Acts and resolutions of the General Assembly of the state of Georgia 1925 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA, GA.: BYRD PRINTING CO. 19250000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1925 19250000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1925 BYRD PRINTING CO., STATE PRINTERS ATLANTA, GA.

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

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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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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1925 TITLE I. APPROPRIATIONS ACTS General Appropriation Act. Academy for Blind, building repairs, etc. Entomology Board, supplementary maintenance. Florida Line Fence. Georgia State Woman's College, deficiency. Lumpkin Law School Library. School for Deaf, maintenance. School of Technology, supplementary maintenance. State College for Women, construction of buildings. State College for Women, maintenance. State Sanitarium, deficiency. State Sanitarium, ice plant. Third District Agricultural and Mechanical School, indebtedness. Training School for Boys, equipment. Training School for Girls, building repairs, etc. Twelfth District A. M. School, buildings, etc. University of Georgia and State College of Agriculture, maintenance. University of Georgia, maintenance. GENERAL APPROPRIATION ACT. No. 453. An Act to make, for the fiscal years 1926 and 1927, appropriations fixed by previous laws, for the ordinary

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expenses of the Executive, Legislative, and Judicial Departments of the State Government, for the payment of the public debt and the interest thereon, the support and maintenance of the public institutions and educational interests of the State. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the sums of money hereinafter set out, or so much thereof as may be neede, be and the same are hereby appropriated for the fiscal years 1926 and 1927, for the objects and purposes stated. Ordinary expenses for State Government for 19226 and 1927. APPROPRIATIONS 1926-1927 DIVISION A.EXECUTIVE DEPARTMENT. Section 1. Governor's Office. Subsection 1. Items: Executive Department. Governor's Office. For the year 1926 For the year 1927 (a) For the salary of the Governor $7,500.00 $7,500.00 Governor; salary. (b) For the salaries of the Secretaries and Clerks in the Governor's office 10,000.00 10,000.00 Secretaries and Clerks. (c) For the salary of a Messenger for the Executive Department as provided by law 950.00 950.00 Messenger. (d) For a Contingent Fund to be expended by the Governor, according to law 33,200.00 25,000.00 Contingent Fund. (Provided, that out of this amount shall be paid the amount of $8,200.00 awarded by arbitration in reference to the Indian Springs property.) Proviso as to Indian Springs property. (Provided, that from the above sum the expenses of the Governor, incurred in the transaction of the business of the State, shall be paid on itemized statement, signed by him, and such expenses shall include the actual traveling expenses of any clerical help the Governor in his discretion shall deem necessary.) Proviso as to traveling expenses. (Provided further, that the expenses of an automobile for the use of the Governor shall be paid from this sum.) Proviso as to Governor's automobile. (Provided also, that advertisements for proposed constitutional amendments be printed in one newspaper only in each Congressional District.) Advertisements for constitutional amendments. (Provided further, that the expenses of the Governor for entertainment of visiting executives of other States, and other distinguished guests of the State, shall be paid from said sum.) Entertainment of visiting executives. (The Governor shall require of the superintendent [or the treasurer or official having charge of the finances of any institution or department] a monthly statement of all expenses, itemized and sworn to before issuing any warrants.) Sworn itemized monthly statements; from whom; before warrant issue. (e) For a reward fund to be expended by the Governor, according to law $3,000.00 $3,000.00 Reward fund. (f) For insurance premiums on insurance of State Property to be renewed in January, 1927 150,000.00 150,000.00 Insurance premums. Section 2. Office of Secretary of State. Subsection 1. Items: Office of Secretary of State For the year 1926 For the year 1927 (a) For the salary of the Secretary of State 2,000.00 2,000.00 Secretary of State; salary. (b) For the salary of a Clerk to the Secretary of State 1,000.00 1,000.00 Clerk. Section 3. Office of the Comptroller-General and Insurance Commissioner. Subsection 1. Items: Office of Comptroller-General and Insurance Commissioner For the year 1926 For the year 1927 (a) For the salary of the Comptroller-General 2,000.00 2,000.00 Comptroller-General; salary. (b) For the salary of a chief clerk to the Comptroller-General $3,600.00; Chief clerk. (Provided that the amount to be paid as fixed by law be $1,800.00 $1,800.00 Proviso. (Provided that the remainder is to be paid from fees collected from foreign corporations.) (c) For the salary of an insurance clerk $2400.00 Insurance clerk. (Provided the amount to be paid as fixed by law be 1,200.00 1,200.00 (Provided that the remainder is to be paid from the insurance fees as provided by law.) Proviso. (d) For the salary of a clerk in the Wild Land Department 1,000.00 1,000.00 Wild Land Department clerk. (e) For the salary of a clerk of Public Service corporations 2,600.00 2,600.00 Public Service corporations clerk. (f) For the salary of the Insurance Commissioner 3,000.00 3,000.00 Insurance Commissioner; salary. (g) For the salary of a Deputy Insurance Commissioner 3,000.00 3,000.00 Deputy Insurance Commissioner; salary. (h) For the salary of an insurance clerk in the office of the Insurance Commissioner $2,000.00 $2,000.00 Insurance clerk. Section 4. Office of the State Treasurer. Subsection 1. Items: Office of State Treasurer For the year 1926 For the year 1927 (a) For the salary of the State Treasurer 4,800.00 4,800.00 State Treasurer; salary. (b) For the salary of the Assistant Treasurer 3,600.00 3,600.00 Assistant Treasurer; salary. (c) For the salaries of Clerical help 6,000.00 6,000.00 Clerical expenses. Section 5. Office of the Attorney-General. Subsection 1. Items: Office of Attorney-General For the year 1926 For the year 1927 (a) For the salary of the Attorney-General 5,000.00 5,000.00 Attorney-General; salary. (b) For the salary of an assistant to the Attorney-General 2,500.00 2,500.00 Assistant Attorney-General; salary. (c) For the salary of a stenographer to the Attorney-General 1,500.00 1,500.00 Stenographer. Section 6. Educational Department and Educational Institutions. Subsection 1. Educational Department, Items: Educational Department For the year 1926 For the year 1927 (a) For the support and maintenance of the common or public schools of the State $5,003,200.00 $5,003,200.00 Maintenance o public schools. (Provided that $20,000 of said common school fund shall be devoted to the holding of teachers' institutes in at least twenty places in the State, under the direction of the State Superintendent of Schools.) Proviso as to teachers' institutes. (b) For the use of the State Board of Vocational Education to meet the requirements of the Act of Congress approved, August 23, 1917 60,000.00 60,000.00 Board of Vocational Education; Act of Congress 1917 (c) For the use of the State Board of Vocational Education to meet the requirements of the Act of Congress approved June 2, 1920, for vocational rehabilitation of disabled persons under the authority of an Act of the legislature approved August 16, 1920 21,353.28 21,353.28 Rehabilitation of disabled persons; Act of Congress 1920. Subsection 2. Educational Institutions. Educational Institutions (a) For the support and maintenance of the University of Georgia 145,000.00 145,000.00 University of Georgia, maintenance. (b) For the support and maintenance of the University Summer School $10,000.00 $10,000.00 University Summer School; maintenance. (c) For the support and maintenance of the Georgia School of Technology 177,500.00 177,500.00 Georgia School of Technology; maintenance. (c-1) For maintaining a course in ceramics at the Georgia School of Technology 10,000.00 10,000.00 Course in ceramics; School of Technology (d) For the support and maintenance of the State College of Agriculture 110,000.00 110,000.00 State College of Agriculture; maintenance. (e) For the State College of Agriculture 128,000.00 128,000.00 State College o Agriculture (Provided, that this appropriation shall be used to meet the requirements of what is known as the Smith-Lever Bill and shall become available July 1, 1925 and 1926.) Proviso as to Smith-Lever Bill. (f) For the support and maintenance of the Bowdon State Normal and Industrial College 20,000.00 20,000.00 Bowdon State Normal and Industrial College. (g) For the State College of Agriculture 35,000.00 35,000.00 College of Agriculture. (Provided that the above appropriation shall be used for extension work in co-operation with the U.S. Department of Agriculture.) Proviso as to co-operation with U.S. Department of Agriculture. (h) For the State College of Agriculture $2,250.00 $2,250.00 College of Agriculture. (Provided that the above appropriation shall be used for holding field meetings and farmers' in-institutes.) Proviso as to meetings and farmers' institutes. (i) Georgia Normal School (formerly First District A. M. School) 40,000.00 40,000.00 Georgia Normal School. (Provided that the above sum includes the amount fixed by law.) (i-1) Southern A. M. College (formerly Second District A. M. School) 40,000.00 40,000.00 Southern A. M. College. (Provided that the above sum includes the amount fixed by law.) (i-2) Third District A. M. School, for maintenance 15,000.00 15,000.00 District Agricultural Schools. (i-3) Fourth District A. M. School, for maintenance 15,000.00 15,000.00 (i-4) Fifth District A. M. School, for maintenance 15,000.00 15,000.00 (i-5) Sixth District A. M. School, for maintenance 15,000.00 15,000.00 (i-6) Seventh District A. M. School, for maintenance 15,000.00 15,000.00 (i-7) Eighth District A. M. School, for maintenance 15,000.00 15,000.00 (i-8) Ninth District A. M. School, for maintenance 15,000.00 15,000.00 (i-9) Tenth District A. M. School, for maintenance $15,000.00 $15,000.00 (i-10) Eleventh District A. M. School, for maintenance 15,000.00 15,000.00 (i-11) Twelfth District A. M. School, for maintenance 15,000.00 15,000.00 (Provided, that only so much of said appropriations for the A. M. Schools be used as may be actually needed for maintenance.) Proviso as to use for maintenance. (j) For the support and maintenance of the North Georgia Agricultural College 40,000.00 40,000.00 North Georgia Agricultural College. (k) For the support and maintenance of the State Medical College 35,000.00 40,000.00 State Medical College. (k-1) For teaching hygiene and public health 14,500.00 14,500.00 Teaching hygiene and public health. (k-2) For the medical department of the University of Georgia for the years 1926 and 1927 to meet the condition of donation from the Carnegie Corporation and General Education Board 20,000.00 20,000.00 Medical Department of University of Georgia; meet conditions of Carnegie Corporation and General Education Board. (l) For the support and maintenance of the State Normal School 110,000.00 110,000.00 State Normal School; maintenance. (m) For the support and maintenance of the State College for women, including a summer term $135,000.00 $135,000.00 State College for Women; summer term. (n) For carrying on extension work, State College for Women 12,500.00 12,500.00 Extension work. (o) For the support and maintenance of the State Woman's College at Valdosta 60,000.00 60,000.00 State Woman's College; maintenance. (p) For the support and maintenance of the Georgia Industrial and Normal School for colored youths 10,000.00 10,000.00 Industrial and Normal School for Colored youths. (q) For the support and maintenance of the Georgia Agricultural, Industrial and Normal School for colored Teachers 17,500.00 17,500.00 Agricultural, Industrial, and Normal School for Colored Teachers. (r) For the maintenance of a summer school for colored teachers 2,500.00 2,500.00 Summer School for Colored Teachers. (s) For the support and maintenance of the School of Agricultural and Mechanical Arts for training negroes, at Forsyth, Ga. 5,000.00 5,000.00 School of Agriculture and Mechanical Arts for Training negroes. (Provided that $1,000.00 of this sum shall be used for the purpose of conducting a summer school for teachers in agriculture) Proviso as to summer school. (Provided that appropriations in Subsection 2, Items (a) to (s) inclusive, are to be made to the University Trustees, and requisitions shall be made through that Board; provided, also that educational institutions named in subsection 2 are hereby authorized to charge reasonable tuition fees, should same be necessary for support of such institutions.) Proviso as to University Trustees and tuition fee. Subsection 3. Educational and Eleemosynary Institutions. Eleemosynary Institutions (a) For the support and maintenance of the Academy for the Blind $ 45,000.00 $ 45,000.00 Academy for Blind. (b) For the support and maintenance o f t h e School for the Deaf 85,000.00 85,000.00 School for Deaf. Subsection 4. Educational and Corrective Institutions. Corrective Institutions (a) For the support and maintenance of the Georgia Training School for Girls 35,000.00 35,000.00 Training School for Girls. (b) For the support and maintenance of the Georgia Training School for Boys $ 30,000.00 $ 30,000.00 Training School for Boys. Section 7. Department of Commerce and Labor. Subsection 1. Items: Department of Commerce and Labor. For the year 1926 For the year 1927 (a) For the salary of the Commissioner of Commerce and Labor 3,600.00 3,600.00 Commissioner [Illegible Text] Commerce and Labor; salary. (b) For the salary of the Assistant Commissioner of Commerce and Labor 2,400.00 2,400.00 Assistant Commissioner; salary. (c) For the salary of a chief clerk and stenographer to the department 1,500.00 1,500.00 Chief clerk and Stenographer. (d) For the salary of a factory inspector 1,200.00 1,200.00 Factory inspector (e) For the contingent fund of the Department of Commerce and Labor 1,800.00 1,800.00 Contingent fund. Section 8. Department of Agriculture. Subsection 1. Items: Department of Agriculture For the year 1926 For the year 1927 (a) For the salary of the Commissioner of Agriculture 5,000.00 5,000.00 Commissioner Agriculture; Salary (b) For the salary of a clerk to the Commissioner of Agriculture 2,500.00 2,500.00 Clerk. (c) For the maintenance of the Department of Agriculture $ 15,000.00 $ 15,000.00 Department of Agriculture; maintenance. (d) For carrying out the provisions of paragraph 11, section 2068, Vol. 1 of the Code of 1910 3,000.00 3,000.00 Provisions of Code of 1910; Sec. 2068, Par. 11 (e) For the salary of the Director of the Bureau of Markets 3,000.00 3,000.00 Director of Bureau of Markets; salary. (Provided that the entire salary above fixed and the actual traveling expenses in the performance of duties shall be paid exclusively from the fertilizer tag tax.) Proviso as to payment from fertilizer tag tax. Subsection 1-A. Bureau of Markets: Bureau of Markets. For the year 1926 For the year 1927 (a) For the support and maintenance of the Bureau of Markets 75,000.00 75,000.00 Maintenance. (Provided that no further sum shall be paid for the support and maintenance of the Bureau of Markets under the pretended authority of the Act of 1921, pages 100-103 inclusive.) Proviso as to authority of Act of 1921. Subsection 2. Chemist, Items: Chemist For the year 1926 For the year 1927 (a) For the salary of a Chemist for the Department of Agriculture $ 4,000.00 $ 4,000.00 Salary. (b) For the maintenance of the office and laboratory of the Chemist including two assistant chemists at $1,000.00 each 18,000.00 18,000.00 Office of Laboratory; assistant chemists. (Provided that $2,500.00 of the above sum shall be expended for the purpose of defraying the expenses incident to making analysis of calcium arsenate and other insecticides.) Proviso as to analysis of calcium arsenate, etc. (c) For the execution of the provisions of the Pure Food and Drug Act of August 21, 1906 10,000.00 10,000.00 Pure Food and Drug Act of 1906 Subsection 3. State Veterinarian, Items: Veterinarian For the year 1926 For the year 1927 (a) For the salary of the State Veterinarian 2,500.00 2,500.00 Salary. (Provided, that in addition to the above salary the actual traveling expense of the State Veterinarian shall be paid when same are incurred in the service of the State, Statement of said expenses to be audited by the Commissioner of Agriculture.) Proviso as to traveling expenses. (b-1) For the protection of live stock from contagious and infectious diseases $ 5,000.00 $ 5,000.00 Contagious and infections diseases. (b-2) For exterminating the cattle tick and developing the live stock industry 25,000.00 25,000.00 Cattle tick; development of live stock industry. (b-3) For combating the outbreaks of hog cholera and distributing serum in carrying on this work subject to and under the provisions of the Act of August 18, 1919 10,000.00 10,000.00 Hog cholera out breaks; serum; Act of August 18, 1919. (b-4) To provide and maintain an effective quarantine along the border of the states of Georgia, Florida and Alabama, to prevent reinfestation of the tick free area of the State of Georgia with the cattle fever tick 25,000.00 25,000.00 Quarantine at state border. (Provided that there shall be itemized statements of all expenditures under the above appropriation (b-3) furnished to the General Assembly by the Commissioner of Agriculture.) Provison for itemized Statements by Commissioner of Agriculture. Subsection 4. Department of Horticulture, Pomology and Board of Entomology. Department of Horticulture and Pomology and Board of Entomology For the year 1926 For the year 1927 (a) For the salary of the State Entomologist $ 3,000.00 $ 3,000.00 Entomologist; salary. (b) For the maintenance of the Department of Horticulture, Pomology and Board of Entomology (Acts of 1921 and 1922) 70,000.00 70,000.00 Maintenance of Department. Subsection 5. Experimental Stations, Items: Experiment Stations. For the year 1926 For the year 1927 (a) For the payment of the actual expenses of the directors, maintenance and repairs of the Georgia Experiment Station $ 8,000.00 $ 8,000.00 Georgia Experiment station; maintenance. (b) For the maintenance of the Coastal Plains Experiment Station 26,500.00 26,500.00 Coastal Plains Experiment station. Section 9. Geological Department. Subsection 1. Items: Geological Department (a) For the maintenance of the State Geological Survey 15,000.00 15,000.00 State Geological Survey. (Provided that the above appropriation shall be spent under the direction of the State Geological Board, as provided by law.) Proviso as to direction provided by law.

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Section 10. Tax Commission. Subsection 1. Items: Tax Commission For the year 1926 For the year 1927 (a) For the salary of the State Tax Commissioner $ 4,000.00 $ 4,000.00 Tax Commissioner; salary. (b) For the salary of the clerk to the State Tax Commissioner 1,500.00 1,500.00 Clerk. Section 11. Prison Commission. Subsection 1. Items: Prison Commission For the year 1926 For the year 1927 (a) For the salaries of members of the Prison Commission 10,500.00 10,500.00 Commissioners; salaries. (Provided that this sum shall be equally divided in three salaries of $3,500.00 each.) Proviso as to equal apportionment. (b) For the salary of a Secretary to the Prison Commissioners 2,500.00 2,500.00 Secretary. (c) For the maintenance of the State Prison Farm 115,000.00 85,000.00 State Prison Farm. (d) For the maintenance fund of the Prison Comision 22,500.00 22,500.00 Maintenance fund; Prison Commission. Section 12. Board of Public Welfare. Subsection 1. Items: Board of Public Welfare For the year 1926 For the year 1927 (a) For the support and maintenance of the Board of Public Welfare 30,000.00 30,000.00 Maintenance, 1926 and 1927. (b) For the purpose of carrying out the provisions of an Act of General Assembly approved Aug. 19, 1922, known as the Child Placing Act $ 5,000.00 $ 5,000.00 Provisions of Child Placing Act of 1922. Section 13. Pension Commission. Subsection 1. Items: Pension Commission For the year 1926 For the year 1927 (a) For the salary of the Pension Commissioner 4,000.00 4,000.00 Commissioner; salary. (b) For hire of clerical help in the office of the Pension Commissioner 3,900.00 3,900.00 Clerical expenses. (c) For the payment of pensions which shall become due for each year 1926 and 1927 1,300,000.00 1,300,000.00 Payment of pensions for 1926 and 1927. (Provided that all unclaimed pensions reverting to the Treasury be pro rated among living pensioners to be applied on past-due pensions.) Proviso as to unclaimed pensions. (Provided also, that in addition to this amount the total sum derived from the cigar and cigarette tax is appropriated so as to provide for full payment of pensions due in said years 1926 and 1927.) Cigars and cigarette revenues appropriated. (Provided further, that should any fees be due any ordinaries for pension work such fees shall be paid from the above appropriation.) Proviso as to payment of fees due ordinaries. (d) For continuing the work of the Roster Commission $ 4,600.00 $ 4,600.00 Roster Commission. Section 14. Public Printing. Subsection 1. Items: Public Printing For the year 1926 For the year 1927 (a) For a general fund to be expended by the Governor, according to law. 30,000.00 30,000.00 General fund. (Provided, that all departments of the State Government and all state institutions who are required by law to submit reports to the Governor or to the General Assembly or which may be called upon to submit reports by the Governor or the General Assembly, shall prior to the printing of such report submit the same to the Governor together with a statement of the number of copies of such report deemed necessary by such department and a statement of the expenses of printing such a report, and shall secure the approval of the Governor as to the number of copies to be printed and the expense thereof. No such report shall be printed without the approval of the Governor.) Proviso as to Governor's approval of use. (1) Every such report shall set forth all receipts and disbursements in full, and be filed with the Governor within sixty days next following the period covered. A duplicate of such report shall at the same time be presented by the author to the Commissioner of Public Printing. No report shall contain any advertising matter nor any copying of the Georgia laws or statutes except minor extracts explanatory of and incorporated in the text. Reports to be printed; genera rules. (2) Before filing any report the author shall carefully edit the same and strike therefrom all journals and minutes of proceedings and all correspondence, petitions and orders and other documents or writings whose substance can be briefly stated, consolidated as far as practicable, statistical tables, and strike out all matter which is of interest to individuals chiefly and not important information concerning public affairs. (b) For the salary of the Superintendent of Public Printing $ 3,000.00 $ 3,000.00 Superintendant of Public Printing; salary. (c) For the salary of the Assistant Superintendent of Public Printing 1,800.00 1,800.00 Assistant Superintendent. (d) For the contingent fund 1,500.00 1,500.00 Contingent fund. Section 15. Department of Archives and History. Subsection 1. Items: Department o Archives and History. For the year 1926 For the year 1927 (a) For the maintenance of the Department of Archives and History 6,000.00 6,000.00 Maintenance. (Provided that the above appropriation shall be expended at the direction of the State Historical Commission, as provided by law.) Proviso as to direction as provided by law. Section 16. State Library Commission. Subsection 1. Items: State Library Commission For the year 1926 For the year 1927 (a) For the support and maintenance of the State Library Commission $ 10,000.00 $ 10,000.00 Maintenance. State Library Section 17. State Library. Subsection 1. Items: For the year 1926 For the year 1927 (a) For the salary of the State Librarian 1,800.00 1,800.00 Librarian; salary. (b) For the salary of the assistant to the State Librarian 1,500.00 1,500.00 Assistant; salary. (c) For the salary of an assistant to the State Librarian 1,000.00 1,000.00 Assistant; salary. (d) For the purchase of books and supplies and for the incidental expenses of the State Library and Supreme Court, to be spent solely at the direction of the Supreme Court 4,000.00 4,000.00 Books, supplies and incidental expenses of State Library and Supreme Court. (e) For the maintenance of the Legislature Reference Department, to be expended as provided by law 1,600.00 1,600.00 Legislative Reference Department. (f) For the purchase of books for office of the Attorney General 250.00 250.00 Books for Attorney-General's office. (g) For printing new volumes of the Supreme Court and Court of Appeals Reports 10,000.00 10,000.00 Printing Reports. (h) For incidental expenses $ 1,850.00 $ 1,850.00 Incidental expenses. Section 18. Military Department. Subsection 1. Items: Military Department For the year 1926 For the year 1927 (a) For the maintenance of the Military Department 40,000.00 40,000.00 Maintenance. (Provided that the above sum shall be expended as follows: $20,000.00 for the sole use of the various military organizations in quarterly payments to be used to pay armory rents, clerk hire and other necessary expenses, and to be paid to the commanding officer on warrant drawn on the State Treasury and to be approved by the Governor; $20,000.00 for the use of the Military Department to pay the salaries of the Adjutant General and such other clerical help as is deemed necessary by the Governor and incidental expenses of said military department, and for the Quartermaster Department, for the upkeep of the State Arsenal, printing, stationery and freight.) $20,000 to be divided quarterly; for use of various organizations; how paid and to whom? Salaries, incidental expenses, etc. Subsection 2. (a) For expenses of the military department while on riot duty, and not to be used except while on riot duty $ 25,000.00 $ 25,000.00 Riot duty expenses. Section 19. State Board of Health. Subsection 1. Items: State Board of Health For the year 1926 For the year 1927 (a) For the maintenance of the State Board of Health 81,431.00 81,431.00 Maintenance. (b) For the support and maintenance of the State Sanatorium for Tuberculosis Patients, Provided that this appropriation shall be expended under the direction of the State Board of Health 50,000.00 50,000.00 Sanatorium for Tuberculosis Patients; direction. (c) For work in connection with venereal diseases 10,000.00 10,000.00 Veneral diseases. (d) For maintenance of the Georgia Training School for mental defectives at Gracewood, Ga. (Provided that this appropriation shall be expended under the direction of the State Board of Health) 35,000.00 35,000.00 Training School for Menal Defectives. Proviso as to direction. (e) For the division of child hygiene, available on receipt of an equal sum of money apportioned to the State by the Federal Government for the promotion of the welfare of maternity and infancy $ 5,000.00 $ 5,000.00 Child hygiene and Maternity. Section 20. State Eleemosynary Institutions. Subsection 1. Items: State Eleemosynary Institutions. For the year 1926 For the year 1927 (a) For the support and maintenance of the State Sanitarium 1,100,000.00 1,100,000.00 Maintenance of State Sanitarium. (Provided that from this appropriation shall be paid all the expenses of the Sanitarium including a salary of $2,500.00 for a resident physician and the salary of the trustees and their expenses as provided by law.) Proviso as to salaries of resident physician and trustees. (Provided further, that the Trustees of said Sanitarium investigate the financial ability of such inmates thereof as may be able to pay all or any portion of the cost of their support and maintenance therein and by proper rule require such reasonable payments from such as their circumstances will permit.) Proviso as to payment by inmates. (b) For the support and maintenance of the Confederate Soldiers' Home of Georgia $ 45,000.00 $ 45,000.00 Confederate Soldiers' Home. (c) For a special weekly allowance to inmates of the Confederate Soldiers' Home of Georgia and for an extra nurse to be supplied 5,000.00 5,000.00 Special weekly allowance; extra nurse. Section 21. Public Buildings and Grounds. Subsection 1. Items: Public Buildings and Grounds For the year 1926 For the year 1927 (a) For the upkeep fund of the public building and grounds 50,000.00 50,000.00 Upkeep fund. (Provided from this sum shall be paid the salary of $2,500.00 due the Keeper of the Public Building and Grounds, and the expense of ordinary repairs of public building, of coal, wood, light, heat and furniture for the executive mansion, and the various Governmental departments of the State; and the hire of engineers, guards, watchmen, servants and of the necessary labor at the mansion, and such porters for the various departments of the State Government as the Governor may authorize; and all general expenses incident to the proper upkeep of the the public building and grounds, and to hire such other labor as may be necessary, also the salary of the operator of the elevator at the State Capitol, which salary shall not exceed $950.00 per annum.) Proviso as to disbursement of upkeep fund. Section 22. Public Debt. Subsection 1. Items: Public Debt For the year 1926 For the year 1927 (a) For the payment of obligations caused by the maturing of the State bonds $100,000.00 $100,000.00 Maturity of State Bonds. (b) To pay interest on the recognized valid debt of the State for 1926 and 1927 215,590.00 212,090.00 Interest on debt for 1926 and 1927. (c) For payment of interest on what is known as the Land Script fund 6,314.14 6,314.14 Interest on Land Script fund. (d) For the payment of the annual interest on the debt due by the State to the University of Georgia 8,000.00 8,000.00 Interest on debt due University of Georgia. (e) For the payment of insurance as provided by the Act of 1882-83, page 24 $5,000.00 $5,000.00 Insurance. Section 23. Department of Audits. Subsection 1. Items: Department of Audits For the year 1926 For the year 1927 (a) For the maintenance and operation of the Department of Audits, including salaries and travel; and State Auditor to employ such help from this appropriation as is necessary to comply with the Act creating the Department of Audits and fix their compensation 38,000.00 38,000.00 Maintenance; Salaries and traveling expenses Section 24. Department of Revenue. Subsection 1. Items: Department of Revenue. For the year 1926 For the year 1927 (a) For the maintenance and operation of the Department of Revenue, in accordance with the Act approved Dec. 14, 1923 48,000.00 48,000.00 Mainenance. (Provided that the Department of Revenue shall cause its collections from Stamp taxes to be turned into the State Treasurer at least monthly.) Proviso as to Stamp taxes. Section 25. Service Bureau. Subsection 1. Items: Service Bureau. For the year 1926 For the year 1927 (a) For the salary of the Director of the Service Bureau $ 2,400.00 $ 2,400.00 Director's salary. (b) For the purpose of carrying on the work of the Service Bureau as prescribed by law 3,600.00 3,600.00 Running expenses. In addition to the Departments and Commissions of the State Government for whose support and maintenance direct appropriations have been made, the following Departments, Commissions and Boards shall be maintained for the years 1926 and 1927 respectively by special appropriation as prescribed by law and noted below: Other Departments, Commissions, Boards. State Highway Department. All expenditures are to be paid out of Motor Vehicle fees and pro rata of gasoline tax collected as fixed by law. Highway Department. State Banking Department. To be maintained by the collection of fees, fines, etc. from State Banks. Banking Department. Industrial Commission. To be maintained by collection of a tax levied upon the gross earnings of insurance companies writing Workmen's Compensation insurance. Industrial Commission. Public Service Commission. To be maintained under the Act of 1922 which provided that $70,000.00 shall be raised annually for the support of the commission by fees collected from public service corporations coming under their jurisdiction. Public Service Commission. State Fire Inspector. To be supported by a tax of one tenth of one per cent. on premiums of fire insurance companies doing business in this State. Fire Inspector. Securities Commission. All expenditures are to be paid from funds arising from the collection of licenses and fees from corporations. Securities Commission. Game and Fish Department. The expenditures of this department are to be paid out of licenses and fines collected. Game and Fish Department. State Board of Barber Examiners. To be supported by fees collected from applicants for examination. Barber Examiners Georgia Board of Chiropractic Examiners. To be supported by fees collected from applicants for examination. Chiropractic Examiners. Board of Public Accountant Examiners. To be supported by fees collected from applicants for examination. Public Accountant Examiners. Board of Dental Examiners. To be supported by fees collected from applicants for examination. Dental Examiners. Georgia State Board of Embalmers. To be supported by fees collected from applicants for examination. Board of Embalmers. State Board of Medical Examiners. To be supported by fees collected from applicants for examination. Medical Examiners. Board of Examiners for Nurses. To be supported by fees collected from applicants for examination. Examiners for Nurses. State Board of Optometry. To be supported by fees collected from applicants for examination. Board of Optometry. State Board of Osteopathic Examiners. To be supported by fees collected from applicants for examination. Osteopathic Examiners. State Board for the Examination and Registration of Architects. To be supported by fees collected from applicants for examination. Board for Examination of Architects. DIVISION B. JUDICIAL DEPARTMENT. Section 1. Supreme Court. Subsection 1. Items: Judicial Department Supreme Court For the year 1926 For the year 1927 (a) For the salaries of the Justices of the Supreme Court $ 42,000.00 $ 42,000.00 Salaries [Illegible Text] Justices. (Provided that the above sum shall be apportioned in six equal salaries of $7,000.00 each.) Proviso as to equal apportionment. (b) For the salaries of the Supreme Court Reporters 4,000.00 4,000.00 Reporters. (Provided that the above sum shall be apportioned in two equal salaries of $2,000.00 each.) Proviso as to equal apportionment. (c) For the salaries of the Supreme Court stenographers 18,000.00 18,000.00 Stenographers. (Provided that the sum shall be apportioned in six equal salaries of $3,000.00 each.) Proviso as to equal apportionment. (d) For the salary of the Sheriff of the Supreme Court 2,400.00 2,400.00 Sheriff. (e) For the compensation of the Clerk of the Supreme Court and Deputy Clerk an amount sufficient to cover the difference between the costs received and the minimum salaries allowed by law, estimated 3,000.00 3,000.00 Clerk and Deputy Clerk. (f) All fees due to Clerk of Supreme Court in pauper cases upon proper showing to the Governor. Fees in pauper cases. (g) For a contingent fund of the Supreme Court $ 3,000.00 $ 3,000.00 Contingent fund. Section 2. Court of Appeals. Subsection 1. Items: Court of Appeals For the year 1926 For the year 1927 (a) For the salaries of the Judges of the Court of Appeals 42,000.00 42,000.00 Salaries of Judges. (Provided that the above sum shall be apportioned in six equal salaries of $7,000.00 each.) Proviso as to equal apportionment. (b) For the salaries of the Court of Appeals reporters 4,000.00 4,000.00 Reporters. (Provided that this sum shall be apportioned in two equal salaries of $2,000.00 each.) Proviso as to equal apportionment. (c) For the salaries of the Court of Appeals stenographers, provided that the above sum shall be apportioned in six equal salaries of $3,000.00 each. 18,000.00 18,000.00 Stenographers. Equa apportionment. (d) For the salary of the sheriff of the Court of Appeals 2,400.00 2,400.00 Sheriff. (e) For the compensation of the Clerk of the Court of Appeals an amount sufficient to cover the difference between the costs received and the minimum allowed by law. Clerk. (f) All fees due the Clerk of the Court of Appeals upon proper showing to the Governor. Fees. (g) For a contingent fund for the Court of Appeals $ 3,000.00 $ 3,000.00 Contingent fund. (h) For the purchase of books and supplies of the Court of Appeals 1,000.00 1,000.00 Books and supplies Section 3. Superior Court. Subsection 1. Items: Superior Court (a) For the salaries of the Judges of the Superior Court 190,000.00 190,000.00 Salaries of Judges. (Provided that the above sum shall be apportioned in thirty-eight equal salaries of $5,000.00 each.) Proviso as to equal apportionment. (b) For salaries of the Solicitors-General 8,250.00 8,250.00 Solicitors-General. (Provided that the above sum shall be apportioned in thirty-three equal salaries of $250.00 each.) Proviso as to equal apportionment. (c) For the payment of fees due Solicitors-General in criminal cases before the Supreme Court and Court of Appeals and solicitors in criminal cases before the Court of Appeals such amounts as may be due them under the terms of the fee bill $ 10,000.00 $ 10,000.00 Fees due Solicitors-General and Solicitors. DIVISION C. LEGISLATIVE DEPARTMENT. Section 1. Senate. 1926 1927 Subsection 1. Officers and members, Items: Legislative Department Senate (a) For the compensation of the President of the Senate, per diem $ 10.00 President of Senate. (b) For the compensation of the members of the Senate, per diem 7.00 Members. (Provided that in addition to the above sum the President and members of the Senate shall receive mileage at the rate of ten cents per mile.) Proviso as to mileage. Subsection 2. Employees. Items: (a) For the compensation of the Secretary of the Senate, per diem 60.00 Secretary of Senate. (Provided that from the above appropriation shall be paid all the clerical expenses of the Senate.) Proviso as to clerical expenses. (b) For the compensation of the Messenger of the Senate, per diem 7.00 Messenger. (c) For the compensation of the Doorkeeper of the Senate per diem 7.00 Doorkeeper. (Provided that the Doorkeeper and Messenger of the Senate shall receive the same mileage as members of the Senate.) Proviso as to mileage. Section 2. House of Representatives. 1926 1927 Subsection 1. Officers and Members, Items: House of Representatives (a) For the compensation of the Speaker of the House of Representatives, per diem $ 10.00 Speaker. (b) For the compensation of members of the House of Representatives, per diem 7.00 Members. (Provided that in addition to the above sum the Speaker and members of the House of Representatives shall receive mileage at the rate of ten cents per mile.) Proviso as to mileage Subsection 2. Employees. Items: (a) For the compensation of the Clerk of the House of Representatives, per diem 70.00 Cle (Provided that from the above sum shall be paid all the clerical expenses of the House of Representatives.) Proviso as to clerical expenses. (b) For the compensation of the Messenger of the House of Representatives, per diem 7.00 Messenger. (c) For the compensation of the Doorkeeper of the House of Representatives, per diem 7.00 Doorkeeper. (Provided that the Messenger and Doorkeeper of the House shall receive the same mileage as the members of the House of Representatives.) Proviso as to Mileage. (d) For the incidental expenses of the House of Representatives for the session 1927 $ 150.00 Incidental expenses of House for Session of 1927 (e) For the incidental expenses of the Senate for the session of 1927 125.00 Incidental expenses of Senate for Session of 1927. (f) For indexing journals of the House of Representatives 150.00 Indexing House Journals. (g) For indexing Journals of the Senate 150.00 Indexing Senate Journals. (h) For the expenses of the legislative committee while visiting the various institutions and properties of the State during the session, and for the expense and per diem of ad interim committees when authorized by the chairman of such committee to make visit 7,500.00 Expenses of inspection of State Institutions and properties. or such sum thereof as may be necessary, to be paid upon itemized statement submitted and approved. Itemized statements to be rendered. (i) For printing, stationery, incidental supplies, furniture, repairs and replacements for the General Assembly for the session 1927 to be immediately available, to be paid on approval of the Secretary of State, or so much thereof as may be necessary for above year 4,000.00 Supplies, repairs and replacements for 1927. (j) For compensation of Doorkeeper, assistant Mesenger and other attaches of the House, and of the Senate not otherwise provided for, such sums as may be authorized by resolution of either branch of the General Assembly, for the session 1927, to be immediately available. Compensation of certain employees. (k) For additional appropriation for incidental expenses of the House for the year 1925 $ 25.00 Additional expenses for 1925; House. For incidental expenses of the Senate for the year 1925 25.00 Senate. For indexing Journals of House for the year 1925 25.00 Indexing House Journals. For indexing Journals of Senate for the year 1925 25.00 Indexing Senate Journals. Said sums to be immediately available. Be it further enacted by the authority aforesaid, that the respective amounts appropriated by this Act for the salaries of the various State House officers and clerical expenses of the various departments shall be held and considered as in full payment thereof, and such amounts shall not be increased directly or indirectly by the payment of additional funds from the contingent fund, or any other fund, to such officers, their clerks, or other persons by way of extra compensation or for extra service, or for extra assistance rendered to such officers in any department of State Government, and should such extra service or assistance become necessary to said officers in said departments, the same shall be paid out of the amounts respectively appropriated by this Act for salaries of the various State House officers; nor shall any money be paid from any fund to any person or officer as a salary or otherwise, unless same is authorized by law, audited by the Comptroller-General, and the money appropriated therefor. Amounts appropriated considered full payment. No extra compensation. Necessary extra service; how paid for. Authority Audit. Appropriation.

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Be it further enacted by the authority aforesaid that whenever an appropriation is made for the maintenance of any department, the said maintenance appropriation shall cover all incidental expenses of said department, including telephone, telegraph, printing, stationery, office furniture and fixtures, supplies, postage, etc., and shall cover the cost of all reports required by law to be made to the Governor or to the General Assembly. That this same provision shall apply to all departments which are supported by fees, special taxes or licenses, when such fees, taxes or licenses are made by law the statutory appropriation for maintenance of said department and no incidental expenses as set forth above for any department shall be paid out of appropriation for contingent fund, Public Printing Fund, or Public Building and Grounds Fund. Maintenance; appropriations to cover incidental expenses. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 27, 1925.

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ACADEMY FOR BLIND; BUILDING REPAIRS, ETC. No. 438. An Act to make an appropriation to the Trustees of the Georgia Academy for the Blind at Macon for the purpose of repairing, furnishing, and equipping the buildings belonging to said Academy, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the sme: Section 1. That there is hereby appropriated the sum of fifteen thousand dollars to the Trustees for the Georgia Academy for the Blind at Macon for repairing, furnishing and equipping the buildings belonging to said Academy, provided that this sum be divided as follows: Ten thousand dollars for the white school and five thousand dollars for the colored school. $10,000 for white school; $5,000 for colored school. Sec. 2. Be it further enacted that all conflicting laws are hereby repealed. Approved August 27, 1925. ENTOMOLOGY BOARD; SUPPLEMENTARY MAINTENANCE. No. 446. An Act to appropriate thirty thousand dollars additional to the maintenance of the Georgia State Board of Entomology, for the year 1925, to define the use of the maintenance fund, and for 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 thirty thousand dollars, as an additional emergency maintenance appropriation

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be and the same is hereby appropriated to the State Board of Entomology to be immediately available on the passage of this Act, for the year 1925, for the use in the general work of said board, and in maintaining the Board and its employees. The said emergency growing out of the recent introduction into the State of pecan nut bearer, Oriental fruit moth, cotton flea, and other dangerously injurious insects and diseases, necessitating the establishment and institution of extensive control measures for the protection of the pecan, peach, apple, cotton, and other fruit and field crops against the ravages of these insect pests and diseases which seriously threatened the agricultural industry of the State. Provided, that no part of the maintenance fund appropriated by this session of the General Assembly shall or may be used by the said Georgia State Board of Entomology as any revolving fund. $30,000 for emergency maintenance. Introduction of insect pests Provision against revolving fund. Sec. 2. The appropriation herein made shall be paid out of any funds in the treasury not otherwise appropriated. Payment from funds not otherwise appropriated. 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 27, 1925. FLORIDA LINE FENCE. No. 455. An Act to appropriate one hundred thousand ($100,000.00) dollars, or so much thereof as may be necessary, to pay for a double fence constructed or to be constructed on the Georgia-Florida State line in the Counties of Charlton, Clinch, Echols, Lowndes, Brooks, Thomas, Grady, and Decatur, to prevent the reinfestation of Georgia with the cattle fever tick; to provide

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how this fence shall be constructed, paid for and maintained; to provide for condemnation of right of way for such fence line, if necessary, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that for the purpose of constructing and paying for a double line, cattle-proof fence and cattle-guards on the highways on the Georgia-Florida State line in the counties of Charlton, Clinch, Echols, Lowndes, Brooks, Thomas, Grady, and Decatur to prevent reinfestation of Georgia with the cattle fever tick, the sum of one hundred thousand ($100,000.00) dollars, or so much thereof as may be necessary, be and the same is hereby appropriated. $100,000 for building cattle proof fence. The fence and cattle-guards, if not already constructed, shall be built or contracted for by the respective Board of County Commissioners of each county named, at the lowest competitive bid consistent with serviceable construction. Contracts by County Commissioners. It shall be the duty of the State Veterinarian to designate the parts of counties where such fence and cattleguards are necessary, to inspect and if properly constructed to approve to each Board of Commissioners and to the State Auditor the fence and cattle-guards after they have been completed. The County Commissioners of each respective county shall then file with the State Auditor an itemized and certified account of cost of construction. These accounts, when properly rendered and verified, shall be paid by the State Auditor by direct warrant on the State Treasury. Veterinarians inspection. Accounts of costs to be submitted to State Auditor. Sec. 2. Be it further enacted, should any property owner on the state line decline to permit the County Commissioners to erect a fence as hereinbefore provided on the state line, then such County Commissioner or Commissioners shall immediately institute condemnation

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proceedings as provided by law. Condemnation proceedings. Sec. 3. Be it further enacted, that each county herein named, in consideration of the State's cooperation in constructing such fence and cattle-guards hereinbefore referred to, pledges itself and it shall be the duty of each such county to maintain the fence and cattle-guards on its respective state line in first-class condition for a period of five years; except in the event that tick eradication in the respective adjoining border counties of Florida should be completed, and provided that the State of Florida shall maintain an effective state quarantine within such tick free counties in Florida to safeguard the State of Georgia against reinfestation. Maintenance by Counties. Should any county fail to properly maintain this state line fence and the cattle-guards herein provided for, and should such county after or because of such failure become reinfested with the cattle-fever tick, then such county shall bear the burden of cleaning up such reinfestation as provided in Section 3 of the Act approved August 17th, 1918, known as the Statewide Tick Eradication Act. Reinfestation through neglect duties of counties 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 27, 1925. GEORGIA STATE WOMAN'S COLLEGE, DEFICIENCY. No. 448. An Act to appropriate fifteen thousand ($15,000) dollars to the Board of Trustees of the University of Georgia for the use of the Georgia State Woman's College at Valdosta in paying a deficiency in that institution

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brought over from previous years. Section 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 be appropriated to the Board of Trustees of the University of Georgia, for the use of the Georgia State Woman's College at Valdosta, the sum of fifteen thousand ($15,000) dollars to be used in paying a deficiency in that institution. $15,000 for deficiency. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this law are hereby repealed. Approved August 27, 1925. LUMPKIN LAW SCHOOL LIBRARY. No. 450. An Act to appropriate to the Trustees of the University of Georgia the sum of six thousand dollars ($6,000) for the use of the Lumpkin Law School which is a part of the University, for the purpose of supplying the needed books to the library of said law school and for the purpose of housing said library and for repairs and for other purposes. Whereas, the alumni and friends of the law school and the memorial Association of the University of Georgia have purchased and paid for the Atheneum Building in the City of Athens and by proper conveyance, conveyed to the Trustees of the University of Georgia which said building is of a value from thirty thousand dollars ($30,000) to forty thousand dollars ($40,000) of which purchase money neither the State of Georgia nor the Trustees of the University have paid any part, but the same has been a donation for the use and benefit of the Lumpkin Law School, and Preamble. Whereas, through gifts and donations the said Lumpkin

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Law School has accumulated a valuable library consisting of about eight thousand (8,000) volumes, but only about three thousand five hundred (3,500) of this number are current volumes; five thousand (5,000) being needed to enter said Association. The said association refusing to count duplicates and many books of great value, and Whereas, the Lumpkin Law School during the past year had a greater attendance than any other law school in the state, and its work has always been accepted as being of the highest character which has been illustrated by the large number of lawyers who have graduated therefrom and practiced in this state, and Whereas, the Board of Trustees of University of Georgia has directed the authorities of the Lumpkin Law School to apply for and obtain admission into the Association of American Law Schools as soon as possible, and to this end the said authorities of the Lumpkin Law School have directed all their energies, now having three full-time teachers, a three year law course, and entrance requirements of two years college work, and all that is lacking and needed at this time to accomplish this end is the filling out its library in accordance with the rule of the association of American Law Schools, and Whereas, the Lumpkin Law School is the only department of the University that charges tuition and is a source of revenue to the Trustees, and the appropriation of the amount herein set forth would give to the State property to the value of from sixty thousand dollars ($60,000) to seventy thousand dollars ($70,000) which would have cost the State only the sum and amount of this appropriation, 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 six thousand dollars ($6,000) be and the same is hereby appropriated to the Trustees of the University of Georgia for use in the Lumpkin Law

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School for the purchase of books needed to fill out the library to bring its standard up to the standard fixed by the American Association of Law Schools, and to enable said Lumpkin Law School to be a member of said Association, to house said library, and for repairs. $6,000 to Trustees of University of Georgia for purchase of books. Sec. 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this act or any part thereof be and the same are hereby repealed. Approved August 27, 1925. SCHOOL FOR DEAF; MAINTENANCE No. 445. An Act to appropriate out of the general funds of the State of Georgia to the Georgia School for the Deaf, at Cave Springs, Floyd County Georgia, the sum of five thousand ($5,000.00) dollars, for deficiency appropriation for maintenance and repairs for the year 1925; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that there is hereby appropriated out of the general funds of the State of Georgia, to the Georgia School for the Deaf, located at Cave Springs, Floyd County, Georgia, the sum of five thousand ($5,000.00) dollars for deficiency appropriation for maintenance and repairs for the year 1925. $5,000 for deficiency. 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 27, 1925.

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SCHOOL OF TECHNOLOGY; SUPPLEMENTARY MAINTENANCE. No. 443 An Act to appropriate a supplementary maintenance fund of $35,000.00 to the Georgia School of Technology for the years 1924-25, 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 $35,000.00 be, and the same is hereby appropriated to the Georgia School of Technology, at Atlanta, Georgia, the same to be used by the trustees of said institution as supplementary maintenance fund of said institution for the years 1924-25, the same to be paid out of the funds in the Treasury not otherwise apporpriated. $35,000 for 1924 and 1925. Sec. 2. All laws in conflict herewith are hereby repealed. Approved August 27, 1925. STATE COLLEGE FOR WOMEN; CONSTRUCTION OF BUILDINGS. No. 26. An Act to appropriate the sum of one hundred and ninety-five thousand ($195,000.00) to the Trustees of the University of Georgia, for the purpose of erecting buildings for the Georgia State College for Women at Milledgeville, Ga., and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that the sum of one hundred and ninety-five thousand ($195,000.00) be and the same is hereby appropriated

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to the Trustees of the University of Georgia, for the purpose of erecting buildings for the Georgia State College for Women at Milledgeville, Ga., to replace those destroyed by fire. $195,000 to Trustees of University of Georgia. Replacement of destroyed buildings. Sec. 2. The above amount shall be available immediately upon the passage of this bill and shall be paid from the treasury of Georgia upon warrants issued by the Governor. Provided, however, that only such amounts are called for monthly as is actually needed for completion of the work. When available; warrants. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved July 21, 1925. STATE COLLEGE FOR WOMEN; MAINTENANCE. No. 441. An Act to appropriate the sum of twenty-five thousand ($25,000.00) dollars to the Trustees of the University of Georgia for the purpose of supplying additional maintenance fund for the Georgia State College for Women at Milledgeville, 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-five thousand ($25,000.00) dollars be and the same is hereby appropriated to the Trustees of the University of Georgia, for the purpose of supplying additional maintenance to the Trustees of the Georgia State College for Women at Milledgeville, Ga., for the year 1925. The same being the amount vetoed by the Governor in 1924. $25,000 for additional maintenance. Sec. 2. The above amount shall be available immediately upon passage of this bill, payable from the treasury of Georgia, upon warrants drawn by the Governor. When available; warrants.

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Sec. 3. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 27, 1925. STATE SANITARIUM; DEFICIENCY. No. 449. An Act to appropriate the sum of two hundred and fifty thousand ($250,000,00) dollars to the Trustees of the Georgia State Sanitarium for the purpose of supplying a deficiency at the Georgia State Sanitarium for the year 1925. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the sum of two hundred and fifty thousand ($250,000,00) dollars, be and the same is hereby appropriated to the Trustees of the Georgia State Sanitarium, at Milledgeville, for the purpose of supplying a deficiency now existing at that institution. $250,000 for deficiency. Sec. 2. The above amount shall be available monthly as required after the passage of this bill, from the treasury of Georgia and upon warrants drawn by the Governor. When available; warrants. Sec. 3. Be it further enacted that all laws and parts of laws in conflict herewith, are hereby repealed. Approved August 27, 1925. STATE SANITARIUM; ICE PLANT. No. 440. An Act to appropriate the sum of thirty thousand ($30,000,00)

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dollars to the Trustees of the Georgia State Sanitarium, for the purpose of erecting an Ice Plant and Cold Storage. 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 thirty thousand ($30,000.00) dollars be and the same is hereby appropriated to the Trustees of the Georgia State Sanitarium at Milledgeville, for the purpose of erecting an Ice Plant and cold storage, for said Institution. $30,000 for ice and cold storage plant. Sec. 2. The above amount shall be available immediately upon the passage of this bill and shall be paid from the treasury of Georgia, upon warrants drawn by the Governor. Provided, however, that only such amounts are drawn as required during process of erection and completion of said Ice Plant and Cold Storage. When available; warrants. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 27, 1925. THIRD DISTRICT AGRICULTURAL AND MECHANICAL SCHOOL; INDEBTEDNESS No. 447. An Act to appropriate the sum of ten thousand dollars ($10,000.00) for the purpose of paying an indebtedness with interest, for money borrowed to complete the Academic building of the Third District A. M. School located in Americus, Sumter 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 such authority that the sum of ten thousand dollars ($10,000.00)

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be and the same is hereby appropriated to the Third District A. M. School located at Americus, Georgia, for the purpose of paying past-due indebtedness for money borrowed to complete the Academic building of said school after the original was burned; that said sum be payable upon warrant by the Governor out of any funds not otherwise appropriated. $10,000 to Third District A. and M. School. Warrants. 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 27, 1925. TRAINING SCHOOL FOR BOYS; EQUIPMENT No. 444. An Act to appropriate the sum of $16,250.00 to the Georgia Training School for Boys for the erection of new buildings, for equipment of the same, for repairing old buildings and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the sum of sixteen thousand two hundred and fifty dollars be and the same is hereby appropriated to the Georgia Training School for Boys, to be used for the following purposes, to-wit: $16,250 for Georgia Training School for Boys. For the erection of a shop-building for manual training $5,000 How used. For equipment of the same 5,000 For a new building to accommodate additional inmates and for equipment of same 5,000 For repairing the present buildings 500 For laundry equipment 750

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Said total sum of sixteen thousand, two hundred and fifty dollars to be payable to the Board of Managers of said Georgia Training School for Boys out of any funds in the Treasury of the State. Payable to Managers. 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 27, 1925. TRAINING SCHOOL FOR GIRLS; BUILDING REPAIRS, ETC. No. 442. An Act appropriate the sum of eight thousand one hundred and fifty dollars ($8,150) for the purpose of furnishing equipment and necessary repairs to the building to the building at the Georgia Training School for Girls known as the Harriet Hawkes Cottage and for the purpose of moving certain machinery there from to other buildings provided for the same and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the sum of eight thousand one hundred and fifty dollars ($8,150) be and the same is hereby appropriated for the purposes of making necessary needed repairs to the building at the Georgia Training School for Girls known as The Harriet Hawkes Cottage, and for moving therefrom certain machinery therein contained to other buildings provided for the same, and for the purpose of furnishing and equipping said building in a suitable manner for its use for the purpose for which it was constructed. $8,150 for Harriet Hawkes Cottage. Sec. 2. That said amount herein above appropriated

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be paid to the Chairman of the Board of Managers of the Georgia Training School for Girls as needed from any funds of the Treasury. Payable to Managers. Sec. 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same is hereby repealed. Approved August 27, 1925. TWELFTH DISTRICT A. M. SCHOOL BUILDINGS, ETC. No. 452. An Act to appropriate to the University of Georgia, for the use and benefit of the Twelfth District A. M. School at Cochran, the sum of ten thousand dollars, to build and equip a dormitory, domestic science hall, a dining hall and auditorium, and to provide a heating plant 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 there is hereby appropriated to the University of Georgia, for the use and benefit of the Twelfth District Agricultural and Mechanical School, located at Cochran, the sum of ten thousand dollars, to be used in building and equipping a dormitory, domestic science hall, a dining hall and auditorium, and to provide a heating plant, $5,000.00 thereof to be paid during the year 1925 and the balance thereof during the year 1926. $10,000 for halls and heating plant. When payable. Approved August 27, 1925.

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UNIVERSITY OF GEORGIA AND STATE COLLEGE OF AGRICULTURE; MAINTENANCE. No. 437. An Act to make additional appropriations to the Trustees of the University of Georgia for the use of the Trustees of the Georgia State College of Agriculture for maintenance, repairs, 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 sum, to-wit: For maintenance for the remainder of the year the sum of fifteen thousand ($15,000.00) dollars is hereby appropriated. The foregoing appropriation shall be paid out of any monies in the Treasury not otherwise heretofore appropriated. $15,000 for maintenance, 1925. 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 27, 1925. UNIVERSITY OF GEORGIA; MAINTENANCE. No. 439. An Act to appropriate to the trustees of the University of Georgia the sum of twenty-five thousand dollars for additional maintenance for the year 1925 and for other purpose. 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 twenty-five thousand dollars be and the same is hereby appropriated to the trustees of

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the University of Georgia for additional maintenance for the year 1925. $25,000 for maintenance, 1925. Sec. 2. Be it further enacted by the authority aforesaid that the amount herein appropriated be paid to the trustees of the University of Georgia by warrant drawn by the Governor on the Treasury immediately after the passage of this Act. Warrants. Sec. 3. Be it further enacted by the authority aforesaid, that all laws or part of laws in conflict with this act be and the same are hereby repealed. Approved August 27, 1925.

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TITLE II. TAXATION ACTS Collection of Insurance Agents' Occupation Tax. Estate and Inheritance Taxes. Fuel Distributors, Occupation Tax, Appropriation. Fuel Distributors, Occupation Tax, Collecting Clerk. Motor-Fuel Distributors, Occupation Tax. COLLECTION OF INSURANCE AGENTS' OCCUPATION TAX. No. 402. An Act to provide for the collection by the Insurance Commissioner of the special or occupation tax imposed by law upon insurance agents. 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 January 1, 1926, all special or occupation taxes imposed upon the several classes of insurance agents under Section 2 of the General Tax Act, shall be paid to the Insurance Commissioner. Taxes payable to Insurance Commissioner; effective Jan. 1, 1926. Sec. 2. Be it further enacted by the authority aforesaid, that the Insurance Commissioner be and he is hereby authorized to retain the sum of 5 per centum of the amount collected or so much thereof as may be necessary, annually, from the funds collected from said insurance agents as special or occupation taxes, before covering the same into the Treasury, out of which he shall pay the expenses of collecting same including clerical help in the Insurance Department. 5 per cent of amount collected to be retained for expenses.

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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 repled. Approved August 26, 1925. ESTATE AND INHERITANCE TAXES No. 451. An Act to assess and collect from estates in Georgia subject to Federal Estate taxes, 25 per cent of the amount found to be due as Federal taxes, for State Inheritance taxes, to provide how the same shall be determined and collected; to provide for taxing estates not returned within 12 months from the death of the decendent; to provide that no additional inheritance or estate tax shall be levied by the State; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act it shall be the duty of the legal representative of the estate of any person who may die a resident of this State, and whose estate is subject to the payment of a Federal Estate tax, to file a duplicate of the return which he is required to make, to the Federal authorities, for the purpose of having the estate taxes determined, with the State Tax Commissioner. When such duplicates are filed with said official, he shall compute the amount that would be due upon said return as Federal Estate Taxes under the Act of Congress relating to the levy and collection of Federal Estate Taxes upon the property of said estate taxable in Georgia, and assess against said estate as State inheritance taxes twenty-five per centum of the amount found to be due for Federal Estate Taxes. Federal Estate tax return; duplicate to be filed with State Tax Commissioner. Assessment for State of 25 per cent of Federal tax. Sec. 2. Be it further enacted by the authority aforesaid,

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that when the amount of the inheritance taxes to be paid by any estate has been determined, or provided for in Section 1 of this Act, it shall be the duty of said State official to certify the same to the Ordinary of the County where said estate is being administered, who shall enter the same upon the minutes of his Court, and notify the executor or administrator of the amount found to be due, which shall be a charge against the estate and not the several distributive shares. The tax assessed under the terms of this Act shall be payable to the County Tax Collector as heretofore required under the Inheritance Tax Law of Georgia. Duties of County Ordinaries. Sec. 3. Be it further enacted, that any estate where a report is not made, as required by this Act, within 12 months from the qualification of the administrator or executor, may be appraised and assessed for inheritance taxes by the State official to whom said report should have been made, who shall have full power and authority to require the production of all evidence that will enable him to determine the value of all property of said estate subject to be taxed under this Act. Appraisal where report not made. Sec. 4. Be it further enacted, that whenever the legal representative of any estate taxable under this Act fails to pay the amount assessed against said estate, within six months after notice from proper authority as to the amount, to be paid, it shall be the duty of the Tax Collector of the County of the administration to issue execution for the amount of such tax, against said estate, which execution shall be enforced by levy and sale. Failure to pay; executions. Sec. 5. Be it further enacted, that there shall be no other inheritance tax assessed or collected out of estates, under the laws of this State. No other inheritance tax to be assessed from estates. Sec. 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 27, 1925.

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FUEL DISTRIBUTORS; OCCUPATION TAX; APPROPRIATION. No. 400. An Act to increase the tax of 3 cents per gallon now levied on fuel distributors to 3 and one-half cents per gallon, and to appropriate the proceeds of said additional half cent per gallon to the State-Aid Road Fund, 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 tax of 3 cents a gallon on fuel distributors levied by the Act approved August 10, 1921, levying an occupation tax on fuel distributors, as amended by the subsequent statutes of this State on the same subject, be increased to 3 and one-half cents per gallon, and that the proceeds of the additional one-half cent per gallon be appropriated to the State-Aid Road Fund for construction on the State-Aid System of Roads. The additional tax herein levied shall be returned and collected and paid along with the original tax of 3 cents per gallon and in like manner as said tax is collected. Act of 1921 amended. New rate 3 cents a gallon. Sec. 2. In the event House Bill No. 782, which has already passed the House and is now pending in the Senate, passes and becomes a law, whatever gas tax is levied in said bill shall be in addition to the tax levied in this bill. * * House bill No. 782 failed to pass in the Senate. 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 26, 1925.

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FUEL DISTRIBUTORS; OCCUPATION TAX; COLLECTING CLERK. No. 436. An Act to amend an Act entitled An Act providing for an occupation tax upon all distributors selling fuels in this State, etc., approved August 10, 1921, and all Acts amendatory thereto by providing a clerk in Comptroller-General's office to collect said tax and to provide remuneration for said clerk and to designate fund out of which said clerk shall be paid. Sction 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, that Paragraph A, Section 2 as amended, shall be amended as follows by inserting in line two after the eighth word and before the ninth the following words: A clerk is hereby provided in the Comptroller-General's office whose duty it shall be to collect said tax. Said clerk to be appointed by the Comptroller-General and to be paid a salary not to exceed four thousand, two hundred dollars a year, payable out of said tax, and the Treasurer of the State of Georgia is hereby authorized to set up an appropriation for the payment of said salary the sum of four thousand, two hundred dollars before making any distribution to Counties, Highway Department or General Fund as hereinafter provided, so that the amended section will read as follows: Act of 1921 amended. Clerk in Comptroller-General's office. Section 2-A to be read. Sec. 2-A. All monies collected under the provisions of said Act as amended herein, shall be paid into the State Treasury. A clerk is hereby provided in the Comptroller-General's office whose duty shall be to collect said tax. Said clerk to be appointed by the Comptroller-General and to be paid a salary not to exceed four thousand, two hundred dollars a year, payable out of said tax, and the Treasurer of the State of Georgia is hereby authorized to set up and appropriation for the payment of said salary

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of the sum of four thousand, two hundred dollars before making any distribution to Counties, Highway Department or General Fund, and one-third of the remaining fund shall be credited to the General Fund for the purpose of supplying the deficiency in the State Treasury arising out of the discount of the rental of the Western and Atlantic Railroad, as provided by the Act of 1921, pages 230-1, and Acts amendatory thereto, and the remaining amount to the General Fund of the State; one-third of the remaining fund shall be distributed to the countries to be used exclusively for the construction and maintenance of the public roads, such distribution to be made by the State Treasurer before the 15th day of October, January, April and July each year, the amount distributable on account of the collection of the preceding three months being paid to each country treasurer or other county officer or officials authorized to receive county funds in counties not having a county treasurer on the basis of the pro rata part of the State-Aid System road mileage in said county to the entire system, to be expended upon public roads and bridges, and the remaining one-third of the fund shall be set apart as a special fund of the State-Aid Road Fund to be credited to the State Highway Department for the construction of the State Aid System of Roads and for the purpose of matching the Federal Aid authorized by the United States Government for the construction of highways and bridges on said system of roads; provided further that the one-third of the remaining fund first mentioned shall likewise as in the manner last described be set aside to the Highway Department upon the expiration of the present period of the discount of the Western and Atlantic Railroad rental. Sec. 3. Repeals all conflicting laws. Approved August 24, 1925.

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MOTOR-FUEL DISTRIBUTORS; OCCUPATION TAX No. 399. An Act to classify as and declare to be motor-fuel distributors all persons, firms, and corporations that may bring or have brought into this State any motor-fuel, whether gasoline or other substance, for the purpose of distributing the same from tank-cars or other original packages for use within this State, and to impose and levy upon such distributors a tax equal to the tax now levied or that hereafter may be levid upon distributors selling such fuels within this State; to provide the method of collecting such tax; to provide penalties for the violation of this Act; to provide for the distribution of the tax collected hereunder, and to provide for notice of deliveries of gasoline and other motor-fuel, 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, to-wit: Section 1. From and after the passage of this Act all persons, firms, and corporations who shall bring or have brought into this State any motor-fuel, whether gasoline or other substance, for the purpose of distributing the same from tank-cars or other original packages for use within this State, are hereby classified as and declared to be distributors of such motor-fuels, and every such distributor shall pay a tax equal to the tax now levied or which hereafter may be levied upon distributors selling such fuels within this State. It is not intended that any manufacturer or other person, firm, or corporation that may bring or have brought into this State gasoline, naptha, or benzine, intended for use and which actually is used as a solvent, or in any other way than as a motor-fuel, shall be deemed to be a distributor of motor-fuels within the meaning of this Act. Classification and designation of distributors. Tax. Solvent liquids exempted.

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Sec. 2. The proceeds of the tax imposed by this Act shall be distributed in the same manner as the tax on distributors selling fuels in this State is now or hereafter may be distributed. Proceeds, how used. Sec. 3. Each motor-fuel distributor, as defined by this Act, shall make the same returns, register, and pay the tax herein levied in the same manner as is now or hereafter may be required of distributors selling fuels in this State; provided that users of gasoline or other motor-fuel shall pay the tax on the basis of the withdrawal or distribution from tank-cars or other original packages. Returns and registration. Sec. 3-A. Be it further enacted by the authority aforesaid, that it shall be the duty of all railroads, ships, or other common carriers to, at the end of each day's business, make a report to the Comptroller-General of this State, showing all deliveries made by them of gasoline or other motor-fuel made during said day's business, which reports shall give the following details: the name and address of the consignor, the name and address of the consignee, the car number and initial, the net weight of the shipment if in car lots, and the date of delivery. Common carriers' report. Sec. 3-B. Be it further enacted by the authority aforesaid, that if any portion of this Act should be declared unconstitutional, it shall not affect any other provision of this Act. Constitutionality of this Act. Sec. 4. Any person violating the provisions of this Act shall be guilty of a misdemeanor, and shall be punishable therefor as provided in Section 1065 of the Penal Code of Georgia. Penalty. Sec. 5. All laws or parts of laws in conflict with this Act are hereby repealed. Approved August 26, 1925.

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TITLE III. AMENDMENTS TO CONSTITUTION ACTS Article 6, Section 13, Paragraph 1. Muscogee Superior Court Judge's Salary. Article 7, Section 7, Paragraph 1. Crisp Debt, Increase for Public Utilities. MUSCOGEE SUPERIOR COURT JUDGE'S SALARY No. 241. An Act to amend paragraph 1, Section 13 of Article 6, of the Constitution of Georgia, regulating the salaries of the judges of the Superior Courts, by providing for the payment from the County Treasurer of Muscogee County to the judge of the circuit of which said county is a part, an additional compensation; and for other purposes. Section 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia an amendment to paragraph 1 of Section 13, of Article 6, of the Constitution of this State, as follows: By adding to paragraph 1 of Section 13, of Article 6 of the Constitution of the State of Georgia as it now is the following: Provided, that the County of Muscogee from and after January 1, 1927, shall pay from its treasury to the Superior Court judges of the circuit of which it is a part such sums as will with the salary paid each judge from the State Treasury, make a salary of eight thousand dollars per annum to each judge, and said payments are declared to be a part of the court expense of such county. Art. 6, Sec. 13, Par. 1, amended. Payment from Muscogee treasury; $8,000 per annum to each judge.

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Sec. 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly, and the same has been entered upon their journals, with the yeas and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause the above proposed amendment to be published in one or more newspapers in each congressional district in this State for the period of two months next preceeding the time of holding the next general election; and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the said proposed amendment shall have written or printed on their ballots the words, for amendment to paragraph one of Section 13 of Article 6 of the Constitution, providing for additional compensation to be paid by Muscogee County, to the judges of the circuit of which it is a part. If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified. Publication. Submitted to popular vote. Ballots. Proclamation. Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith are repealed. Approved August 17, 1925.

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CRISP DEBT; INCREASE FOR PUBLIC UTILITIES No. 215. An Act to propose to the qualified voters of Georgia an Amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize an increase in the bonded indebtedness of the County of Crisp for the purposing of acquiring water power sites and locations on the Flint River within, and, or without Crisp County; and for the purpose of building, constructing, equipping and operating dams and plants for the manufacture and generation of water power and electric current; and for acquiring rights-of-way for power transmission lines, and the building, equipping, and operating of power transmission lines and stations, with the right of condemnation for acquiring said sites, locations, and rights-of-way and for the purpose of selling, for any and all purposes, water power and electric current; and to provide how the power conferred by this amendment shall be exercised and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia as heretofore amended, shall be further amended, by adding at the end thereof a new sub-paragraph in the following words, to-wit: And except that the County of Crisp may incur a bonded indebtedness in addition to debts hereinbefore in this paragraph allowed to be incurred, to the amount in the aggregate not to exceed the sum of one million two hundred and fifty thousand dollars and at a rate of interest not to exceed five per centum per annum; which said bonds shall run for a period or periods of time not to exceed thirty years and may be issued from time to time and in such denomination as may be determined by the county authorities of said county, to be signed by the Chairman

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and the Clerk of the Board of Commissioners of Roads and Revenues of said county and shall be known and designated as Hydro-Electric Power Bonds; and which said bonds shall be sold and the proceeds thereof used and handled by the Power Commission hereinafter provied for. The proceeds of all bonds issued and sold under this authority shall be used for the purpose of acquiring water power sites and locations on the Flint River within and, or without Crisp County, including the necessary overflow lands; and for the purpose of acquiring rights-of-way for power transmission lines; and for the purpose of improving, building, constructing, equipping, maintaining, leasing, or operating the necessary power dams, ponds, plants, machinery, transmission lines and distribution stations, including all necessary machinery and apparatus for the manufacture, generation, transmission, sale and distribution of water power and electric current. The right of eminent domain is conferred upon said County of Crisp for the purpose of acquiring such sites, locations, overflow lands, and rights-of-way necessary for the proper exercise of the rights conferred by this amendment. Said County of Crisp is fully authorized hereby to engage in the manufacture, generation and sale of water power and electric current for purposes of promoting the agricultural, industrial, and civic interests of said County and for any and all other purposes and to make all necessary contracts relating to the sale and disposition thereof including the right to fix the rate or rates to be charged for all water power and electric current used for lighting, heating, power, and other purposes in said county. The bonds issued pursuant to this authority shall be a first lien upon all properties acquired, and all improvements made, and all plants and lines and stations constructed and machinery and apparatus purchased with proceeds thereof; and in the event of the sale of all or any portion of said properties the proceeds thereof shall be used for the purpose of payment of said bonded indebtedness. The bonds issued pursuant to this authority

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and the interest thereon, shall be paid by preference out of the net receipts of the water power and electric current used, sold or disposed of, manufactured and generated under this authority, after the payment of maintenance and operating expenses; and the Power Commission hereinafter provided for shall provide a sinking fund for the retirement of the principal of said bonds out of said net receipts whenever the amount of said net receipts becomes sufficient therefor, after payment of the interest on said bonds and any excess of said net receipts; after providing for interest and sinking fund charges, may be used for the purpose of additions, enlargements, and betterments, or for the purpose of acquiring, constructing, and equipping other water power sites and locations, and plants, or be paid into the county depository for general county purposes. All bonds issued pursuant to this amendment shall be and are declared to be nontaxable for any and all purposes. Any dam constructed pursuant to the authority hereof shall be equipped with passageways for the passage of fish over the same. Said passageways to be approved by the Department of Game and Fish. Art. 7, Sec. 7, Par. 1, amended. Issue of bonds. Acquisition of sites of Flint River. Machinery for power transmission. Eminent domain. Generation of power. Bonds. Sinking Fund. Bonds nontaxable. Provided, however, that any dam built pursuant to the authority aforesaid shall be located on the Flint River between Drayton Bridge on the north, and the confluence of Chokee Creek with said river on the south. Provided, further, that in event of sale by Crisp County or any of its assigns or successors of all or any part of the properties acquired, built or improved pursuant to the foregoing authority, to any person or corporation controlled by private capital, such property so sold shall become subject to taxation under existing laws. Said County of Crisp is authorized and empowered to issue bonds pursuant to this amendment, in the event this amendment be ratified and becomes a part of the Constitution; and in the event a majority of the electors of Crisp County voting at the election at which this amendment is submitted for ratification, or at any subsequent special bond election

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called for that purpose, in which special election the ballot of those voting in favor of bonds shall bear the words, For Hydro-Electric Power Bonds, and the ballot of those voting against bonds shall bear the words: Against Hydro-Electric Power Bonds, vote in favor thereof. The ordinary of said county is directed to consolidate the vote and to declare the result of all elections therefor and if the result of any such election is favorable to the issuance of such bonds, the same shall be validated in the manner now provided by law. The sale of the bonds provided for above, and all the rights, powers and duties incident to the use, investment, and expenditure of the proceeds thereof including the sites, locations, and rights-of-way and the building, constructing, equipping, operating, maintaining, and managing of the sites, locations rights-of-way, plants, lines, stations, dams and ponds and all properties of all and every kind acquired, built, and constructed pursuant to the foregoing authority shall be, and is hereby vested in a Power Commission of seven to consist of the members of the Board of Commissioner of Roads and Revenues of said county as constituted from time to time and four other citizens of Crisp County who shall be elected by the Grand Jury of said county, two of those first elected to be for a term of one year and the other two for a term of two years, and the terms of all commissioners so elected thereafter shall be for a period of two years and the Grand Jury of said county shall fix the compensation of all Power Commissioners to be paid out of the proceeds from the operations of said power plant or out of the general fund of said county and said commission is authorized and empowered to employ such agents, servants, and employees, and to make and enter into such contracts as are reasonable and proper in the exercise of the duties and powers herein conferred upon said commission. The taxing authorities of said County of Crisp are hereby empowered and it shall be their duty to provide by taxation for the payment of the principal and interest of any bonds issued hereunder

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in the event the net profits derived from the use, sale and disposition of water power and electric current hereunder shall prove insufficient therefor. The General Assembly may confer further and additional authority upon the County of Crisp touching the construction, maintenance, control, and disposition of the Hydro-Electric power plant and properties herein provided for not inconsistent herewith. Dam site. Bond elections. Ballots. Proclamation. Power Commission. Taxation to pay bonded indebtedness. Sec. 2. Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon and published in one or more newspapers in each congressional district of this State for two months previous to the time for holding 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 7, Section 7, Paragraph 1, of the Constitution authorizing the County of Crisp to increase its bonded debt for Hydro-Electric Power purposes, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution, authorizing the County of Crisp to increase its bonded debt for Hydro-Electric Power 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 elections for members of the General Assembly, then said amendment shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law. Publication. Submitted to popular vote. Ballots. Proclamation. Approved August 14, 1925.

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TITLE IV. CODE AMENDMENTS ACTS Civil 258. U. S. Reserve Officers Eligible to Civil Office. 640. South Atlantic Coastal Highway; Powers of Commissioners. 1207. Tax Collectors' Bonds. 1249. State Depositories in Certain Cities. 1249. State Depositories, number of chartered banks to be appointed. 1249. State Depository in Alamo. 1249. State Depository in Atlanta. 1249. State Depository in Atlanta. 1249. State Depository in Lakeland. 1537. Local Educational Taxes, duties of trustees. 1973. Geological Department, salaries. 2201. Change of Name or Capital Stock, how authorized. 2409-(a). Insurance Companies, investment in home-office buildings. 2601. Street Railroad Corporations, capital stock increase. 2823, 2823-(a). Corporations, renewal of charters by Superior Courts. 5630. Demurrers in Equity Cases, procedure. Penal 816. Laurens and Lincoln Jury Lists. 876. Court Bailiffs in Certain Counties, salaries. 1007. Mistrials in Felony Cases, procedure. U. S. RESERVE OFFICERS ELIGIBLE TO CIVIL OFFICE No. 343. An Act to render citizens of this State holding commissions as reserve officers in the United States Army, Navy, and Marine Corps eligible to hold civil office by amending Subsection 4 of Section 258 of the Code of 1910 which provides Persons holding any office of profit or trust under the government of the United

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States (other than that of postmaster), or of either of the several states, or of any foreign state are held and deemed ineligible to hold civil office, so as to add after the word postmaster in the second line of said Subsection the words and officers of the Reserve Corps of the United States Army, Navy and Marine Corps. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Subsection 4 of Section 258 of the Code of 1910 be and the same is hereby amended by adding after the word postmaster in the second line of said Subsection the following words, to-wit: and officers of the Reserve Corps of the United States Army, Navy and Marine Corps so that said Subsection as amended shall read as follows: C. C. Sec. 258, sub-Sec. 4, amended. 4. Holding other offices. Persons holding any office of profit or trust under the Government of the United States (other than that of postmasters and officers of the Reserve Corps of the United States Army, Navy and Marine Corps), or of either of the several states, or of any foreign state. To be read. Reserve officers exempted from restriction. Sec. 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1925. SOUTH ATLANTIC COASTAL HIGHWAY; POWERS OF COMMISSIONERS. No. 212. An Act to amend Section 640 of the Code of Georgia with reference to the South Atlantic Coastal Highway, and for other purposes. Section 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section 640 of the Code of Georgia shall be amended by adding the following to said Section: C. C. Sec. 640 amended. Provided, however, the Commissioners of the Coastal Highway District of Georgia, with the advice and concurrence of the State Highway Engineer, may establish, lay out, widen and extend, and make any alterations and changes in the South Atlantic Coastal Highway as may be to the best interests of the public, under such provisions as may be fixed by special Acts, or by resolutions of the said Commissioners. Section 640. On application for any new road, or alteration on an old road, the Ordinary shall appoint three Road Commissioners, residing as near where such road is intended to pass as possible; and if they find it of public utility, they must proceed to make it out, and make their report under oath to such ordinaries that it was laid out and marked conformably to law. Provided, however, the Commissioners of The Coastal Highway District of Georgia, with the advice and concurrence of the State Highway Engineer, may establish, lay out, widen and extend, and make any alterations and changes in the South Atlantic Coastal Highway as may be to the best interests of the public, under such provisions as may be fixed by special Acts, or by resolutions of the said Commissioners. To be read. Alterations of South Atlantic Coastal Highway. 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, 1925. TAX COLLECTORS' BONDS. No. 435. An Act to amend Section 1207 of Parks Annotated Code

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of Georgia of 1914, fixing the amount of bonds and their conditions required of tax collectors of the State of Georgia in counties as have a population of less than thirty thousand, to provide when and how all officrs collecting taxes in this State shall pay over the same to the proper officers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 1207 of Park's Annotated Code of Georgia of 1914, be and the same is hereby amended by inserting the words sixty per cent of and by striking the words thirty-three and one-third per cent more than in said Section 1207 of Park's Annotated Code of Georgia of 1914, and by adding at the end of said Section the words not to exceed fifty thousand dollars, so that said Section when so amended shall read as follows: C. C. Sec. 1207 amended. Section 1207. Amount of Bonds and Their Conditions. To be read. He shall also give bond and security for sixty per cent of the State tax supposed to be due from the county for the year for which said officer is required to give bond, the amount of the bond to be filled up by the Comptroller-General before being sent out to the county from the executive office; and shall give another bond with sufficient security, payable to the Ordinary, conditioned for the faithful performance of his duties as collector of the county tax, in a sum to be fixed by such Ordinary, not to exceed fifty thousand dollars. Amount of bond. Limit. Sec. 2. Whenever the tax collector, in any such county having a population of less than thirty thousand, collects State taxes to the amount of five thousand dollars, he shall at once pay the same over to the treasurer as now required by law; and shall also pay over all the taxes he may have collected during any two weeks, on every other Saturday, whether the same amounts to five thousand dollars or not; so that no tax collectors in said counties

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shall have or keep any of the money of the State in his hands for a longer period than two weeks. State taxes, when paid to treasurer. Sec. 3. Said tax collectors, county tax commissioners, sheriffs, and constables shall each pay over, from time to time, the county taxes to the proper officers, as now required by law, so soon as there is collected five thousand dollars and if he fail to collect said sum during any two weeks, he shall then pay over on Saturday all he has collected during the prior two weeks, together with a list of the taxpayers, and the amounts paid by them, during said period. County taxes, when turned over Sec. 4. The tax collector in each of such counties shall make duplicate reports every two weeks to the Comptroller-General and the county authorities of the aggregate amount of taxes collected during said two weeks, naming separately the amount of taxes collected for the State and the county, and shall swear that the same is a correct report of the taxes collected as aforesaid. Reports. Sec. 5. If any of such tax collectors fail or refuse to make said payment, or if he make a false return, or if he fail or refuse to file such list as required, it shall be the duty of the Comptroller-General, or the Ordinary, or county officer having charge of the county affairs, as the case may be, to report said facts to the Governor, and it shall be the duty of the Governor to cause a notice to be served on said tax collector, calling on him to show cause why he should not be removed from office, and if he fail to make a proper excuse within ten days, it shall be the duty of the Governor to remove him. Neglect of duty. Sec. 6. Be it further enacted that this Act shall apply only to counties in the State of Georgia having a population of less than thirty thousand. Applicable to what counties. Sec. 7. 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 27, 1925.

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STATE DEPOSITORIES IN CERTAIN CITIES. No. 292. An Act to amend Section 1249 of the Code of 1910 by providing that in cities having a population of 6,000 and over according to the United States Census of 1920, the Governor may name and appoint not more than two solvent chartered banks of good standing in credit as State Depositories. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 1249 of the Code of Georgia of 1910 shall be amended by striking the words, sixty-five hundred and over where they appear in the last proviso of said Section, and inserting in lieu thereof the words, not less than six thousand and not more than fifteen thousand, according to the United States Census of 1920, so that when amended said Section shall read as follows: C. C. Sec. 1249, amended. 1249 (982) State Depositories Provided for in Various Cities: To be read. The Governor shall name and appoint a solvent chartered bank of good standing and credit in each of the following cities and towns, to-wit: In Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin, LaGrange, Thomasville, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, Dawson, Cordele, Marietta, Richland, Millen, Warrenton, Carrollton, Elberton, Monticello, Fort Gaines, Cedartown, Jackson, Harmony Grove, Thomaston, Covington, Blackshear, Waycross, Brunswick, Forsyth, Jefferson, Washington, Quitman, Greenville, Eastman, Moultrie, Toccoa, Statesboro, Tifton, Lawrenceville, Douglas, Dublin, Madison, Tennille, Sylvania, McRae, Cornelia, Fitzgerald, Bainbridge, Blue Ridge, Mt. Vernon, Barnesville, Baxley, Hartwell, La-Fayette,

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Louisville, Montezuma, Pelham, Sandersville, Swainsboro, Thomson, Winder, Calhoun, Jesup, Lavonia, Donalsonville, Claxton, Ashburn, Nashville, Blakely, Dallas, Perry, Fort Valley, Sparta, Reidsville, Comer, Fayetteville, Ludowici, Senoia, Cochran, Conyers, Hazlehurst, Lyons, Ocilla, Talbotton, Bremen, Butler, Cairo, Franklin, Tallapoosa, Georgetown, Gibson, Jonesboro, Jeffersonville, McDonough, Ringgold, Rochelle, Pembroke, Chipley, Colquitt, Guyton, Homerville, Jasper, and Summerville, which shall be known as State depositories: provided that, in each of said cities having a population of not less than six thousand and not more than fifteen thousand, according to the United States Census of 1920, the Governor may name and appoint not more than two solvent chartered banks of good standing and credit, which shall be known and designated as State depositories. Two banks in certain cities. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 18, 1925. STATE DEPOSITORIES; NUMBER OF CHARTERED BANKS TO BE APPOINTED. No. 318. An Act to amend the last paragraph of Section 1249 of Volume 1 of the Code of Georgia of 1910, said Section providing for State Depositories in certain cities and towns, by striking out the following words in said paragraph, to-wit: not more than two solvent chartered banks and inserting in lieu thereof the words, to-wit: not more than three (3) solvent chartered banks, and for other purposes. Section 1. Be it enacted by the General Assembly of

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Georgia and it is hereby enacted by the authority of the same, that the last Paragraph of Section 1249 of Volume 1 of the Code of Georgia of 1910, said Section providing for State Depositories in certain cities and towns, be amended by striking out the following words in said paragraph, to-wit: Not more than two solvent chartered banks, and inserting in lieu thereof the words, to-wit: not more than three solvent chartered banks, so that said paragraph of said Section when so amended shall read as follows, to-wit; provided that in each of said cities having a population of nine thousand and over, the Governor may name and appoint not more than three solvent chartered banks of good standing and credit, which shall be known and designated as State depositories. C. C. Sec. 1249 amended. To be read. Three banks in certain cities. Sec. 2. Be it further enacted aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 20, 1925. STATE DEPOSITORY IN ALAMO. No. 164. An Act to amend section 1249 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the town of Almo in the county of Wheeler to the list of such towns and cities. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 1249 of Volume of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as

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State Depositories, and the several Acts amendatory thereof be and the same are, hereby amended so as to include and add the town of Alamo in the county of wheeler, State of Georgia, to the list of such cities and towns. C. C. Sec. 1249, amended. State depositories. Town of Alamo added. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 7, 1925. STATE DEPOSITORY IN ATLANTA No. 102. An Act to amend Section 1249, of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories, and Acts amendatory thereof, so as to add another bank as a State Depository in the City of Atlanta, in Fulton County, State of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Section 1249, of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, be and the same is hereby amended so as to add another bank to be so selected as a State Depository in the City of Atlanta, in the County of Fulton, State of Georgia, to the list of such cities and towns. C. C. Sec. 1249, amended. Additional depository n Atlanta. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1925.

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STATE DEPOSITORY IN ATLANTA No. 347. An Act to amend Section 1249 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories, and Acts amendatory thereof, so as to add another bank as a State Depository in the City of Atlanta, in Fulton County, State of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 1249 of the Code of the State of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, be and the same is hereby amended so as to add another bank to be so selected as a State Depository, in the City of Atlanta, in the County of Fulton, State of Georgia, to the list in such cities and towns. C. C. Sec. 1249, amended. Additional depository in Atlanta. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with the Act be and the same are hereby repealed. Approved August 21, 1925. STATE DEPOSITORY IN LAKELAND. No. 285. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the City of Lakeland in the County of Lanier and State of Georgia to the list of such cities and towns, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories and the several Acts of the General Assembly of the State of Georgia amendatory thereof, be and the same is hereby amended so as to add the City of Lakeland in the County of Lanier and State of Georgia to the list of such cities and towns. C. C. Sec. 1249, amended. State depositories. City of Lakeland added. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1925. LOCAL EDUCATIONAL TAXES; DUTIES OF TRUSTEES. No. 385. An Act to amend Section 1537 of Volume 1 of Park's Annotated Code of Georgia, relative to the powers and duties of the board of trustees in those districts which levy a local tax for educational purposes by enlarging their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 1537 of Volume 1, of Park's Annotated Code of Georgia be, and the same is hereby amended by inserting immediately after the word education in line five of said section, the following words, to-wit: They shall have the right and power to use the school houses and school properties in the district, or permit the same to be used for educational purposes, provided, the use of the schoolhouses and school

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properties in no way conflicts with the public school or schools in the district, so that said section when amended shall read as follows: C. C. Sec. 1537, amended. Sec. 1537. In those districts which levy a local tax for educational purposes, the board of trustees shall make all rules and regulations to govern the schools of the districts, and build and equip schoolhouses under the approval of the county board education. They shall have the right and power to use the schoolhouses and school properties in the district or permit the same to be used for educational purposes provided, the use of the schoolhouses and school properties in no way conflicts with the public school or schools in the district. They shall have the right to fix the rate of tuition for non resident pupils, and to fix the salaries of the teachers. They shall receive from the county board of education the share of public-school funds apportioned to the district by the county board of education. They shall determine the amount necessary to be raised by local tax on all the property of the district. The secretary of the board of trustees of said district with the aid of the county school commissioner of said county, shall ascertain from the tax returns made to the tax receiver, and from the tax made to the comptroller general, the total value of all the property in said district subject to taxation for county purposes and a regular digest of all such property in said school district shall be made by said secretary in a book furnished by the board of trustees and kept for that purpose. At or before the time of fixing the rate of taxation for said county, the secretary of each local board of trustees, with the aid of the county school-commissioners, shall levy such rate on the property thus found as will raise the total amount to be collected; provided, that such rate shall not exceed one half of one per cent, the county school commissioner of each county, at or before, the time for fixing the rate of said county by the ordinary thereof, or the county board of commissioners,

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as the case may be, shall certify to the said ordinary, or said board of commissioners, as the case may be, and to the Comptroller-General of the State the rate of taxation fixed for each school district in the county, and said taxing authority of said county shall levy such special tax at the same time and in the same manner as is now prescribed for the levying taxes for county purposes. A copy of the special tax digest of said local tax district shall be furnished by the secretary of the local board of trustees to the tax collector of the county. To be read. Use of school properties. Sec. 2. Be it further enacted by the authority of the same, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 24, 1925. OSTEOPATHISTS, LICENSING OF. No. 363. An Act to amend Section 1738 of the Civil Code of Georgia, as heretofore amended, relating to examination of applicants to practice osteopathy, so as to provide for issuing licenses, under certain conditions, to practitioners of osteopathy in other States, without examination, 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 1738 of the Civil Code of Georgia, relating to examination of applicants to practice osteopathy in Georgia, be and the same is hereby amended, by adding at the end thereof, the following provision, to-wit: C. C. Sec. 1738, amended. Provided that the Board of Osteopathic Examiners is vested with the discretion to issue licenses, without examination of the applicant, where such applicant has

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been duly licensed to practice osteopathy in any other State of the United States, where the legal requirements for the issuance of such licenses are as high or higher than the legal requirements obtaining in the State of Georgia, upon proof thereof, and upon proof that the applicant is of good moral character and good personal and professional standing, and has followed his profession in such other State for a period of not less than one year immediately preceding the date of his application for license in this State; and further provided, that such other State from which any such applicant holds license practices comity with the State of Georgia by granting licenses without examination to holders of license from the State of Georgia, for the practice of osteopathy; and further provided such applicant pays all fees and charges required by law or by the rules of the Board of Osteopathic Examiners for the issuance of licenses. The authority hereby conferred is entirely discretionary, and the Board of Osteopathic Examiners may in any and all instances require an applicant to stand an examination. Issue of certain licenses without examination. 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 22, 1925. GEOLOGICAL DEPARTMENT; SALARIES. No. 384. An Act to amend Section 1973, Volume 1, of the Code of Georgia of 1910, as amended by an Act approved August 21, 1917, as to salaries of the State Geologist and his assistants, and 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 1973, Volume 1, of the Code of Georgia

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of 1910, as amended by an Act approved August 21, 1917, Georgia Laws of 1917, (pages 52 and 53), as to salaries of the State Geologist and his assistants, be and the same is hereby amended by making the salary of the State Geologist forty-five hundred dollars per annum, and by providing that each assistant shall not receive more than three thousand dollars per annum; so that the amended Section shall read as follows: The salary of the State Geologist shall be forty-five hundred dollars per annum, and each assistant shall receive such salary per annum as shall be determined by the advisory board of the Geological survey on recommendation of the State Geologist, provided that each assistant shall not receive more than three thousand dollars per annum. C. C. Sec. 1973 Amended. Geologist. Assistants 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 24, 1925. CHANGE OF NAME OR CAPITAL STOCK, HOW AUTHORIZED. No. 434. An Act to amend Section 2201 of the Code of Georgia, relative to the manner by which the name or capital stock or place of business of any banking, railroad, insurance, express, telegraph, canal, or navigation company in this state may be changed so as to provide that such change may be authorized by a vote of a majority in amount of the entire capital stock entitled by the terms of its charter to vote, and for 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 2201 of the Code of

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Georgia providing for the change of name, or capital stock, or place of business of any banking, railroad, insurance, express, telegraph, canal, or navigation company in this State be and the same is hereby amended by adding after the words occurring in such section as follows: authorized by the vote of a majority in amount of the entire capital stock, the following words, namely: entitled by the terms of its charter to vote. C. C. Sec. 2201 amended. Change, how authorized. Sec. 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 27, 1925. INSURANCE COMPANIES; INVESTMENT IN HOME-OFFICE BUILDINGS. No. 420. An Act to amend Section 2409-A of Park's Annotated Code of the State of Georgia, Volume 8, Supplement of 1922, so as to enable insurance companies to invest not more than twenty-five per cent of their assets in a building to be used for home office purposes. Section 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 2409-A of Park's Annotated Code of the State of Georgia, Volume 8, Supplement of 1922, be and the same is hereby amended by striking from the twentieth line of said Act as recorded in said Section of Park's Annotated Code of the State of Georgia, Volume 8, Supplement of 1922, the following: nor more than the amount of its capital so that said Act as amended shall read as follows: C. C. Sec. 2409-A amended. 2409 (a) INVESTMENTS BY INSURANCE COMPANIES

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CONVEYANCES AND PURCHASES OF REALTY, etc. Every insurance company organized and doing business by virtue of the laws of this State shall have authority to invest its money or assets in, and make loans on, any and all bonds or securities issued by the United States of America, the District of Columbia, or any state of the United States of America, or of any county or city therein, also any bonds of any township or school district therein, or bonds issued by the Federal Land Banks under the provisions of the Act of Congress of the United States of America of July seventeenth, one thousand, nine hundred and sixteen; its amendments and supplements; first lien on improved real estate in any of the States of the United States of America, not exceeding fifty per cent of the value of said property; promissory notes amply secured by pledge of securities in which said companies are authorized to invest their funds; loans on their own policies not exceeding the reserve thereon; to invest in a building for home office purposes, provided, no company chartered under the laws of Georgia shall hereafter invest in such building unless its assets exceed one hundred thousand dollars; nor shall such company invest more than twenty-five per centum of its assets in such building; provided, further, that any such investment in a building for home office use shall first be approved by the Insurance Commissioner; in bonds in any solvent railroad or street railway corporation, upon which no default in interest has been made; and in any evidence of indebtedness which may, under laws existing at this time, be purchased or discounted by the Federal Reserve Banks; but no insurance company shall require or hold more than ten per centum of the securities of any single corporation, nor shall more than ten per centum of its assets be invested in the above described securities of any single company. Such insurance companies organized and doing business by virtue of the laws of this State are authorized to invest their funds in the investments and securities aforesaid and shall not

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be required to obtain the approval of the Insurance Commissioner of Georgia in making of such investments, except as herein provided, but should such insurance company desire to invest their funds in investments and securities other than those specified herein, they shall be first required to obtain the approval of the Insurance Commissioner of this State. Such insurance companies may also sell, assign, transfer and convey, either with or without warranty, or either with or without recourse upon it, as it may prefer, any real estate, personal property, bond, note, mortgage, deed or trust, deed to secure debt, or other form of property or security in which it may have invested its money or assets or made loans on as allowed by law, and may also buy and sell any realty that may be necessary for the protection of any loan it may make. Investment If more than amount of capital. Sec. 2. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 26, 1925. STREET RAILROAD CORPORATIONS; CAPITAL STOCK INCREASE. No. 433. An Act to amend Section 2601 of the Code of Georgia, relative to the method of increasing the capital stock of street or suburban railroads corporations by providing that such increases may be made by a vote of two-thirds of the capital stock entitled by the terms of its charter to vote, instead of two-thirds of the entire capital stock, and for 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 2601 of the Code of Georgia, which provides how the capital stock of a street

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or suburban railroad company in this State may be increased, be and the same is hereby amended by adding after the words except by a vote of two-thirds of the capital stock, the following words, namely: entitled by the terms of its charter to vote. C C. Sec. 2601 amended. How authorized. Sec. 2. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 27, 1925. CORPORATIONS, RENEWAL OF CHARTERS BY SUPERIOR COURTS. No. 376. An Act to amend Section 2823 and 2823 (a) of the Code of Georgia adopted August 15th, 1910, providing for the creation of corporations by the Superior Courts of this State so that said Courts shall have the power to renew the charters thereof for one or more times and confirming all amendments to and renewals of charters heretofore made by said authority 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. By striking from the fifth line of Sub-section 2 of said Section 2823, as the same appears in the Code of 1910, the words at the expiration of that time and by inserting in lieu thereof the words one or more times, so that said Sub-section thus amended shall read as follows: C. C. Sec. 2823, sub-section 2, amended. 2. If, upon hearing such petition, the courts shall be satisfied that the application is legitimately within the purview and intention of this Code, it shall pass an

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order declaring the said application granted, and the petitioners and their successors incorporated for and during a term not exceeding twenty years, with the privilege of renewal one or more times, according to the provisions above set forth. A certified copy of this petition and order, under the seal of the court, shall be evidence of such incorporation in any court in this State. To be read. Renewals. Sec. 2. By adding at the end of Sub-section 6 of said Section 2823 the wordsand the said Court shall have the power to amend and renew all such charters for one or more times, and all amendments to and renewals of charters heretofore granted by the Superior Courts of this State are hereby confirmed and declared to be of full effect from the dates of such amendments and renewals, so that said Sub-section thus amended shall read as follows: Sub-section 6 amended. 6. The powers conferred in this Section shall extend to the amendment and renewal of all charters contemplated in the Section, within the jurisdiction of said Courts, whether the original charter sought to be amended or renewed was originally granted by the General Assembly of the State or by a Superior Court of this State, and the said Court shall have the power to amend and renew all such charters for one or more times, and all amendments to and renewals of charters heretofore granted by the Superior Courts of this State are hereby confirmed and declared to be of full effect from the dates of such amendments and renewals. To be read. Number of renewals. Sec. 3. Be it further enacted that Section 2823 (a) of said Code be amended by inserting the words and to amend and renew such charters in the third line of said Section between the words companies and the word in, and by inserting in the fourth line between the wordsgranting and charters the words amending and renewing, and by inserting in the fifth line between the words charters and shall the words amendments and renewals and by inserting in the

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seventh line between the wordschartered and in, the words amended and renewed, so that said Section 2823 (a) thus amended shall read as follows: Sec. 2823(a) amended. 2823 (a) Charters granted in vacation. The judges of the Superior Courts of this State shall be authorized and empowered to grant charters to private companies and to amend and renew such charters in vacation at chambers in the same manner and subject to the same restrictions as now provided by law for granting, amending and renewing charters in term time, and the applicants for such charters, amendments and renewals shall comply with all the provisions of law so far as the same may be applicable as provided in Section 2823, and companies so chartered, amended and renewed in vacation shall be subject to all the privileges, powers, conditions and liabilities as provided in said Section. To be read. Superior Courts empowered to amend and renew charters. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved August 22, 1925. DEMURRERS IN EQUITY CASES; PROCEDURE. No. 388. An Act to amend Section 5630 of the Civil Code of the State of Georgia of 1910, dealing with the different modes of defense by a defendant, and prescribing the time for filing thereof and the hearing thereon, by adding at the end thereof the following words, to-wit: In Equity Causes, however, where extraordinary relief is sought, the trial court may hear, pass upon and determine all demurrers in such causes at any interlocutory hearing before the appearance or first term.

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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 5630 of the Civil Code of the State of Georgia of 1910, be and the same is hereby amended by adding at the end thereof the following words, to-wit: In Equity Causes, however, where extraordinary relief is sought, the trial court may hear, pass upon and determine all demurrers in such causes at any interlocutory hearing before the appearance or first term, so that said Section when amended shall read as follows: 5630. Modes of defense . A defendant may either demur, plead, or answer to the petition, or may file one, or more or all of these defenses at once, without waiving the benefit of either; or he may file two or more pleas to the same action. In all cases demurrer, pleas, and answer shall be disposed of in the order named; and all demurrers and pleas shall be filed and determined at the first term, unless continued by the court, or by consent of parties. In Equity Causes, however, where extraordinary relief is sought, the trial court may hear, pass upon and determine all demurrers in such causes at any interlocutory hearing before the appearance or first term. C. C. Sec. 5639 amended. To be read. Power of trial court. Sec. 2. Be it further enacted by the authority aforesaid, that any and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 25, 1925. LAURENS AND LINCOLN JURY LISTS. No. 311. An Act to amend Section 816, of the Penal Code of 1910, relative to the revision of jury lists, by adding thereto a provision authorizing an annual revision of the jury list in the counties of Laurens and Lincoln; 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 816 of the Penal Code of 1910, relative to the revising of the jury list of the counties of this State, be and the same is hereby amended by adding at the end of said section the following words, to-wit: Provided, however, that the judges of the Superior Courts in the counties of Laurens and Lincoln may, in their discretion, order the jury commissioners to revise the jury list annually on the first Monday in August, or within 60 days thereafter, so that said section of the code as amended will read as follows: Biennially, or if the judge of the Superior Court shall direct, triennially on the first Monday in August, or within thirty days thereafter, they shall revise the jury list as provided in this article, except that in those counties within whose limits there is an incorporated town of ten thousand or more inhabitants the revision shall be made annually, except that the judge in such cases may also order a revision of the jury list biennially, or triennially, in his discretion. In determining the number of inhabitants of any town the last preceeding census of the United States shall be taken as evidence of the number of inhabitants. Provided, however, that the judges of the Superior Courts in the counties of Laurens and Lincoln may, in their discretion, order the jury commissioners to revise the list annually on the first Monday in August, or within sixty days thereafter. P. C. Sec. 816 amended. To be 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 they are repealed. Annua revision. Approved August 20, 1925.

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COURT BAILIFFS IN CERTAIN COUNTIES; SALARIES. No. 297. An Act to amend Section 876 of the Penal Code of Georgia, as amended, so as to fix the salaries and compensation of court bailiffs in counties of population of 200,000 or more, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 876 of the Penal Code of the State of Georgia, as amended, is further amended so as to add after the words per diem in line five, the following words, except in counties having a population of 200,000 or more, according to the last United States census, the compensation of court bailiffs as fixed by the grand jury shall be $150.00 per month, provided the Commissioners of Roads and Revenues, or other authority having control of county finances, shall first approve the payment of such salaries and the number of bailiffs to be employed in each court. P. C. Sec. 876 amended. Sec. 2. So that said section, when so amended, shall read as follows: To be read. The first grand jury impanelled at the fall term of the superior courts of the several counties shall fix the compensation of jurors and court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to exceed $3.00 per diem; except in counties having a population of $200,000 or more, according to the last United States census, the compensation of court bailiffs as fixed by the grand jury shall be $150.00 per month, provided the Commissioners of Roads and Revenues, or other authority having control of county finances of such counties shall first approve the payment of such salaries and the number of deputies to be employed in each court; and the same compensation

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shall be allowed to bailiffs and jurors of the several city courts and special courts in this State, as is allowed bailiffs and jurors in the superior courts, in which such city or special court may be located. The pay of tales jurors shall be the same as the regular drawn traverse jurors, and there shall be no distinction in the pay of tales and regular drawn jurors. Salaries; certain counties excepted. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws, whether general or local, in conflict with the provisions of this Act are hereby repealed. Approved August 19, 1925. MISTRIALS IN FELONY CASES; PROCEDURE. No. 397. An Act to amend Section 1007 of the Penal Code of Georgia of 1910 by adding thereto a provision conferring upon the several judges of the Superior Courts of said State a discretionary authority and power to require that a brief or transcript of the testimony had in felony cases be filed by the Court Reporter in the office of the Clerk of the Superior Court wherein trial thereof is had where from any cause a mistrial results, and empowering said judges to fix and determine the measure of the compensation of said reporter at a rate not to exceed that provided by existing statutes in cases wherein a sentence is made in felony 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 Section 1007 of the Penal Code of Georgia of 1910 be (and the same hereby is) amended by adding thereto the following words: P. C. Sec. 1007 amended.

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In the event that a mistrial results from any cause in the trial of a defendant charged with the commission of a felony, the presiding judge may, in his discretion, either with or without any application of the defendant or State's counsel, direct that a brief or transcript of the testimony had in the case be duly filed by the Court Reporter in the office of the Clerk of the Superior Court wherein such mistrial occurred. If said brief or transcript is ordered it shall be the duty of the judge to provide in said order requiring such brief or transcript for the compensation of said reporter, and that said transcript or transcripts shall be paid for on the order of said judge, as now provided by law for transcripts in cases wherein the law now requires the testimony to be transcribed, at a rate not to exceed that provided by existing statutes in cases wherein a sentence is made in felony cases, Provided, however, nothing herein contained shall be deemed or construed to in any wise impeach or avoid the operation of Section 5988 and 5989 of the Civil Code of Georgia of 1910, and all acts amendatory thereof, and Section 1131 of the Penal Code of Georgia of 1910. Discretionary Authority of Superior Court judges. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be (and they hereby are) repealed, and all laws in conflict with, or inconsistent with the provisions of this Act are hereby modified so as to confrom therewith. Approved August 25, 1925.

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TITLE V. SUPERIOR COURTS ACTS Burke Superior Court, terms and juries. Clinch Superior Court Terms. Cook Superior Court Terms. Houston Superior Court Terms. Irwin Superior Court Terms. Jasper Superior Court Terms. Lanier Superior Court Terms. Madison Superior Court Terms. Morgan Superior Court, terms and grand juries. Paulding Superior Court Terms. Tift Superior Court Terms. Turner Superior Court, terms and grand juries. White Superior Court, terms and grand juries. BURKE SUPERIOR COURT; TERMS AND JURIES. No. 21. An Act to change the time of holding the Superior Court of Burke 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 Burke County Superior Court shall be changed from the first Mondays in April and October to the second Mondays in May and November of each year. Times of holding courts. Sec. 2. Be it further enacted, that all writs and processes, orders, subpoenas, bail, bonds, and all other processes and proceedings of all kinds returnable to said court, prior to the passage of this Act, shall be and considered

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as returnable to the terms as herein fixed and prescribed, and that all grand and traverse jurors who may be drawn or summoned to attend the said courts as now provided by law shall be required to attend at the terms of said courts as changed by this Act. Writs, etc., when returnable. Juriors. 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, 1925. CLINCH SUPERIOR COURT TERMS. No. 45. An Act to change the time of holding the Superior Court of Clinch County 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 time of holding the Spring and Fall term of Clinch County Superior Court shall be changed from the first Monday in April and second Monday in October to the first Monday in March and first Monday in October of each year. Times of holding courts. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 23, 1925. COOK SUPERIOR COURT TERMS. An Act to amend the Act approved July 31st, 1923, providing for four terms of the Superior Court of Cook

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County, so that when that so amended both civil and criminal business shall be triable on any day during any week of said term. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, the Act approved July 31, 1923, (Acts 1923, page 66), be and it is hereby amended by striking all of section 4 of said Act, and by substituting in lieu thereof the following: Act of 1923 amended. Section 4. Be it further enacted by the authority aforesaid that both civil and criminal business of all kind and character shall be triable on any day at each and all terms, both first and second weeks of said Cook Superior Court, that shall under the law be ready for trial. Civil week and criminal week abolished. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of law in conflict of this Act be and the same are hereby repealed. Approved August 18, 1925. HOUSTON SUPERIOR COURT TERMS. No. 74. An Act to change the times of holding the Superior Court of Houston County, Georgia, so as to provide that said court shall be held on the third Monday in February, third Monday in May, third Monday in August and third Monday in November of each year instead of the second Monday in January, first Monday in April, second Monday in July and first 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

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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 Houston, State of Georgia, in the Macon Judicial Circuit. Four terms yearly. Sec. 2. Be it further enacted by the authority aforesaid, that the said terms of the Superior Court of Houston County, Georgia, shall be held on the third Monday in February, third Monday in May, third Monday in August, and the third Monday in November of each year. Times of holding Courts. Sec. 3. Be it further enacted by the authority aforesaid, that the provisions of this Act shall not become effective until the first Monday of January 1926. Effective first Monday of January, 1926. 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 hereby repealed. Approved July 27, 1925. IRWIN SUPERIOR COURT TERMS. No. 51. An Act to change the time of holding the Superior Court in the County of Irwin, 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 from and after the passage of this Act the time of holding the Superior Court of Irwin County shall be changed. The Spring term of said court to be held the second week in April of each year and the Fall term to be held the second week in November of each year, beginning respectively on the second Monday in April and November of each year, provided nothing herein contained shall be construed to prevent the calling

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of an adjournment term of said court as provided by law. Times of holding courts. Sec. 2. Be it further enacted by the authority aforesaid, that all writs, bills, processes, orders, summons, subpoenas, bonds, and proceedings of every kind and character now pending in are returnable to the August term of said Court shall hold good and relate to the term of court as changed and fixed by this Act and that all jurors and witnesses drawn or summoned to attend August term of said court shall be held and considered as drawn and summoned to attend November term thereof next after passage of this Act as herein fixed and prescribed and shall be required to attend said term of court as this fixed by this Act. Writs, etc., when returnable. Jurors and witnesses. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1925. JASPER SUPERIOR COURT TERMS. No. 16. An Act to amend an Act of the Legislature approved August 1st, 1918 as contained in the Acts of the Legislature of the State of Georgia in 1918 on pages 129 and 130 as to holding the terms of the Superior Court of Jasper County, Georgia, by striking out of Section 2 of said Act the words first wherever they occur in line two of said Section and insert the words second so as to provide by this amendment that the February and August terms of the Superior Court of the said County of Jasper shall begin on the second Monday in February and the second Monday in August in each year, instead of on the first Monday in February and the first Monday in August each year as provided by

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said Act of the Legislature of 1918 and for other purposes. Section 1. Be it enacted by the Legislature of the State of Georgia and it is hereby enacted by the authority aforesaid, that Section 2 of the Act of the Legislature, which was approved on August 1st, 1918 and is contained in the Acts of the Legislature of 1918 page 130 be amended by striking out the words first in the second line of Section 2 wherever said words occur in said line of said Section 2 and insert in lieu of said words first the words second so that Section when amended will read as follows, to-wit: Act of 1918 amended. Section 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 each year, and said court shall continue in session at each term thereof for the full period of two weeks, or so much of said periods as shall be necessary to complete the business of said court. Times of holding courts. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this amendment are hereby repealed. Approved July 18, 1925. LANIER SUPERIOR COURT TERMS. No. 162. An Act to change the time of holding the Superior Court of Lanier County, Georgia, so as to provide that the Spring term of said Court shall be held on the fourth Monday in February and the Fall term thereof on the second Monday in October, instead of the second Mondays in January and July, respectively each year; to provide for the disposition of business now pending in

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said court with respect to the change thereof; to prescribe attendance of jurors and witnesses with reference to the change of terms aforesaid, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Spring term of the Superior Court of Lanier County, Georgia, shall be held on the fourth Monday in February and the Fall term thereof shall be held on the second Monday in October of each and every year, instead of on the second Mondays January and July, respectively, as is now provided by statute. Times of holding courts. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings of every kind and character pending in or returnable to said Court shall hold good and relate to the terms thereof as changed and fixed by this Act, and that all jurors and witnesses drawn or summoned to attend the July term 1925 of said court, and the adjourned term thereof, shall be held and considered as drawn and summoned to attend the October term thereof, next after the passage of this Act, as herein fixed and prescribed, and shall be required to attend said term of court as thus fixed by this Act. Writs, etc., when returnable. Jurors and witnesses. Sec. 3. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of same, that all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings, of every kind and character, for which the July term 1925 of said court was or is the apperance term thereof, shall not be considered as ripe or ready for trial at the October term, as fixed in this Act, but said October term shall be, and is hereby made, the appearance or return term for same. Provided, that first verdicts may be taken at said October term in uncontested divorce cases which were made returnable to the

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July term 1925 of said court. October term of 1925 return term for July. 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, 1925. MADISON SUPERIOR COURT TERMS. No. 95. An Act to amend an Act of the General Assembly of Georgia, Acts 1924, page 70, to provide for the change in terms of the Madison Superior Court, abolishing two terms of said court, to-wit, the terms of June and December, and having two regular terms thereof, to-wit, the September and March terms respectively. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that Section 2 of an Act by the General Assembly of Georgia, Acts 1924, page 70, and approved August 2, 1924, be amended by striking from said section the words, second Monday in June, and second Monday in December, so that when said section is so amended it will read as follows: Act of 1924 amended. Sec. 2. Be it further enacted, that the term of said court shall be held on the first Monday in March, and [Illegible Text] first Monday in September in each year. Times of holding courts. Sec. 3. Be it further enacted by the authority aforesaid, that this law shall not become effective at all unless the bill to establish the City Court of Danielsville, Madison County, Ga., introduced at the 1925 session of the General Assembly of Georgia, shall become a law and the provisions thereof become effective as in said bill provided. Effective only if Danielsville City Court established

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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 July 29, 1925. MORGAN SUPERIOR COURT; TERMS AND GRAND JURIES. No. 22. An Act to provide for the holding of four terms each year of Morgan Superior Court, to prescribe and fix the time for holding the same, to provide when the 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, 1926, there shall be held in each year four terms of the Superior Court for the County of Morgan, State of Georgia, in the Ocmulgee Circuit. Four terms yearly Sec. 2. Be it further enacted by the authority aforesaid, that the terms of said court shall begin and be held on the first Mondays in March, June, September and December in each year. Times of holding courts Sec. 3. Be it further enacted by the authority aforesaid, that juries shall be drawn for the terms of said court convening in March and September of each year only; provided, however, the presiding judge may, in his discretion, draw and require the attendance of a grand jury at the June term of said court and at the December 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. Juries at March and September terms. Grand jury at June term. Sec. 4. Be it further enacted by the authority afore-

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said, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 21, 1925. PAULDING SUPERIOR COURT TERMS. No. 58. An Act to repeal an Act approved on the 18th day of August, 1913, provided that four terms per annum of the Superior Court of Paulding 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 same, that from and after the passage of this Act that an Act approved on the 18th day of August, 1913, provided for four terms of the Superior Court of Paulding County, Georgia be and the same is hereby repealed. Act of 1913 repealed. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1925. TIFT SUPERIOR COURT TERMS. No. 207. An Act to amend an Act creating the Tifton Judicial Circuit, approved August 19th, 1916, so as to provide for holding two terms a year of the Superior Court of Tift County, Georgia; to prescribe the time for holding said terms and the length thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by the authority of the same, that the Act creating the Tifton Judicial Circuit. approved August 19th, 1916, be and the same is hereby amended, so far as Tift County is concerned, so as to provide for the holding of only two terms of the Superior Court each year in and for the County of of Tift in the said Tifton Circuit. Act of 1916 amended. Two terms yearly Sec. 2. Be it further enacted, that the two terms of said court herein provided for shall be held on the first and second Mondays in December, and third and fourth Mondays in June in each year, and each term shall run for two weeks if necessary to clear the dockets of said Court. Times of holding courts. Sec. 3. Be it further enacted, that this Act shall become effective on and after the first day of January, 1926. Effective Jan. 1, 1926. Sec. 4. Be it enacted further, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1925. TURNER SUPERIOR COURT; TERMS AND GRAND JURIES. No. 44. An Act to provide for holding four terms of the Superior Court of Turner County, Georgia; to prescribe the time for holding the same; to prescribe when and how grand juries shall be required to attend said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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

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Superior Court for the County of Turner. Four terms yearly Sec. 2. Be it further enacted by the authority aforesaid, that the terms of said court shall begin on the third Monday in January, the third Monday in April, the third Monday in July, and the third Monday in October, of each year. Times of holding courts. Sec. 3. Be it further enacted by the authority aforesaid, that the judge of said court shall draw grand juries for the January term and the July term, of said court, and in his discretion, either in term time or in vacation, he may draw grand juries for the April term and the October term of the said court. Grand juries. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 23, 1925. WHITE SUPERIOR COURT; TERMS AND GRAND JURIES. No. 275. An Act to provide for the holding of three terms each year of the Superior Court of White County in the Northeastern Judicial Circuit; to provide for the appearance of a grand jury at certain of said terms; to fix the time for holding said terms and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act, there shall be held in each year, three terms of the Superior Court in the County of White, State of Georgia, in the Northeastern Judicial Circuit. Three terms yearly.

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Sec. 2. Be it further enacted by the authority aforesaid, that the terms of the Superior Court of White County, shall be held on the second Monday in April, and the second Monday in October, and the first Monday in February of each year. Times of holding courts. Sec. 3. Be it further enacted by the authority aforesaid, that a grand jury shall be drawn only for the April and October terms of said court; provided nevertheless, that the judge in his discretion may require the grand jury drawn at the October term for the April term, to appear and serve at the February term of said court, if in his discretion the business of the court shall require it, but the grand jury shall not be required to perform any other services at such February term of court, than the presiding judge shall charge them to attend to at such term, and provided further that the grand jury drawn for the April term shall be served within thirty days after same has been drawn, and notice that they shall be required to serve at the February term shall be given by publication in the official organ of White County one time before the week in which they are required to serve. Grand juries. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 18, 1925.

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TITLE VI. MISCELLANEOUS CIVIL AND PENAL LAWS ACTS CIVIL LAWS. Agricultural Advances, securing of authorized. Banking Acts Amended. Boards of Education, budgets required. Charters of Certain Cities, referendum required to repeal. Coastal Highway District Act Amended. Commerce and Labour Department, assistant commissioner's salary. Common Carriers, disposition of undelivered freight. Compensation of Reporter's Stenographer. Confederate Pensions, scrip issue for. Confederate Pensions, time of payment. Consolidated Schools, establishment and maintenance of. Continuance of Cases when Parties Absent for National Guard Duty. Co-operative Marketing, membership of associations. County Funds Authorized for Use in City Paving. County Officers in Certain Counties, fee system replaced by salaries. County Officers' Salaries, collection and payment of fees, etc. County Officers' Salaries, Act of 1924 amended. County Officers' Salaries, payment of. Court Reporters in Certain Counties, compensation. Credit Unions Regulated. Disposition of Public Utility Properties in Cities. Drainage Assessments, creation of liens. Election Precincts in Certain Counties. Embalmers, licensing of. Fence Elections in Certain Counties. Fire Departments in Certain Cities, two shifts. Firemen's Pensions in Certain Cities, Act of 1924 amended. Fiscal Year in Certain Counties, Act of 1922 amended. Forestry Laws Revised. Garnishments on Non-Residents.

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General Assembly Members and Superior Court Judges, primary nominations in certain counties. High Schools, inspection of. Highway Department, Act amended. Highway Department, State-aid roads. Insurance, Fire and Casualty, licensing of agents. Jury Commissioners in Certain Counties, compensation. Launderers, Cleaners, and Dyers, liens for unpaid charges, sale of goods regulated. Motor Busses, etc., leasing by street railway companies. National Guard; retirement of certain officers. No-Fence Act of 1921 Repealed. Non-Par Stock, issue of regulated. North Georgia Agricultural College, president of alumni association as trustee. Police Pensions in Certain Cities. Police Pensions in Certain Cities. Public Debt Bond Issue Authorized. Public Libraries in Certain Counties. Recovery of Taxes Assessed by United States Government, employment of counsel approved. River Navigation, maintenance of wharves, vessels, etc., by certain cities. School Code Amended, bonds of county superintendents. School Code Amended, purchase of buildings authorized. Security Deed Holder, notice before tax sale. State auditor, compensation and employees. State School Auditor's Assistant. Superior Court Clerks in Certain Counties, fees. Tax Exemption Elections in Counties. Tax Returns, examination of in certain counties. Treasurers in Certain Counties, expenses. Tugalo River Navigation Acts Repealed. University of Georgia, election of Alumni Trustees. Veterans of World War, guardians for. Water-Power and Steam Plants, acquisition of roads, dams, etc. Western and Atlantic Railroad Commission Created. Workmen's Compensation Act Amended. PENAL LAWS. Billiard Rooms, regulation of. Child Labor Regulated. Ethyl Alcohol, manufacture and sale regulated. Game and Fish, protection of, commissioner's salary. Jewelry Auctions Regulated.

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Motor Vehicles, licensing of regulated. Naval Stores Standards regulated. Political Mass Meetings Regulated. Railroad Crossings, safety regulations. Real Estate Licenses in Certain Counties. Restricted Residence Districts in Certain Counties. Sunday Dancing Prohibited. Tidewater Commercial Fishing Tags. AGRICULTURAL ADVANCES, SECURING OF AUTHORIZED. No. 381. An Act to authorize the securing of advances made for the purpose of planting, making, or gathering a crop or crops, by giving of a bill of sale of such crop or crops under Section 3306 of the Civil Code, which shall cover and include all crops planted and grown within twelve months from date of such bill of sale, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act where advances either of money or supplies or both are made for the purpose of planting, cultivating, making or harvesting a crop or crops the borrower or person to whom such money or supplies shall be furnished may secure the same by a bill of sale to secure debt under Section 3306 of the Civil Code of 1910 covering the crop or crops to be grown by him within twelve months from date of such bill of sale, although such crop or crops may not be planted or growing at the time of the execution of such bill of sale. Such bill of sale shall pass the title to the crop or crops covered thereby, and shall not be held or construed to be a mortgage: Provided, that the crop or crops together with the land upon which the same is or will be planted and grown shall be described

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in said bill of sale and the amount of said advances in money or supplies shall be definitely stated and fixed therein, Provided the bill of sale herein authorized shall not be construed to be superior to the lien of the land-lord for rent and supplies or laborers liens. Advances of money or supplies. C.C.Sec. 3306 applied. Bill of sale not a mortgage. 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 22, 1925. BANKING ACTS AMENDED. No. 410. An Act to amend an Act approved August 16th, 1919, entitled and Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia; to provide for the incorporation of Banks; and the amendment, renewal and surrender of charters; to provide penalties for the violation of laws with reference to banking and the banking business; and for other purposes, as amended by the Act approved August 14th, 1920, and by the Act approved August 21st, 1922, so as to provide for the jurisdiction of suits against the superintendent of banks; to provide that certain general sections of the Act shall be applicable to private and national banks; to limit the information required to be published in the Superintendent's annual report; to provide a scale of fees for examination of banks; to amend article 6 so as to provide for suit or assessment against stockholders, or for any deficit due on such assessment after a sale of the stock as therein provided; to provide for a time limit for the presentation of claims; and to prescribe the order of priority of payment of the debts of an insolvent bank; to provide what issues may be raised

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by a stockholder upon affidavit of illegality to executions issued against them by the Superintendent of Banks; to provide for the fixing of compensation of attorneys and others; to provide for the disposition and disbursement of unclaimed dividends on deposit and other claims; to confer a discretion upon the Superintendent of Banks to refuse to approve an application for charter in certain instances; and to provide the right of mandamus to parties aggrieved thereby; to limit disbursement of funds realized from stockholders' liability as against depositors holding preference, priority or security. Section 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 16th, 1919, entitled, an Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia; to provide for the incorporation of banks; and the amendment, renewal and surrender of charters; to provide penalties for the violation of laws with reference to banking and the banking business; and for other purposes, as amended by the Act approved August 14, 1920, and by the Act approved August 21, 1922, be amended in the following particulars, to-wit: Act of 1919 amended. 1. That Section 1 of Article 1 of said Act be amended by inserting in the ninth line thereof between the words but and shall the words, unless the context otherwise indicates, and by adding at the end of the sentence in the eleventh line of said section after the word corporation the following: Provided, however, that the following sections of Article 19 of said Act, to-wit, Section 35 defining due diligence on the part of a bank in collecting, Section 36 authorizing the forwarding of collection items direct to the payor, Section 39 providing for the payment of deposits in two names, Section 40

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authorizing the payment under certain circumstances the checks of a deceased, bankrupt or insane [Illegible Text] Section 41 authorizing deposit accounts by minors, Section 42 providing for the payment of deposits by agents, trustees or other fiduciaries, Section 43 providing for the payment of deposits in trust, Section 44 providing a limitation for claims on account of forged or [Illegible Text] checks, Section 48 providing for the payment of deposit of not more than $100.00 of deceased depositors shall apply to private banks, national banking associations and all other persons, corporations or associations be whatever authority organized doing a banking [Illegible Text] in this State, so that the section when so amended, shall read as follows: Art. 1, Sec. 1, amended. Section 1. Bank, definition of. The term bank as used in this Act means any moneyed corporation authorized by laws to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other commercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies and other corporations doing a banking business in this State, but unless the context otherwise indicates, shall not include private bankers, co-partnerships, or voluntary associations doing a banking business or national banking associations or building and loan associations, or similar associations or corporations, provided, however, that the following sections of Article 19 of said Act, to-wit, Section 35 defining due diligence on the part of a bank collections, Section 36 authorizing the forwarding of collection items direct to the payor, Section 39 providing for the payment of deposits in two names, Section 40 authorizing the payment under certain circumstances of the checks of a deceased, bankrupt or insane depositor, Section 41, authorizing deposit accounts by minors, Section 42 providing for the payment of deposits by agents, trustees or other fidciaries,

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Section 43 providing for the payment of deposits in trust, Section 44 providing a limitatin for claims on account of forged or raised checks, Section 48 providing for the payment of deposits of not more than $100.00 of deceased depositors shall apply to private banks, national banking associations and all other persons, corporations or associations, by whatever authority organized, doing a banking business in this State. The term bank shall include a branch bank unless the context indicates that it does not. To be read. Bank defined. Applications of certain sections. 3. That Section 8, Article 2 of said Act be amended by striking from the third and fourth lines of said Section the words, he shall reside at the capital, and inserting in lieu thereof the following language, he shall keep his office open daily, Sundays and holidays excepted and no court of the State other than superior courts of Fulton County shall have or take jurisdiction in any suit or proceeding brought or instituted against the superintendent except as is otherwise provided in this Act, so that when amended, said section shall read as follows: Art. 2, Sec. 8, amended. Section 8. Superintendent's Office. The Superintendent of Banks shall be provided with suitable apartments at the State capitol, furnished at the State's expense; he shall keep his office open daily, Sundays and holidays excepted. He shall be furnished from time to time necessary equipment, furniture, fuel, light and other proper conveniences for the transaction of the business of his office, the expense of which shall be paid by the State in the same manner as the expenses of other officers at the Capitol are paid. The reference in this Section to the Residence of the Superintendent, shall be construed to mean and relate to his official residence only. To be read. 4. That Section 17 of Article 2 of said Act be amended by adding at the end thereof the following words, provided that the Superintendent may in his discretion omit from the published volume subsections 4, 5 and 6 of

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Section 16 of this Article so that when amended said section shall read as follows: Art. 2, Sec. 17, amended. Section 17. Copies of Report Furnished to Banks. The annual report of the Superintendent of Banks shall be published in book form, and a copy thereof furnished to each bank by mail as soon as the same shall have been published and transmitted to the Governor, provided that the superintendent may in his discretion omit from the published volume subsections 4, 5 and 6 of Section 16 of this Article. To be read. Omission from publication of certain subsections. 5. That Section 5, Article 3 of said Act be amended by striking said Section and inserting in lieu thereof the following, so that when amended, said Section shall read as follows: Art. 3, Sec. 5, amended. Section 5. Fees for Examination. Each bank shall pay for each semi-annual examination to the Superintendent of Banks, to be deposited by him to the credit of the Department of Banking, as hereinbefore provided, in proportion to its total resources or assets, exclusive of branches, not exceeding the following amounts: To be read. Fee for semi-annual examination. Where the total resources are $150,000.00, or less, $20.00; Where the total resources are more than $150,000.00 and not exceeding $200,000.00, $30.00; Where the total resources are more than $200,000.00 and not exceeding $300,000.00, $40.00; Where the total resources are more than $300,000.00 and not exceeding $400,000.00, $50.00; Where the total resources are more than $400,000.00 and not exceeding $500,000.00, $60.00; Where the total resources are more than $500,000.00 and not exceeding $600,000.00, $75.00; Where the total resources are more than $600,000.00 and not exceeding $700,000.00, $85.00;

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Where the total resources are more than $700,000.00 and not exceeding $800,000.00, $100.00; Where the total resources are more than $800,000.00 and not exceeding $900,000.00, $110.00; Where the total resources are more than $900,000.00 and not exceeding $1,000,000.00, $120.00; Where the total resources are more than $1,000,000.00 and not exceeding $1,200,000.00, $140.00; Where the total resources are more than $1,200,000.00 and not exceeding $1,400,000.00, $150.00; Where the total resources are more than $1,400,000.00 and not exceeding $1,600,000.00, $170.00; Where the total resources are more than $1,600,000.00 and not exceeding $1,800,000.00, $190.00; Where the total resources are more than $1,800,000.00 and not exceeding $2,000,000.00, $210.00; Where the total resources are more than $2,000,000.00 and not exceeding $2,250,000.00, $250.00; Where the total resources are more than $2,250,000.00 and not exceeding $2,500,000.00, $275.00; Where the total resources are more than $2,500,000.00 and not exceeding $2,750,000.00, $300.00; Where the total resources are more than $2,750,000.00 and not exceeding $3,000,000.00, $325.00; Where the total resources are more than $3,000,000.00 and not exceeding $3,500,000.00, $340.00; Where the total resources are more than $3,500,000.00 and not exceeding $4,000,000.00, $360.00; Where the total resources are more than $4,000,000.00 and not exceeding $4,500,000.00, $380.00; Where the total resources are more than $4,500,000.00 and not exceeding $5,000,000.00, $400.00; Where the total resources are more than $5,000,000.00 and not exceeding $6,000,000.00, $425.00;

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Where the total resources are more than $6,000,000.00 and not exceeding $7,000,000.00, $450.00; Where the total resources are more than $7,000,000.00 and not exceeding $8,000,000.00, $475.00; Where the total resources are more than $8,000,000.00 and not exceeding $10,000,000.00, $500.00; Where the total resources are more than $10,000,000.00 and not exceeding $12,500,000.00, $525.00; Where the total resources are more than $12,500,000.00 and not exceeding $15,000,000.00, $550.00; Where the total resources are more than $15,000,000.00 and not exceeding $17,500,000.00, $575.00; Where the total resources are more than $17,500,000.00 and not exceeding $20,000,000.00, $600.00; Where the total resources are more than $20,000,000.00 and not exceeding $25,000,000.00, $625.00; Where the total resources are more than $25,000,000.00 and not exceeding $30,000,000.00, $650.00; Where the total resources are more than $30,000,000.00 and not exceeding $35,000,000.00, $700.00; Where the total resources are more than $35,000,000.00 and not exceeding $40,000,000.00, $750.00; Where the total resources are more than $40,000,000.00, $800.00. The word resources, as used in this Section, shall be deemed to mean the total resources or assets of the bank examined as of the date of such examination. Resources defined. In addition to the fees hereinabove fixed, each bank operating branch offices or banks shall pay for each bank so operated for each semi-annual examination at the above rates based on the total resources of such branch. Fees for branche For any examination herein provided to be made before permit to begin business is issued, or on any amendments to a charter, or on any consolidation or merger, or on any voluntary liquidation, and in all other cases of like

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character, other than regular semi-annual examinations, a fee of $25.00 per day for each examiner participating in such examination shall be paid for each examination. Fee for other examinations. 6. That Article 6 of said Act be amended by striking and repealing said Article, Sections 1, 2 and 3 thereof, and by substituting in lieu thereof the following: Art. 6 amended. ARTICLE VI. IMPAIRMENT OF CAPITAL. SECTION 1. ASSESSMENT OF STOCKHOLDERS. Whenever the Superintendent of Banks shall find that the capital stock of any bank has become impaired or reduced as much as ten per cent. of its par value from losses or any other causes, the Superintendent of Banks shall notify and require such bank to make good its capital stock so impaired or reduced within sixty (60) days, by an assessment upon the stockholders thereof, and it shall be the duty of the officers and directors of the bank receiving such notice to immediately call a special meeting of the stockholders for the purpose of making an assessment upon its stockholders sufficient to cover the impairment of the capital, payable in cash, at which meeting such assessment shall be made, provided that such bank may reduce its capital to the extent of the impairment if such reduction will not place its capital below the amount required by this Act. At any such special meeting of the stockholders a majority of the stock outstanding at the time shall be deemed a quorum, and such assessment may be made upon a majority vote of the quorum present. To be read Impairment of capital to be made good by assessments on stockholders. Meeting. Section 2. Assessment, How Enforced. If any stockholder should refuse or neglect to pay any assessment which may be levied by the special stockholders' meeting for the purpose of making good any impairment or reduction of capital within thirty (30) days after such assessment shall have been levied, the directors of such bank

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shall have the right to sell to the highest bidder, at public outery, for cash, a sufficient amount of the stock of such stockholder to cover the assessment after giving previous notice of such sale, once a week, for two (2) weeks, in the newspaper in which the sheriff's advertisements of the county in which the bank is located are published. In the event said stock is sold for less than the amount of the assessment upon same and necessary costs of sale, the bank shall have the right to sue such stockholder for the difference between the amount of the assessment and the proceeds of the sale. Out of the proceeds of the sale of said stock, the directors shall pay the necessary costs of sale and the amount of the assessment called for thereon, and the balance, if any, shall be paid to the person or persons whose stock has been sold, or to the holder of the certificate therefor upon the surrender of such certificate. A sale of the stock as herein provided shall effect an absolute cancellation of the outstanding certificate or certificates evidencing the stock so sold, and shall make the same null and void, and the rights of any and all stock holders thereof shall terminate and a new certificate or certificates, shall be issued to the purchaser or purchasers of such stock, free from all liens, or claims, whatsoever. The bank shall, in addition to the right herein given to sell said stock also have the right to sue the stockholder for the full amount of said assessment in the event that said stockholder shall fail to pay assessment so levied, in lieu of the sale of such stock and at the option of the bank. Sale of stock to pay assessment. Suit against stockholders. Section 3. Notice to Pledgee. When any stockholder shall have pledged or hypothecated any of his stock and shall not pay any assessment levied on the stock so pledged, for any reason, it shall be his duty to give the pledgee notice, by registered mail at least five (5) days before the expiration of the time within which such assessment may be paid, of the levy of such assessment and the amount thereof and of the fact that he does not expect

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or intend to pay the same, giving to the pledgee the privilege of paying the amount of the assessment should he desire to do so for his own protection. Notice to pledge of his stock. Section 4. When any stockholder shall have pledged or hypothecated his stock, and the title thereto by reason of insolvency or other legal process, has been acquired by the pledgee, the bank shall have the right to notify the pledgee to cause said stock to be transferred upon the books of the banks, and upon failure of said stockholder to present said stock to the bank for the purpose of having same transferred, thereon within six months after the receipt of such notice, then the bank [Illegible Text] the same to be sold in the same manner as Sheriff's sales are now held. A sale of said stock as herein provided shall effect an absolute cancellation of the outstanding certificate or certificates evidencing the stock so sold, and shall make the same null and void, and the rights of the holder or holders thereof shall terminate and a new certificate or certificates shall be issued to the purchaser of said stock free from all liens or claims whatsoever. The proceeds of said sale shall be first applied to the expenses of the bank in making said sale, and the remainder if any, shall be paid to the pledgee. Transfer of stock. Sale. Certificates. Proceeds. 7. That Section 18, Article 7 of said Act be amended by striking the words presented to in the first line, and inserting in lieu thereof the words, filed with, and by adding at the conclusion of said section the following, provided, however, that no claim shall be allowed or shall participate in the distribution of the assets of such bank, but same shall be completely barred unless the same be filed within twelve months after the expiration of the time fixed in the notice to creditors, as herein provided, so that, when amended, said section shall read as follows: Art. 7, Sec. 18, amended. Section 18. Claims Presented After Time Fixed. Claims filed with the superintendent after the expiration of the time fixed in the notice to creditors, as herein

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provided, shall be entitled, after they have been allowed by the superintendent, to share in the distribution of the assets of the bank, only to the extent of the assets undistributed and in the hands of the superintendent at the time such claims are filed, provided, however, that no claims shall be allowed, or shall participate in the distribution of the assets of such bank, but same shall be completely barred unless the same be filed within twelve months after the expiration of the time fixed in the notice to creditors, as herein provided. To be read. Delayed claims. 8. That Section 19 of Article 7 of said Act be amended by striking and repealing all of said section and substituting in lieu thereof the following: Art. 7, Sec. 19, repealed. Section 19. Order of Paying Debts. After payment of the expenses of liquidation including compensation of agents and attorneys, the order of paying off debts due by insolvent banks shall be as follows: New Sec. 19. Bank of claims. 1. Debts due the State of Georgia; 2. Debts due any county, district or municipality, including taxes; 3. Debts due by the bank as executor, administrator, guardian, trustee or other fiduciary of like character; 4. Judgments and debts secured by lien to the extent of the value of such lien, not void or voidable under the provisions of this Act or the law of Georgia; judgments and liens to have the force, rank and dignity prescribed by law; liabilities pro rata. 5. Debts due to depositors and other contractual 6. Unliquidated claims for damages and the like. 9. That Section 20, Article 7, of said Act be amended, by striking the following words after the word assessment in the twenty-sixth line of said section, but not the correctness of the estimate made by such superintendent, or the amount of such assessment, which estimate

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and the amount of such assessment shall be final and conclusive upon the stockholders, and inserting in lieu thereof the words, and the amount and necessity thereof. Where an affidavit of illegality is filed with the levying officer he shall return the same, together with the execution, to the superior court of the county of the residence of the stockholder to be there tried as illegalities filed to executions issued on judgments rendered by said court are tried. Said executions shall be a lien on all property of the defendant subject to levy and sale for the amount which shall be adjudged to be due thereon from the date of the issuance thereof by the superintendent, so that, when amended, said section will read as follows: Art. 7, Sec. 20, amended. Section 20. Assessment of Stockholders. Within ninety (90) days after the Superintendent of Banks has taken possession of the assets and business of any bank, as in this Act authorized, he shall make a careful estimate of the values of the cash assets of said bank which can probably be converted into cash within one year after so taking possession of the assets and business of said bank, and of the amount of such cash assets which will be available to pay depositors, and he shall immediately thereupon make an assessment upon the stockholders of said bank sufficient, when added to the cash assets so available for depositors, to pay the said depositors in full provided that such assessment shall not exceed the liability of stockholders upon their said stock. Notice of such assessment shall be given by mail to each of the stockholders of said bank, and if any stockholder so notified shall refuse or neglect to pay any such assessment within thirty days after the levy of such assessment and notice thereof, the superintendent of banks shall issue an execution against such stockholders for the amount of such assessment, which shall be enforced in like manner as executions issued by the superior courts of this State upon judgments regularly rendered by said courts; provided,

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however, that any stockholder shall have the right by affidavit of illegality, as in cases of affdavits of illegality to other executions to contest his liability for such assessment and the amount and necessity thereof. Where an affidavit of illegality is filed with the levying officer he shall return the same, together with the execution, to the superior court of the county of the residence of the stockholder to be there tried as illegalities filed to executions issued on judgments rendered by said courts are tried. Said executions shall be a lien on all property of the defendant subject to levy and sale for the amount which shall be adjudged to be due thereon from the date of the issuance thereof by the superintendent. If at any time prior to the final payment of all indebtedness of such bank it shall appear to the superintendent that the assessment made by him is insufficient in amount to pay such depositors in full, said superintendent may from time to time make other assessments not in excess of the liability of the stockholders upon their stock, which shall be enforced and collected in like manner. To be read. Assessment of stockholders. Execution. Affidavit of illegality. After all the indebtedness of such bank is paid in full, the remaining assets of such bank shall be applied first to reimbursing the stockholders who have paid such assessment or assessments, and thereafter pro rata to all the stockholders. Residue to stockholders. Provided that the lien provided for in this section shall not be good as against third persons without actual notice of the same, until the said execution has been entered on the General Execution Docket in the office of the clerk of the superior court in the county of the defendant's residence, and as to real estate of the defendant, in the county where the land lies. Liens against third persons. Provided, however, that the provisions of this section shall not apply to any bank or banks which has heretofore been closed and which is now in process of liquidation. Banks already closed exempted.

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10. That Section 23, Article 7 of said Act be amended by striking from said section the following sentence, except in cases of emergency, the compensation to be paid attorneys and expert accountants shall be fixed and approved before the services are rendered, so that when amended, said section will read as follows: Art. 7, Sec. 23, amended. Section 23. Compensation of Agents, Attorneys and Others, How Fixed. The compensation of the agents appointed by the superintendent and of attorneys, expert accountants, and other assistants, and all expenses of liquidation and distribution of a bank whose assets and business shall be taken possession of by the superintendent, shall be fixed by the superintendent, but subject to be approved by the judge of the superior court of the county in which the bank is located, on notice to such bank. When the compensation shall have been so fixed and approved and the service rendered, the same shall be paid out of the funds of such bank in the hands of the superintendent and shall be a proper charge and a lien on the assets of such bank. To be read. Attorneys and accountants, compensation not fixed before service rendered. 11. That Section 24, Article 7, of said Act be amended by striking and repealing said section and substituting in lieu thereof the following, so that when amended, said section shall read: Art. 7, Sec. 24 repealed. Section 24. Unclaimed Deposits and Dividends. Where deposits or other claims against the bank are not filed within twelve months after the expiration of the date fixed by the superintendent for the presentation of claims against the bank, no dividend shall be paid thereon but dividends accruing on said claims shall be distributed as other assets of the bank, and where dividends are not accepted and collected within six months after they are declared, they shall become a part of the general fund of the bank and be distributed as other assets. New Sec. 24. Claims, when filed. 12. That Article 8 of said Act be amended by adding a new section to said article, to be inserted immediately

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after Section 4, and to be known as Section 4-A, as follows: Art. 8 amended. Section 4-A. Examination by and Certificate of Superintendent. The Superintendent of Banks shall ascertain from the best source of information at his command whether the character and general fitness of the persons named as subscribers to the stock of such bank are such as to command the confidence of the community in which such bank is proposed to be located, and whether the public convenience and advantage will be promoted by its establishment. If so satisfied, he shall, within thirty (30) days after the application shall have been filed with him for examination, issue under his hand and official seal a certificate approving the granting of the charter for such bank, and shall transmit a copy of such certificate of approval to the secretary of state, who shall enter the same of record in his office. The said superintendent shall also keep of file a duplicate of said certificate in his own office. If the superintendent shall not be satisfied that the establishment of the bank, as proposed, is expedient and desirable, he shall within thirty (30) days after the filing of said application with him notify the secretary of state, in writing, that he refuses to approve the granting of a charter, and upon such notice any applicant aggrieved may avail himself of the right of mandamus, as provided in Section 1 of Article 16 of this Act, provided, however, that no charter shall be granted or issued by the secretary of state unless the approval herein provided for shall have been first obtained by the applicant. Sec. 4-A read. Superintendent examination and certificate. 13. That Section 1, Article 18, of said Act, be amended by adding after the last word in said section the words, provided further that the funds realized from the stockholders' liability, as herein provided for, shall not be disbursed or distributed to those depositors holding a preference or a priority given them by law or otherwise, nor to any depositor holding assets of said bank pledged

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as security for said deposit, except to the extent of the security for said deposit, except to the extent of the amount of the excess of said deposit over the value of such security, and this provision shall apply irrespective of whether the bank was or was not incorporated under this act so that, when amended, said section shall read as follows: Art. 18, Sec. 1 amended Section 1. Stockholders' Liability, Extent Of. A bank incorporated under this Act shall be responsible to its creditors to the extent of its capital and its assets; and each stockholder shall be individually liable for all the debts of said bank to the extent of the balance remaining unpaid on his or her shares of stock; and said stockholders shall be further and additionally individually liable, equally and ratably (and not one for another) to depositors of such bank for all moneys deposited therein, in an amount equal to the face value of their respective shares of stock; it being the true intent and purpose of this section, that as to depositors for all moneys deposited with said bank there shall be an individual liability upon each stockholder of such bank, over and beyond the par value of his or her original shares of stock equal in amount to the face value of said shares of stock; provided that said liability of the stockholders shall not prevent depositors from having equal right with all other creditors upon capital, property and assets of said bank, provided further that the funds realized from the stockholders' liability, as herein provided for, shall not be distributed to those depositors holding a preference or a priority given them by law or otherwise nor to any depositor holding assets of said bank pledged as security for said deposit except to the extent of the amount of the excess of said deposit over the value of such security, and this provision shall apply, irrespective of whether the bank was or was not incorporated under this Act. To be read. Distribution of funds from stockholders' liability. 14. Be it further enacted that all laws and parts of

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laws in conflict with this Act be and the same are hereby repealed. Approved August 26, 1925. BOARDS OF EDUCATION; BUDGETS REQUIRED. No. 395. An Act to require County Boards of Education and Boards of Education of all independent systems receiving funds directly from the State Department of Education to make each year a budget of estimated receipts and expenditures; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act each county and independent public school system receiving funds from the State shall annually, through its executive officer make out and submit to the State Department of Education an estimated budget of its receipts from all sources and its proposed expenditures for the next year, according to blank forms to be prescribed and furnished by the State Department of Education, and upon such dates as may be required by the State Department of Education, and that the filing of such estimated budgets shall be made before the State Superintendent of Schools may transmit to such public school systems any of the State School funds for the year for which such budget is made. Annual budgets to be filed with State Department of Education. Sec. 2. Be it further enacted that the budgets provided for in this Act shall be so made out as to properly systematize and classify the estimated receipts and proposed expenditures for the year, showing whether estimated receipts will be from the State, from the County, the District, the City, Donations, Bonds, or from other sources; and the estimated expenditures shall definitely set up amounts to be expended for administrative expenses,

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instruction, operating expenses, maintenance, buildings, equipment, debts, or such other classifications as the State Department of Education may prescribe. Classification of receipts and expenditures. Sec. 3. Be it further enacted that when the completed budget is made out as required by the State Department of Education, it shall be in duplicate and sworn to by the Chairman of the Board and executive officer. When duly approved by the board a copy shall be put on file in its office, and another copy sent to the State School Superintendent who shall then be authorized to send such funds as may be in his hands to the credit of the county, or independent system, and such County, or independent system shall in their expenditures of all public school funds from whatever sources conform to said budget. No budget of expenses shall exceed its estimated income. Duplicate copies; approval. Duties of State Superintendent. Sec. 4. Be it enacted that all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August, 25, 1925. CHARTERS OF CERTAIN CITIES, REFERENDUM REQUIRED TO REPEAL. No. 383. An Act to require a referendum to repeal municipal charters of cities of less than two hundred thousand inhabitants, and to put into effect amendments to municipal charters of cities of less than two hundred thousand inhabitants, which change the existing form of municipal government of such municipalities and the naming of other municipal offices other than those holding under existing charters, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same that from and after the passage of this Act, no local law seeking a repeal of a municipal charter of cities of less than two hundred thousand inhabitants, or an amendment to any municipal charter of cities of less than two hundred thousand inhabitants which amendment materially changes the form of government of a municipality or seeks to substitute other officers for municipal control other than those in control under existing charter, shall become effective until such repeal or amendment shall be voted upon by the qualified voters of the municipality to be effected as hereinafter provided. Cities of less than 200,000 population. Referendum, when necessary. Section 2. Be it further enacted that whenever a local law seeking a repeal of an existing municipal charter or an amendment as referred to in Section 1 shall have been passed by the General Assembly, it shall be the duty of the city authorities in charge of such municipality in which the change is sought to call an election in said municipality to be held within thirty days from the date of said call and publish a notice thereof in the official organ of the county of said municipality. Said election to be held under the same rules and regulations covering the election of officers of such municipality that which election shall be submitted to the qualified voters of the municipality to be effected, the question of whether the existing charter shall be repealed or not, or if the amendment matrially changing the existing form of government of such municipality or of substituting other offices whether such an amendment shall go into effect or not. Those voting in favor of a repeal of the charter shall have printed or written on their ballots for repeal of present municipal charter, and those opposing the repeal of said existing charter shall have written or printed on their ballots the words against repeal of present municipal charter; in case the election is called as set out in Section 1 those voting in favor of the amendment to the charter shall have written or printed on their

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ballots the words for amendments to present charter, and those opposing said amendment shall have written or printed on their ballots the words against the amendments to the present charter. The results of said [Illegible Text] shall be declared by the rules and regulations covering elections in the municipalities voting on the same. If a majority of the votes cast in any such election are in favor of a repeal of the existing charter, then in that event the local law repealing the charter shall become effective and the charter of such municipality shall be repealed. If a majority of the votes cast at such election are in favor of the amendment to a present municipal charter, then in that event the Act amending such municipal charter shall become effective. If a majority of the votes cast in said election are not in favor of such repeal or amendment, then in that event the municipal charter then existing shall stand. Provided, however, that the provisions of this Section shall not be effective and the officers of such municipalities shall not be required to call such election unless a petition signed by more than one-fifth of the qualified voters of such municipality shall be filed with the officer of such municipality within sixty days from the passage of said bill requesting that such election be called. Election. Notice Ballots. Petition Sec. 3. Be it further enacted by the authority aforesaid that this Act shall in no event have reference to amendments to existing municipal charters except such seeking a material change in the municipal form of government or the substitution of other municipal officers other than those holding under existing jobs. Nor shall the same apply to any law where a repeal or an amendment has already gone into effect, but shall apply to such as have not gone into effect at the time of the passage of this Act. Amendments changing officers or form of Government subject to this Act. Sec. 4. Be it further provided that no provision of this Act shall be construed as preventing the municipal officers of any municipality from abolishing any office

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existing at the time of the passage of this Act and which may have been created by such municipal officers, nor from preventing the creation of new officers to perform the duties of such abolished office. Abolishment of offices created by municipality. 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 22, 1925. COASTAL HIGHWAY DISTRICT ACT AMENDED. No. 335. An Act to amend 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, Glenn 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. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act of the General Assembly of Georgia, approved August 18th, 1924, relative to the Coastal Highway District of Georgia, and having the caption stated in the caption hereof shall be amended in the following particulars: Act of 1924 amended. 1st. By adding at the end of the second paragraph the following: From and after the first day of January, 1926, the Treasurer of the Board of Commissioners

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of the Coastal Highway District shall give bond in the sum of $20,000.00 for the faithful discharge of his duties, and no bond shall be required of the other members of the commission. Bond of Treasurer of Commissioners. 2nd. By adding the following to the 10th paragraph of this Act: Any earnings of interest received by the Commission upon its deposits shall go into the general fund of the Commission and may be used in paying the expenses of the Commission as well as in paying its portion of the other costs of constructing the highway. Earnings of Commission, how used. 3rd. By adding the following to the 12th paragraph of said Act: The said Coastal Highway District shall have power to acquire by dedication, gift, deed, contract or condemnation any land or property, for rights of way or other uses that may be necessary in the construction of the highway herein proposed to be constructed, and the said Commissioners of said district or majority of the same, at the direction of the State Highway Department, may widen and extend, and make any alterations or change in the roadway as may be necessary to properly approach bridge sites and railway crossings, to eliminate railroad grade crossings, to shorten the distance of the highway, to avoid dangerous and sharp curves, and such other alterations as in their opinion, may be to the best interest of the public. Provided the roadway shall extend through Savannah, Midway, Darien, Brunswick, Waverly, White Oak, Woodbine, and Kingsland. Upon the filing of a map showing the changes above provided, with the Secretary of the Board of Commissioners, and a description of the road as altered, with the written concurrence of a majority of said Board of Commissioners of the Coastal Highway District, the said altered road shall be deemed to have been established, and shall become a public road of the State of Georgia, and a part of the Coastal Highway route as contemplated by this Act. Should it become necessary in making any alterations in said road to condemn any part of the right of

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way, the condemnation proceedings shall be as provided in Section 5206 et. seq. of the Code of Georgia. Should any counties fail to furnish a right of way as provided in Section 6 of the State Highway Act of 1919, and it becomes necessary for the Coastal Highway District to purchase the right of way or condemn the same, upon making such purchase or completion of such condemnation proceedings, the Treasurer of the Coastal Highway District shall bill the proper county officials for the amount expended by the Coastal Highway District in the condemnation proceedings or purchase of the right of way and such bill shall be paid by the county liable, from the first funds available. Acquisition of property by Board. Alterations of road. Points on highway. Condemnations. Sec. 2. Be it further enacted by authority aforesaid, that there shall be an Executive Committee of the said Board of Commissioners to be composed of the chairman, the secretary-treasurer and three other members to be named by the chairman which shall have such powers, duties and authority as may be fixed by the commission. Executive Committee of Board. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925. COMMERCE AND LABOR DEPARTMENT; ASSISTANT COMMISSIONER'S SALARY. No. 431. An Act to amend the Act of the General Assembly creating the Department of Commerce and Labor, approved August 21, 1911, and Acts amendatory thereof, approved August 18, 1913, and the Act approved July 23, 1919, so as to fix the compensation of the Assistant Commissioner of Commerce and Labor at $2,400 per annum.

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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 7 of the above described Act be amended by striking out the words Eighteen Hundred in the third line of said Section and substituting therefor the words Twenty-four Hundred, so that said Section when amended shall read as follows: Section 7. The Commissioner shall receive a salary of thirty-six hundred dollars per annum; the Assistant Commissioner twenty-four hundred dollars per annum; and the Chief Clerk and Stenographer fifteen hundred dollars per annum; and eighteen hundred dollars per annum shall be allowed for the incidental expenses of said department, including the actual travelling expenses of said Commissioner, Assistant Commissioner and Chief Clerk, while travelling for the purpose of collecting information and statistics as provided in this Act. Act of 1919 amended. Sec. 7 read. Salary $2,400 per annum. 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 27, 1925. COMMON CARRIERS; DISPOSITION OF UNDELIVERED FREIGHT. No. 403. An Act to regulate the manner in which common carriers in this State may sell articles of freight which have been transported and are undelivered for any reason, to provide for the disposition thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same.

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Section 1. Where non-perishable property which has been transported to destination by any common carrier is refused by the consignee or where the party entitled to receive it fails to receive it within fifteen days after the notice of arrival shall have been sent or given to the consignee or to the party entitled to receive it, the carrier may sell the same at public auction to the highest bidder at such place as may be designated by the carrier: provided that the carrier shall have first mailed, sent or given to the consignee notice that the property has been refused or remains unclaimed as the case may be, and that it will be subject to sale if disposition be not arranged for, and shall have published notice containing a general description of the property, the name of the party to whom consigned, or, if shipped order notify, the name of the party to be notified, and the time and place of sale, once a week for two successive weeks in a newspaper of general circulation at the place of sale or nearest place thereto. Provided further that thirty days shall have elapsed before publication of notice of sale after said notice that the property was refused or remains unclaimed was mailed, sent or given as hereinbefore provided. Sale of nonperishable goods fifteen days after notice of arrival. Thirty days after notice of sale. Sec. 2. Where perishable property has been transported by any such carrier to destination and is refused by consignee or by the party entitled to receive it or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier may in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale: provided that if time serves for notification to the consignor or owner of the refusal of the property or of the failure to receive it and for a request for disposition of property, such notification shall be given in such manner as the exercise of due diligence requires before the property is sold. Live freight is hereby declared to be perishable property. Perishable goods. Notice. Live freight perishable.

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Sec. 3. The proceeds of any sale under this section shall be applied by the carrier to the payment of freight, demurrage, storage and other lawful charges, and the expense of notice, advertising, sale, and other necessary expense, and the caring for and maintaining the property if proper care of the same requires special expense, and should there be a balance, it shall be held by the carrier in special trust to be paid to the owner of the property or his order on demand. Proceeds of sale. Sec. 4. Sections 2757, 2758 and 2759 of the Code of Georgia relating to the same subject are superseded and repealed hereby. Code Sections 2757, 2758 and 2759 repealed. Sec. 5. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 26, 1925. COMPENSATION OF REPORTER'S STEONGRAPHER. No. 408. An Act to amend the Act approved August 11, 1921, relating to collection and disposition of costs in the Supreme Court and the Court of Appeals, and payment of certain compensations therefrom (published in the Georgia Laws of 1921, pages 239-240), by providing that the Stenographer of the Reporter of the Supreme Court and the Court of Appeals shall be compensated out of any excess of costs after the payments provided for in said Act of 1921. Section 1. Be it enacted by the General Assembly of the State of Georgia, that Section 2 of the Act of 1921, cited and referred to in the title hereof, be and the same is hereby amended by adding, at the end of that section, the words as follows to-wit: And after the payment of

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the sums aforesaid, the Clerk of the Court of Appeals is hereby authorized and directed to pay, from the excess or surplus remaining, the sum of twelve hundred dollars per year (or one hundred dollars per calendar month) to the Stenographer employed by the State Reporter of Decisions of the Supreme Court and of the Court of Appeals, as compensation or salary, so that said sections when so amended shall read as follows: Act of 1921 amended. Out of the costs so collected the clerk of each of said courts is hereby authorized to pay to his Deputy Clerk, as compensation for his services, the sum of two thousand dollars per annum, and to his stenographer the sum of twelve hundred dollars per annum. And after the payment of the sums aforesaid, the Clerk of the Court of Appeals is hereby authorized and directed to pay, from the excess or surplus remaining, the sum of twelve hundred dollars per year (or one hundred dollars per calendar month) to the stenographer employed by the State Reporter of Decisions of the Supreme Court and of the Court of Appeals, as compensation or salary. Sec. 2 read. $1,200 per annum from surplus 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 26, 1925. CONFEDERATE PENSIONS, SCRIP ISSUE FOR. No. 426. An Act to provide for the relief of those Confederate Veterans and widows of Confederate Veterans married prior to 1881, whose names were on the pension rolls during the years 1922, 1923, and 1924, but whose pensions have not been paid in full, by authorizing the Governor to issue scrip; to provide a lawful rate of

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discount at which said scrip may be negotiated, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Governor is hereby directed to discharge the obligations now due to the Confederate Veterans and widows of Confederate Veterans married prior to 1881, whose names were on the pension rolls during the years 1922, 1923, and 1924, and whose pensions have not been paid, by the issuance to such yeterans the scrip of the State of Georgia, for the full amounts due to such pensioners, payable two years from the date thereof. Scrip issue to certain pensioners. Sec. 2. Be it further enacted by the authority aforesaid, that it shall be unlawful for any banker, money lender, or other person, to demand, in cashing said scrip a discount of more than seven per cent. per annum, and any person convicted of violating the provisions of this Act shall be punished as for a misdemeanor. Rate of discount fixed. Sec. 3. Be it further enacted by the authority aforesaid, that all law, or parts of law, in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 26, 1925. CONFEDERATE PENSIONS, TIME OF PAYMENT No. 422. An Act to provide for the time of payment of pensions by the State of Georgia to the Confederate Soldiers and their widows and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same that on and after the first day of January 1926 all pensions due Confederate Soldiers and their widows, as now provided by law or that may hereafter be provided by law, shall be paid quarterly each year, and that one fourth of such pensions shall be paid in each quarter. Quarterly payments effective Jan. 1, 1926. 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 26, 1925. CONSOLIDATED SCHOOLS, ESTABLISHMENT AND MAINTENANCE OF. No. 415. An Act to aid in the establishment and maintenance of consolidated public schools; to fix the standards for same, and for other purposes. The following is enacted by the General Assembly of Georgia. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that beginning with the year 1925, the State Superintendent of Schools shall set aside $253,000.00, or so much thereof as may be necessary, and for 1926 and the years to follow the State Superintendent shall set aside $300,000.00 or so much thereof as may be necessary, from funds derived from the poll tax collected and paid into the treasury, to aid in the establishment and maintenance of consolidated schools in this State. When the County Board of Education shall combine smaller schools into a standard or approved consolidated school with at least four teachers, and evidence of this fact is furnished by the County Superintendent and Board of Education to the State Superintendent of Schools, and when it is made to appear to the State Superintendent of Schools that aid

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is needed to support such consolidated school, the State Superintendent of Schools shall be authorized to transmit $500.00 annually to the support of such school. $253,000 for 1926, $300,000 for 1927 to be set aside. $500 per annum to each consolidated School. If, in addition, the local school authorities provide for an approved or standard four year high school, and evidence of this fact is made to appear to the State Superintendent of Schools that aid is needed to support said four year high school, the State Superintendent of Schools shall be authorized to transmit $1,000.00 annually to the support of said school, such funds in both cases shall be used by local authorities in the payment of salaries of principal and teachers. $1,000 annually to each high school. When two or more schools in any County qualify under this Act, either for the $500.00 aid or for the $1,000.00 aid, the State Superintendent of Schools shall determine to which one of such schools said sums shall be paid, the State Superintendent of Schools shall be governed in his decision by the extent to which the consolidated district has utilized its local ability in building, equipping and supporting its school, and by the number of children to be reached by the such consolidation, the number of teachers, and the character of work being done by the school. No county now receiving, or that may hereafter receive aid for both the consolidated ($500.00) and the high school ($1,000.00) aid shall be eligible to further apply for such aid until every other county in the State has had an opportunity to apply. If those counties not receiving both aids fail to qualify then the State Superintendent of Schools is authorized to extend further aid to those counties receiving either or both aids as provided in this bill and on same conditions as set forth above. One payment to each county until all counties have applied. Sec. 2. It is the intention of this Act to supersede and repeal, An Act to aid in the establishment and maintenance of one or more consolidated public schools in each county of the State; to fix the standards for same, and for other purposes, Georgia Laws 1919 page 287, to supersede and repeal, An Act to amend Section 1 of an

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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 same, and for other purposes,' Georgia Laws 1922, page 151; also, to supersede and repeal, 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 Acts 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. Acts of 1919, 1922 repealed. Sec. 3. All laws in conflict with this Act are hereby repealed. Approved August 26, 1925. CONTINUANCE OF CASES WHEN PARTIES ABSENT FOR NATIONAL GUARD DUTY. No. 391. An Act to make it the duty of the Judge to continue any case in any court of this State when any party thereto, or his leading attorney shall, when such case is reached, be absent from said court by reason of his attendance as a member of the National Guard of the State of Georgia upon any duty prescribed by the Governor or the Adjutant General. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, it shall be the duty of any judge of the courts of this State to continue, on or without motion, any case in

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such court when any party thereto or his leading attorney shall, when such case is reached, be absent from said court by reason of his attendance as a member of the National Guard of the State of Georgia upon any duty prescribed by the Governor or the Adjutant General of this State, unless such party, in the absence of his leading attorney or such leading attorney, in the absence of such party shall, on the call of the case, announce ready for trial. Provided that if such counsel shall be so absent it shall be necessary for his client to make oath that he can not safely go to trial without such absent attorney; and if such party plaintiff or defendant be so absent his counsel shall state in his place he can not safely go to trial without such client. Continuance on or without motion. Oaths. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act be, and they are hereby repealed. Approved August 25, 1925. CO-OPERATIVE MARKETING; MEMBERSHIP OF ASSOCIATIONS. No. 352. An Act to amend the co-operative marketing Act of the State of Georgia, approved August 15, 1921, by providing what persons or corporations may be members of the Associations referred to in said Act, and how corporations or associations heretofore organized may bring themselves under the operation of said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Co-operative Marketing Act of the State of Georgia, approved August 15, 1921, be,

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and the same is hereby, amended by striking from said Act the first paragraph of section five thereof, and substituting in lieu of said paragraph the following: Act of 1921 amended. Section 5. Be it further enacted, that under the terms and conditions prescribed in its By-Laws, an association may admit as members (or issue common stock to) only persons or associations or corporations composed solely of persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent all or part of the crop raised on the leased premises; and any such persons or associations of persons or corporations may be citizens of or organized under the laws of this State or any other state of the United States, and shall handle such agricultural products for members only. New Sec. 5. Members to handle products only through Association. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said Act be further amended by striking from the same section twenty-two thereof, and substituting in lieu thereof the following: Section 22. Be it further enacted that any corporation or association organized under any statute of this or any other State may by majority vote of its stockholders or members, be brought under the provisions of this Act by limiting its membership to the classes mentioned in this Act and adopting the other restrictions provided herein; and securing a charter, if it has not done so already, from the judge, or the Superior Court, of the circuit in which such association has or is to have its principal office and place of business, which charter shall be recorded, as are charters of other corporations created by Superior Courts, or the judges thereof; and such corporations shall thereby become entitled to all the privileges

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and immunities, and subject to all the restrictions contained in this Act. New Sec. 22. Charters of newly admitted members. Sec. 27 stricken. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said Act be amended by striking therefrom Section 27 of said Act. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws or parts of laws in conflict herewith be, and they hereby are repealed. Approved August 22, 1925. COUNTY FUNDS AUTHORIZED FOR USE IN CITY PAVING. No. 379. An Act to authorize counties of Georgia to co-operate with municipalities in the paving and improvement of streets in such municipalities, to authorize the use of county funds for the paving and improvement of streets of municipalities, to authorize the paving and improvement of streets by counties and municipalities jointly by contract or otherwise, to authorize municipalities in such cases to assess part of the cost of paving or improvement against adjoining property, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act it shall be lawful for any county of this State to co-operate as provided in this Act with any municipality within such county in the construction, repair and improvement of any roads, streets and street pavement on any streets or roads within such municipality which form part of a county or state system of highways. Co-operation lawful.

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Sec. 2. The county authorities of any county charged with the conduct of county affairs shall be authorized to use any county funds available for the construction and maintenance of highways in such county for the payment of the costs, in whole or in part, of the construction, repair and improvement of any roads, streets and street pavement in any municipality in such county which forms a part of a county or state system of highways. City street improvement through county funds. Sec. 3.The county authorities of any county shall be authorized to enter into a contract with any municipality of such county for the construction and improvement of streets, street pavements or roads within such municipality which form a part of a county or state system of highways, at the joint expense of such county and municipality, with such division of the expense, and on such terms and conditions as may be agreed on between the county and municipality, the work, in such case, to be done either by the county or municipal forces, or by a contractor employed either by the county or municipality, or jointly by the county and municipality, as may be agreed on by the county and municipality. If the work is done by the county or municipal forces, or by a contractor employed by either the county or the municipality, the part of the cost to be paid by the other party to the agreement may be paid over in money to the party to the agreement doing the work or employing the contractor. In any case where the streets or roads of a municipality are improved or paved under the provisions of this act, the municipality shall have and may exercise any power provided in its charter or ordinances or in the general laws of the state for the assessment of any part of the cost of the pavement or improvement against abutting and adjoining property and the owners thereof, and such assessment shall be equally as valid and binding as if the entire work were undertaken by the municipality alone. Where by charter provisions, ordinances or the general law of the State, the municipality is not authorized to assess the entire

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cost of paving or improvement against adjoining and abutting lands and the owners thereof, and it is provided that a portion of the expense shall be borne by the municipality, the proportion of the expense agreed to be paid by the county acting with the municipality under the terms of this act may be credited by the municipality to its part of the expense under the terms of its charter, ordinances or the general law, and assessments against abutting and adjoining property and the owners thereof for the remainder of the whole costs of such pavement or other improvement shall be legal and binding provided that no greater proportion of the entire cost than is provided by charter, ordinances or the general law of the state is assessed against such abutting or adjoining property and the owners thereof. Contracts. Assessments by municipality Sec. 4. All laws and parts of laws in conflict with this act are hereby repealed. Approved August 22, 1925. COUNTY OFFICERS IN CERTAIN COUNTIES; FEE SYSTEM REPLACED BY SALARIES. No. 242. 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 exofficio 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 providing for deputies, clerks, and assistants to such officers; and for the fixing of the salaries and compensation of such officers, and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by authority of the same; 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 not less than sixty thousand inhabitants, nor more than seventy thousand inhabitants, and to all counties in the State having by any future census of the United States a population of not less than sixty thousand inhabitants nor more than seventy thousand inhabitants. Counties to which this Act applies. Sec. 2. That from and after January 1, 1926, in all such counties as are described in Section 1 of this Act, the salaries of the Clerk of the Superior Court (whether he be clerk ex-officio of another court or not), of the Sheriff, of the Tax Collector, of the Ordinary, and of the Tax Receiver, for their respective terms or unexpired terms of office, shall be agreed upon and fixed by the County Commissioners of such counties, and it shall be the duty of said Commissioners in such counties as now come within the operation of this Act to fix the salaries of the incumbents for their unexpired terms of office not later than September 1, 1925; and after January 1, 1926, in counties that may be or become one of the counties described in Section 1 of this Act, on or before December 1st, next immediately preceding the beginning of the terms for which said officers, to wit: the Clerk of the Superior Court as aforesaid, the Sheriff, the Tax Collector, the Ordinary, and the Tax Receiver, shall have been elected, it shall be the duty of the members of the Board of County Commissioners to agree upon and fix the salaries of said officers for the next ensuing term or that to which they were elected. Commissioners [Illegible Text] fix salaries. Sec. 3. That in the discretion of the Sheriff in all such counties as are described in Section 1 of this Act, he shall have the right to appoint the number of clerks, deputies, and assistants as may be designated by the Commissioners of Roads and Revenues of the County, and the

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salaries of such clerks, deputies and assistants shall be fixed by the County Commissioners on or before the 1st day of January, 1926, for and during the unexpired term of such Sheriff in reference to both the number and salaries of such clerks, deputies, and assistants; and in the future, in counties that may be or become one of such counties as are described in Section 1 of this Act, on or before December 1st immediately preceding the beginning of the term for which the Sheriff of such county may have been elected, the members of the Board of County Commissioners shall agree upon and fix the number of deputies, clerks, and assistants of such Sheriff for the next ensuing term of such Sheriff and their compensation. Clerks, deputies, and assistants. Sec. 4. The Sheriff in all such counties as are described in Section 1 of this Act shall be furnished for the exclusive use of his office such automobiles as may be necessary for carrying on the work of his said office, the number of said automobiles so furnished to be in the discretion of the Board of County Commissioners. The upkeep and repairs of said automobiles shall be paid for out of County Funds, and the county shall furnish all necessary gas, oils, and accessories for said automobiles. Said automobiles are to be used in carrying on the work of the Sheriff's office. Sheriff's automobiles. Sec. 5. At least ninety days before the first day of January (beginning with January 1926) the officers to whom this Act applies with the exception of the Sheriff, shall furnish to the County Commissioners, a statement of 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 of said offices, and thereupon the said County Commissioners shall fix for the year succeeding, the salaries of said assistants or deputies, and shall set apart for expenses such funds as they may decide

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to be proper for each officer. It is hereby expressly provided that the number of assistants for each officer and the amount of expenses for each office as aforesaid, shall be fixed and determined by the authority above prescribed, but it shall be within the authority and power of each one of 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. Officers' statements. Sec. 6. That after said salaries and expenses are so fixed and determined, as above provided, it shall be proper and lawful for the Treasurer of the County or other custodian or depository of County Funds, to pay out of the County Funds the monthly portion of such salaries and expenses to each officer herein named, together with the salaries fixed for the assistants and deputies and expenses of the office, and it shall be the duty of the Sheriff, Clerk, Ordinary, Tax Collector, and Tax Receiver to disburse the salaries of assistants and deputies and expenses of the office. Payments by treasurer. Sec. 7. That all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law after January 1, 1926, to be received or collected for services rendered after Jan. 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 source from which collected. The fees received from the State by the Tax Collector and the Tax Receiver shall be collected and received by such officers for and on behalf of such counties as are described in

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Section 1 of this Act, and immediately upon collection of the same by said officers, the said funds so collected shall be turned over to the County Treasurer, or other depository of County Funds. Fees, etc., returnable to county 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, 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 treasury of such counties as are described in Section 1 of this Act. Salary sole compensation. Sec. 9. In the distribution among the 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 such counties as are described in Section 1 of this Act, 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 said county to any of the officers herein named, after January 1, 1926, when orders on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between 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. 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 the County Treasury, of such counties as are

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described in Section 1 of this Act by the officer by whom collected, as herein provided. All fees, costs, 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. Officers entitled to fees, etc. Sec. 10. In case of emergencies arising in any of said offices, the same being made known to the County Commissioners, the said County Commissioners may authorize the officer who has the appointment of other deputies or clerks to appoint the necessary help to care for the emergency, and such deputies or clerks shall be paid out of the County Treasury, such sums as may be fixed by said County Commissioners. Emergency deputies. Sec. 11. 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 Section 5 hereof, the same shall take effect on October 1st, 1925. Effective Jan. 1, 1926. Salaries fixed Oct. 1, 1925. Sec. 12. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Provided, nevertheless, that this Act shall not become or be effective unless and until House Bill Number 735 of the 1925 session of the General Assembly of Georgia shall be duly passed by the General Assembly and approved by the Governor and when so passed and read in connection with the Act it seeks to amend the same will constitute a valid act as amended, said House Bill Number 735 being, in substance, an Act to amend an Act approved August 13, 1924. Effective only if House Bill No. 735 approved. Approved August 17, 1925. COUNTY OFFICERS' SALARIES; COLLECTION AND PAYMENT OF FEES, ETC. No. 425. An Act to amend an Act approved August 13, 1924 (Georgia

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Laws 1924, page 87), changing the officers therein named from the fee to the salary system in counties of over 200,000 population, so as to provide that said officers shall perform all services now or hereafter required of them by law for the salaries paid them out of the county treasury, and to require said officers to collect and pay into the county treasury all fees and compensation now or hereafter allowed them by law. Section 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 13, 1924 (Georgia Laws 1924, page 87), changing the officers therein named from the fee to the salary system in counties of over 200,000 population, be and the same is hereby amended by striking sections six and seven of said Act, and substituting in lieu of said sections a new section to read as follows: 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 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 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. Provided however, commissions now or hereafter allowed by law for the collection of corporation, occupation and other special taxes shall be collected by the officers aforesaid for the use of the State and held as public moneys belonging to the State and shall be remitted by the officer collecting the same to the State in the same manner and at the same time the taxes are remitted, and none of said commissions

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shall be turned into the county treasury. Act of 1924 amended Sections 6 and 7 stricken. Fees, etc., returnable to county treasury. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 27, 1925. COUNTY OFFICERS' SALARIES; ACT OF 1924 AMENDED. No. 240. An Act to amend an Act approved August 13, 1924, entitled An Act to change from 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, by striking out section one of said Act and enacting in lieu thereof the following as Section 1 of said Act: 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 to sixty thousand inhabitants and to all counties in the State of Georgia having by the census of the United States of 1920 a population of seventy thousand to one hundred and fifty thousand inhabitants and to all counties in the State which may have by any future census of the United States a population of seventy thousand to one hundred and fifty thousand inhabitants and for 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 13,

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1924, entitled 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, as found on pages 90-97 of Georgia Laws for 1924, be and the same is hereby amended by striking out Section 1 of said Act and enacting in lieu thereof, as Section 1, the following. Act of 1924 amended. 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 to sixty thousand inhabitants and to all counties in the State of Georgia having by the United States census of 1920 a population of seventy thousand to one hundred and fifty thousand inhabitants and to all counties in the State which may by any future census of the United States have a population of seventy thousand to one hundred and fifty thousand inhabitants, so that said section one of said Act when so amended shall read as follows: 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 to sixty thousand inhabitants and to all counties in the State of Georgia having by the United States census of 1920 a population of seventy thousand to one hundred and fifty thousand inhabitants and to all counties in the State which may by any future census of the United States have a population of seventy thousand to one hundred and fifty thousand inhabitants. New Sec. 1. To be read. Counties to which this Act applies. Sec. 2. Be it enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Provided, nevertheless, that this Act shall not be construed so as to render the act which this act amends invalid, if for any reason said act as amended would be invalid; and in the event that this amendatory Act would render

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the Act sought to be amended hereby invalid in any particular, then the original Act, approved August 13, 1924, shall be and remain in full force and effect as though this Act had never been passed. Amended Act not invalid. Approved August 17, 1925. COUNTY OFFICERS' SALARIES; PAYMENT OF. No. 346. An Act to amend an Act approved August 13th, 1924, entitled 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 such change; to regulate the disposition of cost, and for 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 said Act be amended by amending Section 6 of said Act as follows: By adding after the words of the office in the eleventh line of said Section, the following: Provided, however, that it may be lawful for the Treasurer of the County, or other custodian or depository of County funds, to anticipate the payment into the County Treasury of funds derived under the provision of Section 8 hereof, and to pay out of County funds the monthly portion of such salaries and expenses to each officer herein named, as herein above provided. So that said Section when amended shall read as follows: Act of 1924 amended. Section 6. That after said salaries and expenses are so fixed and determined, as provided in Sections 3, 4 and 5 hereof, it shall be proper and lawful for the Treasurer of the County, or other custodian or depository of County

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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 15th 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. Provided, however, that it may be lawful for the treasurer of the County, or other custodian or depository of County funds, to anticipate the payment into the County Treasury of funds derived under the provision of Section 8 hereof, and to pay out of County funds the monthly portion of such salaries and expenses to each officer herein named, as herein above provided. 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. Sec. 6 read. Payments into Treasury acticipated to pay salaries monthly. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 21, 1925. COURT REPORTERS IN CERTAIN COUNTIES; COMPENSATION. No. 316. An Act to amend an Act entitled an Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the Superior and City Courts, in counties of this State having therein a city of more than 175,000 population according to the Federal census of 1920; to provide the disposition of the fees now prescribed by law for the taking down and transcribing of testimony taken in said courts; to authorize

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the rotation of said reporters in the said courts under the direction of the proper authorities, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the above-entitled Act, approved August 15, 1923, be and the same is hereby amended by striking from Section 1 thereof the words not to exceed twenty-four hundred dollars per annum, and inserting in lieu thereof the words to be fixed by the Commissioners of Roads and Revenues of such county, of not to exceed three thousand dollars per annum; so as to make Section 1 of said Act read as follows: Act of 1923 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that beginning September 1, 1923, one official court reporter for each of the several divisions of the Superior and City Courts in counties of this State containing a city of more than 175,000 population, according to the Federal census of 1920, shall be paid out of the treasury of such county a salary to be fixed by the Commissioners of Roads and Revenues of such county, of not to exceed three thousand dollars per annum, payable monthly, which salary shall be compensation in full for attendance upon, and taking stenographic notes in any court or division thereof covered by this Act. Sec. 1 read. 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 20, 1925. CREDIT UNIONS REGULATED. No. 429. An Act to provide for the incorporation, operation and

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supervision of Credit Unions; to define their rights, powers, and duties and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that any number of persons, not less than eight, may incorporate for the purpose of organizing a Credit Union, in accordance with the provisions of this Act. The persons so desiring to become incorporated shall file in the office of the Secretary of State, a petition, in duplicate and signed by each of them, stating; Organization. (a) The name of the proposed Credit Union and the city, town or village in which its principal business office is to be located. Petition. (b) The names and address of petitioners and the number of shares subscribed by each. (c) That incorporation is desired under this Act and the par value of shares, which shall be $5.00. (d) That the purpose and nature of the business are to conduct a Credit Union with the rights and powers granted by this Act. (e) And any other matters which they may deem it advisable to state. Sec. 2. Said petition shall be accompanied by a draft of By-laws, and the petition and By-laws shall be filed, in duplicate, in the office of the Secretary of State, who shall record the date of filing and the name of the Credit Union in a book to be kept for that purpose. The By-laws shall provide: By-laws. (a) The date of the annual meeting (which shall be in January of each year), the manner of notification of meetings and of conducting the same, the number of members constituting a quorum and regulations as to voting. Provisions. (b) The number of directors (which shall not be less than five), all of whom must be members, their powers and duties, together with the duties of the officers elected by the Board of Directors. The qualifications for membership.

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(d) The number of members of the credit committee and of the supervisory committee (which shall not be less than three each), together with their respective powers and duties. (e) The conditions under which shares may be issued, paid for, transferred and withdrawn, deposits received and withdrawn, loans made and repaid and the funds otherwise invested. (f) The charges which shall be made, if any, for failure to meet obligations punctually; whether or not the corporation shall have the power to borrow; the method of receipting for money; the manner of accumulating a reserve fund; the manner of determining and paying a dividend and such other matters, consistent with this Act, as may be requisite to the organization and operation of the Credit Union in question. Sec. 3. The duplicate set of By-laws shall be transmitted by the Secretary of State to the Superintendent of Banks, who shall promptly consider same, and, after making such changes therein, with consent of petitioners, not inconsistent with this Act as he may deem necessary, in writing approve same, if he is satisfied that the proposed field of operation is favourable to the success of said corporation, and that the standing of the proposed incorporators is such as to give assurance that its affairs will be properly administered. He shall then promptly return the said duplicate sets of By-laws as revised, re-writing same in duplicate, if necessary, with his approval endorsed thereon, to the Secretary of State, who shall thereupon if he finds the requirements of this Act have been complied with, issue to said Credit Union a certificate of incorporation, under the great seal of the State, and shall attach said certificate to one of the duplicate sets of the petition and By-laws, and deliver same to petitioners, retaining the other set on file in his office. Said certificate shall be substantially as follows, to-wit: Duplicate by-laws; approval by Bank Superintendent. To all to whom these presents may come: Greeting. Certificate.

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Whereas, in pursuance of an Act of the General Assembly of this State, approved..... day of..... (names of persons who signed the petition), having filed in the office of the Secretary of State a certain petition, seeking the formation of a Credit Union, to be known as (insert name), and have complied with the law in such cases made and provided; therefore, the State of Georgia hereby grants unto the above named persons, their successors and assigns, full authority by and under the name of (insert name) to exercise the powers and privileges of a Credit Union, subject to the provisions of the Constitution and the laws of this State, and all the laws, rules and regulations covering Credit Unions of force at the date of this certificate, or that may hereafter become of force, either by constitutional or statute law. In Witness Whereof, these presents have been signed by the Secretary of State, and to which is annexed the great seal of the State, at Atlanta, Georgia. This, the..... day of..... Sec. 4. Upon receipt of said certificate from the Secretary of State, petitioners shall call a meeting of the subscribers for the purpose of organizing, of which meeting five days notice shall be given to each subscriber, personally, or by deposit of such notice in the mails postage paid, directed to his last known address or to the address left by him in writing for that purpose. Such notice, however, may be waived. At said meeting, or adjourned meeting thereof, petitioners shall accept said certificate and By-laws, noting such acceptance on the minutes of the meeting, and proceed to organize by the election of officers and performance of all other things necessary to complete the organization. Subscribers' meeting. The certificate of incorporation, but not the petition and By-laws attached thereto, shall be then recorded in the office of the Clerk of the Superior Court of the County

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in which the Credit Union has its principal place of business, and the Credit Union shall thereupon become and be a corporation with all the powers and privileges granted by this Act, for a period of twenty years from the date of said certificate, with right of renewal. The Secretary of State shall, upon application of the Credit Union and approval of the Superintendent, issue a renewal certificate of like form as the original certificate, which shall likewise be recorded in the office of said Clerk. Record of Certificate. Sec. 5. A copy of said certificate or renewal certificate, certified by the Clerk of the Superior Court in which same has been recorded, shall be admissible in evidence in any court or place in this State, as proof of the organization of said Credit Union and its right to do business as such. Certificate as evidence. Sec. 6. No amendment to the By-laws shall become operative until copy thereof, with the approval of the Superintendent of Banks endorsed thereon, has been filed with the Secretary of State. The Secretary of State shall record the date of filing same under the name of the Credit Union in the record book hereinbefore provided for. Amendments to by-laws. Sec. 7. The use by any person, co-partnership, association or corporation, except corporations organized under the provisions of this Act, of any name or title which contains the words Credit Union, shall be a misdemeanor and punishable as such. Use of Credit Union incorporate title. Sec. 8. A Credit Union shall have, in addition to the powers common under the laws of Georgia to all corporations, the following powers: Powers. (1) It may receive the funds and savings of its members in payment for shares or on deposit. Funds. (2) It may receive deposits from non-members in such manner as the By-laws may provide. Deposits. (3) It may make loans to members, through its credit committee. Loans.

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(4) It may also invest, through its board of directors, its surplus funds: Surplus. (a) In any investment which is legal for savings banks in the State of Georgia. (b) In the stock of other credit unions, to a total amount which shall not exceed ten per cent of the capital stock and reserve funds of the investing Credit Union, and (c) May deposit to.the credit of corporation in savings banks, credit unions, state banks, trust companies and national banks. (5) It may borrow from any source, but the total of such borrowings shall at no time exceed fifty per cent of the capital, surplus and reserve fund of the borrowing Credit Union. Borrowings. (6) It may undertake such other activities, not inconsistent with the provisions of this Act, as the By-laws may authorize, and exercise the powers, elsewhere in this Act granted. Other activities. (7) It may organize and engage in business without having any stated amount of capital subscribed or paid in, and may begin to do business with only such capital stock subscribed and paid in as may be provided in its By-laws, and may increase and decrease its capital stock and provide for the payment and withdrawal thereof as and in the manner provided in its By-laws. Capital. Sec. 9. The membership of the Credit Union shall consist of the incorporators and such persons, societies, associations, co-partnerships and corporations as may be duly elected to membership and have subscribed to one or more shares and have paid for same in whole or in part and have paid the entrance fee and complied with all other requirements contained in the By-laws. Membership. Sec. 10. Credit Unions shall be subject to the supervision of the Superintendent of Banks and shall make a report of conditions to him at least semi-annually, upon call

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and on blank forms to be supplied by him. Returns shall be verified under oath of the President and Treasurer and additional reports may be required by the said Superintendent. Any credit union which neglects to make the above reports shall forfeit to the Treasurer of the State ten dollars for each day of such neglect, unless excused by the Superintendent of Banks. Reports to Bank Superintendent. Each Credit Union shall be examined at least annually by the said Superintendent, or his duly authorized deputy. Said Superintendent may order other examinations and shall at all times be given free access to all of the books, papers, securities and other sources of information in respect to said Credit Union. For this purpose he shall have the power to subpoena and examine personally, or through one of his deputies, witnesses on oath and documents pertaining to the business of the Credit Union. Examinations. If a Credit Union neglects to make the required reports or to pay the charges herein required for fifteen days, the Superintendent of Banks shall notify the Credit Union of his intention to revoke the certificate of approval. If said neglect or failure continue for another fifteen days the Superintendent may revoke said certificate of approval and he, or one of his deputies shall take possession of the business of such Credit Union and retain possession until such time as he may permit it to resume business or liquidate its affairs, pursuant to the banking laws of the State. Revocation of certificate. If it appears to the Superintendent of Banks that a Credit Union has violated any of the provisions of this Act he may, by an order made over his hand and official seal, after hearing, or an opportunity for a hearing has been given said Credit Union direct it to discontinue the illegal methods and practices. If a Credit Union is insolvent or has, within a reasonable time, failed to comply with any order mailed to the last address filed by said Credit Union with said Superintendent, he shall immediately, or within a reasonable time thereafter, take possession

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of the business and property of the Credit Union and retain possession until such time as he may permit it to resume business or its affairs are finally liquidated. Illegal practices; insolvency. Sec. 11. The Credit Union fiscal year shall end at the close of business on the thirty-first day of December. Special meetings of the members may be held by order of the directors, or of the Supervisory Committee and shall be held on written request of ten per cent of the members. At all meetings a member shall have but one vote, irrespective of the number of shares held. No shareholder may vote by proxy but a society, association, co-partnership or corporation, having membership in the Credit Union, may be represented by one person, duly authorized by said society, association, co-partnership or corporation to represent it. At any meeting the members may decide on any matter of interest to the corporation, may overrule the board of directors and, by a three-fourths vote of those present may amend the By-laws, providing the notice of the meeting shall have stated the question to be considered. Fiscal year. Special meetings of members. Sec. 12. At the annual meeting the members shall elect a Board of Directors, a credit committee and a supervisory committee. Unless the number of members of the Credit Union is less than eleven, no member of the Board shall be a member of either of said committees. All members of the board and committee and all officers shall be sworn to faithfully perform the duties of their several offices, and shall hold them for such terms as may be determined by the By-laws. The oaths shall be subscribed by the individuals taking it and certified by the officer before whom it is taken and shall immediately be transmitted to the Superintendent of Banks and filed and preserved in his office. Board of Directors; committees. Sec. 13. At the first meeting and at each first meeting in the fiscal year, the Board of Directors shall elect from their own number a President, Vice-President, Secretary and Treasurer. If the By-laws so provide the offices of

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Secretary and Treasurer may be held by the same person. The Board of Directors shall have the general management of affairs, funds and records of the corporation and shall meet as often as may be necessary. Unless the By-laws shall specially reserve any and all of the duties to the members, it shall be the special duty of the directors: Officers. Duties of directors. (1) To act upon all applications for membership and the expulsion of members. Applications. (2) To determine, from time to time, rates of interest which shall be allowed on deposits and charged on loans. Interest rates. (3) To fix the amount of the surety bond which shall be required by each officer having the custody of funds. Surety Bonds. (4) To fix the maximum amount of shares which may be held by and the maximum amount which may be loaned to any one member; to declare dividends and recommend amendments to the By-laws. Shares and dividends. (5) To fill vacancies in the Board of Directors and Credit Committee until the election and qualification of successors. Vacancies. (6) To have charge of the investment of funds of the corporation, other than loans to members, and to perform such other duties as the members may, from time to time, authorize. Investments. No member of the Board of Directors or of the Credit Committee or of the Supervisory Committee shall receive any compensation for his services as a member of said Board or Committee. No compensation. Sec. 14. The Credit Committee shall approve every loan or advance made by the corporation. Every application for a loan shall be in writing, on a form prepared by the Board of Directors, and shall state the purpose for which the loan is desired and the security, if any, offered. Endorsement of a note or assignment of shares in any Credit Union shall be deemed security in the meaning of this section. No loan shall be made unless it has received the

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unanimous approval of the members of the Committee present when the loan was considered, which number shall constitute at least a majority of the committee, nor if any member of the Committee shall disapprove thereof. An applicant for a loan may appeal to the Directors from the decision of the Credit Committee, if it is so provided in the By-laws and in the way and manner therein provided. The Credit Committee shall meet as often as may be required, after due notice has been given to each member. Credit Committee; approval of loans Sec. 15. The Supervisory Committee shall, at frequent intervals, inspect the securities, cash and accounts of the Credit Union and supervise the acts of the Board of Directors, Credit Committee and officers, any or all of whom the Supervisory Committee may, at any time, by a unanimous vote, suspend. Within seven days after such suspension, the Supervisory Committee shall cause notice to be given to the members of a special meeting to take action on such suspension, the call for the meeting to indicate clearly its purpose. By a majority vote the committee may call a meeting of the shareholders to consider any violation of this Act or of the By-laws or any practice of the Credit Union, which, in the opinion of the said committee is unsafe and unauthorized. The Committee shall fill vacancies in their own number until the next meeting of the members. At the close of the fiscal year the Supervisory Committee shall make or cause to be made a thorough audit of the receipts, disbursements, income, assets and liabilities of the Credit Union for the said fiscal year and shall make a full report thereon to the directors, which report shall be read at the annual meeting and shall be filed and preserved with the records of the Credit Union. Supervisory Committee; inspections. Sec. 16. The capital of the Credit Union shall consist of the payments that have been made to it by the several members thereon on shares. A Credit Union shall have a lien on the shares of any members and on the dividends payable thereon for and to the extent of any loan made to

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him and of any dues and fines payable by him. A Credit Union may, upon the resignation or expulsion of a member, cancel the shares of such member and apply the withdrawal value of such shares toward the liquidation of such member's indebtedness. A Credit Union may charge an entrance fee, as may be provided in the By-laws. Fully paid up shares of a Credit Union may be transferred to any person upon election to membership, upon such terms as the By-laws may provide and upon the payment of a transfer fee which shall not exceed twenty-five cents. Capital. Cancellation of shares. Entrance fee. Transfer of Shares. Sec. 17. Shares may be issued and deposits received in the name of a minor and in trust and in such way and manner as the By-laws may provide. Shares in trust. Sec. 18. A Credit Union may lend to its members at reasonable rates of interest, which shall not exceed one per cent a month, for such purposes and upon such security as the By-laws may provide and the Credit Committee shall approve, and invest its funds as therein provided. A member who needs funds with which to purchase necessary supplies for growing crops may receive a loan in fixed monthly installments instead of one sum. A borrower may repay the whole or any part of his loan on any day on which the office of the corporation is open for the transaction of business. Loans to members. No officer, director or member of the Credit or Supervisory Committee shall be allowed to borrow from the corporation or to become endorser for a borrower, without a favorable vote of the member stockholders in special meeting called for the purpose of passing on the specific loan or loans. To officers. Sec. 19. All entrance fees, transfer fees and charges shall, after the payment of the orgnization expenses, be known as reserve income and shall be added to the reserve fund of the Credit Union. At the close of each fiscal year there shall be set apart to the reserve fund twenty per cent of the net income of the corporation which has accumulated

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during the year. The members, at an annual meeting, may increase the proportion of the profits which is required by this section to be set apart to the reserve fund or to decrease it when the reserve fund equals the paid in capital of the Credit Union. The reserve fund shall belong to the corporation and shall be held to meet contingencies and shall not be distributed to the members except upon dissolution of the corporation. Fees; reserve fund. Sec. 20. At the close of the fiscal year a Credit Union may declare a dividend from the net earnings. Dividends shall be paid on all fully paid shares outstanding at the close of the fiscal year, but shares which may become fully paid during the year shall be entitled to a proportional part of such dividends calculated from the first day of the month following such payment in full. Dividends. Sec. 21. At any regular or called meeting of the members, by a two-thirds vote of those present, the members may expel from the corporation any member thereof. A member may withdraw from a Credit Union and a nonmember may withdraw deposits, as hereinafter provided, by filing a written notice of such intention. All deposits of an expelled or withdrawing member, with any interest accured, shall be paid to such member, subject to sixty days notice, and after deducting any amounts due to the corporation by such members, said expelled or withdrawing member shall have no further right in said Credit Union or to any of its benefits, but such expulsion or withdrawal shall not operate to relieve said members from any remaining liability to the corporation. Expulsions and withdrawals. Sec. 22. Any Credit Union may go into voluntary liquidation and surrender its charter and franchises, by complying with the laws of the State, for the voluntary liquidation and dissolution of banks, which said laws are hereby made applicable to the voluntary liquidation or dissolution of Credit Unions, except that the fees to be paid to the Secretary of State shall be $10.00, instead of $25.00, and except that the application to surrender the charter

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shall be published once a week for two weeks instead of four weeks. Liquidation. Sec. 23. A Credit Union may change its place of business on written notice and approval of the Superintendent of Banks. Place of business. Sec. 24. Credit Unions shall not be subject to any tax except the ad valorem tax upon property imposed by the Constitution of this State, unless made subject thereto by express provision of law specifically naming Credit Unions and making them subject thereto. Tax. Sec. 25. If any provision of this Act shall be held to be unconstitutional such provision alone shall be invalid and other parts of this Act shall be unaffected thereby and shall be and remain of full force and effect. Act unaffected if portions unconstitutional. Sec. 26. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 27, 1925. DISPOSITION OF PUBLIC UTILITY PROPERTIES IN CITIES. No. 393. An Act to provide for the sale, lease or other disposition by municipal corporations of the State of Georgia, of any or all electric, water, gas or municipally owned public utility properties, and to provide the terms, conditions and safe-guards respecting the disposition of the same, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That municipalities of this State be and they are hereby empowered and authorized, if they so

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desire, to sell, lease, or otherwise dispose of any or all electric, water, gas, or other municipally owned public utility plants or properties, on such terms and conditions as to the municipality seem proper. And said municipal corporations are empowered and authorized to transfer title to said public utility properties by warranty deed, bill of sale, contract or lease, in the manner provided by law, provided, however, that nothing in this Act contained shall be held or construed to affect the powers of any municipal corporation in the charter of which there is now contained any provision either authorizing the sale, lease, or other disposition of such properties by the municipality, or prohibiting the sale, lease, or other disposition of such properties by the municipality so long as such provision remains in the charter of such municipality. Sale or lease of plant. Charters prohibiting such sale or lease. Sec. 2. Notice of intention to make such sale, lease, or other disposition of water works, electric, or gas plant, setting out the price and other general terms and conditions of such proposed sale, lease, or disposition shall be given by publication, once a week for three consecutive weeks, in some newspaper published in said municipality, and if no newspaper is published in said municipality, then in some newspaper published in the county in which said municipality is located, and if no such newspaper, then in some newspaper having a general circulation in such municipality and after ten days from last publication of such notice, the plant may be disposed of, unless, within ten days after the last publication of such notice, petition signed by not less than twenty per cent (20%) of the qualified voters of such municipality be field, objecting to and protesting against such sale, lease, or disposition. If such petition, so signed, is filed the sale shall not be made unless submitted to a special election ordered for the purpose of determining, whether a majority which shall constitute two-thirds of those voting at such election, shall vote for or against such sale, lease, or other disposition; such election shall be ordered by said municipality

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to be held not less than fifty days after the date of the filing of said objecting petition with the municipality. Such election shall be held in accordance with and in all respects be governed by the Acts of the General Assembly in regard to elections to determine whether municipalities shall issue bonds or not. The notice of such election shall state its purpose. Notice of disposition. Objection petitions. Referendum. Sec. 3. The ballots provided shall have plainly written or printed thereon the words Shall the water works, electric, or gas (as the case may be) plant, be sold, leased, or disposed of (as the case may be), and below said words shall be suitably placed on separate lines, the words Yes and No, so that the voter may indicate the way the elector desires to vote on the questions submitted. Ballots Sec. 4. If a majority of those voting in said election shall vote in favor of such sale, lease, or disposition, then the proper officers of the municipality may proceed to sell, lease, or dispose of such plant in accordance with the terms and conditions set out in the notice of proposed intention to sell, lease, or dispose of such plant, as herein provided. If such election is determined against such sale, lease, or disposition of such plant, then such plant shall not be sold, leased or disposed of, but shall remain the property of the municipality. Election. Approved August 25, 1925. DRAINAGE ASSESSMENTS; CREATION OF LIENS. No. 378. An Act to amend an Act of the General Assembly of the State of Georgia approved August 19, 1911, and entitled An Act to promote the public health, convenience, and welfare by leveeing, ditching, and draining the wet, swamp, and overflowed lands of the State, and providing

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for the establishment of levee or drainage districts, for the purpose of enlarging or changing any natural water course, and for digging ditches or canals for securing better drainage or providing better outlets for drainage, for building levees or embankments and installing tide gates or pumping plants for the reclamation of overflowed lands, and prescribing a method for so doing; and providing for the assessment and collection of the cost and expense of the same, and issuing and selling bonds therefor, and for the care and maintenance of such improvements when constructed; and for other purposes, as now amended, so as to create a lien for the purpose of securing the eventual payment of such drainage assessments as may be made, to define the method of enforcing such liens and the collection of such assessments, to provide a method of validating bonds issued thereunder, and for other purposes. Section 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 Thirty-four (34), as now amended, of the above entitled Act of August 19, 1911, shall be and is hereby amended by adding in line twenty-seven (27) of said section after the words taxes are collected the following: Act of 1911 amended. By levy and sale, and any purchaser at such sale shall acquire title to said land so sold subject only to State and County taxes, and taxes levied for any and all school purposes (and also City Taxes, if said lands be located in an incorporated town or city) and the unpaid assessment due or to become due, and such unmatured assessments shall at maturity be collected in like manner by levy and sale of said land, the title to vest in the last purchaser at any such sale. Any and all executions issued under and by virtue of the provisions of this Act, shall constitute a special lien upon the lands of such party lying within said drainage district subject to the provisions herein contained, so that said section when so amended shall read:

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At the expiration of thirty days from the date of the notice provided in Section 32 of this Act as amended, the Board of Drainage Commissioners may issue bonds for the full amount of the assessment not paid into the county treasurer, together with the interest thereon, costs of collection or other incidental expenses. These bonds shall bear six per cent. interest per annum, payable annually, or semi-annually, in the discretion of the Board of Drainage Commissioners, and shall be paid in ten equal annual installments. The first installment of the principal shall mature at the expiration of three years from the date of issue, and one installment each succeeding year for nine additional years. The commissioners may sell these bonds at not less than par and devote the proceeds to the payment of the work as it progresses. In no case shall bonds be issued until the tax levy has been made to meet them as they come due. The bonds issued shall be for the exclusive use of the levee or drainage district specified on their face, and should be numbered by the Board of Drainage Commissioners and recorded in the drainage record, which record shall set out specifically the lands embraced in the district on which the tax has not been paid in full, and which land is assessed for the payment of the bonds issued and the interest thereon. This assessment shall constitute the first and paramount lien, second only to State and county taxes, and taxes levied for any and all school purposes upon the lands assessed for the payment of said bonds issued and the interest thereon, as the same becomes due, and shall be collected in the same manner by the same officers as the State and county taxes are collected, by levy and sale, and any purchaser at such sale shall acquire title to said land so sold subject only to State and county taxes, and taxes levied for any and all school purposes (and also City taxes, if said lands be located in an incorporated town or city), and the unpaid assessments due or to become due, and such unmatured assessments shall at maturity be collected in like manner by levy

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and sale of said land, the title to vest in the last purchaser at any such sale. Any and all executions issued under and by virtue of the provisions of this Act shall constitute a special lien upon the lands of such party lying within said drainage district subject to the provisions herein contained. All assessments levied under authority of this Act, and the Acts amendatory thereof shall be due and payable on or before December 20th, in each year preceding the maturity of the installment of principal or interest of the bonds or indebtedness which the assessment is levied to pay and it shall be the duty of the tax collector to collect such assessments in the same manner and at the same time as he collects State and county taxes, and issue his receipt therefor. The necessary books and blanks for this purpose shall be provided at the expense of the Drainage District. The tax collector shall, not later than January 1st of each year, make a report of all unpaid assessments due for the preceding year to the Board of Drainage Commissioners, and shall at the same time issue his executions to enforce collection of the same, which shall proceed as ordinary executions for State and county taxes; all unpaid assessments shall bear interest at the rate of 7 per cent, per annum from December 20th until paid, and shall be collected by the tax collector in the same manner as the assessment. Whenever a district is incorporated in more than one county the assessments shall be due and payable in the county where they are levied, and the tax collector of that county shall issue executions as hereinbefore provided, which may be levied by any sheriff or constable in the county in which the land is located. If any installment of principal or interest represented by the said bond shall not be paid at the time and in the manner when the same shall become due and payable, the holder or holders of such bond or bonds upon which default has been made may have a right of action against said Drainage District or the Board of Drainage Commissioners of said district, wherein the court may issue a writ of mandamus against the said Drainage District,

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its officers, including the tax collector and treasurer, directing the levying of a tax or special assessment as herein provided, and the collection of same, in such sum as may be necessary to meet any unpaid installments of principal and interest and costs of action; and such other remedies as are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by law, and the right of action is hereby vested in the holder or holders of such bond upon which default has been made authorizing them to institute suit against any officer on his official bond for failure to perform any duty imposed by the provisions of this Act, the official bonds of the tax collector and the county treasurer shall be liable for the faithful performance of the duties herein assigned them. Such bonds may be increased by the Board of County Commissioners. Sec. 34 read. Taxes on property in drainage district. Executions. It shall be the duty of said Board of Drainage Commissioners to see that executions to enforce payment of all unpaid assessments aforesaid are issued by the tax collector not later than the 15th day of January of each year, and are immediately placed by him in the hands of the Sheriff or other proper levying officer and to see that levy is promptly made and followed in due course by advertisement and sale of the land in said drainage district of each person who fails to make payment in full to such levying officer on or before the 15th day of February in each year, and it shall be their further duty to see that all county officers and persons charged with any duty herein, including the levying of a special tax assessment and collection of the same, shall promptly and faithfully discharge their respective duties. And providing that no person who pays his respective share of the assessment shall be liable for the assessment or any portion thereof against others in the District, and providing further that no lien existing at the time of the assessment under this Act shall be affected hereby until and unless such lienholder shall be served and notified as are other members of such district and when so served and notified

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such lienholder shall be entitled to all rights of members in the affairs of said District until such lien shall have been discharged. Sec. 2. Be it further enacted that said Act be also amended so that any and all bonds hereafter issued under said Act in any case may be validated in the following manner, to-wit: Validation of bonds. Paragraph A. Whenever any Drainage District shall have been organized under and by virtue of this Act and the Drainage Commissioners shall determine that the issuance of bonds for the purpose of constructing such improvements is advisable or necessary, the said Drainage Commissioners shall within thirty days thereafter serve notice upon the Solicitor General of the Circuit in which said Drainage District desired to issue bonds under the terms and conditions of said Drainage Act, and such service shall be personal upon the Solicitor General, and in the event he is absent from the circuit, then it shall be served in person upon the Attorney General of the State. Notice served on Solicitor-General. Paragraph B. Within twenty days from the date of the service of the notice provided in the preceding paragraph, the Solicitor General or the Attorney General, as the case may be, shall prepare and file in the office of the Clerk of the Superior Court of the County in which said Drainage District has been organized a petition, a true and correct copy of such petition to be filed in the office of the Clerk of the Superior Court in each of the counties in which any of the lands embraced within such Drainage District may lie, same to be considered an original action in the Superior Court in each of the counties in which such petition may have been filed, such action to be brought in the name of the State of Georgia and against such Drainage District so desiring to issue bonds, setting forth the service of the notice, as provided in the preceding paragraph, the name of the Drainage District seeking to issue said bonds, the amount of the bonds to be issued, what interest

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they are to bear, how much principal and interest is to be paid in full, and shall attach thereto as exhibit true and correct plats or maps of the area to be drained, showing the acreage within said area owned by each of the members of said District, the class or classes to which the lands of each member has been assigned and the acreage of each member in each class, the amount to be assessed against the acreage in each class, and as well as the total amount to be assessed against each member, and shall obtain from the Judge of the Superior Court in the county in which said Drainage District is organized and as well as from the Judge of the Superior Court in each of the other counties in which any portion of said Drainage District may lie, and order requiring the Drainage Commissioners representing such Drainage District to show cause at the Court House in each of the several counties, at such time as the Judges of such courts may direct, the several hearings to be on different dates and all within twenty days from the filing of the petition, why the bonds should not be confirmed and validated which petitions as filed in the several counties shall be served in person upon the Drainage Commissioners by the sheriff of the county in which such Commissioners reside, or such Commissioners may acknowledge service thereon, and to which petition such Commissioners shall make sworn answers within the time prescribed by the order therefor. Petition. Original action. Notice of conditions of issue. Hearings. Acknowledgement of Service. Paragraph C. Within the time prescribed in the order the Judge of each of the Superior Courts herein referred to shall, at the Couthouse in the county wherein the land embraced in the Drainage District and at the time fixed in said order therefor, proceed to hear and determine all the questions of law and fact in said cause, notice of which hearing shall be published immediately preceding such hearing in two issues of that newspaper in which sheriff's advertisements are published in said county, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of bonds, a judgment and

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order shall be entered to that effect, and any person owning lands lying within such Drainage District, resident of the county in which said hearing is had, or owning lands therein and within said District may become a party to said proceedings by intervention either before or after the rendition of the judgment and order herein referred to, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, may except therefrom within twenty days from the judgment, as in injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in criminal cases. Hearing. Paragraph D. In the event no bill of exceptions is filed within the time prescribed herein, or, if filed, is affirmed by the Supreme Court, the Judgment of the Superior Court, so confirming and validating the issuance of the bonds, shall be forever conclusive upon the validity of such bonds against the said Drainage District and the members thereof whether such members were original petitioners in said original petition to organize such District or were brought in by service as provided in said Act, and the validity of said bonds and the assessments thereunder shall not thereafter be called into question in any court in this State. Judgment if no bill of exceptions filed. Paragraph E. Bond, when issued under the provisions of this Act, shall have stamped thereon by the Clerk of the Superior Court in which said Drainage District is organized the words, Validated and confirmed by judgment of the Superior Courts of..... Counties, naming the counties in which the Superior Courts thereof may have confirmed said issue of bonds, specifying the dates when such judgments were rendered and the courts in which same were rendered which shall be signed by the Clerk of the Superior Court in which said Drainage District is organized, certified copies of the final orders validating and confirming said bonds having first

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been filed as a part of the record in the office of said clerk, and which entry and certificate of the clerk on such bonds shall be original evidence of the facts recited therein and shall be received as original evidence in any court in this State. Confirmation of issue. Paragraph F. The costs of the proceedings herein contemplated shall be in all event taxed against the said Drainage District and in addition thereto said Drainage District shall pay to the Solicitor General the sum of twenty-five dollars in each county in which such proceedings may be had. Costs. Paragraph G. Provided the provisions of this Amendment shall apply only to such drainage districts as may be hereafter established. Provisions applicable to districts hereafter established. 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 22, 1925. ELECTION PRECINCTS IN CERTAIN COUNTIES. No. 295. An Act to prescribe the hours certain election precincts shall remain open during all elections in certain counties in this State 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 at least 11,709 inhabitants and not more than 11,712 inhabitants. Counties to which this Act applies. Sec. 2. That in all counties described in Section 1, all election precincts in incorporated cities or towns and in

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all other precincts in such counties having as many as 350 registered voters shall remain open from 9 o'clock A. M. until 6 o'clock P. M. Hours. Sec. 3. That this Act shall apply to all elections held in such counties and precincts whether general, special, primary or otherwise except, however, it shall not apply to elections that are solely municipal. Not applicable to municipal elections. Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 18, 1925. EMBALMERS, LICENSING OF. No. 375. An Act to amend an Act to establish a State Board of Embalmers; to provide for the better protection of life and health; to prevent the spread of contageous diseases; to regulate the practice of embalming and the care and disposition of the dead, and for other purposes, approved December 20, 1899, so as to empower said Board of Embalmers to increase the license fee of applicants desiring to become licensed embalmers; to provide for the employment and payment of legal counsel to represent the Board in the enforcement of the provisions of the law regulating the practice of embalming, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section VI of the Act approved December 20, 1899, appearing in section 1718 in the Code of 1910, be amended by striking the words license fee of $5.00 wherever they appear in said section, and insert in lieu thereof the words such license fee as may have been fixed by said Board in

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its discretion but not to exceed $25.00, so that said section when amended, shall read as follows: Section VIBe it further enacted by the authority aforesaid, That from and after the first day of June, nineteen hundred, every person now engaged or desiring to engage in the practice of embalming dead human bodies within the State of Georgia shall make a written application to the State Board of Embalmers for a license accompanying the same with such license fee as may have been fixed by said Board in its discretion but not to exceed $25.00 whereupon the applicant as aforesaid shall present himself or herself before said Board, at a time and place to be fixed by said Board, and if the Board shall find, upon due examination, that the applicant is of good moral character, possessed of a knowledge of the venous and arterial systems, the location of heart, lungs, stomach, bladder, womb and other organs in the human body; the location of the abdominal, pleural and thoractic cavities; the location of the carotid, brochial, radial, ulnar, femoral and tibial arteries; a knowledge of the science of embalming and the care and disposition of the dead, and has a reasonable knowledge of sanitation and the disinfection of bodies of deceased persons and the apartment, clothing and bedding, in case of death from infectious or contagious diseases. The Board shall issue to said applicant a license to practice said science of embalming and the care and disposition of the dead, and shall register such applicant as a duly licensed embalmer. Such license shall be signed by a majority of the Board and attested by its seal. All persons receiving a license under the provisions of this Act shall have said license registered in the Ordinary's office of the County in the jurisdiction of which it is proposed to carry on said practice, and shall display said license in a conspicuous place in the office of such person so licensed. Act of 1899 amended. See, VI read. Fee. Sec. 2. Be it further enacted by the authority aforesaid that said Act be further amended by adding a new section to follow section XI, to be known as XI- as

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follows: Section XI-That said Board is also empowered for the purpose of carrying out the provisions of this Act and to enforce the same by prosecutions or otherwise to employ legal counsel to advise with, and to represent the Board, to be paid out of the funds collected by said Board, and likewise to pay any legitimate expense incurred to prosecute any one in the Courts of this State for the violation of the provisions of this Act. Sec. XI- Expenses of Board. 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 22, 1925. FENCE ELECTIONS IN CERTAIN COUNTIES. No. 357. An Act To limit the period of time wherein elections on the subject of Fence or No Fence may be held in any county in this State of designated population. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, whenever an election has been, or may hereafter be held in any county in this State for two years in succession, upon a submission to the qualified voters thereof of the question of Fence or No Fence, and shall have resulted successively against no Fence no election shall be held in that county for purpose of determining the same question for a period of three years from the date of the last election so held. Elections, how often to be held. PROVIDED, that the provisions of this Act shall apply only to those counties having a population of not less than 33,000 and not more than 33,044 according to the national census of 1920. Counties to which this Act applies.

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Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1925. FIRE DEPARTMENTS IN CERTAIN CITIES; TWO SHIFTS. No. 317. An Act to provide for two shifts of Firemen connected with the Fire Departments of Cities of a population of ten thousand seven hundred and eighty-three (10,783) according to the Federal Census of 1920. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That each City in the State of Georgia having a population of ten thousand seven hundred and eighty-three (10,783) according to the Federal Census of 1920 shall provide for two shifts of Firemen, one shift to be on duty during the day and the other shift to be on duty during the night. Provided, however, that all firemen, whether on the day or night shifts shall be subject to call in case of a general fire alarm during the time when a fire emergency so requires. Two shifts. Emergencies. Sec. 2. Be it further enacted by the authority aforesaid, That no fireman shall be required to remain on duty more than fourteen (14) hours per day and the hours during which each shift is to be on duty shall be so divided, either by the shifts alternating from night to day shifts or otherwise so that neither shift shall be discriminated against in the number of hours during which the members thereof are required to be on duty. 14 hours maximum duty. Sec. 3. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed as repealing

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any of the provisions of any law or ordinances of the Cities affected by this Act allowing vacations to firemen. Vacations. Sec. 4. Be it further enacted by the authority aforesaid, That the word Firemen as used in this Act shall be construed to mean those persons employed by any city effected by this Act in any work in connection with the prevention and extinguishing of fires in said cities by the municipal governments. Fireman defined. Sec. 5. Be it further enacted, That on the date of the next regular election for Mayor and members of the City Council held in cities having a population of ten thousand seven hundred and eighty three (10,783) according to the Federal Census of 1920, an election shall be held submitting to the qualified voters of such cities the question of the adoption of the provisions of this Act. The Mayor and City Council of such cities shall appoint managers and clerks for holding said election and shall make all usual and necessary provisions for holding said election. The polling place or places shall be the same place or places in which all regular city elections are held and the Mayor and Council shall provide as many polling places as may be provided for holding regular City elections. Election to ratify. The expenses of holding such election shall be borne by the Cities covered by this Act and provisions for paying for the same shall be made by the Mayor and City Council. Said city election, except as herein otherwise provided, shall be held under such rules and regulations as have heretofore been fixed by law and as now exist for holding general elections in said cities and the qualifications of voters in said election, as to residence, registration, and other requirements shall be the same as that heretofore by law and as now exists for voting in any general City election in said Cities. Expenses. Those favoring the adoption of this Act will have

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written or printed on their ballots For two shifts of Firemen, and those opposing the adoption of this act shall have written or printed on their ballots Against two shifts of Firemen. Ballots. After the polls shall be closed, the said managers on the evening of said election, shall publicly count and consolidate the votes cast in said election and on the day succeeding said election, at the hour of four (4) o'clock P. M. said managers shall make return of said election under their hands and seals to the Mayor and council of said Cities at a special meeting of the said Mayor and City Council, which shall at that time be held. The return of said managers shall show the number of votes cast for the adoption of this Act and the number of votes cast against the adoption of this Act. If a majority of the votes cast in said election be FOR TWO SHIFTS OF FIREMEN, then all of the provisions of this Act shall, within sixty days after the date upon which said election is held, be of full force and effect, in the City in which the election is held, thereafter and declaration of such fact shall be made by the Mayor and City Council by resolution duly entered upon the minutes. If a majority of the votes cast in said election be AGAINST TWO SHIFTS OF FIREMEN the provisions of this Act shall be considered and held of no effect in Cities covered by this Act voting against its adoption. Provided, however, that should the Mayor and City Council of any City covered by this Act fail or refuse to call or cause to be held the election aforesaid or should the Mayor and City Council fail or refuse to hold a meeting on the next day succeeding the election, as herein provided, than and in that event this Act shall be deemed to have been ratified and shall go into effect within the time heretofore specified in this Act. Returns. Failure to hold election ratifies Act. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1925.

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FIREMEN'S PENSIONS IN CERTAIN CITIES; ACT OF 1924 AMENDED. No. 159. A Bill to be entitled an Act to amend an Act passed August 13, 1924, entitled an Act to provide that cities having a population of more than one hundred and fifty thousand (150,000) by the United States census of 1920, or any subsequent census 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 pensions, to provided that such cities shall levy a tax of one and one-fourth (1 1-4) 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 1-4) 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 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 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 on fire and lightning insurance taxes. To provide that this Act shall not repeal nor in any

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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 fund shall be prorated among the beneficiaries. To provide that none of the fund 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 workman's compensation act or other similar laws. To repeal conflicting laws and for other purposes, by striking from said title the words to provide that such cities shall use one-fifth (1-5) 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, and by striking therefrom the words one-fifth (1-5) the premium taxes on fire and lightning insurance companies and inserting in lieu of the words one-fifth (1-5) the words two-fifths (2-5) so that the title to said bill as amended shall read as follows: An Act to provide that cities having a population of more than one hundred and fifty thousand (150,000) by the United 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

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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 two-fifths (2-5) 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 1-4) 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-fourt (1 1-4) per centum shall be the limit which such cities shall be allowed to tax the premium 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 for future members, and two-fifths (2-5) of the premium tax on fire and lightning insurance taxes. To provide that this Act shall not repeal

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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 when a fireman has served twenty-five years and has not taken a pension; but is still in active service at the time of his death; his widow shall receive the pension he might have taken; during her widowhood. 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, that Section 10 of the Act approved August 13, 1924, Acts 1924, page 171, is hereby repealed and Section 10 of said Act shall read as follows: Act of 1924 amended. Sec. 10. A tax of one and one-fourth (1 1-4) 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

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in such cities, to be collected from and after the passage of this Act. Two-fifths (2-5) of the tax provided in this section shall go to aid, relief, and pension funds provided in this Act. New Sec. 10. Tax on insurance companies. Sec. 2. Be it further enacted, that there be added to said Act a section to be known as Section 14 (a) as follows: Be it further enacted that when any fireman who has served twenty-five years and is in active service at the time of his death dies, his widow shall receive the pension he might have taken; during her widowhood. Sec. 14(a) Widow's pensions. Sec. 3. Be it enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1925. FISCAL YEAR IN CERTAIN COUNTIES; ACT OF 1922 AMENDED. No. 312. An Act to amend an Act of the General Assembly of Georgia, approved August 15, 1922, published in Georgia Laws 1922, page 108, entitled an Act to authorize the authorities of certain counties of this state to prescribe by order the term and period of the fiscal year of such county, for which the annual taxes for said county are to be levied and expended, and to authorize said authorities to adjust the financial affairs of such county to this Act, and for other purposes by striking the figures 150,000 from the fourth line of Section 1 of said Act and substituting in lieu thereof the figures 100,000, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 15, 1922, entitled an Act to authorize the authorities of certain

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counties of this state to prescribe by order the term and period of the fiscal year of such county, for which the annual taxes for said county are to be levied and expended, and to authorize such authorities to adjust the financial affairs of such county to this Act, and for other purposes, be amended by striking from the fourth line of Section 1 of said Act the figures 150,000 and substituting in lieu thereof the figures 100,000, so that said section, when thus amended, shall read as follows: Act of 1922 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, counties of this state having a population of 100,000 or more by the United States census of 1920 or any future United States census or any official state census, may create, as herein provided, a fiscal year for such counties, which fiscal year so created, may cover a different period of time the calendar year, and for which fiscal year so created, taxes shall be levied and expended, in a manner now provided by law. Counties to which Act applies. Sec. 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925. FORESTRY LAWS REVISED. No. 217. An Act to revise and amend the Forestry laws of this State, so as to fix the terms of office of the members of the State Board of Forestry, to further prescribe their powers and duties; to provide for the appointment of a State Forester; to prescribe his powers and duties; to provide for the creation of State Forests,

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their care, management and control; to provide for the creation of a State Forestry Fund, and the purposes for which it may be expended; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that there is hereby created and established a State Board of Forestry to consist of the Governor, Secretary of State, State Geologist, Director of Extension at the State College of Agriculture, and of five citizens of the State who shall be appointed by the Governor as follows: One representing the Women's Civic Organizations of the State, and four representatives of the farming, lumbering, lumber manufacturing, naval stores, or timber land owning interest within the State of Georgia, who will be named with reference to geographical location. The meetings of said Board shall be held at the call of the Secretary of said Board with and by the approval of the President and at the place or places designated by him. The term of office of the representative of Women's Civic Organizations shall be one year, beginning on January 1st and ending December 31st, and the terms of office of the other four citizens members on said Board shall expire on the first day of January, 1927, 1928, 1929, 1930, respectively, the term of each to be designated by the Governor and their successors shall be appointed by the Governor for terms of four years, beginning on the day next following the last day of the expired term, except that any person chosen to fill an unexpired term shall be appointed only for the unexpired term of the member whom he shall succeed. So far as possible all appointees shall be selected with reference to their knowledge of and interest in the production and use of forest products in the industries of the State. Board of Forestry established. Personal. Meetings. Terms of office. Vacancies. The members of said Board shall receive no compensation for their service as such, but they shall be reimbursed

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for their reasonable expenses while engaged in the performances of their duties as members of said Board, out of the fund herein provided, upon the certificate of the Secretary of the Board, when approved by the Governor. Reimbursement for expenses. Sec. 2. Be it further enacted by the authority aforesaid, That the Governor shall be ex-officio chairman and president of said board, and the State Forester, herein after provided for, shall serve as Secretary of said Board, and shall be custodian of the books, records and papers of the said Board, which he shall keep at some point in Atlanta to be designated by the Board. Officers. The Board shall meet twice each year at Atlanta and may meet at such other times and places as may be designated by the Governor. Meetings. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Board provided for herein, to inquire into and make an annual report upon forest conditions in Georgia, with reference to preservation of forests, the effect of the destruction of forests upon the general welfare of the State, and all other matters pertaining to the subject of forestry and tree growth, including recommendations to the public generally as to reforestation, and approved methods of lumbering and turpentining. Reports. This report shall be made to the Governor, and shall be given such distribution as the Board, in its discretion, may think feasible. It shall further be the duty of said State Board to report to each regular session of the Legislature the result of its investigations, and to recommend necessary legislation with reference to forestry, if any, and to perform such other duties as may be imposed upon it by laws. It shall give such advice, aid, assistance, cooperation as may be practicable to Georgia land owners and forest users when requested, and promote, so far as it may be

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able, a proper appreciation in this State, among all classes of the population, of the benefits to be derived from forest culture and preservation. The Board shall have power to take action such as may be reasonable and profitable to prevent and suppress forest fires, to enforce any and all forest fire laws, and may, with the approval of the Governor, apply such parts of the Forestry Fund as may be necessary to such purposes, and to provide for such fire control as it may establish, either independently, or in cooperation with the Federal Government. Fire control. Sec. 4. Be it further enacted by the authority aforesaid, That the Board, at its first meeting if practicable, and at all events as soon as possible, shall employ a State Forester, who shall be a technically trained Forester with at least two years experience in technical and administrative work, and shall fix his compensation, and bond, subject to the approval of the Governor. Such person shall be charged with the duty of enforcing the provisions of this Act, and to perform all other duties that may be designated by the said State Board of Forestry, and may be removed by said Board if it is, or becomes, in its opinion, for any cause, unsuitable and incompetent. State Forester. The State Forester shall be provided with an office at a point in Atlanta to be fixed by the Board, and the furnishings of said office shall be paid for upon the requisition of the Secretary of the Board with the approval of the Governor. Office. Sec. 5. Be it further enacted by the authority aforesaid, That the Governor is authorized upon the recommendation of said Board, to acquire forest land by purchase approved by an Act of the Legislature, and to accept gifts of land to the State, the same to be held and administered by the State Board of Forestry as State Forests, and to be used as to demonstrate the practical

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utility of timber culture. Such gifts must be absolute, except the mineral and mining rights over and under said lands, (but no reservation of any timber in connection therewith) may be reserved, and except for a stipulation that they be held and administered as State Forests; and the Attorney General is hereby directed to see that all deeds of gift, or other grants to the State, of land mentioned above, are properly executed and convey good title before the gift is accepted. Acquisition of land. Reservation of mining rights. Sec. 6. Be it further enacted by the authority aforesaid, That it is the declared policy of this State to encourage reforestation of cut-over lands, and timber culture generally, on all lands not better suited for farming or other purposes. Policy of reforestation. Sec. 7. Occupation license or privilege tax required of persons or corporations engaging in any business dealing with timber or other products from the forests of this State, shall be separately reported by the official collecting the same, and when paid into the treasury shall be kept in a separate fund to be known as the State Forestry Fund, and the same shall be used for the administration of this Act, and the payment of the appropriations herein made. All monies going into said fund are hereby appropriated to said State Forestry Board for the purpose of administering this Act. All necessary expenses of the State Board shall be paid out of said fund on the requisition of the Secretary of the Board with the approval of the Governor. Timber licenses; Forestry fund. Sec. 8. Be it further enacted by the authority aforesaid, That all sheriffs, deputy sheriffs, constables, marshals, farm demonstrators, and such other persons as may be willing to serve without compensation, and who may be appointed by the Governor, are hereby declared to be deputy Forest Wardens, and it shall be their duty to report to the said State Board of Forestry, and to the Solicitor of the County and Circuit in which the same occurs, any violations of any provisions of this Act. Deputy Forest Wardens.

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Upon the appointment of such persons as aforesaid, there shall be issued to each of them by the Governor, a commission, for such term as the Board may determine, clothing said Deputy Forest Warden with authority to enforce the provisions of this Act as herein provided and to make summary arrests for violations of the Fire laws of Georgia as contained in Sections 227, 228, 229 and 230 of the Penal Code of 1910, and in case of such arrests, such Deputy Forest Warden shall immediately deliver the arrested party to the custody of the sheriff of the County wherein offense was committed. Arrests. Sec. 9. Provided, however, that any sums so allocated for any one calendar year not used by said Forestry Board in such year shall revert to and become a part of the general funds in the State treasury and thereby become available for payment of other appropriations. Surplus funds. Sec. 10. Be it further enacted by the authority aforesaid, That this Act shall take affect immediately upon its passage and its approval by the Governor, all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Effective on approval. If any section or part of this Act be declared unconstitutional, the remainder of said Act shall not thereby be affected but shall remain, in full force and effect. Approved August 14, 1925. GARNISHMENTS ON NON-RESIDENTS. No. 194. An Act to provide for the service of summons of garnishment upon non-resident individuals doing a regular business within this State and having an agent and place of business in this State, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and whenever an individual residing outside of this State is regularly engaged in business with in this State and has an agent and place of business in any county in the State, such non-resident individual shall be subject to the process of garnishment in any County in which he is so doing business and has such agent and place of business; and service of the summons of garnishment in such cases upon the agent in charge of the office or business of such non-resident individual in the county at the time of service shall be sufficient to require such non-resident garnishee to appear and answer as to all debts owing to the defendant and as to all property, moneys, or effects of the defendant in this State, coming into the hands of the garnishee or his agent. Service of garnishments. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are repealed. Approved August 11, 1925. GENERAL ASSEMBLY MEMBERS AND SUPERIOR COURT JUDGES; PRIMARY NOMINATION IN CERTAIN COUNTIES. No. 424. An Act to provide for the nomination in primaries of members of the General Assembly in counties of population of 200,000 or more and for nomination of Judges of the Superior Court in Circuits having a county or counties of population of 200,000 or more and for other purposes. Section 1. Be it enacted by the General Assembly and it is hereby enacted by authority of the same, that

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from and after the passage of this Act candidates for the General Assembly in all counties of population of 200,000 or more and candidates for Judges of the Superior Court in all judicial circuits having a county or counties of population of 200,000 or more, according to the last or any future census of the United States, shall, when qualifying for a primary, specify the particular incumbent which said candidate desires to oppose or succeed, and all ballots shall be prepared accordingly. The candidate receiving a plurality of the votes cast for candidates for such office shall be declared the nominee therefor. Specification of incumbent opposed. Sec. 2. Be it further enacted that all laws or parts thereof in conflict herewith are hereby repealed. Approved August 26, 1925. HIGH SCHOOLS, INSPECTION OF. No. 417. An Act to provide for the inspection and standardization of high schools under the control of the State Board of Education; to provide ways and means for said inspections; and for other purposes. Section 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 standardization of schools is a function of the State Department of Education, and the State Board of Education is hereby directed to elect from a nomination by the State Superintendent of Schools a High School Supervisor who can meet the same qualifications prescribed for the State Superintendent of Schools. It shall be the duty of the State High School Supervisor to inspect the various high schools of the State with a view to their proper classification and supervision under the State Board of Education

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and in accordance with standards set up by said Board. The State High School Supervisor shall serve as assistant to the State Superintendent of Schools in this and in other capacities as directed by the State Board of Education in making effective the school laws of the State and the regulations of said Board. High School Supervisor. Sec. 2. Be it further enacted by the authority aforesaid that the term of office of said High School Supervisor shall be fixed by the State Board of Education; that the salary shall be fixed by the said Board not to exceed four thousand dollars and necessary traveling expenses, which shall be paid out of the public school fund or other funds which said Board may have on hand at its disposal for the purposes specifed in this Act. Term of office and Compensation. Sec. 3. Be it further enacted that all the laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 26, 1925. HIGHWAY DEPARTMENT; ACT AMENDED. No. 344. An Act to amend an Act entitled, An Act to amend an Act entitled An Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof. To create a system of State Aid Roads and provide for the designation, maintenance, improvement and construction of the same. To create and provide for a State Aid Road and for the control and management thereof; to provide for the paving of said State Aid Road by the State, or in co-operation with the county or with the United States Government; to provide for assistance to counties upon the public roads thereof and retiring county road bonds, to assent to the provisions of the

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Act of Congress, approved July 11th, 1916, known as the Act to provide that the United States shall aid the State in the construction of rural post roads and for other purposes. To provide the right to condemn property for State Aid Roads in certain cases; to provide for a change in the manner of the selection of the Chairman and other members of the 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 Section 1 of the Act of the General Assembly of the State of Georgia, approved August 10, 1921, on page 200 of the Georgia Laws of 1921, be amended as follows: Act of 1921 amended. By striking out the figures and words in line three of said amendment, to-wit: 5,500 miles and substituting therefor the words and figures six thousand three hundred (6,300) miles. Limit of total mileage. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 21, 1925. HIGHWAY DEPARTMENTS; STATE AID ROADS. No. 454. An Act to amend an Act to reorganize and reconstruct the State Highway Department of Georgia, and to prescribe the duties and powers thereof, etc.; to create a system of state aid roads, and provide for the designation, maintenance, improvement and construction of the same; to create and provide for a state aid road fund, and for the control and management thereof; to provide for the paving of said state roads, by

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the state or in co-operation with counties, or with the United States Government; to provide for assistance to counties upon the public roads thereof, and in retiring county road bonds; to assent to the provisions of the Act of Congress approved July 11, 1916, known as the Act to provide that the United States shall aid the states in the construction of rural post-roads, and for other purposes; to provide the right to condemn property for state aid roads in certain cases; and for other purposes; by amending said act and acts amendatory thereto; to further define the powers and duties of the State Highway Department of Georgia, and to further define the powers and duties of the State Highway Board and the chief engineer of said department, and to provide for the fixing of salaries and necessary expenses of the members of said Board and employees, to provide that said Department shall be authorized to sue and be sued and to settle claims, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 1 of Article 3 of the Act of the General Assembly of Georgia and designated in the caption hereof, be and the same is hereby amended by striking therefrom after the words, highway board in the third line of Section 1 of Article 3 the following words: the state highway engineer and the staff of engineering and office assistants, and inserting in lieu thereof the following words, and such other subordinate employees including the chief engineer and other assistants as the Highway Board may deem necessary to carry out the provisions of this Act, so that such Section when thus amended, shall read as follows: That the State Highway Department of Georgia reorganized and reconstituted hereby, shall consist of the State Highway Board, and such other subordinate employees, including the chief engineer and other assistants as the Highway Board may deem necessary to carry out the provisions of this Act. Highway Department; assistants.

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Sec. 2. Be it further enacted, That the above recited Act defined in the caption hereof be and the same is hereby amended by striking all of paragraphs 1, 2, 3, and 4 of Section 3 and Article 3, and inserting in lieu thereof the following: The said Board shall employ a State Highway Engineer, who shall be a competent civil engineer, qualified by technical training as well as practical construction experience in highway work. The engineer shall hold office during the pleasure of the Board. He shall be allowed his necessary traveling expenses incurred in the performance of his duties while traveling in the State of Georgia without the County of Fulton, and without the State of Georgia, provided that before incurring any traveling expenses for trips outside the State of Georgia, he shall have the written direction of the Highway Board to incur such expense, which written direction shall be recorded on the minutes of said Board before incurring such expense. Said Board shall prescribe and fix the duties of the engineer, and shall provide the engineer with offices and sufficient equipment to discharge his duties as prescribed by the State Highway Board and this Act. The Board shall employ such other engineers, clerks, and assistants as may be needed, and at such salaries and for such terms as may appear necessary, and prescribe and fix their duties. So that said Section when amended shall read as follows: The said Board shall employ a State Highway Engineer, who shall be a competent civil engineer, qualified by technical training as well as practical construction experience in Highway work. The engineer shall hold office during the pleasure of the Board. He shall be allowed his necessary traveling expenses incurred in the performance of his duties while traveling in the State of Georgia without the County of Fulton, and without the State of Georgia, provided that before incurring any traveling expenses for trips outside the State of Georgia, he shall have the written direction of the Highway Board to incur such expense, which written direction shall be recorded

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on the minutes of said Board before incurring such expense. Said Board shall prescribe and fix the duties of the engineer, and shall provide the engineer with offices and sufficient equipment to discharge his duties as prescribed by the State Highway Board and this Act. The Board shall employ such other engineers, clerks, and assistants as may be needed, and at such salaries and for such terms as appear necessary, and prescribe and fix under this Act. Highway [Illegible Text]. Sec. 3. Be it further enacted, That Article 3 of said Act be further amended by adding after paragraph 3 of Section 3 of Article 3, the following paragraph to be known as paragraph four, as follows: Paragraph 4. That said Highway Board shall be the executive and administrative head of the State Highway Department of Georgia, with full power and authority and in full control of the Highway Department and all road work and highway work within this State as provided for under this Act. Board of control Highway Department. Sec. 4. Be if further enacted, That said Highway Department may sue and be sued or make settlement of all claims presented to it under oath. Suits by or against Board. Sec. 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 27, 1925. INSURANCE, FIRE AND CASUALTY; LICENSING OF AGENTS. No. 404. An Act to regulate the business of Fire and Casualty Insurance in this State, provide for the licensing of Agents and for the revocation or suspension of such

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licenses, 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. For the purposes of this Act an Insurance Agent is hereby defined to be an individual or a corporation or any member of a copartnership or association or any officer or agent of a corporation authorized by any insurance company lawfully qualified to transact business in the state to solicit, negotiate or affect contracts of insurance on behalf of any insurance company. All such agents shall thereby become liable to all the duties, requirements, liabilities and penalties herein provided, but this act shall not apply to any executive or traveling salaried employee or any such insurance company. The phrase company or insurance company shall include only insurance companies writing fire or casualty insurance or both. Insurance Agent defined. Company defined. Sec. 2. No insurance company admitted to do business in this State shall write or issue any fire or casualty insurance policy on any risk in this State except through a resident agent or resident agents licensed by the Insurance Commissioner of this State; nor shall any company or agent pay any remuneration or commissions for said business to any one except to an agent licensed by said Insurance Commissioner, provided however, that this section shall not apply to property of railroad companies and other common carriers. No person except as hereinafter provided shall be licensed as an Insurance Agent in this State except upon the application of a company authorized to do business in this State, which said application shall be accompanied by a certificate signed by an executive officer of such company and certifying that after inquiring into the facts the facts to the best knowledge, judgment and belief of such company, such person is of good character and is or expects to become bona fide engaged in the business of an insurance agent (as defined in this Act), that he has such moral and financial

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standing as to make it probable that he can carry on such an agency without detriment to the public, that he expects bona fide to serve the public and not to procure the license chiefly for the purpose of getting a rebate or commission on insurance written for himself or his family or some partnership or corporation in which he is interested or with which he is connected, and that he has such knowledge of the business and of the law and practices governing and relating to the same as will enable him to carry on the business in a competent manner and without detriment to the public. Agents licensed by insurance Commissioner. Sec. 3. A license to be known as a non-resident's license (to be good for one year from the date of its issuance) will be granted by the Insurance Commissioner to any non-resident of this State upon the written application of such non-resident certifying that he is regularly licensed by the Department of Insurance of the State in which he resides, and that he will not negotiate nor effect any contract of insurance on property in this State in whole or in part in any company not qualified to do business in this State, and upon payment to the Insurance Commissioner a fee of $10.00. Non-resident's license. Sec. 4. No corporation shall be licensed as an insurance agent unless its charter expressly authorized it to engage in that business and unless the company such corporation represented or is to represent certifies in the manner provided for in Section 2 hereof that some officer of said corporation is qualified to act as insurance agent; the name of such officer shall be stated in the license of such corporation and such license shall automatically expire as and when such officer so certified ceased to hold active connection with said corporation, but may be revived upon the substitution of some other officer of said corporation, duly certified to and licensed as provided in Section 2 hereof. Corporations licensed. Sec. 5. No agent or non-resident shall solicit or be instrumental in placing insurance upon any risk in this

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State except in a company or companies admitted to do business in this State; and the violation of this provision shall be sufficient cause for the revocation of such agent's or non-resident's license. Business, where placed. Sec. 6. The Insurance Commissioner may, upon his own motion, and must upon a written complaint signed by a citizen of this State and filed with the commissioner, inquire into any alleged illegal or improper conduct of any licensed insurance agent in this State, and any agent's license may be revoked or may be suspended by the Insurance Commissioner after giving such agent notice and opportunity to be heard, upon satisfactory proof that the agent has been guilty of immoral or illegal conduct or such practices as to render him unfit to carry on the business or to make his continuance therein detrimental to the public interests, or that he is no longer bona fide carrying on the business of an insurance agent, but holds his license chiefly for the purpose of securing rebates or commissions on insurance written for himself or his family or some partnership or corporation in which he is interested or with which he is connected, or that the license was improperly or improvidently granted. Notice to such agent shall be sufficient if given personally or by registered mail to the last known address of such agent or if the agent's address be unknown, by posting in the public office of the Insurance Commissioner in the State Capitol for ten days prior to the date of such inquiry. In connection with such inquiry, the Insurance Commissioner shall have the power to summon witnesses against any agent and shall, upon the application of such agent, summons his witnesses for the purpose of testifying at such inquiry. Investigation of agents; revocation of licenses. Rebates, etc. Sec. 7. The Insurance Commissioner may, upon his own motion, and must upon a written complaint signed by a citizen of this State and filed with the Commissioner, inquire into any alleged illegal or improper conduct of any licensed non-resident insurance agent in this State,

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and any non-resident's license may be revoked or may be suspended by the Insurance Commissioner after giving such non-resident notice and opportunity to be heard, upon satisfactory proof that the non-resident has been guilty of immoral or illegal conduct or such practices as to render him unfit to carry on the business or to make his continuance therein detrimental to the public interests, or that the licenses was improperly or improvidently granted. Notice to such non-resident shall be sufficient if given personally or by registered mail to the last known address of such non-resident or if the non-resident's address be unknown by posting in the public office of the Insurance Commissioner in the State Capitol for ten days prior to the date of such inquiry. In connection with such inquiry, the Insurance Commissioner shall have the power to summon witnesses against any agent and shall upon the application of such non-resident, summons his witnesses for the purpose of testifying at such inquiry. Revocation of licenses. Sec. 8. This Act shall supersede the provisions of Section 2445 (a) and 2445 (b) of Parks Annotated Code of Georgia of 1914, so far as relates to the business of fire and casualty insurance, except to the extent that the agent must first be designated by some company authorized to do business in this State as its agent before a license other than a non-resident license shall be issued to him. Code Section 2445 (a) and (b) superseded. Sec. 9. This Act shall go into effect from and after its passage, but shall not revoke any agent's license now in force; which license shall remain in force until the end of the year 1925 unless sooner revoked or suspended, as herein provided for, and until the holder shall have had opportunity to be designated and certified by the company he represents, as herein provided for, and until such designation and certificate are passed upon by the Insurance Commissioner. Current licenses not revoked. Sec. 10. Conflicting laws are repealed. Provided, nevertheless, nothing herein contained shall be construed as repealing or affecting the provisions of an Act approved

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August 17, 1923, entitled An Act to provide for the organization of, or the regulation and taxation of incorporated mutual cooperative fire insurance companies, providing a penalty for any violation hereof, and repealing all acts or parts of acts in conflict herewith; nor shall the provisions of this present Act apply to said companies or to their agents in the transaction of their business. Act of 1923 not affected. Provided, also, that mutual insurance companies licensed to do business in this State, which issue policies upon which no compensation is paid to a local agent in this State, shall be entitled to have their agents licensed on the application for the license and the payment of the license fee, and the requirements of Section 2 of this Act, as to the qualifications for agents to obtain license, shall not apply in such instances. Approved August 26, 1925. JURY COMMISSIONERS IN CERTAIN COUNTIES; COMPENSATION. No. 301. An Act to provide for the compensation of Jury Commissioners and their clerks in certain counties of the State of Georgia, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Jury Commissioners and their Clerks in all counties of this State having a population according to the United States census of 1920 of not less than 39,837 and not more than 39,845, shall be paid five dollars ($5.00) each for every day's service in revising the jury list. Said compensation to be paid from the county treasury. $5.00 per diem.

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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, and especially the conflicting portions of Section 1138 of the Penal Code of Georgia, be and the same are hereby repealed. Code Section 1138; conflicting portions repealed. Approved August 20, 1925. LAUNDERERS, CLEANERS, AND DYERS; LIENS FOR UNPAID CHARGES; SALE OF GOODS REGULATED. No. 423. An Act to authorize persons, firms, or corporations engaged in the business of laundering, cleaning, or dyeing any clothing, goods, wearing apparel, carpets, rugs or other such articles, to sell any such goods or articles remaining in their possession, upon which they have a lien for unpaid charges for services rendered thereon; to provide for the manner and conditions of making such sales, and the disposition of the proceeds thereof; to provide that the remedy provided by this Act for the satisfaction of such liens shall be cumulative of existing remedies, 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 whenever any clothing, goods, wearing apparel, carpets, rugs, or other such articles shall remain in the possession of any person, firm or corporation in this state engaged in the business of laundering, cleaning or dyeing such articles, for a period of ninety days after such person, firm or corporation has performed any services thereon in laundering, cleaning or dyeing the same, without the agreed price, or the reasonable value of such service being paid, such goods or articles may be sold by the person, firm or corporation having performed such service

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for the satisfaction of the lien of such person, firm or corporation performing such service. Sale of goods after ninety days. Sec. 2. Be it further enacted, that before any sale shall be made as provided in Section 1 hereof, the person, firm or corporation making such sale shall give ten days notice thereof by posting a notice of such sale before the Court House door of the County in which such services were performed, giving the name of the owner of such goods, if known, and if not known, the name of the person from whom such goods were received, a description of the goods to be sold, the time and place of sale and the amount of the charges for which such goods or articles will be sold and the name of the person, firm or corporation having possession of such goods or articles and proposing to make such sale. Notice. Sec. 3. Be it further enacted, that all sales made under the provisions of this Act shall be made at public outery, before the Court House door of the county where the person, firm or corporation making such sale had his place of business at the time of receiving the goods sold, and during the hours provided by law for holding Sheriff's sales. Sales. Sec. 4. Be it further enacted, that the proceeds of any sale made under the provisions of this Act shall be applied first to the payment of the lien for services rendered by the person, firm or corporation making such sale for its services in laundering, cleaning or dyeing the articles sold, and the residue, if any shall be paid to the owner of the goods sold on demand. Proceeds. Sec. 5. Be it further enacted, that the method of satisfaction of the lien referred to in this Act shall be cumulative of any other remedies provided by law for the foreclosure or satisfaction of such liens. Other remedies cumulated. Sec. 6. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.

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Approved August 26, 1925. MOTOR BUSSES, ETC., LEASING OF BY STREET RAILWAY COMPANIES. No. 421. An Act to amend an Act approved August 13, 1924, entitled 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 busses or trackless trolleys, and for other purposes so as to enable electric street, suburban, or interurban railroad companies, to acquire, own, lease and operate motor busses 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 the authority of the same that Section 1 of an Act approved August 13, 1924, entitled 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 busses or trackless trolleys, and for other purposes, be and the same hereby is amended by inserting between the words in addition to the powers they now have and the words to purchase, acquire, own the following words, to-wit: to purchase, acquire, own, hold, lease, operate, mortgage, sell, assign, transfer, pledge, or otherwise dispose of motor busses or trackless trolleys, and so that said section when amended shall read as follows: Act of 1924 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that all electric street, suburban or interurban

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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, lease, operate, mortgage, sell, assign, transfer, pledge, or otherwise dispose of motor busses or trackless trolleys, and, to purchase, acquire, own, hold, mortgage, sell, assign, transfer, pledge or otherwise dispose of the capital stock, bonds or other securities or evidences of indebtedness of corporations organized to own and operate motor busses or trackless 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. Sec. 1 read. Disposition of busses and trackless trolleys. Provided, nevertheless, that nothing herein contained shall be construed to confer upon any person or corporation any exclusive or irrevocable right or franchise to operate any motor busses or trackless trolleys upon the public highways of this State nor upon the public streets, lanes or alleys of any municipality, as the case may be; and such person or corporation shall in reference to the operating of such motor busses and trackless trolleys be subject in addition to its other occupation taxes or other taxes or assessments, to the same occupation or other taxes as those engaged exclusively in the business of operating motor busses or trackless trolleys; and this Act shall not be construed to confer any right to use the public streets, lanes or alleys of any municipality of this State unless its consent first obtained; and such municipality, shall have no authority to confer any irrevocable right to such companies to use such public streets, lanes or alleys. No exclusive right granted. Occupation tax. Sec. 2. And such motor busses and trackless trolleys when operating by any such railroad company shall be subject to the rules and regulation of the Public Service Commission of Georgia that may now be in force or hereafter promulgated. Regulation of Public Service Commission. Sec. 3. Be it further enacted that all laws and parts of

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laws in conflict with this Act be and the same are hereby repealed. Approved August 26, 1925. NATIONAL GUARD; RETIREMENT OF CERTAIN OFFICERS. No. 401. An Act to amend an Act of the General Assembly of 1916 approved August 21st, 1916, contained in the published Acts of the General Assembly of 1916 on page 158, et seq., which provided for the reorganization of military forces of Georgia and for other purposes, by adding a proviso to Section 35 of said Act providing for the retirement of officers of the National Guard of Georgia who were mustered or called into the Federal service during the World War and later honorably discharged, and without having first returned to the State services, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Section 35 of the Act reorganizing the military forces of Georgia, approved August 21st, 1916, be and the same is hereby amended by adding thereto the following proviso, to-wit: Act of 1916 amended. And provided further that officers of the National Guard of Georgia mustered or called into the military service of the United States during the World War and later honorably discharged from said Federal service without first returning to the State service, may enjoy the privileges of retirement under the provisions of this Act, and in the same manner as if such officer or officers had been discharged from active duties with the National Guard of Georgia, and the date of appointment of the commission to such retired officer or officers shall date

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from the time of the honorable discharge of such officer or officers from the military service of the United States so that said section when so amended shall read as follows, to-wit: 35. Retired Officers. All officers on the active list shall be honorably retired from the military service upon reaching the age of sixty-four (64) years; and any officers of the National Guard of this State who has served as such for not less than ten years, or who has served in the ranks and in the commission for not less than fifteen years may, upon application approved by the Governor, be honorably retired from active service with the highest rank, brevet or otherwise, that he has held in service of the State; provided, that any officer who discharges or has discharged the duties of a higher grade for a period of not less than four consecutive months, under special assignment from the Governor, may when retired be retired with the rank of said higher grade, and provided, further, that officers who have served twenty years or more in the National Guard of this State shall, upon application for retirement, be retired with a rank one grade higher than the highest rank held by them during their term of service; and provided further, that any officer who has served in the military forces of this State between the years 1865 and 1900 and not now in the active service of the State can, upon his application being first approved by the Governor, be placed upon the retired roll and commissioned as prescribed above for officers from the active list, and such officer shall have such rights, privileges, immunities and exemptions as are hereafter prescribed, and shall be entitled to wear upon all proper occasions the uniform of his rank; provided, that the time of service in the Confederate States Army or Navy or in the United States Army or Navy, as a volunteer of this State, subsequently to 1870, shall be counted double in computing service, and that the service herein required need not be continuous, but must have been honest and

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faithful; and all such retired officers, shall, with their consent, be available for active duty on all boards, courtsmartial, superintendents of elections, and they shall perform such other duties, except to command troops, as may be from time to time assigned by the Governor. All officers hereafter retired under the provisions of this law, shall be commissioned without examination, as officers of the National Guard of Georgia Retired or of the Naval Militia of Georgia Retired as the case may be, except aides-de-camp to the Governor, who shall be retired as provided, and commissioned as Retired aides-de-camp stall of the Governor of Georgia. Officers retired from active duty with the grade actually held by them in active service at the date of retirement, shall be commissioned to rank from the date of rank held in active service, and officers retired with a higher grade than that actually held by them in active service at the date of retirement, shall rank from the date of their retirement. And provided further that officers of the National Guard of Georgia mustered or called into the military service of the United States during the World War and later honorably discharged from said Federal service, without first returning to the State service, may enjoy the privileges of retirement, under the provisions of this Act, and in the same manner as if such officer or officers had been discharged from active duties with the National Guard of Georgia, and provided further that the length of service in the National Guard of Georgia and in such military service of the United States combined entitles such officer or officers to retirement under the provisions of this Act. That date of appointment of the commission to such retired officer or officers shall date from the time of the honorable discharge of such officer or officers from the military service of the United States. Sec. 35 read. Officers retired from Federal service. 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 26, 1925.

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NO FENCE ACT OF 1921 REPEALED. No. 350. An Act to repeal an Act approved August 1st, 1921, entitled An Act to prevent people who live in a Militia District that has the no-fence law, from voting in any county election for no-fence, held in such county; to provide that such election shall in no way affect or change the law in such district; to provide that this bill shall apply to counties having not less than 11,450 population nor more than 11,500 population according to the census of 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 of this Act the Act of the Legislature found in Acts of 1921 page 190, entitled an Act to prevent people who live in a Militia District that has the no-fence law, from voting in any county election for no-fence, held in such county; to provide that such election shall in no way affect or change the law in such district; to provide that this bill shall apply only to counties having not less than 11,450 population nor more than 11,500 population according to census of 1920, and for other purposes be and the same is hereby repealed. Act of 1921 repealed. Sec 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1925. NON-PAR STOCK, ISSUE OF REGULATED. No. 382. An Act to alter, amend and revise the several laws authorizing

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and regulating the issuing of non-par stock by corporations of this State, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia That Every corporation having capital stock heretofore or hereafter incorporated under the laws of this State, whether by the secretary of state, by act of the General Assembly or by the Superior Court (including corporations with powers derived from two or more of such sources), except an insurance, banking or trust company, may, upon its organization or thereafter in the manner hereinafter provided, create shares of stock with or without par value and may create two or more classes of stock with such preferences, voting powers, restrictions and qualifications thereof as shall be designated in its petition, declaration or other application for incorporation, or be subsequently determined upon in the manner hereinafter provided; Provided that before any corporation shall avail itself of the provisions of this Act it shall procure appropriate corporate authority therefor, in the manner provided by law, and the Secretary of State and the Superior Courts are hereby authorized to grant such powers to the several classes of corporations of which they now have jurisdiction to grant or amend charters; Provided further that no preferred stock may be issued or offered for sale by any corporation availing itself of the provisions of this Act; Provided further that there shall be but one class of common stock, each share of which shall stand upon an equality with every other share; Provided further that before any such corporation can begin business as a corporation there must be at least $1,000.00 paid in for such non-par value common stock either in cash or in tangible assets at their fairly appraised valuation. Stock of certain corporations. Preferred and common stock. Assets for non-par stock. Sec. 2. Be it further enacted that the provisions of law relating to the issue of shares of capital stock with

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par value, including in the case of a corporation under the jurisdiction of the Georgia Public Service Commission the laws creating and defining the duties and powers of said Commission, shall, save as herein otherwise provided, apply also to the issue of shares without par value. A corporation may issue and dispose of its authorized shares without par value for such consideration as may be authorized or prescribed in its charter or certificate of incorporation or amendments thereof; or, if there be no provision therein with respect thereto, then for such consideration as may be fixed by the stockholders at a meeting duly called for that purpose, or by the board of directors when acting under general or special authority granted by the stockholders, or under general authority conferred by the charter or certificate of incorporation or amendments thereof. Any and all shares without nominal or par value issued for the consideration prescribed or fixed in accordance with the provisions of this section shall be fully paid and not liable to any further call or assessment thereon, nor shall the subscriber or holder be liable for any further payment. Par stock laws application to non-par stock. Sec. 3. Be it further enacted that, every corporation of the character included in Section 1 hereof having shares with par value, whether issued and outstanding or only authorized, may at a meeting duly called for the purpose, by the vote of a majority of all its stock entitled to vote, or, if two or more classes of stock have been issued, of a majority of each class outstanding and entitled to vote, including in any event a majority of the outstanding stock of each class affected, change such shares of any class thereof into an equal or greater number of shares of the same class without par value, or provide for the exchange thereof pro rata for an equal or greater number of shares without par value; provided that all shares in any one class shall be changed or exchanged on the same basis and provided further that the preferences, restrictions and qualities of the outstanding

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shares so changed or exchanged shall not be otherwise affected, nor the relative voting powers of the different classes of shares be altered. Change of par stock into non-par stock. Sec. 4. Be further enacted that, upon the organization of any corporation having shares of stock without par value, the petition, declaration or other application for incorporation required by law shall state, in addition to other matters required to be stated, (a) the number of shares with par value and the number of shares without par value that may be issued and the designation of the classes, if any, into which such shares are divided; (b) the par value of the shares, if any, other than the shares to be without par value; and (c) if there are to be two or more classes of stock, a description of the different classes including a statement of the respective preferences, restrictions and qualities thereof. [Illegible Text] for [Illegible Text]. Sec. 5. Be it further enacted that, any law requiring that the amount or par value of the capital stock of a corporation be stated in any certificate, report or other instrument shall be deemed to be complied with so far as shares without par value are concerned by stating with respect to such shares the number authorized, issued or to be issued as the case may be and that they are without par value. Statements as to non-par stock. Sec. 6. Be it further enacted that, a meeting duly called for the purpose as that phrase is herein used shall mean a meeting of the stockholders called and notified for the purpose in the manner prescribed by the by-laws of the corporation concerned; and unless required by the by-law, no publication of the call or notice in any newspaper shall be necessary. Meeting duly called for the purpose. Sec. 7. Be it further enacted that, all laws and parts of laws in conflict herewith are hereby repealed. Approved August 22, 1925.

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NORTH GEORGIA AGRICULTUAL COLLEGE; PRESIDENT OF ALUMNI ASSOCIATION AS TRUSTEE. No. 170. An Act to make the president of the Alumni Association of the North Georgia Agricultural College at Dahlonega an ex-officio member of the Board of Trustees of said college, thus adding one more member to the Board. 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 President of the Alumni Association of the North Georgia Agricultural College at Dahlonega shall be and become an ex-officio member of the Board of Trustees of said college, with all the rights, powers and privileges now enjoyed by the present members of said Board of Trustees, thus adding one member to Board as at present constituted. Member added to Board. Sec. 2. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 7, 1925. POLICE PENSIONS IN CERTAIN CITIES. No. 142. An Act to provide that cities having a population of more than one hundred and fifty thousand (150,000) by the United States census of 1920 or in a subsequent census shall furnish aid and relief and pensions to regular members of police department, but not to supernumeraries, now in active service and whose names are on the payrolls of such departments: to

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future members and their dependents in specified cases. To provide how such members who have served 25 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 in case of sickness or accident resulting from such service. To provide for the relief dependents shall be paid in case of death of any such members resulting directly or indirectly from such service, and to provide for widow and children of deceased policemen and pensioners. To provide that fifteen per cent of all fines and forfeitures coming in the recorder's court in such cities and fifteen per cent of the total of horse sales or property brought in by policemen shall be set apart by such cities to constitute a part of the funds to pay such relief and pensions. To provide that such Cities levy a tax of one per centum (1%) on the salaries of such members of the police force to pay in part such reliefs and pensions. To provide that fifteen per centum of all money brought in by such police forces shall be set aside to pay in part such reliefs and pensions. To provide how such funds shall be collected deposited, and managed for the members of such police departments now in active regular service and whose names are on the payroll of such departments. To provide how disabled members of the police department may receive pensions or relief. To create a board of trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that this Act shall not repeal nor in anywise effect any beneficiary or pensioner who was receiving pension or municipal aid prior to the passage of this Act. To provide that the board of trustees shall make all necessary rules for carrying out the terms of this Act. To provide that in case there shall be at any time

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less funds on hand than are needed to carry out the terms of this Act, 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 or be affected by any workman's compensation law 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 police departments who are in active service at the time of the passage of this Act and whose names are on the payroll 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. Pension funds. Sec. 2. Be it further enacted that every regular member, but not supernumerary of such police 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 right, retire from active service, provided he shall have served twenty-five (25) years in active service at the time of his retirement. Retirements. Sec. 3. Be it further enacted that any member of such 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 who shall be injured or whose health

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shall become permanently impaired to such an extent as to render him totally disabled directly or indirectly 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. 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. Pensions for retired members. 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. For disabled members. 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 police department and two members of the police dpartment to be elected by the members of said department in active service on the first Tuesday 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 police department to be permanent members of the board. Board of Trustees.

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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 Thursday following the first Tuesday 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. Duties. 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 the police department 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 on salaries. Sec. 10. The city treasurer shall keep separate and apart from other monies in his possession the funds so raised for the sole uses mentioned in this Act and subject to the orders of said board of trustees. Pension funds Sec. 11. 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 policeman to 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 member of police department shall keep a strict account of the disbursements and receipts of all funds which shall be open at all times to public inspection. Expenses of temporary illness.

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Sec. 12. 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 proceedings shall be had as that to determine the condition of a disabled member of police department set forth in Section three (3) hereof. The decision shall be final. Members not wishing to retire. Sec. 13. The city attorney shall without extra compensation render such legal service as such board of trustees shall require. City attorney. Sec. 14. 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. Surplus funds. Sec. 15. Be it further enacted that none of the funds herein mentioned shall be subject to attachment, garnishment, judgment; nor shall be assignable; but shall be paid in cash to the beneficiary if so requested by him or her. Funds not assignable. Sec. 16. Be it further enacted that if any part or section 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. Act unaffected if portion unconstitutional. Sec. 17. 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. Current pensions not affected. Sec. 18. Be it further enacted that the plan and purpose of this Act is to furnish aid, relief and pension to aged and disabled members of the police who are now or may be in the future in the service of such departments and on the pay roll of such departments and to their dependents. That the taxation herein provided is a part

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of the general purpose of this Act to accomplish this end. Purpose of this Act. Sec. 19. Be it further enacted that when any policeman who has served twenty-five years, and who has not taken a pension but has remained in active service, dies; his widow and minor children shall receive his pension until such widow shall remarry and until such minor children shall have reached the age of sixteen years. Limit of time o payment to dependents. Sec. 20. Provided this Act shall not affect or be affected by any workman's compensation law, or other similar laws. Workmen's compensation Law unaffected. Sec. 21. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 6, 1925. POLICE PENSIONS IN CERTAIN CITIES. No. 282. An Act to provide that cities having a population of more than one hundred and fifty thousand (150,000) by the United States census of 1920 or in a subsequent census shall furnish aid and relief and pensions to regular members of the police department, but not to super-numeraries, now in active service and whose names are on the pay rolls of such departments; and to future members and their dependents in specified cases. 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 in case of sickness or accident resulting from such service. To provide for the relief dependents shall be paid in case of death of any such members resulting directly or indirectly from such service, and to provide for widow and children of deceased policemen and pensioners. To

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provide that fifteen per cent. of all fines and forfeitures coming in the recorder's court in such cities and fifteen per cent. of the total of old horse sales or property brought in by policemen shall be set apart by such cities to constitute a part of the funds to pay such relief and pensions. To provide that such cities levy a tax of one per centum (1%) on the salaries of such members of the police force to pay in part such reliefs and pensions. To provide that fifteen per centum of all money brought in by such police forces shall be set aside to pay in part such reliefs and pensions. To provide how such funds shall be collected, deposited and managed for the members of such police departments now in active regular service and whose names are on the pay roll of such departments. To provide how disabled members of the police department may receive pensions or relief. To create a board of trustees and provide for their selection and election to manage, deposit, receive and disburse said funds under certain conditions. To provide that this Act shall not repeal nor in any wise effect any beneficiary or pensioner who was receiving pension or municipal aid prior to the pasage of this Act. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that in case there shall be at any time less funds on hand than are needed to carry out the terms of this Act, 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 or be affected by any workman's compensation law or other similar laws. 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 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 police 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. Pension fund. Sec. 2. Be it further enacted that every regular member, but not supernumerary of such police 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. Retirements. Sec. 3. Be it further enacted that any member of such department who is in active service at the time of the pasage of 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 directly or indirectly 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. 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

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widow and children shall draw his pension as herein provided in case of death of member of such department. Pensions for retired members. 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. For disabled members. Sec. 6. Be it further enacted that there is hereby established to serve without pay, a board of trustees whose duty 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 police department and two members of the police department to be elected by the members of said department in active service; on the first Tuesday in September every year after the pasage 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 police department to be permanent members of the Board. Board of trustees. 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 Thursday 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 funds 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. Duties. 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 the police department in active

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service at the time of the passage of this Act monthly; and the city treasurer shall retain that amount from their salaries. Tax on salaries. Sec. 10. Be it further enacted that fifteen (15) per cent. of all fines and forfeitures coming in the recorder's court in such cities, and fifteen (15) per cent of the total of old horse sales or property brought in by policemen shall be set apart by such cities to constitute a part of the fund to pay such relief and pension. Other sources of relief funds. Sec. 11. The city treasurer shall keep separate and apart from other monies in his possession the funds so raised for the sole uses mentioned in this Act, and subject to the orders of said board of trustees. Funds. Sec. 12. 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 policeman to 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 member of police department and a strict account of the disbursements and receipts of all funds shall be open at all times to public inspection. Expenses of temporary illness Sec. 13. 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 prceeeding shall be had as that to determine the condition of a disabled member of police department set forth in Section three (3) hereof. The decision shall be final. Members not wishing to retire. Sec. 14. The city attorney shall without extra compensation

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render such legal service as such board of trustees shall require. City attorney. Sec. 15. 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. Surplus funds. Sec. 16. Be it further enacted that none of the funds herein mentioned shall be subject to attachment, garnishment, judgment; nor shall be assignable; but shall be paid in cash to the beneficiary if so requested by him or her. Funds not assignable. Sec. 17. Be it further enacted that if any part or section 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. Act unaffected i portion unconstitutional. Sec. 18. 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. Current pensions not affected. Sec. 19. Be it further enacted that the plan and purpose of this Act is to furnish aid, relief and pension to aged and disabled members of the police department who are now or may be in the future in the service of such department and on the pay roll of such department; 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. 20. Be it further enacted that when any policeman who has served twenty-five years, and who has not taken a pension but has remained in active service, dies; his widow and minor children shall receive his pension until such widow remarry and until such minor children shall have reached the age of sixteen years. Limit of time of payment to dependents. Sec. 21. Provided that this Act shall not affect or be affected by any workman's compensation law, or other similar laws. Workman's Compensation Laws unaffected.

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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 18, 1925. PUBLIC DEBT BOND ISSUE AUTHORIZED. No. 386. An Act to authorize the Governor of the State to issue bonds of the State to the amount of $228,000.00, and negotiate such bonds for the purpose of raising money with which to pay off that portion of the public debt which falls due July 1, 1926, and to give the Governor any necessary authority in connection therewith, and for other purposes connected therewith. Section 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That the Governor be, and he is hereby authorized and empowered to issue negotiable bonds of the State in an amount not to exceed the sum of Two Hundred Twenty-eight Thousand Dollars ($228,000.00) par value, or so much thereof as may be necessary when added to the funds now in the Treasury from the sale of public property of the State will make a total of Two Hundred Thirty Thousand Dollars ($230,000.00) and to negotiate such bonds for the purpose of raising money to pay off that portion of the principal of the public debt falling due July 1, 1926, amounting to Two Hundred Thirty Thousand Dollars ($230,000.00). Said bonds are to be issued and negotiated at such times and in such amounts not exceeding in the aggregate the sum of two hundred twenty-eight thousand dollars ($228,000.00), as the Governor may, in his discretion see proper and in order to meet the wants of the State. Governor authorized to issue bonds.

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The Governor may make such temporary binding agreement to deliver such bonds as may be necessary, and the bonds signed by the Governor exercising the functions of that office, whether prior to or after the first day of July, 1926, shall be binding and of full force and effect and such binding force shall equally belong to the other officers required to sign such bonds who may be in office at the time the Governor signs such bonds. Said bonds are to be of the denomination of One Thousand Dollars ($1,000.00), and shall bear interest at a rate not exceeding 4 3/4% per annum, the interest payable semi-annually, the principal of such bonds to mature July 1, 1946. Agreements to deliver. Denomination. Rate of interest maturity. The principal of such bonds shall be payable at the office of the Treasurer of the State in the City of Atlanta, Georgia, and the interest shall be payable at the office of the Treasurer of the State and or in the State of New York, at such place as the Governor may designate. Said bonds shall be signed by the Governor and Secretary of State, and countersigned by the Treasurer of said State and on its behalf. To each of said bonds shall be attached coupons for the interest, and upon each coupon shall be engraved, printed or lithographed the signature of the Treasurer of the State for it and on its behalf. Each coupon may be redeemed at the Treasury or place designated for payment, without being accompanied by the bond to which it belongs. The Bonds shall not be sold or disposed of for less than their par values. Principal, where payable. Form of bonds. Sec. 2. Be it further enacted, that in order to facilitate the sale and negotiation of such bonds the Governor, exercising his discretion as to terms and conditions, may give notice by publication in such place or places and for such length of time as he may see proper, of his intention to issue said bonds and he may invite bids for the same, and the lowest rate of interest at which the bidder will take such bonds, or any portion thereof, provided nothing herein provided shall be held or construed to limit the

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Governor to this method of sale and negotiation, but he may reject any and all bids made in response to such published notice, and in his discretion may proceed to re-advertise as often as he may see fit, and may proceed to dispose of such bonds or such portion as he deems advisable by private negotiation, if in his judgment the best interest of the State shall demand such a course. Publication and sale. Sec. 3. Be it further enacted, that if said bonds be sold at a premium the entire amount of such premiums shall be added to and become a part of the sinking fund, devoted to and to be used solely and exclusively in payment and reduction of the principal of the public debt of the State, or such premium may be applied and used to lessen the amount of bonds sold, in the discretion of the Governor. [Illegible Text]. Sec. 4. Be it further enacted, that the Governor is hereby authorized to issue upon such terms and under such regulations as he may from time to time prescribe, not inconsistent with existing laws, registered bonds, in lieu of and in exchange for any bonds authorized to be issued in pursuance of the provisions of this Act. Such registered bonds shall be similar in all respects to the bonds authorized to be issued by the provisions of this Act except they shall not be coupon bonds, and the principal and interest shall be payable only at the Treasury of the State. Said registered bonds shall bear interest at a rate not exceeding 4 3/4% per annum, payable semi-annually. Said bonds shall be transferable on the books of the Treasury of the State, in person or by power of attorney, the form of which shall be as follows: Registered bonds. For value received..... assign to..... the within registered bond of the State of Georgia, Number..... of the denomination of $1,000.00 and..... hereby authorize the transfer thereof on the books of the Treasurer of the State of Georgia. Dated..... State of..... County of..... Signature of assignor, town of..... Form

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Personally appeared before me the above named assignor. Known or proved to be the..... payee of the within bond and signed the above transfer and acknowledged the same to be his free act or deed. Witness my hand, official signature and seal this..... day of..... 19... Said power of attorney shall be executed in the presence of any Judge of a Court of Record in this State, a Justice of the Peace or Notary Public, when the power of Attorney is executed in this State and if executed out of the State, then in the presence of any Commissioner of Deeds for the State of Georgia, resident in the State of the Assignor, or Ordinary or Judge of the Probate Court, or like officer of the county of the residence of the assignor. Be it further enacted, that there be endorsed on each of the bonds issued in pursuance of this Act the following extracts from the Constitution of this State, viz: Extracts from State Constitution to be endorsed on bonds. The proceeds of the sale of the Western and Atlantic Railroad held by the State and any other property owned by the State whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatever, so long as the State has any existing bonded debt. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses and interest on the public debt, the sum of one hundred thousand dollars, which shall be held as a sinking fund to pay off and retire the bonds of the State which have not yet matured and shall be applied to no other purpose whatever. Be it further enacted, that all bonds, whether coupon or registered bonds, issued under the provisions of this Act, shall be exempt from all taxation by or under the authority of this State or any municipal, county or authority whatsoever. Bonds exempted from taxation. Sec. 5. Be it further enacted, that all laws or parts of

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laws in conflict with this Act be, and the same are hereby repealed. Approved August 25, 1925. PUBLIC LIBRARIES IN CERTAIN COUNTIES. No. 342. An Act to authorize the Ordinary or other officers having charge of county affairs in certain counties of this State to appropriate funds to support a public library. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act in all counties of the State of Georgia which according to the census of 1920, had a population of not less than twenty-four thousand five hundred thirty people and not more than twenty-four thousand five hundred fifty people, the Ordinary, County Commissioner or other officer having charge of county affairs, shall be authorized to appropriate such sum, not exceeding six hundred dollars per annum, as said Ordinary or County Commissioner shall deem necessary for the support of a public library in said county, said sum of money being paid over to a public library to be maintained by the county, or to be paid over to a corporation operating a library to which the public of said county have access. Annual appropriation. Sec. 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Approved August 20, 1925.

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RECOVERY OF TAXES ASSESSED BY UNITED STATES GOVERNMENT; EMPLOYMENT OF COUNSEL APPROVED. No. 396. An Act approving the employment of Frank Harwell and Clifford L. Anderson and authorizing the filing and prosecution of a claim or suit in the name of the State of Georgia against the United States of America, for the recovery of taxes heretofore illegally assessed against citizens and residents of the State of Georgia and paid by them, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Governor be and he is hereby authorized and directed when and as permitted by Act of Congress to present, file and prosecute in the name of the State of Georgia any claim or suit deemed by him and his counsel necessary and appropriate against the United States of America and to prosecute the same to conclusion, for all monies heretofore paid illegally into the Federal Treasury as a direct tax upon property situated in the State of Georgia. Governor authorized to prosecute claim. Sec. 2. Be it further enacted by the authority aforesaid, that the employment by the Governor, under written contract dated October 20, 1919, as authorized by the General Assembly of Georgia by a resolution approved Aug. 18, 1919, of Frank Harwell and Clifford L. Anderson having heretofore been made, the Governor is authorized to accept under said employment the services of said counsel and their associates for the presenting, filing and prosecution of any such claim against the Federal Government. Counsel. Sec. 3. Be it further enacted by the authority aforesaid, that counsel so employed shall be authorized in conjunction with counsel employed by other states to propose

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such legislation to the Congress of the United States as may be fitting and necessary to the presentation, filing and prosecution of said claim and for the payment of such monies into the Treasury of the State of Georgia. Legislation proposed to Congress. Sec. 4. Be it further enacted by the authority aforesaid, that all monies so collected from the Government of the United States shall be paid into the Treasury of the State of Georgia and, after payment of counsel fees as authorized by the contract hereinbefore referred to, shall be held by the State for a period of five years in trust for the claimants of such funds. To hold money in trust as State Treasury. Sec. 5. Be it further enacted by the authority aforesaid, that upon receipt of such funds from the United States by the Treasury of the State of Georgia it shall be its duty to give notice to all claimants thereof by publication once each week for a period of four successive weeks in a newspaper or newspapers published in each county, and if no newspaper is published in such county then in some newspaper having a circulation in such county, and shall in said publication notify all claimants to present their claims in writing by filing them with the Treasurer of the State of Georgia, and such notice shall warn all claimants and persons interested in said monies that failure so to file their claim within a period of two years from the date on which said monies were paid into the Treasury of the State of Georgia shall forever bar their right to such funds or any part thereof, and that in default of the filing of such claims such funds shall escheat to and become the absolute property of the State of Georgia. Notice to claimants. Sec. 6. Be it further enacted by the authority aforesaid, that all claimants to such funds shall file their claims in writing to the Treasurer of Georgia on such forms as shall be provided by him and shall submit their proofs and evidence to a Commission to be known as The Direct Tax Commission, which is hereby created and which shall be composed of the Governor, State Treasurer and

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the Comptroller General. Each claim approved by said Commission shall be certified by it to the Treasurer for payment to the Claimant or his order. The Treasurer shall pay all claims, so certified, less claimant's pro rata part of counsel fees herein mentioned, out of the funds so collected from the Government of the United States and held in trust for such purpose. Either such claimant or the State of Georgia through its Attorney General may appeal from the decisions of the Direct Tax Commission to the Superior Court of Fulton County, Georgia, and exceptions may be taken and allowed in said court, and issues of fact, if any, passed upon as in other cases in said Court, and writs of error sued out therefrom as in other cases. Filing of claims. Payments. Sec. 7. Be it further enacted by the authority aforesaid, that upon the receipt of said monies by the State of Georgia, and when and as received counsel fees shall be paid out of the same by the Treasurer of the State of Georgia, as authorized by the contract heretofore made between the State and its counsel, and claimant's right shall be subject to their pro rata share of fees so paid, and upon the receipt of said monies or portion thereof by the State of Georgia the Governor of the State of Georgia is hereby directed to issue a warrant or warrants upon the Treasurer of the State of Georgia for said counsel fees which warrants the said Treasurer upon presentation to him shall pay out of said monies. Warrants for counsel fees. Sec. 8. Be it further enacted by the authority aforesaid, that at the end of a period of five years from the date on which said money so collected from the United States shall be paid into the Treasury of the State of Georgia said funds, after payment of counsel fees hereinbefore mentioned, to the extent to which no claims have been filed and approved against same, shall escheat to and become the absolute property of the State of Georgia. Said funds remaining after paying said counsel fees and any claims that may have been filed against same, shall remain

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in the State Treasury subject to the final determination of such claims as may not have been theretofore paid and which are pending. Unclaimed moneys. Sec. 9. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 25, 1925. RIVER NAVIGATION; MAINTENANCE OF WHARVES, VESSELS, ETC., BY CERTAIN CITIES. No. 319. An Act to authorize municipalities having according to the United States Decennial Census last issued, a population of not less than 30,000 and not exceeding 32,000 and located on navigable streams to acquire, lease, erect, operate, control, and manage wharves, docks, warehouses, and terminals; and also to have right to own, buy, sell, lease, maintain and operate ships, vessels and barges on navigable streams in the State of Georgia and on streams flowing through the State of Georgia and through other States, and to authorize said Municipalities to issue bonds for such purposes, to authorize the calling of an election for the adoption 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. That municipalities in the State of Georgia, through their duly constituted authorities, having a population of not less than 30,000 and not exceeding 32,000 according to the United States Decennial Census last issued, and located on navigable streams, be and they are hereby

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authorized to acquire, lease, erect, operate, control and manage wharves, docks, warehouses and terminals; and also to have the right to own, buy, sell, lease, maintain and operate ships, vessels, and barges on navigable streams in the State of Georgia and on streams flowing through the State of Georgia and through other states when the provisions of this Act are adopted by the voters of such municipality as hereinafter authorized. Shipping facilities on navigable streams. Sec. 2. Be it further enacted by the authority aforesaid, that the municipalities as set forth and designated in Section one of this Act when the provisions of this Act are adopted as hereinafter authorized, shall have the right to issue such bonds as may be necessary to carry into effect the purposes set forth and designated in Section One of this Act by complying with the laws of the State of Georgia in regard to the issuance of bonds by municipalities. Municipal bonds. Sec. 3. Be it further enacted by the authority aforesaid, that any such municipality as provided in Section One hereof, through its duly constituted authorities, may call an election in the same manner as is provided in the charter of such municipality for the calling of elections for the issuance of bonds and to be conducted under the same rules, to submit to the voters of such municipality the question of the adoption of this Act, having printed on the ballots used in such election the words For adoption of Steamer and Terminal Act and the words Against the adoption of Steamer and Terminal Act so that free choice may be made by such voters, and if a majority of the qualified voters at such election shall favor the adoption of this Act, the same shall have the same force and effect as an Amendment to the Charter of such municipality and provided further, that the question of the issuance of bonds under Section two hereof, and the amount, date of maturity, rate of interest thereon, etc., may in the discretion of the governing authorities of such municipality be submitted to the duly qualified voters

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thereof at the same election, to be voted, however, upon separate ballots. Election to ratify Ballots. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 20, 1925. SCHOOL CODE AMENDED; BONDS OF COUNTY SUPERINTENDENTS. No. 414. An Act to amend Section 150 of the Georgia School Code with reference to the bonds of county school superintendents; and for 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 150 of the Georgia School Code be and the same is hereby amended by striking out in the first sentence of said section, the words, with good security [surety company preferred], and substituting in lieu thereof the words with an approved surety company, and by adding to said Section 150, after the word records, the following and it shall be the duty of said Ordinary to send a certified copy of said superintendent's bond to the State Superintendent of Schools; which copy shall be recorded and kept on file at the State Department of Education so that said Section 150. when so amended, shall read as follows: Act of 1919, Sec. 150 amended. The County Superintendent of Schools must give bond with an approved surety company, payable to the County Board of Education, the amount to be decided by the Board. This bond must be filed with the Ordinary, and a copy recorded on the Ordinary's records; and it shall be the duty of said Ordinary to send a certified copy of said

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Superintendent's bond to the State Superintendent of Schools which copy shall be recorded and kept on file at the State Department of Education. To be read. Bond of county superintendent. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 26, 1925. SCHOOL CODE AMENDED; PURCHASE OF BUILDINGS AUTHORIZED. No. 413. An Act to amend Section 144 of the Act designated as the School Laws Code as appears in the Acts of 1919, page 347, so as to authorize the authorities therein named to purchase buildings already erected. Section 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 144 of the Act recited in the foregoing caption of this Act be and the same is hereby amended by inserting therein between the words buildings and which in line three the following words: or buildings already erected so that said Section when amended will read as follows: Act of 1919, Section 144 amended. Section 144. Should bonds be issued and sold, the proceeds shall be turned over to the Board of Trustees, or Board of Education, in trust for the purpose of erecting a school building or buildings or purchase buildings already erected which said Board of Trustees, or Board of Education, may deem suitable. Said Board of Trustees, or Board of Education, is authorized to remove, sell or otherwise dispose of old buildings, or buildings and

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grounds and select a new site and erect a new building thereon, and add to the proceeds from the sale of bonds any other proceeds which may come from disposition of building or buildings and site, or from donations or otherwise, all to be held in trust to be used for the purpose aforesaid, and no compensation shall be paid to said Board of Trustees, or Board of Education, nor any member thereof for service. Said Board of Education shall have nothing to do with the location of the school site in local districts except on appeal. To be read. Purchase of buildings already erected. 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 26, 1925. SECURITY DEED HOLDER; NOTICE BEFORE TAX SALE. No. 218. An Act to provide for notice to the owner of a security deed or mortgage after levy on but before sale of real estate for taxes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act whenever any real estate is levied upon for taxes by the Sheriff it shall be his duty, before proceeding to advertise the same for sale as now provided by law, to give twenty days written notice of such levy to the owner of each security deed and mortgage contained on the list filed with him as hereinafter provided, the said period of twenty days beginning to run from the time the said notice is personally delivered or from the date of its mailing when delivered by registered mail as hereinafter provided. Such

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notice shall contain a description of the land levied upon, the name of the owner thereof, the year or years for which the taxes were assessed and a statement of the amount thereof with the accrued cost, and shall be delivered to such owner either personally or by registered mail (with return receipt requested) at the address given on said list. The Sheriff shall keep a copy of said notice on which he shall enter the date the same was delivered, how, where and to whom, and shall file the same with the list hereinafter provided. In order to entitle any such owner of a security deed or mortgage to this notice, a list of each security deed and mortgage as to which such notice is desired shall be filed by the owner thereof with the Clerk of the Superior Court of the county in which the land covered thereby lies on or before the twentieth day of December of each year, whereon shall be shown not only the name and address of such owner, but also the name and post office address of each grantor or mortgagor and the book and page of the record where each security deed and mortgage so listed is recorded. Such list shall be promptly entered of record by said Clerk in a book to be kept by him in his office for that purpose, for which service the Clerk shall be paid a fee of fifteen cents for each security deed or mortgage so listed and entered by him in said book, except that where ten or more security deeds and or mortgages shall be listed together on one list, the fee of the Clerk shall be five cents each, for the number in excess of ten. Within ten days after the filing thereof, the Clerk shall transmit the said list to the Sheriff of said county, and the Sheriff shall file the same in his office as a record thereof and shall enter on the execution docket of his office the date said list was received by him, together with the date the notice to the owner of a security deed or mortgage as hereinbefore provided for was personally delivered and on whom and where, or the date when it was mailed, to whom and at what address, when the delivery is by registered mail, and in this latter event shall file the registered return receipt with the said

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list as a record of his office: Provided, that for the giving of this the Sheriff shall receive when it is personally delivered the sum of $3.00 and when delivered by registered mail the sum of $1.25, the same together with the fee of the Clerk of the Superior Court as aforesaid to become a part of the cost and paid by the owner of the security deed or mortgage receiving the notice; Provided further, that the rights, interests, and security of any owner of a security deed or mortgage complying with the provisions hereof shall in no wise be affected by a tax sale and a deed of conveyance made pursuant thereto unless the provisions hereof are complied with, nor shall anything herein contained in any wise whatsoever affect or abridge any right or remedy of any owner of a security deed or mortgage now provided by law who may fail or neglect for any reason to file such list with the Clerk of the Superior Court, or in any way change, alter or limit the right or redemption under existing law of property sold for taxes. 20 days' written notice. List. Fees. Rights of security deed owners. Sec. 2. Be it further enacted that the form of the notice required herein to be given by the Sheriff to the owner of a security-deed or mortgage complying with the provisions hereof shall in substance be as follows: Form of Notice. DELINQUENT TAXES Sheriff's Notice to Owner of Security-Deed or Mortgage. Notice is hereby given to.....as the owner of a certain....., recorded in the office of the..Clerk of the Superior Court in book.....at page.....of the County of....., State of Georgia, that there are now due and unpaid taxes for the year.....amounting to $.....with accrued cost of $.....for which a tax execution has been issued and levy has been made upon the following described land, owned by.....and embraced within said.....and that the same will be advertised for sale unless the said taxes are paid within twenty (20) days from the delivery hereof as provided by law.

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DESCRIPTION OF LAND LEVIED UPON. ..... Sheriff. ..... Address. Date..... That the form of the list of security-deeds and mortgages hereby required to be filed with the Sheriff to entitle the owner thereof to the notice herein provided as to delinquent taxes shall be in substance as follows: DELINQUENT TAXES List of Security-Deeds and Mortgages. To the Sheriff of.....County, State of Georgia: The undersigned owner of the security-deeds and mortgages listed below desires twenty (20) days' written notice after levy by you on account of delinquent taxes upon any of the land covered by said security-deeds and mortgages, and to that end hereby furnishes you the following list of the name of each grantor or mortgagor therein, together with the book and page where the same is recorded in the office of the Clerk of the Superior Court for the County and State aforesaid: LIST OF SECURITY-DEEDS AND MORTGAGES. Name of Grantor or Mortgagor Kind of Instrument Book or Record Page Record ..... Owner. ..... Address. Date:..... Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1925.

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STATE AUDITOR; COMPENSATION AND EMPLOYEES. No. 253. An Act to amend an Act approved December 6, 1923, entitled an Act to create and establish the Department of Audits and Accounts, etc., by striking the word four and substituting the word six in Section 2, making the salary of the State Auditor $6,000.00, and by striking Section 3 changing the number of employees and fixing their compensation. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that line two word four and line three word thousand figures $4,000.00 be stricken and in lieu thereof the words six thousand figures $6,000.00, be inserted, so that as amended Section 2 should read as follows: Act of 1923 amended. Section 2. Be it further enacted by the authority aforesaid that the State Auditor shall be paid a salary of six thousand ($6,000.00) Dollars per annum, payable monthly, and shall also be paid his actual traveling expenses while actually engaged in the performance of his official duties, to be proven by his sworn itemized statement and approved by the Governor. The State Auditor shall devote his entire time to the performance of the duties of his office and shall give bond to be filed with and approved by the Comptroller General, in the sum of ten thousand ($10,000.00) Dollars, payable to the Governor or his successors in office conditioned that he shall truly and faithfully perform the duties of his office and shall account for all public funds coming into his hands or under his control, the premium on which bond shall be paid by the State. Sec. 2 read. Salary $6,000 per annum. Sec. 2. Be it enacted further by the authority aforesaid, that Section 3 be entirely stricken and in lieu thereof

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a new section be inserted which shall be known as Section 3, to read as follows: Sec. 3 stricken. Section 3. Be it further enacted by the authority aforesaid, that the State Auditor shall be authorized and he is hereby authorized and empowered to appoint and employ the following officers and assistants, each of whom shall hold office during the pleasure of the State Auditor, to-wit: New Sec. 3. Assistants and salaries. (a) One assistant State Auditor at a salary of not to exceed four thousand ($4,000.00) dollars per annum. (b) Two examiners at a salary of not to exceed three thousand ($3,000.00) dollars per annum. (c) Two assistant examiners at a salary not to exceed twenty-four hundred ($2,400.00) dollars per annum. (d) A steno-bookkeeper at a salary of not to exceed eighteen hundred ($1,800.00) dollars per annum. (e) All the employees of the Department shall be paid their actual traveling expense while actually engaged in the performance of their official duties to be proven by their sworn itemized statement approved by the State Auditor. Provided no expenses shall be paid to any employee of the department while they are engaged in the performance of their duties in Fulton County. Sec. 3. Be it further enacted, that no official of the State of Georgia shall have authority to employ or hire any other auditing agency. The State Auditing Department shall audit all State institutions, except those accounts now audited by the State School auditor. No authority to employ other agencies. Sec. 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 17, 1925. STATE SCHOOL AUDITOR'S ASSISTANT. No. 430. An Act to authorize the State Superintendent of Schools

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with the consent of the State Board of Education, to provide an assistant to the State School Auditor; to fix the salary of such assistant; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the State Superintendent of Schools, with the consent and approval of the State Board of Education, is and shall be authorized to provide an assistant to the State School Auditor in order to more fully audit accounts of all persons handling public school funds; and the State Board of Education shall be authorized to pay such assistant a salary not to exceed Two Thousand Dollars per annum, together with necessary traveling expenses not to exceed those authorized for the State School Auditor. Assistant. Salary. The School Auditor shall audit only the Grammar and High Schools of the State. The State Auditor shall audit the University of Georgia and all its branches and all Educational Institutions which receive an Appropriation from the State Treasury. Duties. The School Auditor shall audit all schools supported out of appropriations for common and high schools. 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 27, 1925. SUPERIOR COURT CLERKS IN CERTAIN COUNTIES; FEES. No. 331. An Act to authorize the payment of the fees of Clerks of Superior Courts for per diem in attending courts out of the county treasury in all counties in this State having

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a population of not less than 33,000, nor greater than 33,044 according to the federal census of 1920. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that in all counties in this State having a population according to the federal census of 1920 of not less than 33,000 nor greater than 33,044, the fees of the clerks of the Superior Courts thereof for per diem in attending Superior or City Court as provided by law shall be paid out of the county treasury of said counties. Fees payable from treasury. Sec. 2. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925. TAX EXEMPTION ELECTION IN COUNTIES. No. 73. An Act empowering the counties and municipal corporations of the State of Georgia to put into effect the provisions of Article 7, Section 2, Paragraph 2-a of the Constitution of the State of Georgia, exempting certain industries therein named from taxation for a space of five years and authorizing and directing that an election be called for the purpose of submitting to the qualified voters of such county or municipal corporation the question of whether or not the taxing authorities of said county or municipal corporation may exempt from taxation such property as is mentioned in the above constitutional provision and providing that in case said exemption will be approved by a majority of the electors voting in such county or municipal corporation that said exemption shall go into effect in said county or municipal corporation,

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and to provide the manner of holding such election, the preparing and counting of ballots, declaring the results; to provide how said exemptions shall be repealed as to said counties or municipal corporations, and for other purposes. BE IT ENACTED by the General Assembly of Georgia, and it is hereby enacted my authority of the same: Section 1. That the Ordinary, upon petition of five per cent of the qualified voters of any county, or upon the recommendation of the Grand Jury in any county in Georgia, is hereby authorized and directed to call an election within not less than thirty days and not more than ninety days after such recommendation to submit the question of whether or not the tax levying authorities of such county shall exempt form taxation for a space of five years such property as is provided in Article 7, Section 2, Paragraph 2-a of the Constitution of the State of Georgia. Petition. Sec. 2. That in case the Ordinary of such county is for any reason disqualified or fails to act as herein provided, the Superior Court of such county may act in his stead and perform all of the duties herein provided for the Ordinary to perform. Superior Court to Act if Ordinary disqualified. Sec. 3. That the manner of holding said election, the preparation of the ballots, the counting of the ballots in such election shall be the same as is now provided for holding elections for the members of the General Assembly in such county. Election. Sec. 4. That the managers shall be appointed by and the result of said election shall be declared by the Ordinary, or in case as provided in Section 2, by the Clerk of the Superior Court, and the record of the result of such election shall be entered upon the minutes of the Court of Ordinary of said county. Returns.

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Sec. 5. That said election shall be advertised once a week for four weeks immediately preceding the date of said election in the newspaper publishing legal advertisements in said county. Advertisement Sec. 6. That the governing bodies of any municipal corporation in the State of Georgia are hereby authorized to propose, without any recommendation of the Grand Jury or action of the Ordinary, to the qualified voters of said municipal corporation said tax exemption above ennumerated, and to call such election as in this Act provided, and the manner of holding said election shall be the same as elections in said municipal corporation for its officials. The method of preparing and counting the ballots shall be the same as provided for the holding of municipal elections in such municipal corporations, and said election in such municipal corporation shall be advertised once a week for four weeks immediately preceding the date of such election in a newspaper having general circulation or carrying the advertisements for such municipal corporation. The ordinance calling such election shall specify the period of time not exceeding five years, for which said period of tax exemption shall apply in said city. Elections authorized without action of Grand Jury or Ordinary. Sec. 7. That in said county election those favoring said five year tax exemption as herein set out, shall have written or printed on their ballots, For a five year tax exemption, for persons coming within the provisions of Article 7, Section 2, Paragraph 2-a of the Constitution of Georgia, as provided in Section 1, Acts of December 19, 1923; and those opposing said five year tax exemption, as herein set out, shall have written or printed on their ballots, Against a five year tax exemption for persons coming within the provisions of Article 7, Section 2, Paragraph 2-a of the Constitution of Georgia, as provided in Section 1, Acts of December 19, 1923. That in elections held in municipal corporations, those favoring a term of tax exemption fixed by the municipal

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authorities, calling said election, shall have written or printed on their ballots For a (insert the proposed time of) tax exemption for persons coming within the provisions of Article 7, Section 2, Paragraph 2-a of the Constitution of Georgia, as provided in Section 1, Acts of December 19, 1923, and those opposed to said proposed term of tax exemption, shall have written or printed on their ballots Against a (insert the proposed time of) tax exemption for persons coming within the provisions of Article 7, Section 2, Paragraph 2-a of the Constitution of Georgia, as provided in Section 1, Acts of December 19, 1923. Ballots. Sec. 8. That in case of a county election, a warrant be drawn on the county treasurer to cover the expense of such election, as herein provided; and in case of a municipal corporation election, such municipal corporation shall pay the expenses of said election. County elections. Sec. 9. That if a majority of the electors voting in such county or in case of a municipal corporation, in such municipal corporation, shall vote in favor of said proposed tax exemption, the same shall go into effect, as provided in the above mentioned provisions of the Constitution, and in each case where the same shall go into effect, it shall be irrevocable by the authorites of such county or municipal corporation for the term for which said exemption was proposed and carried, not to exceed five years in any instance. Favorable elections irrevocable for term of exemption. Sec. 10. That in case said election, herein provided for, should fail to carry, the Grand Jury of such county or municipal corporation may at any time after ninety days from the time the result of said election is declared, if they shall deem fit and proper, in case of a county recommend that another election be held, as herein provided, and in case of a municipal corporation, call another election either by ordinance or resolution, and in that event another election shall be called within not

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less than ninety days after such recommendation shall have been made or such ordinance passed, and said additional election may be held as herein provided, and the result thereof declared as herein provided, and the result of said election shall have the same force and effect as the election first above mentioned in case it had been carried. Second election, if first unfavorable. Sec. 11. That polls shall be opened and closed in case of a county election as is provided by law for elections of representatives, and in case of a municipal corporation as is now provided by law for the election of its officials. Polls. Sec. 12. That if said county election shall carry in favor of said tax exemption any person, natural or artificial, a resident of this State, who may after January 1, 1924, build, equip, establish or enlarge a plant for the manufacture or processing of cotton, wool, linen, silk, rubber, clay, wood, metal, metallic or non-metallic minerals, or combinations of the same, cream or cheese plant, or for production or development of electricity, shall as to such building enlargement, or equipment be exempt from all county ad valorem taxes for a period of five years from the date of the beginning of the building, equipment or enlargement of such plant. That if any municipal election shall carry, in favor of a proposed tax exemption, said persons, above referred to, shall likewise be exempt from all city ad valorem taxes for the terms proposed by the governing authorities of such municipality in no event to exceed five years, from the date of the beginning of the building, equipment or enlargement of such plant. Plants exempted for five years after construction. Sec. 13. Said five year period of tax exemption, as to counties, and the term of tax exemption, made effective in any municipal corporation, under the provisions of this Act, may be repealed if a majority of the voters, voting in an election called, held and paid for, in the manner provided hereinbefore, shall vote in favor of

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such repeal; and elections for the repeal of said tax exemptions shall be called by the Ordinary of any county upon petition of forty per cent of the registered voters of any such county; or upon recommendation of two successive grand juries; and shall be called by the governing authorities of a municipal corporation upon petition of forty per cent of the registered voters of such municipal corporation, or upon a vote of two-thirds of the governing body of said municipal corporation therefor. Those voting to repeal any tax exemption shall have written or printed on their ballots, the words For repeal of Tax exemptions, obtaining in (the name of the county or municipal corporation), and those voting against said repeal shall have written or printed on their ballots the words Against repeal of tax exemptions, obtaining in (the name of the county or municipal corporation). The result of any such election shall be declared by the authority calling said election. If the result of any such election shall be in favor of the repeal of any such tax exemptions, said repeal shall become effective in any such county or municipal corporation on and after the first day of January immediately following such election. The election for the repeal of tax exemptions shall not be held in any county or municipal corporation less than five years apart. The repeal of any period of tax exemption by any county or municipal corporation shall not operate to effect the term of exemption to which any person is entitled, by reason of having built, equipped, established or enlarged any of the plants referred to in Section 12 hereof; but any such person shall be entitled to enjoy the full term of the tax exemption obtaining in said county or municipal corporation, wherein said person established any such building, equipment or enlargement from the date of the beginning thereof. Repeal of five year term. Election. Ballots. Elections five years apart. Sec. 14. That all laws or parts of laws in conflict

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with the provisions of this Act, be and the same are hereby repealed. Approved July 27, 1925. TAX RETURNS, EXAMINATION OF IN CERTAIN COUNTIES. No. 369. An Act to authorize the County Commissioners or like authority of any county in this State which has a city within its limits of a population of not less than 80,000 or more than 150,000 according to the census of 1920 and all future federal censuses to employ the chairman of the county board of tax assessors each year continuously for the purpose of examining the returns of both real and personal property of each tax payer in said county, to ascertain and determine if any taxpayer has omitted from his return any property that should be returned, or has failed to return any of his property at a just and fair valuation, and to report in writing the results of his activities in any of these respects to the county board of tax assessors when they meet; to require said chairman to devote his entire time to the discharge of said duties, and to serve as secretary of said board, at an aggregate compensation of not to exceed Twenty-four Hundred Dollars ($2,400.00) a year, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the County Commissioners or like authority of any county in this state which has a city within its limits of a population of not less than 80,000 or more than 150,000 according to the census of 1920 and all future federal censuses, are authorized to employ the chairman of the county board of tax assessors each year continuously for the purpose of

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examining the returns of both real and personal property of each tax payer in said county, to ascertain and determine if any tax payer has omitted from his return any property that should be returned, or has failed to return of his property at a just and fair valuation, and to report in writing the results of his activities in any of these respects to the county board of tax assessors when they meet; to require said chairman to devote his entire time to the discharge of said duties, and serve as secretary of said board, at an aggregate compensation of not to exceed twenty-four hundred dollars (2,400.00) a year. Chairman of County board to examine returns. Compensation Sec. 2. Be it further enacted by the authority aforesaid that when said chairman is thus employed, he shall perform all of the secretarial duties of said board without additional compensation, and said county board shall have no authority to employ an agent to seek out unreturned property. Secretarial duties Sec. 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 22, 1925. TREASURERS IN CERTAIN COUNTIES; EXPENSES. No. 219. An Act to provide for the payment of clerical and other expenses in the office of County Treasurer in counties of this State having a population of more than 150,000, in which the county treasurer is paid a salary, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the

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same, That in the counties in this State which have a population of more than 150,000, and in which the county treasurer is paid a salary, the county Comissioners or other tribunal having in charge county matters may provide for and pay out of the county funds the clerical and other necessary expenses of the county treasurer office. Payment from county funds. Sec. 2. Conflicting laws are repealed. Approved August 14, 1925. TUGALO RIVER NAVIGATION ACTS REPEALED. No. 324. An Act to repeal the following Acts of the General Assembly of the State of Georgia, to-wit: An Act passed by the General Assembly of the State of Georgia in 1807, Clayton's Compilations 1807, page 382, An Act passed by the General Assembly of the State of Georgia in 1810, Georgia Laws 1910, page 604; An Act passed by the General Assembly of the State of Georgia in 1802, Clayton's Compilation 1802, page 80; An Act passed by the General Assembly of the State of Georgia in 1809, Clayton's Compilations 1809, page 564; An Act passed by the General Assembly of the State of Georgia in 1812; Georgia Laws 1812, page 123; An Act passed by the General Assembly of the State of Georgia in 1816, Georgia Laws 1816, page 108; An Act passed by the General Assembly of the State of Georgia in 1829, Georgia Laws 1829, page 154; An Act passed by the General Assembly of the State of Georgia in 1830, Georgia Laws 1930, page 188; An Act passed by the General Assembly of the State of Georgia in 1831, Georgia Laws 1831, page 300; An Act passed by the General Assembly of the State of Georgia

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in 1832, Georgia Laws 1832, page 167; An Act passed by the General Assembly of the State of Georgia in 1834, Georgia Laws 1834, page 190; An Act passed by the General Assembly of the State of Georgia in 1850, Georgia Laws 1850, page 355; An Act passed by the General Assembly of the State of Georgia in 1853-4, Georgia Laws 1853-4, page 467; and an Act passed by the General Assembly of the State of Georgia in 1857, Georgia Laws 1857, page 290; all of said Acts having reference to the maintenance of navigation on the Tugalo River, and for other purposes. Section 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 following Acts of the General Assembly of the State of of Georgia, to-wit: An Act passed by the General Assembly of the State of Georgia in 1807, Clayton's Compilations 1807, page 382; an Act passed by the General Assembly of the State of Georgia in 1810, Georgia Laws 1810, page 604; an Act passed by the General Assembly of the State of Georgia in 1802, Clayton's Compilations 1802, page 80; an Act passed by the General Assembly of the State of Georgia in 1809, Clayton's Compilations, page 564; an Act passed by the General Assembly of the State of Georgia in 1812, Georgia Laws 1812, page 123; an Act passed by the General Assembly of the State of Georgia in 1816, Georgia Laws 1816, page 108; an Act passed by the General Assembly of the State of Georgia in 1829, Georgia Laws 1829, page 154; an Act passed by the General Assembly of the State of Georgia in 1830, Georgia Laws 1830, page 188; an Act passed by the General Assembly of the State of Georgia in 1831, Georgia Laws 1831, page 300; an Act passed by the General Assembly of the State of Georgia in 1832, Georgia Laws 1832, page 167; an Act passed by the General Assembly of the State of Georgia in 1834, Georgia Laws 1834, page 190; an Act passed by the General Assembly

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of the State of Georgia in 1850, Georgia Laws 1850, page 355; an Act passed by the General Assembly of the State of Georgia in 1853-4, Georgia Laws 1853-4, page 467; and an Act passed by the General Assembly of the State of Georgia in 1857, Georgia Laws 1857, page 290; all having reference to the navigability of and the maintenance of navigability on the Tugalo River, be and the same are hereby repealed. Acts maintaining navigability repealed. Sec. 2. Be it further enacted by the authority aforesaid that any and all laws assuming the Tugalo River to be navigable be and the same are hereby repealed. 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 20, 1925. UNIVERSITY OF GEORGIA; ELECTION OF ALUMNI TRUSTEES. No. 374. An Act to revise the laws of this State with regard to the composition of the Board of Trustees of the University of Georgia, the number thereof and the election thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the membership of the Board of Trustees of the University of Georgia be and the same is hereby increased by the addition to said Board of four members to be known as alumni members. Those alumni members of the Board of Trustees shall be elected by the Alumni Society of the University of Georgia for terms of eight years each, provided however, that at the initial election of said Trustees one Trustee shall be

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elected for a term expiring at the first annual meeting of the said Alumni Society which is more than two years from the date upon which this Act shall become effective and the other three Trustees shall be elected for similar terms expiring with the first annual meeting held respectively more than four, six and eight years after the date of this Act so that the term of one of such alumni Trustees shall expire each second year. Four alumni members. Terms. Sec. 2. The said Alumni Trustees shall be elected from former students of the University of Georgia and shall be elected in such manner as the Constitution of the Alumni Society of the University of Georgia provides from time to time. Trustees so elected by the Alumni Society shall be commissioned by the Governor of this State the fact of their election being certified to him under the hand of the Secretary and president of said Society. Election. Sec. 3. From and after the effective date of this Act the President of the Alumni Society of the University of Georgia shall cease to be an ex-officio member of the Board of Trustees of the University of Georgia. Alumni President not ex-officio trustee. Sec. 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 22, 1925. VETERANS OF WORLD WAR, GUARDIANS FOR. No, 390. An Act to amend an Act approved October 9, 1885, entitled An Act to authorize the Ordinaries of the several Counties of this State to appoint Guardians for idiots, lunatics, and insane persons in certain cases therein provided, and for other purposes, so as to

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include within the provisions thereof Veterans of the World War incompetent to receive government pensions and other funds; to provide for the appointment of Guardians for such Veterans, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1 of an Act approved October 9, 1885, entitled An Act to authorize the Ordinaries of the several Counties of this State to appoint Guardians for idiots, lunatics, and insane persons in certain cases therein provided, and for other purposes, codified as Section 3103 of the Civil Code of Georgia of 1910, be and the same is hereby amended by adding to said Section the following: Act of 1885 amended. Such Ordinaries are also authorized to appoint Guardians without a trial, as in Section 3092 of the Civil Code of Georgia of 1910, for any person entitled to the benefits of the Act of Congress, approved June 7, 1924, and amendment thereto, known as the `World War Veterans' Act', where it shall appear from the certificate of the Regional Manager in charge of the United States Veterans' Bureau in Georgia, or of the Medical Officer in charge of any government hospital for mental and nervous diseases, that such veteran of the World War has been declared by the United States Government as incompetent to receive the funds to be paid to him under said Act of Congress, and such certificate shall be all the proof required as to the incapacity of said veteran to receive such funds, and as to the necessity of a guardianship. Guardians for such veterans shall be subject to the same provisions of law as guardians of idiots, lunatics, and insane persons in this State, so that Section 1 of said Act, as amended, will read as follows: Section 1. The Ordinaries of the several Counties of this State shall be, and they are thereby authorized to appoint guardians for idiots, lunatics, and insane

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persons without a trial, as provided for in Section 1885 of the Code of 1882 of Georgia, whenever it shall be made to appear to them that such idiot, lunatic, or insane person is in the lunatic asylum upon commitment thereto, as provided in Section 1855 of the revised Code of this State, or when it is shown by the certificate of the Superintendent of the Lunatic Asylum in which the party is confined that such person is hopelessly insane, and that it is necessary for such idiot, lunatic, or insane person to have a guardian to take charge of his property. Such Ordinaries are also authorized to appoint guardians with out a trial, as in Section 3092 of the Civil Code of Georgia of 1910, for any person entitled to the benefits of the Acts of Congress, approved June 7, 1924, and amendments thereto, known as the `World War Veterans' Act', where it shall appear from the certificate of the Regional Manager in charge of the United States Veterans' Bureau in Georgia, or of the Medical Officer in charge of any government hospital for mental and nervous diseases, that such veteran of the World War has been declared by the United States Government as incompetent to receive the funds to be paid to him under said Act of Congress, and such certificate shall be all the proof required as to the incapacity of said veteran to receive such funds, and as to the necessity of a guardianship. Guardians for such veterans shall be subject to the same provisions of law as guardians of idiots, lunatics, and insane persons in this State. Sec. 1 read. World War Veterans incompetent to receive funds. All bonds given by such Guardians are to be signed by an authorized surety Company. Approved August 25, 1925. WATER POWER AND STEAM PLANTS; ACQUISITION OF ROADS, DAMS, ETC. No. 373. An Act to amend An Act to authorize corporations or

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individuals owning or controlling any water-power in this State or location for steam plant hereinafter mentioned, and operating or constructing or preparing to construct thereon a plant or works for generating electricity by water or steam power, to be used for the purpose of lighting towns or cities, or supplying motive power to railroad or street-car lines, or supplying light, heat or power to the public, to purchase, lease or condemn rights-of-way or other easements necessary for such purposes upon the lands of others upon first paying just compensation to the owners of the land to be effected, approved December 7th, 1897, as follows, by adding at the end of Section 1 of said Act, the following words, to-wit: Such corporation or individual shall have the right and authority to acquire by purchase or condemnation the right to flood private roads and shall have the right to acquire by condemnation the right to flood public roads or highways by paying to the state or county authorities having jurisdiction over the same the cost of locating, laying out, constructing, and opening other public roads or highways in lieu of and to the same extent as the public roads and highways flooded, or intended to be flooded, and also by paying to the state and county authorities any other damages that may be the natural and probable consequence thereof; but either party may appeal to the Superior Court of the County in which said public roads or highways lie within thirty days after the award of condemnation is made, by filing with the Ordinary of the county a written notice of appeal which shall be by him transmitted to said Superior Court within ten days and on such appeal the trial shall be de novo. Upon payment by such corporation or individual to the said authorities of the sum fixed by such award together with the cost of proceedings, pending such appeal, and upon the execution of a bond in double the amount of the award so fixed, with good sufficient surety to pay the eventual condemnation money, the

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corporation or individual shall be entitled to flood the public roads or highways which are made the subject of the proceedings, but such right shall not vest absolutely in such corporation until the final determination of the case and payment or deposit in court of such final condemnation money as shall be adjudged; provided, however, that any right of action of any property owner or public utility whose property may be damaged by the closing of said public roads or highways against such corporation or individual closing same, shall not be construed as being taken away or in any way prejudiced; and by further amending said Act by repealing Section 3 of said Act and by adding another section in lieu thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that An Act to authorize corporations or individuals owning or controlling any water-power in this State or location for steam plant hereinafter mentioned and operating or constructing or preparing to construct thereon a plant or works for generating electricity by water or steam power, to be used for the purpose of lighting towns or cities, or supplying motive power to railroad or street car lines, or supplying light, heat or power to the public, to purchase or condemn rights-of-way or other easements necessary for such purposes upon the lands of others upon first paying just compensation to the owners of the land to be affected, approved December 7th, 1897, is hereby amended by adding at the end of Section 1 of said Act, the following words, to-wit: Such corporation or individual shall have the right and authority to acquire by purchase or condemnation the right to flood private roads and shall have the right to acquire by condemnation the right to flood public roads or highways by paying to the State or county authorities having jurisdiction over the same the cost of locating, laying out, constructing and opening

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other public roads or highways in lieu of and to the same extent as the public roads and highways flooded, or intended to be flooded, and also by paying to the state and county authorities any other damages that may be the natural and probable consequence thereof; but either party may appeal to the Superior Court of the County in which said public roads or highways lie within thirty days after the award of condemnation is made, by filing with the Ordinary of the county a written notice of appeal which shall be by him transmitted to said Superior Court within ten days and on such appeal the trial shall be de novo. Upon the payment by such corporation or individual to the said authorities of the sum fixed by such award together with the cost of proceedings, pending such appeal, and upon the execution of a bond in double the amount of the award so fixed, with good and sufficient surety to pay the eventual condemnation money, the corporation or individual shall be entitled to flood the public roads or highways which are made the subject of the proceedings, but such right shall not vest absolutely in such corporation until the final determination of the case and the payment or deposit in court of such final condemnation money as shall be adjudged; provided, however, that any right of action of any property owner or public utility whose property may be damaged by the closing of said public roads or highways against such corporation or individual closing same, shall not be construed as being taken away or in any way prejudiced; so that said Section as amended shall read as follows: Act of 1897 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act any corporation or individual owing or controlling any water-power in this State, or location for steam plant hereinafter mentioned, and operating or constructing or preparing to construct thereon a plant or works for generating electricity by water or steam power to be used for the purpose of lighting towns or

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cities, or supplying motive power to railroad or streetcar lines, or supplying light, heat or power to the public, shall have the right to purchase, lease or comdemn rights-of-way or other easements upon the lands of others in order to run lines of wires, maintain dams, flow-back water, or for other uses necessary to said purposes, upon first paying just compensation to the owner of the land to be affected. Provided that in fixing the compensation or damage herein provided for both actual and consequential damages, either or both, shall be paid by the party or parties seeking to condemn property as herein provided. Such corporation or individual shall have the right and authority to acquire by purchase or condemnation the right to flood private roads and shall have the right to acquire by condemnation the right to flood public roads or highways by paying to the state or county authorities having jurisdiction over the same the cost of locating, laying out, constructing and opening other public roads or highways in lieu of and to the same extent as the public roads or highways flooded, or intended to be flooded, and also by paying to the state and county authorities any other damages that may be the natural and probable consequence thereof; but either party may appeal to the Superior Court of the county in which said public roads or highways lie within thirty days after the award of condemnation is made, by filing with the Ordinary of the County a written notice of appeal which shall be by him transmitted to said Superior Court within ten days and on such appeal the trial shall be de novo. Upon the payment by such corporation or individual to the said authorities of the sum fixed by such award, together with the cost of proceedings, pending such appeal, and upon the execution of a bond in double the amount of the award so fixed, with good and sufficient surety to pay the eventual condemnation money, the corporation or individual shall be entitled to flood the public roads or highways which are made the subject of the proceedings, but such right shall not vest absolutely in such

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corporation until the final determination of the case and the payment or deposit in Court of such final condemnation money as shall be adjudged; provided, however, that any right of action of any property owner or public utility whose property may be damaged by the closing of said public roads or highways against such corporation or individual closing same, shall not be construed as being taken away or in any way prejudiced. Sec. 1 read. Condemnation and purchase. Sec. 2. Be it further enacted by the authority aforesaid that Section 3 of said Act which provided that the powers given under said Act shall not be used to interfere with any mill or factory actually in operation, be and the same is hereby repealed and in lieu thereof another section be added, reading as follows: Sec. 3 Amended. Section 3. Such corporation or individual shall have the right and authority to acquire by condemnation any mill, factory, dam or other property connected with same, except cotton mills or factories, or any power plant engaged in furnishing electric current to the public, in the manner prescribed for the condemnation of and acquiring of other property. To be read. Acquisition of Mills, etc. Section 4. Be it further enacted that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved August 22, 1925. WESTERN AND ATLANTIC RAILROAD COMMISSION CREATED. No. 405. An Act to provide for the sale, exchange, lease, or otherwise dispose of property owned by the State of Georgia in the City of Chattanooga, Tenneessee with the City of Chattanooga and the present lessee or other persons;

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For the creation of a Commission to effecuate such purposes, and to define the power and duties of said Commission; making an appropriation for the cost of the work required, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, as follows, to-wit: Section 1. There is hereby created a Commission, to be known as the WESTERN ATLANTIC RAILROAD COMMISSION, which shall be composed of the Governor of the State, Paul B. Trammell, now Chairman of the Public Service Commission, three members from the State Senate, to be appointed by the President of the Senate, six members from the House of Representatives, to be appointed by the Speaker of the House; and one member from the State at large, namely Chas. Murphy Candler. The Commission so constituted shall perfect its own organization and adopt such rules and employ such methods of procedure as it may deem most expedient to the end in view, subject to such limitations and directions as may be hereinafter expressed. The members of said commission other than the Governor and the Chairman of the Public Service Commission shall receive such compensation as the Commission in regular session by vote of the majority may fix. Commission ercated. Members. Organization. Sec. 2. The said Commission is vested with full power to treat with the City of Chattanooga and the Nashville, Chattanooga St. Louis Railway as to the deposition of all property owned by the State of Georgia in the City of Chattanooga, and particularly as to such property as will be required for the opening and extending of Broad Street and the opening and extending of East Eleventh Street from Market Street to an intersection with said Broad Street extended and also such other property of the State of Georgia in the City of Chattanooga as will no longer be required for railroad terminal purposes.

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That full power and authority is delegated to said Commission to act for the State of Georgia in dealing with the lessee and the City of Chattanooga in disposing of said property above described now owned by the State of Georgia in the City of Chattanooga, and their acts will be as binding on the State of Georgia as if passed by the Legislature. That said Commission shall have the power to sell, exchange, lease or otherwise dispose of such property, including the power to join the present lessee in making leases for a term extending beyond the term of the present lease. Disposition of State property in Chattanooga. Sec. 3. That from the proceeds of such sales, leases, exchange, or other disposition of said property the said Commission is authorized and empowered to secure by purchase, exchange or otherwise, property along the line of the Western Atlantic Railroad that will be suitable for switching yards, break up yards, and for such other purposes as may be needed for future uses. Proceeds; purchase of yards Sec. 4. The commission shall consider and determine, subject to the terms of this Act, the following: Further powers. 1. Whether the State shall convey to the City of Chattanooga the fee to be used by said City for said Broad Street extended and East Eleventh Street into and across the terminal property of the Western Atlantic Railroad in Chattanooga; or Conveyance of fee. 2. Whether the State shall join with the Nashville, Chatnooga St. Louis Railway, the lessee of the Western Atlantic Railroad, in an easement to the use of said property for street purposes and the value thereof; said easement to expire December 27, 1969. Fasement. 3. Whether the State shall join with the said lessee of the Western Atlantic in the granting of leases to others to any part of the State's property in the City of Chattanooga, the term of such leases to extend beyond the termination of the present lease to the Nashville, Chattanooga St. Louis Railway, namely December 27, 1969; to fix and determine the rental and term of years

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such leases shall run, if, in its judgment such leases are advantageous to the State's interest. Leases. 4. Whether the State shall sell, exchange or lease any portion of its property in Chattanooga, subject to the terms and conditions of the Lease Contract with the Nashville, Chattanooga St. Louis Railway dated May 11, 1917. Lease contract with N. C. and St. L. Railway. Sec. 5. If the commission in its judgment shall determine to convey to the City of Chattanooga the fee to Broad Street and to East Eleventh Street, it shall execute a legal conveyance to the City of Chattanooga, said conveyance to be signed by the Governor and the Secretary of State. Legal conveyance. Sec. 6. In the event the Commission shall determine to grant such fee as provided in Section 5, it shall agree with the City of Chattanooga upon the price of said property, and in exchange therefor accept on the part of the State in full payment thereof, the entire price (a) in cash; or (b) in such land the equivalent in value as the Commission and the City of Chattanooga shall agree upon; or (c) it may accept part money and part land as agreed upon. The Commission shall arrange for proper deeds to be made to the State of Georgia for such lands as it may agree to accept in exchange, and upon approval of title thereto by an attorney at law to be chosen by the Commission, shall cause said deeds or conveyances to be recorded in the office of the Clerk of the Court of Hamilton County, Tennessee. Exchange. Sec. 7. The Commission shall determine what lands, if any, are suitable for railroad purposes for the use of the Western Atlantic Railroad in accepting same in exchange with the City of Chattanooga. Landas cceptable. Sec. 8. The Commission shall have the authority and power to employ a secretary and such experts or legal counsel as it may deem necessary to carry out the provisions

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of this Act, and to prescribe their duties and fix their compensation for services rendered. Secretary and Counsel. Sec. 9. The disposal or conveyance of the said property for street purposes to the City of Chattanooga shall in no wise interfere with the lease Contract now existing between the State and the Nashville, Chattanooga St. Louis Railway, the lessee of the Western Atlantic Railroad, said Lease Contract being dated May 11, 1917; and before any agreement with the City of Chattanooga is executed the said lessee, the Nashville, Chattanooga St. Louis Railway, shall by resolution of its Board of Directors signify in writing its consent to such agreement with the full understanding that in granting such fee or easement, the terms of said Lease are in no wise affected, nor shall there by any abatement of the rental as set forth in said Lease. Chattanooga agreement not to affect N. C. and St. L. lease. Sec. 10. That the Commission, in pursuance of a Resolution to be adopted by a majority of the members thereof in regular meeting assembled, is hereby authorized and empowered to sell, exchange, lease or grant an easement to the City of Chattanooga for a right of way through the terminal lands of the Western Atlantic Railroad in Chattanooga for the extension of Broad Street and East Eleventh Street as well as deal with other property of the State of Georgia in the City of Chattanooga as will no longer be required for railroad terminal purposes; and full power is conferred on said Commission to act for the State in dealing with the lessee and the City of Chattanooga in disposing of said property. Easement for right of way. Sec. 11. The Commission is hereby further instructed and directed to prepare so that the same may be presented to the General Assembly at its next session a full report covering in detail its actions in conformity with the provisions of this Act, and to each following General Assembly until it has completed its duties under this Act,

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or shall have been discharged by joint resolution of the General Assembly. Report. Sec. 12. For the purpose of carrying this Act into full effect and meeting the expenditures herein authorized to be incurred, there is hereby appropriated the sum of ten thousand ($10,000.00) dollars, or so much thereof as may be needed payable out of the funds in the Treasury of the State upon warrant of the Governor. $10,000 appropriated. Sec. 13. That all vacancies in said commission either by death, resignation or otherwise shall be filled by appointment by the Commission. Vacancies. Sec. 14. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 25, 1925. WORKMAN'S COMPENSATION ACT AMENDED. No. 432. An Act to amend the Georgia Workman's Compensation Act, approved August 17, 1920, and the acts amendatory thereof, to define an employee under Section 15, and to provide that when an employer and his employees elect to be bound by the Act said election shall continue until recalled; to provide in Section 25 that proceedings in good faith against a defunct corporation shall not be a bar against further proceedings against the person or persons doing business in the name of the said corporation; to provide in Section 48 that the limitation as to time shall not run against a person who proceeds in good faith against a defunct corporation; to provide in Section 53 that two Commissioners shall be a quorum in the transaction of all business before said Commission; and to provide in Section 58

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that the full Commission may name one Commissioner to take any additional evidence which might be needed in a case before the full Commission, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section 15 of the Act known as the Georgia Workmen's Compensation Act, approved August 17, 1920, and the Acts amendatory thereof, be amended by striking out the words nor to casual employees and to place in lieu thereof the following: Employees not in the usual course of the trade, business, occupation or profession of the employer or not incidental thereto; also by adding the following words at the end of said section: When an employer and his employees elect to be bound by this Act the election shall continue until recalled by joint action of employer and employees and shall be effective after notice is given to the Industrial Commission, and shall include employees subsequently employed, unless they elect to reject the Act, so that said section when amended shall read as follows: Section 15. Be it further enacted, That this Act shall not apply to common carriers, engaged in instrastate trade commerce, the motive power of which is steam, nor shall this Act be construed to lessen the liability of such common carriers or to take away or diminish any right that any employee, or in case of his death, the personal representative of such employee, of such common carrier may have, under the laws of this State; employees not in the usual course of the trade, business, occupation or profession of the employer or not incidental thereto; farm laborers or domestic servants; nor to employees of institutions maintained and operated as public charities; nor to employers of such persons; nor to any persons, firm or private corporation, including any public service corporation, that has regularly in service less than ten employees in the same business within this State; unless such employees and their employers voluntarily elect to

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be bound by this Act. When an employer and his employees elect to be bound by this Act the election shall continue until recalled by joint action of employer and employees and shall be effective after notice is given to the Industrial Commission, and shall include employees subsequently employed, unless they elect to reject the Act. Act of 1920 amended. Sec. 15 read. Casual employees defined. Rejection by employers and employees of this Act. Sec. 2. Be it further enacted, That Section 25 of said Act be amended by adding the following words at the end of said Section: Except that if a claimant proceeds in good faith against a corporation, the charter of which had expired, but which was still doing business, he shall have the right to then proceed against the person or persons operating under the corporate name, and the one year limit shall not apply, so that said section when amended shall read as follows: Section 25. Be it further enacted, That the right to compensation under this Act shall be forever barred, unless a claim be filed with the Industrial Commission within one year after the accident, and, if death results from the accident, unless a claim therefor is filed with the Commission within one year thereafter; except that if a claimant proceeds in good faith against a corporation, the charter of which had expired, but which was still doing business, he shall have the right to then proceed against the person or persons operating under the corporate name, and the one year limit shall not apply. Sec. 25 amended. To be read. Accident claims against expired corporations. Sec. 3. Be it further enacted, That Section 48 be amended by adding at the end of said section the following words: Or to a person who proceeds in good faith against a corporation supposed to have a legal entity, but which is proved to be defunct by reason of the expiration of its charter, so that said section when amended shall read as follows: Section 48. Be it further enacted, That no limitation of time provided in this Act for the giving of notice or making claim under this Act shall run against any person who is mentally incompetent, or

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a minor dependent, so long as he has no guardian or trustee, or to a person who proceeds in good faith against a corporation supposed to have a legal entity, but which is proved to be defunct by reason of the expiration of its charter. Sec. 48 amended To be read Claims against defunct corporations; time limit. Sec. 4. Be it further enacted, That paragraph (c) of Section 53 be amended by striking out the word three where it occurs, and substituting therefor the word two so that said paragraph when amended shall read as follows: Section 53 (c) Any two members of the Commission shall constitute a quorum for the transaction of any business or the rendition of any decision herein provided to be made by the full Commission. Sec. 53 (c) amended. To be read Quorum of Commission. Sec. 5. Be it further enacted, That Section 58 be amended by adding the following words at the end of said section: The full Commission may remand to a single Commissioner any case before the full Commission for review for the purpose of taking additional evidence. Said evidence shall be delivered to the full Commission and it shall be taken into account before rendering any decision or award in such case, so that said section when amended shall read as follows: Section 58. Be it further enacted, That if an application for review is made to the Commission within seven days from the date of notice of the award, the full Commission shall review the evidence, or, if deemed advisable, as soon as practicable, hear the parties at issue, their representatives and witnesses, and shall make an award and file the same in like manner as specified in the foregoing section, together with its rulings of law in the premises. A copy of the award so made on review shall immediately be sent to the parties at dispute. The full Commission may remand to a single Commissioner any case before the full Commission for review for the purpose of taking additional evidence, said evidence shall be delivered to the full Commission and it shall be taken into account before rendering any decision or award in such case. Sec. 58 amended. To be read Review by single Commissioner for additional evidence.

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Sec. 6. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 27, 1925. BILLIARD ROOMS, REGULATION OF. No. 407. An Act to define, license, and regulate Billiard Rooms in the State of Georgia, to fix penalties for the violation of this Act, and for other purposes. Section 1. The term billiards, as used in this Act, shall mean any of the several games played on a table surrounded by an elastic ledge of cushions, with balls which are impelled by a cue, and shall include all forms of the game known as Carom Billiards, Pock Billiards (formerly called Pool), and English Billiards. The term Billiard Room shall mean any public place where the game of billiards is permitted to be played and for which a charge is made for use of equipment. Billiards defined. Sec. 2. Authority is hereby vested in the Tax Collectors of the State to license the operation of Billiard rooms in the various Counties, and in the governing bodies of incorporated cities and towns, to license and regulate by ordinance, the operation of Billiard Rooms within the corporate limits of such incorporated cities and towns. Licenses. Sec. 3. No license to operate a Billiard Room shall be issued to any person, who is not twenty-one twenty-one (21) years of age and a citizen of the United States; or, who has been convicted of a felony; or to any person of the White or Caucasian race to operate a Billiard Room to be used by, frequented or patronized by persons of the Negro race; or to any person of the Negro race to operate a Billiard Room to be used by, frequented or patronized

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by persons of the White or Caucasian race. Application for license to operate a Billiard Room shall be first made to the Tax Collector of the County in which the applicant proposes to conduct said business in the form hereinafter provided, and no license shall be issued by any city or town to any person to engage in such business until after such person has made application to and has been granted a license by the Tax Collector of the County in which such city or town is located. Qualification. Every application for license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convincted of a felony; and that, if a White person, he will not permit Negroes to congregate or play in his place of business; and, if a Negro, he will not permit any White person to remain or play in his place of business; that he will not permit vagrants, or persons under the influence of intoxicating liquors, to enter or play in his place; that the applicant will have personal charge and management of said business; that he will not permit gambling, or the above described tables to be used in any manner other than as provided by law. Application. There shall also be filed with the application a bond in the penal sum of $500.00, payable to the State of Georgia, and conditioned upon the faithful performance of all provisions of this Act, signed by the applicant as principal, and either a surety company or two individuals as securities, which bond must be approved by the Tax Collector and filed in his office. Bond When said application and bond have been filed and approved as aforesaid, the Tax Collector shall issue license for the current year, or unexpired portion thereof, upon the payment of the license fees provided by law. Fees; issue of license. Provided further, that if any licensee hereunder shall voluntarily relinquish personal supervision, management

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and control of such Billiard Room, he shall surrender his license to the Tax Collector who may issue a new license to some other person, firm or corporation to continue said business, under the provisions of this Act, in which event credit shall be given for the unused portion of said surrendered license. But if any licensee shall transfer or sub-lease such place of business to anyone, or relinquish management and control of said business without surrendering his license to the Tax Collector for reissuance, said license shall be deemed to be forfeited, and the Tax Collector must notify the Sheriff of the County who shall close said place of business. Surrender and fo [Illegible Text] of license relinquishment of management Sec. 4. Before any person, firm or corporation shall be authorized to conduct a Billiard Room in any City or Town in the State of Georgia, it shall be necessary, in addition to complying with the foregoing provisions of this Act, to make application to the City Clerk of such City or Town for a license, and said application shall certify that application has been made, and a license granted to such applicant by the Tax Collector of the County. Application to City Clerk. Sec. 5. The governing bodies of incorporated cities and towns where Billiard Rooms are operated, may fix a license fee, for the operation of such Billiard Rooms and shall make such additional regulations, governing their operation as they may deem proper, provided that no city or town shall have power to license or authorize the doing of any act or thing prohibited by this Act. Municipal fees and regulations. Sec. 6. It shall be unlawful for any person, firm or corporation to operate a Billiard Room between the hours of twelve o'clock, midnight, and six o'clock, a. m., or to permit any person to remain in such Billiard Room between said prohibited hours, except regular employees performing necessary labor within the premises. It shall be unlawful for any Billiard Room to operate billiard tables on Sunday. Billiard Rooms; hours prohibited.

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Sec. 7. It shall be unlawful for any person to play Billiards, or to be permitted to remain in a Billiard Room for any purpose, who has not reached the age of twenty-one (21) years, unless accompanied by a parent or guardian, or with the written permit from parent or guardian witnessed by a Notary Public with seal. In the event that the proprietor of a Billiard Room is of the opinion that any person desiring admission thereto is under the age of twenty-one years, he shall require such person to certify his age in writing, or produce a legal permit. It is hereby made a misdemeanor, punishable by a fine of not less than $10., nor more than $25.00, for any minor to remain in a billiard room, or to make false certificate as to his age, or to use a forged permit. Minors not admitted. Penalty Sec. 8. No dice, cards, dominoes or other games of chance shall be permitted or any form of gambling allowed in any Billiard Room, or in any other business place operated in connection therewith, and it is expressly provided that such games as are now known as Kelly Pool, Keno, Pigeon Pool, Parker Pool, Star Pool, Serub and similar gambling devices are prohibited. No racing or other betting pool shall be exhibited, or sold in such place of business. The use of Baseball Tickers and the posting of results of sporting events is expressly prohibited in billiard rooms or in any place operated in connection therewith. No intoxicating liquors shall be sold, served, or allowed to be used, in or on the premises. Gambling prohibited. Posting of sporting results; intoxicating liquors. Sec. 9. All public Billiard Rooms shall be kept in a clean sanitary condition, and shall comply with all sanitary rules, and regulations of the Health Department of the State, County and City. Sanitation. Sec. 10. No Billiard Room shall permit any screens, curtains, blinds, partitions, or other obstructions to be used to prevent a clear view of the interior, which clear view must be maintained at all times. No partitions forming rooms, stalls or other enclosures shall be permitted. This provision, however, shall not be construed to

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prohibit the maintenance of wash rooms and toilet rooms for proper purposes, nor the maintenance of closets for storing purposes exclusively. Partitions and screens prohibited Sec. 11. It shall be unlawful for any Billiard Room to maintain connections with any place where gambling is conducted, or where persons congregate for liquor drinking, or for immoral purposes. It shall be unlawful for any license to display or use the word pool in or on any window, sign, building, stationery or advertising matter used in connection with such place of business. Connections with gambling houses. Sec. 12. Every person, firm or corporation who shall operate a billiard room within city or incorporated town in this State, without having applied for a license, as provided for in Section 3 and 4, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than $25.00 nor more than $50.00, and each day that said place is operated without a license shall be deemed a separate offense. Operation without licenses; penalty. Sec. 13. Every licensee shall post up in his room, where said tables are operated, a placard having Section 7 of this Act conspicuously written, for the information of his patrons. Placard publishing Sec. 7 of this Act. Sec. 14. It shall be the duty of the Sheriff, Police or other constituted authorities to inspect all public Billiard Rooms in the County for the purpose of ascertaining whether or not the provisions of this Act are being observed, and it shall be his or their duty to report all violations promptly to the Solicitor General of his circuit, and furnish him with such information and assistance as is necessary for the prosecution of such violations. Inspection by police. Sec. 15. That the provisions of this Act shall not be construed to include Billiard Tables, or Billiard Rooms operated by private Industrial Concerns, Young Men's Christian Associations, Religious Orders, Charitable Institutions,

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State, County or City Institutions, Fraternal Orders, or bona fide clubs using such tables for members or employees only. Club billard rooms not affected. Sec. 16. Any licensee who shall knowingly violate any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $10.00, nor more than $50.00, for the first offense, and shall be fined not less than $25.00 nor more than $100.00 for the second offense, and upon third conviction, the license shall be cancelled, and said bond of $500.00 shall be forfeited to the State. Penalties. Sec. 17. This Act shall not be construed as authorizing the issuance of billiard room license by City Officials or Tax Collectors for the operation of public Billiard Rooms in any City or Town in this State where the operation of a public Billiard Room is now prohibited by local Ordinance. City ordinances not interferred with. Sec. 18. This Act shall take effect and become operative January 1, 1926. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. If any section, clause, provision or portion of this Act shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section or clause of this Act. Effective Jan. 1 1926. Approved August 26, 1925. CHILD LABOR REGULATED. No. 247. An Act to regulate the employment of children; to provide for the issuance of certificates with reference to age and educational qualifications of children; to provide for the revocation of such certificates by the Commissioner or Assistant Commissioner of Commerce and Labor; to provide that fourteen years be minimum

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age limit for work in certain occupations; sixteen years the minimum age limit for work between the hours of 7: 00 p. m. and 6: 00 a. m. and for certain specified hazardous occupations, to provide that it be the duty of the Commissioner of Commerce and Labor and his authorized assistants to enforce the provisions of this Act; to provide for the time when this Act shall become of force and effect; making it a misdemeanor to violate any of the provisions of this Act; to repeal Section 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 found on pages 89, 90, 91, and 92, of the Acts approved August 14th, 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 same, That no child under the age of fourteen years of age shall be employed by or permitted to work in or about any mill, factory, laundry, manufacturing establishment, workshop, Provided that it shall not be construed that this Act shall affect domestic employment or agricultural pursuits. Employment of children under 14 in mills, etc., prohibited. Sec. 2. Be it further enacted by the authority aforesaid, That no child between the ages of fourteen and sixteen shall be employed by or permitted to work in or about establishments or occupations named in Section 1 between the hours of 7: 00 p. m. and 6: 00 a. m. according to the standard time of the community in which such establishment is located and unless all of the requirements of the compulsory education law have been complied with. Children under 16 between 7 P M. and 6 A.M. Sec. 3. Be it further enacted by the authority aforesaid, That no child under the age of sixteen years of age shall be employed, permitted, or suffered to work at any of the following occupations or in any of the following positions: operating or assisting in operating any of the following machines; circular or band saw; wood shapers; wood jointers; planers; sand paper or wood polishing

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machinery; wood turning or boring machinery; machine used in picking wool, cotton, hair, or any other material; job or cylinder printing presses; boring or drilling presses; stamping machines used in sheet metal or tin ware, or in paper or leather manufacturing or in washer or nut factories; metal or paper cutting machines; corner staying machines; steam boilers; dough brakes or cracker machinery of any description; wire or iron straightening of drawing machinery; rolling mill machinery; power punches or shears; washing, grinding, or mixing machinery; laundrying machinery; nor engaged in any work in or about a rolling mill, machine shop or manufacturing establishment, which is hazardous, or dangerous to health, limb or life; or in proximity to any hazardous or unguarded gearing; or upon any railroad, whether steam, electric, or hydraulic; or upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this State. Nor shall any child under the age of sixteen years be employed, permitted, or suffered to work in any capacity, in, about, or in connection with any process in which dangerous or poisonous acids are used; nor in the manufacture or packing of paints, colors, white or red lead; nor in soldering; nor in occupations causing dust in injurious quantities; nor in the manufacture or use of poisonous dyes; nor in the manufacture or preparation of compositions with dangerous or poisonous gases; nor in the manufacture or use of compositions of lye in which the quantity is injurious to health; nor on scaffolding; nor in heavy work in the building trades; nor in any tunnel or excavation; nor in, about, or in connection with any mine, coke breaker; coke oven, or quarry; nor to be employed to operate any automobile, motor car or truck; nor to work in any bowling alley; nor in any place or occupation which the State Board of Health may declare dangerous to life or limb or injurious to the health or morals of children under sixteen years of age, provided this Act shall not apply to job or cylinder presses operated in connection with charitable or Eleemosynary institutions. Children under 16; certain dangerous occupations specified.

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Sec. 4. Be it further enacted by the authority aforesaid, that no child between the ages of fourteen and sixteen shall be employed or permitted to work in or about any of the establishments named in Section 1 of this Act, unless and until a certificate issued by the superintendent of the schools (or by some member of his staff authorized by him in writing) in the county or city where said child resides is issued; showing the true age of such child and that said child is not less than fourteen years of age and is physically fit to follow the employment sought to be obtained. A like certificate shall be issued in cases of all children between the ages of sixteen and eighteen. The certificates must show that the said child is fully sixteen years of age to qualify said child to work between the hours of seven p. m. and six a. m. and to be employed in any of the occupations enumerated in Section Three. No employment certificate shall be issued to any child until he has submitted to the issuing officer: Children 14 to 18; Employment certificate issued by Superintendent of Schools. Documents submitted to issuing officer. (1) A statement from the employer that at the present time if he were furnished with a certificate from the school superintendent as required by law he could place the child at work, giving the character of employment, it being understood that the employer does not undertake to employ the child for any specific length of time. Employer's statement. (2) A showing satisfactory to the authority issuing such employment certificate that such child has attained the age specified and that such child is able to read and write simple sentences in the English language. One of the following evidences of age, showing such child to have attained the age of fourteen years, shall be required in the order herein designated: Education and age. (a) A birth certificate or duly attested transcript thereof issued by the registrar of vital statistics or other officer charged with the duty of recording births. Birth certificate. (b) A baptismal certificate or transcript of the record of baptism duly certified, showing the date of birth and place of baptism of child. Baptisimal certificate.

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(c) A bona fide contemporry record of the date of the child's birth comprising a part of the family record of births in the Bible, or other documentary evidence satisfactory to the issuing officer such as a certificate of arrival in the United States issued by the United States immigration officers and showing the age of the child, or a life insurance policy: Other evidence of birth or immigration. Provided, that such other satisfactory documentary evidence has been in existence at least one year, and in case of life insurance policy at least four years: And provided further, that a school record or a school census record or a parent's, guardian's or custodian's affidavit or other statement of age shall not be accepted except as specified in the succeeding paragraph. (d) A certificate signed by a public-health physician or public-school physician, or if neither of such physicians is available a certificate from a physician designated by the issuing officer stating, in his opinion, the physical age of the child. Such certificate shall show the height and weight of the child and other evidence of physical age revealed by the physician's examination or upon which the opinion of the physician is based. A parent's, guardian's, or custodian's signed statement as to the age of the child, and a record of age as given on the register of the school first attended by the child, or in any school census, if obtainable shall be submitted with the physician's certificate showing physical age. No certificate shall be issued if the physician's certificate of physical age or the parent's statement or the register of the school first attended or the school census shows the child to be under fourteen years of age. Physician's certificate. The evidence of age stated in paragraph (a) shall be required in preference to that specified in any subsequent paragraph, and evidence of age permitted by any later paragraph shall not be accepted unless there shall be received evidence that the proof of age required by the preceding paragraph or paragraphs cannot be obtained. Upon the termination of the employment of any child between

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14 and 16 years of age, the employer knowing of such termination, his employer shall return within 5 days the employment certificate to the authority issuing same, and thereafter a new certificate shall be issued only upon presentation by the child of a new statement for employment. If the employer has no knowledge of the child having terminated employment, but the child has failed to appear for work during the period of thirty days, the employer shall then return the certificate to the authority issuing same. That the certificate mentioned in the foregoing paragraph shall state the full name, date and place of birth of the child, with the name and address of the parent, guardian, or person sustaining the parental relationship to such child, and that the child has appeared before the officer, and the evidence of age required herein. Blank forms of these certificates shall be furnished by the Commissioner of Commerce and Labor to the Superintendent of Schools in the respective cities and counties. A duplicate copy of each certificate shall be filed with the Commissioner of Commerce and Labor within four days from its issuance. The Commissioner of Commerce and Labor may, at any time, revoke any certificate if, in his judgment the certificate was improperly issued. He is authorized to investigate the true age of any child employed, hear evidence, and require the production of relevant books or documents. If the certificate is revoked, the then employer shall be notified, and said child not thereafter be employed or permitted to labor until a new certificate has been legally obtained. Evidence of age. Termination of employment. Revocation of certificates. Sec. 5. Be it further enacted by the authority aforesaid, that it shall be the duty of the Commissioner of Commerce and Labor and his authorized assistants to see that the provisions of this Act are enforced. Enforcement by Commissioner of of Commerce and Labor. Sec. 6. Be it further enacted, that any person, agent, or representative of any firm or corporation violating any of the provisions of this Act; or any parent, guardian, or other person standing in parental relationship to any child, who shall hire or place for employment of labor, any

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child under the age limit and other qualifications as fixed by this Act, in any of the establishments or occupations named in this Act, or any Superintendent of any county or city school who shall issue a certificate, knowing its issuance was illegal; or any person who shall knowingly furnish any untrue evidence with reference to the date or place of birth of said child, or age of said child, or its educational qualifications shall be guilty of a misdemeanor and, upon conviction, be punished as prescribed in Section 1065 of the Penal Code of 1910. Penalties. Sec. 7. Be it further enacted by the authority aforesaid, that the provisions of this Act shall be of force on and after January 1st, next, following the passage of this Act. Effective Jan. 1, 1926. 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 17, 1925. ETHYL ALCOHOL, MANUFACTURE AND SALE REGULATED. No. 394. An Act to permit the manufacture of Ethyl Alcohol in the State of Georgia from sawdust, chips, slabs or other wood substances, or material or materials produced therefrom, or from waste material of any kind, or from molasses, with the aid of such fermenting materials or boosters as may assist in the production of such Alcohol from any or all such materials, under specified conditions and restrictions, and to regulate the sale and transportation thereof: to provide penalties for its violation, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, as follows, to-wit:

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Section 1. From and after the passage of this Act it shall be lawful for any person, firm or corporation to manufacture in this State ethyl alcohol from sawdust, chips, slabs or any other wood substances, or material or materials produced therefrom, or from waste material of any kind, or from molasses, with the aid of such fermenting materials or boosters as may assist in the production of such alcohol from any or all such materials, subject to the conditions and restrictions hereinafter set out. Manufacture permitted. Sec. 2. Before any person, firm or corporation shall be authorized to engage in the manufacture of ethyl alcohol as provided in Section 1 of this Act, such person, firm or corporation shall file with the Ordinary of the county in which the plant for the manufacture of such alcohol is to be located, a statement giving the following information: Statement. 1. The name and address of the applicant, if an individual; and if a firm, the names of all members thereof with the addresses of the firm and of the individual members; and if a corporation, with the name of the president or other chief executive officer and his address. Mame and address of spplicant. 2. The name and address of the person who is to be in charge of the proposed plant as manager or superintendent. Of Manager. 3. A tracing or blue print showing the location and layout from and including fermentation equipment to finished and/or stored alcohol equipment, of the proposed plant, with the dimensions shown thereon. Blue print of plant. Such application shall be verified by the affidavit of the applicant if an individual, or by a member if the applicant is a firm, or by an executive officer if the applicant is a corporation. The affidavit shall also contain the declaration that the applicant does solemnly promise that the terms, conditions and restrictions placed upon the manufacture of ethyl alcohol in this Act shall be faithfully kept and observed by the applicant in the operation of the proposed plant. Affidavit.

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Upon the filing of such statement the applicant shall pay the Ordinary the sum of Five Dollars as his fee for filing such statement, and thereupon shall be authorized to proceed with the construction of such plant in accordance with the plans shown in the statement so filed. Fee. If during the course of construction or after completion the applicant should make alterations in or additions to the plant as shown by the tracing or blue print so filed with the application, a supplemental statement accompanied by a tracing or blue print showing such alterations or additions shall be filed in the same manner and with a similar affidavit. If there should be a change of the person in charge of such plant as manager or superintendent, or a change in the ownership thereof, the owner of the plant shall file a supplemental statement showing such change, verified as aforesaid. The Ordinary shall be paid a fee of One Dollar for filing each supplemental statement. Alterations; supplementary statements. A copy of the statement so filed, certified as exemplifications from the Court of Ordinary are required to be certified, shall be admissible in evidence either for or against the applicant or owner in any court proceeding in which the matter appearing in such statement would be relevant and material evidence. Statement admissible in evidence. Sec. 3. It shall not be lawful for any equipment from and including fermentation equipment to finish and/or stored alcohol equipment, to be used in the manufacture of ethyl alcohol unless such equipment be shown on the statement or supplements thereto on file with the Ordinary of the County in which located, as provided in the preceding section; nor shall it be lawful for any said equipment shown on such statement to be used for any purpose in connection with the manufacture, storage or handling of such alcohol, except for the purpose designated on said statement or supplements thereto. Any such unauthorized use of any such equipment shall not fall within the operation of this Act, but shall be governed by

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the existing laws of this State prohibiting such use, and the owner or owners thereof, and any other person or persons guilty of making such use, shall be subject to the penalties fixed by existing laws. Unauthorized use of equipment. Sec. 4. No ethyl alcohol shall be manufactured under the provisions of this Act to be used either within or without this State as a beverage. Manufacture for use as beverage prohibited. Sec. 5. Ethyl alcohol manufactured under the terms of this Act may be sold by the manufacturer in Georgia, and may be transported to points within the State, in the same manner and to the same extent and for the same purposes that such alcohol lawfully may be purchased outside of the state and brought into the state under the laws of the United States governing such matters, and the rules and regulations prescribed by the Department of the United States Government having at the time jurisdiction and control thereof. All such alcohol manufactured under the terms of this Act not sold and transported within the State shall be handled and kept from the date of its manufacture until denatured, or until delivered to some common-carrier for shipment without the State, and shall be handled and transported by the common-carrier to whom delivered, in accordance with the laws of the United States governing such matters, and the rules and regulations prescribed by the Department of the United States Government having at the time jurisdiction and control thereof. Sale and transportation. Sec. 6. Any plant operating under the provisions of this Act, shall, subject to the laws and or regulations of the United States, be open to the inspection of the sheriff, or any deputy sheriff, or any committee of the grand jury, or any person designated by the grand jury, or the solicitor of any city or county court, of the county in which the plant is located, or of the Solicitor-General of the circuit in which such county is located, or any person or persons designated by him, or of any State, United States, County or Municipal Prohibition Enforcement

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Officer within whose jurisdiction the plant is located, at any and all reasonable hours, without a search warrant, or other legal process or authority, providing such person or persons, officer, representative and or committee shall tender credentials duly identifying himself and or such committee. Inspections. Sec. 7. In order for the manufacture and handling of ethyl alcohol within this State to be lawful, the manufacturer thereof must comply with the terms and provisions set out in Sections 2 to 6 inclusive, of this Act. A failure to comply with all or any such provisions will operate to remove such manufacture and handling of ethyl alcohol from the protection afforded by this Act, and in that event the existing prohibition laws of Georgia against the manufacture, sale, transportation, handling, storage and being in possession of intoxicating liquors and beverages shall apply with full force and effect to any person, firm or corporation undertaking or claiming purporting to operate under the terms of this Act, and to all agents and employees of such person, firm or corporation. Failure to comply. Sec. 8. Denatured Alcohol as used in this Act shall mean ethyl alcohol denatured in accordance with the rules and regulations prescribed by the Department of the United States government having at the time jurisdiction and control of such matters. Denatured alcohol defined Sec. 9. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 25, 1925.

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GAME AND FISH; PROTECTION OF; COMMISSIONER'S SALARY. No. 427. An Act for the protection of birds, fish, game, and furbearing animals; to amend an Act entitled, An Act for the protection of game animals and birds, etc., approved August 21, 1911; defining the powers of the Board of Game and Fish; to provide how the Game Protection Fund shall be used; amending an Act entitled An Act to revise and amend the game and fish laws of the State of Georgia, approved August 8, 1924; fixing the salary of the Game and Fish Commissioner; providing penalties for violating this Act; to repeal all laws in conflict herewith, 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 a license shall be required to hunt in Georgia, and shall be issued only upon a written application on a form to be prescribed by the Game and Fish Commissioner. Any person who shall make a false statement as to his residence in such application shall be guilty of a misdemeanor. A license may be issued to a person to hunt in his resident county upon the payment of a fee of $1.00; if such application is accompanied by a fee of three dollars ($3.00) the license shall authorize the applicant to hunt throughout the state. A non-resident of Georgia may procure a license to hunt throughout the State upon the payment of a fee of $25.00. All licenses shall be dated, and if issued in open season shall authorize the holder to hunt during the remainder of said season; and if issued during the closed season shall authorize the holder to hunt during the next succeeding open season. The fees from the sale of licenses shall be remitted, less the county warden's commission, to the Game and Fish Commissioner on the first of the month following the sale of licenses, provided, that nothing herein shall prevent a landowner, or his tenants and their families with the

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landowner's consent, from hunting on his own land without a license. Hunting Licenses Sec. 2. Be it further enacted by the authority aforesaid, that the following is established as the lawful open season for hunting birds and animals in Georgia, to wit: Quail, Wild Turkeys, and Plovers, from November 20th to March 1st, inclusive; Doves, from October 16th to January 31st, inclusive; Woodcock and Summer or Wood Duck, from September 1st to January 1st; Snipe, from November 1st to January 31st; Marsh hens, from September 1st to November 30th; Deer, from November 1st to December 31st, inclusive; Cat Squirrel, from November 20th to March 1st. Open season. Any person who shall hunt, kill or destroy by any means whatever, or who has in his possession any of the above named birds or animals, except between the respective dates above specified shall be guilty of a misdemeanor. Sec. 3. Be it further enacted, that during the open season it shall be unlawful for any person to kill more than two deer or two wild turkeys in any one season or more than fifteen cat squirrels or twenty quail or twenty-five game birds of any other species on any one day. Limit of number killed. Sec. 4. Be it further enacted, that every person killing a deer in this State shall, within five days report the fact in writing to the game warden of the county in which said deer was killed, and if the name or address of said county warden is not known to the hunter, or if for any good reason he cannot notify said warden he shall make the report in writing to the Commissioner of Game and Fish, Atlanta, Georgia, within the time above specified. Report of deer killed. Sec. 5. Be it further enacted, that any person who shall catch or kill or have in his possession any wild pheasant, grouse, or fox squirrels, prior to November 20, 1930, shall be guilty of a misdemeanor. Pheasants, grouse, fox squirrel; penalty for killing or catching. Sec. 6. Be it further enacted, that it shall be unlawful to scatter upon the lands of any person whether it be the

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owner of the land or not, any corn, wheat or other grain, or to bait for the purpose of drawing to the land where such bait was scattered or placed, game birds or doves, for the purpose of shooting or allowing to be shot at, or kill such game birds or doves at or near the land so baited; and it shall be unlawful for any person to shoot at or kill any dove or game birds at, upon or over or near any land baited or baited field or land. Baiting of same birds and doves unlawful. Sec. 7. Be it further enacted, that the following shall be deemed fur-bearing animals: Mink, otter, beaver, bear, wild-cat, musk rat, skunk, racoon, o'possum, and fox. Fur-bearing animals. Sec. 8. Be it further enacted by the authority aforesaid, that the season for taking or possessing mink, otter, beaver, bear, muskrat, and racoon, shall be from the 20th day of November to the 1st day of February, inclusive; the season for taking or possessing either red or gray foxes shall be from the first day of September to the 31st day of January, inclusive. At any and all other times it shall be unlawful to take in any manner, to possess, to kill, or in any manner to destroy any of said animals; provided, however, that nothing herein shall prevent a person from killing any of said animals while destroying or damaging or about to destroy or damage such person's crops, domestic fowls or other personal property; and provided further, that it shall be lawful for any person to have in his possession at any time of the year any live animals above mentioned for pets or for scientific purposes or for the purpose of propagation, upon obtaining a permit therefor from the Game and Fish Commissioner and by complying with the provisions of law for obtaining permits for keeping birds or wild animals. Open season. Permits for possession. Sec. 9. Be it further enacted, that it shall be unlawful to run or chase, or to dig up a fox, or to anywise molest the den of foxes, except during the lawful season for taking foxes. Foxes in closed seasons. Sec. 10. Be it further enacted, that it shall be unlawful for any person to capture any of the fur-bearing animals

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described in Section 7 by means of traps, dead falls, or other similar devices, or to set or use any trap, dead fall, or other similar device, for the purpose of capturing any of the said fur-bearing animals, except between November 20th and the last day of February, inclusive; provided, however, it shall be unlawful to take or catch foxes at any time of the year by means of traps, dead falls or other similar devices; and provided further that skunks and wild cats may be killed or captured at any time of the year, by shooting or any other means except with traps, or dead falls or similar devices. Traps. Sec. 11. Be it further enacted, that it shall be the duty of the county game warden, deputy warden, and all other deputies or employees of the Game and Fish Department to confiscate all traps, dead falls, or other similar devices used in violation of the provisions of this Act, and to dispose of same as may be directed by the Game and Fish Commissioner. Confiscation. Sec. 12. Be it further enacted, that one who traps furbearing animals for the purpose of selling animals or their hides, skins or pelts shall be required to provide himself with a trapper's license to be issued by the Commissioner of Game and Fish on written application upon the same conditions as are prescribed for the issuance of hunting license. Any person making false statement in an application for a trapper's license, shall be guilty of a misdemeanor. Trapper's license. Sec. 13. Be it further enacted, that a trapper's license shall be issued to a resident of the State of Georgia upon the payment of a fee of $3.00, and to a non-resident upon the payment of a fee of $25.00. All trapper's licenses shall authorize the holder to engage in trapping anywhere in the State of Georgia. Fee. Sec. 14. Be it further enacted, that any county warden shall receive a commission of $1.00 on each resident trapper's license sold by him and a commission of $5.00 on each non-resident trapper's or hunter's license sold by

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him. The remaining portion of said license shall be remitted to the Game and Fish Commissioner on the first day of each month following the date of sale, for credit to the Game Protection Fund. Commission to County Warden Sec. 15. Be it further enacted, that every person, firm or corporation who shall buy or sell, ship or transport the skins, hides or pelts of any of the fur-bearing animals mentioned in Section 7 shall be required to make such reports of purchases, sales, and shipments as may be prescribed by the Board of Game and Fish, and the Board of Game and Fish is hereby empowered to enact the necessary rules and regulations to carry out the purpose of this Section. Reports of fur transactions Sec. 16. Be it further enacted, that if any person shall use dynamite or other explosives or destructive substances in any of the waters of this State for the purpose of killing fish, he shall be guilty of a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $100.00 or more than $1,000.00, and all costs, or to work on the public works for not less than three months or more than twelve months or imprisonment in the common jail for not less than three months nor more than twelve months, either or all of said punishments in the discretion of the Judge; provided that the provisions of this nor any other section shall in any wise apply to the emptying into by mills, dye plants or other industries in this State of refuse necessary from the operation of said mills, dye plants or other industries. Explosives for killing fish prohibited. Penalty Sec. 17. Be it further enacted, that if any person shall use any kind of fire arms for the purpose of killing fish in Georgia he shall be guilty of a misdemeanor. Fire arms for killing fish. Sec. 18. Be it further enacted, that the owner of a private pond, his family or tenants, with the owner's consent, shall be permitted to fish within the bounds of said pond at any time and in any manner they please. A private pond is one which lies wholly within the boundaries of a single ownership. Private ponds.

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Sec. 19. Be it further enacted, that it shall be unlawful for any person to place or cause to be placed in any of the rivers, creeks, lakes, ponds, or other waters of this State, except private ponds, any trap, basket, or similar device, whether constructed of wire, wood or other material, for the purpose of catching fish. It shall be the duty of any county game warden, deputy game warden, sheriff or other officer to destroy such trap, basket or other device upon discovery of same and report that fact to the State Game and Fish Commissioner. Any person violating the provisions of this section shall be guilty of a misdemeanor. Fish [Illegible Text] Sec. 20. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the approval of this Act it shall be a misdemeanor for any person to take from any of the fresh water streams of this State any fish with seine, net, gig or spear or with any other device or by any other means than with a hook and line for a period of five years; provided, nothing in this Act shall prohibit the taking of minnows where a seine is used for such purpose, the same not to exceed four feet in length, and provided further, that the provisions of this section shall not prohibit the taking of shad fish in the manner and season provided by law. Seines and nets. Sec. 21. Be it further enacted, that all monies received by the Commissioner of Game and Fish to the credit of the Game Protection Fund shall be used for the payment of the expenses of the State Board of Game and Fish, the salary of the Commissioner, his incidental expenses, the salaries and expenses of inspectors, wardens and deputies, and for the conservation and propagation of game and fish in Georgia. Provided, that such salaries and other expenses shall not be a charge upon the State fund nor payable out of any other fund than the monies on hand to the credit of the Game Protection Fund. All such monies not used for this purpose shall be paid over

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to the State Treasurer for the benefit of the common schools of Georgia as now provided by law. Receipts of Commissioners. Sec. 22. Be it further enacted, that the State Board of Game and Fish is authorized and empowered to: Powers of Board. (1) Make the necessary rules and regulations to carry into effect the game and fish laws of this State. Regulations. (2) Introduce into Georgia desirable species of birds, fish and game and fur-bearing animals and to cause same to be distributed in such localities as may be best suited to their habits. Introduction of anmals. (3) Establish hatcheries for the purpose of propagating fish to be distributed in the various streams of this State. Hatcheries. (4) Adopt rules and regulations concerning the operation and management of said game preserves and fish hatcheries. Preserves and hatcheries. (5) Set aside or close, with the consent of the land-owners, areas for use as game preserves or refuges and to prescribe the time, method and conditions for hunting in said areas, provided, that when such preserves are reopened for hunting they shall be for the common use of all the people of said State for hunting in compliance with the game laws. (6) To adopt any other rule or regulation having for its purpose the conservation and propagation of the fish and game of the State; provided, however, that none of the rules or regulations shall in any wise conflict with the established laws of the State, and provided further that all monies used for the purpose of carrying out any of the powers vested by this section shall be drawn from the monies actually on hand to the credit of the Game Protection Fund and shall in no event be a charge upon the general Treasury of the State. Other regulations; expenses. Sec. 23. Be it further enacted, that upon the recommendation of the Grand Jury of any county, the said

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Board of Game and Fish shall have the power to regulate or prohibit the taking of fish from any streams or other waters of this State during any month or months in which said fish in said waters commonly spawn. That when such recommendation has been made by any Grand Jury and a certified copy thereof prepared by the clerk of the Superior Court of the county in which such action is had and transmitted to the Board of Game and Fish, it shall be the duty of said Board and it shall be required to immediately pass an order carrying out the recommendation of said Grand Jury and advertise said order in the county affected in a newspaper of general circulation therein once a week for four weeks, and such order shall not be effective until thus advertised. That the recommendation of the Grand Jury as aforesaid shall specify the period of time during which said fishing shall be regulated or prohibited. Spawning seasons; recommendation by Grand Jury. Sec. 24. That said Commissioner of Game and Fish shall receive a salary of Three Thousand Six Hundred Dollars ($3,600.00) to be paid monthly in equal monthly installments to be paid out of the Game and Fish Protection Fund, and said Tidewater Commissioner shall receive a salary of Three Thousand Dollars ($3,000.00) per annum, payable only out of the fund known as the Coastal Fisheries Fund. Commissioner's salary. Sec. 25. Be it further enacted, that no monies expended pursuant to any of the provisions of this Act shall be a charge upon the general fund, but all of such monies so expended shall be drawn from any amount actually on hand to the credit of the Game Protection Fund. Monies. Sec. 26. Be it further enacted, that any person who shall violate any rule or regulation duly adopted by the Board of Game and Fish pursuant to the provisions of this Act shall be guilty of a misdemeanor. Violation. Sec. 27. Be it further enacted, that any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and, unless other punishment is specifically

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provided herein, he shall be fined not less than $25.00 and not more than $200.00 and all costs of court, or sentenced to work on the public works for not less than thirty days or more than ninety days or by imprisonment in the common jails for not less than thirty days or not more than ninety days, either or all of said punishments in the discretion of the court. Penalty. Sec. 28. Be it further enacted, that the following laws and parts of laws be and they are hereby repealed, to-wit; Sections 6, 14, 15, and 18 of An Act for the protection of game animals and birds and fish, etc., approved August 21, 1911; Sections 2 and 5 of An Act to amend an Act, entitled `An Act for the protection of game animals and birds and fish,' approved August 19, 1912; Section 4, 5 and 6 of An Act to amend an Act, entitled `An Act for the protection of game animals and birds and fish', etc., approved August 21, 1916; and Section 594 (D) of An Act to amend Section 594 of the Penal Code, Park's Supplement, etc., approved August 15, 1921; and also all of An Act to amend an Act approved August 9, 1920, entitled `An Act to protect fur-bearing animals,' etc., approved August 15, 1922, and all other laws or parts of laws in conflict with this Act are hereby repealed. Acts repealed. Clifford Walker, Governor. Approved August 26, 1925. JEWELRY AUCTIONS REGULATED. No. 419. An Act to prevent fraud and deception at jewelry auctions in this State, and to define who shall hold such auctions and to regulate same. 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, except as hereinafter provided, it shall be unlawful for any person, firm or corporation to sell, dispose of or offer for

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sale in the State of Georgia, at public auction, or cause or permit to be sold, disposed of or offered for sale at auction in the State of Georgia, any diamonds, or any other precious and semi-precious stones or imitations thereof, watches, clocks, jewelry, gold, silver or plated ware, china, glassware or leather goods, whether the same shall be their own property or whether they sell the same as agent or employees of others, provided, however, that this section shall not apply to judicial sale or sales by any executor, administrator, nor the sale by holder of personal security under a contract allowing public sale in default of payment of debt, nor to the sale at public auction of the stock on hand of any person, firm or corporation that shall for the period of two years next preceding the sale have been continuously in business in the same city, town or community in the State of Georgia, as a retail or wholesale merchant dealing in the articles above mentioned; and provided further that where such auction sales as are allowed under this Act shall be held by such merchant, such sales shall be held continuously from day to day, and shall not continue longer than thirty days, Sundays and legal holidays excepted; nor shall the same dealer, either by himself or another, conduct another auction sale in connection with such business for a period of twelve months from the last date of a former sale. Sec. 2. Be it further enacted, that before any auction sale of the articles herein before stated shall be held, such dealer shall first obtain from Commissioner of Labor of this State a license permitting such a sale, which license shall state the dates and the place at which the sale shall be held, and shall display such license in a conspicuous place of sale during the entire period covered by it. Such dealer shall also, before commencing such sale, file with the ordinary of the county in which the sale is to be had, a full and true inventory of all the articles to be sold thereat, and opposite each article listed therein to be sold, shall be plainly written or printed the correct purchase price of such article, and shall attach to such list an affidavit

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made by the party desiring to hold such sale, or if a firm or corporation, by a member of such firm or an agent of such corporation, that said list contains a true statement of all the articles to be sold, and the purchase price of each such article; and such sworn inventory shall be filed by said ordinary and kept open for sixty days, subject to the inspection of any one desiring to inspect same. At the auction held pursuant to such filing, no other article shall be sold except those included in such sworn inventory, nor during the continuance of such auction sale shall any additional goods, wares or merchandise of the same or similar nature to those being sold, be received upon the premises wherein the articles being sold are kept, nor where such sale is being held, until such sale is completed and the time for such sale, under the license obtained, has expired. License. Inventory. Sec. 3. Be it further enacted, that upon securing such license and before commencing such auction sale covered thereby, the licensee shall make and file with the ordinary of the county in which such sale is to be had, a bond in the sum of one thousand ($1,000.00) dollars in some good and solvent surety company doing business in this State, or other good and sufficient bond subject to the approval of the Ordinary of the county wherein the sale is to be had, said bond conditioned upon the carrying on of said sale in accordance with the terms of this Act. Upon the violation of any of the terms of this Act in the carrying on of such auction sale, any person, firm, or corporation injured by such violation, may sue and recover upon such bond in the name of the Governor of this State, for the use of such person, firm, or corporation, and for the amount of the injury or loss sustained by reason of such violation to the amount of such bond. In case of the violation of this Act, where the injury to any person, firm, or corporation is less than the amount of said bond, a recovery shall be had for the full amount of the bond, and a sufficiency of said amount, as determined by the verdict of the jury, shall be applied to the payment of loss sustained by such

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person, firm, or corporation, and the balance shall go to the common school fund of this State. Upon the rendition of a verdict for the plaintiff under this Act, the license under which the sale was had shall become ipso facto null and void. Bond. Sec. 4. Be it further enacted, that by ten o'clock of each morning during the continuance of any auction sale under this Act, the person, firm, or corporation holding same shall file with the ordinary of such county, a complete list of articles sold at such sale on the day previous, showing the true price received for such article sold, and to such record of sales shall be attached the affidavit that the same is a true and correct statement of all the sales of such previous day. Such daily reports, under oath, must also be filed by said ordinary and kept open for the inspection of the public as are all public records in such office. List of sales submitted daily. Sec. 5. Be it further enacted, that it shall be unlawful for any person, firm, or corporation conducting such auction to employ or use at such sale any by-bidders, capper, or booster, nor shall any person act as by-bidder, capper, or booster, nor shall the auctioneer at such sale accept, nor pretend to accept, any false, misleading or fictitious bids for any article offered for sale, but every sale must be bona-fide and for cash. The auctioneer at such sale shall recognize no bidder for any article exposed for sale, unless such bidder, in bidding, shall extend his arm above his head so as to be plainly seen and identified as such bidder by those present, and each article sold shall be immediately and publicly delivered to such successful bidder therefor, and the amount of the bid then and there publicly paid for such article by the purchaser. By-bidders, etc. Sec. 6. Be it further enacted, that each article exposed for sale at such auction shall have attached to it a tag, upon which shall be plainly written or printed in English a true statement of its character and quality; if a diamond,

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the exact weight and the quality of the stone; if any other precious stone, its true weight and description; if the article be of metal, whether pure and of what degree of fineness; and if plated, the nature of the plating and the true nature of the metal covered by said plating; if the article offered for sale be an imitation of a precious stone, gold or silver article, the tag must plainly show that fact; if apparently of leather, whether real or imitation leather; the purposes of the above provisions being that each purchaser at such sale shall have full and correct information of the nature and quality of the article being sold. Tags giving this informtion shall remain firmly attached to such article sold and be delivered with it to the purchaser, and the facts stated upon such tag shall constitute a warranty that the article so sold is what it is thereupon represented to be and not otherwise. When watches or clocks are so sold, such attached tags shall show the true name of manufacturer of such watch or clock, and no parts or movements, mechanism of other watches or clocks, shall be secretly substituted for those originally forming such watch or clock, nor shall any false or misleading names or trademarks be used or substituted in connection with such watches, clocks, or the works thereof, nor shall any second-hand works be enclosed in any new watch case or clock case and sold or offered for sale as new, but all such substitutions shall be shown upon such tag, and such fact plainly stated by the auctioneer in offering such article for sale. If any second-hand goods or articles covered by this Act shall be offered for sale at this auction, such fact shall appear upon said tag attached to the article, and also be stated by the auctioneer conducting such sale. Descriptive Tags Sec. 7. Be it further enacted, that if at any auction sales held under this Act any person, firm, corporation or their agents conducting the sale, shall falsely represent that the articles being offered constitute any bankrupt stock, or fire salvage stock, or other stock sold under peculiar circumstances making such sale necessary or desirable,

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or should they make any false or misleading statement touching the history or condition of such articles to be sold, all such statements made by such person, firm, corporation, or by their agents at such sale, shall be held and deemed to be warranties and binding upon parties conducting such sales as such. False representation. Sec. 8. Be it further enacted, that any person, firm, or corporation and their agents conducting such sale, who shall violate any of the provisions of this Act, shall, upon conviction, be punished as for a misdemeanor, and that each and every violation thereof shall constitute a separate and distinct offense and punishable as such. Penalty. Sec. 9. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 26, 1925. MOTOR VEHICLES; LICENSING OF REGULATED. No. 377. An Act to provide for the better regulation of the licensing and registration of motor vehicles in the State of Georgia; to provide for the transfer of certificates of registration of motor vehicles; to provide for the verification of the initial application therefor and the forms of remittance of the license fee; to prescribe the duties of the Secretary of State hereunder, and to provide penalties for the violation of provisions of this Act. Section 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 January 1, 1926, initial applications for registration by owners of motor vehicles as defined by law shall be sworn to and shall include such additional information of ownership as the Secretary of State shall deem proper, and no motor vehicle shall be registered unless the Secretary of State is satisfied the

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applicant for registration is entitled to have the motor vehicle registered in his name. Proof of purchase at a judicial sale or previous registration in this State by the applicant may be accepted as evidence of ownership by the Secretary of State. A certificate of registration containing such description and evidence of identification of the motor vehicle as the Secretary of State considers proper shall be issued to the owner of each registered motor vehicle by the Secretary of State. The certificate of registration shall be good for the motor vehicle year in which issued so long as the motor vehicle is owned by the original holder of the certificate of registration. Duplicates may be obtained at a charge of fifty cents upon supplying the Secretary of State such information sworn to as he considers proper. Upon transfer of a motor vehicle the owner shall on the certificate of registration thereof assign in writing in form prescribed thereon said motor vehicle and make a statement of total amount, if any, liens thereon, and the certificate of registration shall be delivered at the time of transfer. The transferee of the certificate of registration shall immediately surrender the transferred certificate to the Secretary of State and apply for and be granted a new certificate of registration. The Secretary of State shall file the surrendered certificate of registration so that evidence of ownership to a motor vehicle may be at all times conveniently traced. Licensed motor vehicle dealers, however, shall hold and assign certificates of registration received by them to persons to whom the ownership of the motor vehicle is transferred. The Secretary of State may refuse to issue or may revoke a certificate of registration for cause. The Secretary of State shall maintain a record of motor vehicles reported stolen within this State against which all applications for certificates of registration shall be checked. Applicants for registration for motor vehicles brought into Georgia previously registered in other states shall be accompanied by an affidavit from the Secretary of State, or other motor vehicle registering official of that State, or other satisfactory evidence indicating

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that the applicant is the lawful owner of said motor vehicle. When an application for license tags and certificates is made to the Secretary of State, it shall be accompanied by cash, cashier's check, postal money order, or express money order for the license fee required by law. Money order receipts for the proper fee shall entitle the applicant to the use and operation of the motor vehicle sought to be licensed and registered for a period of fifteen days from the date of said remittance. The Secretary of State may, in his discretion destroy all motor vehicle records except those of the current year and the two years next preceding. Effective Jan. 1, 1926. Applications. Evidence of ownership. Certificate. Transfer. Revocation. Record. Feee. Sec. 2. Be it further enacted by the authority aforesaid, that the making of any false affidavit or affirmation as to any matter or thing required by the terms of this Act to be sworn or affimed to, shall constitute the crime of false swearing, and upon conviction shall be punished as provided by law. The forging or altering of any certificate of registration, issued by the Secretary of State pursuant of the terms of this Act, or any assignment thereof, shall constitute a felony and upon conviction therefor shall subject such person to the punishment provided in General Section 245 of the Penal Code. The operation of a motor vehicle from and after fifteen days from date of transfer thereof without a certificate of registration being issued in accordance with this Act shall constitute a misdemeanor punishable as such. False representation. Penalty. Sec. 3. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1925.

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NAVAL STORES STANDARDS REGULATED. No. 209. An Act to adopt the official Naval Stores Standards of the United States as the Naval Stores Standards of this State; to establish conformity between the laws of this State relating to Naval Stores and the Act of Congress approved March 3, 1923, known as The Naval Stores Act; to prevent deception in transactions in Naval Stores and regulate traffic therein; 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 this Act may be designated and cited as the Georgia Naval Stores Act. Designation of Act. Sec. 2. That when used in this Act Definitions. (a) Naval Stores means spirits of turpentine and rosin. Naval Stores. (b) Spirits of turpentine includes gum spirits of turpentine and wood turpentine. Spirits of turpentine. (c) Gum spirits of turpentine means spirits of turpentine made from gum (oleoresin) from a living tree. Gum spirits of turpentine. (d) Wood Turpentine includes steam distilled wood turpentine and destructively distilled wood turpentine. Wood turpentine. (e) Steam distilled wood turpentine means wood turpentine distilled with steam from the oleoresin within or extracted from the wood. Steam distilled wood turpentine. (f) Destructively distilled wood turpentine means wood turpentine obtained in the destructive distillation of the wood. Destructively distilled wood turpentine. (g) Rosin includes gum rosin and wood rosin. Rosin

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(h) Gum Rosin means rosin remaining after the distillation of gum spirits of turpentine. Gum Rosin.$ (i) Wood Rosin means rosin remaining after the distillation of steam distilled wood turpentine. Wood rosin. (j) Package means any container of navel stores, and includes barrel, tank, tank car, or other receptacle. Package. (k) Persons includes partnerships, associations, and corporations, as well as individuals. Persons. (l) Commerce means commerce within the State of Georgia, and shall be deemed to include all commerce other than that with foreign nations and among the several States and with the Indian Tribes. Commerce. Sec. 3. That the standards for spirits of turpentine and rosin established by the Act of Congress, approved March 3, 1923, known as the Naval Stores Act and those that may be hereafter established and promulgated by the Secretary of Agriculture of the United States pursuant to the authority conferred by said Act of Congress, shall be the Naval Stores Standards of this State. Said standards shall be referred to as the Official Naval Stores Standards of the United States, or by the abbreviated expression United States Standards. The various grades of rosin shall be designated as in said Act of Congress. United States Standards established. Sec. 4. That the following Acts are hereby declared injurious to commerce in naval Stores and are hereby prohibited and made unlawful: Acts injuriou to commerce. (a) The sale in commerce of any naval stores, or of anything offered as such, except under or by reference to United States Standards. Neglect of Standards. (b) The sale of any naval stores under or by reference to United States Standards which is other than what it is represented to be. Misrepresentation of standards.

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(c) The use in commerce of the word turpentine or the word rosin, singly or with any other word or words, or of any compound, derivitive, or imitation of either such word, or of any misleading word, or of any word, combination of words, letters or combination of letters, provided herein or by the Secretary of Agriculture of the United States to be used to designate naval stores of any kind or grade, in selling, offering for sale, advertising, or shipping anything other than naval stores of the United States Standards. (d) The use in commerce of any false, misleading, or deceitful means or practice in the sale of naval stores or of anything offered as such. False practice. Sec. 5. That any person wilfully violating any provision of Section 4 of this Act shall be guilty of a misdemeanor, and be punished for such offense as prescribed in Section 1065 of the Penal Code of this State. Penalty. Sec. 6. That the Commissioner of Agriculture shall cause a sufficient number of copies of this Act to be printed for public distribution among those engaged in the naval stores trade in this State. Publication. Sec. 7. That this Act shall become effective at the expiration of thirty days next after the date of its approval by the Governor. Effective 30 days after approval. Sec. 8. That Sections 1, 2, 3, 4, 5, and 6 of the Act of the General Assembly, approved August 17, 1903, known as the Pure Spirits of Turpentine Act, and Codification thereof in Sections 1821, 1822, and 1823 of the Civil Code of Georgia of 1911, and all other laws and parts of laws in conflict with this Act, are hereby repealed. Approved August 11, 1925.

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POLITICAL MASS MEETINGS REGULATED. No. 353. An Act to fix times and places for holding County, District, and State political mass meetings and conventions; to prescribe qualification for members and delegates of such conventions; to make a violation of the terms hereof a misdemeanor; and for other purposes. Section 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 no person shall offer to participate or be allowed to participate in any manner in any political mass meeting, convention or any other kind of meeting held for the purpose of electing or nominating officers or delegates to any County, District, State or any other kind of political convention or mass meeting or convention unless such person at the time is a duly registered and qualified voter of the county or district where such meeting is held. Participants to be qualified voters. Sec. 2. Be it further enacted by the authority aforesaid that from and after the passage of this Act all meetings, mass meetings, county and district conventions of any political parties held in this State shall be held in the county court house of the county wherein held, the day and hour of such meeting or convention to be posted at the court house door ten days prior to the date therein named for holding such meeting or convention. Held in County Court House. Sec. 3. Be it further enacted by the authority aforesaid that any person willfully violating any provisions of this act, shall, upon conviction be punished for a misdemeanor. Penalty. Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 22, 1925.

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RAILROAD CROSSINGS; SAFETY REGULATIONS. No. 300. An Act to promote the public safety at railroad crossings; to provide for warning signs; to require the stopping of motor vehicles approaching such crossing, and regulate their speed; to provide penalties and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That wherever in this State a public highway shall cross the main line of any railroad at grade, not in an incorporated town or city, it shall be the duty of the County Commissioners, Ordinary, or other authority in charge of roads in said county to designate each such grade crossing in their respective counties either as a safe Crossing or unsafe crossing. To be designated as a safe crossing it must be one with an open and clear view of the railroad track in each direction for at least two hundred yards from said crossing, and the approaches thereto, without obstruction of view. They shall designate as unsafe crossing all such crossings where there is no such clear and unobstructed view as stated above or where there is an abrupt crossing, or where the public road runs parallel or practically parallel with the railroad on approaching the crossing, or wherever on account of the great frequency of the use of the crossing or for other cause, the same is particularly dangerous to travel in the judgment of said authorities. Crossings safe and unsafe. Sec. 2. That wherever said crossings have been so classified as provided in Section 1 of this Act, it shall be the duty of the county authorities aforesaid to notify each railroad company on whose line the respective crossings exist in said county, of the location and classification of the crossings aforesaid. Said notice to the railroad companies shall be given by mail to the General Manager, or other executive officers of said railroad, and shall be given

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on or before November 1, 1925. Provided, nevertheless, that said county authorities shall have the authority from time to time in the future wherever new hazards arise, to change the classification of any crossing from safe to unsafe, and to designate the classification of such new crossings as shall hereafter be established and to give sixty days notice to the railroad companies in like manner as stated above. Notice to railway company. Sec. 3. Be it further enacted that the said railroad companies shall on or before the first day of January, 1926, or thereafter on sixty days notice, from the county authorities aforesaid, erect at the approach to each crossing designated as a dangerous crossing a white sign with red letters thereon, raised not less than ten feet from the ground, and not less than thirty inches by forty inches in size, which shall be placed on the right hand side of the approach to said crossing, and approximately one hundred feet from the rails of said railroad track, except where two roads intersect less than one hundred feet from the crossing, when the same shall be placed approximately at the intersection, which sign shall be lettered with the words Georgia LawStopUnsafe R. R. Crossing, which lettering shall not be less than nine inches in height. Signs at dangerous crossings. Sec. 4. Be it further enacted, that every person operating a motor vehicle on approaching a crossing so designated as an unsafe crossing, shall be and is hereby required to bring his vehicle to a full stop at a distance of not exceeding fifty feet from the nearest rail of the track and before he shall cross thereover, or attempt to do so. Full Stop. Sec. 5. At all crossings designated as safe crossings the said railroad companies shall erect a sign similar to the sign required in Section 3 of this Act in size and shape, which shall have thereon the words R. R. CrossingSlow Down to 6 MilesGa. Laws. Signs at safe crossings. Sec. 6. Be it further enacted, that it shall be the duty of every person operating a motor vehicle over a railroad

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crossing, so designated as a safe crossing, and marked with warning sign as above, to slow down his said vehicle on approaching said crossing to a speed of not more than six miles per hour, and shall not cross over said railroad crossing, or attempt to do so, at a greater speed than six miles per hour. The offenses created herein shall not be considered as warrantable offenses but prosecutions shall be by indictment or accusation. Limit 6 miles an hour. Sec. 7. Be it further enacted, that the provisions of this Act shall apply to the tracks of street railroads and interurban railroads only outside of the incorporated limits of municipalities, and it shall not interfere with the regulations prescribed by the ordinances of the various municipalities. It shall not apply to a railroad crossing regularly protected by gates or watchmen. Street railroads exempted except outside city limits. Sec. 8. Be it further enacted, that a failure to observe this Act shall not be considered as an Act of negligence per se in any action against the railroad company for injury to person or property; but the facts relating to any failure to observe the requirements hereof may be considered along with the other facts in the case in determining the questions of negligence, if any. Act of negligence. Provided, nevertheless, that the rule of law in reference to presumptions against railroads shall not be affected by this Act, and provided further that in the trial of any Civil Case involving damages to person or property at or near any such crossing, it shall be unlawful for this Act to be read to, or commented before any jury empannelled to try any such civil case, nor shall the judge upon the trial of such civil case, charge the provisions of this Act; the true intent of this Act being not to change the existing law in reference to civil cases for the recovery of damages on account of personal injuries or property damage at or near any railroad crossing. Not to apply to damage suits. Provided, further, that the charging, reading or discussing of this Act within the hearing of a jury in the trial of a case arising from injuries sustained or suffered at

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or near a railroad crossing shall be and constitute reversible error. Error. Sec. 9. Be it further enacted, that the phrase main line as used in the first section hereof shall mean any railroad track or set of tracks over which regularly scheduled trains are customarily operated. Main line defined. Sec. 10. Be it further enacted, that any railroad company, or any person violating any of the provisions of this Act, or failing to observe the requirements thereof, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than five nor more than fifty dollars, which fine may be enforced by the Court by an alternative sentence of imprisonment not exceeding fifteen days in the event the fine is not paid. Penalty. Sec. 11. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 20, 1925. REAL ESTATE LICENSES IN CERTAIN COUNTIES. No. 236. An Act to define, regulate and license real estate brokers and real estate salesmen in counties having a population 44,195 or more; according to the United States census of 1920 or any future census, to create a State Real Estate Commission; to define its duties and powers; to provide for the appointment of the same; to establish rules and regulations governing said commission; to establish a standard of efficiency and moral qualifications of applicants for licenses for real estate brokers and real estate salesmen; to provide for State license fees; to provide for the disposal of funds arising from said fees; to fix the compensation of commissioners and assistants, etc.; to prescribe grounds for

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issuing, revoking and renewing licenses and authorizing a hearing by the commissioner for such purpose; to authorize the commission to summons witnesses, to administer oaths and take testimony at such hearing; to provide a penalty for operating without a license; to provide for the invalidity of any section of this Act and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the first day of January, 1926, it shall be unlawful for any person, firm, partnership association, co-partnership or corporation, whether operating under an assumed name or otherwise, to engage in the business or capacity either directly or indirectly of a real estate broker, or real estate salesman within any county in this State having a population of 44,195 or more according to the United States census of 1920 or any future census without first obtaining a license under the provisions of this Act. Licenses shall be granted only to persons who are trustworthy and bear a good reputation for honesty and fair dealing, and are competent to transact the business of a real estate broker, or real estate salesman, in such a manner as to safeguard the interest of the public, and only after satisfactory proof thereof has been presented to the Georgia Real Estate Commission. Brokers and salesmen in counties over 44,195. Sec. 2. Be it further enacted by the authority aforesaid, that whenever used in this article, real estate broker means any person, firm or corporation, who, for another and for a fee, commission or other valuable consideration, sells, exchanges, buys, rents, or offers or attempts to negotiate a sale, exchange, purchase, or rental, of any estate or interest in real estate, or collects, or offers or attempts to collect rent for the use of real estate. Real estate broker defined. A real estate salesman means a person employed by a licensed real estate broker to sell or offer for sale, to buy or offer to buy, to negotiate the purchase, sale or exchange

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of real estate, or to lease, rent, or offer to lease, rent or place for rent any real estate for or on behalf of such real estate broker. Real estate salesman defined. The provisions of this Act shall not apply to any person, firm or corporation, who, as owner or lessor, shall perform any of the acts aforesaid with reference to property owned by them. Nor shall the provisions of this Act apply to persons firms, or corporations, not real estate brokers or real estate salesmen, holding a duly executed power of attorney from the owner for the sale, leasing or exchanging of real estate; nor shall said provisions be held to apply to a receiver or trustee in bankruptey, an administrator, or executor, or trustee, or any person selling real estate under order of court, or pursuant to the terms of a will, mortgage, or deed of trust, or deed to secure a debt. Provisions, where inapplicable. Sec. 3. Be it further enacted by the authority aforesaid, that the Georgia Real Estate Commission is hereby created. The Governor shall appoint three persons, two of whom shall constitute a quorum, who shall have been residents of the State of Georgia for a period of at least ten years and whose vocation for a period of at least five years prior to the date of their appointment shall have been that of a real estate broker. One member shall be appointed for the term of one year, one member shall be appointed for the term of two years, and one member shall be appointed for the term of three years, the terms to begin January 1, 1926. And thereafter the term of the members of said commission shall be for three years and until their successors are appointed and qualified. Members filling vacancies shall be appointed by the Governor for the unexpired term. The first meeting of the members of said commission shall be held on the first Tuesday in January, 1926, and the said commission shall organize by selecting from its members a president and said commission may do all things necessary and convenient to carry into effect the provisions of this Act and may from time to time promulgate necessary rules and regulations.

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The commission shall thereafter meet at least once a month, and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business before the commission. Real Estate Commission created. Sec. 4. Be it further enacted by the authority aforesaid, that the commission shall at its pleasure employ a secretary and treasurer, and such clerks and assistants and attorneys as shall be deemed necessary to discharge the duties imposed by the provisions of this act, and shall outline their duties and fix their compensation, subject to the general laws of this State. Any of said officers, assistants or attorneys may be discharged by said commission at any time. The commission shall obtain such office space, furniture, stationery, fuel, lights and other conveniences as shall be reasonably necessary to carry out the provisions of the same. Secretary, counsel, etc. Sec. 5. Be it further enacted by the authority aforesaid, that the commission shall adopt a seal, with such design as the commission may prescribe engraved thereon, by which it shall authenticate its proceedings. Copies of all records and papers in the office of the commission duly certified and authenticated by the seal of the commission shall be received in evidence in all courts equally and with like effect as the orginal. All records kept in the office of the commission under authority of this act shall be open to public inspection under such rules and regulations as shall be prescribed by the commission. Seal; records. Sec. 6. Be it further enacted by the authority aforesaid, that all funds provided for by this act shall be paid to and receipted for by the Treasurer of the Commission, and shall not be used for any purposes other than contemplated by this Act. All expenses incurred by the Commission under the provisions of this act, including compensation to members of the Commission, Secretary and Treasurer, assistants and attorneys, shall be paid out of the funds held by the Commission upon checks signed by the Treasurer of the Commission and countersigned by its

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Chairman. Provided, that the total expenses for every purpose contemplated by this act shall not exceed the total funds and charges collected and paid to said Commission. Any funds raised under the provisions of this Act which remain in the hands of the treasurer of the Commission at the end of the calendar year, after the payment of expenses accrued, shall be paid into the treasury of the State. Funds. Expenses. Sec. 7. Be it further enacted by the authority aforesaid, that any person, co-partnership or corporation desiring to act as real estate broker, or any person desiring to act as real estate salesman shall file with the Georgia Real Estate Commission an application for license in such form and detail as the Commission shall prescribe, setting forth the following: Licenses. Application. (a) The name and residence address of the applicant. It the applicant be a co-partnership, the name and residence address of each member thereof; or, if the applicant be a corporation, the name and residence address of each of its officers. Name and address (b) The place, or places, including the city, town or village, where the business is to be conducted, with the street number and the manner in which said place of business is designated. Place of business. (c) The business or occupation theretofore engaged in by the applicant, or, if a co-partnership, by each member thereof, or if a corporation, by each officer thereof, for a period of two years immediately preceding the date of such application, setting forth the place or places where such business or occupation was engaged in. Previous occupation. (d) Such further information as the commission may reasonably require to enable it to determine the trust-worthiness of the applicant, including each member of the co-partnership, or each officer of the corporation, as to their competency to transact the business of a real estate broker, or salesman in such manner as to safeguard the interest of the public. Further information.

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(e) Every application for a real estate salesman's license shall also set forth the period of time in which he has been engaged in the real estate business, stating the name and address of the real estate broker then employing him, or in whose employ he is to enter. Each application for license under this article shall be verified by the applicant; if made by a co-partnership, it shall be verified by a member thereof, or if made by a corporation, by an officer thereof. An application for license shall be accompanied by the appropriate license fee as herein after prescribed in this article. Period of time in real estate business. Any license granted under the provisions hereof may be renewed by the Commission upon application therefor by the holder thereof in such form as the commission may prescribe upon the payment of the annual fee for such license. In case of the application for renewal of license, the commission may dispense with the requirements of such statements as it deems unnecessary in view of those contained in the original application for license. Renewals. Sec. 8. Be it further enacted by the authority aforesaid, that the Commission shall issue to each licensee a license in such form and size as shall be prescribed by the Commission. This license shall show the name and address of the licensee and in case of a real estate salesman, the license shall show the name of the real estate broker by whom he is employed. Each license shall have imprinted thereon the seal of the Commission, and in addition to the foregoing, shall contain such matter as shall be prescribed by the commission. The license of each real estate salesman shall be delivered or mailed to the real estate broker by whom such real estate salesman is employed and shall be kept in the custody and control of such broker. It shall be the duty of such real estate broker to conspicuously display his license in his place of business. Notice in writing shall be given to the Commission by each licensee of any change of principal business location, whereupon the Commission shall issue a new license for the unexpired period without

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charge. A change of business location without notification to the Commission and without the issuance by it of a new license shall automatically cancel the license theretofore issued. The Commission shall prepare and deliver each licensee a pocket card not larger than two and one-fourth inches in width and three and one-fourth inches in length, which card among other things shall contain the name and address of the employer and shall contain an imprint of the seal of the Commission, and shall certify the name of the person whose name appears thereon, as a real estate salesman or broker as the case may be. The matter to be printed on such card, except as above set forth shall be prescribed by the Commission. Licenses. Change of location. Pocket card Sec. 9. Be it further enacted by the authority aforesaid, that when any real estate salesman shall be discharged or shall terminate his employment with the real estate broker with whom he is employed, it shall be the duty of such real estate broker to deliver by mail or registered mail to the Commission such real estate salesman's license. The real estate broker shall at the time of mailing such real estate license to the Commission address a communication to the last known residence address of such real estate salesman which communication shall advise such real estate salesman that his license has been delivered or mailed to the Commission. A copy of such communication to the real estate salesman shall accompany the license when mailed or delivered to the Commission. It shall be unlawful for any real estate salesman to perform any of the acts contemplated by this act either directly or indirectly under the authority of said license from and after the receipt of said license from said broker by the commission; provided that another license shall not be issued to such real estate salesman until he shall return his pocket card to the Commission, or shall satisfactorily account to it for same, provided further that not more than one license shall be issued to any real estate salesman for the same period of time. Termination of employment.

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Sec. 10. Be it further enacted by the authority aforesaid, that the fees for licenses shall be as follows: For a broker's license, the annual fee shall be $25.00. If the licensee be a corporation, the license issued to it shall entitle one official or representative thereof to engage in the business of a real estate broker within the meaning of this act. For all other officers or representatives of a licensed corporation who shall engage in the business of a real estate broker within the meaning of this, the annual fee shall be $10.00. If the licensee be a co-partnership, the license issued to it shall entitle one member of said co-partnership to engage in the business of a real estate broker within the meaning of this Act. For every other member of such co-partnership, the annual fee shall be Ten Dollars. Fees. (2) For a salesman's license, the annual fee shall be Ten Dollars. All applications for license shall be accompanied by the license fee as herein provided, and all licenses shall expire upon the 31st day of December of each year. All applications made during the year to expire December 31st of said year. The fee charged shall be prorated on monthly basis. Salesman's fee. Sec. 11. Be it further enacted by the authority aforesaid, that the commission may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any real estate broker or real estate salesman, who shall assume to act in either such capacity within this state, and shall have power to suspend, for a period less than the unexpired portion of the license, or to revoke any license issued under the provisions of this Act at any time, where the licensee in performing or attempting to perform any of the acts mentioned herein be deemed to be guilty of: Investigations. Revocations. (a) Making any substantial misrepresentations. Dishonest dealing (b) Making any false promises of a character likely to influence, persuade, or induce, or

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(c) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents or salesmen or advertising or otherwise, or (d) Acting for more than one party in a transaction without the knowledge of all parties thereto, or (e) Representing, or attempting to represent, a real estate broker other than the employer, without the express knowledge and consent of the employer, or (f) Failure to account for or to remit for any moneys coming into his possession which belongs to others. (g) Paying a commission for valuable consideration to any person not licensed under the provisions of this act. (h) Has demonstrated unworthiness or incompetency to act as real estate broker or salesman in such manner as to safeguard the interest of the public. (i) Any other conduct whether of the same or a different character than heretofore specified, which constitutes dishonest dealing. This act shall not be construed to relieve any person from civil liability or criminal prosecution under the general laws of this state. Sec. 12. Be it further enacted by the authority aforesaid, that the Georgia Real Estate Commission may revoke the license of a real estate broker, salesman, or suspend same for such period as the Commission may deem proper, upon the conviction of a licensee of a violation of any of the provisions of this article, for material misstatements in the application for such license, or if such licensee has been guilty of fraud or violent practice, or has demonstrated untrustworthiness or incompetency to act as a real estate broker or salesman as the case may be. Revocation and suspensions. In the event that the Commission shall revoke or suspend any license, its determination shall be in writing and officially signed. The original of such determination

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when so signed shall be filed in the office of the Commission and copies thereof shall be mailed to the broker or salesman addressed to the place of business of such broker or salesman and to the complainant within ten days after the filing thereof as hereinafter described. Sec. 13. Be it further enacted by the authority aforesaid, that the Georgia Real Estate Commission shall before denying an application for license or before suspending or revoking any license, and at least ten days prior to the date set for hearing, notify in writing the applicant or the holder of such license of any charges made, and shall afford said applicant or licensee an opportunity to be heard, in person or by counsel, in reference thereto. Such written notice shall be served or delivered personally to the applicant or licensee. If said applicant or licensee be a salesman, the Commission shall also notify the broker employing him by mailing a copy of the notice by registered mail to the broker's last known address. The hearing of said charges shall be at such time and place as the commission shall prescribe. Notice. Hearing. The Commission shall have power to subpoena and bring before it any person in this State, or take testimony of any such person by depositions, with the same fees and mileage in the same manner as prescribed by law in judicial procedure in the courts of this State in civil cases. Subpoenas. Sec. 14. Be it further enacted by the authority aforesaid, that the action of the Georgia Real Estate Commission in granting, refusing to grant, or to renew a license under this article, or in revoking or suspending, or refusing to revoke or suspend such a license shall be subject to appeal to the Superior Court and when the Real Estate Commission shall have made and filed its decision, any person, firm or corporation desiring to appeal from the decision against them, may enter an appeal to the Superior Court of the county of the residence of the person, firm or corporation entering an appeal. The appeal shall be made within thirty days from the date of the

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decision of the Real Estate Commission. The appeal shall be tried by a Jury in the Supreme Court under the same rules and laws as appeals from Inferior Courts to Superior Courts are now tried and in every respect shall be de novo. The decision of the Real Estate Commission shall not be effective until the appeal is determined. Appeals. Sec. 15. Be it further enacted by the authority aforesaid, that a non-resident of this State may become a real estate broker or real estate salesman in any place in which the provisions of this article are applicable by conforming to all of the provisions of this article, except that such non-resident broker or salesman regularly engaged in the real estate business as a vocation, and who maintains a definite place of business in some other state, shall not be required to maintain a place of business within this State. The Georgia Real Estate Commission shall recognize in lieu of a recommendation and statements required to accompany an application for license the license issued to a non-resident broker or salesman by any other state and shall issue a license to such non-resident broker or salesman upon the payment of the license fee, and upon the filing by the applicant with the commission of a certified copy of the applicant's license issued by such other state. Every non-resident applicant shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court in the county of the state in which a cause of action may arise in which the plaintiff may reside by service of any process or pleadings authorized by laws of this State of the Georgia Real Estate Commission, or a deputy to be designated by it, said consent stipulating and agreeing that said service of such process or pleading shall be begun and held in all courts to be as valid and binding as if due service had been made upon said applicant in the State of Georgia. Said consent shall be duly acknowledged and if made by a corporation shall be authenticated by the seal of such corporation. In case any process or pleadings mentioned in this act are served upon the commission or

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upon a deputy to be designated by it, duplicate copies shall be made, one of which shall be filed in the office of the Commission and the other immediately forwarded by registered mail to the main office of the applicant against which said process or pleadings are directed, and no default in said proceedings of action shall be taken except it shall be made to appear by affidavit of a member of the commisison, or a deputy designated by it, that a copy of the process or pleadings was mailed to defendant as herein required; and no judgment by default shall be taken in any such action or proceedings within twenty days after the date of the mailing of such process or pleadings to the non-resident defendant. Non-residents' Applications. Irrevocable consent. Sec. 16. Be it further enacted by the authority aforesaid, that the commission shall, at least semi-annually, publish a list of the names and addresses of all licensees licensed by it under the provisions of this act and of all persons whose licenses have been suspended or revoked or refused within one year, together with such other information relative to the enforcement of the provisions of this act as it may deem of interest to the public. Such list shall be mailed by the commission to any person in this state upon request. List of licenses. Sec. 17. Be it further enacted by the authority aforesaid, that each member of the commission shall receive as full compensation for each day actually spent on the work of said commission the sum of twenty-five dollars, and his actual necessary expenses incurred in the performance of the duties pertaining to his office. Compensation of commissioners. Sec. 18. Be it further enacted by the authority aforesaid, that any person or corporation acting as a real estate broker or real estate salesman within the meaning of this act without a license shall be guilty of a misdemeanor and upon conviction thereof, if a person, shall be punished as prescribed in Section 1065 of the Penal Code of Georgia of 1910, and if a corporation, by a fine not to exceed $1,000.00. Acting without license. Penalty.

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Sec. 19. Be it further enacted by the authority aforesaid, that should the courts declare any provision of this act unconstitutional, such decision shall affect only the section declared to be unconstitutional and shall not affect any other section or part of this act. Unconstitutional provisions not to nullify other sections. Sec. 20. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this act are hereby repealed. Approved August 14, 1925. RESTRICTED RESIDENCE DISTRICTS IN CERTAIN COUNTIES. No. 280. An Act to provide that in counties of not less than two hundred thousand inhabitants the Commissioners of Roads and Revenues, or if there be no such, the Ordinary, or other governing authority, of such counties shall have the right upon petition of sixty per cent of the owners of real estate in a given district in such counties, to establish restricted residence districts and to prohibit, except upon the granting of permit by the said governing authority of such counties, the construction of buildings other than residences, school houses, apartment houses, churches and other similar structures; to provide for the enforcement of said act and the penalty for the violation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Commissioners of Roads and Revenues, or if there be no such, the Ordinary or other governing authority in all counties of the State of Georgia of not less than two hundred thousand inhabitants, according to the Federal census of 1920, or any future census, shall have the right, upon petition

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of sixty per cent of the owners of real estate in a given district in such counties, to establish restricted residence districts outside the limits of incorporated towns and municipalities within which district it shall be unlawful to erect, reconstruct, alter, repair, use or occupy, without a permit from the Commissioners of Roads and Revenues, or if there be no such, the Ordinary or other governing authority, of such counties, any buildings for business or commercial purposes or buildings for any purpose other than as residences, school houses, apartment houses, churches, and other similar uses and purposes. Counties of 200,000; districts outside city limits. Sec. 2. Any building or structure erected, occupied or used in violation of any of the provisions of this bill is hereby declared to be a nuisance and it is hereby made the duty of the solicitor general of the circuit in which such counties are located, to prosecute all persons violating the provisions of this bill with respect to the erection and use and occupancy of any buildings or other structures in such districts without first obtaining a permit from the Commissioners of Roads and Revenues of such counties, or other governing authority, as provided herein and in all cases where the punishment provided herein fails to abate such nuisance, he shall cause to be brought in the Superior Court in and for such county an action for the abatement thereof. Buildings built in violation declared nuisances Sec. 3. Any person, firm, or corporation violating any of the provisions of this bill shall be guilty of a misdemeanor and upon conviction shall be subject to a fine or imprisonment, or both, as provided by law. Penalty. Sec. 4. This Act shall not repeal any law now of force restricting the construction, and defining the conditions under which cemeteries, hospitals, and other similar institutions may be constructed and maintained within the counties of this State. Approved August 18, 1925.

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SUNDAY DANCING PROHIBITED. No. 183. An Act to prohibit dancing at any public place in Georgia on the Lord's Day, commonly known as Sunday. Section 1. Be it enacted by the General Assembly of the State of Georgia, that dancing at any public place in the State of Georgia on the Lord's Day, commonly known as Sunday, be and the same is hereby prohibited. Dancing in public places. Sec. 2. Be it further enacted, that the owner, proprietor, manager, agent, lessee, or tenant, of any public place in Georgia who shall permit dancing at said public place on the Lord's Day, commonly known as Sunday, shall be guilty of a misdemeanor, and, upon conviction, shall be punishable under the terms and provisions of Section 1065 of the Penal Code of Georgia. Penalty. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1925. TIDEWATER COMMERCIAL FISHING TAGS. No. 428. An Act requiring that all boats engaged in commercial fishing in Tidewater Georgia shall have fixed thereon a metal license tag; providing that all such boats shall carry a record thereon to be prescribed by the Board of Game and Fish; amending Section 28 of an Act approved by the General Assembly, August 8, 1924, being An Act to revise the game and fish laws of the State of Georgia; prescribing the duties of the game and fish commissioner; to provide penalties for violators of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of

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the same, that every boat required by law to obtain a license, engaged in commercial fishing in Tidewater Georgia shall have securely fixed on each side of the bow thereof, and conspicuously displayed in order that it may be read from a reasonable distance, a metal license tag of such style and size as may be prescribed by the State Board of Game and Fish. The licensee of said boat shall be required to pay in addition to the boat license such fee to cover the cost of said tags as may be fixed by said Board. If any person shall operate a boat, or if the owner thereof shall permit same to be operated, contrary to the provisions of this section either or both of said persons shall be guilty of a misdemeanor. License tags on boats. Provided the price charged for said tags shall not exceed one dollar per boat. Fee. Sec. 2. Be it further enacted, that every boat engaged in commercial fishing in Tidewater Georgia shall be required to maintain and carry thereon at all times a record book to be prescribed by the Board of Game and Fish, showing the amount of fish, oysters, prawn and other sea food caught daily, to whom sold, the date of sale and delivery, and such other information as may be required by said Board. Such record shall be open at any and all times to the duly authorized officers and deputies of the Game and Fish Department. The owner or licensee of, or any person operating said boat shall be required to make such reports, monthly or otherwise, as may be required by the Board of Game and Fish. Any person failing to keep the record herein required, or failing to produce same upon the demand of a duly authorized officer or deputy, or who shall in any manner fail to comply with the requirements of this section shall be guilty of misdemeanor. Record Book. Penalty. Sec. 3. Be it enacted that it shall be the duty of the Game and Fish Commissioner, as the executive officer of the Board of Game and Fish, to enforce all of the game and fish laws of this state, as well as all rules and regulations

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of the Board of Game and Fish. He shall faithfully account to the Board of Game and Fish for the operation of the affairs of the Game and Fish Department and shall be required to make written reports to said Board, monthly or oftener upon demand. He shall be responsible for the conduct of all other officers and employees of the Game and Fish Department and such officers and employees shall at all times be subject to his direction. Game and Fish Commissioner. 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 26, 1925.

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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. Albany City Court; Judge and Solicitor; Terms. Alma City Court Established. Ashburn City Court Abolished. Atlanta Criminal Court; Qualification of Judges. Atlanta Municipal Court; Acts Amended. Bacon County Court Abolished; Transfer of Cases To Alma City Court. Bainbridge City Court; Calendar; Salaries; Court Expenses. Bainbridge City Court; Salaries, Court Expenses. Blackshear City Court Judge's Salary. Columbus Municipal Court; Act Amended. Conyers City Court Established. Danielsville City Court Established. Dawson City Court, Election to Abolish. Decatur City Court Salaries. Dublin City Court; Sheriff's Office Abolished. Floyd City Court Judge's Salary. Greenville City Court; Salaries and Funds. Jefferson City Court Terms. LaGrange City Court; Criminal Cases. La Grange City Court; Procedure; Solicitor's Practice. Lakeland City Court Established. Lanier County Court Abolished; Transfer of Cases. Macon City Court Deputy Clerk's Salary. Macon Municipal Court; Appeals; Property. Macon Municipal Court; Salaries and Procedure. Madison City Court Abolished. Miller City Court Abolished. Newnan City Court Judge's Salary. Peach County; City Court Established. Reidsville City Court; Fees of Clerk and Sheriff. Savannah City Court; Costs of Clerk and Sheriff. Savannah City Court Reporter's Salary. Savannah City Court; Sheriff's Salary; Distribution of Costs. Springfield City Court Jurors' Salaries. Swainsboro City Court Salaries. Tifton City Court; Acts Amended.

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ALBANY CITY COURT; JUDGE AND SOLICITOR; TERMS. No. 18. An Act to amend an Act entitled An Act to establish the City Court of Albany, in and for the County of Dougherty; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, (approved December 16, 1897), and Acts amendatory thereof, (approved December 20, 1898, August 5, 1904, August 20, 1906, August 22, 1907, and August 14, 1914), so as to fix the terms of the judge and Solicitor thereof, and to name the Judge and Solicitor thereof to take office on the first day of January, 1926. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, that an Act approved December 16, 1897, establishing the City Court of Albany, and the Acts amendatory thereof, be amended as follows: That the Judge and Solicitor of the City Court of Albany shall be elected as now provided by law and as set forth in an Act approved August 20, 1906, but that the term of all Judges and Solicitors so elected, from and after the date of the approval of this Act, shall commence on the first day of the second January following their election and extend for four years thereafter, or until their successors are elected and qualified. Act of 1897 amended. Four year terms, commencing when. Sec. 2. Be it further enacted that the Honorable Clayton Jones and R. E. L. Spence, Jr., elected as Judge and Solicitor of the City Court of Albany, respectively, in the general election held on November 4, 1924, shall take office on the first day of January, 1926, and hold for four years thereafter, or until their successors are elected and qualified, and that all Judges, Solicitors hereafter elected, shall take and hold office as provided in Section one, of this Act. Hon. Clayton Jones and R. E. L. Spence, Jr., to take office Jan. 1, 1926.

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Sec. 3. Be it further enacted, that all laws and parts of laws in conflict be, and the same are hereby repealed. Approved July 18, 1925. ALMA CITY COURT ESTABLISHED. No. 123. An Act to establish the City Court of Alma, in Bacon County, in and for the County of Bacon; to define its jurisdiction, to provide for a judge, solicitor and other officers thereof and their manner of election and selection, and to fix their compensation; to provide for rules of practice and procedure in said court; to provide for jury trials in said court; and for new trials and writs of errors therefrom; to provide for the transfer of certain cases to said city court from the county court and superior courts of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act, the City Court of Alma is hereby established, located and to be held in the City of Alma, Bacon County, Georgia, and with jurisdiction both civil and criminal over the entire County of Bacon. Court established and located. 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 offences committed in the County of Bacon when the offender is not subject to a 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 of Alma, who shall be A. J.

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Tuten, Attorney-at-Law, of Alma, Georgia, who shall hold his office until the next general election, who shall have the authority as such Judge to discharge all of the duties thereof, and as provided in this Act, and until his successor shall have been duly elected and qualified in the manner hereinafter provided. A. J. Tuten to be Judge. That beginning with the next general election, the Judge of said City Court of Alma, shall be elected in the same manner and at the same time that other County officers are elected in and for the County of Bacon, and his term of office shall begin immediately upon the passage of this Act, and the term of the office of said Judge shall be four years, and all vacancies occurring in said office shall be filled by appointment by the Governor of said State for the residue of the unexpired term, and such appointment shall be subject to approval of the Georgia State Senate then in Session, or thereafter in session. The Judge herein appointed under this Act shall be commissioned by the Governor of said State, and shall hold his office as Judge of the City Court of Alma from the approval of this Act, until January 1st, 1929, and until his successor is duly elected and qualified, in the manner herein provided. Elections. Term and vacancies Sec. 4. Be it further enacted, That the Judge of said City Court of Alma, receive a salary of twelve hundred dollars 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 by the officer or officers in charge of disbursing County funds of Bacon County, and out of the funds of the City Court of Alma. Salary. Sec. 5. Be it further enacted, That the judge of said City Court of Alma must be a resident of Bacon County, Georgia, for a period of three years immediately preceding his election or appointment, and that he must also have been a practicing attorney for at least three years before his election, and he must be of good moral character,

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and at least twenty-five years of age and before entering upon the discharge of 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 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 courts of state, except the City Court of Alma. Eligibility. Oath. Judge may practice law. Sec. 6. Be if further enacted, That there shall be a Solicitor of said City Court of Alma, who shall be C. A. Williams, until January 1st, 1929, who shall be commissioned by the Governor, and whose term of office shall be for four years, and he shall be elected in the same manner and at the same time as other County officers are, and must be a resident of Bacon County, Georgia, three years immediately preceding his election or appointment. The Solicitor herein named shall hold the office of Solicitor of said Court until January 1st, 1929, from the approval and adoption of this Act, and until his successor is elected and qualified, and at the next general election, a Solicitor of the City Court of Alma, shall be elected in the same manner as other County Officers, who shall hold his office for a term of four years beginning January 1st, 1929. The fees of said Solicitor of said City Court of Alma, shall be seventeen dollars in each and every case disposed of in said City Court of Alma, whether it be an accusation drawn by said Solicitor, or indictment or presentment transferred from the Superior Court of said County of Bacon to said City Court of Alma, except where a nolle prosequi is entered or plea of abatement is allowed, and in those cases the

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fees shall be ten dollars, and for such other services as forfeiting recognizances, and confiscations, rules against defaulting witnesses, and contempt proceedings, and for each and all services of said Solicitor not herein provided for, he shall receive the same fees as are now and hereinafter be allowed Solicitors-General of this State for similar purposes. That said Solicitor before entering upon the duties of his office, shall take and prescribe in addition to the oath required of all civil offices, the following oath: I do solemnly swear that I will faithfully and impartially and without 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 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 said case, the presiding Judge of said Court shall have the power to appoint a Solicitor pro tem. C. A. Williams to be 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 as Clerk of the Superior Court of said County and shall be known as the Clerk of the City Court of Alma. He shall take a similar oath as that required by the Solicitor of said Court, and shall also give bond in the sum of three thousand ($3,000.00) dollars, payable to the officer or officers in charge of County affairs, and condition for the faithful performance of his duties as Clerk of said Court, and which said bond, together with the oath of the office of said Clerk be entered upon the minutes of said Court, and said bond shall be filed with the Ordinary of said County 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 service, and shall receive the same fees for attendance

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upon said court as that allowed to him as that of the Clerk of the Superior Court of said County, and shall receive his fees in the same manner as herein provided. Clerk. Bond. Fees. Sec. 8. Be it further enacted, That the Sheriff of Bacon County, Georgia, shall be Sheriff of the City Court of Alma, by virtue of his election as Sheriff, and shall be known as the Sheriff of the City Court of Alma, 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 his office as Sheriff of the City Court of Alma, and with like condition as to that imposed upon him as that of Sheriff of Bacon County. That the Sheriff of said Court shall have the right and power to appoint one or more deputies of his office, and when a deputy or deputies are appointed, he or they, shall before entering upon the duties of his office, give bond in the sum of two thousand dollars, conditioned as bonds as other deputy Sheriffs, and said Sheriff and deputies shall receive the same fees as are now or hereinafter be allowed by law to the Sheriff of Bacon County for like services, and in the manner hereinafter provided, and for his attendance upon the term of said Court he shall receive the same fees to be paid in the same manner as may hereinafter 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 the Superior Court of Bacon County, Georgia, and the Sheriff of Bacon County, Georgia, or either of them shall refuse to perform the duties respectively of Clerk and Sheriff of said Court, or for any reason there should occur a vacancy in the office of Clerk and Sheriff of said City Court of Alma, that then, and in that event, the Judge of said City Court shall have the right and power to appoint and name a Clerk, Sheriff, or either of said Court who shall hold their office during the pleasure of the Judge of said Court, or until their successor is duly

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elected and qualified. That the Judge of the City Court of Alma is empowered to exercise the same authority over the Clerk, Sheriff and deputy Sheriffs, bailiffs, or special bailiffs, of said Court as may be exercised by the Judge of the Superior Courts over the Clerks, Sheriffs, deputy sheriffs, bailiffs and special bailiffs, in the Counties of Georgia. Vacancy in office of clerk or 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 the 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 to take affidavits anywhere in the State, and said Judge, Solicitor, Clerk and Sheriff, and his deputy shall have power to administer oaths and do all official acts pertaining to their offices respectively, as the Judge and other officers of the Superior Courts may in like cases do. The Judge of the City Court of Alma, in addition to a salary herein provided for, shall receive the same fees for issuing warrants of whatever kind and character, garnishments and attachments as are now allowed to Justices of the Peace, and shall receive the same fees as the Justices of the Peace, and shall receive the same fees for hearing and determining the same. The said Judge, Solicitor, Clerk and Sheriff and his deputy, and special bailiffs shall have power to administer all oaths and do all official acts pertaining to their offices respectively, as the Judge and other officers of the Superior Court may in like cases do. Said Judge shall 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 bene esse and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the Judges of the Superior Courts of this State are authorized to do, unless otherwise provided in this act, and said Judge of the City Court of Alma shall have all the powers and

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authority throughout his jurisdiction of Judges of the Superior Courts, except where by law exclusive power and authority is vested in 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 of Alma so far as the same may be applicable and except as herein provided. Powers of Judge. Sec. 11. Be it further enacted by the authority aforesaid, That there shall be held regular quarterly terms or sessions of said City Court of Alma and the same shall be held on the Second Mondays in August, November, February and May 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 business pending therein and said Court shall always be open for the disposition of criminal cases, but the Judge thereof shall within five days before the next succeeding term thereof pass an order adjourning said Court for the term and the same shall be entered upon the Minutes of the Court. Terms of Court. Sec. 12. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of pleading and practicing in the Superior Courts except as hereinafter provided, but the processes and writs shall be annexed by the Clerk of the said City Court and 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, his deputy or his special bailiff thereof, and all executions issuing from said City Court shall be attested by the name of the Judge and signed by the Clerk, and directed to the Sheriff or his deputy or special bailiff 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 practice, the laws governing the Superior Courts,

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were not inconsistent with this Act, shall be applicable to said City Court of Alma. Pleading, etc. Sec. 14. Be it further enacted by the authority aforesaid, That in all civil cases pending in said City Court of Alma, where an issuable defense is filed, the same shall be tried by a jury, but by agreement by both parties in either civil or criminal cases, the same may be heard and determined by the Judge of the City Court of Alma without a jury. Jury Trials. Hearing by Judge. Sec. 15. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachment and garnishments in the Superiort Courts of this State shall apply to said City Court so far as the nature of the 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 Courts under the same laws that govern the issuance of attachments in the Superior Courts, and all attachments returnable to the City Courts of Alma shall be directed to all and singular the Sheriff and Constables of this State, and may be levied by the Sheriff of the City Court of Alma, or his deputy, or by the special deputy or bailiff or any Sheriff or constable or other officers authorized by law to levy attachments returnable to the Courts. Attachment and garnishment. Sec. 16. Be it further enacted by the authority aforesaid that garnishment proceedings in said City Courts shall be conformable to the laws of the State on the subject in the Superior Courts, Garnishment. Sec. 17. Be it further enacted by the authority aforesaid, That all proceedings to make parties in any cause in the City Court of Alma shall conform to the law on that subject in the Superior Courts. Making parties. Sec. 18. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencements of suits in the Superior Court, defenses, set-offs, affidavits of illegality, arbitration, examination

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of witnesses by interrogatories or under subpoenas, witnesses and their attendances, continuances, and all matters pertaining to the pleading and practice, and all matters of a judical nature within the jurisdictional limits of said Court shall be applicable to said City Court where not inconsistent with this Act. General laws applicable. Sec. 19. Be it further enacted by the authority aforesaid, that the City Court of Alma shall be a court of record and have a seal, and the minutes, records, dockets, and other books, and files that are required by law to be kept by the Superior Court of Bacon County, 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 the Sheriff of the Superior Court, except where they conflict with the provision of this Act, shall apply to the City Court of Alma and of force therein. Records, Seal, etc Duties of Clerk and Sheriff. Sec. 20. Be it further enacted by the authority aforesaid that all laws regulating the enforcements of judgments of the Superior Court, whether civil or criminal, shall apply to said City Court, and execution shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same, in the Superior Courts of this State. Enforcement of judgements Sec. 21. 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 Judge of the Superior Courts of this State. Contempts. Sec. 22. 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, with the assistance of the Sheriff thereof under the supervision of the Judge of the City Court of Alma, shall make a list of names from the lists of Grand and Traverse jurors appearing upon the jury register of the Superior

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Court of said County, and shall write upon separate pieces of paper the names of each person appearing upon said list so made up, and place said pieces of paper with said names thereon in said jury box, and it shall be known as the jury box of the City Court of Alma, from which shall be drawn traverse jurors to serve in said City Court. All laws with reference to the drawing and summoning and empanelling traverse jurors in the Superior Court 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 Judge of 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, and that the said Jury box shall be made up as provided immediately after the passage of this Act, and a new list shall be made up in manner and form herein provided immediately after every revision of the Grand and Traverse jury lists of the Superior Courts of said County. uries. Sec. 23. Be it further enacted by the authority aforesaid, That all laws with reference to the qualifications, empanelling, challenging and finding of the 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 to a panel of twenty-four jurors from which to strike, in criminal cases the State shall be entitled to five strikes from said panel, and the defendant shall be entitled to seven strikes from said panel and the case tried by a jury composed of twelve jurors, provided in a civil case a written demand for a jury shall be filed by either side at the appearance term of said case, however, it shall never be necessary for either side to demand a jury in criminal cases. All laws and rules governing the selection of jurors and their qualifications

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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. 24. Be it further enacted by the authority aforesaid, that all civil cases where no jury is demanded by either side, the same shall be tried by the Judge of said court in term time, and all criminal cases whereby agreement of parties are to be tried by the Judge without a jury shall be tried by the Judge during the regular terms of said Court or at any time between the regular terms of said Court in the discretion of the Judge and said City Court of Alma shall be open for the Trial of such cases and for the purpose of receiving plea of guilty and fixing punishment for the offender at all time. Cases tried by Judge. Sec. 25. Be it further enacted, That all criminal cases tried in said City Court, whether at a regular or special session, shall be upon a written accusation, unless upon indictment or presentment; such accusation shall set forth plainly the offense charged, and shall conform as to matter and substance with the rules or criminal pleadings which prevail in the Superior Court provided, however, that said accusation shall be amendable at any stage of the trial, until said accusation shall be legally sufficient and same shall not be dismissed or quashed upon a mere technicality; said accusation shall be based upon an affidavit before the judge of said Court or before some other competent judicial officer of this State, and same shall be signed by the solicitor of said Court, or other attorney representing the State, and have endorsed thereon the name of the prosecutor, if any. Criminal cases. Sec. 26. Be it further enacted, That the Judge of the Superior Court of Bacon County shall by order transmit to the City Court of Alma for trial and final disposition all presentments and bills of indictment found by the Grand Jury of Bacon County for offenses within the jurisdiction of the said City Court which may remain undisposed of at the end of each term of the Superior Court,

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or in vacation, the order transmitting such cases to be entered on the minutes of both Courts. All bonds returnable to the Superior Court shall follow the cases to the City Court when so transferred, and in such cases the defendant shall be bound to appear in said City Court at its first session after such indictment or presentment shall have been transferred and after he shall have ten days notice of such transfer. Transfer of indictments. Sec. 27. Be it further enacted, That witnesses in civil and criminal cases shall receive the same pay from the same source and in the same manner as the witnesses in the Superior Court. Witnesses. Sec. 28. 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 the Judge of the Superior Court has and who shall receive the same pay and in the manner as bailiffs of the Superior Court, in the manner herein provided. The Judge of the City Court of Alma shall have the power and authority to appoint at his discretion a special bailiff of the City Court of Alma who shall serve all orders, writs, processes, subpoenas and warrants, and who shall be empowered to perform all and any acts that the Sheriff of the City Court of Alma may now perform, and for such services he shall receive the same fees that are now or may hereafter be allowed the Sheriff of the Superior Court of Bacon County, but before entering upon the discharge of his duties, shall give bond with good security payable to the Ordinary of said County in the sum of three thousand dollars, conditioned for the faithful performance of his duties as special bailiff of said City Court, said bond to be approved by the Judge of the City Court of Alma and entered on the minutes of said Court, and to hold office for and during the pleasure of the Court. Bailiffs. Sec. 29. Be it further enacted by the authority aforesaid, That a writ of error direct from said City Court of

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Alma to the Court of Appeals of the State of Georgia shall lie 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. 30. Be it further enacted by the authority aforesaid, That the Judge of the 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 Court. All rules pending, practice and procedure governing motions for new trials in the Superior Court shall apply to and govern the same in said City Court. New trials. Sec. 31. Be it further enacted by the authority aforesaid, That all money arising from fine, forfeitures and confiscations, or otherwise to be and are collected in the City Court of Alma on account of criminal cases of whatever kind or character or upon any judgment of said Court in any criminal case, shall be collected by the Sheriff or other arresting officer of said City Court, immediately, upon the imposing of the same by the Court or its authority and the full amount of all moneys so collected shall forwith be paid by said officer over to the County depository, County Treasurer or to such other person or persons, who are by law in charge of receiving and disbursing the County funds, and shall be kept by said County Depository, County Treasurer or person or persons in charge of receiving and disbursing County funds in a separate fund which shall be known as the City Court of Alma fund. The Judge of the City Court of Alma, the Solicitor, Clerk, Sheriff, Justice of the Peace, Bailiffs and Constables shall have a special lien on said fund for their services, and no part thereof shall be paid into general treasury of Bacon County, Georgia, until said officials shall have been fully paid their salaries and costs. The City Court of Alma fund shall be distributed

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among the officers of the Court immediately after each term of the City Court of Alma, or oftener in the discretion of the Judge thereof, in the following manner: Each officer thereof shall prepare a sworn itemized cost bill of all criminal cases disposed of in the City Court of Alma after each term thereof, and all cases disposed of during the preceding quarter between terms, stating how and in what manner the cases were disposed of, whether by jury trial or by the Judge without a jury by plea of guilty, noll prosequi, plea of abatement, plea to the jurisdiction, ect., and whether or not the offenders tried and convicted appealed their cases, and said bills shall specify what the different items of costs are due for and forthwith shall be submitted to the Judge of the City Court of Alma who shall certify whether or not said cases were disposed of in the manner and form as alleged in said bill; the costs bills of said officers having been thus made out, sworn to and certified, shall be presented to the person or persons who are authorized by law to receive and disburse County funds of Bacon County and said costs bills shall be his, or their authority for issuing his warrants according to said cost bills on the fund of the City of Alma, or at any time in case of a deficit in said fund, on the general treasury of the County of Bacon, and said officers shall be paid accordingly. Fines and forfeitures, dispositions of. Sec. 32. Be it enacted by the authority aforesaid, That said officers shall be entitled to receive their costs in each case disposed of in the City Court of Alma, whether or not the same should be taken by the convicted defendant to an apellate court, or be solvent or insolvent. Costs. Sec. 33. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Alma in term time or in his discretion in vacation in the presence of the Sheriff and the Solicitor and Clerk of the City Court of Alma, shall unlock the jury box of the City Court of Alma herein provided for and from division marked number one, of said box, shall proceed to draw the jury for

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the next succeeding term of the City Court of Alma, and shall draw at least thirty-six names, the Clerk shall cause to be made a list drawn which shall be recorded on the minutes of said Court, and then said names shall be deposited in division of said jury box marked number two. When division marked number one of said Jury box shall have been exhausted as herein provided, the judge shall draw jurors from division of said jury box marked number two, placing them again in division of said jury box marked number one, and vice versa. The jury so drawn shall serve at the next term of said City Court, unless they are excused in the manner provided by law. It shall be the duty of the Clerk of said Court to issue and deliver to the Sheriff or his deputy or special bailiff of said Court, a precept containing the names of the persons drawn as jurors of said Court, and upon receipt of said precept said Sheriff, his deputy or special bailiff, shall cause the persons whose names are therein written to be served personally or by leaving a summons at their most notorious place of abode, at least five days prior to the term of the court the jurors were drawn to attend. The Judge of said Court, after said jury has been drawn from said jury box, shall cause the same to be locked and sealed, and he shall keep the key and it shall not be opened by any other than the Judge of the City Court of Alma, or the Judge presiding in his stead in the manner herein provided. Panels of juries. Jury box. Sec. 34. Be it further enacted by the authority aforesaid, That the City Court of Alma shall have the same rules of procedure, service, pleading and practice shall govern civil and criminal cases in the Superior Court of Bacon County, Georgia, except when inconsistent with the provisions of this Act, and except, that each term of said City Court actually held, it shall be the duty of the presiding Judge during the term to call the appearance docket, at which time, in all cases founded upon unconditional contracts in writing, where there has been legal service on the defendant and no issuable defense filed

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hereto in writing, or if filed is judged to be insufficient in law, either in form or substance, and is stricken, then judgement shall be entered by the Court at such appearance term without the intervention of a jury. In all cases where suit is brought for a liquidated amount on an account, and there has been legal service on the defendant, and no defense is filed thereto, or if such defense as is filed is stricken or adjudged to be insufficient in law, either in form or in substance, it shall be the duty of the Court at such term to give judgment without the intervention of a jury. All exceptions to declarations and pleas, motions to dismiss and dilatory pleas and demurrers shall be passed upon at such term unless same shall by the Court be continued, and when all such preliminary questions and dilatory pleas and motions are disposed of if the case is otherwise ripe for trial and there is no issue offered or left among the pleadings, then in like manner the Court shall give judgement at such appearance term without th eintervention of jury. All other cases shall be governed as to the trial term thereof by the rules of procedure and practice prevailing in the Superior Courts of this State at the time or trial, and whenever and in all cases where the rules of the superior Court can not be made applicable on account of the difference of the constitutionality of said Courts, then the Judge of the City Court of Alma may make and promulgate rules to govern said cases. Procedure, etc. Rules of Bacon Superior Court applied. Sec. 35. Be it further enacted by the authority aforesaid, That it shall be the duty of all Justices of the Peace, Mayors, Notaries Public, and all other officers having like authority to commit or bind over to said City Court of Alma all persons charged with offenses for which they may be bound over or committed, within the limits of Bacon County, Georgia, over which said Court has jurisdiction, to answer for said offense in said City Court of Alma. Commitments. Sec. 36. Be it further enacted by the authority aforesaid that whenever the judge of the City Court of Alma

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is from any cause disqualified in any case pending therein any Judge of the Superior Court or any Judge of any City Court in this State may preside therein; and in case no qualified Judge is present to preside in such case then upon consent of parties or upon their failure or refusal to agree, said case shall be tried by a pro hac vice in the same manner as provided for in the Superior Courts. Pro hac vice when Judge difqualified. Sec. 37. Be it further enacted by the authority aforesaid, That when this Act takes effect, all cases, criminal and civil, pending and undisposed of the County Court of Bacon County, Georgia, shall be, and are hereby transferred to the City Court of Alma, and the same shall be placed upon the proper dockets of said City Court of Alma. All final and other processes now in the hands of the Sheriff, Baliffs, or other officers which are made returnable to the County Court of Bacon County, Georgia, shall be by them returned to the City Court, instead of the County Court. The Judge and other officers of said City Court shall have authority and power to enforce in the name of said Court, and all processes in any case from the County Court of Bacon County, Georgia, shall be by them returned to the City Court instead of said County Court. The Judge and other officers of said City Court shall have power and authority to enforce in the name of said Court, any and all processes in any case from the County Court of Bacon County necessary to the final disposition of same, which from any cause, have not been issued and enforced by the officers of the County Court; all records, books and papers disposed of and of file in said Court shall be filed and deposited with the Clerk of the City Court; and all final and other processes not satisfied in the hands of the Sheriff or Bailiff of said County Court shall be levied and enforced by the Sheriff of said City Court, his deputy or the special bailiff and returns therefor made in said City Court; and said Clerk of said City Court as costodian and keeper of such books and records, shall whenever he may be required so to do, and upon payment to him of the fee

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prescribed by law, make and certify copy of anything appearing on such County books or records and such certified copy shall stand upon the same basis as evidence, and shall be given the same faith and credit now given similar acts of the Clerk of the said County Court. Bacon County Court cases transferred. Books and records. Sec. 38. Be it further enacted by the authority aforesaid, That all fines and forfeitures that may be in the hands of any officer of the County Court of Bacon County, Georgia, or any fines that are likely to be collected in the future and are collected, shall be immediately paid over upon their collection to the County Treasurer or County Depository or person or persons charged with receiving and disbursing County funds to become a part of the City Court funds as herein provided: Bacon County Court fines and forfeitures. Sec. 39. Be it further enacted that the Judge of the City Court of Alma shall have power and authority to appoint an official reporter or stenographer for said City Court of Alma, who for services rendered for reporting civil cases and furnishing briefs of evidence therein, shall be allowed the same fees as is allowed for similar services in the Superior Courts, the same to be paid by the parties under rules governing such matters in the Superior Courts. Criminal cases may likewise be reported when defendants desire this done, and will pay for the services of said reporter. Reporter or Stenographer. Sec. 40. Be it further enacted that in the absence of the Judge of said City Court from indisposition or otherwise from any term of said Court, it shall be the duty of the Clerk or Sheriff of said Court to open and adjourn said Court to such date as the Judge in writing directs. Judge may in his discretion adjourn any term of Court. The Judge may in his discretion adjourn any term of Court. Adjournments. Sec. 41. Be it further enacted that the session of said Court shall be held in the Court House of Bacon County, Georgia, in the said City of Alma. Sessions in Bacon County Court House.

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Sec. 42. Be it further enacted, that the incidental expenses of said City Court shall be paid in the same manner as such expenses are paid in the Superior Court. Incidental expenses. Sec. 43. Be it further enacted, That the Clerk of the City Court of Alma shall provide all necessary dockets, minute book, blank accusations, stationery and such printed forms and the like as may be necessary for said Court, which shall be paid for by the County of Bacon in like manner as such items are paid for in the Superior Court. Record books and Stationery. Sec. 44. Be it further enacted by the authority aforesaid, That the Solicitor of the City Court of Alma shall have an office in the Court House at the County seat in Bacon County, the same shall be designated by the Ordinary of said County, or the person or persons charged by law with control of the same. Solicitor's office. Sec. 45. Be it further enacted, That the Solicitor of the City Court of Alma shall receive for his services in the Court of Appeals of the State of Georgia or the Supreme Court of the State of Georgia, in cases appealed to said appellate Courts from the City Court of Alma the same fees as are now or may hereafter be allowed Solicitors-General of this State for similar services upon the presentation of a certificate from said Solicitor as to such services rendered in said appellate courts to the Governor of Said State, who shall thereupon draw his warrant upon the State Treasury in payment of the same. Compensation. Sec. 46. Be it further enacted by the authority aforesaid, That should any clause, provision, section or any portion of this Act be held illegal or unconstitutional the illegality or unconstitutionality of same shall not vitiate any other clause, provision, section or portion of this Act but the same shall remain of full force and effect and those portions which may be held illegal shall be governed thereafter by the laws governing the Superior Courts of this State in like matters. Unconstitutiona Sections not to affect other sections.

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Sec. 47. Be it further enacted, That all laws and parts of laws in conflict with provisions of this act, be and the same are, hereby repealed. Approved August 3, 1925. ASHBURN CITY COURT ABOLISHED. No. 47. An Act to repeal An Act to establish the City Court of Ashburn, in and for the County of Turner; to define its jurisdiction and powers and to provide for the appointment of the Judge and Solicitor and the other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 21, 1906 and all the 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 Ashburn to the Superior Court of Turner 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 the City Court of Ashburn created and organized under and by virtue of an Act entitled, An Act to establish the City Court of Ashburn, in and for the County of Turner; to define its jurisdiction and powers; to provide for the appointment of the Judge and Solicitor and the other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes, approved August 21, 1906 be, and the same is hereby, abolished and the said Act, and all Acts amendatory thereof, are hereby repealed. Act of 1906 repealed.

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Sec. 2. Be it further enacted by the authority aforesaid that all cases pending in said City Court of Ashburn, both civil and criminal be transferred to the Superior Court of Turner County, Georgia, and tried in said Superior Court as if originally filed in said Superior Court, and all illegalities, claims and answers to garnishment proceedings, and all other proceedings growing out of any execution, decree or order of said City Court shall be returned to said Superior Court of Turner County, Georgia, and all witnesses subpoenaed in cases pending in said City Court of Ashburn shall attend the Superior Court of Turner County, Georgia, from time to time until said cases so transferred shall be disposed of. Transfer of cases. Sec. 3. Be it further enacted, That all cases pending in said City Court so transferred to said Superior Court of Turner County, in which appearances have been made and pleadings filed by the defendants, or in which entries of in default have been entered, shall stand for trial at the next term of said Superior Court, unless continued therein under the laws regulating continuances in said Superior Court. Continuance of cases pending. Sec. 4. Be it further enacted, that the provisions of this Act shall become of full force and effect from and after the passage and approval of the same. When effective. 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, 1925.

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ATLANTA CRIMINAL COURT; QUALIFICATION OF JUDGES. No. 406. 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 15th, 1871 and Acts amendatory thereof and for other purposes approved September 6, 1891 and Acts amendatory thereof as amended by the Act approved July 22, 1924, by striking from Sec. XVII of the Act approved September 6, 1891 as amended by Act approved July 22, 1924, the first, second, third, fourth and fifth lines thereof beginning with the words The Judge in the first line thereof and ending with the word disqualified in the fifth line thereof and inserting in lieu thereof a provision designating what judges are competent to preside in the Criminal Court of Atlanta, when they may preside, and how they may be obtained, 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 Sec. XVII of the Act approved September 6th, 1891, creating the Criminal Court of Atlanta, as amended by the Act approved July 22, 1924, and the same is hereby amended by striking from said Section, the first, second, third, fourth, and fifth lines thereof beginning with the words The Judge in the first line thereof and ending with the word disqualified in the fifth line thereof, and substituting therefor and in lieu thereof the following, The Judge of the City Court of Atlanta and the Judges of the Municipal Court of Atlanta (Fulton Section) are hereby made competent to preside in the Criminal Court of Atlanta in cases of disqualification or sickness, of the Judge of said Criminal Court, and when the services of a Judge of the Municipal Court of Atlanta (Fulton Section)

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are needed, the Judge of the Criminal Court of Atlanta shall make a request in writing for such Judge to the Chief Judge of the Municipal Court of Atlanta (Fulton Section) whereupon the Chief Judge of said Court may in his discretion assign a Judge of said Court to preside in the Criminal Court of Atlanta until such time as the services of such Judge may not be needed, so that said Section when amended shall read as follows: Act of 1891 amended. Sec. 17 read. Sec. 17. The Judge of the City Court of Atlanta and the Judges of the Municipal Court of Atlanta (Fulton Section) are hereby made competent to preside in the Criminal Court of Atlanta in cases of disqualification or sickness of the Judge of said Criminal Court, and when the services of a Judge of the Municipal Court of Atlanta (Fulton Section) are needed the Judge of the Criminal Court of Atlanta shall make a request in writing for such Judge to the Chief Judge of the Municipal Court of Atlanta (Fulton Section) whereupon the Chief Judge of said Court may in his discretion assign a Judge of said Court to preside in the Criminal Court of Atlanta until such time as the services of such Judge may not be needed 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. Atlanta City and Municipal Court Judges to preside. Sec. 2. That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 26, 1925.

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ATLANTA MUNICIPAL COURT; ACTS AMENDED. No. 103. An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1 of Section 7 of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of Justice Courts and the office of Justice of the Peace and of Notary Public Ex-Officio Justice of the Peace in certain cities, and the establishment in lieu thereof such courts or system of courts as the General Assembly may deem necessary, etc., said Act approved August 20, 1913. The sections of said Act herein amended are Sections 1, 10, 22, 23, 24, 26, 29, 31, 36, as amended August 20, 1918 (see Acts 1918, pages 348-352, inclusive) 37, 40, 41, 42, and 53. This Act is also intended to amend all amendments to the aforesaid sections of said Act, especially Section 2 of the Act of August 16, 1922 amending Section 26 of the first mentioned Act approved August 20, 1913; and also amending Section 3 and 4 of the Act of the General Assembly of Georgia of 1914 approved August 17, 1914, found on pages 178 to 183, inclusive, of the Acts of 1914; and also this Act is intended to regulate the manner of appeals from judgments, rulings, and orders of the said court, that is, the Municipal Court of the City of Atlanta, Fulton Section, as well as to regulate the time and manner and way for the issuance of the writs of certiorari from the Superior Court; to correct the errors of the trial Judges of said Court; to provide for the signing of judgments based on the verdicts of juries in said Court; to define its jurisdiction as to subject matter, amount, territory and powers; to fix the term of said court; to fix the manner and mode of pleadings in said court; to fix the first term as the trial term of said Court; to provide for the restoration of any part of said Act or the amendments thereto, in the event same

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is declared unconstitutional; to provide for the selection and qualification of jurors for said Court; to provide for the appointment, qualification, duties, powers and compensation of officers and employees thereof; to create the office of Calendar Clerk; to provide for the foreclosure of liens against real estate and for the levy and sale of real estate and shares of stock in banks and other corporations by the Marshals of said Court; to fix the residential qualifications of the Clerk, Deputy Clerks, Marshal, Deputy Marshals, Special Deputy Marshals, 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 authority of the same, That from and after the passage of this Act the Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, Section 7, Article 6 of the Constitution of the State of Georgia, ratified October 2, 1912, relating to the abolition of the Justice Courts, etc., which said Act was approved August 20, 1913 (Acts of 1913, p. 145), and all Acts amendatory thereto, be and the same are hereby amended, by striking Sections 1, 10, 22, 23, 24, 29, 31, 36, as amended August 20, 1918 (see Acts of 1918, pages 348-352 inclusive) 37, 40, 41, 42, and 53, of said Act as amended, and inserting in lieu of the sections so striken, new sections to be known as sections 1, 10, 22, 23, 24, 29, 31, 36, 37, 40, 41, 42, and 53, to read as follows: Acts of 1913 and 1918 amended New Sec. 1. Section 1. Be it further enacted by the authority aforesaid, and it is hereby anacted by authority of the same, That effective January 1, 1914, all Justice Courts and the Office of Justice of the Peace and of Notary Public Ex-Officio Justice of the Peace in the City of Atlanta, Georgia, be and the same hereby abolished, and in lieu thereof, the municipal Court of Atlanta is hereby created and established, with the civil and criminal jurisdiction hereinafter provided. The territorial jurisdiction of said Court shall be co-extensive with the

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corporate limits of the City of Atlanta as the same now are or may be hereafter defined by law and also such other jurisdiction co-extensive with the limits of Fulton County as hereinafter provided as the same now are or may hereafter be defined by law; but there shall be two separate sections of said Court, one section within the county of Fulton, an done section for that part of said Ciyt within the County of DeKalb. Justice Courts abolished. Atlanta Municipa Court; jurisdiction. Sec. 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same That effective January 1st, 1924, there is hereby created a section of said Court to be known as the Fulton Section of the Municipal Court of Atlanta, which section shall be a part of the system of Municipal Courts in the County of Fulton. The jurisdiction of said Fulton Section of said Court as to amount, subject matter and territory shall be as in this Act herein after defined. Said Municipal Court of Atlanta, Fulton Section, shall have concurrent jurisdiction with the Superior Courts of Fulton county and the City Court of Atlanta over the entire County of Fulton except as to cases arising from injuries to the person or reputation and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, except as hereinafter provided, where the amount sued for the value of the property claimed or the amount of the lien sought to be established, is not more than twenty-five hundred dollars principal, exclusive of Attorney's fees, interest and costs. Provided, however, said Fulton Section of said Municipal Court of Atlanta shall not have jurisdiction over that part of the County of Fulton lying without the corporate limits of the City of Atlanta as they now exist or may hereafter be fixed by law, where the principal amount sued for, the value of the property claimed, or the amount of the lien sought to be established is one hundred dollars or less; provided further, however, the Municipal Court of Atlanta, Fulton Section, shall have jurisdiction over all subject matter in and over the entire

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County of Fulton, concurrent with the Superior Courts of Fulton County and the City Court of Atlanta, except in cases arising from injuries to the person or reputation, in amounts of one hundred dollars or less, which are now by law denied to Justice Courts and Notary Public Ex-Officio Justice of the Peace Courts. The succeeding sections of this Act from 11 to 40, inclusive, shall be held to refer only to the Fulton Section of said Court, and whenever in said sections of this Act the words Municipal Court of Atlanta or the words said Court are used, they shall be held to refer only to the Fulton Section of the Municipal Court of Atlanta. New Sec. 10. Fulton Section. Jurisdiction. Section 22. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, That there shall be a Clerk of said Court, a chief Deputy Clerk, a calendar Clerk and one Deputy Clerk. The Clerk, Chief Deputy Clerk and Deputy Clerk or Clerks of said Court, shall be elected by the Judges of said Court from the qualified electors and residents of Fulton County Georgia; and in event said Judges are evenly divided as to said applicant the nominee of the Chief Judge shall be selected. The Calendar Clerk shall be appointed by the Chief Judge from the qualified electors and residents of Fulton County, Georgia, who shall hold his office during the pleasure of said Chief Judge of said Court, whose duties and powers shall be the same as a Deputy Clerk, and such other duties as fixed by the rules of said Court. The Clerk shall be responsible for the acts of the Deputy Clerks. The term of office of such Clerk, Chief Deputy Clerk and Deputy Clerks shall be four years. Provided that the Commissioners of Roads and Revenues of Fulton County, Georgia, may authorize, in their discretion, the appointment of one or more additional Deputy Clerks to hold office under the terms and conditions prescribed for the Deputy Clerks herein authorized. The Board of Commissioners of Roads and Revenues of Fulton County may provide for such clerical assistance in the Clerk's Office as may be

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necessary, at such salaries as, in their discretion, may be reasonable and proper. Each Deputy Clerk, Chief Deputy Clerk and Calendar Clerk shall, before entering upon the discharge of his or her duties, enter into a bond approved by the Chief Judge of said Court, in the sum of one thousand dollars, payable to the Board of Commissioners of Roads and Revenues of Fulton County, for the faithful discharge of his or her duties. New Sec., 22. Clerks. Sec. 23. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That the Clerk of said Court shall perform in said Court the same duties that are required of the Clerk of the Superior Court of said County, so far as the same are applicable to and not inconsistent with the provisions of this Act, and such other duties as may be prescribed, from time to time, by the Judge of said Court in the rules of the Court. In addition, the Clerks of said Court shall collect all fees and costs chargeable or collectable under this Act and shall keep a careful statement of the same properly indexed and accessible at all times to the public, not less than once a week shall pay over to the Treasurer of Fulton County Georgia, all sums collected, furnishing said Treasurer an itemized statement of the same. The Deputy Clerk of said Court shall have the same powers and authorities herein prescribed for the Clerk thereof, subject as aforesaid to direction and control of said Clerk. For his services the Clerk of said Court shall receive a salary of not less than three hundred and fifty dollars per month payable monthly. Each Deputy Clerk, for his or her services shall receive a salary of not less than one hundred and fifty per month. The Chief Clerk to the Clerk and the Calendar Clerk shall receive a salary of not less than one hundred seventy-five dollars per month, payable monthly. The Clerk of said Court shall execute a bond payable to the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, in the sum of ten thousand dollars, conditioned for the faithful discharge of his duties of his office by

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himself and his deputies, said bond to be approved by the Chief Judge and filed in the office of the Clerk of the Board of Commissioners of Roads and Revenues of Fulton County, Georgia. All purely ministerial duties which under the laws of this State are performable by a Justice of the Peace or a Notary Public Ex-Officio Justice of the Peace, and any such duties prescribed by the rules of said Court, shall be performable by the Clerk or his deputies. The Clerk and Deputy Clerk of said Court may administer oaths and take affidavits, but shall not have power to attest a deed and similar instruments. The Clerk of said Court and each Deputy Clerk of said Court shall take an oath to faithfully and impartially and without fear, favor affection discharge his duties as Clerk or Deputy Clerk. The Board of Commissioners of Roads and Revenues of Fulton County may, in their discretion, increase the aforesaid salaries of the Clerk, Chief Deputy Clerk, Calendar Clerk, and Deputy Clerks, and such amount as in their discretion may be just and reasonable. Said salaries to be paid by monthly warrants drawn upon the Treasurer of Fulton County and signed by the chairman of said Board of Commissioners of Roads and Revenues of Fulton County. New Sec. 23. Duties of Clerks. Sec. 24. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, That there shall be a Marshal of said Court, four Deputy Marshals, and a Chief Deputy Marshal to the Marshal of said Court; provided however, the Commissioners of Roads and Revenues of Fulton County, Georgia, may in their discretion, authorize the appointment of additional Deputy Marshals. The Commissioners of Roads and Revenues of Fulton County, Georgia, may provide for such clerical assistants in the Marshal's Office as may be necessary at such salaries as, in their discretion may be reasonable and proper. The Marshal and Deputy Marshals of said Court shall be elected from the qualified electors and residents of Fulton County Georgia, and

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shall be elected by the Judges of said Court. Their term of office shall be four years. New Sec. 24. Marshals. The Marshals of said Court shall be paid not less than three hundred fifty dollars per month, payable monthly. The salary of the Chief Deputy Marshal to the Marshal shall be not less than one hundred seventy five dollars per month, and each Deputy Marshal shall be paid not less than one hundred and fifty dollars per month. The Chief Deputy Marshal to the Marshal and each Deputy Marshal of said Court shall execute a bond with good security, to be approved by the Chief Judge of said Court, payable to the Board of Commissioners of Roads and Revenues of Fulton County, Georgia. The Marshal's bond is fixed at ten thousand dollars and the Deputy Marshal's bond in the sum of twenty-five hundred dollars each, for the faithful discharge of the duties of their respective offices. The duties, powers, rights, authority, and liabilities of said Marshal, and each of said Deputies shall be the same as those prescribed for Constables elected or appointed, and serving in Justice Courts of this State, and in addition the same as those prescribed by law for the Sheriffs of the several counties, so far as the same are consistent with the terms of this Act and such other duties as may be prescribed from time to time by the Judges of said Court in the rules of the Court. The Clerk, the Chief Deputy Clerk, the Deputy Clerks, the Marshal and Deputy Marshals of said Court shall be subject to rule before the Chief Judge of said Court for the like causes and in the like manner as the Sheriffs and Clerks of the Superior Court and the Constables of this State may be ruled by the Superior Court. Compensation. Bonds. Duties. The Board of Commissioners of Roads and Revenues of Fulton County may in their discretion, increase the aforesaid salaries of the Marshal, Chief Deputy Marshal to the Marshal, and each Deputy Marshal, to such an amount as in their discretion may be just and reasonable. Said salaries to be paid by monthly warrants drawn upon

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the Treasurer of Fulton County and signed by the Chairman of said Board of Commissioners of Roads and Revenues of Fulton County. Powers of Fulton Commissioner Sec. 29. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that said Court shall have jurisdiction to foreclose loan deeds and all other liens arising ex contractu against real estate and all liens of laborers, contractors, material men, and other lieus of a similar nature on real estate, as well as on personal property, including mortgages, provided the amount claimed does not exceed the sum of Twentyfive Hundred Dollars. The manner of foreclosing such liens and loan deeds on real estate, and of foreclosing mortgages and liens on personal property, shall be as provided by law for such foreclosures in the Superior Courts, except as otherwise herein provided as to practice in said Court. New Sec. 29. Foreclosuers. Sec. 31. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that said Court shall have jurisdiction of all claims cases where personal property is levied on under executions, or other processes from said Court, where the value of the property levied on is not more than Twenty-five Hundred Dollars. The manner of making such claims in said Court, and all proceedings thereon, shall be conformable to the law as to such claims in the Superior Court, except that the issues formed thereon shall be tried as other issues are tried in the said Municipal Court of Atlanta. New Sec. 31. Claims cases. Sec. 36. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that the terms of said Court shall commence on the first Monday in each month and each term shall continue from day to day so far as may be necessary, but not to run beyond the Saturday preceding the commencement of the succeeding term. All actions in said Court where the amount involved, the value of the property sued for or claimed, or the amount of the lien sought to be enforced,

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does not exceed the amount of Five Hundred Dollars principal, exclusive of interest, costs and attorney's fees, shall be commenced by summons as now provided for in Justice of the Peace Courts; provided however, that in all actions in said Court where the amount involved, the value of the property sued for or claimed or the amount of the lien sought to be enforced, shall exceed the sum of Five Hundred Dollars principal, the pleadings in such cases shall be in conformity with the rules of pleading now in force or may hereafter be put in force in the Superior Courts of the State of Georgia, except as in this Act excepted. The first term shall be the trial term in all matters triable in said Court. All judgments based on the verdicts of juries shall be signed by the presiding Judge at such trial, and his signature thereon shall be sufficient. Each action shall be filed and process, suit or summons thereon issued, as the case may be, not less than twelve days prior to the first day of the particular term to which same is brought and summons thereon shall be served not less than eight days prior to the first day of the particular term to which such action is brought; Provided that the service effected too late for a particular term shall be good for the next succeeding term thereafter and provided that where service is not perfected by the Marshal or Deputy Marshal of said Court the Chief Judge shall have the same power as is now vested in Judges of the Superior Courts in this State to order the process amended and service to be perfected at the next term after his order. New Sec. 36. Terms of Court. The case shall be entered on a filing docket, together with the address of the plaintiff or his attorney, and it shall be the duty of the clerk to issue a process or summons as the case may be, directed to the defendant, commanding him to appear and defend on the first day of the term to which said action is brought, which summons or suit shall state the names of the parties, the day on which the claim was filed, and it shall be signed by the clerk or his deputy, and shall have attached thereto a copy of the

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note, account, suit, or cause of action sued on and shall have plainly printed thereon a succinct statement of the provisions of this Act and or any rules of court adopted in pursuance thereof, concerning the time, place and manner of making defense, and of demanding a trial by jury in said court, in such form and substance as may be prescribed by the rules of said court. Such suit or summons and copy shall be served by the Marshal, or his deputy, by delivering a copy thereof to the defendant, or by leaving such copy with some person more than eighteen years old domiciled at the residence of the defendant; and the Marshal, or his deputy as the case may be, shall make return of service stating the method thereof, and, when personal service is not made, the Marshal or his deputy, as the case may be, shall state the place where summons was left, with a brief description of the person with whom it was left, giving name of such person if possible. Each return of service shall show the date of such service. When such return is made, the clerk shall enter the fact, the date and manner thereof, upon his filing docket, and it shall be the duty of the defendant, or his attorneys, to file answer or enter appearance as in this Act provided, by having the fact stated by the clerk on said docket on or before the first day of the term to which such action is brought, and the clerk shall also enter on said docket the post office address of the defendant or his attorney. Docket. Summons. Sec. 37. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that suits in this court, except as herein provided, or as may be provided by the rules of the court, where the amount sued for, or claimed to be due, or the value of the property sued for or claimed is not more than Five Hundred Dollars principal, exclusive of attorney's fees, interest and costs, shall proceed as suits or actions in Justice Courts, under the practice thereof existing under the laws relating thereto, and shall be triable at the first term and in such matters, causes or actions as provided in this section

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to-wit, Section 37, the following pleadings and procedure shall prevail. New Sec. 37. Suits involving not more than $500. (a) No demurrer shall be necessary, but every defense in point of law or fact, whether for misjoinder, nonjoinder or insufficiency of fact to constitute a valid cause of action, which might ordinarily be made by demurrers or plea may be made by motion to dismiss or in answer, and such motion and answer may be made on the trial orally or in writing, the defendant having, on the return day, entered appearance, as hereinbefore provided, if the plaintiff shall have verified his account or claim or if the suit is unconditional in writing, a written answer shall be filed setting up the defense, and such answer must be verified under oath. Pleading. (b) No cross action shall be necessary and all affirmative relief appropriate to the facts shall be granted on any claim set up by written answer; provided, that where matter seeking set off, or other affirmative relief is pleaded, a copy of the answer shall be deposited with the clerk, accompanied by a stamped envelope, and by said clerk mailed to the plaintiff, or his attorney and at the address given on the filing docket. The defendant, or his attorney, shall make affidavit on such answer that a copy has been deposited as aforesaid. (c) The trial Judge shall, at any time, in the furtherance of justice, upon such terms as may be just, permit any claim, suit, process, proceeding, pleading or record to be amended, in form or in substance, or material supplemented matter to be set forth in an amended or supplemental oral claim or pleading. The Judge at every stage of the proceedings must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties, and amendments changing the cause of action, or presenting a new cause of action, arising out of the same transaction or subject matter, shall be allowed, providing, however, for time to the opposite party,

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where, in the discretion of the court it is deemed necessary to meet the new matter claimed by the amendment. Amendments. (d) Continuances or postponements shall be granted to either party at the first term to which a cause is returnable, where in the opinion of the Judge in charge of that division of the court to which said case is assigned said party has not had a reasonable time in which to prepare for trial, as well as upon the grounds upon which continuances or postponements may be granted by the Superior Courts of the State of Georgia; provided, however, that after the first term continuances and postponements shall be granted as a matter of right only upon the rules applicable to continuances or postponements in the Superior Courts. Continuances or postponements. (e) The Court shall in making rules, as in this Act provided supplement this section in a way to expedite the trial of cases and to eliminate expenses, and to that end, it may make all necessary rules relating to matters of procedure. The trial Judge in his discretion, may at any time order either party to a cause pending to reduce his pleadings to writing. Expiditiond rules. Sec. 40. Be it further enacted by authority aforesaid, and it is hereby enacted by authority of the same, that it shall be the duty of the Clerk of said Court to prepare and file in his office from the list of traverse jurors of the Superior Court of Fulton County, as provided from time to time for such Court a list of the traverse jurors appearing thereon who are residents of the county of Fulton. From the list so made jurors for said Court shall be drawn in the following manner: The Clerk of said Court shall write upon separate tickets the name of each juror, and shall number the same and place the same in a box to be prepared for that purpose, form which shall be drawn by the Chief Judge of said Court twelve jurors, in the manner as required by law in the Superior Courts, for each division of said courts trying jury business. As many divisions of said Court as may be necessary may sit

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for the trial of jury business at the same time and a jury shall be drawn in the manner aforesaid, for each division of said Court sitting for the trial of jury business. All laws with reference to the drawing and selecting of traverse and tales jurors in the Superior Courts, not inconsistent with the provisions of this Act, shall apply to said Municipal Court. The jurors so drawn shall be summoned by the Marshal of said Court, or other lawful officers, at least five days before the Court at which they are called to serve. From the twelve jurors drawn and summoned, as above provided, there shall be impanelled in all cases to be tried by jury in said Court a jury of nine and in each case each side shall have two strikes, and the five remaining shall constitute a jury for trial of such case. If there should be any deficiency of jurors, to make a panel of nine from cause or absence, the Marshal, by direction of the Court shall complete the jury by talesmen to nine. Each juror shall receive the of sum of Two Dollars per day while serving as a juror in said Court, the same to be paid under the rules governing the payment of Superior Court jurors. All laws of force with reference to qualifications, oaths, exemptions and fining of jurors in the Superior Courts of this State shall, when not inconsistent with the provisions of this Act, apply to and be observed in said Municipal Court. New Sec. 40. Jury lists. Jurors, how drawn. Summons. Panel. Sec. 41. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be an Appellate Division of said Court for the rehearing of matters arising in civil causes therein, and with power to grant or refuse new trials and render final judgments in cases brought to said Appellate Division as herein provided. Said Appellate Division shall consist of three Judges of said Court to be designated by the Chief Judge of said Court, none of which shall be the trial Judge whose judgment is being appealed from. Said Appellate Division shall sit as often as may be necessary to dispose of all cases appealed thereto. New Sec. 41. Appellate Division of Court.

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Sec. 42. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that new trials may be granted in said Court upon the same grounds upon which new trials may be granted in the Superior Courts of this State, and according to the same method of procedure, except as it may be hereinafter provided. New trials. (a) In all cases tried in said Court by a Judge without a jury the judgment of the Court shall be rendered and publicly announced in open court and if the judgment shall be rendered at the conclusion of the trial, the Judge shall cause the parties to the case or their counsel, to be notified of the time when the judgment will be rendered. Upon the rendition of the verdict of a jury in said court or upon the announcement of judgment in a case tried without a jury, any party to said cause or his counsel may make an oral motion for a new trial in said court, where the amount sued for or the value of the property sued for or claimed, is for the sum of not more than Five Hundred Dollars principal, exclusive of attorney's fees, interest and costs; and unless an oral motion for a new trial shall be made upon the rendition of judgment or the finding of a verdict, the parties shall be held to have waived their right to move for a new trial, except upon the grounds upon which extraordinary motions for a new trial may be made. Upon the making of such motion, the Court may hear the parties or their counsel, instanter or at such time as the Court, in its discretion may set for a hearing of said motion and no brief of the evidence shall be necessary. In matters where the principal sued for, or the value of the property sued for or claimed, is more than Five Hundred Dollars, then the same pleading, practice and procedure shall prevail as in the Superior Courts of Georgia. Should the Court grant said motion upon any ground, there shall be no appeal from such judgment granting a first new trial and the case shall stand for a new trial de novo. Oral motions Cases involving more than $500.

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(b) Should the Judge decline to grant said oral or written motion for new trial, as the case may be, he shall pass an order to that effect, and appeal shall lie therefrom to the Appellate Division of said Court upon any ground of new trial which would be ground for new trial in the Superior Courts. Appeals to Appellate Division. (c) Should the movement desire to enter an appeal to the Appellate Division of said Court from the order denying a new trial he shall, within ten days from the order overruling the oral motion for a new trial, file a written statement of the grounds of his motion, and the errors of which he complains, together with a written brief of so much of the evidence adduced on the trial of the case as may be necessary to a clear understanding of the errors complained of, the brief of evidence and the grounds of said motion to be certified as true by the trial Judge before the same shall be filed, unless further time is granted by the trial judge for the perfection and approval of the brief of evidence, in which case the trial Judge shall or der the brief filed, subject to correction and approval at such time as he shall fix. Appeals, how made. (d) Should it be made to appear that the brief filed by the appealing or moving party does not represent a bona fide effort on his part to prepare a proper brief of all the evidence necessary to a clear understanding of the errors complained of, the trial Judge may, in his discretion, dismiss the motion for new trial at the cost of the moving party. Dismissal of appeal for want of proper brief. (e) When the brief of evidence shall be approved, the Clerk shall forthwith enter said case upon docket of the Appellate Division of said Court and the case shall thereupon be ripe for a hearing by said Appellate Division. Hearing of appeal. (f) Upon hearing before the Appellate Division the presiding Judge shall pass an order sustaining or overruling said motion; and, if the Judges disagree as to such order, the judgment of the majority shall control and constitute the judgment of said Appellate Division. Order sustaining or overruling motion.

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Sec. 53. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all sales of personal property levied upon under processes from this Court, Fulton Section, shall take place before the Court House door of Fulton County; all of said sales to be held between ten o'clock A. M. and four o'clock P. M. at public outcry on the Monday next following ten days advertisement by notice posted at the Court House door, describing the property to be sold, the place and hour of sale, the style of the case in which the execution is issued and the location of the place where the property was seized. New Sec. 53. Sales of personal property in Fulton Section. All sales of personal property levied upon under processes from this Court in that portion of the City of Atlanta which is in DeKalb County shall take place at the place of holding of the DeKalb Section of the Municipal Court of Atlanta, said sales to be held under the laws of this State. The names and addresses of every purchaser at any sale conducted by an officer of this Court shall be furnished in writing by such officer to the Clerk thereof, and kept by him in proper record accessible to the public. Any sale may be conducted by the Marshal making the levy or by any other Marshal of said Court; provided, that in all cases where execution or other processes from this Court are levied upon real estate or shares of stock in a bank or other corporation, said real estate or shares of stock in a bank or other corporation shall be advertised and sold by the Marshal or a Deputy Marshal of said Court and at the time and place, and in the manner and form and under the conditions now prescribed by law for Sheriff's sales, sales of real estate and shares of stock in a bank or other corporation. Sales of perishable property and sales on the premises may be made under the rules relating to such sales in the Superior Courts of this State. The Marshal of said Court shall receive for such sale of stock and real estate, the same fees, costs and commissions as is now provided by law for sales of real estate and

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shares or stock in a bank or other corporation by the Sheriffs of said State. In DeKalb Section. Sales, how conducted. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that before the writ of certjorari shall lie to any verdict, judgment order, or ruling of the Municipal Court of Atlanta, a motion for a new trial must be made before the Judge trying the case, and his judgment thereon must be reviewed by the Appellate Division of said Court in the manner herein provided, and the writ of certiorari shall lie only to the final judgment of the Appellate Division of said Court. It shall be the duty of the Chief Judge of said Court to designate one of the three Judges sitting in the said Appellate Division to act as Presiding Judge, whose official title shall be Presiding Judge in the Appellate Division of said Court, whose duty it shall be to accept and acknowledge service in all petitions and writ for certiorari; to prepare the answer to such petition, signing the same in the name of the three Judges presiding in said case; to certify as to payment of costs and to approve all bonds in matters of certiorari and see that said answer is properly filed with the Clerk of the Superior Court, and in his absence or disqualification, either of the Associate Judges sitting in the Appellate Division may be served, approve bonds, certify as to payment of costs and make answer to said writ of certiorari. Writ of certiorari. Presiding Judge in Appellate Division. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that on and after the passage of this Act, Section 2 of the Act of August 16, 1922, which amended Section 26 of the Act approved August 20, 1913, be amended by striking the figures One Thousand Dollars in line 7, being the last line of page 208 of the Acts of the General Assembly of Georgia of 1922, and inserting in lieu thereof, the words and figures, Twenty-five Hundred Dollars, and adding the words real estate and following the words Mortgages on and before the words personal property in line 20,

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page 209 of said Section 2 of the Act of August 16, 1922, amending the original Act of August 20, 1913, so that Section 2, amending Section 26 of the original Act as amended, shall read as follows: Act of 1922, Sec. 2 amended. Sec. 26. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the Municipal Court of Atlanta shall have all the jurisdiction as to subject matter which, at the time of the adoption of said constitutional amendment, was exercised by Justice Courts and Justices of the Peace under the Constitution and Laws of this State, and in addition shall have jurisdiction to try and dispose of all civil cases of whatever nature, except injuries to the person or reputation, concurrent with the Superior Courts, including not only such suits as are begun by petition and process or summons, but also all other kinds of suits or proceedings which now or hereafter may be in use in the Superior Courts of the State or the Justice Courts, either under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavite to any proceedings from said Court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens on real estate and personal property, possessory warrants and other like proceedings and processes wherein the principal sum sworn to, or claimed to be due, exclusive of interest, costs and attorney's fees, or the value of the property sued for, does not exceed Twenty-five Hundred Dollars and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as defined in Sections 5440 to 5505, inclusive, of the Code of 1910. To be read. Jurisdiction of Court. Suits involving not more than $2,500 Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act creating the Municipal Court of Atlanta (Georgia Laws 1913,

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p. 145), as amended, be further amended by striking Sections 3 and 4 of the Act of the General Assembly of Georgia of the year 1914 amending the Act creating the Municipal Court of Atlanta, which said amendment will be found on pages 178 to 183, inclusive, and inserting in lieu thereof, two new sections known as Sections 3 and 4, which when so amended shall read as follows: Act of 1914 amended. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that from and after the passage of this Act, each of the Judges of the Municipal Court of Atlanta shall have authority to appoint one Special Marshal, who shall hold his or her office during the pleasure of such Judge of said Court who appointed such Special Deputy Marshal, and who shall discharge such duties in and about the court room when the court is in session and in and about the Judge's chambers as may be required by law, or by the Judge appointing him or her. In addition thereto, such special deputies shall have authority to summon jurors, to subpoena witnesses, to attend juries impanelled in said Court and to perform other such like duties as the Court may direct, and before entering upon the discharge of their duties, they shall take an oath as provided in Sec. 4990 of the Code of 1910. Such special Marshals shall receive as compensation for his or her services not less than One Hundred and Fifty Dollars per month upon warrants approved by the Chief Judge of said Court and drawn by the Chairman of the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, upon the Treasurer of Fulton County. Said special Marshals herein provided for shall, before entering upon their duties as such, enter into a bond for the faithful discharge of the duties of their respective offices, in the sum of One Thousand Dollars, payable to the Board of Commissioners of Roads and Revenues of Fulton County, Georgia. Said Deputy Marshals shall reside within the County of Fulton and State of Georgia. New Sec. 3. Marshals.

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Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Clerk of said Court shall keep a book of minutes, properly indexed, wherein he shall record or cause to be recorded all judgements of said Court and verdicts of the juries rendered therein, wherein the principal amount of said verdict or judgment or the value of the property involved in said verdict or judgment is fixed at or exceeds the sum of One Hundred Dollars, together with all orders of said Court pertaining thereto. The minutes shall be approved by the Chief Judge of said Court on the last day of each term. New Sec. 4. Minutes of cases involving more than $100. Sec. 5. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that should this Act, or the original Act creating the Municipal Court of Atlanta, approved August 20, 1913 (Act of 1913, p. 145), or any of the Acts amending such original Act, or any article, subdivision, section, paragraph or other portion thereof of such original Act, this Act or any Acts amendatory thereof, be declared unconstitutional for any reason, it shall not affect such original Act, this Act or Acts amendatory thereof, except that part so declared unconstitutional, and where any part of the original Act, this Act or any of the Acts amendatory thereof, is declared unconstitutional, then such part declared unconstitutional is repealed and that part of the original Act or the Acts amendatory thereof which was amended by such unconstitutional paragraph, article, section or part is restored to its original force and effect to all intents and purposes as if no attempt to amend same had been made. Unconstitutiona sections not to affect other sections. Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 31, 1925.

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BACON COUNTY COURT ABOLISHED; TRANSFER OF CASES TO ALMA CITY COURT. No. 36. An Act to amend an Act to create a County Court in each County of the State of Georgia except certain Counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereof, so far as the same apply to the County of Bacon, and for other purposes. Section 1. Be it enacted by the Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the above recited Act and all Acts amendatory thereof, as now embodied in the Code of 1895 from Section 4170 to Section 4217 inclusive, be and the same are hereby repealed so far as they apply to the County of Bacon, and the County Court of the said County of Bacon, is hereby abolished; provided, however, that this Act shall not go into effect until the passage and approval of an Act creating the City Court of Alma in and for the County of Bacon; provided further, that this Act shall be and remain effective only during the existence of the City Court of Alma, in and for the County of Bacon. Acts creating Court repeals. Sec. 2. That all papers, books, suits, mesne and final processes of whatever nature, and all criminal cases and business now pending in the County Court of Bacon County, be and the same are hereby transferred to the City Court of Alma for trial and final disposition. Transfer of cases. Sec. 3. Be it further enacted that all laws in conflict with this Act be and the same are hereby repealed. Approved July 22, 1925.

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BAINBRIDGE CITY COURT; CALENDAR; SALARIES; COURT EXPENSES. No. 177. An Act amending an Act creating the City Court of Bainbridge and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act creating the City Court of Bainbridge be amended by adding thereto the following: That the salary of the Judge of the City Court of Bainbridge shall, on and after the first day of September, 1925, be Two Hundred ($200.00) Dollars per month, payable monthly out of the Treasury of Decatur County, on orders to be issued by the Board of County Commissioners of said couty, which they are directed to issue. Judge's Salary. Sec. 2. That beginning with September 1, 1925, ten days prior to the convening of each regular and adjourned term of said court thereafter held, the Judge, after conference with the Solicitor, the Sheriff and the Clerk of said Court, shall make up and cause to be published a separate calendar of the criminal and civil cases which shall be for trial at such regular or adjourned term of the Court, and shall publish the same by posting a copy of the same on a bulletin board in the Court House. It shall not be lawful for said court to try any case not so placed on said calendar unless by consent of opposing counsel. Calendar. No case shall be called for trial prior to the day in which the same appears on the calendar without the consent of both parties in either civil or criminal cases, and not more than ten criminal cases shall be placed on the calendar for any one day, provided that pleas of guilty may be received on any day during the term of the court. No criminal case shall be put on said calendar unless the accusation or indictment is first filed in the office of

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the clerk of said court; accusations may be filed in term time or vacation. Criminal cases. Sec. 3. That on and after September 1, 1925, the legal fees and costs of the Solicitor, the Sheriff and Clerk in said City Court of Bainbridge in criminal cases wherein a defendant is convicted shall be and are expenses of court and payable as such out of the County Treasury of said county by the County Commissioners or other authorities having charge of the revenues in said county, who are directed to levy taxes to pay the same as expenses of court. Provided nevertheless any sum which may be received by such officers in said cases from fines and forfeitures shall be a credit upon the amount so payable from the County Treasury. Fees and costs. Sec. 4. Conflicting laws are repealed. Approved August 7, 1925. BAINBRIDGE CITY COURT; SALARIES; COURT EXPENSES. No. 299. An Act amending an Act, approved August 7th, 1925, amending the Act creating the City Court of Bainbridge, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. Section 1. That the whole of Section 2 of that Act of the General Assembly of Georgia, amending the Act creating the City Court of Bainbridge and entitled An Act amending the Act creating the City Court of Bainbridge and for other purposes, which was approved by the Governor on August 7th, 1925 and which provided for the publication of a civil and criminal calendar, and posting a copy of the same on a bulletin in the Court House, be and said Section 2, as expressed, only is hereby repealed.

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Provided however that this Act shall in no wise be construed to vary, decrease, effect change or repeal any part of the said Act approved August 7, 1925, relative to the salary of two hundred dollars per month of the Judge of the City Court of Bainbridge, nor as to its time, manner, or source of payment, nor in any wise effect, change, or alter any provision of the said Act amending the Act creating the City Court of Bainbridge in so far as the salary of the Judge of the City Court of Bainbridge is concerned. But this Act re-enacts all of the provisions of said Act of Aug. 7th, 1925, amending the act creating the City Court of Bainbridge in so far as the salary of two hundred dollars per month of said Judge of the City Court of Bainbridge is concerned and confirms the same, and be hereby enacted by the General Assembly of Georgia and it is enacted by the authority of the same that the salary of the Judge of the City Court of Bainbridge, shall on and after the first day of September 1925 be two hundred ($200.00) per month payable monthly out of the treasury of Decatur County Georgia on orders to be issued by the Board of County Commissioners of Roads and Revenues of Decatur County, which they, the said Board are directed to issue. Act of 1925 amended. Sec. 2 repealed. Sec. 2. Be it further enacted, that the Act of 1925, heretofore referred to be further amended by striking from Section 3, the following clause: Provided nevertheless any sum which may be received by such officers in said cases from fines and forfeitures shall be a credit upon the amount so payable from the county treasury, and said Section 3 of said Act when so amended shall read as follows: Sec. 3 amended. Sec. 3. That on and after September 1, 1925, the legal fees and costs of the Solicitor, the Sheriff and Clerk in said City Court of Bainbridge in criminal cases wherein a defendant is convicted shall be and are deemed and hereby designated expenses of court and payable as such out of the County Treasury of Decatur County by the

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County Commissioners of Roads and Revenues of Decatur County, or other authorities having charge of the revenues in said County, who are directed to levy taxes to pay the same and to pay the same out of the County Treasury of said County as expenses of Court. To be read. Fees and costs. 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 19, 1925. BLACKSHEAR CITY COURT JUDGE'S SALARY. No. 254. An Act to amend an Act entitled an Act to establish the City Court of Blackshear in and for the County of Pierce; to provide for the appointment of a judge, solicitor and other officers thereof and to define their powers and duties; to provide for pleading and practice and new trial therein, and from carrying cases from the said City Court of Appeals by bill of exceptions or writ of error, and for other purposes, approved August 15th, 1911, and Act amendatory thereof approved August 16th, 1918, so as to strike certain portions of the original Act as amended by the Act approved August 16th, 1918, and insert new provisions in lieu thereof, in order to increase the salary of the Judge of said City Court of Blackshear. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 2 of the original Act creating the City Court of Blackshear approved August 15th, 1911, as amended by the Act approved August 16th, 1918, be and the same is hereby amended by striking the words fifteen hundred and the word fifteen appearing as the last word in the twenty-second line of said section and the word hundred as the first word in the

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twenty-third line of said section in the amending act approved Aug. 16th, 1918, and inserting in lieu thereof the words two thousand, and by striking from the twenty-third and twenty-fourth lines of said section as it appears in said amending act the words shall not be increased or diminished during his term of office and substituting therefor the words shall so remain until changed by law, so that said section as a whole as amended shall read as follows: Act of 1911 amended. Sec. 2. Be it enacted by the authority aforesaid, that there shall be a judge of said City Court of Blackshear, who shall be elected by the qualified voters of the County of Pierce at the next general election to be held for the election of members of the General Assembly of Georgia for the year 1918 in the same manner as County officers for the County of Pierce are now elected or may hereafter be elected and whose term of office shall be for a period of four years beginning January 1st, 1919, and until his successor is elected and qualified, and thereafter the term of office of said judge shall be four years, and he shall be elected by the qualified voters of Pierce County every four years from said election herein provided and under the provisions of this section at the same time and in the same manner as county officers of Pierce County are now elected or may hereafter be elected, and all persons elected under the provisions of this section shall be commissioned by the Governor or county officer are commissioned. Should there be a vacancy in said office of judge from any cause whatsoever, the said vacancy shall be filled in the same manner as vacancies in the office of judge of the superior courts are now filled. The judge of the City Court shall receive a salary of two thousand dollars per annum, which shall so remain until changed by law, and shall be paid monthly in equal monthly installments by the treasurer or county depository of said county on the order of the Ordinary, Commissioners of Roads and Revenues or other person in said county charged by law

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with the paying out of money of the County of Pierce, and it shall be the duty of such persons to make provision annually for the payment of said salary by levying and collecting taxes for this purpose. The Judge of said court shall receive no other compensation, but may practice law in any court except his own. Sec. 2 read. 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 17, 1925. COLUMBUS MUNICIPAL COURT; ACT AMENDED. No. 416. An Act to amend an Act entitled an Act to abolish the Justice Courts and the office of Justice of the Peace and office of Notary Public and Ex-Officio Justice of the Peace, and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, and to define its jurisdiction and powers, etc., approved August 12th, 1915, as amended, so as to further amend said Act, and increase the salary of the Judge of said Court to $3,300.00 per annum; to authorize the fixing of the salary of other officers of said Court by the Commissioners of the Roads and Revenue of said County in conjunction with the Grand Jury; and for the change of the place of holding Marshal's sales and for the selection of jurors, and for furnishing necessary automobile or automobiles for properly conducting the business of said Court and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act entitled an Act to abolish the Justice Courts and the office of the Justice of the Peace and office of Notary Public and Ex-Officio

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Justice of the Peace, and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, and to define its jurisdiction and powers, etc., approved August 12, 1915, as amended, be and the same is hereby further amended as follows: Act of 1915 amended. That Section 28 of said Act be amended by striking therefrom in the 4th line of said Section the words, northwest corner of Broad and 11th Streets in the City of Columbus and inserting in lieu thereof the words Court House door, and by striking the words, to-wit: the place of sale, and, and inserting in lieu thereof the words one of which shall be, so that said Section when so amended will read as follows: Section 28. Be it further enacted by the authority aforesaid that all sales of personal property levied upon under process of said Municipal Court shall take place at the court house door the usual place for holding sheriff's sales in Muscogee County during the legal hours of sale at public outery, on the Monday next following ten days advertising by notice posted in two public places in the City of Columbus, one of which shall be at the court house door; which advertisement shall describe the property to be sold, the place and hour of sale, the name and the residence of the owner of the property, and the style of the case in which the execution issued. Such sales shall be conducted by the Marshal of said Court or his deputy; provided that sales of perishable property and sales on the premises where the property is seized may be made as provided by law; and provided further that in all cases where real estate is levied upon under a process from said Court the subsequent proceedings shall conform to the laws governing the sale of real estate. Sec. 28 read. Sheriff's sales, where held. Sec. 2. Be it further enacted by the authority aforesaid, that Section 10 of said Act and all amendments thereto, be and they are further amended by striking all of said Section after the words shall be in the third line thereof, and inserting in lieu thereof the words and

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figures thirty-three hundred dollars per annum, so that said section when amended shall read as follows: Section 10. Be it further enacted by the authority aforesaid that the salary of the Judge of said Municipal Court shall be thirty-three hundred dollars per annum. Sec. 10 read. Judge's salary. Sec. 3. Be it further enacted by the authority aforesaid that there be added to said Act immediately following Section 10, and preceding Section 11 thereof a new Section to be numbered Section 10-A, and reading as follows: Section 10-A. Be it further enacted by the authority aforesaid that the salary of all officers of said Court, except the Judge, shall be fixed by the Commissioners of Roads and Revenues of Muscogee County, in conjunction with the Grand Jury of said County, in the following manner: Sec.10-A. Salaries of other officers, how fixed. Between the first day and fifteenth day of July in each year the Judge of the said Court shall furnish to said Commissioners of Roads and Revenues a statement as to the number of Marshals, deputy Marshals, Clerks and Deputy Clerks and Assistants required for the proper conduct and operation of said Court, together with a recommendation as to the salaries of such officers, and shall likewise furnish a statement of other expenses connected with the administration of said Court, together with a statement of the amount of cost collected by the Court during the preceding twelve months, and the salaries of such officers of such Court shall be fixed by such Commissioners of Roads and Revenues not less than ninety days before the first day of each succeeding January; it being expressly provided, however, that before the Act of the Commissioners of Roads and Revenues in fixing the 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 the next grand jury convening thereafter. It shall be the duty of said Commissioners to submit such schedule of salaries to said grand jury, and it shall be then the duty of said grand jury after such submission of such schedule to make consideration

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of such schedule as first order of business. The said grand jury shall have power to disapprove said schedule of salaries by two-thirds vote, of all members thereof. Unless said grand jury shall thus disapprove said schedule, such schedule shall remain as fixed by said Commissioners of Roads and Revenue. In the event said grand jury disapproves such schedule as aforesaid then the foreman of said grand jury shall appoint a committee therefrom, consisting of three members, which committee shall meet in joint conference with said Commissioners for the purpose of harmonizing their differences and determining upon a proper schedule of salaries for such officers, and a schedule of salaries approved by a majority of such joint conference shall be final. In the event of a failure to agree between said grand jury and said Commissioners of Roads and Revenues then the schedule of salaries in force and effect during the preceding year shall remain in force and effect until changed in accordance with the terms of this Act. It is expressly provided, however, that there shall be no decrease in the salary of any officer elected by the people during the term of office for which he or she was elected. Sec. 4. Be it further enacted by the authority aforesaid that a new Section be added to said Act, numbered Section 36, and reading as follows: Section 36. Be it further enacted by the authority aforesaid that the Board of Commissioners of Roads and Revenues of Muscogee County may in its discretion furnish for the use of the Marshal and Deputy Marshal or Marshals of said Court, necessary automobile or automobiles to properly conduct the business of said Court, the expense thereof to be borne out of the costs collected in said Court. New Sec. 36. Marshal's automobiles. 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 26, 1925.

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CONYERS CITY COURT ESTABLISHED. No. 287. An Act to establish the City Court of Conyers in and for the County of Rockdale, to define its jurisdiction and powers, to provide for the election of a judge, solicitor and other officers, to define the duties of the judges and other officers thereof and to fix their compensation to provide for rules for practice and procedure in said court, to provide for new trials therein and writs of error therefrom, and provide for the transfer of certain cases from the Superior Court of Rockdale County to said City Court of Conyers and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the City Court of Conyers to be located in the County of Rockdale, in the City of Conyers, is hereby established and created with civil and criminal jurisdiction of the whole county of Rockdale, concurrent with the Superior Court; to try and dispose of all civil cases of whatsoever nature wherein the principal claimed or involved is more than one hundred dollars and does not exceed five thousand dollars, except those of which the Constitution of the State of Georgia has given the Superior Court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Rockdale. Court established. Jurisdiction. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also other kind of suits and proceedings that now or may hereafter be in use in the Superior Court, either under the common law or statutes, including among others, attachment and garnishment proceedings, claims to personalty, illegalities, counter affidavits to any proceedings in said court, statutory awards, proceedings

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against intruders and tenants holding over, partition of personalty, issues upon distress warrants, trover and bail trover, foreclosure of all liens and mortgages on personalty, habeas corpus proceedings and quo warranto. The judge of said City Court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the judge of the Superior Court. Writs of habeas corpus. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court of Conyers, that the first Judge of the said City Court shall be appointed and commissioned by the Governor, whose term of office shall expire on the thirty-first day of December, 1928, or until his successor is elected and qualified. His successor as Judge of said City Court shall be elected by the qualified voters of Rockdale County at the regular election to be held on the first Tuesday after first Monday in November, 1928, and once in every four years thereafter and all vacancies in said office of Judge of said Court shall be filled by appointment of and commissioned by the Governor of said State, whose term shall be for the remainder of the unexpired term. Judge. Term of appointment. Election of successor. Term of office. Vacancies. Sec. 3. Be it further enacted by the authority aforesaid that the Judge of said City Court of Conyers shall receive a salary of twelve hundred ($1,200.00) dollars per annum, and shall be paid monthly out of the funds arising from the fines and forfeitures of said Court as hereinafter provided. The Judge of said City Court shall as such receive no other compensation but may practice law in any Court except the City Court of Conyers, and may hold any other office except those expressly prohibited by law from holding. Salary. Judge may practice law. Sec. 4. Be it further enacted by the authority aforesaid, that no one shall be eligible for the office of said Judgeship unless he shall at the time of qualification be at least twenty-five years of age, a resident of Rockdale County, Georgia, for at least three years immediately

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proceeding his election or appointment, and must have practiced law, at least three years before his qualification. He shall immediately before entering upon the duties of his office take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, rich or poor, white or black, and I will faithfully and impartially discharge all duties which may be required of me as Judge of the City Court of Conyers according to the best of my ability and understanding agreeable to the laws and Constitutions of this State and of the United States, so help me God, which oath shall be filed in the executive department. Eligibility. Oath. Sec. 5. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said City Court of Conyers, that said first solicitor shall be appointed and commissioned by the Governor, whose term of office shall expire on the thirty-first day of December, 1928, or until his successor is elected and qualified. His successor as solicitor of said Court shall be elected by the qualified voters of Rockdale County at the regular election to be held on the first Tuesday after first Monday in November of 1928, and once every four years thereafter, and all vacancies in said office of solicitor shall be filled by appointment of and commissioned by the Governor of the State, whose term shall be for the remainder of the unexpired term. The duties of the solicitor of said City Court, shall be to prosecute all offenses cognizable before said City Court, and he shall perform such other duties as usually pertain to the office of Solicitor-General. Solicitor. Term of appointment. Election of successor. Term of office. Duties. Sec. 6. Be it further enacted by the authority aforesaid, That the salary of the solicitor of said City Court shall be one thousand ($1,000.00) dollars per annum, and shall be paid monthly out of funds arising from fines and forfeitures of said Court as hereinafter provided. Said solicitor shall receive for representing the State in the appellate Court of the State the same compensation

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now paid by the State to Solicitors-General of the Superior Courts for like services, and said fees to be paid by the State in the same manner that the same are now paid Solicitors-General. The Solicitor of said City Court shall, as such, receive no other compensation, but may practice law in any court or courts and may hold any other office or offices, except those which he is expressly prohibited by law from holding. Salary. Solicitor may practice law. 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 Conyers unless he shall have arrived at the age of twenty-one at the time of his qualification, and shall have been a bona fide resident of Rockdale County for at least two years immediately preceeding his election or appointment, and shall be actively engaged in the practice of the law for two years prior thereto. 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 Conyers, so help me God. If for any reason 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. Eligibility. Oath. Vacancies. Sec. 8. Be it enacted by the authority aforesaid that the Clerk of the Superior Court of Rockdale County shall be the Clerk of the City Court of Conyers, and the said Clerk shall before entering upon the duties of the office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the book of minutes of said City Court. Clerk. Sec. 9. Be it further enacted by the authority aforesaid, that the Sheriff of Rockdale County shall be the Sheriff of the City Court of Conyers. Before entering upon the discharge of the duties of his office as such Sheriff of said City Court said Sheriff shall execute a

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bond with good security in the sum of two thousand dollars for the faithful performance and discharge of the duties of his office. Sheriff. Bond. He shall have power to appoint a deputy or deputies with the consent of the Judge of said Court. It shall be the duty of the Judge of said Court to approve the bond given by the Sheriff. Deputies. The bond shall be in the same form as the usual bond given by Sheriffs and shall be filed with the Ordinary of said County of Rockdale. Any deputy or deputies said Sheriff may have or may hereafter have shall also be deputies of said City Court. The Sheriff of said Court is authorized with the approval of the Judge to appoint at each term of said Court not exceeding two Bailiffs as officers of said Court, who shall receive for their services the sum of three dollars per day. Bailiffs. Sec. 10. Be it further enacted by the authority aforesaid, that all of the duties and liabilities attached to the office of Clerk and to the Sheriff of the Superior Court, shall attach to the office of the Clerk and the office of the Sheriff of the City Court of Conyers respectively. And that the Judge of the City Court of Conyers is empowered to enforce the same authority over the Clerk and Sheriff of said City Court and their duties as is exercised by the Judge of the Superior Court over the Clerk and Sheriff of the Superior Court. Duties and liabilities. Sec. 11. Be it further enacted by the authority aforesaid, that the Clerk of the City Court of Conyers shall be paid the same fees as are allowed by the clerks of the Superior Court for like services, and the sheriff of said City Court shall be paid the same fees as are allowed the sheriff of Rockdale County in the Superior Court, and the said sheriff and his deputies shall for all services receive the same fees as are allowed by law for like services in the Superior Court, of said county. Fees. Said fees shall be paid monthly out of fines and forfeitures of said court as hereinafter provided. The said

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clerk and deputy, and said sheriff and deputies shall be amenable to the same process and penalties as they are now amenable to in the Superior Cut, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in the said City Court as they are now entitled to in the Superior Court. Sec. 12. Be it further enacted by the authority aforesaid, that the terms of the City Court of Conyers shall be as follows: The first Court to be held the third Monday in February 1926, and quarterly thereafter on the third Monday in May and the third Monday in August and November of each year. The Judge of said Court shall have power to hold said court in session so long as in his judgment the same shall be necessary, at each regular and adjourn terms, and he shall have power and authority to order and hold adjourn terms of said Court when in his judgment it is necessary, and to adjourn his regular term to such time as he shall deem best, and he shall have the same power and authority as to holding adjourned and special terms of his court as Judges of the Superior Courts have. Terms of Court. Sec. 13. Be it further enacted by the authority aforesaid that suits in said City Court shall in all respects be conformable to the mode of procedure in the Superior Courts except as hereinafter provided, but process to writs to be annexed to suits in said City Court, shall be attested in the name of the Judge thereof and be directed and served by the Sheriff of the City Court of Conyers or by his deputies. Procedure. Sec. 14. Be it further enacted by the authority aforesaid, that in all matters pertaining to service, pleadings and practice, the laws governing the Superior Courts, when not inconsistent with this Act and otherwise specially provided for by this Act, shall be applicable to said City Court. Pleadings, etc. Sec. 15. Be it further enacted by the authority aforesaid, that all cases, both civil and criminal of which the

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court has jurisdiction, shall be tried by the Judge without a jury unless one party to the case shall in writing demand a trial by a jury, and in that case a trial shall be had by a jury of six as hereinafter provided, unless always in any case one of the parties to a case, either civil or criminal, shall be entitled to a jury of twelve by entering a demand therefor on or before the call of the docket at the term at which said cause is returnable, or in a criminal case by the State or the defendant at the time the case is called and both parties have announced ready. The clerk of said court shall keep blank forms of demand for trial by jury, and when a jury of twelve is not especially demanded, the party making the demand, shall be entitled to a trial by a jury of six. A mere demand for a trial by a jury shall be a waiver of a trial by a jury of twelve, and the party or parties must proceed to trial with a jury of six. Trials. Demand for jury trial. Sec. 16. Be it further enacted by the authority aforesaid, that all judgments obtained in said court, shall be a lien upon all of the property of the defendant or defendants throughout the State in the same manner as judgments emanating from the Superior Courts are; all executions issuing from said City Court shall be attested in the name of the Judge, signed by the clerk and directed to the sheriff or his deputies of the City Court of Conyers, and to all and singular the sheriffs or their deputies of the State of Georgia, and processes of all kinds issued from said court shall be directed in the same manner as executions. Liens and executions. Sec. 17. Be it further enacted by the authority aforesaid, that said City Court shall have jurisdiction of all claims where personal property is levied upon under execution or other process from said Court provided the amount claimed does not exceed the jurisdictional amount as hereinafter provided, and such claims shall be tried in the same manner as claims are tried in the Superior Court. Levies on personal property; jurisdiction of Court.

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Sec. 18. Be it further enacted by the authority aforesaid, that claims to real property levied upon under execution or other process from said City Court, shall be returned to the Superior Court of the county where said real property is situated, and shall there proceed as other claims in the Superior Courts. Claims returnable to Superior Court. Sec. 19. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments as to any matters whatever in the Superior Courts of this State shall apply to said City Court as if named with the Superior Court, so far as the nature of the City Court will permit. All attachments in said city court returnable to said court shall be directed to the sheriff or his deputies of the city court of Conyers, and to all and singular the sheriffs and constables of said State, and the Judge of said city court, or any justice of the peace or notary public ex-officio justice of the peace may issue attachments under the same rules and laws governing the issuing of attachments returnable to the Superior Court. Attachments and garnishments. Sec. 20. Be it further enacted by the authority aforesaid, That the garnishment and attachment proceedings, and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the Superior Courts. Distress warrants. Sec. 21. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the Superior Courts, but scire facias shall run throughout the State and may be served by any sheriff or his deputies thereof. Making parties. Sec. 22. Be it further enacted by the authority aforesaid, That the general laws of the State with regard to the commencement of suits in the Superior Court, defenses, setoffs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories, or under subpoenas, witnesses and their attendance or other matters of a judicial nature within the

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jurisdiction of the said city court, shall be applicable to said city court. General laws applicable. Sec. 23. Be it further enacted by the authority aforesaid, That the Judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony in his jurisdiction in all cases according to the laws of the State; and the Judge and all other officers of said court shall have the power respectively to administer all oaths pertaining to their office, as the Judge nd other officers of the Superior Court may do in like cases and said Judge shall have the power to attest deeds and other papers and administer affidavits in the State in which by existing laws, deeds and papers may be attested and affidavits may be administered by the justices of the peace of the State; and the Judge of said City Court shall have all the power and authority throughout his jurisdiction as the Judge of the Superior Court, and all laws relating to the government of the Judges of the Superior Courts shall apply to the Judge of said city court in so far as the same my be applicable, except as herein provided. Testimony de bene esse. Sec. 24. Be it further enacted by the authority aforesaid, That the city court of Conyers shall be a court of record and shall have a seal and such records and files as are required by law to be kept for the Superior Courts, shall be kept in and for said city court in the same manner and all laws applicable to the duties of the clerk and sheriff of the Superior Court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Sec. 25. Be it further enacted by the authority aforesaid, That the Judge of said city court shall have the power to enforce the orders to preserve order, to punish for contempt and to enforce all of his judgments as is vested in the Judges of the Superior Courts of this State. Contempt.

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Sec. 26. Be it further enacted by the authority aforesaid, That the clerk of said city court shall prepare and keep on file in his office a complete list of all persons within the territorial jurisdiction of said city court who are competent and liable to serve as petit jurors in the Superior Court of Rockdale County, and it shall be the duty of said clerk to make out tickets of equal number to the number of names in said list. He shall write upon each ticket the name of one of the said persons and deposit the name in a box to be provided and numbered one (1) until there shall be a ticket bearing the name of each person on said list. Said jury box shall be revised by the clerk every time the jury list of the county is revised by the jury Commissioners of Rockdale County. Said box shall be known as the city court jury box and shall be so constructed that it shall have two compartments and kept under one lock and key, and shall not be opened by any one except the Judge of said city court or some Judge acting in his stead for the purpose of drawing juries, or for revising as herein provided for. Jury lists. The compartments of said jury box shall be numbered one and two and when compartment one is exhausted by the drawing of juries the names in No. two shall be placed back in No. one and the same process shall be gone over again and again as box No. one shall be exhausted. The clerk shall keep the jury box and the sheriff shall keep the key to the same. At each October and April term of said city court the presiding Judge shall in open court from the jury box of said city court draw eighteen (18) names of persons to serve as jurors at the next term of said court, and shall cause the clerk of said court to record the names of the jurors so drawn. And the clerk of said court shall prepare a summons for each juror and deliver the same to the sheriff of said city court or to his deputy at least fifteen days before the next term of said court, which summons said sheriff or his deputies shall serve at least ten days before the term of court they are required to attend. Should it be

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necessary to draw a jury in vacation the Judge of said court may at any time fifteen (15) days before the next term of said court, in the presence of the clerk and the sheriff of said court, proceed to draw a jury in the manner above described. Sec. 27. Be it further enacted by the authority aforesaid, That all laws with reference to drawing, selecting, summoning traverse and tales jurors, qualifications, relationship, paneling, challenging and compelling the attendance of jurors now in force in this State or may hereafter be enacted into law, regarding the same in the Superior Court shall apply to and be observed in the city court when not inconsistent with this Act. The law with regard to the exemption from jury duty in the Superior Court shall apply in the city court. Superior Court laws as to juries applied to City Court. Sec. 28. Be it further enacted by the authority aforesaid, That six jurors shall constitute a panel, unless a trial by twelve jurors is demanded as hereinbefore set out. When a trial by a jury is demanded the jury shall be selected as follows: In civil cases each side shall have three strikes and in criminal cases the defendant shall have four strikes and the State shall have two strikes, six shall thus constitute a jury. When a trial by a jury of twelve is demanded as hereinbefore provided, a list of eighteen jurors shall be furnished and each party shall have the same number of strikes as provided above in this section when the trial is had by a jury of six. The Judge shall have the same power to complete any panel by talesmen in the same manner as in the Superior Court. The jurors drawn on the regular and likewise the talesmen which the Judge of said court is empowered to summon instanter at any term of said court whenever necessary to complete a panel, shall each receive two dollars per day while serving as jurors in said court, the same to be paid under the same rules as regulating the payment of Superior Court jurors, except the same shall be drawn upon the city court funds as hereinafter provided. A panel in said court shall consist of six jurors. Panels of juriors.

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Sec. 29. Be it further enacted by the authority aforesaid, That all criminal cases tried in said court wherein the evidence makes out a case of felony, the Judge shall thereupon suspend the trial and commit the defendant to the Superior Court; as a preliminary or commitment trial. Commitments. Sec. 30. Be it further enacted by the authority aforesaid, That the defendant in criminal cases in said court shall be tried on a written accusation setting forth plainly the offense charged founded upon affidavit of the prosecutor and signed by the solicitor of said court, except where a warrant has been issued and is pending the accusation may be based on same, with or without an additional affidavit, and in all criminal cases within the jurisdiction of said city court the defendant shall not have the right to demand an indictment by the grand jury of Rockdale County. All proceedings after the accusation shall conform to the rules governing like cases in the Superior Court, except as provided in section 28 of this Act. In all criminal cases tried, the accusation shall set forth the offense with the same particularity, both as to manner, form and substance as is required by the laws and rules of criminal pleadings, to be observed in bills of indictment in the Superior Court. Accusation and procedure in criminal cases. Sec. 31. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court of Rockdale shall transmit from the Superior Court of Rockdale County to the said court of Conyers for trial and final disposition all presentments and indictments which may be undisposed of at the close of each term of the Superior Court of Rockdale County, charging misdemeanors, as the Judge of said court may see fit to transmit to said court and when such cases by proper written order by the Judge of the Superior Court are transmitted to the city court. Transfer of presentments and indictments. Such orders shall be entered on the minutes of both courts.

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At the term of the Superior Court next this bill takes effect and at the conclusion of said term, the Judge of the Superior Court of Rockdale County, shall by proper written order entered upon the minutes of both courts, transfer all civil cases undisposed of to the city court of Conyers, wherein the amount involved is within the jurisdiction of the city court of Conyers, as hereinafter provided. Transfer of Civil cases Sec. 32. Be it further enacted by the authority aforesaid, That it shall be the duty of the justices of the peace of said Rockdale County to bind over to said city court all persons charged with offenses committed in Rockdale County over which said court has jurisdiction, there to answer said offense. Commitments. Sec. 33. Be it further enacted by the authority aforesaid, That a writ of error shall be directed from the said city court to the Supreme Court of the State or the Court of Appeals of the State, upon a bill of exceptions filed under the same rules and regulations governing the issuing of writs of error and filing bills of exceptions in the Superior Courts of this State. Writ of error. Sec. 34. Be it further enacted by the authority aforesaid, That the Judge of said city court shall have the power and authority to grant new trials in both civil and criminal cases, in his court upon the same rules and regulations, laws and conditions governing the granting of new trials in the Superior Courts. All rules of procedure, pleading and practice governing motions, rules nisi and proceedings governing new trials in Superior Courts, shall apply to and govern the same in said city court. New Trials. Sec. 35. Be it further enacted by the authority aforesaid, That in all cases in said city court the same powers and rights as to waivers, pleadings or procedure, shall be allowed and upheld by laws and rules as to parties in the Superior Court of this State except where inconsistent with this Act. Pleading, etc.

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Sec. 36. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, co-partners or joint trespassers in which any one or more reside in the County of Rockdale may be brought in said city court, whether its jurisdiction is already stated under the same rules and regulations governing said cases in the Superior Courts mutatis mutandis, as to copies, second originals, returns and other matters connected with suits. Suits against co-partners. Sec. 37. Be it further enacted by the authority aforesaid, That rules of the Superior Court relating to continuances, motions, pleas and practice, shall be applicable to said court and shall obtain herein where the same are not inconsistent with this Act. Continuances, practice, etc. Sec. 38. Be it further enacted by the authority aforesaid, That whenever the Judge of said court is, from any cause, disqualified from presiding and the Judge of the Superior Court cannot preside in said court as provided in the Constitution, then upon the consent of the parties in any civil case or upon their failure or refusal to agree, said cause shall be tried by a Judge pro hac vice selected in the same manner as now provided in Superior Courts. Disqualification of Judge. Sec. 39. Be it further enacted by the authority aforesaid, That all fines, forfeitures and moneys arising from cases in said city court shall be collected by the sheriff of said court and immediately turned over to the treasurer of said county or be deposited in the name of the county in the county depository, and there shall be kept a fund by said treasurer or depository to be known as city court funds, when the sheriff of said court turns over said money as aforesaid, said sheriff shall make and deliver to the clerk of the county commissioners an itemized statement of the source of said moneys. The fees and salaries of all officers, on the first Tuesday in each month upon warrant drawn and signed by the county commissioners a statement of their salary or itemized statement of their fees and the warrant so drawn by said

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commissioners shall be to cover the statement presented, and shall be drawn on the city court fund, and the clerk of said court shall at the end of each jury term, after drawing and delivery of said warrants, make out a statement, names and amount paid to the jury and deliver said statement to the clerk of the county commissioners. Fines and forfeitures, disposition of. Sec. 40. Be it further enacted by the authority aforesaid, That the Judge of the city court of Conyers is hereby authorized to turn over to the proper authorities of the county of Rockdale or such other county as the county commissioners may direct the convicts of said city court to be by them used as are the misdemeanor convicts from the Superior Court of this State. Convicts. Sec. 41. Be it further enacted by the authority aforesaid, That in each criminal case where the defendant and turned over to the county authorities of Rockdale County to be disposed of them by them as are misdemeanor convicts from the Superior Court of said county, the sheriff and clerks shall make out different and separate bills from the ones mentioned in section 39 of this Act, and these bills shall include commitments, if any, and these bills shall be turned over to the county commissioners who shall issue warrants upon the court fund of said county to cover said statements so presented, it being the intention of this Section to require the county to pay the costs in all misdemeanor cases in said court where the defendant is convicted and the county receives the services of the defendant as a convict upon the roads of said county or pay for same upon the roads of some other county. Costs in misdemeanor cases. Sec. 42. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues shall provide for the necessary books for the keeping of the dockets, minutes and records of said court and all equipment of every kind and character necessary in the operation of said court; also to provide place in the court house for the holding of said court. Books and records.

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Sec. 43. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said city court of Conyers appointed by the Judge of said court, and all civil cases in said court shall be reported at the request of either plaintiff or defendant, and the fees for reporting such cases shall be the same as are allowed for similar services in the Superior Courts, to be paid by the plaintiff and defendant equally, and the stenographer shall have the right to enforce the collection of said fees as do the stenographers in the Superior Court in this State; provided further that the stenographer shall be required to attend criminal sessions of said city court only in the discretion of the Judge, and when required to attend criminal sessions of the said city court he shall receive for his services the same fee as do stenographers of the Superior Courts for like services. Stenographer. Sec. 44. Be it further enacted by the authority aforesaid, That the salaries and fees of the various officers of said city court shall be paid monthly upon warrants drawn by the county commissioners as hereinbefore provided, and it shall be the duty of such board to draw such warrant. Salaries and fees. Sec. 45. Be it further enacted by the authority aforesaid, That when there is not a sufficient amount of money in the hands of the treasurer in the city court fund to pay the warrants drawn on said fund the commissioners of roads and revenues shall draw warrants to cover the expense on the court fund and when the city court fund is sufficient to authorize it, said commissioners shall have the right to pay back to the court fund the amount of money drawn on said fund to pay city court expenses. Warrants on Court fund. Sec. 46. Be it further enacted by the authority aforesaid, That on the first day of January of each year the money in the hands of the treasurer in the City Court Fund shall be placed in the general treasurer and reapportioned among the different funds, the City Court

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Fund to receive no part of said money in said reapportionment. Reapportionment of City Court Fund. Sec. 47. Be it further enacted by the authority aforesaid, That no case now pending in the civil division of the Superior Court of Rockdale County wherein the amount involved is within the jurisdiction of the city court shall be transferred to said city court unless all parties thereto agree to such transfer. Transfer of cases pending. Sec. 48. Be it further enacted by the authority aforesaid, That should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal and unconstitutional shall remain in full force and effect. Unconstitutional sections not to affect other sections. Sec. 49. Provided that this Act shall not become operative or take effect until the first day of January 1926. Effective Jan. 1, 1926. Sec. 50. Be it further enacted by 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, 1925. DANIELSVILLE CITY COURT ESTABLISHED. No. 60. An Act to create the City Court of Danielsville, in and for the County of Madison; to define its powers, jurisdiction and procedure; to provide for a Judge, Solicitor, and other officers of said court; to provide for compensation of said officers, and a place for holding said Court; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. That the City Court of Danielsville is hereby

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created and established, in the City of Danielsville, in the County of Madison, with jurisdiction of the County of Madison, concurrent with the Superior Court, to try and dispose of all civil cases where the amount involved is more than fifty dollars, except in those cases over which exclusive jurisdiction is vested in other courts by the Constitution of this State; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in Madison County. Court established. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, That the jurisdiction herein conferred shall include not only suits by petition and process, but all other suits and proceedings jurisdiction of which is not vested exclusively in other courts, such as attachment and garnishment proceedings, claims to personalty, illegalities, and counter affidavits to any proceeding in said court, proceedings against intruders and tenants holding over, issues upon distress warrants, trover and bail trover, foreclosure of liens and mortgages on personalty; and the Judge of said court shall have the power to issue writs of habeas corpus and hear and determine the same with the same power of Judges of the Superior Courts. Same subject. Sec. 3. Be it further enacted by the authority aforesaid, That the regular terms of said City Court of Danilesville shall be held quarterly on the third Monday in January, the third Monday in April, the third Monday in July and the third Monday in October of each year. The Judge of said court shall have power to hold said court in session from day to day, to adjourn the same over in his discretion, or to convene and hold such special terms as in his judgment the exigencies of the case may require. That the first term of said court under this Act shall be held on the third Monday in October 1925. Terms of Court. Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court of Danielsville, who shall be appointed by the Governor,

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and whose term of office shall expire on January 1st, 1929, or when his successor is appointed and qualifies. His successor shall be appointed by the Governor and shall hold office for a term of four years. All vacancies shall be filled by appointment by the Governor for the unexpired term. He shall receive a salary of one thousand dollars per annum, which shall not be increased nor diminished during his term of office, and shall be paid monthly by the Commissioner of Roads and Revenues or other official or officials of Madison County in charge of county funds. Judge. Appointment. Term of office. Compensation. Sec. 5. Be it further enacted by the authority aforesaid, That no person shall be elligible for appointment to said office of Judge unless he shall have resided in Madison County for five years immediately preceding his appointment, shall be at least twenty-eight years of age, and shall have practiced law for five years. Upon assuming the duties of 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 right to 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 Danielsville according to the best of my ability and understanding and agreeably to the Constitution and laws of this State and of the United States, so help me God. Which oath shall be filed with the Executive Department. Eligibility. Oath. Sec. 6. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court, appointed by the Governor, whose term of office shall be the same as that of the Judge of said court, or until his successor is appointed and qualifies. All vacancies shall be filled by appointment by the Governor for the unexpired term. He shall receive a salary of seven hundred and fifty dollars per annum, payable monthly, which shall be paid by the Commissioner of Roads and

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Revenues or other official or officials in charge of the funds of Madison County. He shall at the time of his appointment have been a resident of Madison County for five years, and shall have practiced law for three years, and shall be at least twenty-five years of age. Before entering upon the discharge of his duties of his office he shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially and without favor fear or affection, discharge my duties as Solicitor of the City Court of Danielsville, so help me God, in addition to the usual oath required of civil officers. He shall give bond with good security in the sum of five hundred dollars, conditioned for the faithful performance of his duties, payable to the Governor, and approved by the Judge and said Bond and oath shall be entered upon the minutes of the court. In any case in which the Solicitor shall be disqualified to prosecute, or for any reason fails to appear for the discharge of his duties, the Judge shall in his discretion appoint a solicitor pro tem. For representing the State in each case carried to the appellate courts he shall receive the same compensation as now paid by the State to Solicitors-General for like service, to be paid by the State in the same manner as the Solicitors-General are paid. Solicitor. Appointment, term, vacancies. Salary. Eligibility. Oath. Bond. Disqualification. Cases in appellate courts. Sec. 7. Be it further enacted by the authority aforesaid, That the clerk of the Superior Court of Madison County shall by virtue of his office be clerk of the City Court of Danielsville and his official title shall be Clerk of the City Court of Danielsville. Before entering upon the duties of his office he shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of the court, and give bond with good security in the sum of one thousand dollars, payable to the Governor, which bond shall be approved by the Judge of said Court. The fees of said Clerk shall be the same as those allowed by law to the Clerk of the Superior Court for similar services; and for regular attendance on the City Court he

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shall receive the same pay as allowed for attendance on Superior Court, to be paid him in the same manner as Superior Court Clerks are paid. Clerk. Oath and bond. Fees. Sec. 8. Be it further enacted by the authority aforesaid, That the sheriff of Madison County, shall, by virtue of his office, be sheriff of the City Court of Danielsville, and his official connection with said court shall be known as the sheriff of the City Court of Danielsville. Before entering upon the discharge of his duties of office, he shall take and subscribe an oath to faithfully and impartially discharge the duties of his office, in addition to the usual oath required of civil officers, and give bond with good security payable to the Governor and approved by the Judge of said court in the sum of two thousand dollars conditioned for the faithful discharge of his duties of office; he shall have power to appoint a deputy who shall take the same oath, and give a like bond in the sum of two thousand dollars. Said Sheriff shall receive the same fees as are allowed the sheriff of Madison Superior Court for like services; and for attendance on the regular terms of said city court he shall receive the same pay, to be paid to him in the same manner as now allowed him as sheriff of the Superior Court of Madison County. He may, with the approval of the Judge of said court, appoint one or more bailiffs at each term of said court, whose compensation shall be two dollars per day. Sheriff. Oath and bond. Fees. Bailiffs. Sec. 9. Be it further enacted by the authority aforesaid, That all duties and liabilities attached to the offices of Clerk and Sheriff of the Superior Courts shall attach to the office of Clerk and Sheriff, respectively, of the City Court of Danielsville, and that the Judge of the City Court of Danielsville is empowered to exercise the same authority over the clerk and sheriff of said city court as Judges of the Superior Courts exercise over clerks and sheriffs of their courts. Duties and liabilities. Sec. 10. Be it further enacted by the authority aforesaid, That said clerk and sheriff shall have the same

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remedies to enforce collection of their fees and costs as the clerks and sheriffs of Superior Courts. That their costs and fees in criminal cases shall be paid out of the funds arising from fines and forfeitures in said court. All fines and forfeitures shall be collected by the sheriff, who shall immediately turn the same over to the clerk, who shall keep an accurate record showing all money collected, the source from which collected, and the costs accruing in each case. That at the end of each term the clerk shall prepare a copy of the foregoing, itemized, and furnish a copy to the Commissioner of Roads and Revenues; and shall turn over to said Commissioner the remainder, if any, of the funds derived from said sources, after paying all costs and fees, including insolvent costs, of the clerk, sheriff, and magistrates and constables; such remainder to be placed by the Commissioner in the general funds of the county. Collection of fees and costs. Sec. 11. Be it further enacted by the authority aforesaid, That the sheriff of said City Court shall be competent to serve criminal warrants anywhere within the limits of the county of Madison, and to serve and execute all processes, summons, and other papers originating in or returnable to the City Court of Danielsville in the same manner and under the same rules and regulations governing sheriffs of Superior Courts in serving Superior Court papers. Service of warrants, summons, etc. Sec. 12. Be it further enacted by the authority aforesaid, That suit in said City Court shall in all respects conform to the laws governing proceedings in Superior Courts, except as herein provided; the process to writs shall be annexed by the clerk of said court, shall be attested in the name of the Judge thereof and be directed to and served by the sheriff of said court or his deputy, and all executions issuing from said court shall be attested in the name of the Judge, signed by the clerk, and directed to the sheriff or his deputies and to all and singular the sheriffs and their deputies of this State. Procedure.

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Sec. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to filing, pleading and practice, attachment, garnishment, making parties; suits against joint promissors, joint obligors, co-partners or joint tresspassers; executions, sales, orders of the Judge, contempt of court; writs of error, new trials; and other matters pertaining to the trial of cases in said city court, the general laws governing Superior Courts shall be applicable, unless inconsistent with this Act, or otherwise specifically provided by this Act. General laws applicable. Sec. 14. Be it further enacted by the authority aforesaid, That the Judge of said city court may hear and determine all civil cases of which said court has jurisdiction and give judgment thereon; provided that either party shall be entitled to a trial by jury in said court upon entering a demand therefor either by himself or attorney. Hearings. Demand for jury trial. Sec. 15. Be it further enacted by the authority aforesaid, That said city court shall be a court of record and shall have a seal, and the minutes, dockets, and other books of record that are by law required by law to be kept by the Superior Courts shall be kept in and for said city court, and all laws applicable to the duties of the sheriff and clerk of the Superior Courts shall apply to the said officers of said city court, except where otherwise provided in this Act. Court of record. Sec. 16. Be it further enacted by the authority aforesaid, That the Judge of said city court shall have the same power to enforce his orders, judgments, punish for contempt, and perserve order as is vested in Judges of the Superior Courts. Enforcement of orders. Sec. 17. Be it further enacted by the authority aforesaid, That the traverse jurors in said city court shall be procured in the following manner: The clerk of said city court shall provide a city court jury box similar to the traverse jury box of the Superior Court, and shall

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write upon separate pieces of paper the names of each person upon the traverse jury list of the Superior Court, and shall place said names in the city court jury box, from which shall be drawn the traverse juries to serve in said court. All laws with reference to the drawing, summoning and empaneling traverse jurors in the Superior Court shall apply to said city court; and the Judge shall have the same power to summon tales jurors for the city court as Superior Court Judges have for the Superior Court; 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 Superior Court jurors are, or may hereafter be paid. Traverse jurors. Sec. 18. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, challenging, and fining jurors, now of force or hereafter enacted regulating the same in Superior Courts, shall apply to and be observed in said city court, except when inconsistent with this Act; and in all cases where issues are to be tried by a jury the parties shall be entitled to a full panel of twenty-four from which to strike; and in civil cases each party shall have six peremptory challenges, and in criminal cases the defendant shall have seven peremptory challenges and the State five, and all laws governing the selection of juries in the Superior Courts shall apply to the said city court, unless inconsistent with this Act; provided the Judge may in his discretion, draw only twenty-four regular jurors to serve at each term. Qualifications, challenges, fines. Sec. 19. Be it further enacted by the authority aforesaid, That all civil and criminal cases the issue of which is submitted to a jury shall be tried at some term of said court provided by this Act; and all criminal cases in which the defendant waives trial by jury shall be tried and determined by the Judge, either during or between terms; and said court shall be open for trial of such criminal cases at all times. Trials.

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Sec. 20. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court may be tried on written accusation, founded upon affidavit signed by the prosecutor, setting forth plainly and distinctly the offense charged with the same particularity both as to form and substance, as is required of indictments in the Superior Courts, which accusation shall be signed by the prosecuting officer of said city court. Accusations in criminal cases. Sec. 21. Be it further enacted by authority aforesaid, That at the close of each term the Judge of the Superior Court of Madison County shall, in his discretion, send down from the said Superior Court to said city court for trial and final disposition any indictments and presentments for misdemeanors, and the order transmitting such cases shall be entered on the minutes of each court. If for any reason said order is not taken at the close of the term the same may be taken and transmitted during vacation. In all cases in which a final conviction results and a fine is imposed and paid the Solicitor General of the Northern Circuit shall be paid his accrued costs by the clerk of the city court upon collection of such fine. Indictments and presentments in misdemeanor cases. Sec. 22. Be it further enacted by the authority aforesaid, That when the Judge of said city court is disqualified or absent, the Judge of the Superior Court of Madison County or any city court Judge may preside, provided his services can be secured; or, in case of disqualification, upon consent of the parties, or upon their refusal or failure to agree the case shall be tried by a Judge pro hac vice selected in the same manner as now provided for in the Superior Courts. Disqualification of Judge. Sec. 23. Be it further enacted by the authority aforesaid, That when defendants in criminal cases are convicted and turned over to the Commissioner of Roads and Revenues of said county, or to other properly constituted authority to be worked upon the public works of said

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county, they shall pay over to the clerk of said city court all costs accured and due to the clerk and sheriff of said court and justices of the peace and co[UNK]nstables, in each case. Payment of costs by convicts. Sec. 24. Be it further enacted by the authority aforesaid, That the Commissioner or Roads and Revenues, or other official or officials of Madison County in charge of county matters, shall provide the necessary books for the keeping the dockets, minutes, and records of said city court, and all books, paper and stationery necessary to run said city court, and shall furnish officers of said city court with rooms in the court house, and that said city court shall be held in the court house of Madison County. Books and records. Sec. 25. Be it further enacted by the authority aforesaid, That the Judge of said city court shall appoint a stenographer of said court, and all civil cases may be reported at the request of the parties, and the fees allowed shall be the same as allowed in the Superior Courts, to be paid equally by the parties; and in the final disposition of the case to be taxed against the losing party as other costs, said stenographer shall have the same rights and remedies to enforce collection of his fee as the stenographer of the Superior Court. In the discretion of the Judge of said court, the said stenographer may take the testimony and court's charge in any or all criminal cases in said court, and his fees shall be ten dollars per day to be paid out of the general funds of the county, on the certificate and order of the Judge. Stenographer. Sec. 26. Be it further enacted by the authority aforesaid, That the justices of the peace and notaries public in said county shall bind over to said city court all persons charged with offenses committed within the limits of Madison County over which said city court has jurisdiction, there to answer to said offenses. Persons bound over. Sec. 27. Be it further enacted by the authority aforesaid, That the Judge of said city court shall have power

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and authority to attest deeds, affidavits and other papers requiring an attesting official, to issue criminal warrants; and to sign, attest and issue all orders, process, executions, and other papers when necessary, originating in this court; to cause to be taken and perpetuated de bene esse testimony within his jurisdiction; and all laws relating to the powers and authority of Judges of the Superior Courts shall apply to the Judge of said city court in so far as they may be applicable, unless otherwise provided herein. Miscellaneous powers of Judge. 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 July 27, 1925. DAWSON CITY COURT, ELECTION TO ABOLISH. No. 351. An Act to repeal an Act passed in 1898 by the General Assembly of Georgia, published in Georgia Laws of 1898 beginning on page 310 and ending on page 321, and all amendments thereto and entitled as follows: An Act to establish the City Court of Dawson in and for the County of Terrell to define its jurisdiction and powers, to provide for the appointment of a Judge, solicitor and other officers thereof and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court and for other purposes, 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 an Act passed in 1898 by the General Assembly of Georgia, published in Georgia Laws of 1898 beginning on page 310 and ending on page 321 and all

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amendments thereto entitled as follows: An Act to establish the City Court of Dawson in and for the County of Terrell to define its jurisdiction and powers, to provide for the appointment of a Judge, Solicitor and other officers thereof and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court and for other purposes be and the same is hereby repealed and all the business of said City Court of Dawson is hereby transferred to the Superior Court of Terrell County. All processes, mesne and final, returnable to said City Court of Dawson shall, on and after the date this Act takes effect, be returnable to the Superior Court of Terrell County. All books and papers attaching to the officers of said court shall be transferred to like officers of the Superior Court aforesaid and in all other respects the Superior Court of Terrell County shall on and after the date this Act takes effect stand substituted for said City Court of Dawson. This Act to take effect January 1, 1926. Act of 1898 repealed. Processes, etc., returnable to Terrell Superior Court. Sec. 2. The provisions of this Act shall not become effective until the same shall have been submitted to the qualified voters of Terrell County at a special election to be held for that purpose. Said election shall be called by the Ordinary of said county within sixty days after the passage of this Act, at which election all qualified voters of said county may vote. The managers of said election shall be appointed by the Ordinary and said election held under the rules as governing elections for members of the General Assembly. The returns of said election shall be made to the Ordinary of said county and the results thereof by him declared. Should a majority of the voters vote in favor of abolishing said court, the court shall be abolished and this Act be of full force and effect. If a majority shall not vote in favor of abolishing said court, this said bill shall not be effective and shall be declared to be of no force or effect. Referendum.

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All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1925. DECATUR CITY COURT SALARIES. No. 208. An Act to amend an Act entitled an Act to Create and establish the City Court of Decatur; to define the jurisdiction thereof; to fix the terms of said court, and to prescribe the practice and methods of procedure therein; to provide for the appointment of the Judge and Solicitor of said court, and for other purposes, Approved August 16, 1922, by striking the words three thousand from line twelve of Section 14 of said Act, and inserting in lieu thereof the words four thousand, five hundred and by striking the words two thousand from line eleven of Section 15 of said Act, and inserting in lieu thereof the words three thousand, five hundred, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act that the Act of the General Assembly of Georgia, approved August 16, 1922, pages 248 to 254, inclusive, creating the City Court of Decatur, in the County of DeKalb, be and the same is hereby amended by striking the words three thousand from line twelve of Section 14 and inserting in lieu thereof the words four thousand, five hundred so that said section, when so amended, shall read as follows: Act of 1922 amended. Section 14. Be it further enacted, That the Judge of the said city court of Decatur shall be appointed by the Governor for a term of four years. He shall be at least twenty-eight years of age, shall have practiced law at least five years and resided in DeKalb County for one year prior to his appointment. He shall take and subscribe in substance the same oath of office as prescribed

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for Judges of the Superior Courts. He shall be invested with all the power and authority of Judges of the Superior Courts as to all matters, except such as are exclusively conferred upon the Judges of the Superior Courts by the constitution and laws of this State. Such Judge shall be paid a salary of four thousand, five hundred dollars per annum, payable monthly, out of the Treasury of DeKalb County by the officers of said county authorized to pay out the funds of said county. The salary of such Judge being an expense of said court. Sec. 14 read. Judge's salary. Sec. 2. Be it further enacted by the authority aforesaid, That said above recited Act approved August 16, 1922, be and the same is hereby further amended by striking the words two thousand from line eleven of Section 15 and inserting in lieu thereof the words three thousand, five hundred so that said Section, when so amended, shall read as follows: Sec. 15 amended. Section 15. Be it further enacted by the authority aforesaid, That the solicitor of said City Court of Decatur shall be appointed by the Governer for a term of four years. He shall be at least twenty-five years of age, shall have practiced law at least two years and resided in DeKalb County for one year prior to his appointment. He shall take the same oath of office in substance as is prescribed for Soliciter-General of this State. He shall represent the State and shall prosecute all criminal cases in said court and such as shall be carried to the court of appeals. He shall be paid a salary of three thousand, five hundred dollars per annum, payable monthly out of the treasury of DeKalb County by the officers authorized to pay out the funds of said county. The salary of such Soliciter being an expense of said court. To be read. Solicitor's salary. 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, 1925.

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DUBLIN CITY COURT; SHERIFF'S OFFICE ABOLISHED. No. 64. An Act to amend an Act creating the City Court of Dublin; and amendatory Acts thereof; and specially that Act of Georgia laws of 1904, page 140 Section 3, pertaining to the Sheriff of said City Court of Dublin; so as to provide that the office of Sheriff of the City Court of Dublin shall be abolished; and provide instead that the Sheriff of Laurens County shall be ex-officio Sheriff of the City Court of Dublin; and for other purposes. Section 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 known as an Act amending an Act creating the City Court of Dublin and found on page 140 of Georgia laws of 1904, and specially Section 3 of said Act pertaining to the Sheriff of said Court, be and the same is hereby amended by repealing the last four lines of said section of said Act which reads as follows: The Sheriff of the Superior Court of Laurens County shall be ineligible to hold the office of Sheriff of the City Court of Dublin during his term of office as said Sheriff of the Superior Court of Laurens County. Act of 1904 amended. Sec. 2. Be it further enacted by the authority aforesaid, that from the day of the passage of this Act that the office of Sheriff of the City Court of Dublin be and the same is hereby abolished, and that the Sheriff of Laurens County for the remainder of his term of office shall be ex-officio Sheriff of the City Court of Dublin, and thereafter the Sheriff of Laurens County shall be ex-officio Sheriff of the City Court of Dublin. And whenever under the original Act creating the City Court of Dublin, and all Acts amendatory thereof any duty is imposed upon the Sheriff of the City Court of Dublin the same shall hereafter beimposed on the Sheriff of Laurens County, and

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all things required to be done by the Sheriff of the City Court of Dublin heretofore shall hereafter be done by the Sheriff of Laurens County; he to be subject to all of the liabilities heretofore imposed on the Sheriff of said City Court of Dublin. Sheriff of Laurens to be ex-officio Sheriff of Dublin City Court. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved July 27, 1925. FLOYD CITY COURT JUDGE'S SALARY. No. 34. An Act to amend an Act creating the City Court of Floyd County, approved September 27, 1883, and the Acts amendatory thereof, particularly an Act approved August 18, 1919, fixing the salary of the Judge of said Court at twenty-five hundred dollars per annum, and fixing the salary of the Judge of said Court at three thousand dollars per annum, 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 the authority of the same, that, from and after the passage of this Act. an Act creating the City Court of Floyd County, approved September 27, 1883, and the Acts amendatory thereof, particularly an Act approved August 18, 1919, fixing the salary of the Judge of said City Court of Floyd County at twenty-five hundred dollars per annum, be and the same is hereby amended so as to fix the salary of said Judge at three thousand dollars per annum, the same to be paid monthly out of the Treasury of said Floyd County as is now prescribed by law. Acts od 1883 and 1919 amended. 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 is hereby repealed. Approved July 22, 1925.

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GREENVILLE CITY COURT; SALARIES AND FUNDS. No. 66. An Act to amend an Act creating the City Court of Greenville, approved December 13th, 1899, entitled An Act to establish the City Court of Greenville, in and for the County of Meriwether, to define its jurisdiction and powers, to provide for the election of a judge, solicitor and the appointment of other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes, and all amendments thereto, so as to provide for the salary of the judge and solicitor and for the distribution of all fines, forfeitures and such like funds arising in said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, that the Act creating the city Court of Greenville, as amended by Act approved August 20th, 1923, be amended by striking the words The judge of said City Court shall receive a salary of seven hundred fifty dollars per annum, which shall neither be increased nor diminished during his continuance, except to apply to subsequent term in office, in Section 2 of said Act, and inserting in lieu thereof the following words: The judge of said City Court shall receive from and after the passage of this Act, a salary of twelve hundred dollars per annum, so that said Section 2 of said Act creating said Court shall read as follows: Be it further enacted by the authority aforesaid, that there shall be a judge of said City Court who shall be elected by the qualified voters of said County of Meriwether, who shall hold his office for the term of four years, and if there should be a vacancy in the office of Judge, the Governor shall, by appointment, fill the same until the next regular election when the judge shall be elected to fill unexpired term, which

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election shall be held under the same rules as govern other elections; provided, that if said vacancy occurs within thirty days of the next general election, the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said City Court shall receive a salary of ($1,200.00) twelve hundred dollars per annum, and which shall be paid monthly by the treasurer of the County of Meriwether and it shall be the duty of the Commissioners of Roads and Revenues of said County, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. After the passage of this Act the judge and solicitor of said court shall be elected on the second Monday in January, 1924, at the same time the Commissioners of Roads and Revenues of Meriwether County are elected, and every four years thereafter on the second Monday in January when the said Commissioners of Roads and Revenues are elected. Acts of 1899 and 1923 amended. Sec. 2 read. Salary of Judge Sec. 2. Be it further enacted by the authority aforesaid that Section 42, as amended by an Act approved August 19th, 1918, be and the same is hereby amended by striking the entire section and inserting in lieu thereof the following: Act of 1918 amended. Section 42. Be it enacted by the authority aforesaid that all fines, forfeitures and such like funds arising from cases tried in said city court, and such like funds arising from any source in said court, shall be paid out by an order of the judge of said city court, which order shall be entered on the minutes of said court as follows: Twenty-five per cent. of same to the Clerk and Sheriff of said City Court pro rata upon their insolvent cost bill; fifty percent of same to the solicitor of said city court until such solicitor has received from such source in any one year the sum of nine hundred dollars, it being the intention of this Act to provide that said solicitor may receive from such fines and forfeitures fifty per cent. of same

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until his compensation or pay amounts to nine hundred dollars per annum from such sources, and after such solicitor has received from source in any one year the sum of nine hundred dollars for his services, he is to have no further compensation of pay directly or indirectly, either in the way of costs from such fines or for fees for service rendered, and the remaining twenty-five per cent. of such fines and forfeitures shall be paid into the county treasury of said county, and in addition thereto, after said solicitor has received in any one year from the sources aforesaid the sum of nine hundred dollars, then and after such event the fifty per cent. of such fines and forfeitures provided for such solicitor shall likewise be paid into the county treasury of Meriwether County; provided, that nothing herein shall be construed to repeal the law relative to the payment of insolvent cost bills of magistrates and constables as are now prescribed by the Code for the payment of such bills. Should the said funds arising from fines, forfeitures and such like funds at any time upon a division of same as above prescribed be more than sufficient to pay off the insolvent cost bills of said officers, then such excess shall be ordered paid into the county treasury. New see. 42. Fines and forfeitures, disposition of. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1925. JEFFERSON CITY COURT TERMS. No. 291. An Act to change the time of holding the City Court of Jefferson, in the County of Jackson, to make all proceedings therein returnable to and legal and binding for the terms of said Court as fixed in 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 passage of this Act, that the terms of the City Court of Jefferson, in the county of Jackson, shall be held quarterly, the terms beginning on the third Mondays in February, May, August and November of each year, respectively. Quarterly terms. Sec. 2. Be it further enacted, that all suits and actions, criminal cases, bills, writs and summons, subpoenas, bail bonds, scire facias, notices to bind for attorney's fees, mesne and final processes and all other proceedings of whatsoever kind or nature, now returnable or pending in said Court as the terms are now provided, shall hold good, be legal and binding, and relate to the terms of said court as fixed and provided for in this Act. Processes returnable or pending. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 18, 1925. LA GRANGE CITY COURT; CRIMINAL CASES. No. 91. An Act to amend an Act entitled, An Act to establish the City Court of LaGrange in Troup County; to define its jurisdictional 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 practicing and new trials therein, and for carrying cases direct from the said City Court to the Supreme Court by Bills of Exception or Writ of Error, approved December 19, 1899, and all Acts amendatory thereof so as to provide for the calling of criminal cases in the said City Court of LaGrange for trial in the order that same appears upon the criminal docket of the City Court of LaGrange, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act to establish the City Court of LaGrange referred to in the above caption, be and the same is hereby amended as follows: Act of 1899 amended. Sec. 2. Be it enacted by the authority aforesaid that it shall be the duty of the Judge of the City Court of LaGrange during the trial of criminal cases in said Court to call for trial said criminal cases in the order that same appears on the criminal docket of said City Court. The said Judge of said Court shall call for trial first, first cases appearing on the said criminal docket and shall then proceed as long as said Court continues to call for trial cases in the order that same appears upon said docket. Trial of cases in order of appearance on docket. Sec. 3. Be it further enacted by the authority aforesaid that when the said Judge calls the cases for trial in the manner above referred to, it shall be the duty of the said Judge to require an announcement of both the State and the defendant, and if a motion to continue is to be made by either side he shall require same made then, otherwise the cases shall proceed to trial. In the event any case is checked to a later day of said term of Court the Judge of said Court shall call said case or cases first on the date to which same have been checked. Motion to continue. Sec. 4. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict be and the same are hereby repealed. Approved July 29, 1925.

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LA GRANGE CITY COURT; PROCEDURE; SOLICITOR'S PRACTICE. No. 309. An Act to amend an Act entitled, an Act to establish the City Court of LaGrange, in Troup County; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof and to define their powers and duties; to provide for pleading and practicing and new trials therein, and for carrying cases direct from said City Court to the Supreme Court by bill of exceptions or writ of error, and for other purposes, approved December 19, 1899, and all Acts amendatory thereto so as to provide for the delivery to said court by the Justices of the Peace and Notary Publics who are ex-officio Justices of the Peace, and all other committing officers of Troup County of all commitments, and to provide for placing on the docket all cases by said clerk and the delivery of same to the Solicitor of the City Court of LaGrange, and to provide for the calling of said cases for trial in the order that same appears upon the docket of said court and to prohibit the solicitor of said court from practicing criminal law in any of the courts of this State, or the United States when the criminal offense charged was committed in Troupe 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 on and after the passage of this Act, the Act referred to in the above caption and all Acts amendatory thereof be and the same are amended as follows: Act of 1899 amended. Sec. 2. Be it further enacted by the authority aforesaid that all commitments in criminal cases made by the committing officers of Troup County, Georgia, to the City Court of LaGrange shall be filed by said committing officers or magistrates with the Clerk of the City Court of

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LaGrange who shall place the cases on the criminal docket of the City Court of LaGrange in the order in which same are filed in his office; then the commitment papers shall be delivered by the Clerk of the City Court of LaGrange to the Solicitor of the City Court of LaGrange who shall draw accusations based upon said commitments, and the cases shall then be disposed of as provided by the terms of the Acts of the Georgia Legislature approved on the 27th day of July, 1925, amending the Act creating the City Court of LaGrange. Commitments. Sec. 3. Be it further enacted by the authority aforesaid that the solicitor of the City Court of LaGrange shall not have authority to draw or prefer an accusation against any person in said City Court of LaGrange, unless and until the accused has either had or waived a commitment trial before some lawful committing officer, and the commitment has been filed with the Clerk of the City Court of LaGrange and docketed by the Clerk of the City Court of LaGrange as provided by the terms of this Act. Accusations. Sec. 4. Be it further enacted by the authority aforesaid that the Solicitor of the City Court of LaGrange on and after the passage of this Act shall not be permitted to practice criminal law in Troup County except as Solicitor of said City Court and it shall be unlawful for said Solicitor to defend any person in any of the courts of this State or of the United States when the defendant is accused of committing or alleged to have committed any criminal offense in Troup County, Georgia. Solicitor not to practice criminal law. Sec. 5. 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 20, 1925.

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LAKELAND CITY COURT ESTABLISHED. No. 417. An Act to establish the City Court of Lakeland, in and for the County of Lanier; to define its jurisdiction and powers; to provide for a judge, a solicitor and other officers thereof, and fix their compensation; to limit the expenses of said Court that it shall be self-sustaining, to regulate proceedings, pleadings, practice and new trials therein; to provide for direct bills of exception and writs of error therefrom to the Court of Appeals and Supreme Court of the State of Georgia; to provide that no person prosecuted in said City Court shall have the right to demand an indictment by the grand jury of said County; to provide for the transfer of civil cases now pending or hereafter filed in the Superior Court of Lanier County, which come within the jurisdiction of the City Court of Lakeland from said Superior Court to the said City Court of Lakeland by operation of law; to provide for the transfer of all misdemeanor cases not disposed of at the term of the Court at which indictments are returned in the Superior Court of Lanier County, from said Superior Court to the said City Court of Lakeland by operation of law; to submit this Act to a referendum vote before it becomes operative; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the City Court of Lakeland to be located at and in the County Seat, the City of Lakeland, in the County of Lanier, State of Georgia, be, and the same is hereby created and established with civil and criminal jurisdiction over the whole County of Lanier, concurrent with the Superior Court of the said County, to try and dispose of all civil cases of whatsoever nature, except those of which the Constitution of the State of Georgia has given to the Superior Court exclusive jurisdiction; that the jurisdiction herein conferred shall include

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not only ordinary suits by petitions and process, but also all other kinds of suits and proceedings which now, or may hereafter be in use in the Superior Court, either under the Common Law or by Statute, including among others, attachment and garnishment proceedings, illegalities, counter affidavits to any proceedings of said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages; that said City Court of Lakeland shall have jurisdiction to try and dispose of all criminal cases when the offense charged is below the grade of felony, and when committed in the County of Lanier. Court created and located. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, that there shall be a judge of the City Court of Lakeland, who shall be elected by the qualified voters of Lanier County, at an election held for that purpose as hereinafter provided. Who shall hold office for a term of four (4) years and until his successor is elected and qualified. Judge. Election. Term of office. Sec. 3. Be it further enacted by the authority aforesaid, that the Judge of the City Court of Lakeland shall be elected in the same manner as the Ordinary and other county officers of said County are elected; provided, that all vacancies in the office of said Judge of said City Court shall be filled by appointment by the Governor of Georgia for the residue of the unexpired term, and such appointment shall be subject to the approval of the Georgia State Senate then in session or next thereafterwards in session. Elections and vacancies. Sec. 4. Be it further enacted by the authority aforesaid, that the Judge of the City Court of Lakeland shall receive a salary of Nine Hundred ($900.00) Dollars per year, which shall be paid monthly, in equal installments, out of the City Court Funds subject to the limitations and provisions of this Act; said salary shall have priority over any other claims against said City Court Funds

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account. And said salary shall not be increased except upon the recommendation of a Grand Jury of said County, and approved by the County Commissioners thereof. Salary. Sec. 5. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of Judge of the City Court of Lakeland unless he be a bona fide resident of Lanier County on the date of his election and for one (1) year next preceding the date of the beginning of his term of office, and a licensed attorney-at-law; and 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 of persons, and do equal right to poor and rich, and that I will faithfully and impartially perform all duties which may be required of me as Judge of the City Court of Lakeland, Georgia, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the United States, so help me God. Said judge shall have the right to practice law in all courts of said State except the said City Court of Lakeland. Eligibility. Oath. Sec. 6. Be it further enacted by the authority aforesaid, that when the Judge of the City Court of Lakeland shall, for any cause, be disqualified to preside in any case pending therein, any judge of the Superior Court, or any judge of any City Court in this State, shall preside therein, and in case no qualified judge is present, then a judge pro hac vice may be selected to preside in such case, or cases, under the rules prescribed in the Superior Court of this State. Disqualification. Sec. 7. Be it further enacted by the authority aforesaid, that the Judge of the City Court of Lakeland, shall have the right and authority to issue criminal warrants to dispossess tenants holding over and intruders, to issue distress warrants, attachments, garnishments, to attest deeds, mortgages, take affidavits, to issue other writs, warrants, process. the power for which is not given exclusively

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to some other Court, Judge, or officer, by the Constitution of this State. Said Judge shall have the power to issue writs of habeas corpus, and to hear and determine and dispose of the same in the same way and with the same power as any judge of the Superior Courts. Said judge shall have the power to cause testimony to be taken and used in de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and generally to do which the judges of the Superior Courts and County Courts are authorized to do, and shall have authority and power as the Judges of the Superior Courts have, except where, by the Constitution of this State, exclusive power and authority is invested in Judges of Superior Courts; and laws relating to and governing the Judge of the Superior Court shall apply to and govern the Judge of the City Court of (Lakeland), in so far as the same may be applicable. Said Judge of the said City Court shall have the power to try all possesory warrants, preserve order, punish for contempt, and to enforce all his judgments in the same manner as the Judge of the Superior Court, and shall have the same jurisdiction in the matter of contempt as the Judges of the Superior Courts in this State. Said Judge shall have the same jurisdiction and authority within the limits of Lanier County as the Judge of the Superior Court, to hold courts of inquiry and to commit the defendants, assess bail et cetera. Said Judge shall also have power and authority to assess costs of Court against the prosecutor in any criminal case where the defendant is acquitted. Powers. Sec. 8. Be it further enacted by the authority aforesaid, that the Judge of said City Court shall have the power and authority to hear and determine all civil and criminal cases in which said City Court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil or criminal case pending in said court, upon demand, shall be entitled to a trial by jury under the Constitution and laws of this

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State, which demand shall be made in writing by the party or his attorney, on or before the call of the docket at the appearance term of the court in civil cases, and on or before the call of the case for trial in criminal cases, and in the absence of such demand such jury trial will be considered as having been waived. Hearing and judgment. Demand for jury trial. Sec. 9. Be it further enacted by the authority aforesaid, that there shall be a solicitor of the said City Court of Lakeland who shall be elected by the qualified voters of Lanier County at an election held for that purpose as hereinafter provided. Solicitor. Sec. 10. Be it further enacted by the authority aforesaid, that successors to the solicitor of said City Court, their term of office, the filling of vacancies in said office, and all matters relating thereto, shall be provided for and governed by the same provisions as set forth in this Act with reference to the office of Judge of said City Court. Vacancies. Sec. 11. Be it further enacted by the authority aforesaid, that the solicitor of said City Court shall receive the same fees as are now allowed by law to solicitors-general of this State for similar services in the Superior Courts of this State, to be paid out of the City Court Funds, monthly, subject to the limitations and provisions herein-after set forth. That the said solicitor shall receive for his services in the Court of Appeals and Supreme Court of Georgia, the same fees as the solicitor-general of the Superior Courts of this State are paid for like services, the same to be paid out of the State Treasury in the same manner in which said solicitors-general are so paid. paid. Fees. Sec. 12. Be it further enacted by the authority aforesaid, that any person to be eligible to the office of Solicitor of the City Court of Lakeland must, at the time of his election, be a resident of Lanier County, and shall have resided in said County for one (1) year next preceding the date of the beginning of his term of office, and shall be

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a licensed attorney-at-law. He shall take the oath of office required of the solicitors-general of the Superior Courts of this State, before entering upon his duties. He shall represent the State in all Committment hearings in said County; he shall prepare all accusations for the trial of offenses in said City Court of Lakeland, prosecute all offenses in said Court, and as far as applicable his powers and duties in said City Court shall be the same as the powers and duties of the solicitors-general in the Superior Courts. He shall represent the State in each case carried to the appellate court from said City Court. That, in the absence or disqualification of said solicitor of said City Court, the judge of said Court, shall appoint a solicitor pro. tem. to serve during the period of such absence or disqualification, and such appointee shall receive the same fees and be in every way subject to the same provisions as the duly elected or designated solicitor of said court. Eligibility. Disqualification. Sec. 13. Be it further enacted by the authority aforesaid, that there shall be a clerk of said City Court of Lakeland, who shall be the same person who is clerk of the Superior Court of Lanier County, provided that should said Superior Court Clerk fail or refuse to serve as said City Court Clerk, the Judge of said Court shall appoint a clerk of said city court, who shall serve during the term of office of the Judge so making such appointment. Said Clerk shall, before entering upon his discharge of the duties of his office take and subscribe to the same oath as is now required of Clerks of the Superior Courts, and the same shall be entered upon the minutes of said Court. Clerk. Sec. 14. Be it further enacted by the authority aforesaid, that the clerk of said City Court, shall receive for his services on the criminal side of said Court, such salary or fees as may be fixed by the Judge of said Court and approved by the Commissioners of said County; his duties relating to the records of the said City Court shall be the same as in the Superior Court; and the said Clerk

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is hereby entitled to the same civil fees and the same remedies to enforce the collection of his civil fees in said City Court as is provided in the Superior Courts of this State; provided, that his salary or fees for criminal work shall be subject to the provisions and limitations hereinafter provided, and shall be paid from the City Court Funds as hereinafter set forth. Compensation. Sec. 15. Be it further enacted by the authority aforesaid, that there shall be a Sheriff of said City Court of Lakeland, and that the Sheriff of Lanier County shall be ex-officio Sheriff of said City Court, and in his ex-officio connection with said Court shall be known and designated as the Sheriff of the City Court of Lakeland. Before entering upon the duties of said office he shall make and enter into a bond in the sum of One Thousand ($1,000.00) Dollars, to be approved by the Judge of said Court, conditioned upon the faithful performance of his duties as such Sheriff under the provisions of this Act. He shall have the same authority to appoint deputies and bailiffs as he now has, or may hereafter have, as Sheriff of said County in the Superior Court. Provided, that in the event of the failure or refusal of the said Sheriff to qualify or serve as Sheriff of said City Court, the Judge of said Court shall appoint a Sheriff for said Court, who shall serve and hold office during the term of the Judge so appointing him. Ex-officio Sheriff. Bond. Deputies and bailitis. Disqualification. Sec. 16. Be it further enacted by the authority aforesaid, that the Sheriff of said City Court shall receive for all criminal business prosecuted in said Court such salary or fees as may be fixed by the Judge of said Court and approved by the Commissioners of said County, provided that his salary or fees for criminal work shall be paid out of the City Court Funds in the manner hereinafter set forth, and shall be subject to the provisions and limitations hereinafter provided; his fees for civil matters shall be the same as in the Superior Courts. Compensation.

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Sec. 17. Be it further enacted by the authority aforesaid, that all duties and liabilities attached to the office of Clerk of the Superior Court and Sheriff of the Superior Court, of said County, shall be attached to the office of Clerk of the City Court of Lakeland, and Sheriff of the City Court of Lakeland, respectively, and the Judge of said City Court is empowered with the same authority over said officers of the said City Court, as the Judge of the Superior Court has over such officers of said Superior Court. Duties and liabilities. Sec. 18. Be it further enacted by the authority aforesaid, that there shall be a stenographer of the City Court of Lakeland appointed by the Judge thereof, who shall receive for his or her fees in all civil cases reported in said Court, the amount of fees allowed for like services in the Superior Courts, to be paid by the plaintiff and defendant equally. In criminal cases said stenographer shall receive for his fees in reporting and transcribing, three-fourths the amount of the fees allowed stenographers in the Superior Courts for like services, said fees to be paid out of the City Court Funds in manner hereinafter set forth, and subject to the limitations hereinafter provided. Said stenographer shall have the same duties and powers in said Court as stenographers of the Superior Courts have in that Court, and shall occupy the same relationship with respect to the officers of the City Court as Superior Court stenographers occupy with reference to the officers of the said Superior Courts. Stenographer Sec. 19. Be it further enacted by the authority aforesaid, that it shall be the duty of all committing officers and magistrates of Lanier County, in all instances where commitments are had and defendants held for trial in misdemeanor cases, to bind the defendant over to the City Court of Lakeland, and to the next regular term thereof ensuing such commitment, and the costs of all committing court officers, in all such cases, where the defendant is finally convicted or the case nol. prossed. upon payment

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of costs, shall be paid out of the City Court Funds in the manner hereinafter set forth and subject to the limitations hereinafter provided. In binding over a defendant it shall be the duty of such committing Court officer to certify on the back of the warrant whether or not the Solicitor of the City Court appeared and prosecuted such case, and where he has so appeared where the defendant is bound over, he shall be entitled to, and receive the sum of Seven and Fifty One Hundredths ($7.50) Dollars, to be paid from the City Court Funds the month following such appearance and committment, subject to the provisions and limitations hereinafter made. Commitments. Sec. 20. Be it further enacted by the authority aforesaid, that all fines, forfeitures, and costs from criminal business in said City Court shall be paid to the Sheriff of said Court, who shall instanter pay same to the Judge of said Court, taking his receipt therefor; it shall be the duty of the Judge of said Court to open an account with some bank in Lanier County styled City Court Funds Account, and to deposit all money received from the Sheriff of said Court to the credit of such account. Once each month, not later than the tenth (10th) day thereof, the Clerk of said City Court, the Sheriff, Solicitor and Judge thereof, shall meet and jointly determine the amount of salary or costs due each officer of said Court for the month preceding, and thereupon the said Clerk shall draw a warrant upon the depository of such City Court Funds Account payable to each officer thereof, for his respective costs. The warrant for the salary of the Judge of said Court shall be likewise drawn, and the costs of committing Court officers shall be likewise determined and paid. Provided, that in no event shall any officer of said Court, or committing Court officer be allowed or paid any costs whatsoever in any case where the defendant is acquitted, or the case is nol-prossed, without payment of costs; provided, that where the prosecutor has been assessed with the costs of such prosecutions and the

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same paid by such prosecutor, then said officers shall be entitled to receive fees in such cases; it being the object of this clause, that each case shall stand upon its own merit, and no insolvent costs be permitted to accrue in said Court. That in those cases where the defendant goes to the chaingang of said County, the County Commissioners of said County shall pay to each Court officer his respective costs in each case, same to be based upon a statement from the Judge of said City Court after determination thereof by the Court officers at a regular monthly meeting as hereinbefore provided, and such costs to be paid from the funds of the Treasury of Lanier County in the manner in which general or like bills against said County are so paid. That once each year, on January 1st thereof, the Account of the City Court Funds, together with its various officers, shall be audited by some competent person employed by the County Commissioners of said County, and the books of said City Court balanced for that year, and a statement of such balance published in the official organ of said county; whereupon the funds remaining to the net credit of the said City Court, shall be upon the warrant of the Clerk of said Court, paid into the Treasury of Lanier County. In no event shall the funds of the City Court be commingled with those of the County of Lanier, and said City Court shall stand upon its own basis as hereinbefore provided. Fines and forfeitures, disposition of. Sec. 21. Be it further enacted by the authority aforesaid, that the practice and procedure in the said City Court of Lakeland shall be in all respects the same as in the Superior Courts of the State of Georgia; the time of filing pleas, suits, answers, calling appearances docket, entering judgments in default, the rules of opening default judgments, time of hearing and disposing of demurrers, shall in all respects, where not inconsistent with this Act, be governed by the law fixing the practice and procedure in the Superior Courts. Provided, that when a plea to the merits is filed in any civil case and a trial

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by jury is demanded, same shall be calendared for trial at the next ensuing jury term of said Court. Procedure and practice. Sec. 22. 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, defences, set-off, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories or under subpoena, attendance of witnesses, continuances, or other matters of a judicial nature, within the jurisdiction of said City Court, shall be applicable to said Court, unless otherwise provided in this Act. It shall be competent to make additional parties in suit or proceedings in said City Court, where it is necessary to determine the rights of interested persons. Any defendants in any cause in said Court may set up equitable defenses, and it shall be within the power of said Court, in a proper case, to mould a verdict at law, so as to do equal justice to the parties, and in the same manner as a decree in equity, and the judgment and execution shall conform to the verdict. General laws applicable. Material parties. Equitable defenses. Sec. 23. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that there shall be, and is hereby established twelve regular terms of said City Court of Lakeland, each year, to convene monthly on the Third Monday in each month, and to continue in session, for the transaction of civil and criminal business by the said City Court, until the business is disposed of the Court sooner adjourned. Provided that only at the regular term of said Court in each of the four months, to-wit: Terms of Court. March, June, September and December, shall a jury be summoned for the trial of such issues and matters in those cases in said Court where trial by jury has been demanded, by either party under the provisions of this Act, and such quarterly terms shall be known as Jury Terms of said Court. Jury terms.

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Sec. 24. Be it further enacted by the authority aforesaid, that for the purpose of receiving pleas of guilty in criminal cases, and for the purpose of trying any criminal cases in said City Court in which the defendant requests trial by the Judge without the intervention of a jury, the Court shall at all times be open and authorized to hear and dispose of the same. It shall be the duty of the Judge to grant as speedy trial as circumstances will permit. Hearings by Judge of criminal cases. Sec. 25. Be it further enacted by the authority aforesaid that all processes, attachments, garnishments, and all orders or mandates of the Court, which are required to be served by the Sheriff of said Court upon either party, shall be directed To the Sheriff of the City Court of Lakeland, signed by the Clerk of said City Court, and attested in the name of the Judge of said Court, and served by the Sheriff of said City Court or his deputy. Service of processes, etc. Sec. 26. Be it further enacted by the authority aforesaid, that all judgments obtained in said City Court of Lakeland, shall be a lien upon all property of the defendant throughout the State of Georgia, and in the same manner as judgment of the Superior Court of this State; but all executions issuing from said Court shall be attested in the name of the Judge, signed by the Clerk of said Court or his deputy, and directed to the Sheriff or his deputies of said City Court and To all and singular the Sheriffs and their deputies of the State of Georgia. Judgment; lien on property of defendant. Sec. 27. Be it further enacted by the authority aforesaid, that said City Court of Lakeland shall have jurisdiction over all claim cases where personal property is levied on in the County of Lanier, and such claims shall be brought in the same manner as claims of like nature are brought in the Superior Courts of this State. That all claims to real property levied on under execution from said City Court of Lakeland shall be returnable to the Superior Court where such real property is situated, and shall then proceed as other claims to real property are tried. Claim cases involving personal property.

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Sec. 28. Be it further enacted by the authority aforesaid, that scire facias to make parties in any cause in said City Court shall be had as in the Superior Court; but such scire facias shall run throughout the State, and may be served by any Sheriff or his deputy. Scire facias. Sec. 29. Be it further enacted by the authority aforesaid, that said City Court of Lakeland, shall be a court of record, and shall have a seal, and the minutes, records, orders, dockets and other books and files, that are required by law and rules to be kept in the Superior Court; shall be kept in said City Court; and in the same manner; unless inconsistent with this Act; and it shall be the duty of the County Commissioners of Lanier County, to furnish the necessary books, dockets, files, et cetera, for said Court, the necessary equipment for the operation of said Court, and officers and supplies for its officers. Court of record. Sec. 30. Be it further enacted by the authoity aforesaid, that the judge of said City Court shall appoint Jury Commissioners for said Court in the same number, and manner as such commissioners are appointed by the judges of the Superior Courts and said Jury Commissioners shall, with the assistance of the Clerk of said City Court, make up and prepare a jury list and jury box for said Court, in the same manner as such jury list and jury box is prepared in the Superior Courts of Georgia. All laws with reference to the drawing, summoning and empaneling of traverse jurors in the Superior Court shall apply to the City Court of Lakeland in so far as the same is not inconsistent with this Act. All exemptions from jury duty, in so far as the same are applicable to said City Court, now in force in the County of Lanier, shall be of effect in said City Court, and that jurors be paid Three ($3.00) Dollars per diem, from the same source and in the same manner as traverse jurors in the Superior Court of Lanier County are paid, upon a warrant or script drawn by the Clerk of said City Court; and that all laws with reference to the qualifications, relationship,

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empaneling, striking, and challenging of jurors, now of force in this State, or hereafter enacted by the General Assembly of Georgia, regulating the same, in the Superior Courts, shall apply to and be observed in said City Court, except where inconsistent with this Act. Jury Commissioners. Empaneling, challenging, etc. Sec. 31. Be it further enacted by the authority aforesaid, that twenty-four jurors shall be drawn and summoned as above provided, and shall be empaneled in all cases, civil or criminal, and trial by a jury of twelve men shall be had in said Court, when so demanded as hereinbefore provided; a jury shall be selected as follows: In civil cases each side to have six strikes; and in criminal cases the defendant to have seven strikes and the State five strikes. And the judge of said City Court of Lakeland shall have the power to summons or cause to be summoned as many talis-jurors instanter as he may deem expedient and necessary. During each quarterly term of said Court, the presiding judge shall in open court draw from the jury box of said Court the names of twenty-four jurors, who shall compose and constitute the jury for the next quarterly term thereof. Panels of juriors Sec. 32. Be it further enacted by the authority aforesaid, that it shall be the duty of the Clerk of said City Court, to issue and deliver to the Sheriff of said Court or his deputy, a precept containing the names of the persons drawn as jurors for the ensuing term of said court, and upon receipt of said precept, said sheriff or his deputy shall cause the persons whose names are written therein to be served personally, or by leaving a copy of the summons at their most notorious place of abode, at least five (5) days prior to the term of court the jurors were drawn to attend. Service of jury summons. Sec. 33. Be it further enacted by the authority aforesaid, that the incidental expenses of said City Court shall be paid in the same manner as such expenses are paid in the Superior Court. Incidental court expenses.

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Sec. 34. Be it further enacted by the authority aforesaid, that witnesses in civil and criminal cases in said City Court shall receive the same pay from the same source and in the same manner as witnesses in the Superior Court, provided, that resident witnesses living in Lanier County, and whose residence is outside the corporate limits of Lakeland, shall be paid the sum of One ($1.00) Dollar per day in the same manner as above provided. Compensation of witnesses. Sec. 35. Be it further enacted by the authority aforesaid, that when on investigation of a case in said court on accusation it develops that the offense appears to be a felony, the trial shall be suspended and the defendant be committed or bound over to the next term of the Superior Court of Lanier County. And where, in the trial of any misdemeanor case in said court, it develops that a felony has been committed additional to such misdemeanor, it shall be the duty of the judge of said court to bind the defendant over to the next term of the Superior Court of said county (upon such felonious charge or charges, independent of the outcome of such misdemeanor case so tried; and in each case in which defendants are bound over by such judge, the solicitor of said City Court shall receive the sum of Seven and Fifty One-hundredths ($7.50) Dollars as hereinbefore provided for appearance in commitment hearings, same to be attached as other costs in said case. Commitments in felony cases. Sec. 36. Be it further enacted by the authority aforesaid, that any writ or process of said City Court to be served in any other county than Lanier County, shall be served by the same officers of the county of service as serve Superior Court processes and parties out of the State may be served as in the Superior Court. Writs served outside Lanier County. Sec. 37. Be it further enacted by the authority aforesaid, that all suits against joint-obligors, joint-promisors, co-partners, or joint trespassers, in which any one or more reside in the county of Lanier, may be brought in

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said City Court, within its jurisdiction under the same rules and regulations governing such cases in the Superior Court, mutatis mutandis, as to copies, second originals, return, and other matters connected with the suit. Suits against co-partners. Sec. 38. Be it further enacted by the authority aforesaid, that from and after passage of this Act, judgments may be taken at the appearance term in all suits based upon promissory notes stipulating for attorney fees, when the statutory notice has been given, for principal, interest and attorney fees; unless there is a defense filed in said suit. In the event a defense is filed same shall stand for trial at the next regular term of said Court, unless a jury trial is demanded thereon, in which event such case shall stand for trial at the next jury term of said Court. Judgments at appearance term. Sec. 39. Be it further enacted by the authority aforesaid, that the defendant in criminal cases in said City Court of Lakeland shall be tried upon written accusation, setting forth plainly the offense charged, upon an affidavit made by the prosecutor, and shall be signed by the solicitor or solicitor pro. tem. of said court; provided, that the solicitor of said City Court shall, if it comes to his knowledge that a misdemeanor has been committed within the County of Lanier, and no person comes forth to prosecute the same, sign up an accusation charging the offender with such misdemeanor and the trial thereon shall be the same as on an accusation sworn out by a person who is a prosecutor, and such solicitor is hereby given the authority and power, and it is hereby made his duty, to have summoned witnesses against such an offender, and in all respects said trial shall be as on an accusation sworn out by a person who is a prosecutor. Upon said affidavit being made and filed in the Clerk's office of said Court, or such preferred accusation made by the solicitor of said Court, as herein provided in this section, it shall be the duty of the judge of said court to issue a warrant for the apprehension and arrest of the defendant, directed to the sheriff of the City Court of Lakeland, or his deputy,

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and to all and singular the sheriffs and constables of said State. In all criminal cases within the jurisdiction of said City Court, the defendants shall not have the right to demand an indictment by the grand jury of Lanier County; the judge of said court may inquire of a defendant whether he demands a trial by a jury, and the response of the defendant shall be endorsed on the back of said accusation. A plea to the accusation shall, be a waiver of jury trial unless jury trial has been demanded in writing as hereinbefore provided. If a defendant fails to demand trial by a jury, or waives the same by pleading, he shall not have the right thereafter to recall such waiver, his failure to demand being hereby declared to be a waiver. Said waiver being made, the judge of said city court, may in his discretion proceed to try the defendant without a jury and enter up judgment, just as though the defendant was tried by a jury, which judgment and sentence of said court shall be just as binding as though a jury had found the defendant guilty. If a jury trial is demanded by the defendant, said jury trial shall be had in the manner set out in this Act. Should said defendant not be tried at such term of said court, bond and security may be allowed him to such term of court as the judge thereof may direct; the amount of said bond to be fixed by the court. The aforesaid accusation shall conform as to matters and substance with the rules of criminal pleading which prevail in the Superior Court, provided however, that said accusation shall be amendable at any stage of the trial until said accusation shall be legally sufficient, and the same shall not be dismissed or quashed upon a mere technicality; and provided further that defendants may be tried in said court upon indictments or presentments properly transferred to said court as hereinafter provided. Accusation in criminal cases. Waiver of jury trial. Hearing and judgment. Demand for jury trial. Sec. 40. Be it further enacted by the authority aforesaid, that the Clerk of the Superior Court of Lanier County, shall, in term of vacation, transmit to said City Court of Lakeland for trial and final disposition, all presentments

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sentments and bills of indictments found by the Grand Jury of said County, for offense within the jurisdiction of said City Court, which remain un-disposed of at the end of the term of the Superior Court at which they are so returned by such grand jury, such cases being hereby transferred by operation of law, the transfer of such cases to be entered of record on the minutes of both courts. All bonds returnable to the Superior Court shall follow the case to the City Court of Lakeland, when so transferred, and the defendant in such cases shall be bound to appear at said City Court at its first jury term convening after such bill is transferred, and from term to term and from day to day thereafter until said indictment shall be disposed of. It shall be the duty of the Clerk of the City Court aforesaid to notify the defendant and his bondsmen in each case so transferred, by written or personal notice, of the transfer of such case to said City Court, which notice shall be given immediately following the entry of transfer of such case. All laws with reference to indictments in the Superior Court are hereby made applicable to such aforesaid transferred indictments, and the aforementioned accusations in said City Court, except where inconsistent with this Act. Presentments and indictments transferred. Sec. 41. Be it further enacted by the authority aforesaid, that the judge of said City Court shall have power to grant a new trial in any case, upon the same grounds and conditions, laws and regulations governing the granting of new trials in the Superior Court. All rules of pleading, practice and procedure governing motions, rules nisi and other proceedings in regard to new trials in the Superior Court, shall apply to and govern the same in the said City Court. When a criminal case is tried by the judge of said court without a jury at any session of said court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said City Court within five (5) days after the rendition of the judgment complained of, and not afterwards unless for good cause in the sound legal discretion

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of the judge, further time may by order be granted by the judge of said Court. In other respects such motions shall be governed by the general rules aforesaid. Exceptions shall be had from said Court direct to the Court of Appeals and Supreme Court of Georgia. New trials. Sec. 42. Be it further enacted by the authority aforesaid, that writs of error shall be had from said City Court of Lakeland, direct to the Court of Appeals of Georgia and the Supreme Court of this State, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error in filing of bills of exceptions in the Superior Courts of this State, or the Supreme Court. Writ of Error. Sec. 43. Be it further enacted by the authority aforesaid, that all civil cases within the jurisdiction of said City Court of Lakeland, now pending in the Superior Court of Lanier County, or which may be hereafter filed in said Court undisposed of, shall be, and the same are hereby transferred form said Lanier Superior Court to the City Court of Lakeland by operation of law, and it is hereby made the duty of the Clerk of the said Superior Court to transfer all such cases, together with the pleadings and records therein, to the clerk of the said City Court of Lakeland, and it is made the duty of the said clerk of the said City Court to notify all parties, witnesses and attoneys in such transferred cases, of the transfer of same and the term of trial thereof in said City Court: a proper entry of such transfer shall be made upon the minutes of both of the said courts, and proper order entered by the respective judges thereof. Such transferred cases shall stand for trial at the next regular Jury Term of said City Court following such transfer. All bonds, and recognizances connected with such cases shall follow them and be of full force and effect in said City Court of Lakeland as though originally executed to that court. The Judge of the Superior Court aforesaid is hereby directed to, at any time upon the motion of either party, or

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upon his own motion, transfer, by proper order entered upon the minutes of such court, any case brought to the Superior Court of Lanier County, in which the City Court of Lakeland has concurrent jurisdiction, from the said Superior Court to the said City Court for trial and disposition. Civil cases pending, transfer of Secs. 44 and 45. Be it further enacted by the authority aforesaid, that immediately upon the approval of this Act, as hereinafter provided, the officers provided for shall immediately after their election qualify by the taking of such oaths, making of such bonds, and otherwise, as provided in this Act, and thereupon said City Court of Lakeland shall be, and the same is hereby declared to be, organized for the performance of the duties and otherwise carrying out the provisions and powers in this Act created and given. Court organized on approval of this Act. Sec. 46. Be it further enacted by the authority aforesaid, that, if for any reason any section, provision, clause, sentence, phrase, word, 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 section, provision, clause or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause or part so held to be invalid. Unconstitutional provisions not to affect other sections. Sec. 47. Be it further enacted by authority aforesaid, That after the passage of this Act and the approval thereof by the Governor, the same shall not become operative until such time as fifty (50) qualified voters of Lanier County shall file with the Ordinary of said county a call for an election to determine whether same shall or shall not become effective, and an election is hereby called for determining said question, on the Tenth (10th) day following the date of filing such request, providing said Tenth (10th) day does not fall on Sunday or a legal holiday in which event said election is hereby called in the

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Eleventh (11th) day following the filing of said request. Notice of said election shall be posted by those calling same, in the name of the Ordinary, or by said Ordinary, in at least three public places in each of the Militia Districts of said County, not less than five (5) days before the date of said election. Those voting in favor of this Act becoming effective shall have written or printed on their ballots For City Court of Lakeland, and those voting against this Act becoming effective shall have written or printed on their ballots Against City Court of Lakeland. If a majority of the voters voting in said election shall vote in favor of said City Court, that is for For City Court of Lakeland, then this Act shall automatically become in full force and effect. The consolidated returns of said election when so held shall be conclusive and final for the determination of said issue. Said election shall be held by the same persons and under the same rules and regulations, and at the same voting precincts as elections for members of the General Assembly; and the Board of Registers of said County, or a majority thereof, shall file with the election holders, on or before the date of said election, a list of those qualified under the law to vote in said election, and such list shall be conclusive on the question of those qualified to vote in said election. The election returns shall be consolidated at the County Site by noon of the day following the election, the election holders of each precinct being represented in said board of consolidation, and the result of said election shall by said election boad be declared, proclaimed and published in the official organ of said county. Should a majority of those voting in said election vote For City Court of Lakeland, then and in that event this Act shall become immediately operative and effective; and in such event an election is hereby called on the thirty-fifth (35th) day ensuing the publication of the results of the election determining whether or not this Act shall become operative, provided said 35th day does not fall on Sunday or a legal holiday, in which event

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same shall be held on the thirty-sixth (36th) day ensuing such publication and at which election a Judge and Solicitor for said City Court shall be elected, under the same rules, regulations and restrictions as govern the election of members of the General Assembly, subject to the provisions of this Act. The board of Consolidation of the election returns for Judge and Solicitor of said City Court shall certify the results of said election to the Governor of Georgia, upon the receipt of which the Governor shall instanter issue commissions to those candidates receiving the highest number of votes for Judge and Solicitor respectively. Referendum. Sec. 48. Be it further enacted by the authority aforesaid, that should any section or part thereof of this Act be declared unconstitutional or invalid, then in that event, the general law of the State, or the law or rule or regulation applicable to such matters in the Superior Courts of the State shall be substituted therefor and become operative and effective in lieu of such unconstitutional or invalid section or part thereof. General Superior Court regulations to be substituted for sections held invalid. Sec. 49. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 26, 1925. LANIER COUNTY COURT ABOLISHED; TRANSFER OF CASES. No. 412. An Act to abolish the County Court of Lanier County, to provide for the transfer of all records, cases and matters pending therein to the City Court of Lakeland by operation of law, 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 the authority

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of the same, that the County Court of Lanier County established by the Grand Jury at July Adjourned Term 1923, of Lanier Superior Court, be and the same is hereby abolished, subject to the provision hereinafter made, and all records, cases and matters pending therein shall be, and the same are hereby, by operation of law, transferred to the City Court of Lakeland upon said City Court beginning functioning, to be disposed of in said court in the same manner as though originally brought therein; provided that this Act shall not become effective until such times as the City Court of Lakeland, provided for in House Bill Number (570) Five Hundred Seventy of the Acts of the Georgia General Assembly of 1925, shall be legally placed in operation. Court abolished. Transfer of cases to City Court of Lakeland. Effective if Lakeland City Court established. 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 26, 1925. MACON CITY COURT DEPUTY CLERK'S SALARY. No. 349. An Act to amend An Act to establish the City Court of Macon, in and for the County of Bibb, to define its jurisdiction and powers; to provide for the appointment of a judge and the other officers thereof, and for other purposes, approved August 14th, 1885, and the Act amendatory thereof approved August 16th, 1915, by increasing the salary of the Deputy Clerk of said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, that Section 7 of the Act creating the City Court of Macon, approved August 14, 1885, as amended by Section 2 of the Act approved August 16, 1915, as amended by the Act approved July 24, 1920, be amended by striking from said

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Section 7 as so amended, wherever they occur, the words and figures two thousand one hundred dollars ($2,100.00) and inserting in lieu thereof the words and figures Two thousand four hundred dollars ($2,400.00) so that Section 7, when so amended, shall read as follows: Act of 1885 amended. Sec. 7. Be it further enacted, that there shall be a clerk of said Court, who shall be appointed by the Judge thereof; said Clerk shall be appointed by the Judge thereof; said clerk shall before entering on the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof; which oath shall be entered on the book of minutes of said Court; he shall also before entering on the duties of his office, execute a bond with good security in the sum of three thousand dollars ($3,000.00) conditioned to account for all money which may come into his hands as clerk and for the faithful discharge of the duties of his office; he shall hold his office during the term of two (2) years. Said clerk shall receive in lieu of fees, in both civil and criminal cases, a salary of three thousand ($3,000.00) dollars per annum, to be paid monthly out of the treasury of Bibb County by the person or persons charged by law with paying out the money of said County; and the clerk of said Court, by and with the consent of the Judge thereof, to appoint a deputy clerk whose compensation shall be two thousand four hundred dollars ($2,400.00) per annum to be paid as the salary of said clerk is paid. Sec. 7 read. Salary. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be hereby repealed. Approved August 21, 1925.

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MACON MUNICIPAL COURT: APPEALS, ETC. No. 150. An Act to amend an Act, approved August 16th, 1913, establishing the Municipal Court, City of Macon, as said original Act is set forth in the Acts of the General Assembly of Georgia for the year 1913, page 252, by re-enacting Section 26 of said Act of 1913, on the subject of appeal and review of the decisions of said Municipal Court, City of Macon, and of new trials in and by said Municipal Court, City of Macon, and in and by the Superior Court of Bibb County, and in and by the Court of Appeals of Georgia; to make the method prescribed by Section 26 of said Act of 1913, the exclusive method of appeal and review, and the exclusive mode of procedure in connection with new trials in cases tried and disposed of in and by said Municipal Court, City of Macon; to abolish all other statutory methods of appeal in said Court and from said Court to any other Court, and to abolish the Constitutional writ of certiorari as a mode of appeal from said court to any other court; to provide for the disposition of money held by the Clerk of the Municipal Court, City of Macon, which is unclaimed by any person, and for the disposition of property held by the Sheriff of said Municipal Court, City of Macon, which is unclaimed by any person; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, whereby the Municipal Court, City of Macon, was established and created; (Acts 1913, page 252, et seq., which was approved August 16th, 1913) be and the same is hereby amended by re-enacting Section 26 of said original Act on the subject of Appeal and Review and New Trials, prescribing limitations upon the right of appeal and review, as

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to cases tried and disposed of by said Municipal Court, City of Macon, and prescribing also the mode and procedure as to new trials in and by said court and in and by the Superior Court of Bibb County and in and by the Court of Appeals of Georgia, which said Section 26 reads as follows: (a) In all cases in said court wherein the principal sum claimed or the value of the property in controversy does not exceed twenty-five dollars, tried by the Judge thereof without a jury, the judgment of said court shall be final and conclusive, and no appeal and no review by writ of certiorari shall be allowed. Act of 1913 amended. Sec. 26 re-enacted. No appeal in cases involving less than $25. (b) In all cases in said court, tried by the Judge thereof without a jury, in which the principal sum claimed or the value of the property in controversy, exceeds twenty-five dollars, and in all cases tried before a jury, upon announcement of judgment by the court, or upon rendition of the verdict of the jury, any party or his counsel may make an oral motion for new trial before judgment is entered in said case. Unless said motion for new trial is made as herein provided, the parties shall be held to have waived their right to move for a new trial except upon the grounds on which extraordinary motions for new trial may be made. Said motion shall be heard at such time as the court, in its discretion, may set for a hearing and no brief of the evidence shall be required; provided that the Judge of said Court shall have power to grant but one new trial in each case, and from the judgment granting a new trial there shall be no appeal or review, the case standing for retrial de novo. New Trials. (c) In all cases not embraced by paragraph (a) of this section, and in which the principal sum claimed, or the value of the property in controversy, does not exceed one hundred dollars, from the judgment of said court making final disposition of said case, an appeal shall lie by writ of error to the Superior Court of Bibb County, and a bill of exceptions shall be tendered, certified and filed, under the same rules as apply to bills of exception

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from the Superior Courts of the State; provided, however, that said bill of exceptions shall be tendered within ten days from the judgment complained of, and served and filed within ten additional days, and the judgment of said Superior Court, making disposition of said case shall be final, and shall not be subject to review by any Appellate Court. New Trials. Writ of error to Bibb Superior Court, when. (d) From the judgment of said Municipal Court, City of Macon, refusing to grant a new trial, or making final disposition of any case, in which the principal sum claimed, or the value of the property in controversy, exceeds one hundred dollars, an appeal shall lie to the Court of Appeals of Georgia by writ of error, and a bill of exceptions shall be tendered, certified and filed, under the same rules as apply to bills of exceptions from the Superior Courts of this State; provided, however, that the bill of exceptions shall be tendered within ten days from the judgment complained of and served and filed within ten additional days. To court of Appeals, when. Sec. 2. Be it further enacted by the authority aforesaid, that the procedure and method of review, appeal and of new trials as to the Municipal Court, City of Macon, provided for in Section 1 of this Act, shall be exclusive of all other methods of review, appeal or new trials provided for by law; and no appeal shall lie from said court to any other court by any other statutory method of procedure or by the constitutional writ of certiorari. Other methods of review excluded. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the Clerk of the Municipal Court, City of Macon, shall have in his hands any money, funds, or credits, which shall remain in his hands unclaimed by any person, firm or corporation for a period of six months, after all litigation in connection with such money, funds or credits, has been fully and finally disposed of by the Municipal Court, City of Macon, and by any appellate court, which said money, funds or credits shall have come into the hands of said Clerk in connection with any case

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or matter pending at the time, or which has been pending in said Municipal Court, City of Macon, it shall be the duty of the said Clerk of the Municipal Court, City of Macon, to notify the person, firm or corporation, whose property the records of said Municipal Court, City of Macon, indicate said money, funds or credit to be, by registered letter addressed to the said person, firm or corporation at the best obtainable address of the fact that such money, funds or credit are in his hands, and that unless the same are claimed within ten days, he will dispose of the same as hereinafter provided; and if after the expiration of the period of ten days from the mailing of said registered letter, the said money, funds or credit, still remain in the hands of said clerk unclaimed, it shall be his duty to pay the same into the Treasury of Bibb County, the same to be disposed of by the Treasurer, or other county authority having control of county funds, in the same manner as is hereinafter provided as to funds placed in the Treasury of Bibb County and arising from the sale of unclaimed property remaining in the hands of the Sheriff of said Municipal Court, City of Macon; provided however, that the Clerk of the Municipal Court, City of Macon, at the time of paying over to the Treasury of Bibb County any of such money, funds or credits, shall give to the Treasurer of Bibb County, or other county authorities having control of the funds of said county, full information in writing as to the case or matter in connection with which such money came into his hands, and as to the name of the person, firm or corporation indicated by the records of the Municipal Court, City of Macon, to be the owner of said money, funds or credits; and provided also that the expense incurred by the Clerk in complying with this Section shall be deducted from the money, funds or credits in his hands. Disposition of funds and credits. Sec. 4. Be it further enacted by the authority aforesaid, that whenever the Sheriff of the Municipal Court, City of Macon, shall have in his custody any property, or effects, which has come into his possession by levy or

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seizure by virtue of any processes or papers properly placed in his hands for execution, whether the levy be made by him or his deputy, which has been in his hands for a period of six months after all litigation concerning the same has been disposed of in the Municipal Court, City of Macon, and on appeal from that Court, and is unclaimed by any person, firm or corporation, it shall be the duty of said Sheriff to give notice by registered mail to the owner of said property, if the name of such owner can be ascertained by reasonable inquiry, at the best obtainable address of such owner, specifying in said notice the property so remaining in his hands, and warning the said owner that the same will be sold in terms of the law unless the said property is claimed within ten days from the mailing of such notice; if, after the lapse of ten days from the mailing of such notice, no claim to said property is made, said Sheriff shall advertise the same for sale as unclaimed property, specifying in said advertisement the process under which the same was seized, said advertisement to be published as other advertisements of property levied upon under process of said Municipal Court, City of Macon. The proceeds of said sale shall be paid by the said Sheriff into the Treasury of Bibb County; provided however, said Sheriff at the time of paying over the said proceeds shall give to the Treasurer of Bibb County, or other County authorities, having charge of the funds of said county, full information in writing as to the process under which the said property was seized, and as to the nature of the property which was sold. Executions. Notice to owner. Proceeds of sale. Sec. 5. Be it further enacted by the authority aforesaid, that the Treasurer of Bibb County, or other County authorities having charge of the funds of said County, shall keep any funds paid over to him, either by the Clerk of the Municipal Court, City of Macon, under Section 3 of this Act, or by the Sheriff of said Municipal Court, City of Macon, under Section 4 of this Act, in a separate account for a period of twelve months after the same is received. Should any person, firm or corporation claim the

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said fund within said period of twelve months, such claimant may file an affidavit of ownership with the Treasurer of Bibb County, or other county authorities having charge of the funds of said County, and may give bond in double the amount of the money claimed, with good security to be approved by the said Treasurer, or other County authorities having control of the said fund, which said bond shall be conditioned to answer any demand thereon that may be proved and established in any court of this State within a period of two years from the date of said bonds, and shall be payable to the County Authority having charge of said fund. Upon the making and filing of said affidavit and bond, said fund shall be delivered to the claimant. If no claim be filed to said money within a period of twelve months from the time the same is paid into the Treasury of Bibb County, the same shall be taken out of the special account and be put in the general funds of Bibb County and become the property of Bibb County. In case conflicting claims are made to any of said money, it shall be the duty of the Treasurer of Bibb County, or other County authorities having charge of said fund, to require the claimants to litigate their claims in the Municipal Court, City of Macon, and to hold the said fund, and pay out the same according to the final results of such litigation; provided, however, all such litigation must be instituted within a period of twelve months from the time said money is paid into the Treasury of Bibb County; provided also that the jurisdiction to hear and determine said claim is hereby expressly conferred upon the Municipal Court, City of Macon, regardless of the amount involved, and regardless of the residence of the parties, and the final order of said Municipal Court, City of Macon, shall specify which of said claimants is entitled to the funds, or whether either or any one of them has established his right thereto. In case the result of said litigation should be that neither of said claimants is entitled to the fund, the Treasurer of Bibb County, or other County authorities having control of said fund, shall continue to

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hold the same as unclaimed money and dispose of the same as hereinbefore provided. Claims on funds. Sec. 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1925. MACON MUNICIPAL COURT; SALARIES AND PROCEDURE. No. 336. An Act to amend an Act abolishing justice courts, the office of justice of the peace and notary public, ex-officio justice of peace and the office of constable in the City of Macon and to establish and create in lieu thereof a Municipal Court in the City of Macon, approved August 16, 1913, and also for the purpose of amending the Acts amending above recited Act, approved August 5, 1921, which amendments were for the purpose of regulating the salaries of the officers of the Municipal Court of the City of Macon, and providing how cases may be reported in said court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the above recited Act, approved August 16, 1913, and the above recited Act, approved August 5th, 1921, be amended by striking the words thirty-six hundred dollars per annum where the same occurs in Section 1 of said last mentioned Act, and inserting in lieu thereof the words four thousand dollars per annum, so that the compensation of the judge of the Municipal Court of the City of Macon shall be and is set at the sum of four thousand dollars per annum. Judge's Salary. Sec. 2. Be it enacted by the authority aforesaid, that Section 2 of the Act approved August 5, 1921, amending the original Act approved August 16, 1913, be amended

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by striking the words nineteen hundred and nineteen hundred dollars per annum wherever they occur in said section of said Act, and inserting in lieu thereof the words twenty-one hundred and twenty-one hundred dollars per annum, so that the compensation of the clerk of the Municipal Court of the City of Macon shall be and is fixed at the sum of twenty-one hundred dollars per annum. Act of 1921 amended. Clerk's Salary. Sec. 3. Be it enacted by the authority aforesaid, that Section 3 of the Act approved August 5, 1921, amending the original Act approved August 16, 1913, be amended by striking the words sixteen hundred and sixteen hundred dollars per annum wherever they occur in said Section 3 of said Act, and inserting in lieu thereof the words eighteen hundred and eighteen hundred dollars per annum, so that the compensation of the deputy clerks of said Municipal Court of the City of Macon shall be and is fixed at the sum of eighteen hundred dollars per annum each. Deputy Clerks. Sec. 4. Be it enacted by the authority aforesaid, that Section 4 of the Act approved August 5, 1921, amending the original Act approved August 16, 1913, be amended by striking the words Nineteen hundred and eighty and nineteen hundred and eighty dollars per annum wherever they occur in said Section 4 of said Act, and inserting in lieu thereof the words twenty-one hundred and twenty-one hundred dollars per annum, so that the compensation of the Sheriff of the Municipal Court of the City of Macon shall be and is fixed at the sum of twenty-one hundred dollars per annum. Sheriff's Salary. Sec. 5. Be it enacted by the authority aforesaid, that Section 5 of the Act approved August 5, 1921, amending the original Act approved August 16, 1913, be amended by striking the words sixteen hundred and eighty and sixteen hundred and eighty dollars per annum wherever they occur in said Section 5 of said Act, and insert in lieu thereof the words eighteen hundred and eighteen

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hundred dollars per annum, so that the compensation of the deputy sheriff of the Municipal Court of the City of Macon shall be and is fixed at the sum of eighteen hundred dollars per annum each. Deputy Sheriff. Sec. 6. Be it enacted by the authority aforesaid, that Section 18 of the original Act creating the Municipal Court of the City of Macon, approved August 6, 1913, be amended by adding to the said Section 18 the following words, The charge of the Court above provided for shall be given orally to jury, but on request of either party or counsel in the case, when it is so desired, and the request made before announcing ready for trial, that the case be reported, the judge presiding shall appoint a stenographer, who shall report the case, the compensation of said stenographer for services so rendered to be paid under rules applicable to the Superior Court, so that said Section 18, when so amended shall read as follows: Act of 1913 amended. Sec. 18. Be it further enacted by the authority aforesaid that the general laws of this State in regard to the commencement of actions in the Superior Courts, and defenses thereto, of whatever nature, the pleadings, the method of procedure, and practice therein, and in regard to examinations of parties to suits or witnesses, by interrogatories or under subpoena, witnesses and their attendance, continuances, charge of the court, granting of new trials and other matters of a judicial nature within the jurisdiction of said Municipal Court, shall be applicable to said Municipal Court, except as may be otherwise provided in this act. The charge of the court above provided for shall be given orally to the jury, but on request of either party or counsel in the case, when it is so desired, and the request made before announcing ready for trial, that the case be reported, the judge presiding shall appoint a stenographer who shall report the case, the compensation of said stenographer for services so rendered to be paid under rules applicable to the Superior Court. Sec. 18 read. Charge of Court. Stenographer.

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Sec. 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925. MADISON CITY COURT ABOLISHED. No. 23. An Act to repeal an Act entitled An Act to establish the City Court of Madison, in and for the County of Morgan, to define its jurisdiction and powers, to provide for the election of a Judge and other officials thereof, to define the powers, duties of the Judge and other officials thereof, to provide for pleading and practice, and new trials therein and writs of error therefrom, and for other purposes, approved August 15, 1910, 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 Madison to the Superior Court of Morgan 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 Madison, entitled as follows: An Act to establish the City Court of Madison, in the City of Madison, in and for the County of Morgan, to define its jurisdiction and powers, to provide for the election of a Judge and other officials thereof, to define the powers, duties of the Judge and other officials thereof, to provide for pleading and practice, and new trials therein, and writs of error therefrom, and for other purposes, approved August 15, 1910, be and the same is hereby repealed, together with all Acts amendatory thereof, and said City Court of Madison is abolished: provided, however, such repeal of said Act and the abolition of said Court shall not become effective until

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and after January 1, 1926, said Court remaining a legally constituted Court until said last named date. Act of 1910 [Illegible Text]. Effective Jan. 1, 1926. Sec. 2. Be it further enacted by the authority aforesaid, that all cases pending in said City Court of Madison, both civil and criminal, and all writs, claims and processes, either mesne or final, of whatever nature, on said date of January 1, 1926, shall be and the same are hereby transferred to the Superior Court of Morgan County, Georgia: and all suits filed to said City Court of Madison where service has been perfected, and standing for trial or disposition at the October Term, 1925, of said Court, and not disposed of, shall stand for trial at the March Term 1926 of Morgan Superior Court; and if said cause has not been reached on the appearance docket of said City Court of Madison, the appearance term of such cause shall be the March Term 1926 of Morgan Superior Court. Transfer of cases to Morgan Superior Court. Sec. 3. Be it further enacted by the authority aforesaid, that all dockets, minutes, record books and papers of said City Court of Madison, shall be and the same hereby, are, when this Act becomes effective, transferred to the clerk of Morgan 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 Madison, after this Act becomes effective, shall be returnable to and determined by the Superior Court of Morgan County, as though the same had been issued from said Superior Court of Morgan County. Transfer of records. Sec. 4. Be it enacted by the authoity aforesaid, that all motions for new trials pending in the City Court of Madison at the time this Act becomes effective, shall be heard and determined by the Judge of Morgan 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 of Madison, the Clerk of said Appellate Court shall transmit the remittitur in such case to the clerk of Morgan Superior Court, where

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it shall be made the judgment of said Court as having jurisdiction therein. Motions for new trial. Sec. 5. Be it enacted by the authority aforesaid, that all executions, judgments and other final processes issued from said City Court of Madison prior to the date when this Act becomes effective, are not affected hereby, but are and shall remain of full and binding force and effect. Processes issued during 1925 not affected. 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 21, 1925. MILLER CITY COURT ABOLISHED. No. 8. An Act to repeal an Act entitled, an Act to establish a city Court in and for the County of Miller, to define its powers, jurisdiction, procedure, and practices; to provide the appointment of a judge and other officers thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the act creating the City Court of Miller County, entitled as follows: an Act to establish a City Court in and for the county of Miller; to define its powers, jurisdictions, procedure, and practices; 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 16th, 1905, be and the same is hereby repealed, together with all acts amendatory thereof, and said city court of Miller County is abolished; such repeal of said act and the abolition of said city court shall become effective the first day of September, 1925. Act of 1905 repealed. Effective Sept. 1, 1925.

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Sec. 2. Be it further enacted by the authority aforesaid, that all cases pending in said City Court of Miller County, both civil and criminal, and all writs, claims and processes, either mesne or final, of whatever nature, on the first day of September, 1925, shall be and the same is hereby transferred to the Superior Court of Miller County, Georgia; and all suits filed in the City Court of Miller County, where service has been perfected, and standing for trial or disposition, 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 October term of 1925 Miller County Superior Court. Transfer of cases to Miller Superior Court. Sec. 3. Be it further enacted by authority of the same, that all dockets, minutes, records and papers of said City Court, shall be and the same hereby are, when this act becomes effective, transferred to the Clerk of the Superior Court of Miller County, 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 Miller County, after this act is effective, shall be returnable to, and determined by the Superior Court of Miller County, as tho the same had been issued from said Superior Court. Transfer of records. Sec. 4. Be it further enacted by the authority aforesaid, that all motions for new trials pending in the City Court of Miller County at the time this Act becomes effective, shall be heard and determined by the judge of Miller County Superior Court; and when judgment is rendered in the Court of Appeals, or the Supreme Court of Georgia in cases pending therein from said city court, the clerk of said Appelate Court shall transmit the remittitur in such cases, to the Clerk of Miller County Superior Court, where it shall be made the judgment of said Superior Court as having jurisdiction therein. Motions for new trial. Sec. 5. Be it further enacted by the authority aforesaid, that all executions, judgments and other final processes is sued from said City Court of Miller County prior

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to date when this Act becomes effective, are not affected hereby, but are and remain of full and binding force and effect. Processes issued before Sept. 1, 1925, not affected. 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 17, 1925. NEWNAN CITY COURT JUDGE'S SALARY. No. 20. An Act to amend an Act of the Legislature, entitled an Act to establish the City Court of Newnan; define its jurisdiction and powers, and for other purposes, approved October 5, 1887, Acts of the Legislature 1887, page 692, and the amendatory Acts, by amending Section 4 of said Act as amended by Act of Legislature 1916, page 284, so as to increase the salary of Judge of said Court, fix the time payment and for 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 and esablishing the City Court of Newnan approved October 5, 1887, as contained in the Acts of the Legislature of 1887, page 692, and as amended by Act of the Legislature 1916, page 284, be and the same is hereby amended as follows, to-wit: Act of 1887 amended. Sec. 2. Be it further enacted by the authority aforesaid that Section 4 of said Act of the Legislature entitled an Act to establish the City Court of Newnan, define its jurisdiction and powers, Acts of the Legislature 1887, page 692, as amended by an Act of the Legislature of 1916 page 284, be amended by striking the following language embodied in said Section 4 of said Act as amended, to-wit:

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The Judge of said City Court shall receive a salary of not less than One Thousand Dollars and not more than Eighteen Hundred Dollars per yea to be paid quarterly out of the treasury of Coweta County, said salary to be fixed by the Commissioners of Roads and Revenues of said county at the commencement of the term of said Judge of said Court, and not be changed during his term of office by enacting in lieu thereof the following: The Judge of said City Court of Newnan shall receive a salary of Twenty-Four Hundred Dollars per year to be paid monthly out of the treasury of Coweta County upon the order of the Board of Commissioners of Roads and Revenues of said County, so that when thus amended said section shall be as follows: The Judge of said City Court shall receive a salary of Twenty-four Hundred Dollars per year to be paid monthly out of the treasury of Coweta County upon the order of the Board of Commissioners of Roads and Revenues of said County. Said Judge shall receive no fees or perquisites. Judge's Salary 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, 1925. PEACH COUNTY CITY COURT ESTABLISHED. No. 46. An Act to establish a City Court in and for the County of Peach; 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. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That the City Court of Peach County be, and the same is, hereby created and established, to be organized, located and held in the City of Fort Valley, Peach County, Georgia, with civil and criminal jurisdiction over the whole County of Peach, concurrent with the Superior Court to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Peach; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the Superior Courts, either under the common law or statute, including, among others, attachment and garnishment proceedings, illegalities, counter-affadavit to any proceedings from said Court, satutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issue upon distress warrants, foreclosures of all liens and mortgages and quo warrantos. Said Court shall have jurisdiction of all suits brought to recover personal property or involving the title to personal property. Court established and located. Jurisdiction. Sec. 2. Be it further enacted, That there shall be a Judge of said Court, elected as hereinafter provided, who shall hold his office for the term of four years, and all vacancies in the office of Judge shall be filled by appointment by the Governor for the residue of the unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall make appointment to fill such vacancy, and submit such appointment to the Senate which shall thereafter convene. Provided, that at the regular election for County officers of said County to be held on the first Wednesday in October, 1928, there shall be elected in the same manner and by the qualified voters of said County of Peach a Judge of said City Court for a term of four years whose term

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shall commence at the expiration of the term of the Judge first appointed under the provisions of this Section, and shall be commissioned by the Governor for a term of four years, and until his sucessor is elected and qualified, and thereafter the term of office of said Judge shall be four years, and he shall be elected by the qualified voters of Peach County, every four years from said first election, at the same time and in the same manner as other County officers of Peach County are elected, and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be commissioned for a term of four years instead of two. In case of a vacancy in said office of Judge from death, removal, resignation or otherwise the Governor shall fill such vacancy by appointment of some qualified person to fill such vacancy. The Judge of said City Court shall receive a salary of eighteen hundred dollars per annum, which shall neither be diminished nor increased during his continuance in office, except to apply to a subsequent term in office, and which shall be paid monthly by the Treasurer of the County of Peach, and it shall be the duty of the Ordinary of said County, or other proper officers, to make provisions annually in levying taxes for this purpose. The said Judge shall receive no other compensation, but may practice law in any Court except his own. Judge. Term of office. Vacancies. Election. Vacancies. Salary. Sec. 3. Be it further enacted, That no one shall be elegible to the office of said judgeship unless he be, at the time of his qualification, at least twenty-four years of age and a resident of the territory embraced in Peach County for four years immediately preceding his appointment or election and must also have been a practicing Attorney-At-Law four years preceding his appointment or election. He shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially perform and

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discharge all duties that may be required of me as Judge of the City Court of Peach County, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God. which oath shall be filed in the executive department. Eligibility. Oath. Sec. 4. Be it further enacted, That there shall be a Solicitor of the said City Court of Peach County, to be elected as hereinafter provided, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment by the Governor as provided in Section 2 for the Judge of said Court. If the Senate be not in session at the time of said appointment or shall fail to act thereon, such appointment shall be subject to the confirmation of the Senate at any session thereafter, and in the meantime the person appointed by the Governor shall hold and fill said office. Provided, that at the regular election for County officers of said County of Peach to be held on the first Wednesday in October 1928, there shall be elected, in the same manner and by the qualified voters of said County a Solicitor of said Court for a term of four years whose term shall commence at the expiration of the term of the Solicitor first appointed under the provisions of this Section, and he shall be commissioned by the Governor for a term of four years and until his successor and qualified, and thereafter the term of office of said Solicitor shall be four years and he shall be elected by the qualified voters of Peach County every four years from said first election, at the same time and in the same manner as the other County officers of Peach County are elected, and he shall be commissioned by the Governor as such other officers are commissioned except that he shall be commissioned for a term of four years instead of two. In case of a vacancy in said office of Solicitor from death, removal, resignation or otherwise, the Governor shall fill said vacancy by appointment of some fit and proper person to fill said vacancy. Solicitor. Term of office. Vacancies. Election. Vacancies.

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Sec. 5. Be it further enacted, That any person who shall be appointed or elected Solicitor of said City Court must, at the time of such appointment, or election be at least twenty-one years of age, must have been a resident of the territory embraced in Peach County for two years, immediately preceding his appointment or election, and have practiced law at least two years before his appointment or election. Said Solicitor before entering upon the duties of his office, shall give bond with good security, in the sum of one thousand ($1,000.00) dollars, conditioned for the faithful discharge of the duties of his office, and shall take and subscribe the following oath: I do solemnly swear that I will support and maintain the Constitution and laws of the State of Georgia and that I will faithfully and impartially without fear, favor or affection, discharge my duties as Solicitor of the City Court of Peach County, so help me God, which oath shall be filed in said Court and recorded on its minutes. Eligibility. Bond. Oath. Sec. 6. Be it further enacted, That for his services in said Court the fees of the Solicitor shall be as follows: He shall receive the same fees as are now allowed by law, or shall be hereafter allowed by law, to the Solicitor-General of the Superior Courts of this State, for similar services in the Superior Courts; provided he shall not be entitled to $25.00 for prosecuting for the offense of Gaming or any reduced felony; but his fee in this class of cases shall be the same as for prosecuting for the offense of assault or assault and battery and similar misdemeanors. The foregoing fees shall be paid out of the funds arising from fines, forfeitures and costs assessed on settlements allowed by the Court, penalties and the like. In the absence or disqualification of said Solicitor, the Judge of said Court is authorized to a Solicitor Pro tem, who shall receive the same fees allowed the regular Solicitor of the Court. Fees. Sec. 6. (a) Be it further enacted, that the provisions of this Act shall not become of force and effect unless

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ratified by a majority of votes cast by the qualified voters of Peach County at an election which is hereby called to be held on the 16th of September, 1925 for the purpose of submitting the provisions of this Act to the qualified voters of the county for their approval or rejection, which election shall be held and the result thereof consolidated and declared in the same manner as now provided by law for holding and declaring the result of elections for members of the General Assembly. At said election voters wishing to cast ballots for the approval of this Act shall have written or printed thereon For City Court, and those wishing to cast ballots against the provisions of this Act shall have written or printed thereon Against City Court. If a majority of the votes cast at said election shall be in favor of the said City Court, then said City Court of Peach County will have been established and the Act creating the same of full force and effect from and after the date of said election. At said special election there shall be elected a Judge and Solicitor of said City Court of Peach County who shall hold office as provided in this Act; provided that the majority of said votes cast shall be in favor of the establishment of said Court. Those voting at said election for Judge and solicitor shall have written or printed on their ballots: For Judge of the City Court of Peach County For Solicitor of the City Court of Peach County.....The persons receiving the highest number of votes cast as said election for Judge and Solicitor, respectively, shall be declared elected and shall hold said offices until January first 1930, and until their successors are elected and qualified. The Governor shall commission said officers of said court accordingly. The Ordinary of Peach County shall furnish the election papers for said election to the election managers and shall give notice of the said election by publication in two issues of the official gazette of Peach County; said notice to be so published within thirty days next prior to the date of said election. Referendum. Ballots.

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Sec. 7. Be it further enacted, That it shall be the duty of the Solicitor of said Court to represent the State in the Supreme Court on all writs of error from said City Court, for which service he shall be paid out of the Treasury of the State the same sum paid Solicitors-General for similar services. The duties imposed by law on the Solicitors-General of the Superior Court shall be performed by the said Solicitor, as far as the same may be applicable to said City Court. Solicitor to represent State in Supreme Court on writs of rerror. Sec. 8. Be it further enacted, That the Clerk of the Superior Court of Peach County shall by virtue of his office be Clerk of said City Court, and shall perform in said City Court the same duties that are by law required by him as an officer of the Superior Court, so far as the same does not conflict with the provisions of this Act. Before entering upon his duties the said Clerk shall execute a bond in the sum of one thousand ($1,000.00) dollars payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the Judge of the Said Court, and entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the Clerk of the Superior Court shall fail to qualify or to execute said bond, the Judge of said City Court is hereby authorized to appoint a Clerk for said Court. Clerk. Bond. Sec. 9. Be it further enacted, That the Sheriff of Peach County, shall by virtue of his office be Sheriff of said city court, before entering on the discharge of the duties of his office he shall execute a bond, with good security, payable to the Governor in the sum of two thousand ($2,000.00) dollars, conditioned for the faithful discharge of the duties of his office which bond shall be approved by the Judge of said City Court and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the Sheriff of Peach County shall fail to qualify as Sheriff of the City Court, the Judge of said City

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Court shall appoint a Sheriff for said Court. The Sheriff of said Court shall have power to appoint such deputies as the business of said Court may require, who shall give bonds as required of other deputy Sheriffs. Sheriff. Bond. Deputies. Sec. 10. Be it further enacted, That the Judge of the City Court of Peach County is empowered to exercise the same authority over the Clerk and Sheriffs of said Court as may be exercised by the Judge of the Superior Court over the Clerk and Sheriffs in the Superior Courts of said State. Duties and liabilities. Sec. 11. Be it further enacted. That the fees of the Clerk and Sheriff of said Court shall be the same as are now or may hereafter be allowed by law to the Clerk of the Superior Court and to the Sheriff of the County, except as hereinafter provided. In criminal cases where no indictment has been found the clerk shall only receive three dollars. In civil cases including claim cases, illegalities and appeals where the principal amount claimed or involved does not exceed one hundred ($100.00) dollars, the cost of the Clerk for the entire service shall be three dollars and the sheriff's cost shall be three dollars for the entire service. For summoning juries at each term of court, the sheriff shall receive five dollars, and for their attendance at the regular term of said court the sheriff and clerk shall each receive two dollars per day, to be paid in the same manner as they are now paid for similar service in the Superior Court. Fees. Sec. 12. Be it further enacted, That the judge of the City Court of Peach County 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; to take affidavits; and to issue any other writ, warrant order or process, the power which is not given exclusively to some other court, Judge or officer by the Constitution of this State, and said Judge, solicitor, clerk sheriff and deputies shall have power to administer

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all oaths and do all other official acts pertaining to their offices, respectively, as the Judge and other officers in the Superior Court may in like cases do; and said Judge shall also have power to issue writs of habeas corpus, and hear and determine the same as Judges of the Superior Courts may do, to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the Judges of the Superior Courts of this State are authorized to do, unless otherwise provided in this Act; and said Judge of the City Court of Peach County shall have all the power and authority throughout his jurisdiction of Judges of the Superior Court of this State, except where, by the Constitution, exclusive power and authority are vested in the Judges of the Superior Court; and all laws relating to and governing Judges of the Superior Courts shall apply to the Judges of said City Court so far as the same may be applicable, except as herein provided. Powers of Judge. Sec. 13. Be it further enacted, That the regular term of the said City Court of Peach County shall be held as follows: Beginning on the third Monday in January, May, August and November of each year. Provided that the first regular term of said Court shall begin on the third Monday in November, 1925. The Judge of said court shall have the power to hold said court in session so long as in his judgment the same may be necessary, and to adjourn the same from one day to another as he may see proper, and to hold such adjourned and special terms of the Court as he may determine to be necessary. Terms of Court. Sec. 14. Be it further enacted, That suits in said Court shall in all respects be conformable to the modes of procedure in the Superior Court, except as herein provided, but the process to writs shall be annexed by the clerk of said City Court, attested in the name of the Judge thereof, and be directed to and served by the sheriff of the City Court of Peach County, or his deputy, and

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all executions issuing from said court shall be attested in the name of the Judge, and signed by the clerk, and directed to the sheriff or his deputies of the City Court of Peach County, and all and singular the sheriffs or their deputies of the State of Georgia. Superior Court procedure conformed to. Sec. 15. Be it further enacted, That in all matters pertaining to service and pleading and practice and other legal procedure, the laws governing in the Superior Court shall be applicable to said City Court, unless otherwise provided in this Act. Pleading, etc. Sec. 16. Be it further enacted, That the Judge of said City Court shall have the power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury. Provided, that either party in any civil cause pending in said court shall, upon demand, be entitled to a trial by a jury of twelve jurors, in all cases in which said parties may be entitled to a trial by jury under the Constitution and Laws of the State. Hearing and judgment. Demand for jury trial. Sec. 17. Be it further enacted, That said Court shall have jurisdiction of all claim cases where personal property is levied on other process from said court, which claim shall be tried in the same manner as claims in the Superior Court, except that the pleadings in the case shall make issue, and it shall be unnecessary for the parties to tender and join in claim cases as is practiced in other courts. Claim cases involving personal property. Sec. 18. Be it further enacted, 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 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 Court, and all attachments returnable to the City Court of Peach

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County shall be directed to the sheriff of the City Court of Peach County and his deputies and to all and singular, the sheriffs and constables of this State, and may be served 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. 19. Be it further enacted, That the garnishment proceedings in the City Court shall be conformable to the laws on the subject applicable to the Superior Court. Garnishment. Sec. 20. Be it further enacted, That all proceedings to make parties in any cause in the City Court shall conform to the laws on that subject in the Superior Court. Making parties. Sec. 21. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, demurrers, set-offs, affidavits of illegalities, arbitrations and all other legal procedure, examination of witnesses by interrogatories, depositions or otherwise, witnesses or their attendance, continuances, motions for new trial and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of the City Court, shall be applicable to said City Court, unless otherwise provided. General laws applicable. Sec. 22. Be it further enacted, That said City Court of Peach County shall be a court of record, and shall have a seal and minutes, dockets, records, and other books and files that are required by law to be kept for the Superior Court and shall be kept in and for said City Court, and in the same manner; and all laws applicable to the duty of the Clerk and sheriff of the Superior Court shall apply to them in the said City Court, except where they conflict with the provisions of this Act. Court of record. Sec. 23. Be it further enacted, That all laws regulating the enforcement of the judgments of the Superior Court, whether civil or criminal, shall apply to said City Court, and executions shall issue and be levied and sales

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had thereunder under the same rules and laws regulating the same in the Superior Court. Enforcement of judgments. Sec. 24. Be it further enacted, That the Judge of the City Court of Peach County shall have power to enforce his orders, preserve order, punish for contempt and to enforce all his judgments in the same manner as Judges of the Superior Court. Contempt, etc. Sec. 25. Be it further enacted, That the traverse jurors in the City Court of Peach County shall be procured in the following manner: The clerk of said court shall provide a City Court jury box, similar to the traverse jury-box of the Superior Court, and shall write upon separate pieces of paper the name of each person upon the grand jury and petit jury list of the Superior Court, and shall place said names in the City Court Jury-box, from which shall be drawn the traverse jurors in the City Court, all laws with reference to the drawing and summoning and impanneling traverse jurors in the Superior Court shall apply to the City Court of Peach County; Provided, that the number of jurors so drawn shall be eighteen instead of thirty-six, as provided for in the Superior Courts; and said City Court Judges shall have the same power to summons tales jurors for the City Court that the Judges of the Superior Courts have for the Superior Courts. Jurors in the 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 are or may hereafter be paid. Traverse jurors. Jury lists. Sec. 26. Be it further enacted, That all laws with reference to the disqualification, purging, empaneling challenging, fining, or in anywise relative to jurors, now in force or hereafter to be enacted, regulating the same in Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by a jury, the parties shall be entitled to eighteen jurors from which to strike. In all civil cases each party shall

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be entitled to three peremptory challenges, and in criminal cases the defendant shall be entitled to four peremptory challenges and the State two; so that twelve jurors shall compose the jury for the trial of cases in said court, and all laws and rules governing the selection of jurors in the Superior Courts shall apply to the City Court, unless otherwise provided in this Act. Disqualification, challenging, etc. Sec. 27. Be it further enacted, That in all civil cases pending in said Court, in which a jury is demanded by either party, a jury trial shall be had in the term time under the provisions of this Act by a jury of twelve. All civil cases in which no jury is demanded by either party shall be tried by the court, or by a jury of twelve as ordered by the court as hereinafter provided, in term time. All criminal cases shall be tried by the court either in term time or in vacation, and said court shall be open for the trial of criminal cases at all times. If at any time a defendant shall demand a trial by jury, and no jury shall then be in attendance upon the court, the Judge may, in his discretion, direct the sheriff or his deputies to summon a jury of eighteen qualified jurors for the trial of such criminal case or cases, and to summon tales jurors, to make out the eighteen, as may be necessary; and said jury shall be empaneled and such trials proceed at such time as the judge may order and all other proceedings in said case or cases shall be the same as though had at a regular term and as if said jurors had been regularly drawn and summoned; provided the defendant shall be allowed bail as in other cases until the case is tried; if no jury is ordered by the Judge, as above provided, the defendant shall be admitted to bail for his appearance at the next regular term of said court, when said cases shall be tried by a jury, as herein provided, and provided further that the Judge of said City Court may on his own motion, require and direct that any civil or criminal case pending in said court shall be tried by a jury. Jury Trials. Criminal case hearings. Demand for jury trial. Bail.

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Sec. 28. Be it further enacted, That defendants in criminal cases in said City Court of Peach County may be tried on written accusation founded on affidavit which accusation shall be signed by the prosecuting officer of said court, and no person charged with an offense within the jurisdiction of said City Court shall have the right to demand indictment by the grand jury of Peach County before the case can be tried in said court. Accusation. Sec. 29. Be it further enacted, That if, after hearing the evidence on any trial, it shall apper to the court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued, and the accused committed or bound over to the next Superior Court, according to the law of bail and commitment, and the proceedings shall be transmitted to the Superior Court. Commitments. Sec. 30. Be it further enacted, That the Judge of the Superior Court may send down from the Superior Court of Peach County to said City Court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the Superior Court, and the order transferring such cases shall be entered on the minutes of both of said courts; provided, this Section shall not apply to those presentments or indictments under which no arrests have been made, or those under which arrests have been made and the bond of the defendant forfeited. Transfer of misdemeanor cases. Sec. 31. Be it further enacted, That the Judge of the City Court may, in his discretion, pass an order transferring to the Superior Court of Peach County for trial any criminal case in which said Judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Disqualification of Judge; transfer, of cases. Sec. 32. Be it further enacted, That the Judge of said court shall have the same power to appoint bailiffs at any term of the court that the Judges of the Superior Court have. Bailiffs.

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Sec. 33. Be it further enacted, That writs of error shall be from the City Court of Peach County to the Supreme Court and Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions and the issue of writs of error in the Superior Courts of this State. Writ of error. Sec. 34. Be it further enacted, That no judgement, order, sentence, or decree of the said City Court, or the Judges thereof, shall be reviewed by writ of certiorari. Certiorari. Sec. 35. Be it further enacted, That the Judge of the City Court of Peach County shall have the power to grant new trials in all cases, civil and criminal, in said court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing motions for new trials in the Superior Courts, and the hearing and the termination thereof, in vacation or term time, shall apply and govern the same in said City Court; provided that when a criminal case is heard at other than the regular term time of said court, and the defendant desires to move for a new trial, such motion must be presented and filed within ten days after the rendition of the judgment complained of and shall be heard and determined at such time, as the Judge may order unless for good cause shown, further time may, by order, be granted, in the discretion of the Judge of said court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. Sec. 36. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all laws, rules and practice in the Superior Courts with reference to the terms thereof shall apply to the City Court of Peach County, unless otherwise provided in this Act; provided, that all civil

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cases in said court, where the principal sum claimed or involved does not exceed one hundred dollars, shall be triable at the first term after service has been duly had on the defendant, and shall then be heard and determined, unless continued in the manner provided by law; and in such cases should no defense or plea be filed on the first day at the first term, or should such defense or plea be stricken by the court, a judgment may be rendered or verdict taken as the case may require; and provided, that in all civil cases in said court where the principal sum claimed or involved exceeds the principal sum of one hundred dollars and to which no plea or defense is filed on the call of the appearance docket at the term to which said suit is brought, or should such plea or defense be stricken by the court, a judgment may be rendered by the court, or verdict taken for the plaintiff, as the case may require. Appearance and trialterms. Sec. 37. Be it further enacted, That whenever the Judge of said City Court, for any cause, is disqualified from presiding in any case, and the Judge of the Superior Court shall fail to preside in said court as provided in the Constitution of this State, or is not present when said case is called on the docket, then upon consent of parties, or upon their failure or refusal to agree, said cause may be tried by a Judge pro hac vice, selected in the same manner as now provided for in the Superior Court. Judge pro hac vice. Sec. 38. Be it further enacted, That the Judge of said City Court shall be authorized and empowered to appoint a stenographer for the reporting of any case or cases pending in said court. The fees for each stenographer, so appointed, to be paid by the parties in civil cases in the same manner as now or hereafter prevails in the Superior Court, and the fees to be allowed shall be same as is or hereafter allowed in the Superior Court, and shall be collected in the same manner. In no event,

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however, shall the compensation of such stenographer be chargeable against the County of Peach. Stenographer. Sec. 39. Be it further enacted, That the ordinary of Peach County, or other proper authority, shall provide the necessary books for keeping the dockets, minutes, and records of said City Court, and all other books and stationery necessary to run said City Court, and that said City Court shall be held in the courthouse of Peach County, or such other place in the City of Fort Valley as the Superior Court of said county may be held. Books and records Sec. 40. Be it further enacted, That the several justices of the peace of the County of Peach in admitting defendants to bail in misdemeanor cases, and all other officers or parties taking bond for the appearance of any defendant who stands charged with a misdemeanor, shall make the same returnable to the City Court of Peach County, to be tried on the next Monday at 10:00 o'clock a. m., succeeding and following such commitment. Bond and bail. Sec. 41. Be it further enacted, That upon the failure of the defendant to appear and answer to any charge he may stand accused of in said City Court at the time named in the bond, said bond shall be forfeited under the same rules and regulations as bonds are now forfeited in the Superior Court, and the order of forfeiture and scire facias shall issue on said day of non-appearance, and the fees of the officers of said court in such cases shall be the same as are allowed by law to officers of the Superior Court for his Services, and the subsequent proceedings shall be the same as now prescribed by law. Forfeitures. Sec. 42. Be it further enacted, That it shall be the duty of the Sheriff of said county and his deputies, to receive and collect all fines and forfeitures, costs and other amounts that shall be imposed by law, in said City Court, and to deposit the same, as collected, in some Bank of the City of Fort Valley in the name of the Judge of the City Court of Peach County. It shall be the duty of the

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Solicitor of said court, on the first Monday in each month, to make up a statement of all moneys collected as above stated and from what source, during the preceding month, together with the amount of legal costs due each of the officers, arising from the said cases, bringing the money into court, of the said City Court, and the committing courts and their officers which statement, when approved by the Judge of the City Court, shall be filed and recorded by the clerk of the said City Court, for which service the Judge shall pay said clerk out of the fines and forfeitures for said entire service the sum of three dollars. The Judge of said City Court shall, when said statement is made up by the solicitor as above stated and approved by said Judge, pay out of the fund so collected, the costs due the respective officers, and if any of said fund shall remain, after paying the said costs as above provided, then the Judge shall pay out of any balance on hand the insolvent costs due the said officers of said courts, pro rata, or on said costs, if not enough to pay the entire amount due; if after paying said costs, there shall remain any of said funds left, the Judge shall pay over the same into the county treasury of Peach county. Provided; That before this Act shall become effective, the question of a city court or no city court shall be sumbitted to the qualified voters of Peach County. Said election shall be held on the 15th day of September, 1924, and the ballots to be cast in said election shall have printed or written thereon the words: For City Courts and Against City Courts. Said election to be held under the same rules and regulations as govern elections for representatives, the returns thereof to be made to the Ordinary, who shall receive said returns and declare the result not later than five days. Fines and forfetures, disposition of. Referendum. Ballots. Sec. 43. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 23, 1925.

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REIDSVILLE CITY COURT; FEES OF CLERK AND SHERIFF. No. 339. An Act to amend an Act establishing the City Court of Reidsville in and for Tattnall County, approved August 22, 1905, as amended by certain Acts, approved August 10, 1906, August 16, 1915, August 15, 1921 and July 27, 1923 respectively, so as to reduce the fees now allowed to the Clerk and Sheriff of said Court, and to provide for other fees to them, and for other purposes, Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act approved August 22, 1905, creating the City Court of Reidsville, as amended by the Acts approved August 10, 1906, August 16, 1915, August 15, 1921 and July 27, 1923, respectively, be and the same is hereby amended as follows: By striking from said Act, as amended, all the words now contained in Section 10, and substituting in lieu thereof the following, (so that when so amended said Section 10 will read): Act of 1905 amended. Sec. 10. Be it further enacted by the authority aforesaid, That the Clerk of said City Court of Reidsville shall receive for his services in said city court, the same fees as were allowed by law for like services in the Superior Courts immediately prior to the passage of the Act of the General Assembly of Georgia, increasing the fees of Clerks of the Superior Courts in counties having less than fifty thousand population, approved July 23, 1920, and the Sheriff of said city court shall receive for his services in said city court the same fees as were allowed by law for like services in the Superior Courts immediately prior to the passage of Act of the General Assembly of Georgia, increasing the fees of Sheriffs of this state, approved August 12, 1918, and said clerk and said sheriff shall be amenable to the same process and penalties,

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as they are to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court, as they are entitled to in the Superior Court, provided, that this Act shall be effective only on and after January 1, 1927. New Sec.10. Fees. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 20, 1925. SAVANNAH CITY COURT; COSTS OF CLERK AND SHERIFF. No. 17. An Act to alter, amend and revise the several laws relating to the City Court of Savannah, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, when any civil suit is brought in the City Court of Savannah, it shall be lawful for the said Clerk of the said City Court of Savannah to demand of and receive from the plaintiff in said suit a deposit of ten dollars to cover the usual and ordinary costs of the Clerk of the City Court of Savannah and the Sheriff of the City Court of Savannah is in such suits, and until such deposits is made said Clerk shall not be obliged to docket, or do any other act connected with such suit, except marking the same filed, with the date of the filing, and if the plaintiff be cast in such suit or if the suit be dismissed or withdrawn, such Clerk shall return to the plaintiff any surplus of such deposit after payment of all Clerk's and Sheriff's costs, if any there be and if the defendant be cast, such Clerk may immediately issue execution

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against such defendant for all costs, and upon their collection shall return to the plaintiff the amount of such deposit, or upon a return of nulla bona upon such execution, shall pay all the cost out of such deposit, returning the surplus, if surplus there be, as when the plaintiff is cast. Deposits in civil cases. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith shall be and the same are hereby repealed. Approved July 18, 1925. SAVANNAH CITY COURT REPORTER'S SALARY. No. 39. An Act to amend an Act, Approved August 2nd, 1921, and entitled An Act to amend the several Acts relating to and creating the City Court of Savannah, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1926, that Section 2 of that certain Act of the General Assembly of the State of Georgia, approved August 2nd, 1921, and entitled An Act to amend the several Acts relating to and creating the City Court of Savannah, and for other purposes be, and the same hereby is, amended by striking out the figures 125.00 where the same appear in the fifth line of said Section 2 of said Act, and substituting in lieu thereof the figures $175.00, so that said Section, when so amended, will read as follows, to-wit: Act of 1921 amended. Sec. 2. That said Court Reporter so appointed shall be paid by the Commissioners of Roads and Revenues of Chatham County, from the County Treasury, as an expense of said City Court, for his services in reporting

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and transcribing criminal cases, the sum of $175.00 per month, and the said Court Reporter, for said sum paid shall, whenever a motion for a new trial is made, or whenever directed by the Court, transcribe the criminal testimony so taken. To be read. Salary. 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 22, 1925. SAVANNAH CITY COURT; SHERIFF'S SALARY; DISTRIBUTION OF COSTS. No. 302. An Act to alter, amend and revise the several laws relating to the City Court of Savannah and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of same, as follows: Section 1. The fee system now existing in the City Court of Savannah as applied to the office of Sheriff, and all fees now or heretofore or hereafter accuring to the office of Sheriff of the City Court of Savannah be and the same are hereby abolished in so far as the same constitute the compensation of the said Sheriff, but the same schedule of fees and costs prescribed under existing law shall remain for the purpose of ascertaining the sum or sums to be paid into the Treasury of Chatham County, Georgia, and the Sheriff of the City Court of Savannah shall hereafter be paid a salary as hereinafter provided in lieu of the fees as under the present system of compensation. Salary in lieu of fees Sec. 2. The salary of the Sheriff of the City Court of Savannah shall be at the rate of six thousand ($6,000)

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dollars per annum, said sum to include all expenses of said office not now paid by Chatham County, and said salary shall be paid out of the general treasury of Chatham County, Georgia, in equal monthly installments of five hundred ($500.00) dollars each and it shall be, and is hereby made the duty of the Commissioners and Ex-Officio Judges of Chatham County, Georgia, 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 the said salary to be paid to the Sheriff of the City Court of Savannah in monthly installments of five hundred ($500.00) dollars each. The funds for the payment of the salary of the said Sheriff of the City Court of Savannah shall be provided by the said Commissioners in the same manner and from the same source as the operating expenses of the City Court of Savannah and as a part thereof. Salary. Sec. 3. In the distribution among officers of the City Court of Savannah of all costs, both in particular cases or matters and all insolvent costs and fines, forfeitures and fees paid into the City Court of Savannah or which may become due and payable therein, the County of Chatham shall be subrogated to the rights and claims of the Sheriff of the City Court of Savannah and shall stand in his place and in his stead and shall be entitled to all funds, moneys and emoluments accruing to said office, and all officers who hold or obtain possession of any such funds, moneys, and emoluments to which said Sheriff would be entitled, except for the provisions of this Act, shall pay the same into the Treasury of Chatham County. County subrogated to Sheriff. Sec. 4. This Act shall become effective on the first day of January, 1926. Effective Jan. 1, 1926. Sec. 5. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 20, 1925.

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SPRINGFIELD CITY COURT; JURORS' SALARIES. No. 57. An Act to amend an amendment to an Act entitled An Act to create the City Court of Springfield in and for the County of Effingham in Georgia; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes, so as to fix the pay of jurors 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 (3) of an amendment to an Act entitled, An Act to create the City Court of Springfield, in and for the County of Effingham, in Georgia; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers and for other purposes, be and the same is hereby amended by striking the words sum of two ($2.00) dollars per day while serving as such from lines 26 and 27 of Section 3 of the Act of 1923, page 189, and insert in lieu thereof the words same per diem as Superior Court jurors so that said section when amended shall read as follows: Act of 1923 amended. Section 3. Be it further enacted by the authority aforesaid, that said Act be and the same is hereby further amended by striking from said Act, Section 26, and inserting in lieu thereof the following: `Sec. 26. Be it further enacted by the authority aforesaid, that the judge of said City Court shall have power to summons instanter, tales jurors to complete said panel of twenty-four and he shall likewise have power instanter to summons twelve additional jurors so as to increase said jurors to thirty-six if necessary to carry on the business of said court expeditiously. Twelve jurors shall constitute a panel in said court and in all cases in which a demand for trail by

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jury has been made as herein mentioned, the selection shall be made as follows: in both civil and criminal cases, the Clerk shall furnish the plaintiff and defendant each with a list of twenty-four jurors, in civil cases the plaintiff and defendant have six strikes each, and in criminal cases the State shall have five and the defendant seven strikes, and the remaining twelve jurors shall compose the jury. By consent of parties cases may be tried by a jury of six in which event the clerk shall furnish the plaintiff and defendant each with a list of twelve jurors, each side to have three strikes in civil cases and in criminal cases the State to have two strikes and the defendant four the remaining six jurors shall compose the jury. All jurors serving in said court shall receive the same per diem as Superior Court jurors, to be paid under rules governing payment of Superior Court jurors. To be read. Compensation. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1925. SWAINSBORO CITY COURT SALARIES. No. 156. An Act to amend an Act to establish the City Court of Swainsboro, approved August 21, 1916, and all acts amendatory thereof; to provide for an increase in the per diem allowed for attendance of Clerk, Deputy Clerk or assistants, Sheriffs, Deputy Sheriffs, or Bailiffs upon terms 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, an Act establishing the City Court of Swainsboro, approved August 21, 1916, and all Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1916. amended.

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By striking from Section 43 of said Act the words $2.00 per day for services rendered in attending upon said Court during jury sessions of the Court, and inserting in lieu thereof the following: $5.00 per day for services rendered in attending upon any monthly or quarterly term of said court and a like sum for not more than one deputy or assistant clerk, as may be required, during said terms, all. Clerk. Sec. 2. Be it further enacted that Section 44 of said Act be and the same is hereby amended by striking therefrom the words: $2.00 per day out of the County Treasury; and, if it is necessary for him to have a Deputy, or a special bailiff in attendance upon the quarterly term of said court, he shall receive $2.00 per day for the service of said bailiff or deputy, and inserting in lieu thereof the words, $5.00 per day, and if it is necessary for him to have a deputy or special bailiff in attendance upon a quarterly or monthly term of said City Court, he shall receive $5.00 per day for the services of said deputy or bailiff, all to be paid out of the County Treasury. Sheriff. 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, 1925. TIFTON CITY COURT; ACTS AMENDED. No. 202. An Act to amend an Act entitled an Act to create and establish the City Court of Tifton, etc., approved August 21, 1906, and the amendments thereto approved August 22, 1907, and an Act approved August 17, 1908, and an Act approved August 10, 1909, enlarging the jurisdiction of said Court, and to provide for the taking of judgments at the first term of said court where no issuable defense is filed, and to provide for the appointment

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of the Judge and Soilcitor thereof, and to fix the terms thereof, and to fix the salary of the Judge, and providing that the Clerk of said Court be the custodian of the funds arising from fines and forfeitures thereof, and to provide for the payment of costs in criminal cases, and to provide for the same payment per diem for the Clerk, the Sheriff, and his deputies as is paid to such officers of the Superior Courts and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act that Section 2 of the Act approved August 10, 1909, amending the Act creating the City Court of Tifton, be and the same is hereby amended by enlarging the jurisdiction of the Court as follows: After the word provide in the eighth line of said section by striking the word one Hundred in the tenth line of said section and adding in lieu thereof the word fifty so that said section, when amended, shall read as follows: Act of 1909 amended. Sec. 2. By striking from Section 4 of the Act approved August 22, 1907, same being an Act to amend Section 1 of the Act creating the City Court of Tifton, all of said section following `civil cases,' in the fourth line and inserting in lieu thereof the following: `unless the principal sum involved shall equal one hundred dollars or more,' so that such section as amended shall read as follows: `provided, that such court shall not entertain jurisdiction of any civil case unless the principal sum involved shall equal fifty dollars or more.' Provided, however, that this amendment shall not apply to actions in trover. Jurisdiction. Be it further enacted that Section 47 of the Act approved August 21, 1906, creating the City Court, be amended as follows: By adding to said Section 47 the following: Except that no civil causes involving less than one hundred dollars shall be carried to appellate courts by writ of errors, so that said Act, when amended, shall read as follows: Act of 1906 amended. Writ of error.

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Section 5. Any and all cases now within the jurisdiction of the City Court of Tifton may be made returnable either to the monthly or quarterly terms under the same conditions and requirements as to filing, service, pleas, demurrers, and defaults as are now of force by virtue of the Act creating the City Court of Tifton. Upon the call of any case upon the issue docket, either at a monthly or quarterly term, either party shall have the right, orally or in writing, to demand a trial by jury; when this demand is made at a monthly term, the Judge shall make an entry of same upon his docket and the case shall stand continued to the next term thereafter for which a jury has been drawn. At the monthly terms the Judge may hear and dispose of all cases, civil and criminal, ripe for trial, where a jury has not been demanded, and perform any and all judicial Acts not inconsistent with the provisions of this amendment, it being the intent and purpose of this Act that all matters of jurisdiction, rights, and remedies now provided for by the Act creating the City Court of Tifton, excepting that of trial by jury, and those incident thereto, shall be the same at all of the terms, monthly and quarterly. Jurisdiction; monthly and quarterly terms. Be it further enacted that Section 1 of the Act creating the City Court of Tifton, approved August 21, 1906, and as amended by Act approved August 22, 1907, and as amended by Act approved August 17, 1908, be and the same is hereby amended by striking from the eighth line thereof the words twelve hundred and inserting in lieu thereof the words eighteen hundred, so that said section as amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 1 of the Act approved August 22, 1907, amending Act to create and establish the City Court of Tifton, approved August 21, 1906, be, and the same is hereby amended by striking therefrom the words one thousand, and inserting in lieu thereof the words

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eighteen hundred so that said Section, as amended, shall read as follows: `The Judge of the City Court of Tifton shall receive a salary of eighteen hundred dollars per annum, which shall be paid monthly out of the treasury of Tift County, and said Judge shall receive no other compensation as such Judge'. Act of 1907 amended. Judge's Salary Be it further enacted that Section 3 of the Act approved August 21, 1906, be stricken in its entirety, and the following inserted in lieu thereof: Act of 1906, Sec. 3 Stricken. Section 3. There shall be a Judge of said City Court of Tifton, who shall be appointed by the Governor and said appointment confirmed by the Senate. The present judge of the City Court of Tifton shall hold office until the expiration of his present commission, and that said appointment shall be for a term of four years, and in case of vacancies caused by death, resignation or otherwise, the Governor shall appoint a Judge to fill such vacancy, such appointee to hold office for the unexpired term of said Judge. New Sec. 3. Judge. Appointment. Term of office. Vacancies. Be it further enacted that Section 6 of the Act creating the City Court of Tifton, approved August 21, 1906, be and the same is hereby amended by striking from the second line of said section the word elected and inserting in lieu thereof the word appointed, and by striking from the third line thereof the word elected an inserting in lieu thereof appointed, and by striking from the fourth line thereof the words the first day of January, 1907, and inserting in lieu thereof the words The first day of January, 1927, and by striking from the fifth line thereof the word two, and inserting in lieu thereof the word four, and by striking from the sixth line thereof the word selected and inserting in lieu thereof the word appointed, and by striking the balance of said section beginning with the twenty-first line thereof, beginning with the words The Solicitor of the said City Court and striking the entire balance of said section,

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so that said section, when amended, shall read as follows: Sec. 6 amended. Sec. 6. There shall be a Solicitor of said City Court, who shall be appointed at the same time and in the same manner that the Judge of said Court is appointed; his term of office shall commence on the first day of January, 1927, and he shall be commissioned by the Governor for a term of four years from that date. His successor shall be appointed and chosen in the same manner as the successor of the Judge of said Court, and vacancies in the office of Solicitor shall be filled in like manner. Said Solicitor shall be prosecuting officer of the City Court of Tifton; must be at least twenty-five years of age at the time of his appointment; and must have been a resident of the territory embraced in the County of Tift at least two years immediately preceding his appointment. It shall be the duty of such Solicitor to represent the State of Georgia in all cases in said City Court in which the State shall be a party; and in the Supreme Court or Court of Appeals in such cases on writs of error from said City Court. He shall give bond in the sum of $1,000.00 for the faithful performance of the duties of his office; such bond to be made payable to the Governor of Georgia, approved by the Judge of said Court and entered upon its minutes. To be rwad. Solicitor. Apportionment. Term of office. Vacancies. Eligibility. Duties. Bond. Be it further enacted that Section 2 of the Act amending the Act creating the City Court of Tifton, approved August 22, 1907, be and the same is hereby amended by striking from the sixth line of said section the words twelve hundred and inserting in lieu thereof the words eighteen hundred and by striking from the twentieth line of said section the word and, and inserting in lieu thereof the words or otherwise, so that said section when amended, shall read as follows: Act of 1907 amended. Section 2. Be it further enacted, that the Act creating and establishing the City Court of Tifton, approved August 21, 1906, be amended by striking from said Act

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paragraph 5 of Section 6, and also striking from said Act Sections 7, 8 and 11, and inserting in lieu thereof the following: The Solicitor of the City Court of Tifton shail receive a salary of twelve hundred dollars per annum, to be paid monthly from the county treasury of Tift County, and he shall receive no other fee or compensation except that in all criminal cases carried up from the City Court of Tifton to the Supreme Court, or Court of Appeals, the Solicitor shall receive the same fees now paid the solicitor-general for like services, to be paid in the same manner as solicitors-general are now paid for such services. That all fines and forfeitures collected, and all money arising from the hire of conviets, shall be paid over to the county treasurer of Tift County to be used as other county funds. That the county authorities of Tift County shall draw warrants on the county treasurer of Tift for such costs as may be due the Clerk, Sheriff, [Illegible Text] of the peace, [Illegible Text] and other officers in criminal cases tried, convieted or otherwise disposed of in the City Court of Tifton on orders approved by order of the Judge of said court. Sec. 2 read. Solicitor's Salary. Fines and forfeitures. Be it further enacted that Sections 7 and 8 of the Act of 1909, amending the Act creating the City Court of [Illegible Text] on, approved August 10, 1909, be stricken. Act of 1909, Sec. and 8 stricken Be it further enacted, that Section 11 of the Acts of 1906, approved August 21, 1906, be amended by striking in the first line thereof the word Solicitor, and inserting in lieu thereof the word Clerk, and by striking in the fourth line thereof the word Solicitor, and inserting in lieu thereof the word Clerk, so that said Section, when amended, shall read as follows: Act of 1906. amended. Section 11. The Clerk of the City Court of Tifton shall have control of the fine and forfeiture fund arising in said court, and shall pay out the same on orders approved by the Judge of said City Court; and such Clerk shall after the November term of said City Court, in each and every year, pay over to the county treasurer the balance

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of the fine and forfeiture fund remaining in his hands after all legal claims against such fund have been satisfied. Sec. 11 read. Clerk. Be it further enacted that Section 12 of the Act entitled an Act to create the City Court of Tifton, approved August 21, 1906, be and the same is hereby amended by striking from said section the words and provided further that no per diem shall be allowed said Clerk, Sheriff or their deputies for services in said City Court, and inserting in lieu thereof the following: That the Clerk of said court, the Sheriff and his deputies shall be allowed the same per diem for attendance upon the court as such officers are allowed for attendance upon the Superior Courts of this State, so that such section, as amended, shall read as follows: Sec. 12 amended. Section 12. The Clerk and the Sheriff and their deputies of the Superior Court of Tifty County shall be ex-officio clerk, sheriff and deputies of said City Court, and for services rendered in said City Court shall be entitled to the same fees as are allowed them by law in the Superior Court, except where otherwise provided herein; and provided further, that the Clerk of said Court, the Sheriff and his deputies shall be allowed the same per diem for attendance upon the Court as such officers are allowed for attendance upon the Superior Courts of this State; provided further, that if the Clerk or Sheriff of the Superior Court shall not be able to discharge the duties of Clerk or Sheriff of said Court, then the Judge of said Court shall have power and authority to appoint a Clerk or Sheriff pro tem, who shall have the same powers and receive the same costs that the Superior Court Clerk or Sheriff receive for like services. To be read. Fees of clerk and Sheriff. Be 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, 1925.

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TITLE II. SOLICITORS-GENERAL, SALARIES, ETC. ACTS. Atlanta Circuit; Salaries of Assistants. Atlanta Circuit; Special Commission Abolished. Blue Ridge Circuit; Salary. Cherokee Circuit; Fee System Abolished; Salary. Cherokee Circuit; Salary and Funds. Macon Circuit; Salary; Payment by Peach County. ATLANTA CIRCUIT; SALARIES OF ASSISTANTS. No. 409. An Act to amend an Act approved August 11, 1924, set out in the published Acts of the General Assembly of 1924, page 255, et seq., said Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, as applied to the office of the Solicitor-General in said Circuit, providing for the appointment of assistants to the Solicitor-General, providing for the payment of salaries to the Solicitor-General, to the said assistants, and to clerks and other employees, and providing for the disposition of fines, forfeitures and fees accruing to the office of Solicitor-General in the said Atlanta Judicial Circuit, by adding the words not more than seven thousand dollars per annum after the words shall be in the thirteenth line, and by inserting the words not less than five thousand dollars per annum after the words shall be in the fifteenth line of Section 5 of said published Act, and by adding the words said salaries to be fixed by the Commissioner of Roads and Revenues of Fulton County after the

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words per annum in the sixteenth line of said Section. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly, approved August 11th, 1924, and set out in the published Acts of the General Assembly of 1924, page 255, et seq., is amended by adding the words not more than seven thousand dollars per annum after the words shall be in the thirteenth line of Section 5 of said Act and by adding the words not more than five thousand dollars per annum after the words shall be in the fifteenth line of said Section 5; and by adding the words said salaries to be fixed by the Commissioner of Roads and Revenues of Fulton County after the words per annum in the sixteenth line of said section; so that said Section 5, when amended, will read as follows: Act of 1924 amended. The Solicitor-General of 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. Sec. 5 read. The salary of the first Assistant Solicitor-General shall be not more than seven thousand dollars per annum, and the salary of the second Assistant Solicitor-General shall be not more than five thousand dollars per annum, said salaries to be fixed by the Commissioners of Roads and Revenues of Fulton County, the same to be paid in equal monthly installments out of the treasury of Fulton County, as a part of the operating expenses of

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the Court, the funds therefor to be provided in the same manner as the other operating expenses of said Court. Salary of 1st Assistant, $7,000; of 2nd Assistant, $5,000. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this amendment to said Act be and the same are hereby repealed. Approved August 26, 1925. ATLANTA CIRCUIT; SPECIAL COMMISSION ABOLISHED. No. 32. An Act to be entitled An Act to amend an Act entitled: 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 accuring 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, accuring 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 accuring 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. Approved

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August 11th, 1924, and as published in the Acts of 1924, page 255 et seq., by striking the following words in the last two lines of Section 6 of said act, to-wit: Is made subject to the approval of the commission created in Section 10 hereof; and by striking all of Section 10 of said act and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the approval of this act, the act entitled 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. Approved August 11th, 1924, and as amended by striking the following words in the last two lines of Section 6 of said Act: Act of 1924 amended. is made subject to the approval of the commission created in Section 10 hereof. Salaries.

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Sec. 2. Be it further enacted by the authority aforesaid that the Act aforesaid shall be further amended from and after the passage of this Act by striking from said Act aforesaid all Section 10 thereof. Sec. 10 stricken; Commission abolished. 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 July 22, 1925. BLUE RIDGE CIRCUIT; SALARY. No. 92. An Act to amend an Act approved August 15, 1921, entitled An Act to amend an Act approved August 20, 1918, entitled `An Act to abolish the fee system now existing in the Superior Courts of the Blue Ridge Judicial Circuit, as applied to the office of Solicitor-General, and all fees now, heretofore or hereafter accruing to the office of Solicitor-General in said Circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said Solicitor-General in addition to the salary prescribed in Paragraph 1 of Section 13 of Article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures and fees, including insolvent costs, accruing to the office of Solicitor-General in said Judicial Circuit; to impose certain duties upon the Cerks of the Superior Courts of the Counties composing said Circuit, and upon the Solicitor-General of said Circuit in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of Solicitor-General; to provide for the levy and collection of a tax by the County authorities of the various Counties composing said Circuit, for the purpose

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of paying the salary of said Solicitor-General; and for other purposes,' by striking from the second and thirty-third lines of Section 2 of said Act the figures $3,500.00 and inserting in lieu thereof the figures $4,250.00 so as to increase the salary of the Solicitor-General of said Circuit to $4,250.00 per annum, in addition to the salary of two hundred and fifty ($250.00) prescribed in Paragrph 1, Section 13, of Article 6 of the Constitution of this State, and the compensation provided in Section 5, of said Act, by striking from the seventh, eighth, tenth, twelfth and fifteenth lines of Section 1 of said Act of August 15, 1921, the figures $4,250 and inserting in lieu thereof the figures $5,750 so as to increase the salary of the Solicitor-General of said circuit to $5,750 per annum in addition to the salary of $250 prescribed in Paragraph 1, Section 13 of Article 6 of the Constitution of this State, and the compensation provided in Section 5 of said Act, approved August 20, 1918. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that Section 1 of an Act approved August 15, 1921, pages 400 and 401 of the Georgia Laws 1921, which was an Act amendatory of an Act approved August 20, 1918, be and the same is hereby amended as follows: By striking the figures $4,250 in the seventh, eighth, tenth, twelfth and fifteenth lines of Section 1 of said Act of August 15, 1921, and inserting in lieu thereof the figures $5,750 so as to make the salary of the Solicitor-General of the Blue Ridge Judicial Circuit the sum of $5,750 per annum in addition to the constitutional salary of $250 as designated in the Act approved August 20, 1918, and the compensation provided in Section 5 of the Act approved August 20, 1918, said salary of $5,750 and the constitutional salary of $250 shall be in full payment of all services of said Solicitor-General, and all traveling and other expenses, and for all sums paid out by said Solicitor-General for clerical aid and legal assistance engaged or employed by him, except as provided by law to Solicitors-General. Act of 1921 amended. Salary $5,750 plus $250.

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Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1925. CHEROKEE CIRCUIT; FEE SYSTEM ABOLISHED; SALARY. No. 180. An Act to abolish the fee system now existing in the Superior Courts of the Cherokee Judicial Circuit, as applied to the office of Solicitor-General, and all fees now, heretofore and hereafter accruing to the office of Solicitor-General in said circuit in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said Solicitor-General, in addition to the salary prescribed in Par. 1 of Sec. 13 of Article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures and fees including insolvent costs accruing to the office of Solicitor-General in said Judicial Circuit; to impose certain duties upon the clerks of the Superior Courts of the counties composing said circuit, and upon the Solicitor-General of said circuit in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of Solicitor-General; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit; for the purpose of paying the salary of said Solicitor-General, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, as follows: Section 1. The fee system now existing in the Superior Courts of the judicial circuit, as applied to the office of Solicitor-General, and all fees now or heretofore or

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hereafter accruing to the office of Solicitor-General in said judicial circuit be and the same are hereby abolished in so far as the same constitutes the compensation of said Solicitor-General; but the same schedule of fees and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as provided by Section 3 of this Act, and the Solicitor-General of said judicial circuit shall hereafter be paid a salary, as hereinafter provided in lieu of fees as under the present system. Fees paid into treasuries. Sec. 2. The salary of the Solicitor-General of said judicial circuit shall be the sum of $4,500.00 per annum in addition to the salary of $250.00 per annum prescribed in Paragraph 1, Section 13 of Article 6 of the Constitution of this State, which said salary, additional to the Constitutional salary of $250.00 per annum, shall be paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all the counties in said circuit, according to the official federal census of 1920, until completion and promulgation of the next official federal census, and then in like manner, according to such succeeding federal census, and so on, according to each succeeding official census, except those counties in said circuit which now have or may hereafter have City or County Courts, with jurisdiction over misdemeanor crimes, shall pay to said salary on the basis as fifty per cent of their population bears to the total population of all the counties of said Circuit. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters, in such of said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to said Solicitor-General quarterly, in each year, out of the fund of said counties; that is to say, on the first days of April,

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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 and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties, said salary of $4,500.00 and the constitutional salary of $250.00 shall be full payment for all the services of said Solicitor-General, for all traveling and other expenses and for all sums paid out by the said Solicitor-General for clerical aid and legal assistants engaged or employed by him, except as provided in Section 5 of this Act. Salary $4,500 plus $250. Payment pro rata by counties. Sec. 3. In the distribution among officers of the court of all costs, both in particular cases or matters and all insolvent costs and all fines, forfeitures and fees paid into the Superior Courts of the counties composing said judicial circuit, or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the Solicitor-General of said circuit, and any former Solicitor-General, and shall stand in their places and stead, and shall be entitled to all funds, moneys and emoluments accruing to said office in said judicial circuit; and hereafter when orders on the insolvent fund or other judgment or finding are entered or approved in behalf of other officers of court, instead of the same being entered and approved in the name of the Solicitor-General (as under the present system, the same shall be entered and approved in the name of the Solicitor-General) for the use and benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs and all fines, forfeitures, and fees, and all funds, moneys and emoluments accruing to the office of Solicitor-General in said judicial circuit, under any laws heretofore or now existing or which may hereinafter

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be enacted, shall be collected by the clerks of Superior Courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries of their respective counties, all of which said counties; that is to say, all sums collected from any and all cases or matters arising in the particular county shall be paid by said clerk into the treasury of that county, and shall become the property of such county; said clerks shall make written reports, under oath, of the amounts so collected, and make payments and remittance thereof to the treasurers or other custodians of county funds of said counties, within thirty days after the adjournment of each term of court held in their respective counties; and shall furnish a duplicate of said sworn statement to the ordinaries, county commissioners, or other county authorities of such counties at the time of making such statement and remittance to said county treasurers. And upon the failure of said clerk to pay all such funds in his possession into the treasury of said county, according to the terms and provisions of this Act, the proper county authorities whose duty it now is to issue execution against defaulting tax collectors and county treasurers, shall have the power, and it shall be his duty, to issue execution in like manner against the clerk of said court and his bondsmen for such sums as said clerk may have failed to pay into the treasury; and said clerk shall have the right or his bondsmen shall have the right, to file any defense to said execution by affidavit of illegality that he or his bondsmen could file and plead if suit were filed upon his bond. The proceedings in all such cases shall be governed and controlled in the same manner as now provided by law in cases where execution is issued against defaulting collectors, both as to the enforcement of said execution and any defense filed thereto. Said clerks of the Superior Courts of said counties shall keep an accurate, detailed and exact record of all fees and emoluments, including insolvent costs, earned by the said Solicitor-General of said circuit, from any and all sources whatsoever, arising their respective

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counties, and likewise keep a record of all sums collected by them, under the provisions of this Act, and paid by them into the treasuries of their respective counties; and their books, records and vouchers relating thereto shall be open to the inspection of the public, as other public records, and shall be the subject of investigation and inquiry by the grand juries of said counties, and shall be audited whenever the books and records of other county officials are audited. Distribution of costs; Counties subrogated to Solicitor-General. Collection. Duties of clerks. Record. Sec. 4. The Solicitor-General of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected from any source whatsoever in the various counties of said circuit, and at the conclusion of each term of court he shall review and verify the books, records, and vouchers of said clerks, as to all fees earned and costs collected, and it shall be his duty at all times to exercise supervision over the collection of all said fines, fees and forfeitures in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries of said counties; and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums whenever it becomes necessary. Solicitor's accounts. Supervision. Sec. 5. Nothing in this Act shall be construed to affect the fees now allowed by law to Solicitors-General of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State and in proceedings to validate bonds. Current fees for appearance in Supreme Court and Court of Appeals not affected. Sec. 6. This Act shall not go into effect until the first day of August, 1925. Effective not before Aug. 1, 1925. Sec. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1925.

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CHEROKEE CIRCUIT; SALARY AND FUNDS. No. 112. An Act to repeal an Act approved August 20, 1918, entitled An Act to abolish the fee system now existing in the Superior Courts of the Cherokee Judicial Circuit, as applied to the office of Solicitor-General, and all fees now, heretofore or hereafter accruing to the office of Solicitor-General in said circuit insofar as the same constitute the compensation attached to said office, to provide for the payment of a salary to said Solicitor-General, in addition to the salary prescribed in Paragraph 1 of Section 13 of Article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures and fees, including insolvent costs, accruing to the office of Solicitor-General in said judicial circuit; to impose certain duties upon the clerks of the Superior Courts of the counties composing said circuit, and upon the Solicitor-General of said circuit, in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of Solicitor-General; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said Solicitor-General, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby exacted by authority of the same, that from and after the passage and approval of this Act that the above entitled Act be and same is hereby repealed. Act of 1918 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall become effective August 1st, 1925. Effective Aug. 1, 1925. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1925.

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MACON CIRCUIT; SALARY; PAYMENT BY PEACH COUNTY. No. 263. An Act to fix the salary of the Solicitor General of the Macon Judicial Circuit, to be paid by Peach County in said Judicial Circuit, to provide for the disposition of the fines, forfeitures and fees, including insolvent costs, arising in the Superior Court of Peach County, and to impose certain duties upon the Clerk of the Superior Court of Peach County and upon the Solicitor-General of Macon Judicial Circuit with reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of the Solicitor-General of said Circuit, in so far as said County of Peach is concerned, and to provide for the levy and collection of a tax by the County authorities of Peach County for the purpose of paying the salary of said Solicitor-General, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The County of Peach, located in the Macon Judicial Circuit, shall pay to the Solicitor-General of said Circuit a salary of Eighteen Hundred Dollars ($1,800.00), per annum, beginning as of January 1st, 1925. For the year 1925, this salary shall be paid in one lump sum out of the taxes collected for the year 1925, and shall be due and payable on January 1st, 1926. For every succeeding year, after the year 1925, this salary shall be paid in monthly installments of One Hundred and Fifty Dollars ($150.00) per month, to be paid on the first day of each calendar month for the preceding month, beginning February 1st, 1926; provided, however, in the event a City Court is created and established for the said County of Peach, whether it be known as the City Court of Fort Valley, or the City Court of Peach County, from the time

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that the said court is organized and the salaries of its officers begin to accure the salary of the Solicitor-General of the Macon Judicial Circuit, to be paid by Peach County, shall be Twelve Hundred Dollars ($1,200.00) per year, payable in monthly installments at the end of each month in the amount of One Hundred Dollars ($100.00) each. Peach County to pay $1,800 per annum, beginning as of Jan, 1, 1925. $1,200 if City Court is created. Sec. 2. Upon the distribution among officers of Court of all costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees, in the Superior Court of Peach County, or which may become due and payable therein, the said County of Peach shall be subrogated to the rights and claims of the Solicitor-General of said Circuit, and any former Solicitor-General thereof, and shall stand in their place and stead, and shall be entitled to all funds, moneys, and emoluments which would accrue to said office in said Superior Court, or which may have heretofore accrued thereto under the fee system heretofore existing therein; and all orders on this insolvent fund, or other judgments or findings, shall be entered and approved, in so far as funds, moneys, and emoluments accruing to the office of Solicitor-General of said Judicial Circuit arising in the Superior Court of Peach County, may be concerned, in the name of said Solicitor-General for the use and benefit of Peach County. Distribution of costs; Peach County subrogated to Solicitor. Sec. 3. It is hereby made the duty of the Solicitor-General of said Circuit to collect all costs, both in particular cases, or matters, and all insolvent costs, and all fines, forfeitures and fees, accruing to the office of Solicitor-General of said Judicial Circuit, under any laws heretofore or now existing, that may arise in the Superior Court of Peach County, as well as under any laws that may hereafter be enacted touching the same; and said Solicitor-General, on or before the first day of January each year, shall pay the same over to the clerk of the Superior Court of Peach County in the same manner and under the same terms and conditions now provided by law as to the other counties in said Circuit; and the duties of the Clerk of the

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Superior Court of Peach County with reference thereto shall be the same as now provided by law as to the Clerks of the Superior Courts in other counties in said circuit. Collection of costs and fees. Sec. 4. The duties of the Solicitor-General of said Macon Judicial Circuit, with reference to an accounting with the clerk of the Superior Court of Peach County, and with reference to his settlement with other officers of court, and with reference to the collection of fines, fees and forfeitures, and other moneys and emoluments accruing to his office, or which would accrue thereto under the fee system, shall be the same as that now provided by law as to other counties in said circuit. Duties of Solicitor-General. Sec. 5. It shall be and it is hereby made the duty of the Ordinary of Peach County, or other county authorities having control of county matters, to make provision annually in levying tax for the expense of court, to levy and collect sufficient taxes to pay the salary of said Solicitor-General; and the power to levy taxes for such purpose is hereby expressly delegated to Peach County. Power to levy tax by Peach County. Sec. 6. The salary herein provided for shall in no wise affect the salary of $250.00 per annum, payable under existing law to the Solicitor-General of the said Judicial Circuit, out of the Treasury of the State; neither shall this Act be construed to affect the fees now allowed by law to the Solicitors-General of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State; nor shall anything in this Act be construed to affect the compensation of said Solicitor-General for special services now provided for under the general law. State salary of $250 not affected. Sec. 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 18, 1925.

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TITLE III. COUNTY MATTERS ACTS. Atkinson Depository; Act of 1923 Repealed. Bacon Board of Commissioners Abolished. Bacon Commissioner Created. Bacon Treasurer's Office Abolished; Depository Created. Barrow Board of Education; Elections and Terms. Bartow Commissioner; Act Amended. Bibb Anti-Tuberculosis Commission Created. Bibb County; Advertisement on Dixie Highway Prohibited. Brantley County; Fishing Regulated. Bryan Board of Commissioners; Act Amended. Bryan Depository Created. Bryan Treasurer's Office Abolished. Burke Tax Commissioner Created. Butts Board of Commissioners Abolished. Butts Board of Commissioners Created. Camden County; Fishing Regulated. Campbell Police; Civil Service Plan. Candler Board of Commissioners Abolished. Candler Board of Commissioners Created. Candler Commissioners; Reports. Candler Tax Commissioner Created. Carroll Depository; Surety Bond. Catoosa Commissioners; Compensation of Clerk. Charlton County; Fishing Regulated. Charlton County; Payment for Public Hospital at Folkston. Chatham Board of Commissioners; Act Amended. Chatham Commissioners and Ex-Officio Judges; Salaries. Cherokee County; Obstructions of Little River. Clarke Department of Health. Clayton Tax Commissioner Created. Cobb Commissioners; Clerk's Salary. Cobb Treasurer; Salary and Bond. Crisp Tax Commissioner Created. Dawson Board of Commissioners Created. Decatur Board of Commissioners Abolished. Decatur Board of Commissioners Created. Decatur Board of Commissioners, Election to Ratify. Decatur County; Fishing Regulated. Decatur Treasurer's Salary. DeKalb Commissioner, Compensation of. Dodge Commissioner; Clerk's Salary. Douglas Commissioner; Act of 1923 Repealed. Douglas Fishing Laws; Act of 1923 Repealed.

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Douglas Game Laws; Act of 1923 Repealed. Douglas Treasurer's Salary. Early Treasurer's Salary. Effingham Treasurer's Office Created. Elbert Commissioners; Act Amended. Elbert Tax Commissioner Created. Floyd Tax Collector's Salary. Fulton Commissioners, Compensation of. Fulton Commissioners; Compensation of Clerk. Gordon Tax Commissioner Created. Grady Treasurer's Office Abolished; Depositories Created. Greene Board of Commissioners Abolished. Greene Board of Commissioners Created. Henry Tax Commissioner Created. Irwin Commissioner; Act Amended. Irwin County Depository; Georgia State Bank to Replace Citizens Bank of Ocilla. Jones Commissioners; Elections to Fill Vacancies. Jones Treasurer's Office Abolished. Lamar Tax Commissioner Created. Lamar Tax Rate. Lamar Treasurer's Office Abolished; Depository Created. Lanier Board of Commissioners; Act Amended. Laurens Bond Commission; Act Amended. Laurens Commissioners; Elections and Bonds. Liberty Commissioners' Bond. Lincoln Tax Exemption Election. Macon Commissioners; Vacancies. Marion Board of Commissioners Abolished. Marion Board of Commissioners Created. Marion Tax Commissioner Created. Miller Board of Commissioners; Act Amended. Miller Road Superintendent Created. Mitchell County; Dog-Keeping Regulated. Muscogee Party Executive Officers. Muscogee Tax Exemption Elections. Oconee Board of Commissioners; Elections and Terms. Oconee Board of Commissioners; Elections and Terms. Oconee Treasurer's Election. Pickens Road Tax. Pierce Commissioner; Act Amended. Pierce Commissioner; Mileage Allowance. Pierce County; Fishing Regulated. Pierce County; Quail Shooting Regulated. Polk Tax Exemption Election. Quitman Treasurer's Salary. Richmond School Tax. Seminole Board of Commissioners Abolished. Sumter Tax Commissioner Created. Talbot Board of Commissioners; Elections. Talbot Commissioners, Compensation of. Taliaferro Sheriff's Patrol. Tattnall Board of Commissioners; Audits. Tattnall County; Fishing Prohibited. Tattnall Police Force Created. Telfair Bond Commission Created.

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Thomas Commissioners, Compensation of. Tift Commissioners, Clerk of. Treutlen Tax Commissioner Created. Troup Water Works Tax. Turner Board of Commissioners Created. Turner Tax Commissioner Created. Walker Tax Exemption Elections. Ware County; Fishing Regulated. Ware Public Hospital; Appropriation Authorized. Warren Board of Commissioners, Election to Abolish. Warren Commissioner Created. Wheeler Tax Commissioner Created. Wheeler Treasurer's Office Abolished; Depository Created. Wilcox Board of Commissioners Abolished. Wilcox Board of Commissioners Created. Wilkes Tax Exemption Election. ATKINSON DEPOSITORY; ACT OF 1923 REPEALED. No. 106. An Act to repeal an Act to amend an Act making the Merchants and Farmers Bank, Willacoochee, Georgia, the County Depository of Atkinson County, Georgia, approved August 20th, 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 the authority of the same, that the bill amending the Act making the Merchants and Farmers Bank, Willacoochee, Georgia, the county depository for Atkinson County, Georgia, recorded on pages 203 and 204 of the Georgia Laws, 1923, and approved August 20th, 1923, be and the same is hereby repealed. Act of 1923 repealed. Merchants and Farmers Bank not to be County Treasury. Sec. 2. Be it further enacted, that the County Commissioners of Atkinson County shall have the power and authority to designate what bank or banks shall be county depository, and fix the amount of bond to be required of said depository. Designation of depository.

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Sec. 3. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 3, 1925. BACON BOARD OF COMMISSIONERS ABOLISHED. No. 125. An Act to repeal an Act of the General Assembly of the State of Georgia approved August 19, 1919, as amended August 20th, 1923, and as amended August 1st, 1924, 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 qualification, and for 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 and adoption of this Act that an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Bacon, and to provide for the appointment and election of members thereof, to define their duties and powers, and describe their qualifications, and for other purposes, approved August 19th, 1919, as amended August 20th, 1923, and as amended August 1st, 1924, be and the same is hereby repealed. Act of 1919 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 3, 1925.

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BACON COMMISSIONER CREATED. No. 124. An Act to create the office of Commissioner of Roads and Revenues of the County of Bacon to provide for his election and his recall; to provide for a Commissioner until the first Commissioner is elected and qualified under this Act; to prescribe the term of office of Commissioner so elected; and to 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 the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage and adoption of this Act, the County affairs of Bacon 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 Bacon County, Georgia, is hereby created and established. Office created. Sec. 2. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues provided for in Section 1 of this Act shall be elected by an Advisory Board hereinafter provided for, who shall hold the office of Commissioner of Roads and Revenues of Bacon County, Georgia, from his selection as hereinafter provided for until January 1st, 1929, or until his successor is duly elected and qualified according to the provisions of this Act. Election by Advisory Board. Sec. 3. Be it further enacted by the authority aforesaid, that the successor to the Commissioner who shall be elected by the Advisory Board as hereinafter provided for shall be elected by the qualified voters of said County at the general election held in said county in the year 1928, to serve for a term of four years, beginning January 1st,

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1929, and thereafter the term of said Commissioner shall be for a period of four years. Election of successor by qualified voters. Term of office. Sec. 4. Be it further enacted by the authority aforesaid, that in order to be eligible to hold the office of said Commissioner the applicant or candidate for said office must have attained the age of thirty years, must have resided in said county of Bacon for four years immediately preceding the term of office to which he aspires, must be of good moral character and must have some practical business experience and at least a general knowledge of bookkeeping and a High School education. Eligibility. Sec. 5. Be it further enacted by the authority aforesaid, that the managers of the election held under this Act shall consolidate the returns of said election as provided by law for a general election held in said County and certify the results to the Ordinary of Bacon County and said Ordinary shall issue Commissions or certificates of appointment to the successful candidates or Commissioner or members of the Advisory Board as hereinafter provided for and he shall likewise issue commissions or certificates to members of said Advisory Board or Commissioners selected to fill vacancies for unexpired portions of terms. Said Ordinary shall likewise commission the first Commissioner of Roads and Revenues of Bacon County elected by the Advisory Board hereinafter provided for. Election returns. Advisory Board; certificates. Sec. 6. Be it further enacted by the authority aforesaid, that said Commissioner before entering on the discharge of the duties of his office shall give bond with good security, approved by the Ordinary of said County in the sum of Ten Thousand Dollars, payable to the Ordinary of the County of Bacon and his successors in office and conditioned for the faithful discharge by said Commissioner of his duties and the carrying out of the conditions thereof. Said bond may be 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 Commissioner and his

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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 malpractice. Premiums on said bond to be paid out of the public funds of Bacon County. Bond of Commissioner. Sec. 7. Be it further enacted by the authority aforesaid, that said Commissioner before entering upon the discharge of the duties of his office, shall make and subscribe to an oath before the Ordinary of the County of Bacon to faithfully discharge his duties as Commissioner of Roads and Revenues of the County of Bacon to the best of his skill and knowledge and to carry out the provisions of this Act to the best interest of the county. Oath Sec. 8. Be it further enacted by the authority aforesaid, that the compensation of said Commissioner shall be Eighteen Hundred Dollars per annum and the additional sum of Five cents per mile for traveling expense for each mile traveled in going from place to place in the discharge of his duties as Commissioner of Roads and Revenues of Bacon County. Said Commissioner shall also be made an allowance of Thirty Dollars per month for clerk hire, provided he needs it but he may act as his own clerk. If he employs a clerk he shall be liable for the conduct, or misconduct, of said clerk, and it shall be his duty to see that said clerk faithfully performs all duties intrusted to him. Compensation. Clerk. Sec. 9. Be it further enacted by the authority aforesaid, that in case of a vacancy in the office of the Commissioner, by reason of death, resignation or otherwise, the Ordinary of said County shall serve as his successor until his successor is elected and qualified; such vacancy shall be filled at a special election called by 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 County elections shall govern regular and special elections held under this Act. Vacancy.

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Sec. 10. Be it further enacted by the authority aforesaid, that the Commissioner shall have, and 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, private ways, bridges and ferries in conformity to law; in establishing, abolishing or changing election precincts and militia districts, according to law; in supervising the tax collector's and tax receiver's books and in allowing the insolvent list of 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 have the care, management, keeping, collection or disbursement of money belonging to the County or appropriated for its use and benefit and bringing them to a settlement, and especially is he charged with frequently examining and auditing the books of the County Treasurer or Depository, the tax collector, the 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 controling, caring, calling and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county, according to law, in promoting and preserving the health of the County, with authority to quarantine against the various diseases and epidemics, according to law, in regulating and fixing licenses fees as authorized by law; in providing for the levying 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

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all road defaulters, in accordance with the law and generally to have and exercise all powers heretofore vested in the Board of Commissioners of Roads and Revenues of Bacon County, 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 said county whose election or appointment is not otherwise provided 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 appointments of said Commissioner shall be subject to suspension or dismissal at any time and no appointee so suspended or dismissed shall be entitled to any salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Jurisdiction and powers. Sec. 11. Be it further enacted by the authority aforesaid, that said Commissioner shall have authority to employ a competent attorney-at-law as county attorney to advise him and to represent the county in any litigation now pending, or which may arise in which said county is a party. Said attorney may be retained only in an advisory capacity, or in the event of litigation, the Commissioner may make such agreement with said attorney, or any other attorney, for legal representation, as he may deem advisable. Whenever it is deemed necessary, the Commissioner may employ additional counsel to assist the county attorney, and provided further that either, the Judge of the City Court of Alma or the Solicitor thereof, are eligible to act in this capacity where it does not conflict with the duties of their respective offices. Employment of county attorney. Sec. 12. Be it further enacted by the authority aforesaid, that said Commissioner shall have entire control and management of the convicts of the said county sentenced to work upon the roads or works of said county, and all

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convicts of this State assigned to the county by the proper authorities of the State, and shall employ them according to law and under such plans of working, building, repairing and maintaining the public roads, bridges and works of said State and County, as may now or hereafter be adopted, or in force by law in said County. Control of convicts. Sec. 13. Be it further enacted by the authority aforesaid, that said Commissioner shall select an office in the court house of Bacon County, and shall select one regular day of each week in which he shall remain in said office for the transaction of public business in connection with the discharge of his duties as Commissioner, and the remainder of his working time in each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, measure and deliver supplies to the convict camp, the direction and management of said camp in the most economical manner, and generally the affairs of the county. He shall devote his entire time to the discharge of his duties as such Commissioner and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Office and hours. Entire time to be devoted to 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 keep a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by him on the Count 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 and 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,

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date when purchased, from whom purchased, the price paid therefor and for which department purchased and use. 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. 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 the supplies and equipment therefor and pay of 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, or to any other person interested in the same. Books and records. Sec. 15. Be it further enacted by the authority aforesaid, that said Commissioner at the end of each quarter, shall make up a condensed statement showing all amounts collected and expended on behalf of the county during that quarter. He shall varify such statement by an affidavit; as follows: I,.....Commissioner of Roads and Revenues of Bacon 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 one whomsoever through any transaction in my office, so help me God. Signed.....Sworn to and subscribed before me this day of.....19..... Said statement shall be published in the official organ of the County, provided the Commissioner can arrange for its publication, at a satisfactory price, not to exceed in any event, one dollar per one hundred

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words: If the Commissioner can not obtain the publication of said account or statement at a satisfactory price by the official newspaper, or some other newspaper published in the county, then he shall erect a bulletin board in the rotunda of the court house and post such account or statement thereon. Statements quarterly. Affidavit. Publication. Sec. 16. Be it further enacted by the authority aforesaid, that it shall be unlawful for said Commissioner of Roads and Revenues to employ any person related to him within the third degree, 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, in sums greater than fifty dollars, except when bids are received for equipment, material or supplies, or for work to be done on the public roads, bridges or other works of the county upon full specifications and due advertising in regard thereto, and a person so related to said Commissioner submits a bid and is the lowest bidder therefor. Posting of notice at the courthouse door of said 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 like-wise be unawful for said Commissioner to have any financial interest in the sale or purchase of any articles to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the County, or the awarding of any contract for said County, and if any Commissioner shall violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in section 1065 of the Penal Code of Georgia, of 1910, and shall forfeit his office, and such conviction shall create a vacancy in said office, which shall be filled by an election as provided in Section 9 of this Act. Employment of relatives. Bids. Notice. Penalty for violation.

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Sec. 17. Be it further enacted by the authority aforesaid, that no material for public buildings, bridges or roads shall be purchased by said Commissioner, for the County, except upon written specifications as to quality, and all such material must be suitable for the purpose intended and of good quality and generally recognized as standard for the purpose to be used. Metal culverts shall be bought according to size and gauge and such as recognized by the State Highway Department as standard for road purposes. All laws of Georgia as to competitive bidding for all such materials shall be strictly observed. Purchase of materials Sec. 18. Be it enacted by the authority aforesaid, that said Commissioner may receive contributions for the improvement of the public roads of the county from any person who owns property along the same, or from any other person who may be interested in the improvement of the road, 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 for any misappropriation of any such funds on said bond. Contributions for road improvement Accounts and receipts. Sec. 19. Be it further enacted by the authority aforesaid, that it shall be the duty of the said Commissioner, in all roads and bridge work done in said County, to keep always in view what will be to the greatest good to the greatest number, and this policy shall be uniformly observed by said Commissioner. Policy of greatest good for greatest number. 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 and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in

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his office and familiarize himself with all 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. Connection with Highway Department. Sec. 21. Be it further enacted by the authority aforesaid, that for the purpose of counselling and advising with the Commissioner of Roads and Revenues as provided for in this Act, there shall be an Advisory Board in and for said County composed of seven members from Militia Districts as follows: One member from the Douglas Militia District number 1390; one member from the Rockingham Militia District number 1728; one member from the Louisville Militia District number 1731; one member from the Coffee Militia District number 1729; one member from the Ware Milita District number 1732; one member from the Warnock Militia District number 1730; one member from the Taylortown Militia District number 1528. The first members of said Board shall be C. L. Sibley, for the Douglas District; J. W. Altman, for the Rockingham District; J. G. Barber, for the Louisville District; L. A. Carter, for the Coffee District; O. L. Taylor, for the Ware District; E. W. Wornock, for the Wornock District; W. S. Tanner, for the Taylortown District. The said named members of said Board shall hold office until January 1st, 1929, and until their successors are elected and qualified. Advisory Board created. Members. The successors to said named members of said Advisory Board shall be residents of said named districts respectively and shall be elected by the qualified voters of Bacon County at the general State election held in 1928, for a term of four years, and thereafter the said members of said Advisory Board shall be elected every four years at the first general State election held immediately prior to the expiration of the terms of office of the incumbents. The said Advisory Board shall be called into session by the Ordinary of Bacon County within fifteen days after the passage and adoption of this Act, at the court house of

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said County, for the purpose of electing a Commissioner of Roads and Revenues of said County as herein provided for, and said Commissioner shall be elected by a majority vote of all the members of said Advisory Board and the said Commissioner, after such election, shall thereupon be commissioned by the Ordinary of said County and shall immediately enter upon the discharge of the duties of his office after giving bond and taking the oath as hereinbefore provided for. Successors to be elected. Term of office. Session Election of Commissioner. Said Advisory Board shall meet with the Commissioner of Roads and Revenues at his office at the Courthouse on the first Tuesdays in each month, or at such other time as the Board and said Commissioner may fix, and shall advise the said Commissioner and subject him to inquiry upon any and all matters connected with his official duties, to the end that people in every district of the County may keep in touch with the public business of said County through the members of said Advisory Board, but said Board shall not hold more than one meeting in each month. The said Board shall make such recommendations to the Commissioner as they may deem advisable, but no recommendation made by said Board shall be binding upon said Commissioner and no action taken by said Commissioner shall be subject to or depend upon authority from said Board. All recommendations made by said Board, however, shall be carefully considered by the said Commissioner shall be given due weight by him in determining what is for the best interest for the County. Meetings with Commissioner. Recommendations. The members of said Board shall each be paid in the sum of three dollars for each meeting which they attend. Compensation. Any vacancy in said Board by death, resignation, or otherwise, may be filled by other members of said Board. In the event of a tie in such elections the Commissioner shall be entitled to cast the deciding vote, and the person so elected to fill such vacancy shall be commissioned to hold such office for the unexpired portion of the term. Vacancies.

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Sec. 22. Be it further enacted by the authority aforesaid, that the Grand Jury sitting at the last regular term of Court in each year, shall appoint an expert accountant, or expert bookkeeper 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 1st day of January of the year following his appointment, and shall prepare an inventory of all property and material of the County on hand on that date, and make a report of such findings to the judge of the Superior Court of said County, who shall submit the same to the Grand Jury, at the first regular term of the Superior Court thereafter, which Grand Jury in its discretion may provide for the publishing of said report in the official newspaper of said County or in pamphlet form. The Grand Jury appointing such accountant or bookkeeper shall prescribe the amount to be paid him for his services. Audity of accounts. Report to Grand Jury. Sec. 23. Be it further enacted by the authority aforesaid, that it shall be the duty of Advisory Board as herein provided for at each monthly meeting to inquire into the official acts of said Commissioner and if said Advisory Board by unanimous vote thereof shall find that the Commissioner has violated any of the terms of this act, or that he has been wasteful or inefficient, or has wrongfully or fraudulently conducted the affairs of his office or is otherwise not qualified to manage the affairs of the office, then said Advisory Board so finding shall declare the office vacant, and the Clerk of the Superior Court shall call a special election to fill such vacancy as hereinbefore prescribed. However, before a vacancy shall be declared under the provisions of this Act, said Board shall grant a hearing to said Commissioner, and shall consider any

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showing made by him. A deposed Commissioner shall not have the right to be a candidate to succeed himself. Supervision by Advisory Board. Removal of Commissioner. Sec. 24. Be it further enacted by authority aforesaid, that if for any reason any section, provision, clause or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not effect or destroy the validity or constitutionality of any other section, provision, clause or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause or part so held to be invalid. Unconstitutional provisions not to affect whole. Sec. 25. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved August 3, 1925. BACON TREASURER'S OFFICE ABOLISHED; DEPOSITORY CREATED. No. 200. An Act to abolish the office of Treasurer of Bacon 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 counties 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; provide the duties of the Commissioner of Roads and Revenues of said county or the person or persons in charge of county affairs; 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 authority of the same, That from and after the first day of January, 1926, the office of County Treasurer of Bacon County, Georgia, shall be abolished, and said office from that date shall cease to exist. Office abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the Commissioner of Roads and Revenues of said County of Bacon, or the person in persons in charge of the affairs of Bacon County, shall select some duly incorporated bank or banks in said County to act as a 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 Bacon County, Georgia, when and while so selected, and appointed by said Commissioner or other person or persons in charge of County affairs, are hereby designated as depositories, and disbursing agents for County funds. Said Commissioner or other person or persons in charge of County affairs 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 offer on the daily balance of the fund of the County. If no bank offer to pay interest, then said County Commissioner or the person or persons in charge of County Affairs shall in his or 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 Commissioner or other person or persons in charge of County affairs 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

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depository, and disbursing agent until it shall have given a surety bond in the sum of at least twenty-five thousand dollars payable to said Commissioner or other person or persons and their successors in office in charge of Bacon County affairs, conditioned for the safe keeping and accounting of all funds that may come into its custody, by reason of its acting as such depository, and for the faithful performance of all the duties pertaining to said depository; said bond to be approved by said County Commissioner or other person or persons in charge of the affairs of Bacon County. Bond. It shall be within the power of said Commissioner or person or person in charge of the affairs of Bacon County to call upon said bank to increase the amount of or to strengthen said bond, at any time that he, or they, may deem it necessary and in default of the same being done to revoke the appointment of such bank as depository and disbursing agent. 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 Commissioner or person or persons in charge of County affairs, or their predecessors, when presented for payment. The responsibility for the legality of such orders or warrants is placed on said Commissioner or person or persons who or who have been in charge of County affairs. (2) To take a receipt on such order when paid and carefully file it away. (3) To keep a well bound book in which shall be entered all receipts, stating when received, from whom, and on what account, all amounts paid out, stating when paid, to whom, and on what account. (4) To keep a well bound book in which shall be entered a 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. Orders. receipts. Books

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(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 appear before said Commissioner or other person or persons in charge of County affairs whenever notified, and to appear before any Grand Jury, on request, to render an account of its actions, and doings, as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. (7) To perform all other duties essential to the proper receiving and disbursing of the County finances which have been, or may hereafter be necessary. Orders. Receipts. Books. Collections and disbursements. Reports. Other duties. Sec. 6. Be it further enacted by the authority aforesaid, That said Commissioner or other person or persons in charge of County affairs shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositories and disbursing agents as may be necessary and said depositories and disbursing agents shall be just as much bound to observe the same as they are bound to observe other provisions of this Act. Directions by Commissioner. Be it further enacted by the authority aforesaid, That said Commissioner or person or persons in charge of County affairs shall appoint such depository and disbursing agent or depositories and disbursing agents, and such bond or bonds shall be given on or before this Act shall go into effect or before said depository and disbursing agent shall assume its duties as such, and the County Treasurer of said County when this Act goes into effect shall upon request deliver to such depository and disbursing agent, as he may be directed by said Commissioner or other person or persons in charge of County affairs, all County funds in his hands and he shall at the request of the Commissioner deliver to said Commissioner or those in charge of County affairs, all records, books and papers that he may have pertaining to his office. Payment of funds to depository.

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Sec. 8. Be it further enacted by the authority aforesaid, That in case said Commissioner or other person or persons in charge of the affairs of said County shall be unable to make satisfactory arrangements with any bank in said County as to its becoming such depository and disbursing agent or in case it should come to pass that there should be no incorporated bank in said County, then said Commissioner, or person or persons in charge of County affairs shall have the authority to appoint some person as receiving and disbursing agent, who is a resident of said County, whose duties and liabilities shall be the same as are now required of County Treasurers of Georgia, and said person so appointed shall give bond payable to the Ordinary of said County conditioned for the faithful performance of his duty as such receiving and disbursing agent with security or securities to be approved by said Ordinary in a sum named by said Commissioner or person or persons in charge of County affairs but not less than twenty-five thousand dollars. The Compensation of said person shall be fixed by the Commissioner or other person or persons in charge of County affairs, but in no event shall it exceed the sum of three hundred 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 Commissioner or person or persons in charge of County affairs; in the event a surety company bond is required of him the premium on the same shall be paid also out of the County's funds by proper order. The paying of the bond premiums and the buying of the records shall also apply when a bank or banks are named as such depository and disbursing agent under the provisions of this Act. Individual to be appointed as depository, when. Bond. Compensation. Records. Premium on bond. Sec. 9. Be it further enacted by the authority aforesaid, That such depositories and disbursing agents shall at least once in every two months submit to said Commissioner or other person or persons in charge of County affairs an itemized and detailed statement of all receipts

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and disbursements by it of the funds of said County which statement shall be duly verified by the oath of its cashier or by the disbursing agent as the case may be, which statement shall at all times be open for public inspection to any party interested and shall be published in a newspaper having a general circulation in said County of Bacon. Statements bi-monthly. Sec. 10. Be it further enacted by the authority aforesaid, That the term of such depository and disbursing agent shall be for a period of two years from January 1st, 1926, and thereafter shall expire at the end of each two year period, but shall extend by operation of law until a successor is appointed and qualified under the provisions of this Act. For non-feasance and mal-feasance in office any bank or person performing the duties under this Act may be removed by said Commissioner or other person or persons in charge of County affairs at any time and a successor appointed for the remainder of the unexpired term. Term. Removal from office Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with any provision of this Act, be, and the same are hereby repealed. Approved August 11, 1925. BARROW BOARD OF EDUCATION; ELECTIONS AND TERMS. No. 81. An Act to provide for the election of the members of the County Board of Education of Barrow County; to provide for the length of the term of office of each member 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

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this Act, upon the expiration of the present term of office of the five (5) members constituting the County Board of Education of Barrow County, Georgia, the Grand Jury of Barrow County shall proceed to elect a new County Board of Education for Barrow County, to be composed of five (5) members, whose terms shall be as follows: One member shall be elected for a term of one year; two members shall be elected for a term of two years; one member for a term of three years; and one member for a term of four (4) years. The Grand Jury in electing said Board shall designate the term to which each member is elected. Successors to present board. Sec. 2. Be it further enacted by the authority aforesaid, That upon the expiration of the term of each member so elected for one of the terms of office provided for in Section one (1), that the successor of such member shall be elected for a term of four (4) years, in the manner now provided by law. This Act is merely to change the term of office of the members of the Board of Education of Barrow County and shall no wise change or alter the rights, powers, and duties now vested in said Board by the laws of this State relating to County Boards of Education. 4 year term thereafter. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 28, 1925. BARTOW COMMISSIONER; ACT AMENDED. No. 174. An Act to amend an Act approved July 28, 1924, entitled 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

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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 of the Clerk, and to provide for this 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act approved July 28th, 1924, entitled An Act to create the office of County 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 supervisions of his acts and the auditing of his books; to provide for a Clerk to the Commissioner and to define the duties and qualifications of the Clerk and to provide for his compensation and the manner of his selection; to provide for filling for the vacancy in the 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 be and the same is hereby amended by striking from said Act, Section 2 thereof, in its entirety, and substituting therefor, the following: Act of 1924 amended. Section 2. That an election shall be held in Bartow County, on Tuesday after the First Monday in November, 1926, under the same regulations, and at the same time and places as elections for members of Congress are held, for the election of a Commissioner of Roads and Revenues of Bartow County, for the ensuing term; and the candidate receiving a majority of all the votes cast at said election, shall be declared and qualified Commissioner of Roads and Revenues of Bartow County, Georgia, for the ensuing term; Provided, however, that if no candidate

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receives a majority of the votes cast at said election, then and in that event, another election shall be held on the second Tuesday thereafter, at the same places, and under the same regulations as the first election, at which said second election, the two candidates receiving the highest number of votes at the first election shall be voted upon, and the candidate receiving the highest number of votes in the second election, shall be declared elected, and shall be qualified as Commissioner of Roads and Revenues of Bartow County, Georgia, for the ensuing term. New Sec. 2. Election in 1926. Sec. 2. That said Act be, and the same is hereby, amended by striking therefrom Sec. 3, in its entirety and substituting therefor the following: Section 3. That the term of office, except the first term, of the Commissioner of Roads and Revenues shall be for four years, and until his successor is elected and qualified. The first term shall begin January 1st, 1927 and shall be for two years, and an election shall be held every four years beginning with the year 1928, at the same time and places, and under the same regulations as the elections for County officers for Bartow County is held; for the election of a Commissioner of Roads and Revenues for the succeeding term of four years, and the candidate receiving a majority of all the votes cast for County Commissioner at said election, shall be declared elected and be qualified as such Commissioner; Provided, that if no candidate shall receive a majority of all the votes cast for Commissioner at said regular election, then and in that event, a second election shall be held on the 2nd Tuesday thereafter, at the same places and under the same regulations as the regular election, at which second election the two candidates receiving the highest number of votes at the regular election shall be voted for, and that candidate receiving the highest number of votes cast in said second election shall be declared elected as Commissioner of Roads and Revenues of Bartow County for the ensuing term of Four years. New Sec. 3. First term 2 years; 4 year term thereafter.

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Sec. 3. That said Act be, and the same is hereby, amended by adding the following words to Section 8 thereof: Provided that the first term of office of the Clerk shall be for the period beginning with his appointment, and ending January 1st, 1929. Sec. 8 amended. First term of clerk. 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, 1925. BIBB ANTI-TUBERCULOSIS COMMISSION CREATED. No. 85. An Act to amend an Act approved August 17, 1914, creating a new charter of the City of Macon, and also to amend an Act approved February 6, 1873, creating a board of County Commissioners of Bibb County, by creating an Anti-Tuberculosis Commission in and for the County of Bibb and City of Macon, defining the Jurisdiction, rights, powers, and privileges of said Commission and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act of the General Assembly of Georgia approved August 17, 1914, creating a new charter for the City of Macon, and amending an Act of the General Assembly of Georgia approved February 6th, 1873, creating a Board of County Commissioners for the County of Bibb, be and the same are hereby amended by creating an Anti-Tuberculosis Commission in and for the said City of Macon and the County of Bibb, consisting of five members including the Mayor of the City of Macon and the Chairman of the Board of Commissioners of the County of Bibb as ex-officio members thereof, and the

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other three members to be Lee Happ, J. D. Crump and Dr. T. D. Walker; the ex-officio members to serve during the time they shall hold office as Mayor of the City of Macon, and Chairman of the Board of County Commissioners, respectively; the other three members to serve until their successors are elected and qualified as hereinafter provided. Upon the death, resignation, or removal for cause, of a member of a said Commission, other than an ex-officio member, the remaining members shall select a successor to serve until removed by death, resignation, or for other cause. Acts of 1873 and 1914 amended. Members of Commission named. Vacancies. Sec. 2. Be it further enacted by the authority aforesaid, That for the purpose of construction, equiping, maintaining and operating a sanitarium for the treatment and prevention of tuberculosis, said Commission are hereby incorporated and made a body politic in the name of Anti-Tuberculosis to carry into effect the purpose of this Act, and as such said Commission is hereby authorized and empowered; (a) To hold and own property, real personal and mixed, in Bibb County and other places within the State of Georgia, unconditionally, or in trust for the use and benefit of the beneficiaries of any trust created to promote the purpose for which said Commission is created; (b) to make and enforce the name of said Commission all necessary and needful contracts relating to the purposes for which said Commission is created; (c) To Promulgate and enforce such rules and regulations in the control, operation, management and maintenance of a tubercular sanitarium, or home, as in the discretion of said Commission may be necessary for the best interest of said sanitarium, the citizens of Macon and the County of Bibb; (d) to determine what patients shall be admitted to said sanitarium and treated as charity patients, and what patients shall be admitted to said sanitarium for treatment on condition that such patients pay for the services rendered; (e) to provide and maintain a dispensary and clinic for the benefit of the tubercular poor of the City of Macon and County of Bibb, and

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to furnish medicine and medical attention to such persons as may be unable to pay for the same; (f) to determine what physicians and surgeons shall be admitted to practice their profession in said sanitarium and no physician or surgeon shall be permitted to practice his profession until he has first obtained form said Commission a permit so to do, permits granted by said Commission are subject to be revoked by them at any time. Professional trained nurses may be granted permits to practice their profession in said Sanitarium upon the same terms and conditions as permits are granted to physicians and surgeons; (g) to select and designate a board composed of reputable physicians and surgeons of recognized standing, character and ability, to be known as the medical staff of the Tuberculosis Sanitarium. The duties, powers and authority of such medical staff shall be such as may be prescribed by said Board of Commissioners; (h) to operate in conjunction with the Board of Public Education of Bibb County open air schools for undernourished children, and children infected with Tuberculosis, in Bibb County; (i) to employ all persons necessary for the operation and management of such Sanitarium and all persons so employed shall be under the direct control and authority of said Board of Commissioners; (j) to purchase supplies, furniture, furnishings, fixtures, and instruments, and secure such professional and other services as may be necessary to carry into effect the general purposes for which said Sanitarium is owned and maintained; (k) to have full power and authority to do all such acts and things as may be necessary to carry out all the purposes for which said Commission is hereby created. Powers. Property. Contracts. Rules. Charity and paying patients. Depensary and Clinic. Permits to physicians, surgeons, nurses. Medical Staff. Open air schools. Employees. Supplies. Other powers. Sec. 3. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Macon, and the Board of Commissioners of the County of Bibb, are hereby authorized and empowered to make appropriations to said Anti-Tuberculosis Commission in such sums, and at such time, as said Mayor and Council, and

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Board of County Commissioners, may deem necessary to carry on the work in preventing the spread of tuberculosis in said City and County, and for the care, support and maintenance of indigent citizens of said City and County infected with tuberculosis, that may be subject to infection therewith, but nothing herein contained shall be held or construded to authorize said Anti-Tuberculosis Commission to create any obligations upon the City of Macon or County of Bibb. The Hospital Commission of the City of Macon is hereby authorized to pay over to said Anti-Tuberculosis Commission the sum of $25,000.00 now held by it as a part of the proceeds of a recent bond issue of the City of Macon for the Macon Hospital, to be used for an Anti-Tuberculosis hospital or sanitarium, and said Anti-Tuberculosis Commission is hereby authorized to receive said fund and use the same for the purpose aforesaid. Appropriations from City of Macon and Bibb County. Hospital Commission to pay $25,000. Sec. 4. Be it further enacted by the authority aforesaid, That said Commission shall cause to be correctly kept a set of books showing all receipts, from whatever source derived, and all disbursements made therefrom and the purposes for which such disbursements are made. All money received by said Commission shall be deposited at some solvent bank or banks selected by them and shall not be drawn therefrom except by vouchers duly drawn and countersigned under the rules of said Commission. Books and deposits. Sec. 5. Be it further enacted by the authority aforesaid, That said Commission shall, upon the passage of this Act, proceed to select a chairman, vice-chairman, secretary and treasurer, whose duties shall be such as may be prescribed in the rules and regulations promulgated by said Commission. Officers. 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 28, 1925.

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BIBB COUNTY; ADVERTISEMENT ON DIXIE HIGHWAY PROHIBITED. No. 368. An Act to prohibit the placing or posting of display advertisement on the right of way of the Dixie Highway in Bibb County, and provide punishment for the violation of same. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person, firm or corporations or any one acting for them, to post any display signs on the right of way of the Dixie Highway in Bibb County. Unlawful to display signs. Sec. 2. The provisions of the foregoing Section shall in no way interfere with the Existing Contract for the placing of such advertisements, but are intended to prohibit a renewal of such contract or making of new contracts for such advertisements. Existing contract not affected, but not to be renewed. Sec. 3. Any person, firm or corporation violating the terms of Sections 1 and 2, hereof shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished as in misdemeanor cases. Approved August 22, 1925. BRANTLEY COUNTY; FISHING REGULATED. No. 71. An Act prohibiting fishing in any of the fresh water streams or lakes located in Brantley County, Georgia, from April 1st to July 1st of each year (during the bedding season for bream), except any person or persons who has or have the written consent of the land owner on whose property said fresh water streams or lakes may be located, may fish in said streams or lakes on

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Tuesdays and Saturdays of each week during said season or within the said time. Provided further that no person or persons shall be allowed to catch more than twenty-five fish per person in any one day during the period covered by this Act. Providing fees for said enforcement; providing for the appointment of Deputy Wardens; providing for the punishment of violators of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons to fish in any of the streams or lakes located in Brantley County, Georgia, from April 1st to July 1st of each year (during the bedding season for bream), except any person or persons who has or have the written consent of the land owner on whose property said streams or lakes may be located, may fish in said streams and lakes on Tuesdays and Saturdays of each week during said season or within the said time specified. Closed scason; permits. Sec. 2. Be it further enacted by the authority aforesaid, That the game and fish warden for Brantley County, Georgia, shall be the person whose duty is to see that this Act is enforced, and upon conviction for each violation of this Act, in the Superior Court of said County, said game and fish warden shall receive a fee of $25.00. Said game and fish warden shall have the same power and authority to recommend the appointment of deputy wardens under this Act, as he has under the general law, and the said warden or deputy wardens shall have the same power and authority to arrest violators of this law under this Act. Enforcement; Warden's fee. Sec. 3. Be it further enacted by the authority aforesaid, That any person found guilty of violation of this Act in Brantley Superior Court, shall be fined not less than $50.00 nor more than $100.00, and not less than three

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(3) months nor more than nine (9) months on the chain gang, either one or both in the discretion of the Court. Penalty. Sec. 4. Be it further enacted, That the said game warden and fish warden shall receive his fees, for the prosecution and conviction of violators of this Act, only from the fines derived therefrom, and if there be an over plus in fines, it shall be placed by the warden in the general fund of the County to be used as general County funds, by the proper authorities. Surplus from fines. Sec. 5. Be it further enacted by the authority aforesaid, That no person or persons shall be allowed to catch more than twenty-five fish per person in any one day from April 1st to July 1st, the period covered by this Act. Limit of fish caught. 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 July 27, 1925. BRYAN BOARD OF COMMISSIONERS; ACT AMENDED. No. 79. An Act to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan; to define their powers and duties, to provide for the 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 the Act creating a Board of Commissioners of Roads and Revenues of Bryan County, Georgia, approved August 1, 1924, be, and the same is hereby amended as follows: By striking Section one (1) of said Act and substituting in lieu thereof the following, to be known as Section one (1): That there shall be a

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Board of Commissioners of Roads and Revenues of Bryan County, which Board shall consist of three (3) members, namely, T. F. Cameron, Chairman, C. J. Bashlor, and J. Q. Edwards, Jr., and they shall hold office until January 1st, 1928, and until their successors are duly selected and qualified. Act of 1924 amended. New Sec. 1. Members and terms. Sec. 2. Be it further enacted by the authority aforesaid, That Sections two (2) and three (3). of said Acts of 1924, be stricken, and the following, to be known as Section two (2) be substituted in lieu thereof: That at the November term, 1927, of the Superior Court of Bryan County, the Grand Jury shall select the successors to said Commissioners and each and every two years thereafter at the November Term, three Commissioners shall be appointed, who shall be commissioned by the Governor, take the oath, and give the bond, as provided in Section four (4) of the Acts of 1924, page 285, and they shall elect from among themselves a Chairman, and a Clerk. New Sec. 2. and 3. Successors elected by Grand Jury. Sec. 3. Be it further enacted by the authority aforesaid, That Section six (6) of the Acts of 1924, page 286, be stricken, and the following be substituted in lieu thereof: That said Board of Commissioners shall hold their regular sessions on the first Monday in every month at the County site, and shall receive the sum of ten ($10.00) dollars for every day for such meetings, and on any occasion other 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, upon what matter. New Sec. 6. Compensation. Sec. 4. Be it further enacted by the authority aforesaid, That Section fifteen (15) of the Acts of 1924, page 288, be amended by striking out Section fifteen (15), and substituting the following: That in case of vacancy by death, 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 for the unexpired

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term, provided nevertheless, that no one shall be appointed by the Commissioners or selected by the Grand Jury who holds a State or County Office. New Sec. 15. Vacancies. 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 July 27, 1925. BRYAN DEPOSITORY CREATED. No. 88. An Act to create a County Depository in and for the County of Bryan, to prescribe qualifications of the depository and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be the duty of the board of Commissioners of Roads and Revenues, or other County authorities for the County of Bryan, State of Georgia, to demand from the County Treasurer all books and papers belonging to said County pertaining to the office of County Treasurer, and to examine the accounts of such retiring treasurer, or his representative and to have with such treasurer, or his representative a full and complete accounting and final settlement, and to issue to said treasurer, or his representatives, and to his bondsmen, upon such final settlement, a full and complete release of all liability as such treasurer. It is hereby made the duty of said treasurer to surrender and deliver to said board of Commissioners, or other County authorities, the books and papers referred to. Retirement of treasurer; delivery of books, etc., to commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That as a part of the settlement referred to in Sec-1 of this Act, the retiring treasurer of Bryan County shall

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deliver and turn over to the county depository or depositories selected as provided in this Act, all funds, property, moneys, and effects except the books and papers to be delivered to the Board of Commissioners or other County authorities in the hands of said County Treasurer as such treasurer and shall be receipted therefor by the said Board of Commissioners, or other County authorities; and until such final receipt be given, the County Treasurer shall remain subject as now provided by law, to a strict accounting as a holder of public money. Delivery of moneys and property to depository. Sec. 3. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues, or other county authorities, for Bryan County, shall at their first meeting after the passage of this Act, or as soon thereafter as practicable, select by a majority vote of said Commissioners, as a depository or depositories for the funds of the County of Bryan, any bank or banks or trust company, state or national, authorized to do business in this State, such selected to be for the term of one year and until the selection and a qualification of such depository or depositories' successor or successors. The selection of such depository or depositories shall be made by a majority vote of the Commissioners, or other county authorities, at the first regular meeting in each year. Should any bank in Bryan County fail to qualify as such depository, said Commissioners or other authorities, are hereby authorized to select some bank or banks in an adjoining county; Provided, however, the banks of Bryan County shall first be given an opportunity to qualify. Selection of bank as depository. Term. Sec. 4. Be it further enacted by the authority aforesaid, That before any bank or banks or trust company so designated as county depository shall receive any of the funds of Bryan County, such depository, through its proper officers shall execute and deliver to the Board of Commissioners of Road and Revenues, or other county authorities for Bryan County or their successors, a good

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and sufficient bond, in an amount to be fixed by said board, and not less than twenty thousand ($20,000) dollars, payable to the ordinary of Bryan County, his successors in office conditioned for the safe keeping, accounting for and paying over, upon demand of the proper authorities, all moneys and funds which may come into the keeping of said bank or banks or trust company by virtue of its or their selection as county depository or depositories, and that such depository or depositories shall faithfully and according to law perform whatever duties may be required thereof by this Act. Said bonds shall be approved by a majority of the Board of Commissioners, or other county authorities, shall be in good and solvent surety company, doing business in this State, and the premium or premiums shall be paid out of the funds of Bryan County, Provided, however, that said Board of Commissioners or other county authorities, may, in lieu of said bond, insure the county deposits in a good and solvent company, the loss, if any, payable to Bryan County, and upon such insurance no bond shall be necessary. The premium of such insurance shall be paid out of the funds of Bryan County. Bond. Premiums. Sec. 5. Be it further enacted by the authority aforesaid, That upon the selection and qualification of such county depository or depositories it shall be the duty of the retiring treasurer of Bryan County to pay over to such depository or depositories all moneys and funds in his hands as treasurer belonging to Bryan County. Such depository or depositories shall receive all moneys and funds from officers and other sources now received and held by the county treasurer, and all persons holding or who may hereafter hold or come into possession of county moneys or funds, shall pay same, when this Act becomes effective, to such depository or depositories as they now pay over to the county treasurer. Such depository or depositories shall hold said moneys and disburse same upon warrant of the proper authority, shall pay, when in funds, all orders and warrants issued by the Board of

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Commissioners of Roads and Revenues, or other county authorities for Bryan County, as hereinafter specified; shall take a receipt on each order when paid, and carefully file it away, shall keep a well bound book in which shall be entered all receipts stating when and from whom received, and on what account, and all amounts paid out, stating when paid, to whom and on what account; shall keep a well bound book in which shall be entered a full description of all county orders or other forms of indebetedness as they are presented; shall record copies of orders of county authorities levying county taxes; shall render reports to and appear before the Board of Commissioners of Roads and Revenues, or other county authorities of Bryan County, whenever notified, and before any grand jury on request to render an account of its doing as such depository; shall exhibit its books as such depository upon request of any grand jury, and monthly to said Board of Commissioners or other county authorities at their monthly meetings. Such depository or depositories shall be both criminally and civilly liable as county treasurer are now liable, and subject to like punishment, for malfeasance or nonfeasance of duty. Said depository or depositories shall be bound as to the bank property and the property of stockholders, as well as on their bonds, for the true accounting of county deposits, as in case of other depositors. The account in favor of Bryan County shall come within the purview of the examinations of the State Auditor should such office be created. Payment of funds to depository. Disbursements Books and reports. Liability. Accounts. Sec. 6. Be it further enacted by the authority aforesaid, That no depositor shall receive any compensation as such depository other than that all books be furnished by Bryan County out of the county funds, and premiums on all bonds paid by Bryan County out of county funds. No compensation. Sec. 7. Be it further enacted by the authority aforesaid, That all checks or warrants against the county funds in any depository shall be drawn by the clerk of the Board

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of Commissioners of Roads and Revenues, or other county authorities for Bryan County and countersigned by the chairman of said board, which check shall be numbered and stubbed, shall show for what purpose drawn, the amount for which drawn, and the party to whom drawn. No check shall be honored by any county depository unless in accordance with these provisions. Orders. Sec. 8. Be it further enacted by the authority aforesaid, That all other duties now performed by the treasurer for Bryan County, especially such as are now specified in Section 576 (1) (2) Code of 1910, shall be performed by the Board of Commissioners of Roads and Revenues, or other county authorities of Bryan County. Duties of treasurer to be performed by depository. Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of law in conflict with this Act shall be, and the same are, hereby repealed. Approved July 28, 1925. BRYAN TREASURER'S OFFICE ABOLISHED. No. 70. An Act to repeal the Act creating the office of Treasurer of Bryan County which Act as approved July 30th, 1924. Section 1. 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 office of County Treasurer of Bryan County be and the same is hereby abolished. Office abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all funds, books, records, vouchers, checks, receipts, and evidences of official acts of the County Treasurer shall be delivered up to proper authority. Delivery of property.

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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 is hereby repealed. Approved July 27, 1925. BURKE TAX COMMISSIONER CREATED. No. 334. An Act to abolish the office of Tax Receiver and Tax Collector of Burke County, Georgia; to create the office of County Tax Commissioner of Burke County, Georgia; to fix the term and compensation of said office; to prescribe the rights, duties and liabilities of said office; to provide that the laws now in force as to Tax Receiver and Tax Collector shall be of full force and effect as to County Tax Commissioner so far as the same are applicable; to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect and be collectable as issued; to pro vide that all fees and commissions and other compensation of the Tax Receiver and Tax Collector shall be paid into the Treasury of Burke County, Georgia; to provide for the election of Tax Commissioner of said county and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the constitution of this State as contained in Article eleven (11), Section three (3), paragraph one (1) and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the offices of Tax Receiver and Tax Collector of Burke County, Georgia are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Offices abolished: Tax Receiver and Tax Collector. Sec. 2. Be it further enacted by the authority aforesaid, That the office of Tax Commissioner of Burke

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County, Georgia, is hereby created in lieu of said abolished offices, and that the rights, duties and liabilities of the said office of Tax Commissioner of Burke County shall be the same as the rights, duties and liabilities of the Tax Receiver and Tax Collector of said County and that all laws applicable to said offices shall be applicable to the Tax Commissioner of said county, so far as the same can apply. Tax Commissioner, office created. Sec. 3. Be it further enacted by the authority aforesaid, That the taxes now due and payable, and all tax fi. fas. heretofore issued by the Tax Collector of Burke County, Georgia, shall have full force and effect and be collectable as issued. Taxes now due collectable. Sec. 4. Be it further enacted by the authority aforesaid, That all fees, commissions and all other compensation now allowed to the Tax Receiver and Tax Collector of Burke County, Georgia, from both State, County, and Special taxes shall be collected by the Tax Commissioner and paid into the County Depository of said county and the same shall be accounted for by the County Depository thereof, the same as he accounts for all other funds belonging to said County. Fees, etc., collectable. Sec. 5. Be it further enacted by the authority aforesaid, That the first election of County Tax Commissioner of Burke County shall be held at the same time and under the same laws as other county officers are now elected at the general election for county officers in the year 1928, and quadrennially thereafter, and that the person so elected shall enter upon the duties of the office hereby created on January 1st, 1929, and shall serve for a term of four years. If a vacancy should occur then the office shall be filled in the same manner as vacancies are filled in other county offices. Election. Vacancies. Sec. 6. Be it further enacted by the authority aforesaid, That the compensation of the County Tax Commissioner of Burke County, Georgia, shall be a sum equal

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to fifty per cent of the fees, commissions and all other compensation now accuring to the Tax Receiver and Tax Collector of Burke County, Georgia, and same shall be paid proportionately, monthly as near as the same can be established, until the same is changed by law. Compensation. Sec. 7. Be it further enacted by the authority aforesaid, That before entering upon the duties of his office the said County Tax Commissioner shall take the oath now prescribed by law for the Tax Receiver and Tax Collector and shall give bond in double the amount of money reasonably estimated to pass through his hands annually in a legally qualified bonding company, the amount of the bond and the acceptance of it to be agreed upon by the County Commissioners of Burke County, Georgia, the cost of said bond to be paid by the County Tax Commissioner. The purpose of this Act being to put into effect the Constitution of this State as is contained in Article 11, Section 3, Paragraph 1. Oath. Bond. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1925. BUTTS BOARD OF COMMISSIONERS ABOLISHED. No. 243. An Act to repeal an Act to create the office of Commissioner of Roads and Revenues in and for the County of Butts and the State of Georgia, and for other purposes, approved August 9th, 1910. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that for and after the 1st Monday in January, 1927, an Act entitled an Act to create the office of Commissioner of Roads and Revenues in the

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County of Butts, State of Georgia, and for other purposes, approved August 9th, 1910, be and the same is hereby repealed, and the office created by said Act abolished after the first Monday in January, 1927. Act of 1910 repealed. Effective 1st Monday in January, 1927. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 15, 1925. BUTTS BOARD OF COMMISSIONERS CREATED. No. 244. An Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia; to provide for the election of same; to define their powers and duties; provide for the fixing of their compensation and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that on and after the passage of this Act Butts County shall have three Commissioners of Roads and Revenues, comprising one Chairman and two Commissioners whose term of office shall be as follows: The said Chairman's term shall be for four years and the two Commissioners shall serve for four and two years, respectively, as set forth in this Act, provided, however, that this Act shall not become effective until the first Monday in January, 1927. Three Commissioners. Terms. Sec. 2. Be it further enacted by the authority aforesaid, That said Commissioners before entering upon the duties of their office shall give bond, with good and solvent security, in some security company authorized to do business under Georgia Laws, same to be approved by the ordinary of said county, in the sum of five thousand ($5,000.00) dollars for each Commissioner, payable

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to the ordinary of Butts County and their successors in in office, conditioned upon the faithful performance of their duties and the carrying out of the conditions thereof. The said Commissioners and their 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 Commissioners shall, before entering upon the discharge of the duties of their office, make and subscribe to an oath before the ordinary of said county to faithfully discharge their duties and carry out the provisions of this Act to the best of their skill and knowledge, and to the best interest of the county. Bond. Liability. Oath. Sec. 3. Be it further enacted by the authority aforesaid, That the said Commissioners shall have a clerk to keep all books and records of their office, the salary to be fixed by said Commissioners. But said salary is not to exceed the sum of $600.00 per annum. Said salary for said clerk is to be in full for compensation for services, free from any perquisites of any kind or character. Said clerk shall perform all duties required by said Commissioners in keeping all the records and minutes of said office, and keeping the Commissioner's office open each day, except legal holidays commonly observed, and all records open to public inspection by any tax-payer of said county. Clerk. Salary. Duties. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be unlawful for any candidate for said office of Commissioners, or for any nomination thereof, 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 Commissioners. Any person as a candidate so offending shall be ineligible to hold office, and upon conviction of any such act shall be punished or fined within the discretion of the Judge having jurisdiction over Butts County. Illegal agreements by candidates.

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Sec. 5. Be it further enacted by the authority aforesaid, That in a case of a vacancy in the office of the Commissioners by reason of death, reignation, or otherwise, the ordinary of said county shall serve until his successor, is elected and qualified. In case of the vacancy of all the Commissioners from any cause whatsoever the ordinary shall serve as chairman with the clerk and sheriff of Butts County until the said vacancies have been filled as herein provided, within thirty days from the date of said vacancies. The said Ordinary, Clerk and Sheriff shall receive the same compensation as the said Commissioners. All rules and regulations governing regular county elections shall govern all regular and special elections held under this Act. Vacancies. Sec. 6. Be it further enacted, That any person to be eligible to hold the office of Commissioner of Roads and Revenues of said County of Butts 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 free holder, shall be of good moral character, and shall be ineligible to hold any other office of the county during their term of office as such. Eligibility. Sec. 7. Be it further enacted, That said Commissioners shall have and are vested with exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all the property of the county as they may deem best and expedient according to law, except the sale of real estate, belonging to Butts County 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 law. They shall have charge and supervision of the chain gang 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. The said Commissioners are

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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 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. 7-A. The said Commissioners are 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 laws provided for such contracting. Contracts for road and building repair. 7-B. They may 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 the best interest of the county, having supervision over all such employees with power to discharge for cause. Chain gang supervision. 7-C. The said Commissioners 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 heretofore mentioned, involving financial transactions shall be made subject to the conditions hereinafter provided. Buying and selling of supplies, etc. 7-D. They 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 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. Commutation tax.

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7-E. The said Commissioners shall keep, or have kept, in their 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. They shall collect or have collected all commutation tax, shall fix the time when such tax shall be paid or the work performed, they shall try all road defaulters in accordance with the law so provided. They shall make such rules and regulations as is necessary and in accordance with law for the support of the poor, for the protection of health and quarantine when necessary, as are granted or not inconsistent with law. They 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 the law. They shall examine, allow and settle all just claims against the County. They shall examine, audit or have audited the accounts and books of all officers having the care, management, keeping or disbursement of funds or money belonging to the County. They 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, or against the County. In case it becomes necessary the said Commissioners are 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. They shall try all road defaulters in accordance with the laws. List of persons taxable. Collection. Other persons and duties. 7-F. The said Commissioners 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 indespensable to their jurisdiction over county matters, except that in financial matters they shall be subject to the limitations hereinafter provided. Powers of ordinary vested in Commissioners.

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Sec. 8. Be it further enacted, That said Commissioners 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 have examined the books of the Tax-Collector and Tax-Receiver, the Sheriff, the Superintendent or Commissioner of Public Schools and the County Commissioner of the County and all officers and persons through whose hands county funds may pass. They shall have such records and books examined and audited by expert accountants, annually, the cost of such audit to be paid out of the County funds. 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 Commissioners 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. The said Commissioners shall have authority to employ a County Physician if necessary, and a County Attorney if necessary, in such manner 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 Commissioners may fix such salary as they may deem fit, not to exceed the sum of fine hundred dollars each, per annum. Audits, etc. Physician and Attorney. Sec. 9. Be it further enacted, That the said Commissioners shall make and have printed in the Gazette of the County in which the legal advertisements are run each

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quarter a full detail account of all purchases made during said quarter giving the price paid, to whom paid, and the amount paid. Advertisement of purchases. Sec. 10. Be it further enacted that no Real Estate belonging to the County of Butts shall be disposed of by sale or exchange, by the said Board of Commissioners without the recommendation of a majority of any one Grand Jury. Disposition of Real Estate. Records. Sec. 11. Be it further enacted that the said Commissioners 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. They 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 them for what purpose, and on what fund. They shall also keep a book in which they shall enter, in itemized form, all articles or things of whatever kind purchased by them for use and consumption of any department of the County Government, giving the name of article, date when purchased, from whom purchased, the price paid thereof and for which department purchased and used. They shall keep a cash book, in which shall be entered daily any cash item received by them, from whom received, and for what purpose received. They shall keep a record, separate from other financial affairs of the county, of the county, of all expenditures on account of the chaingang of said County. They 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. They shall keep such other books and records as are necessary to show at all times the financial condition of the county.

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The same shall be open to inspection by any citizen or taxpayer of the County. Sec. 12. Be it further enacted, That any person or persons accepting employment from anyone having power to appoint to positions in said County, also any person or persons having been elected to any position in the said County shall not accept directly or indirectly any fees, funds, or rebates of whatever nature or kind, each and every person violating this Section of this Act forfeits the Office or position held under this Act. Unlawful fees and rebates. Sec. 13. Be it further enacted, That all material, food, or machinery amounting to $200.00 or more, required for the maintenance and upkeep of said County shall be advertised ten days by posting two notices, on the Courthouse door, north and south, before the said contract or contracts are awarded, which award shall be made to the best and most successful bid or bidder. The said Board of Commissioners reserving the right of rejecting any and all bids. This Act does not prohibit any person or persons from competing in the competitive bidding as set forth in this Act. Advertisement of materials contracted for. Sec. 14. Be it further enacted that there shall be a Chairman of said Board of Commissioners elected in the same manner as other County Officers are elected. His duty shall be to preside at the monthly meeting and all other meetings to be held to consider County matters. The said Commissioners shall meet on the 1st Monday in each month. The said Chairman shall give his entire time to handling County matters and he shall receive for his services $100.00 per month, payable monthly out of the County funds. The said Chairman has authority to call special meetings at any time he may deem beneficial to said County. Chairman. Salary. Sec. 15. Be it further enacted, That there shall be two Commissioners elected at the same time and manner as the said Chairman. The compensation for said Commissioners

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shall be $5.00 per day. The said Chairman and two Commissioners shall meet in the Commissioner's office in the Court House, Jackson, Georgia, monthly. The said two Commissioners shall also attend all meetings called by the Chairman to consider County matters, not to exceed thirty days during any one year. Commissioners. Compensation. Meetings. Sec. 16. Be it further enacted, That the said three Commissioners shall sign all warrants and other documents amounting in value to $100.00 or more, before said warrant shall be valid. Transactions of a less value than $100.00 may be signed by said Chairman conforming to aforesaid conditions set forth in this Act. Validation of warrants. Sec. 17. Be it further enacted, That the ordinary of Butts County shall call an election not less than 30 nor more than 40 days before this Act becomes effective. The said election shall be held as other elections are held for county officers. Election. The person offering for the Chairmanship of Roads and Revenues of said County receiving the highest number of votes cast in said election, shall be declared elected, beginning the first Monday in January 1927. The person receiving the highest number of votes cast in said election shall be declared the Commissioner to fill the four year term beginning the first Monday in January, 1927. The person receiving the next highest number of votes cast in said election shall be declared the person to fill the two years term as Commissioner of said County beginning the first Monday in January, 1927. That thereafter at every general election, there shall be elected one Commissioner whose term of office shall be four years. The Butts County Executive Committee shall hold the said election and declare the results. The cost of said election shall be paid out of the funds of Butts County.

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Sec. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1925. CAMDEN COUNTY; FISHING REGULATED. No. 187. An Act Prohibiting fishing in any of the fresh water streams or lakes located in Camden County, Georgia, from April 1st to July 1st of each year (during the bedding season for bream), except any person or persons who has or have the written consent of the land owner on whose property said fresh water streams or lakes may be located, may fish in said streams or lakes on Tuesdays and Saturdays of each week during said season or within the said time. Provided further that no person or persons shall be allowed to catch more than twenty-five fish per person in any one day during the period covered by this Act. Providing fees for said enforcement; providing for the appointment of Deputy Wardens; providing for the punishment of violators of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons to fish in any of the streams or lakes located in Camden County, Georgia, from April 1st to July 1st of each year (during the bedding season for bream), except any person or persons who has or have the written consent of the land owner on whose property said streams or lakes may be located, may fish in said streams and lakes on Tuesdays and Saturdays of each week during said season or within the said time specified. Closed season; permits.

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Sec. 2. Be it further enacted by the authority aforesaid, That the game and fish warden for Camden County, Georgia, shall be the person whose duty it is to see that this Act is enforced, and upon conviction for each violation of this Act, in the Superior Court of said county, said game and fish warden shall receive a fee of $25.00. Said game and fish warden shall have the same power and authority to recommend the appointment of deputy wardens under this Act, as he has under general law, and the said warden or deputy wardens shall have the same power and authority to arrest violators of this law under this Act. Warden's fees. Sec. 3. Be it further enacted by the authority aforesaid, That any person found guilty of violation of this Act in Camden Superior Court, shall be fined not less than $50.00 nor more than $100.00, and not less than three (3) months nor more than nine (9) months on the chain gang, either one or both in the discretion of the Court. Penalty. Sec. 4. Be it further enacted, that the said game warden and fish warden shall receive his fees, for the prosecution and conviction of violators of this Act, only from the fines derived therefrom, and if there be an overplus in fines, it shall be placed by the warden in the general fund of the county to be used as general county funds, by the proper authorities. Surplus from fines. Sec. 5. Be it further enacted by the authority aforesaid, That no person or persons shall be allowed to catch more than twenty-five fish per person in any one day from April 1st to July 1st, the period covered by this Act. Limit of fish caught. 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 8, 1925.

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CAMPBELL POLICE; CIVIL SERVICE PLAN. No. 294. An Act to place the County Policemen of Campbell County under a civil service plan; to require and authorize the Board of Commissioners of Roads and Revenues of Campbell County to prescribe such civil services rules; to provide the term of office for such County Policemen; to provide for the right of trial before the Board of Commissioners of Roads and Revenue of Campbell County of County Policemen before their suspension or discharge. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the present policemen of Campbell County shall serve without fixed term of employment. Indefinate term of employment. Sec. 2. Be it further enacted by the authority aforesaid, That such policemen shall serve during good behavior and efficient service both of which to be judged of by the Board of Commissioners of Roads and Revenues of Campbell County after trial by said board and after giving five days notice to any policeman to be tried. Standard of behavior and efficiency; Commissioner's discretion. Sec. 3. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues of Campbell County shall establish rules and regulations for said Police Department of Campbell County on the civil service plan, and all such Policemen shall serve under civil service rules during good behavior and efficient service, to be finally and exclusively judged of by said board, subject however, to the right of the aggrieved party to a Writ of Certiorari to the Superior Court of Campbell County. Civil service rules to be established. Sec. 4. Be it further enacted by the authority aforesaid, That this Act shall apply not only to such policemen as are now employed by Campbell County but shall

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likewise apply to all members of the police force of Campbell County who may be hereafter elected. Future policemen subject to this Act. 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, 1925. CANDLER BOARD OF COMMISSIONERS ABOLISHED. No. 362. An Act to repeal an Act approved August 18, 1923, creating a Board of Commissioners of Roads and Revenues in and for the County of Candler, as appears in the Acts of the General Assembly of Georgia in the year 1923, appearing on pages 220 to 231 inclusive, and for other purposes. Section 1. Be it enacted by the General Assembly of State of Georgia, and it is hereby enacted by authority of same, That the Act as appears in the Acts of the General Assembly of Georgia in the year 1923, appearing on pages 220 to 231 inclusive, and for other purposes be and the same is hereby repealed. Act of 1923 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 22, 1925.

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CANDLER BOARD OF COMMISSIONERS CREATED. No. 359. An Act to create a Board of Commissioners of Roads and Revenues for Candler County; to define their powers and duties and prescribe their qualifications; to provide for the election of same and for other purposes pertaining to county and county matters for the County of Candler. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a Board of Commissioners of Roads and Revenues, consisting of three members, for the County of Candler is hereby created. Said Commissioners shall be freeholders and qualified voters of said county, and shall reside in the road district from which they are elected, which districts are to be defined later in this Act. Board of three members. Sec. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act said County of Candler shall be divided into three road districts, to be constituted as follows: The 1736th and 1737th militia districts shall comprise and constitute road district No. 1. The 1685th and 1734th militia districts shall comprise and constitute road district No. 2. The 1735th and 1733rd militia districts shall comprise and constitute road district No. 3. That Claud Williams of road district No. 1, W. L. Jones of road district No. 2, and H. L. Franklin of Road district No. 3, shall be and they are hereby appointed and made Commissioners of Roads and Revenues for Candler County from the date of the approval and passage of this Act until January 1, 1929, and the Governor of Georgia shall issue to them a Commission as such. Said Claud Williams, W. L. Jones and H. L. Franklin, and their successors in office shall give a bond in the sum of five thousand ($5,000.00) dollars each, payable to the Ordinary of said County and his

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successors in office, conditioned for the faithful performance of their duties as such Commissioners, which bond shall be approved and filed by said Ordinary, and shall be recorded by said Ordinary in the book for the record of official bonds in the Ordinary's office of Candler County. The premium on said bonds, if any shall be paid for by Candler County as other county expenses are paid. Should a vacancy occur in said office by death, resignation or otherwise, the same shall be filled by the Judge of the Superior Court appointing a successor to fill the unexpired term, in the same manner as other vacancies are now filled in county offices, and pending the election to fill such vacancy, the Ordinary of Candler County is hereby authorized and empowered to perform the duties of said Commissioner until his successor is elected and qualified. Road districts created; member named for each district. Bond. Vacancies. Sec. 3. Be it further enacted by the authority aforesaid, That in the election of said Commissioners, one from each Road District is hereby prescribed. They shall be elected by the qualified voters of the entire county and not by the qualified voters of one Road District. Elections. Sec. 5. Be it further enacted by the authority aforesaid, That before said Commissioners shall enter upon the discharge of their duties they shall take and subscribe the following oath: I.....do solemnly swear that I will well and truly perform any and all duties required of me as a member of the Board of Commissioners in and for said County; that I will make a just and true accounting of any and all moneys, properties and effects coming into my hands by virtue of any said office; that I am duly qualified under the laws of Georgia to hold said office, and that I am not the holder of any public funds unaccounted for. Oath of office. Sec. 6. Be it further enacted by the authority aforesaid, That the terms of office of the three Commissioners, elected at the general election for county officers, and their successors shall be four years. Term four years

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Sec. 7. Be it further enacted by the authority aforesaid, That said Commissioners hereby elected shall meet at the court house in said county and after taking an oath before the ordinary, shall organize by electing one of their members chairman, whose duty it shall be to preside at all the meetings and sign all orders of the Commissioners. Said chairman shall have the right at all the meetings to vote on all questions before said board of Commissioners, and shall also have the right to make motion and perform all duties imposed under this Act upon said Commissioners. Meetings; chairman. Sec. 8. Be it further enacted by the authority aforesaid, That said Commissioners shall elect a Clerk for said Board, whose duty it shall be to keep in a well bound book a complete record of the Acts and doings of said board. Said records to be open to the inspection of any citizen or citizens of said county at all times; Provided, the same does not interfere with the meetings of the board. Said Clerk shall perform such other duties as said board may require of him and shall hold office at the will of said board, and shall receive fifty ($50.00) dollars per month as compensation for his services. Clerk. Sec. 9. Be it further enacted by the authority aforesaid, That the members of said board of Commissioners hereby created and their successors in office shall receive as compensation for their services the sum of three ($3.00) dollars per day for each day of actual service, but not to serve more than three days per month. Compensation of Commissioners. Sec. 10. Be it further enacted by the authority aforesaid, That said Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: in directing and controlling all of the property of said county as they may deem expedient according to law; in levying taxes according to law; in establishing, abolishing or changing election precincts or militia districts; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of said county; in settling

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all claims and accounts of officers having the care, management or disbursement of funds belonging to, or appropriated for the use and benefit of said county, and 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 the law; in examining the tax digest of said county for the correction of errors; in regulating or fixing license fees as may be provided for by law; in establishing and maintaining the county chaingang on the public roads or public works of said county as provided by law; in electing or appointing all minor officers and employees of said county whose electing is not otherwise provided by law, such as superintendent or warden and guards of convicts or chaingang, janitor of court house and jail, and district road overseers; in making such rules and regulations as they may deem best for the interest of the county, governing all minor officers and employees appointed by them, and fixing such reasonable compensation for them as said board may deem best for the interests of the county; in providing for the collection of a commutation road tax, fixing the amount to be paid or the number of days work on the roads of said county in lieu thereof; in fixing the time when said commutation tax shall be paid or the work performed; in trying all road defaulters in accordance with law, and generally to have and exercise all the powers heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances. Powers and duties. Sec. 11. Be it further enacted by the authority aforesaid, That said Commissioners shall hold regular meetings at the court house of said county on the second Mondays in each month, and may adjourn from day to day and may hold called sessions whenever in their opinion public necessity requires it. Monthly meetings.

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Sec. 12. Be it further enacted by the authority aforesaid that a majority of said board shall constitute a quorum for the transaction of any business that may come before said board. Quorum. Sec. 13. Be it further enacted by the authority aforesaid, That said board shall not hire or employ or contract with any member of said board or with any one related to any member of said board for work to be done or supplies to be furnished said county, except such work to be done or supplies to be furnished shall be let at public outcry to the best bidder. Unlawful employments and contracts. Sec. 14. Be it further enacted by the authority aforesaid, That the members of said board shall be exempt from jury duty during their term of office. Exemption from jury duty. Sec. 15. Be it further enacted by the authority aforesaid, That it shall be the duty of said Board of Commissioners to post once every three months on the door in the court house of Candler County, a full, complete, itemized statement of their acts and doings, showing all money taken in by them, its course, and disbursement to whom paid and for what purpose. Tri-monthly statements. Sec. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 22, 1925. CANDLER COMMISSIONERS; REPORTS. No. 225. An Act to amend an Act entitled Candler Board of Commissioners created, in Candler County, Georgia, approved August 18th, 1923, Acts 1923, page 220-231. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That Section nineteen of an Act approved August 8th, 1923, creating the Board of Commissioners of Candler County, in and for the county of Candler, be amended as follows: Act of 1923 amended. 1. By striking from the fourth line of Section nineteen the words Once in the official organ of said county, in the original Act and inserting in lieu thereof the following: by posting a copy of each quarterly report on the county Bulletin in the courthouse of said county. So that said section when so amended will read as follows: Sec. 19. Be it further enacted, That said Board shall publish quarterly reports within fifteen days from the expiration of each quarter, taking the calendar year as a basis, by posting a copy of each quarterly report in the county bulletin in the courthouse, of said county, containing a full and complete statement of the finances of said county during the preceding quarter, and showing all receipts and from what source derived, and all disbursements and for what purposes paid out, and such reports shall not be mere ledger balances, but shall be made in such manner and form as to plainly show the revenues of the county as well as the cost of the county government in every branch. Sec. 19 read. Quarterly reports to be posted. Sec. 2. Be it further enacted that said amendment shall take effect from the date of approval of same. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1925.

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CANDLER TAX COMMISSIONER CREATED. No. 340. An Act to consolidate the offices of Tax-Receiver and Tax-Collector and to create the office of County Tax Commissioner in the county of Candler in the State of Georgia under the authority granted to the General Assembly of Georgia in an Amendment to the Constitution of the State of Georgia, ratified by the qualified voters of the State of Georgia at the last general election held in said State, said constitutional amendment appearing in the Acts of 1924 of the General Assembly of Georgia on pages 815 to 817 inclusive; to prescribe the duties of said Tax Commissioner and to fix his compensation and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act the offices of Tax-Receiver and Tax-Collector of the County of Candler in the State of Georgia shall be consolidated and the duties of said offices shall be performed by a County Tax Commissioner. Tax Receiver and Tax Collector; offices abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the office of County Tax Commissioner is hereby created for the County of Candler in the State of Georgia. Office created. Sec. 3. Be it further enacted by the authority aforesaid, That said County Tax Commissioner shall perform all of the duties now required by law of the Tax-Receivers of Candler County, and which necessarily under the law appertain to the office of said Tax Commissioner. Said Tax Commissioner shall also perform all of the duties now required by law of Tax-Collector of Candler County, and which necessarily under the law appertain to the office of County Tax Commissioner. Duties. Sec. 4. Be it further enacted by the authority aforesaid, That said County Tax Commissioner shall receive

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for his services the same fees and commissions as are now allowed by law to Tax-Collectors of Candler County for their compensation for collecting taxes, and said officer shall receive no further compensation whatever. Compensation. Sec. 5. Be it further enacted by the authority aforesaid, That Leo B. Dekle, the present Tax-Collector in and for Candler County shall hold office of County Tax Commissioner until the expiration of the term of office to which he was elected at the general election, to-wit: December 31st, 1928. Leo B. Dekle to hold office until Dec. 31, 1928. Sec. 6. Be it further enacted by the authority aforesaid, That at the general election for county officers of said county in the year 1928, there shall be elected a County Tax Commissioner who shall hold office for the term of four years and likewise an election for said office shall be held every four years as for other county officers, which said election shall be held and governed as elections for other county officers. Elections. Sec. 7. Be it further enacted by the authority aforesaid, That before entering upon the duties of his office said Tax Commissioner shall give bond inthe sum of.....Dollars, payable to the ordinary of Candler County, conditioned for the faithful performance of his duties as County Tax Commissioner of Candler County, and conditioned for the faithful accounting for all moneys received or collected by him as such County Tax Commissioner for Candler County. He shall also give bond in such an amount as shall be fixed by the Comptroller-General of the State of Georgia, said bond to be payable to the Governor of Georgia, and conditioned for the faithful accounting of all moneys collected by him as taxes belonging to the State of Georgia. The bond required to be made payable to the Ordinary of Candler County shall be approved by said Ordinary and recorded in his office. The bond required to be made payable to the Governor of the State of Georgia shall be approved by the Comptroller and recorded in his office. Bond.

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Sec. 8. Be it further enacted by the authority aforesaid, That no person shall be Tax Commissioner of Candler County unless he shall have attained the age of....years and shall be a qualified voter for members of the General Assembly, and before entering upon the duties of his office he shall take and subscribe the following oath before the Ordinary of Candler County: Eligibility. I.....do swear that I will faithfully discharge the duties required of me by law as County Tax Commissioner for Candler County and that I will pay over all taxes collected by me, as is required by law, so help me God. Oath of office. Sec. 9. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become operative until and after January 1st, 1927, the present Tax Collector and Tax Receiver of Candler County shall continue to hold and exercise the powers and duties of their respective offices until said time as heretofore. Effective Jan. 1, 1927. Sec. 10. Be it futher enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925. CARROLL DEPOSITORY; SURETY BOND. No. 283. An Act to amend an Act entitled An Act to establish a county depository in Carroll County; to provide what banks in Carroll County are eligible to be county depository; to provide how the county depository shall be selected and for other purposes, approved Aug. 16, 1915, so as to provide for county depository to furnish a bond signed by a solvent incorporated surety company licensed to do business in the State of Georgia, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, That section 6 of the above Act, approved Aug. 16, 1915, be amended so as to read as follows: Be it further enacted by the authority aforesaid, That the said officers shall have authority to remove the county funds from the county depository, or require more and better security, if, at any time after the acceptance of a bid, in their judgment, the county funds are not safe and, that on and after Jan. 1, 1926, no bank shall be allowed to act as said depository until it shall have given a bond signed by some amply solvent incorporated surety company, licensed to do business in the State of Georgia, in an amount in excess of county funds deposited in said depository, payable to Carroll 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 duties incumbent upon it as a depository, said bond to be approved by said Depository Commission; provided that no bid for county depository is for a loger period of time than two years. Act of 1915 amended. Effective Jan. 1 1926. Bond. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1925. CATOOSA COMMISSIONERS; COMPENSATION OF CLERK. No. 360. An Act to amend An Act approved August 16th, 1920, creating a Board of Commissioners of Roads and Revenues in and for the County of Catoosa; to provide for the election of said Board members, to prescribe their duties and powers to fill vacancies; to create four road districts, one member of said board to be elected from each road district; to permit said board to elect the

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superintendent of roads; to provide for the selection of a clerk; to provide for the compensation by providing a different method of fixing the compensation of the clerk 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 Section 4 of the Act approved August 16th, 1920, found on page 465 of said Act, be, and the same is hereby amended by striking from said Section 4 at the end thereof the following words: whose salary shall be fixed by the Grand Jury of said county and substituting in lieu thereof the words whose salary shall be fixed by said board of Commissioners so that said Section when amended shall read as follows: Act of 1920 amended. Sec. 4. Be it further enacted by the authority aforesaid, That the Ordinary shall be Chairman of said board. At least three members shall be necessary to constitute a quorum, the Ordinary deciding any question upon which said board is equally divided. The members of said Board shall receive the sum of three ($3.00) dollars per day for each day served on such commission. The Board shall have meetings on the first Tuesday in each month and may have special meetings upon the call of the Chairman, or in case of his inability or refusal to act, by a majority of the board after due notice. Said Board may select a clerk from its own members or otherwise, whose salary shall be fixed by said board of Commissioners. Sec. 4 read. Salary fixed by Commissioners. 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 22, 1925.

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CHARLTON COUNTY; FISHING REGULATED. No. 181. An Act prohibiting fishing in any of the fresh water streams or lakes located in Charlton County, Georgia, from April 1st to July 1st of each year (during the bedding season from bream), except any person or persons who, has or have the written consent of the land owner on whose property said fresh water streams or lakes may be located, may fish in said streams or lakes on Tuesdays and Saturdays of each week during said season or within the said time. Provided further that no person or persons shall be allowed to catch more than twenty-five fish per person in any one day during the period covered by this Act. Providing fees for said enforcement; providing for the appointment of Deputy Wardens; providing for the punishment of violators of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to fish in any of the streams or lakes located in Charlton County, Georgia, from April 1st of each year (during the bedding season of bream), except any person or persons who has or have the written consent of the land owner on whose property said streams or lakes may be located, may fish in said streams and lakes on Tuesdays and Saturdays of each week during said season within the said time specified. Closed [Illegible Text]; permits. Sec. 2. Be it further enacted by the authority aforesaid, That the game and fish warden of Charlton County, Georgia, shall be the person whose duty it is to see that this Act is enforced, and upon conviction for each violation of this Act, in the Superior or County Court of said County, said game and fish warden shall receive a fee

Page 590

of $25.00. Said game and fish warden shall have the same power and authority to recommend the appointment of deputy wardens under this Act, as he has under the general law, and the said warden or deputy wardens shall have the same power and authority to arrest violators of this law under this Act. Warden's fees. Sec. 3. Be it further enacted by the authority aforesaid, That upon conviction of any person for violation of this Act, that said person shall be fined not less than $50.00 nor more than $100.00, and not less than three (3) months nor more than nine (9) months on the chaingang, either or both in the discretion of the Court. [Illegible Text] Sec. 4. Be it further enacted, That the said game warden and fish warden shall receive his fees, for the prosecution and conviction of violators of this Act, only from the fines derived therefrom, and if there be an over plus in fines, it shall be placed by the warden in the general fund of the County, to be used as general County funds, by the proper authorities. Surplus from fines. Sec. 5. Be it further enacted by the authority aforesaid, That no person or persons shall be allowed to catch more than twenty-five fish per person in any one day from April 1st to July 1st, the period covered by this Act. Limit of fish caught. 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 8th, 1925.

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CHARLTON COUNTY; PAYMENT FOR PUBLIC HOSPITAL AT FOLKSTON. No. 325. An Act to authorize the County of Charlton, through its Commissioners of Roads and Revenues to make payment from the general revenue and funds of the County of not over one thousand ($1,000) dollars per year for five years at their discretion towards the extension, enlargement or building of a public hospital in the City of Folkston, to the end that the poor of the County of Charlton in need of medical or surgical treatment and care may be better 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 the authority of the same, That the County of Charlton, through and by its Commissioners of Roads and Revenues, be, and it is, hereby authorized and empowered to make payment from the general revenue of the County the sum of not over one thousand ($1,000) dollars per year for five years at their discretion towards the extension, enlargement or building of a public hospital in the City of Folkston to the end that the poor of the County of Charlton in need of medical or surgical treatment and care may be the better provided for. $1,000 per annum for 5 years, maximum payment authorized. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1925.

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CHATHAM BOARD OF COMMISSIONERS; ACT AMENDED. No. 315. An Act to amend an Act to create and organize Commissioners of Chatham County, who shall be ex-officio Judges, to define their jurisdiction and duties and for other purposes, approved February 21, 1873, and the several Acts amendatory thereof and relating and supplementary thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That, from and after the passage of this Act, the Act to create and organize Commissioners of Chatham County, who shall be ex-officio judges, to define their jurisdiction and duties and for other purposes, approved February 21, 1873, and the several Acts amendatory thereof and relating and supplementary thereto, be and they are hereby amended as follows: Act of 1873 amended. A. Said Commissioners of Chatham County and ex-officio judges may enter into a contract or contracts for the paving of Victory Drive, the Road to Tybee, a public road of said County, or any part thereof, with concrete and (or asphalt) or other suitable material, and issue negotiable warrants, or certificates, for the cost thereof, bearing interest at a rate not to exceed six per centum per annum, payable out of and chargeable solely to reasonable tolls fixed and collected by said Commissioners for the use of said road, including the bridges thereof, said Commissioners being hereby authorized to charge and collect for the use of said road, including the bridges thereof, provided, nevertheless, there shall be no tax assessed against, levied upon or collected from any property in said county to pay such cost, or any part thereof, and no part of such cost shall be paid out of the general funds of the county, nor out of any taxes levied by the county, but only and exclusively

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from such tolls. There shall be no special or general liability of said county for any part of such cost, but such tolls shall constitute a special fund to be kept absolutely separate, distinct and apart from the general revenues of the county and used exclusively for the purpose of paying the cost of said paving until such cost, together with the interest thereon, shall have been fully paid. There shall be no recourse to the Contractor or any person lending money for such paving against the County or any of its property, but such warrants or certificates shall be a first lien upon all tolls levied and collected for the use of said road, including the bridges thereof, until all cost of such paving, principal and interest, shall have been paid in full. The powers hereby conferred shall be cumulative of other powers to pave and charge tolls. Victory Drive pavement contract. Issue of warrants. B. Said Commissioners of Chatham County and ex-officio judges and their successors in office may create, lay out, establish, maintain and operate public parks, recreation and amusement places, to promote the health, recreation and amusement of the people of Chatham County, to acquire land therefor by gift, purchase or condemnation, and to expend the necessary fund for constructing, managing, improving, controlling, extending and operating any such park or place, and to make and prescribe rules and regulations for the government of said parks, recreation and amusement places, and persons using them, and for the preservation of good order therein and for the protection of persons and property in said parks, recreation and amusement places. Any and all employees of the county, while on duty at said parks, recreation and amusement places, shall have the power and authority of police officers to enforce obedience to such rules and regulations and to arrest any person violating them. Any person who shall violate any of such rules and regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished as perscribed in Section 1065 of the

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Penal Code of this State. The said Commissioners and their successors shall have the power to enter into and perform contract or contracts with any municipal corporation or any corporation or person for the purpose of laying out, improving and conducting any such park, recreation or amusement places, either upon lands belonging to, or acquired by said Chatham County, or leased to or acquired by such municipality, and all such contracts heretofore made are hereby validated. Parks. C. No tract of land lying within the limits of said county, outside of any incorporated town or city, shall be laid off into lots and streets or lanes, or subdivided in any manner for sale, until a map or plan of such subdivision shall have been first submitted to and approved by the Commissioners of Chatham County and ex-officio judges. A copy of the map or plan of such subdivision, when so approved, shall be left for record, and recorded by the parties making such subdivision, in the office of the Clerk of the Superior Court of Chatham County, Georgia, and copies deposited in the office of said Commissioners, before offering any lots or other property in such subdivision for sale, and the filing of said map or plan shall constitute a dedication for public purposes of all the streets, lanes or parks thereon delineated. No person shall sell or advertise or offer any lot or lots in such subdivision without complying with the provisions of this law. Any person who violates this law shall be guilty of a misdemeanor and upon conviction thereof be punished as prescribed in Section 1065 of the Penal Code of Georgia. Maps to be made of subdivided land. D. Said Commissioners of Chatham County and ex-officio judges shall have authority to pass all necessary regulations regulating the laying off of subdivision of tracts of land into streets, lanes and lots, and to require the setting aside of parks or squares in such subdivisions, and the sale of such lots or subdivisions of lots within the limits of said county outside of any incorporate

Page 595

town or city, and any person violating such regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Subdivision regulations. E. Said Commissioners of Chatham County and ex-officio judges are hereby authorized to charge and collect reasonable tolls for the use of Victory Drive, the Road to Tybee, a public road of said county, and the bridges thereof by person, vehicles or animals with the right to exempt from payment to such tolls persons in the employment of the State of Georgia or of any County or municipality of this State, while travelling on said road or bridges on public business. Victory Drive tolls. F. The Recorder's Court of the City of Savannah shall have jurisdiction to try and dispose of all prosecutions brought to said Court for the violation of any ordinance, rule or regulation of the Commissioners of Chatham County and ex-officio judges, just as it has in case of violation of the municipal ordinances of said city, and the authority to inflict such penalties on persons convicted of violating any such ordinance, rule or regulation as are prescribed, and where none is prescribed, the penalty prescribed in said City's ordinances for disorderly conduct. Enforcemen [Illegible Text] regulations. Sec. 2. Be it further enacted by the authority aforesaid that should any of the provisions of this Act be held illegal or unconstitutional, such holding shall not affect the remaining provisions of said Act, but all the provisions of this Act not held illegal or unconstitutional shall remain of full force and effect. Provisions held illegal not to affect remainder. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925.

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CHATHAM COMMISSIONERS AND EX-OFFICIO JUDGES; SALARIES. No. 56. An Act to alter, amend, and revise the several laws creating and establishing the Commissioners of Chatham County and Ex-Officio Judges, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Commissioners of Chatham County and Ex-Officio Judges, from and after the passage of this Act, shall have the authority to appoint and employ a woman as a special Bailiff for the Superior Court of Chatham County, Georgia, at a salary not to exceed one hundred ($100.00) dollars a month, to be paid out of the County Treasury of Chatham County upon the order of said Commissioners of Chatham County and Ex-Officio Judges. Said special Bailiff shall discharge such duties as may be defined by the Commissioners of Chatham County and Ex-Officio Judges and the Sheriff of Chatham County, or as may be designated by law for other Bailiffs and deputy Sheriffs. Such special bailiff shall hold office at the pleasure of said Commissioners of Chatham County and Ex-Officio Judges. Special bailiff Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 27, 1925.

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CHEROKEE COUNTY; OBSTRUCTIONS OF LITTLE RIVER. No. 87. An Act to amend Section one (1) of an Act approved December 6th, 1900, providing for the removal of obstructions of all kinds, other than dams used for operating mills or machinery of any kind, from Little River in Cherokee County; to compel the owners of land in said county in which said stream may flow to remove said obstructions; to provide in what manner the same may be removed when said land owners neglect or refuse to remove such obstructions, and to provide compensation therefor; to provide for the drainage of the lands in said county through which said stream flows and extension of drains, ditches through the lands of another, and to provide for the payment of all damages which may be sustained by such land owners through whose lands such drains or ditches be cut or extended, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section (1) of an Act approved December 6th, 1900, to provide for the removal of obstructions of all kinds, other than dams used for operating mills or machinery of any kind, from Little River in Cherokee County; to compel the owners of land in said county in which said stream may flow to remove said obstructions; to provide in what manner the same may be removed when said land owners neglect or refuse to remove such obstructions, and to provide compensation therefor; to provide for the drainage of the lands in said county through which said stream flows and extension of drains and ditches through the lands of another, and to provide for the payment of all damages which may be sustained by such owners through whose land such drains or ditches be cut or extended, and for other purposes, be, and the same

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is hereby amended by adding after the words Little River, line three of said Section, the words Noonday Creek, Rube's Creek, Mill Creek, Merritt's Creek and all other tributaries, such as creeks, branches and other like streams flowing into said Little River, so that said section when so amended shall read as follows: Act of 1900 amended. Sec. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all land owners on Little River, Noonday Creek, Rube's Creek, Mill Creek, Merritt's Creek, and all other tributaries, such as creeks, branches and other like streams flowing into said Little River in Cherokee County, Georgia, shall, during the months of July and August in each year remove from said streams upon their respective lands all obstructions, including trash, trees, timber, rafts and other obstructions, except dams erected for the purpose of running machinery and mills, which are excepted from the operation of this Act. Sec. 1 read. Removal of obstructions from tributaries. Sec. 3. 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 July 28, 1925. CLARKE DEPARTMENT OF HEALTH. No. 41. An Act to consolidate the Clarke County Board of Health and the Board of Health of the City of Athens into the Department of Health of Clark County, to provide a method of electing the members of said Department, to fix the powers and duties of said department, to provide for the raising of funds therefor, 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 there shall be a cnolidation of the Clarke County Board of Health with the Board of Health of the City of Athens, which shall be known as the Department of Health of Clarke County. The members of this Department of Health shall consist of the County Superintendent of Schools, Chairman of the Board of Commissioners of Roads and Revenues, a reputable physician elected by the Grand Jury of Clarke County, at its first meeting held after the passage of this Act, and each four years thereafter, which physician shall hold office for four years, the chief executive of the City of Athens, and three members to be nominated by the Mayor and elected by the City Council, two of whom shall be women. Said City Council at its December meeting after the passage of this Act, shall elect one member for a term of one year, one for a term of two years, and one for a term of three years, and their successors shall each be elected for a term of four years. Board Consolidated. be rs. Terms. Sec. 2. The present powers and duties of the Clarke County Board of Health and the Board of Health of the City of Athens shall be vested in the Department of Health of Clarke County. Powers and duties. Sec. 3. The Department of Health of Clarke County shall meet on the first Thursday in Jannuary in each year, and shall choose from its members a chairman and a secretary and shall thereafter hold its meetings on the first Thursday in the months of April, July and October and at such times as may be desired by the chairman or a majority of the members. Meetings and officers. Sec. 4. It shall be the duty of the Department of Health of Clarke County at its regular January session to determine and fix the sum of money necessary for the adequate functioning of the Department, and the amount so fixed shall be certified to the Board of Commissioners of Roads and Revenues and to the governing

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body of the City of Athens, and said taxing bodies of said county and the City of Athens shall provide equal portions of the amount so certified. Funds. Sec. 5. The Department of Health of Clarke County shall conform to the provisions of the Ellis Health law and nothing herein shall be deemed to be in conflict with said law. Ellis Health Law affected. Sec. 6. The Act shall become effective on the first day of January, 1926, after its passage. Effective Jan. 1926. Sec. 7. All laws and parts of laws in conflict herewith are hereby repealed except as qualified by Section 5 of this Act. Approved July 23, 1925. CLAYTON TAX COMMISSIONER CREATED. No. 271. An Act to abolish the office of Tax Receiver and the office of Tax Collector of Clayton County, Ga., and to create the office of County Tax Commissioner of said County; to fix the term of office and to prescribe the duties, powers and liabilities of the County tax Commissioner of Clayton County; to fix the copensation of said County Tax Commissioner and to provide how the same shall be paid; to authorize said County Tax Commissioner to employ the necessary office force for the proper transaction of the business of the office; to provide for the payment into the Treasury of Clayton County, Georgia, the fees and commissions now allowed by law to the Tax Receiver and Tax Collector of said County; to authorize the Commissioner of Roads and Revenues of said County to levy and collect the necessary taxes with which to pay the salary and expenses of the office of County Tax

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Commissioner; to provide for the election of said County Tax Commissioner, 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 office of Tax Receiver and the office of Tax Collector of Clayton County, Georgia, are hereby consolidated and abolished, and the office of County Tax Commissioner of and for Clayton County is hereby established and created; that the term of office of County Tax Commissioner of and for Clayton County, Georgia, shall be four years; that the rights, duties, and liabilities of said County Tax Commissioner of and for Clayton County, Georgia, shall be the same as the rights, duties, and liabilities heretofore incumbent upon the Tax Receiver of Clayton County and the Tax Collector of Clayton County, Georgia, and that the laws now of force as to Tax Receiver and Tax Collectors shall be of full force and effect as to the County Tax Commissioner of and for Clayton County, Georgia, as far as the same are applicable and in so far as they are not herein expressly repealed; and said County Tax Commissioner shall not be required to leave his office for the transaction of the business thereof. Tax receiver and Tax Collector; offices abolished. Office created. Sec. 2. Be it further enacted by the authority aforesaid, That the taxes now due and payable and all tax fi. fas. heretofore issued by the Tax Collector of Clayton County, Georgia, shall have full force and effect and be collectible as issued. Taxes now due collectable. Sec. 3. Be it further enacted by the authority aforesaid, That the County Tax Commissioner of and for Clayton County, Georgia, is authorized to employ such assistants and clerks as will be necessary to transact, do and perform the duties of the office and that compensation for the same shall be paid for by said County Tax Commissioner of and for Clayton County, Georgia, out of his salary; that the fees and commissions heretofore allowed the Tax Receiver and Tax Collector of Clayton

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County shall be paid to the County Treasurer of Clayton County, to be accounted for by him as other county funds are accounted for, and all commissions, fees, compensations or other charges heretofore paid by the State of Georgia to the Tax Receiver or Tax Collector of Clayton County for collecting any of its taxes, either special, advalorem, occupation or other tax or license of any nature whatever, shall be charged and collected by said Tax Commissioner of and for Clayton County, Georgia, and paid to the Commissioners of Roads and Revenues of Clayton County, Georgia, and they shall be accounted for by him as other County funds. Assistants. Fees and Commissions. Sec. 4. Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenues of Clayton County shall levy and collect a tax for the maintenance of said office and of the office supplies and pay the salary of said County Tax Commissioner of and for Clayton County, Georgia, and that the Commissioners of Roads and Revenues of Clayton County shall pay out of the general funds of the County the premium on any bond or bonds required of said County Tax Commissioner of and for Clayton County, Georgia. Tax for maintenance of office. Premium on bond. Sec. 5. Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenues of Clayton County be and they are hereby required to furnish and equip an office in the County court-house for the use of said County Tax Commissioner of and for Clayton County, Georgia, and that the said County Tax Commissioner of and for said Clayton County, Georgia, be and he is required to keep said office open every business day for the transaction of the business of his office. Equipment of office. Sec. 6. Be it further enacted by the authority aforesaid that the County Tax Commissioner shall be elected as other County officers are elected at the general election for County officers to be held on Tuesday after the first Monday in November, 1928, and the term of office of said County Tax Commissioner is fixed at four years,

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and that any vacancies occuring in said office shall be filled as vacancies are now filled for Tax Receiver and Tax Collector. Election: term: vacancies. Sec. 7 Be it further enacted by the authority aforesaid that the salary of the County Tax Commissioner of and for Clayton County, Georgia, be and the same is hereby fixed at fifteen hundred ($1,500) dollars per annum, payable monthly out of the general funds of the said County. Salary. Sec. 8. Be it further enacted by the authority aforesaid, That this Act shall take effect and be of full force and effect on the first day of January in the year of our Lord Nineteen Hundred Twenty-Nine. Effective Jan. 1, 1929. Sec. 9. Be it 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, 1925. COBB COMMISSIONERS; CLERK'S SALARY. No. 306. An Act to amend an Act approved August 7th, 1924, (Georgia Laws 1924, page 315) entitled an Act to create a Commissioner of Roads and Revenues of Cobb County, Georgia; to provide for the election of same; to define his powers and duties; to fix his compensation, and for other purposes, so as to authorize the Commissioner and the Advisory Board, in their discretion, to increase the salary of the Clerk of the 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 authority of the same that from and after the passage of this Act, Section 4 of the Act approved August 7th, 1924,

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creating the office of Commissioner of Roads and Revenues of Cobb County, Georgia, be and the same is hereby amended by striking therefrom the words and figures, But said salary is not to exceed the sum of $1,200.00 per annum in the fifth and sixth lines of said Section, and inserting in lieu thereof the words and figures But said salary is not to exceed the sum of $1,800.00 per annum, so that said Section when so amended shall read as follows: Act of 1924 amended. Section 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 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 $1,800.00 per annum. Said salary of said Clerk is to be in full compensation for his services, free from any prerequisites of any kind or character. Said Clerk shall perform all the 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. Sec. 4 read. $1,800 per annum maximum. 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 20, 1925. COBB TREASURER; SALARY AND BOND. No. 313. An Act to amend an Act of the General Assembly of Georgia, approved August 13, 1915, fixing the salary of the Treasurer of Cobb County, Georgia; to pay premiums on his bond from the county treasury and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act of the General Assembly of Georgia, approved August 13, 1915 (Acts 1915, pages 198 and 199) is amended by striking Section 1 thereof and inserting in lieu the following: Act of 1915 amended. That from and after the passage of this Act the salary and compensation of the Treasurer of Cobb County, Georgia, shall be seventy-five ($75.00) dollars per month, in lieu of commissions. Salary $75 a month. Sec. 2. Be it further enacted that Section 2 of said Act be stricken and in lieu thereof the following is inserted: The premiums on the bond of said treasurer shall be paid out of the county funds of said county, in the event said treasurer elects to give a bond furnished by a fidelity guarantee company, said bond to be approved in the same manner as is now provided by law. Premiums on Bond. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925. CRISP TAX COMMISSIONER CREATED. No. 358. An Act to consolidate the offices of Receiver of Tax Returns and Tax Collector in Crisp County by abolishing said office and creating the office of Tax Commissioner in and for said county, prescribe his duties, compensation, bond, 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 upon expiration of the terms of the present

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Receiver of Tax Returns and the present Tax Collector in and for said county of Crisp, said offices shall be and are hereby abolished. Sec. 2. Be it further enacted by the authority aforesaid, that there be and is hereby created the office of County Tax Commissioner in and for the said County of Crisp, said County Tax Commissioner to perform all the duties now and heretofore exercised by the receiver of tax returns and tax collector under the general laws of the State of Georgia relating to said offices, and all the duties prescribed by law relating to the office of tax commissioner heretofore enacted or which may hereafter be enacted by general law. He shall be elected at the general election preceding the expiration of the terms of office of the tax collector and tax receiver, whose offices are hereby abolished, as other county officers are elected. Offices created. Election. Sec. 3. Be it further enacted by the authority aforesaid, that before entering upon the discharge of his duties, said county Tax Commissioner shall take oath to faithfully and diligently discharge all duties of such office, and to properly account for all monies collected to the proper authorities at the times prescribed by law. Oath of office. Sec. 4. Be it further enacted by the authority aforesaid, that before entering upon the discharge of his duties, said County Tax Commissioner shall give bond in the sum of forty thousand dollars, with some surety company authorized to do business in Georgia as surety thereon, conditioned for the faithful discharge of the duties of his office in the form and manner prescribed by law for tax receivers and tax collectors, so far as applicable. The premium on said bond shall be paid by the county. Bond. Sec. 5. Be it further enacted by the authority aforesaid, that said County Tax Commissioner, shall remit every ten days all public monies in his hands to the proper State and County authorities, and shall make and keep in his office an itemized list of the names of all persons from

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whom he has collected any sums of public money, the dates of such collections, the amount collected, and when and to whom remitted; and it shall be a misdemeanor to fail to perform this duty and, punishable as such pursuant to the provisions of the Penal Code of Georgia, Section 1065. Remittance every ten days; statements. Penalty. Sec. 6. Be it further enacted by the authority aforesaid, that said County Tax Commissioner shall have and receive as full compensation three-fifths of the commissions allowed by law to both tax receivers and tax collectors under the general laws of the State, which he is hereby permitted to deduct from the monies collected by him; and said county tax commissioner shall furnish out of his said compensation all clerical assistance necessary for the proper performance of the duties of his office. Compensation Sec. 7. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 22, 1925. DAWSON BOARD OF COMMISSIONERS CREATED. No. 389. An Act to create a Board of Commissioners of Roads and Revenues for the County of Dawson; to define the powers and duties of said Board; to fix the qualifications, terms of office, and compensation of members of said Board; to provide for the selection of successors, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that a Board of Commissioners of Roads and Revenues for the County of Dawson, said State, to consist of three members, hereinafter named, is hereby created. That all

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persons eligible to hold other county offices shall be eligible to hold the office of Commissioner of Roads and Revenues in said county. Should a vacancy occur in said Board by death, resignation, or otherwise, the same shall be filled by the Judge of the Superior Court of Dawson County. Board of three members. Eligibility. Vacancies. Sec. 2. Be it further enacted by the authority aforesaid, that the following named persons are hereby appointed, constituted and made Commissioners of Roads and Revenues for the said County of Dawson, under this Act, towit: Joel T. Miller, Ben Harbin and Henry Holcomb, and that the terms of office of each of the above appointed Commissioners of Roads and Revenues shall be for four years and that said term of office shall begin on the first day of September, 1925, and that each of said commissioners shall hold office until their successors are elected and qualified as hereinafter provided. Members named. Term. Sec. 3. Be it further enacted by the authority aforesaid, that at the regular election for county officers to be held in November, 1928, and at each election for county officers thereafter, Commissioners of Roads and Revenues shall be elected for a term of four years, whose term of service shall begin on the 1st day of January, 1929, after election, and who shall serve for a term of four years and until their successors are elected and qualified and they shall be elected in the same manner and at the same time as provided for in the election for county officers in and for said county. Election in 1928 Sec. 4. Be it further enacted by the authority aforesaid, that Commissioners of Roads and Revenues as hereinafter provided for shall be commissioned by the Governor of said State for the term of office for which they were elected, selected or appointed, and before entering upon their duties they shall each give a good and solvent bond to be approved by the Ordinary of said County, payable to the Governor of the State, or his successors in office in

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the sum of five thousand dollars each, conditioned for the faithful performance of the duties as such commissioners, which bond, when approved by the Ordinary, shall be by him recorded in the record of official bonds, the same to be filed and kept by said ordinary in his office. And that said Commissioners of Roads and Revenues before entering upon the discharge of their duties, shall take and subscribe before the ordinary of Dawson County, Georgia, the following oath: I do solemnly swear that I will faithfully discharge all of the duties of Commissioners of Roads and Revenues for the County of Dawson, and that I will so act as in my judgment will be most conducive to the welfare and prosperity of said county, so help me God, and said bond and oath shall be recorded by the ordinary of said county, and the same to be filed and kept in the office of the Ordinary of said County, and in the custody and control of the said Ordinary. Bonds. Oath of office. Sec. 5. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall after giving bond and taking the required oath, as hereinbefore set out, meet at the Court House in Dawson County and organize by electing a Chairman and Clerk on the day their term of office begins, save that the first said Board shall have as their chairman the Honorable Joel T. Miller, who shall serve as Chairman of the said Board till his time of office is out, which will be on the 1st day of January, 1929, unless he should resign, or die or quit the office in some way or another then and in that event the said vacancy shall be filled by the Judge of the Superior Court of Dawson County, Georgia, as herein provided. The said Chairman shall never receive over the said sum of three dollars per day for his services, but he may be paid all expenses when required to travel outside of the said county of Dawson, or any legitimate expenses approved by the said Board and ordered paid by the said Board. Meeting. Officers. Chairman named Compensation

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Sec. 6. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of said County, shall have the right and power to employ a physician for the purpose of giving medical aid and attention to the jail prisoners, paupers of the county, convicts of the county and any other matters requiring his services as a physician, and that said Commissioners of Roads and Revenues shall have the right and authority to fix his compensation. County physician, power to employ. Sec. 7. Be it further enacted by the authority aforesaid, that said Commissioners of Roads and Revenues are authorized by this Act to employ counsel for legal advice, for drawing contracts for the county, or drawing of any contracts or documents or otherwise when said Commissioners of Roads and Revenues shall deem it necessary, and for legal advice, or for the drawing of contracts or documents of said county, or otherwise, said Commissioners of Roads and Revenues shall have the right and authority to pay an attorney a reasonable compensation for whatever services he may render. Counsel. Sec. 8. Be it further enacted by the authority aforesaid, that said Commissioners of Roads and Revenues shall meet [Illegible Text] the Court house in said county and hold regular monthly sessions, at such times as may be agreed on by said Commissioners of Roads and Revenues and upon the call of the Chairman of the said Board when the business needs of the said County demand the same. Meetings monthly. Sec. 9. Be it further enacted by the authority aforesaid, that for each day's services rendered by the said Board of Commissioners of Roads and Revenues, each member shall receive for each meeting and for each day's work for said County the sum of three dollars per day, the same to be paid out of the general funds of said county, and also if it be necessary for said Commissioners of Roads and Revenues to travel, or otherwise incur other personal expenses, they shall also be paid out of the county

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funds for such expense. Said Commissioners of Roads and Revenues are not confined to their regular meetings, but on the contrary are authorized to put in not to exceed fifty days in any one calendar year, and shall be paid a like sum, of three dollars per day, except the chairman of said Board, and he, as chairman of said Board, is authorized to put in as much as any amount of days in any one calendar year as the whole Board of Commissioners of Roads and Revenues may see fit and proper to approve of, and for like services as such chairman, he shall likewise be paid the sum of three dollars per day for whatever extra days he may render to said county, and that said Board shall be paid by rendering a proper voucher, and an order drawn by the Chairman and countersigned by the Clerk of said Board, said order being drawn on the general funds of said county. Compensation. Sec. 10. Be it further enacted by the authority aforesaid, that said Commissioners of Roads and Revenues may elect a Clerk who is not a member of their Board, whose duty it shall be to keep a true and correct record of all the acts and doings of the said Board and keep them at the court house in said county; said records to be kept open for inspection of any citizen or citizens of said county at all times, if the same does not conflict with the meetings of the said board, and said Clerk shall keep all the books and records in a neat and first-class condition at all times. Said clerk shall receive for the said compensation the sum of three dollars per day, each full day actually rendered the said county, but he shall never receive over the sum of $25.00 per month. Clerk. If said Clerk so elected is not a member of the said Board, he shall take the same oath as herein designated for said Board and shall also make a good and solvent bond to be approved by the said Board, payable to the Commissioners of Roads and Revenues and their successors in office in the sum of one thousand dollars, conditioned

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for the faithful performance of his duty as such clerk, which bond shall be recorded in the record of official bonds kept by the Ordinary of said county. Sec. 11. The Clerk of the Superior Court of Dawson County may be selected by said Board of Commissioners of Roads and Revenues, if said Board sees fit and proper to make such selection, to act as Clerk of the said Board of Commissioners of Roads and Revenues of said County. Dawson Superior Court Clerk may be chosen. Sec. 12. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues, when in their discretion they deem it necessary, may elect a Superintendent of all Roads and Bridges, and to superintend all county matters of Dawson County that may be delegated to such superintendent by said Board of Commissioners of said county, and that said Board shall elect a superintendent on account of his efficiency and knowledge and skill in practical road and bridge building. Said superintendent shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the County of Dawson and all other county matters that may be delegated to him by said Board of Commissioners, and that as such superintendent he shall be under orders at all times of the said Board of Commissioners, especially the said Chairman. And as such superintendent he shall receive a reasonable compensation, said compensation to be fixed by said Board of Commissioners, not to exceed the sum of one thousand dollars per annum, and his term of office as such superintendent shall also be fixed by the said Board of Commissioners, not to exceed one year. Superintendent of Roads and Bridges. Sec. 13. Be it further enacted by the authority aforesaid, that said Commissioners of Roads and Revenues, shall have the right and authority to retire from office or from appointment, the county attorney, county physician,

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clerk of said board, or superintendent of roads, bridges, and other county matters, when in their judgment the interests of the county is not being properly cared for by such appointees or officers. Retirement of appointees. Sec. 14. Be it further enacted by the authority aforesaid, that the said Commissioners of Roads and Revenues shall have jurisdiction and full control over all the following county matters, towit: In controling and directing all property of said county as they deem expedient according to law; in levying taxes according to law; in establishing, or abolishing or changing election precincts of militia districts, or in changing the lines of militia districts; in allowing the insolvent lists of said county; in settling claims and accounts of officers having the care and management or disbursement of the funds belonging to said county; in making such rules and regulations as they may deem best for the interest of said county governing all minor officers and employees appointed by them; in fixing the number of days work for each subject to road duty, or in lieu thereof, a reasonable compensation in keeping with the alternative road laws as now made and provided by statute; in levying a general tax for general purposes, and a special tax for special purposes, according to the provisions of the general law and special enactments of the General Assembly; in establishing, altering, building, repairing and abolishing all roads, bridges and ferries in said county in conformity to law; in examining, auditing and allowing all claims for or against the County of Dawson; in examining and auditing all accounts of all the county officers who receive pay out of any money of the County or State; in collecting and disbursing all funds belonging to the County, or appropriated for its use or benefit, and in bringing all debtors of the county to a speedy settlement; in making such rules and regulations for the support and maintenance of the poor of said county, and for the promotion of health as permitted by law and for the

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doing of all things conferred upon Commissioners of Roads and Revenues by the laws in such cases made and provided in county matters in said State under the laws of the said State. Powers and duties. Sec. 15. Be it further enacted by the authority aforesaid, that said Board shall hold at least one session in each month at the County site and in the Court House in said county, where they shall have and maintain an office, and said Board shall have all records pertaining or belonging to the Commissioners of Roads and Revenues of said county kept in the office of the said Commissioners. Sessions. Records. Sec. 16. Be it further enacted by the authority aforesaid, that the Chairman of the said Board, in his discretion, shall call an extra session of said Board to transact any business that may arise after the regular meeting of the said Board, provided the said business is of such importance that the interests of the county demand the same. Extra session. Sec. 17. Be it further enacted by the authority aforesaid, that said Board of Commsisioners of Roads and Revenues as herein provided, shall have full power and authority in establishing and maintaining county chaingangs, and in working public roads or other public works of the county with the same. Full power is hereby conferred on said Board to do all things that are necessary to carry into effect the full and complete workings of the said chaingang when the same is operative in the said County of Dawson. Full and complete power is hereby given the said Board to do all things for the good and betterment of the said county, keeping in mind at all times the good of the entire county, and the good of the whole people in the said county. Maintenance of Chain gangs. Sec. 18. Be it further enacted by the authority aforesaid, that the ordinary of Dawson shall turn over to the said Commissioners of Roads and Revenues all books

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and papers or other documents pertaining to county matters that may be required of him by said Board. That said Board is hereby authorized if they deem it necessary and proper, to discard all old records and equip in lieu thereof the office of said Board with new records. Records in ordinary's office. Sec. 19. Be it further enacted by the authority aforesaid, that said Commissioners of Roads and Revenues of said County of Dawson shall have all the power and shall have the full right to exercise all the rights and powers heretofore vested under the General Law in the Ordinaries of the several counties of the State of Georgia when sitting for county purposes, and to exercise such other powers as are granted by law, or as are indispensable to their jurisdiction over county matters and the finances thereof. General powers. Sec. 20. Be it further enacted by the authority aforesaid, that this Act shall become effective on the 1st day of September, 1925. Effective Sept. 1 1925. Sec. 21. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Be it further enacted by the authority, that An Act to create a Board of Commissioners of Roads and Revenues for the County of Dawson; to define their duties and powers and prescribe their duties and qualifications; to provide for their selection, terms for which they shall be selected; their compensation, and for other purposes, approved July 31st, 1920, and the amendments thereto as approved August 8th, 1924, as set out in Acts of the General Assembly of Georgia, pages 326 and 327, and all Acts of every kind and nature creating Boards of Commissioners of Roads and Revenues in and for the County of Dawson, be and the same are hereby especially repealed and this said Board with Joel T. Miller as Chairman, and Ben Harbin and Henry Holcomb are hereby created in their place and stead and this Act is hereby operative when the Governor

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of the State approves the same by signing the said Bill and all laws and parts of laws in conflict with this Act be and the same are hereby repealed and this said Act is created in lieu of all laws and parts of laws in conflict with the same. Approved August 25, 1925. DECATUR BOARD OF COMMISSIONERS ABOLISHED. No. 196. An Act to repeal an Act to provide for a County Board of Commissioners for the County of Decatur, and to prescribe and define the powers and duties thereof, approved December 13, 1871, and to repeal the Act to revise, consolidate and amend said Act of 1871, approved September 26, 1891, and to repeal the Acts to revise, consolidate and amend said Act of 1871, approved August 15, 1904, also the Acts amendatory thereof approved February 28, 1876, August 20, 1906, August 16, 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 passing of this Act, that the Act entitled an Act, to provide for a county Board of Commissioners for the County of Decatur and to prescribe and define the powers and duties thereof, approved December 13, 1871, and the Act to revise, consolidate and amend said Act of 1871, approved September 26, 1891, and the Act to revise, consolidate and amend said Act of 1871, approved August 15, 1904, and also the Acts amendatory of said Acts, approved February 28, 1876, August 20, 1906, August 16, 1920, be and the same are hereby repealed, including said original Act, revising and consolidating Acts and all Acts amendatory thereof as hereinbefore referred and set out. Acts repealed.

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Provided, however, that the members of the present Board of Commissioners shall remain in office and perform their duties until a new Board of Commissioners shall have been elected and qualified under the provisions of an Act of the Legislature establishing a Board of Commissioners of Roads and Revenues for Decatur County. Board to remain in office until new Board qualified. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 11, 1925. DECATUR BOARD OF COMMISSIONERS CREATED. No. 195. An Act to create a Board of Commissioners of Roads and Revenues for the County of Decatur, State of Georgia; to provide for the election, qualification and terms of office of members thereof; to prescribe their powers, duties, qualifications and compensation; to provide for the appointment of a clerk to provide when and how this Act shall become effective; to provide for an election of members of said Board after this Act shall have been approved; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues is hereby created for the County of Decatur. Said Board shall consist of three residents who are citizens and qualified voters of said county and who shall be elected by the qualified voters of the entire county as hereinafter provided. One of said commissioners shall be a resident of that part of Decatur County lying west of Flint River, one of said Commissioners shall be a resident of the 513th Militia District, known as the Bainbridge District, of said county, and the other Commissioner

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shall be a resident of that part of Decatur County lying east of Flint River outside of said Bainbridge district. Board of three members. Districts Sec. 2. Immediately after the approval of this Act it shall be the duty of the Ordinary of said county to call an election to be held in the usual voting precincts of said county thirty days after the date of said call, notice of which election shall be published once a week in the official newspaper of said county prior to the date of said election, which election may be participated in by all of the qualified voters of said county, qualified to vote for members of the General Assembly of Georgia, for the election of three members of the Board of Commissioners of Roads and Revenues of Decatur County provided for by this Act. Said Ordinary shall prepare and send out to election managers of the various precincts the necessary election papers, and returns of said election shall be made by the said manages to the Ordinary, and with him consolidated and the results declared by said Ordinary. The same rules shall apply to the holding of said election as by law apply to elections for members of the General Assembly. Those candidates voted for in said election, the three receiving a majority of all votes cast shall be declared elected, and shall immediately thereafter qualify for service. Election. Sec. 3. The members of the present Board of Commissioners shall remain in office and perform their duties until the new Board of Commissioners hereby created shall be elected and qualified, then their functions are to cease. In the event said election so called should not be held, or the election should not be called in compliance with this Act, then and in that event the Judge of the Superior Courts of the Albany Circuit shall appoint three Commissioners to serve under the provisions of this Act. Present Board to remain until new Board qualified. Appointments, if election not held. Sec. 4. The first Board of Commissioners to be elected, or appointed, as the case may be, under this Act shall

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serve for the following terms of office, or until their successors are elected and qualified, to-wit: The term of one Commissioner shall be until January 1, 1927, and the term of the other two Commissioners shall be until January 1, 1929, said three Commissioners shall determine among themselves, by lot who shall serve the short term and who shall serve the long term. The term of office of said Commissioners shall be for four years. Thereafter one Commissioner shall be elected at the next general election, and then two Commissioners shall be elected at the next general election, following. Terms. Sec. 5. The members of said Board of County Commissioners, before entering upon their duties, shall take an oath before the Ordinary or the Clerk of the Superior Court, to faithfully and honestly discharge all the duties of the office of County Commissioner accrding to the laws and the Constitution of the State of Georgia, which oath shall be subscribed by them and recorded upon the minutes of said Board. Oath of office. Sec. 6. Any vacancy in the office of Commissioner shall be filled by the remaining Commissioners, for and during the unexpired term for which the vacancy was occasioned. In case the remaining Commissioner can not agree, the judge of the Superior Courts of said Albany Circuit shall appoint. Vacancies. Sec. 7. Be it further enacted by the authority aforesaid, that said Board of County Commissioners shall hold a regular meeting on the first Monday in every month at the Court House in said County, but they may hold special meetings at any time and place in said county that their duties may require. At the first meeting of the Board one of the members shall be elected Chairman, whose duties shall be to preside at all meetings and who shall retain that position during his term of office. At all meetings two members shall constitute a quorum to transact business, and the concurrence of any two members of

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said Board shall be necessary to decide all questions. It shall be the duty of the Sheriff, when required, to attend the meetings of said Board, for which service he shall be allowed three dollars per day. Meetings monthly. Chairman. Quorum. Sec. 8. The said County Commissioners shall be paid out of the county treasury, as salaries for their services, the sum of four hundred ($400.00) dollars per annum, for each Commissioner, the same to be paid monthly. Salaries. Sec. 9. Be it further enacted, that said Board shall elect a clerk who shall serve for a term of four years, unless sooner relieved for cause by said Board, and such clerk shall receive such salary as may be fixed by said Board. Said clerk shall attend all meetings of the Board, shall keep or supervise the keeping of the books of accounts and records of said Board, shall keep a record of all the acts and doings of said Board and record the same in a book of minutes, he shall keep a book of inventory of all county property including live stock, road machinery, road working tools and equipment of all kinds, chaingang outfits, and every other kind and class of property belonging to the county, with a fair valuation of the same, where located, in whose custody and in what condition, which inventory shall be carefully revised once each year, and said clerk shall keep such other books and records as may be necessary or as the Board may require, including a roster of public roads and militia districts, and shall perform generally all and singular the acts and duties necessary to be performed by him as such clerk. Before entering upon the discharge of his duties said clerk shall take and enter of record on the minutes a similar oath to that taken by said Commissioners. Clerk. Sec. 10. Be it further enacted by the authority aforesaid, that said Board of County Commissioners shall, in their discretion, employ a superintendent of roads and bridges, who shall be selected on account of his efficiency and knowledge and skill in practical road and bridge

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building. Said superintendent may at the same time be the warden of convicts, but he shall not follow any other business or calling during his term of office. He shall have charge of the laying out, building, repairing, improving and maintaining the public roads and bridges of the county under the orders of the Board of County Commissioners. He shall receive such salary as may be fixed by said Board, and his term of office shall be such as may be fixed by said Board, with authority reserved to said Board to discharge him at any time and employ a successor. Superintendent of Roads and Bridges. Sec. 11. Be it further enacted by the authority aforesaid, that said Board of County Commissioners of Roads and Revenues shall have, and they are hereby vested with exclusive jurisdiction over the following matters: In directing and controlling and caring for all county property; in levying taxes according to law; in establishing, abolishing, altering public roads, private ways, bridges and ferries according to law; in establishing, abolishing and changing election precincts and militia districts; in supervising the tax collector's and tax receiver's books and allowing the insolvent list for said County, according to law; in settling all claims against the county, examining and auditing all claims or accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or purposed to be used by its use and benefit and bringing them to settlement, and especially are they charged with the duty to examine and audit at intervals the books of the county treasurer, the tax collector, tax receiver, sheriff, and other officers of said county through whose hands may pass, and this may be done by the Commissioners, their clerk or their designated auditor, and they may require from such officers such reports as may be necessary to keep said Board of County Commissioners fully informed at all times of the financial condition of the County; in controling, caring for and managing the convicts of the county

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according to law; in making such rules, regulations and provisions for the support of the poor of the county; in preserving and promoting the public health of the county, with authority to quarantine against contagious diseases and epidemics, as provided by law; in regulating peddling and fixing license fees according to law; in the levying and collecting of the road taxes and in trying all road defaulters, according to law; and generally to have and exercise all the powers which are by the Constitution and laws of Georgia vested in Ordinaries when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances, including all powers not inconsistent with this Act, which have been heretofore exercised by the Board of Commissioners of Roads and Revenues of Decatur County under the Act approved August 15, 1904, and under all Acts amendatory thereof; in selecting and appointing all subsidiary officers and employees of the county, whose election or appointment is not otherwise provided for by law, such as superintendent and guards of convicts, county physician, health officer, tax assessors, janitor of the court house, and other employees or officials as may be required or authorized by law. Said Board shall have entire management and control of the convicts of said county sentenced to work upon the roads or public works of said county, and all convicts of the State assigned to work in said county by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing and maintaining the public roads, bridges and public works of said county and the streets of the City of Bainbridge as now provided by law, or may be hereafter adopted or enforced by law in said county. Powers and duties of Board. Sec. 12. Be it further enacted by the authority aforesaid, that said Board of County Commissioners may receive contributions for the building or improvement of

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the public roads and bridges of the county from persons who own property along the same or from any other persons or from the State Government or the United States Government, and such contributions received shall be used for the improvement of the roads and bridges designated by the contributor. Contributions for improvements. Sec. 13. Be it further enacted by the authority aforesaid, that it shall be unlawful for said Commissioners to employ any person related within the second degree either by blood or marriage to any member of said board, or contract with such person or persons for any equipment, materials or supplies to be used upon the public roads, bridges or other public works of said county. If any Commissioner knowingly or wilfully violates any provision of this section he shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor as provided by the Penal Code of Georgia, and shall also forfeit his office or be discharged from employment. Unlawful employments and contracts. Penalty. Sec. 14. Be it further enacted by the authority aforesaid, that said Board may employ a competent attorney to act as attorney for said county, and shall pay for such legal services such compensation as said Board, in its discretion, may deem reasonable. County attorney Sec. 15. Be it further enacted, that whenever practicable, in the discretion of the Board, all supplies, equipment and materials used by the county shall be purchased after notice and competitive bids received by said Commissioners. Whenever said Commissioners deem it advisable or necessary in their discretion that any perishable property belonging to the county be sold, they shall sell same, after due advertisement in the official gazette of the county, at public outcry to the highest bidder for cash before the court house door. Purchases and sales. Sec. 16. Be it further enacted, that said Board is required under this Act to publish monthly in the official gazette

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of said county a synopsis of itemized expenditures of the County, approved by said Board during the preceding month, showing the amount paid out, to whom paid, and the general character of the expenditure, also of the receipts paid to the treasurer, and the source of same, in order that the general public may be fully in formed at all times the receipts and disbursements of the county and its financial condition. Monthly Statements. Sec. 17. Be it further enacted, that said Board of County Commissioners shall have the power to supply by appointment all vacancies in county offices, and in odering elections to fill the same in the same manner as said powers are now given to the Ordinaries of the Counties. Vacancies in county officers. Sec. 18. Be it further enacted, that said Board of County Commissioners shall have the right to summons witnesses and to punish any and every person for contempt as the judges of the Superior Courts of this State now have. Enforcement of regulations; summons and contempt. Sec. 19. Be it further enacted, that if any section of this Act shall be held invalid, such invalidity shall not be construed to effect the validity of any other portion of this Act. Provided, that this Bill shall not become effective or operative until the same is approved at an election by a majority of the qualified registered voters of Decatur County; which said election shall be called by the Ordinary of said County not earlier than thirty days nor later than sixty days after approval of said Act, to be held at the usual polling precincts in said County and as elections for members of the General Assembly are held. The Ordinary shall give notice of said election by publishing the same in the official organ of the county three consecutive times immediately preceeding said election. The Ordinary shall prepare and have printed suitable ballots For new Commissioners Bill and Against new Commissioners Bill, the returns of which said election shall be consolidated and made as in other elections. Provisions held invalid not to affect remainder. Election. Ballots.

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Sec. 20. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1925. DECATUR BOARD OF COMMISSIONERS; ELECTION TO RATIFY. No. 387. An Act to amend an Act approved August 11, 1925, creating a Board of County Commissioners of Roads and Revenues for the County of Decatur, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, that an Act approved August 11, 1925, entitled an Act to create a Board of Commissioners of Roads and Revenues for the election, qualifications, and terms of office of members thereof; to prescribe their powers, duties, qualifications and compensation; to provide for the appointment of a clerk; to provide when and how this Act shall become effected; to provide for an election of members of said Board after this Act shall have been approved and for other purposes, being an Act providing for the purposes stated in the title and containing provision in the 19th Section thereof for a referendum be and is hereby amended by striking and repealing the 19th Section thereof, which provided for such referendum, and inserting in lieu thereof, the following language so that said Section 19 when amended shall read as follows: Act of 1925 amended. New Sec. 19 Be it further enacted that this Act shall become effective upon its approval at an election to be held in said County of Decatur as follows: The Ordinary of said county is hereby required to call an election by the qualified

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voters of said county not earlier than September 11th, nor later than October 30th, 1925, to be held in the usual manner of holding special elections in this State in which the qualified voters in said county shall vote on the question of this Act becoming effective. Those voting for the Act to become effective shall have printed or written on their ballots the words For new Commissioners Bill, those voting to the contrary shall have written or printed on their ballots the words Against new Commissioners Bill. The Ordinary shall give notice of said election by publication in the official organ of the County of three insertions preceding said election. The returns of said election shall be consolidated as in cases of elections for members of the General Assembly except that the returns shall be to the Ordinary of said County, who shall canvass said returns and declare the results. If the majority of those voting in said election shall vote For New Commissioners Bill, this Act shall become effective and Ordinary shall so declare. If a majority votes to the contrary the Act shall not become effective, and the Ordinary shall so declare. Election. Ballots. Approved August 25, 1925. DECATUR COUNTY; FISHING REGULATED. No. 185. To be entitled an Act to prohibit fishing in any manner in any of the streams, lakes and ponds in the County of Decatur during the months of April and May of each year. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act it shall be unlawful to fish with hook and line, rod and reel, trot line, nets or any manner whatever in any of the

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streams, lakes or ponds within the boundaries of the County of Decatur, State of Georgia, during the months of April and May of each year. This will not apply to privately owned fish ponds. Closed season for public waters. Sec. 2. Any one violating the provisions of this Act shall upon conviction be punished as for a misdemeanor. Penalty. Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 8, 1925. DECATUR TREASURER'S SALARY. No. 76. An Act to amend an Act approved August 16, 1915, providing that the Treasurer of Decatur County be placed on salary instead of commissions, so that said salary allowed and paid the Treasurer shall be $100.00 per month instead of $600.00 per annum. Section 1. 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 16, 1915, be, and the same is hereby, amended by striking from the third line of Section 1 the following: 1st day of January, 1917, and inserting in lieu thereof the words: passage of this Act, and further striking from said Section 1 of said Act the words, six hundred dollars a year, and inserting in lieu thereof the words, one hundred dollars per month, so that said Section 1 when amended shall read as follows: Act of 1915 amended. Sec. 1 read. 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 passage of this Act the Treasurer of Decatur County shall receive as sole compensation for his services a salary of One Hundred Dollars per month, to be paid by the Board of Commissioners of Roads and Revenues of said County from funds provided by them for such purpose in lieu of any or all commissions now paid and authorized by law. Salary $100 a month. Sec. 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved July 27, 1925. DeKALB COMMISSIONER, COMPENSATION OF. No. 333. An Act to amend an Act approved August 6, 1924, entitled 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, 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 2 of said Act, approved August 12, 1919, as amended by an Act approved August 6, 1924, the words and figures three thousand ($3,000.00) dollars per annum, and inserting in lieu thereof the words and figures, thirty six hundred ($3,600.00) 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,

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that an Act approved August 6, 1924, amending 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 2 of said Act approved August 12, 1919, as amended by an Act approved August 6, 1924, the words and figures three thousand ($3,000.00) dollars per annum, and inserting in lieu thereof the words and figures thirty six hundred ($3,600.00) dollars per annum; so that said section when thus amended shall read as follows: Act of 1919 amended. Sec. 2. read. Section 2. Said Commissioner shall receive as his entire compensation the sum of thirty-six hundred ($3,600.00) dollars per annum, to be paid monthly out of the country 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 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

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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 mal-feasance in office or any tort or wrong committed under cover of his office, as well as for neglect or nonfeasance. Salary $3,600 per annum. Sec. 2. Be it enacted further by authority aforesaid, that this Act shall become effective and of force September 1, 1925. Effective Sept. 1, 1925. 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 20, 1925. DODGE COMMISSIONERS; CLERK'S SALARY. No. 330. An Act to amend an Act approved August 19, 1912, entitled an Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, provide the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs, and for other purposes, so as to increase the amount to be paid for the clerical expenses of said officer, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That an Act approved August 19, 1912, entitled an Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, provide the methods of election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of County affairs, and for other purposes,

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be, and the same is hereby, amended by striking from Section 6 of said Act the following sentence: Act of 1912 amended. He is authorized to employ a clerk to keep his minutes and books and to pay such clerk such salary as he may fix, not to exceed six hundred ($600.00) dollars per annum, to be paid monthly out of the county treasury, and substituting therefor the following: He is authorized to employ a clerk and such other clerical help as he may deem necessary, to keep his minutes and books, and to perform such other duties as he may require, provided that the total amount paid for the services of said clerk and such other clerical help as may be employed shall not exceed the sum of $100 per month. $100 a month maximum 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. Approved August 20, 1925. DOUGLAS COMMISSIONERS; ACT OF 1923 REPEALED. No. 279. An Act to repeal an Act of the General Assembly approved July 31st, 1923, being local Act No. 23, pages 238 and 239 Acts of 1923, providing for the repeal of an Act approved December 20, 1900, as amended by an Act approved July 30th, 1903, amending the Act creating the Board of Commissioners of Roads and Revenues of Douglas County, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, that an Act of the General Assembly of Georgia approved July 31st, 1923, being local Act No. 23, pages 238 and 239, Acts of

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1923, Georgia Laws, providing for the repeal of an Act approved December 30, 1900, as amended by an Act approved July 30, 1903, amending the Act creating the Board of Commissioners of roads and Revenues of Douglas County, Georgia, be and the same is hereby repealed. Act of 1923 repealed. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18, 1925. DOUGLAS FISHING LAWS; ACT OF 1923 REPEALED. No. 75. An Act to repeal an Act approved August 3, 1923, and recorded on page 132 of the Acts of 1923, entitled an Act to prevent fishing in Douglas County, Georgia, except in private ponds for a period of five years, except with hook and line, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that an Act entitled an Act to prevent fishing in Douglas County, Georgia, for a period of five years except with hook and line, and for other purposes, approved August 3, 1923, and recorded on page 132 of the Acts of 1923, be and the same is hereby repealed. Act of 1923 repealed. Approved July 27, 1925.

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DOUGLAS GAME LAWS; ACT OF 1923 REPEALED. No. 67. An Act to repeal an Act approved August 3, 1923, and recorded on pages 133 and 134 of the Acts of 1923, entitled an Act to prevent the shooting of quail or partridges in Douglas County, Georgia, for the period of five years; provide a penalty for the same, and for other purposes. Section 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, approved August 3, 1923, and recorded on pages 133 and 134 of the Acts of 1923, to prevent the shooting of quail or partridges in Douglas County, Georgia, for a period of five years, and for other purposes, be and the same is hereby repealed. Act of 1923 repealed. Approved July 27, 1925. DOUGLAS TREASURER'S SALARY. No. 69. An Act fixing the salary of the County Treasurer of Douglas County, Georgia, 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 his Act, the County Treasurer of Douglas County, Georgia, shall receive a salary of Four Hundred and Twenty Dollars ($420.00) per annum payable monthly, out of the tax fund levied to pay county officers. Salary $420 per annum. 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 27, 1925.

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EARLY TREASURER'S SALARY. No. 198. An Act to pay the Treasurer of Early County a salary of $800 per annum in lieu of all fees and commissions now allowed by law, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that on and after January 1st, 1929, the Treasurer of Early County shall be paid out of the County Treasury a salary of $800 per annum in lieu of all fees and commissions now allowed by law. Salary $800 per annum effective Jan. 1, 1919. Sec. 2. Be it further enacted, that on and after January 1st, 1929, the Treasurer of Early County shall be required to furnish a surety bond in the sum of $40,000 conditioned for the faithful performance of his duties, and for the proper accounting of all moneys coming into his possession as Treasurer of and belonging to the County of Early. Said bond to be approved by the Board of Commissioners of Roads and Revenues of Early County, or the Ordinary of Early County in the event there should be no Board of Roads and Revenues and County Commissioners of the County of Early. Bond. 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, 1925. EFFINGHAM TREASURER'S OFFICE CREATED. No. 117. An Act to create the office of County Treasurer for the County of Effingham, to provide a salary for said office, the manner in which the same shall be paid, giving of the bond, the manner in which said office shall be filled, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that on and after October 1st, 1925, (October first, nineteen hundred and twenty-five) there shall be a County Treasurer in and for the County of Effingham. Office created; effective Oct. 1, 1925. Sec. 2. Be it further enacted by the authority aforesaid, that the duties of said County Treasurer shall be the same as are now required of County Treasurers under the General Law of said State in all things pertaining to the office of County Treasurer. Duties. Sec. 3. Be it further enacted by the authority aforesaid, that the County Treasurer shall be elected by a vote of the people of said County, at the same time and in the same manner as other county officers are elected, and shall hold office for a term of four years, the first elective to said office to begin January 1st, 1929. Election in 1929. Sec. 4. Be it further enacted by the authority aforesaid, that immediately after the passage of this Act the Governor of said State shall appoint some suitable and proper person, who shall be a citizen of said county, and who shall have resided in said county two years or more, next preceding said date of appointment as county Treasurer for said county, who shall give the necessary bond and take the oath of office as now prescribed by law for county officers, and shall hold office until January 1st, 1929, the date of his appointment being from October 1st, 1925, to January 1st, 1929; when the person elected in the general election for the year 1928; shall qualify and take charge of said office, and should a vacancy occur in said office at any time before January 1st, 1929, the same shall be filled by appointment made by the Governor; any vacancy occuring after January 1st, 1929, shall be filled provided by law for filling in county offices. Appointment of first incumbent. Sec. 5. Be it further enacted by the authority aforesaid, that said County Treasurer shall take a bond in a

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security or bonding company and the premiums on said bond shall be paid by the Board of Commissioners of Roads and Revenues of said county, and said County Treasurer shall receive a salary of $900.00 per annum for his services, which shall be paid monthly upon a warrant drawn by said Board of Commissioners of Roads and Revenues of said County, and they shall furnish said office with well bound books and all other things and fixtures that may be necessary in the proper conduct of said office. Bond. Salary. Books, etc., furnished. 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 ae hereby repealed. Approved August 3, 1925. ELBERT BOARD OF COMMISSIONERS; ACT AMENDED. No. 13. An Act to repeal the Act of 1919 the same being an Act to amend Act appoved August 11th, 1913, creating the office of Commissioner of Roads and Revenues for the County of Elbert and pescribing his term, qualifications and duties so as to provide 4 additional Commissioners, to be known as Bond Committee of said Commission, to prescribe the method of their selection, term of office and duties; to repeal all of Section 1 and Section 1a as contained in Section 2 of said Act; to require the Bond Committee to deliver to the County Commissioners all moneys, credits, debts, accounts, letters and records of all kinds whatsoever; to require the County Commissioner of said County to demand of the Bond Committee all moneys, credits, debts, accounts, letters and records pertaining to said office of all kinds whatsoever and to file same in his office; to require the

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County Commissioner to co-operate with the State Highway Board of Georgia in the construction of roads and bridges in said county; to restore all rights, duties, and obligations taken away from the County Commissioner in the Act approved August 14th, 1919; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same; that the act approved August 14th, 1919, same being An Act to amend an Act approved Aug. 11th, 1913, creating the office of Commissioner of Roads and Revenues for the County of Elbert and prescribing his term, qualifications and duties, so as to provide four additional Commissioners to be known as the Bond Committee of said Commissioners, to prescribe the method of their selection, term of office and duties, be and the same is hereby repealed. Act of 1919 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that all of Section 1 and Section 1a, to-wit: Section 1; Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Elbert approved August 1th, 1913, be and the same is hereby amended as follows: By adding a new section to be known as Section 1a immediately following Section 1 of the said Act of 1913 to read as follows: Act of 1913 amended. Section 1a. There shall be also four additional Commissioners of Roads and Revenues of said County, to be known as the Bond Committee of said Board of Commissioners, whose qualifications shall be the same as the Commissioners mentioned in said Act, and who shall take the same oath, and who shall be appointed by the Governor for the term of four years, to begin from the date of approval of this Act. Said Bond Committee shall have

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exclusive control and sole direction of the sale or disposal of all County Bonds issued for the purpose of roadbuilding, of road-improvement or for any other public construction in said county as fully as said authority has heretofore vested in said County Commissioner of Roads and Revenues. They shall also have sole control and direction of the expenditure of all moneys arising from such sales of bonds and the location and construction of such roads and public works on which said money is expended as fully as such authority was heretofore vested in the County Commissioner of Roads and Revenues of said County. They shall also represent the county in all dealings with the State Highway Commission relative to State Aid roads or matters concerning State Aid of Federal Aid for county roads with the same authority as has heretofore been vested in said County Commissioner of Roads and Revenues. All of the authority which has heretofore been vested in said County Commissioner of Roads and Revenues for the purposes set forth are hereby transferred from said official to said Bond Committee. Any action to be legal must be taken at a meeting held at the court house of said county, notice of which meeting has been served on all members of the Bond Committee, either personally or by two consecutive advertisements in the newspaper which carries the county advertisements; any member of said Committee having the right to call such meeting. Three members in attendance shall constitute a quorum for legal action, but any action must be supported by at least three members voting in the affirmative. The minutes and records of said Committee shall be kept as part of the records of the office of the County Commissioners of Roads and Revenues. The said Committee shall receive as remuneration for their services $5.00 per day for days engaged, and that they shall be allowed a clerk at the same salary; provided, that no member of said Committee shall receive more than sixty ($60.00) per annum as such salary. They shall also have

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sole and exclusive control and direction of the expenditure of all moneys received from the State or Federal Government for such road building or road improvement or repairs. All other authority relative to the control of county matters heretofore vested in said County Commissioner of Roads and Revenues mentioned in said Act of 1913 shall remain in such commission, and said Bond Committee shall have no authority in respect thereto whatever. Each member of said Bond Commission to give bond with good security in the sum of 10,000 dollars to be approved by the Ordinary and conditioned upon the faithful performance of duty and accounting for all funds handled, be and the same are hereby repealed. Sec. 1A. Board enlarged; four additional Commissioners to serve as Board Committee. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Bond Committee to deliver to the County Commissioner of said county all moneys, credits, debts, accounts, letters and records pertaining to said office, of all kinds whatsoever forthwith. Delivery of moneys, etc. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the County Commissioner of said county to demand of the said Bond Committee of said county all moneys, credits, debts, accounts, letters and records pertaining to the further duty of said office of all kinds whatsoever, forthwith and when he has obtained possession of them to file and keep them in the records of his office. It shall be the further duty of said County Commissioner to co-operate with the State Highway Board of Georgia in the construction of roads and bridges in Elbert County. Receipt of moneys and records by Commissioner. Sec. 5. Be it further enacted by the authority aforesaid, That all rights, duties and obligations are taken away from said County Commissioner by said Act approved August 14, 1919, be and the same are hereby restored to said County Commissioner. Rights taken away by Act of 1919 restored.

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Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 18, 1925. ELBERT TAX COMMISSIONER CREATED. No. 144. An Act to abolish the office of Tax Receiver and Tax Collector of Elbert County, Georgia; to create the office of County Tax Commissioner of Elbert County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to Tax Receiver and Tax Collector when the provisions of this Act become effective shall be of full force and effect as the County Tax Commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas theretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the Tax Receiver and Tax Collector were it not for the provisions of this Act, shall be collected by the County Tax Commissioner herein provided for and paid into the treasury of Elbert County, Georgia; to provide for the election of said County Tax Commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in Article eleven (11), Section three (3), paragraph one (1), and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the offices of Tax Receiver and Tax Collector of Elbert County, Georgia, are hereby abolished,

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and the duties of the two offices aforesaid are hereby consolidated into one office. Tax receiver and Tax Collector; offices abolished. Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Tax Commissioner of Elbert County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties and liabilities of the said office of County Tax Commissioner of Elbert County shall be the same as the rights, duties and liabilities of the Tax Receiver and Tax Collector of said county so far as same are applicable. Office created. Sec. 3. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act becomes effective, and all tax fi. fas. theretofore issued by the Tax Collector of Elbert County, Georgia, shall have full force and effect, and be collectible as issued. Taxes now due collectable. Sec. 4. Be it further enacted by the authority aforesaid, that all fees, commissions and all other compensation allowed to the Tax Receiver and Tax Collector of Elbert County; Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said County Tax Commissioner and paid into the treasury of Elbert County, Georgia. Fees and commissions. Sec. 5. Be it further enacted by the authority aforesaid, that the compensation of the County Tax Commissioner of Elbert County, Georgia, shall be a sum equal to fifty (50%) percent of the fees, commissions and all other compensation accruing to the Tax Receiver and Tax Collector of Elbert County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, and same shall be paid proportionately, monthly as near as the same can be estimated, until the same is changed by law. Compensation.

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Sec. 6. Be it further enacted by the authority aforesad, that before entering upon the duties of his office the said County Tax Commissioner shall take the oath now prescribed by law for the Tax Collector and shall give bond in double the amount of money reasonably estimated to pass through his hands annually which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bond shall be paid by the said Tax Commissioner of Elbert County, Georgia. Oath of office. Sec. 7. Be it further enacted by the authority aforesaid, that the first election of County Tax Commissioner of Elbert County shall be held at the same time and under the same laws as other county officers are now elected at the general election for county officers in the year 1928, and quadrennially thereafter and that the person so elected shall enter upon the duties of the office hereby created on January 1st, 1929, and shall serve for a term of four years. If a vacancy should occur then the office shall be filled in the same manner as vacancies are filled in other county offices. Election. Vacancy. Sec. 8. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the Court of last resort of this State to be unconstitutional the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional. The purpose of this Act being to put into effect the Constitution of this State as is contained in Article Eleven (11), Section three (3), paragraph one (1). Portions held unconstitutional not to affect remainder. Sec. 9. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 7, 1925.

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FLOYD TAX COLLECTOR'S SALARY. No. 19. An Act to amend an Act approved August 21st, 1906, to amend an Act approved September 25th, 1883, amending an Act approved February 19th, 1876, to regulate and prescribe the compensation of the Tax Collector and Receiver of Floyd County, so far as relates to the collecting and receiving of the county taxes of said county, and to regulate and prescribe the compensation of the county Treasurer of said county, by striking out the words eight hundred as appears in the last line of Section 1 of the Act approved August 21st, 1906, and by inserting in lieu thereof the words two thousand dollars, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that the Act approved August 21st, 1906, to amend an Act approved September 25th, 1883, be and the same is hereby amended by striking out the words eight hundred as appears in the last line of Section 1 of said Act and insert in lieu thereof the words two thousand dollars. Act of 1906 amended. Salary $2,000. Sec. 2. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved July 18, 1925. FULTON COMMISSIONERS, COMPENSATION OF. No. 223. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton approved December 3, 1880, as amended by the Act approved September 29, 1881, and the Acts amendatory

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thereof, so as to fix compensation of said Commissioners, 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 Board of Commissioners of Roads and Revenues of the County of Fulton, approved December 3, 1880, as amended by the Act approved September 29, 1881, and the Acts amendatory thereof, be and the same is hereby amended so as to provide that each of said Commissioners shall receive as compensation the sum of $100.00 per month, payable monthly out of the County treasury. Act of 1880 amended. Salary $100 a month for each Commissioner. Sec. 2. All laws and parts of laws in conflict with the above Act are hereby repealed. Approved August 14, 1925. FULTON COMMISSIONERS; COMPENSATION OF CLERK. No. 221. An Act to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Fulton County, Georgia; provide for the appointment of a deputy clerk, and for other purposes. Section 1. Be it enacted by the General Assembly of State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the salary of the clerk of the Board of Commissioners of Roads and Revenues of Fulton County be fixed by said Commissioners at a sum not more than six thousand ($6,000.00) dollars per annum. Salary $6,000 per annum maximum. Sec. 2. Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenues of Fulton County be and they are hereby authorized to appoint a

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deputy Clerk to fix his or her salary, to define his or her duties. Said Deputy Clerk shall be appointed at the same time the Clerk is appointed, and shall hold office at the pleasure of the Board. Deputy Clerk. Sec. 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 14, 1925. GORDON TAX COMMISSIONER CREATED. No. 149. An Act to abolish the office of Tax Receiver and the office of Tax Collector of Gordon County, Georgia, and to create the office of County Tax Commissioner of said county; to fix the term of office and to prescribe the duties, powers and liabilities of the County Tax Commissioner of Gordon Count; to fix the compensations of said County Tax Commissioner and provide how the same shall be paid; to authorize the said County Tax Commissioner to employ the necessary office force for the proper transaction of the business of the office; to provide for the payment of the Treasurer of Gordon County, Georgia, the fees and commissions now allowed by law to the Tax Receiver and Tax Collector of said county; to authorize the Commissioner of Roads and Revenues of said county to levy and collect the necessary taxes with which to pay the salary and expeses of the office of County Tax Commissioner; to provide for the election of said County Tax Commissioner, 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 office of Tax Receiver and the office of Tax Collector of Gordon County, Georgia, are hereby

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consolidated and abolished, and the office of County Tax Commissioner of and for Gordon County is hereby established and created; that the terms of office of County Tax Commissioner of and for Gordon County, Georgia shall be four years; that the rights, duties and liabilities of said County Tax Commissioner of and for Gordon County, Georgia, shall be the same as the rights, duties and liabilities heretofore incumbent upon the Tax Receiver of Gordon County and the Tax Collector of Gordon County, Georgia, and that the laws now of force as to Tax Receivers and Tax Collectors shall be of full force and effect as to the County Tax Commissioner of and for Gordon County, Georgia, as far as the same are applicable and in so far as they are not herein expressly repealed; and said County Tax Commissioner shall not be required to leave his office for the transaction of business thereof. Tax Receiver [Illegible Text] Tax Collector; offices abolished. Offices created. Sec. 2. Be it further enacted by the authority of the aforesaid, That the taxes now due and payable and all fi. fas. heretofore issued by the Tax Collector of Gordon County, Georgia, shall have full force and effect and shall be collectible as issued. Taxes now due collectable. Sec. 3. Be it further enacted by the authority of the aforesaid, That the County Tax Commissioner of and for Gordon County, Georgia, is authorized to employ such assistants and clerks as will be necessary to transact, do and perform the duties of the office and that compensation for the same shall be paid for by said County Tax Commissioner of and for Gordon County, Georgia, out of his salary; that the fees and commissions heretofore allowed the Tax Receiver and Tax Collector of Gordon County shall be paid to the Commissioner of Roads and Revenues of Gordon County to be accounted for by him as other county funds are accounted for, and all commissions, fees, compensations and or other charges heretofore paid by the State of Georgia to the Tax Receiver or

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Tax Collector of Gordon County for collecting any of its taxes, either special, ad valorem, occupation and or any other tax or license of any nature whatever, shall be charged and collected by said Tax Commissioner of and for Gordon County, Georgia, and be paid to the Commissioner of Roads and Revenues of Gordon County, Georgia and they shall be accounted for by him as other county funds. Assistants. Fees and commissions. Sec. 4. Be it further enacted by the authority of the aforesaid, That the Commissioner of Roads and Revenues of Gordon County shall levy and collect a tax for maintanance of said office and of the office supplies and pay the salary of the said County Tax Commissioner of and for Gordon County, Georgia, and that the Commissioner of Roads and Revenues of Gordon County shall pay out of the general funds of the county the premium on any bond or bonds required of said County Tax Commissioner of and for said County Tax Commissioner of and for Gordon County, Georgia. Tax for maintenance of office. Premiums on bond. Sec. 5. Be it further enacted by the authority of the aforesaid, That the Commissioner of Roads and Revenues of Gordon County be and he is required to furnish and equip an office in the county court house for the use of said County Tax Commissioner of and for Gordon County, Georgia; and that the said County Tax Commissioner of and for Gordon County, Georgia, be and he is required to keep said office open every business day for the transaction of the business of his office. Equipment of office. Sec. 6. Be it further enacted by the authority aforesaid, That the authorities of Gordon County, Georgia, charged with the calling and holding of special elections be and they are required to call and hold a special election for the purpose of electing a County Tax Commissioner of and for Gordon County, Georgia, not later than November 26th, 1926, to serve from the date this bill shall become effective, as hereinafter provided, until December 31st,

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1928, and that thereafter any election of County Tax Commissioner of and for Gordon County, Georgia, shall be held at the same time as the general election for county officers is held and the length of the term of office of County Tax Commissioner of Gordon County, Georgia, is fixed at four years. Election. Term. Sec. 7. Be it further eacted by authority aforesaid, That the salary of the County Tax Commissioner of and for Gordon County, Georgia, be and the same is fixed at twenty-two hundred dollars per annum payable monthly out of the general funds of the said county. Salary Sec. 8. Be it further enacted by authority aforesaid, That this Act shall take effect and be of full force and effect on the first day of January in the year of Our Lord Nineteen Hundred and Twenty-seven. Effective Jan. 1, 1927. Sec. 9. Be it enacted by authority aforesaid, That all laws and or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925. GRADY TREASURER'S OFFICE ABOLISHED; DEPOSITORIES CREATED. No. 717. An Act to abolish the office of County Treasurer of Grady County and provide for the designation of three or more depositories to provide for the disposition of the funds of said county in said depositories and to provide for receiving and paying out county funds and for other purposes. Section 1. Be it enacted by the General Assembly of the state of Georgia and it is hereby enacted by authority of the same, That on and after the first day of November,

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1925, the office of County Treasurer of Grady County be and the same is hereby abolished. Office abolished; effective Nov. 1, 1925. Sec. 2. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues shall designate three or more legally chartered banks located in said county, as depositories, to become effective on the first day of November, 1925, and that the same be entered upon the minutes of said Board of Commissioners aforesaid. Designation of dispositories. Sec. 3. Be it further enacted by the authority aforesaid, That all officers having charge of the funds of said county shall deposit the same in such duly designated depositories by direction of said Board of Commissioners of Roads and Revenues. [Illegible Text] of funds. Sec. 4. Be it further enacted by the authority aforesaid, That the words County Funds as used in this Act shall include all funds raised by taxation or otherwise and all road tax of all kinds and all moneys coming into the county fund from all sources whatsoever to be used for roads or county purposes and all special taxes levied for special purposes, all appropriations either State or Federal for road building purposes and any or all other funds generally known as county funds. County Funds defined. Sec. 5. Be it further enacted by the authority aforesaid. That said Board of Commissioners of Roads and Revenues, may if they deem it necessary for the protection of the county, require a bond from said banks, payable to said county authorities, conditioned to faithfully account for all funds turned over to them by said county authorities in such sums as they may deem reasonable and just as will protect the county against loss. Bond. Sec. 6. Be it further enacted by the authority aforesaid, That no warrants or checks drawn on such county depositories shall be honored or paid by them or either

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of them except such as are now authorized to be paid by the Treasurer of said County of Grady. Warrants. Sec. 7. Be it further enacted by the authority aforesaid, That such depositories shall report to the county authorities having charge of the finances of said county as often as once every six months or oftener if required by said authorities, showing the amount of funds on hand and return all checks and orders, but this section shall not be construed to prohibit such banks from rendering the said county authorities their usual and customary statements. Reports. Sec. 8. Be it further enacted by the authority aforesaid, That upon and after the designation of said county depositories and when they have taken charge of said funds as set out in the preceeding sections of this Act and so long as they remain in such depositories, the Tax Collector of said county and all persons or officers collecting money due to said county or receiving any funds for the use of said county shall turn the same over to the said depositories; that all officers or other persons making deposits in any of the depositories as above set out take receipts for such deposits in duplicate, keeping one and turning the other over to the authorities having charge of the county finances, which is the Board of Commissioners of Roads and Revenues. In the event any county depository shall cease to be a depository for county funds from any cause whatever, then in that event all funds belonging to the county, together with all records, shall be turned over to the authorities of said county having charge of the funds thereof and shall be by them deposited in any other bank or banks which may have been lawfully designated as a county depository under the provisions of this Act. Delivery of moneys; receipts Sec. 9. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents as provided for in this Act shall be liable both civilly and

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criminally, just as County Treasurer are liable for any non-feasance or malfeasance of duty and that said county authorities shall have the right to proceed against said depository or the securities on their bonds as said Treasurer may now be proceeded against in the case on non-feasance or malfeasance in the conduct of the affairs of his office. Liability for malfeasance. Sec. 10. Be it further enacted by the authority, That it shall be the duty of the County Commissioners of Roads and Revenues of Grady County to see that all funds belonging to the county are as nearly as possible, equally divided among said three designated depositories. Equal division of funds among three depositories. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925. GREENE BOARD OF COMMISSIONERS ABOLISHED. No. 167. An Act to repeal an Act entitled an Act to create the Office of Commissioner of Roads and Revenues in and for Greene County; provided the method of election of such officers; prescribe his duties and powers; fix his salary and term of office; provide for the management of county affairs in interim, and for other purposes, approved August 7, 1907, and all acts amendatory thereof, especially including the Act Amendatory thereof approved July 29, 1914, and entitled as follows: An Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues in and for Greene County; to provide the method of election

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of such officer; to prescribe his duties and powers; fix his salary and term of office; provide for the management of county affairs in interim; and for other purposes, approved Aug. 7, 1907, so as to provide that the Commissioners shall consist of five members instead of one as by said Act provided; to provide that said Board shall be elected by popular vote; to provide for the filling of vacancies; for the term of office of the commissioners; for the compensation of the commissioners; for the divisions of the county into road districts; for the oath and bond of said Commissioners; when this Act shall become effective, and for other purposes. To abolish the Board of Commissioners of Roads and Revenues in and for said county as created by said original and amending Acts; to provide when this Act shall become effective; to repeal conflicting laws and for other purposes. Section 1. Be it enacted by authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to create the office of Commissioner of Roads and Revenues in and for Greene County; provide the method of election of such officer; prescribe his duties and powers; fix his salary and term of office; provide for the management of county affairs in interim, and for other purposes, approved August 7, 1907, and all Acts amendatory thereof, especially including the Act amendatory thereof approved July 29, 1914, and entitled as follows: Acts of 1907 and 1914 repealed. An Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues in and for Greene County; to provide the method of election of such officer; to prescribe his duties and powers; fix his salary and term of office; provide for the management of county affairs in interim; and for other purposes, approved August 7, 1907, so as to provide that the

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Commissioners shall consist of five members instead of one as by said Act provided; to provide that the said board shall be elected by popular vote; to provide for the filling of vacancies; for the term of office of the Commissioners; for the division of the county into road districts; for the oath and bond of said Commissioners; when this Act shall become effective and for other purposes. Be and the same is hereby repealed and the Board of Commissioners of Roads and Revenues in and for said County as created by said original and amending Acts, is hereby abolished; provided, however, this Act shall not be operative or effective until on and after January 1, 1927, and until House Bill No. 578 creating another Board of Commissioners in and for said county has been enacted into law, and until the Commissioners provided for in said bill are elected and qualified as therein provided. Effective Jan. 1, 1927, provided another Board created. Sec. 2. Be it further enacted by the authority aforesaid, and it is enacted by said authority, That all laws and parts of laws in conflict with this Act be and they hereby are repealed. Approved August 7, 1925. GREENE BOARD OF COMMISSIONERS CREATED. No. 197. An Act to create the office of Board of Commissioners of Roads and Revenues in and for Greene County, Georgia; to provide for the number of such Commissioners, and their qualifications, and to provide for the method and time of their election and that such election shall be by the Grand Jury of said County to prescribe their duties and powers; to fix their term of office and to provide for the filling of vacancies in

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said office; to provide for the election or appointment by said Board of an officer or agent to actively supervise and superintend, and devote his time to, the affairs of said county, and to fix his salary and qualifications and his term of office; to fix the salaries and compensation of said Commissioners; to provide for the clerical expense of said Board; to provide for the management of county affairs ad interim; to provide when this Act shall become effective; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia, is hereby created. Said Board shall consist of three members who shall be free holders and qualified voters of said county and otherwise eligible to hold county office. Said Board shall at its first meeting as hereinafter provided, on the first day in January, 1927, and thereafter on the first Wednesday in January of each succeeding year, organize and select its chairman, and make such rules and regulations for the government of said Board as may to said Board appear proper, such rules and regulations to be not inconsistent with this Act and not contrary to the law. Board created. Three members. Chairman; regulations. Sec. 2. Be it further enacted by the authority aforesaid, That said Commissioners shall be elected by the Grand Jury of said County of Greene. The first election shall be held by the Grand Jury convening at the July term 1926 of Superior Court of Greene County, Georgia, on the Fourth Monday in July, 1926. At which time three Commissioners shall be elected to serve until January 1, 1929, and until their successors are elected and qualifed. The terms of Such Commissioners beginning on January 1, 1927, and this Act being effective January 1, 1927. Election by Grand Jury.

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At the Grand Jury of the Superior Court of said county convening for the July term, 1928, of Greene Superior Court, on the fourth Monday in July, 1923, (unless the term of holding court shall have been changed and then at the term nearest such July Term) there shall be elected three Commissioners to serve for the full term of two years and until their successos are elected and qualified, from January 1st, 1929, until January 1, 1931; and thereafter elections shall be held every two years (unless otherwise provided in this Act) the Commissioners to be elected by the July Grand Jury of said County immediately before the beginning of their term of office. The term of the Commissioners under this Act shall be two years and until their successors are elected and qualified. Terms. No persons shall be elected a member of said Board of Commissioners of Roads and Revenues in and for Greene County, unless he shall receive two thirds of the votes cast by the Grand Jury in such election. Two-thirds vote necessary go elect. Sec. 3. Be it further enacted by the authority aforesaid, That a vacancy in said Board shall exist when a member or members die, or remove without the limits of said county, or be convicted of mal-feasance or mis-feasance in office, or in any other way now provided by law. Vacancies. Should a vacancy occur in said Board for any reason, the remaining Commissioners shall elect a successor to the Commissioner causing such vacancy, the term of such successor to be until the next July Grand Jury of said county, when the vacancy shall be filled by the election of a Commissioner to fill the unexpired time of the vacancy. Should for any reason no Commissioner be elected by such Grand Jury, the Commissioner elected by said other Commissioners shall remain in office until

Page 656

his successor is elected by a July Grand Jury of said county and qualified. Sec. 4. Be it further enacted by the authority aforesaid, That before entering upon their duties, each of said Commissioners shall take and subscribe to the following oath before the ordinary or acting ordinary of said county: Oath of office. I,....., do solemnly swear or affirm that I consider myself reasonably competent to discharge the duties of Commissioner of Roads and Revenues in and for Greene County, and promise to faithfully discharge and perform such duties to the best of my liability and knowledge, having in mind the welfare of the entire county, and without fear, favor, or affection. Each Commissioner shall further give bond in a good and solvent surety company, approved by the ordinary of said county, in the sum of five thousand dollars, conditioned for the faithful performance of his duty as Commissioner, so long as he holds such office or discharges any of the duties thereof; which bond shall be recorded by said ordinary in the book kept by him for the record of bonds of county officers. The premiums of such bonds shall be paid by Greene County out of county funds. Bond. Sec. 5. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have exclusive jurisdiction over all county affairs; and full and exclusive jurisdiction, power and authority in directing and controlling all the property of said county, in levying and collecting taxes, in providing for the revenues of said county and in collecting and disposing of the taxes and revenues. Said Board of Commissioners shall have exclusive control and jurisdiction over all roads, bridges and ferries of and in said county with the power to alter, establish, and abolish roads, ferries and bridges; to establish, abolish or change election precincts in militia districts

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in said county; to supervise the books and lists of the tax collector and tax receiver of said county; to examine and audit the accounts of all officers having the control, management, collecting or disbursing of money belonging to the county, and to bring such officers to account and settlement; to control and manage the convicts of said county; to regulate the management and control of the poor of said county; to regulate peddling; to name or elect all minor officials of said county not otherwise provided for by law, such as wardens, guards, district road overseers, etc., to name and pay a county attorney and county physician; to audit and settle all claims against said county. Said Board shall have exclusive jurisdiction over all subject matters enumerated in section 4796 Code of Georgia of 1910. Said Board shall be vested with all powers and duties conferred by the laws of this State upon ordinaries when sitting for county purposes, and all powers and authority heretofore possessed by other Bo[UNK]ards of Commissioners of Roads and Revenues in and for said county; and such as are generally conferred upon county authorities; together with such other powers and rights and duties as are incident to or indispensible to the discharge of the duties above enumerated and indicated. Powers and duties. Said Board of Commissioners shall have full power and authority to fix and collect a commutation road tax, fixing the amount to be paid and the number of days to be worked in lieu of payment, not to exceed four dollars or ten days' work in lieu thereof. Said Board of Commissioners shall have full power and authority to sit as a court for the trial of all road defaulters as now prescribed by law with full power and authority to punish those found guilty of being such defaulters in terms of the law, to compel attendance of witnesses, and with power to punish for contempt incident to all courts. Sec. 6. Be it further enacted by the authority aforesaid, That said Board of Commissioners are authorized

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and empowered to hold a regular court for the transaction of public business of the county connected with county matters, said court to be held at the county seat of said county on the first Wednesday in each month, and on such adjourned dates as the court may fix. Complete records and minutes of said court shall be kept, which shall at all times be open to the inspection of the public. Said Board of Commissioners, when sitting as such court, shall have power to compel the attendance of witnesses under subpoena, to administer oaths, and render decisions on matters within the jurisdiction of the court with power to punish for contempt as incident to other courts. No bills or other indebtedness of any sort shall be paid by said Board of Commissioners, unless first approved in regular or adjourned term of Commissioners Court, and upon warrants signed jointly and personally by the chairman and clerk of said Board. Sec. 7. Be it further enacted by the authority aforesaid, That the compensation of each commissioner shall be six ($6.00) dollars per day for each regular or call meeting of said Board. No other compensation shall be paid, except actual travelling expenses when travelling outside the limits of the county, which expenses shall be paid from county funds on proper itemized vouchers. Compensation. Sec. 8. Be it further enacted by the authority aforesaid, That said Board of Commissioners, by unanimous vote, may elect a competent person, who shall be a male citizen of Georgia, as county agent or supervisor, who shall actively supervise and superintend the physical affairs of Greene County, including public roads, bridges, and ferries; convicts and chaingangs; the poor of the county; the public buildings and other property of the county. Such agent shall have no other authority than

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that specifically delegated to him by said Board of Commissioners and shall not be given power to contract debts in behalf of county (except as purchasing agent), or to handle or manage or collect or disbuse any funds belonging to said county. He may be made purchasing agent for said county, but all purchases shall be approved and paid for by said Board in its regular court. County Supervisor. Such agent shall be known as County Supervisor. He shall receive a salary to be fixed by said Board, not to exceed two thousand ($2,000.00) dollars per annum, payable monthly so long as he discharges the duties of his office. He shall devote his entire time to the discharge of his duties as such County Supervisor and shall not engage in any other business while employed as such County Supervisor. He shall be elected for such a time as may be determined by said Board of Commissioners, and not longer than twelve months at one time. Said Board of Commissioners has the express right to discharge such County Supervisor without a hearing, whenever in their judgement such discharge is for the best interests of said county, upon giving said Supervisor thirty days notice in writing of such intended discharge. Said Board of Commissioners is empowered to make such rules and regulations, not in conflict with this act nor contrary to law, as the Board may think proper for the direction of such County Supervisor, to which rules and regulations such supervisor shall be subject. Salary and duties The county supervisor shall give bond in the sum of five thousand dollars, in a surety company, approved by said Board of Commissioners, and payable to them, for the faithful discharge of his duties as such County Supervisor. The premium of said bond shall be paid by said Board from county funds. Bond. Sec. 9. Be it further enacted by the authority aforesaid, That said Board of Commissioners is further authorized and empowered to select, either from their body

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or without, a clerk, to keep the books and records of said Board of Commissioners, and of the court of said Commissioners, at a monthly salary not to exceed forty dollars per month, to be paid out of county funds. Clerk. Sec. 10. Be it further enacted by the authority aforesaid, That the present Board of Commissioners of Roads and Revenues in and for said county as created by the Acts of 1907 and the Acts amendatory thereof, remains effective and of force until such time as this Act, by the term hereof, becomes operative. Present Board continued until this Act operative. Sec. 11. Be it further enacted by the authority aforesaid, That should any provision of this Act for any reason prove invalid, such does not affect the portions of the Act which are not so proven. Provisions held invalid not to affect remainder. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and they are repealed. Approved August 11, 1925. HENRY TAX COMMISSIONER CREATED. No. 277. An Act to abolish the offices of Tax Receiver and Tax-Collector of Henry County, Georgia; to create the office of County Tax Commissioner of Henry County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to Tax Receiver and Tax Collector whom the provisions of this Act become effective shall be of full force and effect as to the County Tax Commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide that all fees

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and commissions and other compensation that would be paid to, or collected by the Tax Receiver and Tax Collector of Henry County, were it not for the provisions of this Act, shall be collected by the County Tax Commissioner herein provided for and paid into the Treasury of Henry County, Georgia; to provide for the election of said County Tax Commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in Article eleven (11), Section three (3), Paragraph one (1) and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the offices of Tax Receiver and Tax Collector of Henry County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax Receiver and Tax Collector; offices consolidated. Sec. 2. Be it further enacted by the authority aforesaid, That the office of County Tax Commissioner of Henry County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties and liabilities of the said office of County Tax Commissioner of Henry County shall be the same as the rights, duties and liabilities of the Tax Receiver and Tax Collector of said county so far as same are applicable. Office created. Sec. 3. Be it further enacted by the authority aforesaid, That all taxes that are due and payable at the time the provisions of this Act becomes effective, and all tax fi. fas. theretofore issued by the Tax Collector of Henry County, Georgia shall have full force and effect, and be collectible as issued. Taxes now due collectable. Sec. 4. Be it further enacted by the authority aforesaid, That all fees, commissions and all other compensations allowed to the Tax Receiver and Tax Collector of Henry County, Georgia, at the time this Act becomes effective,

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or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said county Tax Commissioner and paid into the treasury of Henry County, Georgia. Fees and commissions. Sec. 5. Be it further enacted by the authority aforesaid, That the compensation of the County Tax Commissioner of Henry County shall be a sum equal to fifty (50) per cent of the fees, commissions and all other compensation accruing to the Tax Receiver and Tax Collector of Henry County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers threafterward were it not for the provisions of this Act, and shall be paid proportionately, monthly as near as the same can be estimated, until the same is changed by law. Compensation. Sec. 6. Be it further enacted by the authority aforesaid, That before entering upon the duties of his office the said County Tax Commissioner shall take the oath now prescribed by law for the Tax Collector and shall give bond in double the amount of money reasonably estimated to pass through his hands annually which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bond shall be paid by the said Tax Commissioner of Henry County, Georgia. Oath and bond. Sec. 7. Be it further enacted by the authority aforesaid, That the first election of County Tax Commissioner of Henry County shall be held at the same time and under the same laws as other county officers are now elected at the general election for county officers in the year 1928, and quadrennially thereafter, and that the person so elected shall enter upon the duties of the office hereby created on January 1st, 1929, and shall serve a term of four years. If a vacancy should occur then

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the office shall be filled in the same manner as vacancies are filled in other county offices. Elections and term of office. Vacancy. Sec. 8. Be it further enacted by the authority aforesaid, That if for any reason any portion of this Act shall be held by the Court of last resort of this State to be unconstitutional the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional. Provisions held unconstitutional not to affect remainder. The purpose of this Act being to put into effect the Constitution of this State as is contained in Article Eleven (11), Section three (3), Paragraph one (1). Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 18, 1925. IRWIN COMMISSIONER; ACT AMENDED. No. 356. An Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Irwin, to provide for the compensation, term of office and appointment of said Commissioner, to define his powers and duties, to provide how vacancies shall be filled, to provide how the convicts shall be worked upon the public roads, the division of Irwin County into road districts, and for other purposes, approved August the 5th, 1913, by striking from the second line of Section 10 of said Act the word eighteen and substituting in lieu thereof the word twenty-four, and by adding to said Act another section to be known as Section 13 requiring said Commissioner to purchase supplies on competitive bids after advertisement, 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 Section 10, Acts of the General Assembly of Georgia, 1913, of an Act approved August 5th, 1913, be amended by striking from second and third lines of said Section 10 the words eighteen hundred dollars per annum and substituting therefor the words twenty-four hundred dollars per annum so that said section when amended shall read as follows: Act of 1913, Sec. 10 amended. Sec. 10. Be it further enacted by authority aforesaid, That said Commissioner shall receive a salary of twenty-four hundred dollars per annum. Said salary to be paid out of the revenue of said County of Irwin monthly. The same to be audited and warrant drawn upon treasury as other claims against the county are audited and paid. To be read. Salary $2,400 per annum. Sec. 2. Be it further enacted by authority aforesaid. That a new section shall be added to said Act to be known as Section 13 which shall be as follows: Section 13. Sec. 13. Be it further enacted by the authority aforesaid, That said county commissioner shall purchase all supplies for said County of Irwin and all articles necessary to the management and maintenance of the county chain-gang as far as practicable upon competitive bids. It shall be his duty to advertise for bids either in the county paper in which the sheriff's sales are advertised, or by posting notices at the court house or other public places asking for bids for said supplies before mentioned. He shall award contracts to lowest bidders, quality of goods being considered. Purchase of supplies to maintain changang 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 22, 1925.

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IRWIN COUNTY DEPOSITORY; GEORGIA STATE BANK TO REPLACE CITIZENS BANK OF OCILLA. No. 355. An Act to amend an Act to abolish the office of County Treasurer of Irwin County, to establish County depositories for county funds therein, to provide for the handling and disbursement of such funds, and for other purposes, by striking from Section 5 in the third line of said Act the words Citizens Bank of Ocilla and inserting in lieu thereof the words Georgia State Bank located at Ocilla, in Irwin County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority aforesaid, That Section 5 of Act to abolish the office of County Treasurer of Irwin County, to establish county depositories for County funds therein, to provide for the handing and disbursement of such funds, and for other purposes, approved August 17, 1916, be amended by striking from said Section 5 in the third line the words Citizens Bank of Ocilla and inserting in lieu thereof the words Georgia State Bank, so that said Section when so amended will read as follows: Act of 1916, See 5 amended. Sec. 5. Be it further enacted by the authority aforesaid, That the Bank of Irwinville, the First National Bank of Ocilla, and the Georgia State Bank, their successors and assigns, are each severally hereby created a county depository for the purposes specified in the preceding sections. It shall be the duty of the Commissioner of Roads and Revenues to deposit all public monies received by him belonging to said county in such county depositories and keep the same on deposit until paid out by lawful authority; he shall at all times keep the public funds of said county distributed in each of said county depositories applying therefor in equal amounts, as near

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as the same can practically be done; it being the intent of this Act that the public funds of said County, from whatever source derived, shall at all times be deposited in, and distributed to each of said county depositories in equal amounts without discrimination, so that each of said depositories shall bear the same burdens and receive the same benefits as the others. To be read. Designation of depositories. 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 22, 1925 JONES COMMISSIONERS; ELECTIONS TO FILL VACANCIES. An Act to amend an Act approved July 31st, 1923, entitled an Act to create a Board of Commissioners of Roads and Revenues for Jones County, etc., by striking from said Act Section 10 thereof, and substituting in lieu of said striken section a new section, to bear the number 10, providing for filling vacancies by election. Section 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 10 of the Act approved July 31st, 1923, entitled An Act to create a Board of Commissioners of Roads and Revenues for Jones County be stricken form 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 of 1923 amended. Section 10. Be it further enacted that in case of a vacancy on said board, caused by death, resignation or otherwise, said vacancy or vacancies, shall be filled by

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election of the people. Said election to be called by the Ordinary immediately, and said election to be held within sixty (60) days from date said vacancy or vacancies occur. Said election to be held under the present law governing the holding of general elections in the State of Georgia, except the returns thereof shall be made to the Ordinary of Jones County, who shall consolidate the returns and declare the results thereof. New Sec. 10. Elections. 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 July 27, 1925. JONES TREASURER'S OFFICE ABOLISHED. No. 82. An Act to abolish the office of County Treasurer in and for the County of Jones, and to make provisions for the handling and disbursements of all County funds, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after December 31st, 1928, or at any time prior to that date that a vacancy may occur, the office of County Treasurer of Jones County shall be, and the same is, hereby abolished. Office abolished; effective Dec. 13, 1928. Sec. 2. Be it further enacted by the authority aforesaid, That the County Commissioners shall designate a bank in Jones County as a County Depository, and all funds shall be deposited therein. Said bank to receive all funds which it is now the duty of the County Treasurer to receive, and to disburse same upon lawful warrants drawn by proper authorities of said county. Said

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service of said bank to be without expense to the county. Said bank before entering upon its duties shall give a good and solvent bond and security to be approved by the County Commissioners of said County, or by the Ordinary, if there are no Commissioners. Designation of depository. No pay for depository. Bond. Sec. 3. Be it further enacted, that said bank shall cause to be published once a month in the county paper in which legal advertisements are published a statement of all receipts, and amounts paid out of the fund received by it. The expense of such advertisements to be paid out of the County fund by warrants drawn by the proper authorities. Monthly Statements. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 28, 1925. LAMAR TAX COMMISSIONER CREATED. No. 48. An Act to consolidate the offices of Tax Receiver and Tax Collector of Lamar County, Georgia, into the office of Tax Commissioner as is provided in Paragraph 1, Section 3, Article 11 of the Constitution of the State of Georgia; to provide for the election of said Tax Commissioner; to provide for the term of office of said Tax Commissioner; to provide for the compensation of said Tax Commissioner; to provide for the bond of said Tax Commissioner; to provide for the oath of said Tax 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 authority of the same, That the offices of Tax Receiver and Tax Collector of Lamar County, Georgia, are consolidated

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into the office of Tax Commissioner as is provided in Paragraph 1, Section 3, Article 11 of the Constitution of the State of Georgia. Said Tax Commissioner shall perform all the duties now performed under the law by the Tax Receivers and Tax Collectors of said County with all rights, powers, privileges and immunities of said offices, with the exceptions hereinafter mentioned, and said Tax Commissioner shall assume all the liabilities heretofore attached to the said offices of Tax Receiver and Tax Collector. Tax Receiver and Tax Collector; offices consolidated. Office created. Sec. 2. The Ordinary of Lamar County shall call an election for the said Office of Tax Commissioner to be held at the time the election for the members of the General Assembly and State House officers is held in the year, 1926. Election. Sec. 3. The said Tax Commissioner elected as provided in Section 2 of this Act shall take office on January 1, 1927, and continue in office until his successor is elected and qualified at the time of the election and qualification of the county officers at the next general election of county officers. First incumbent to take office Jan. 1, 1927. Sec. 4. Said Tax Commissioner shall receive as compensation for his services the fees and commissions now allowed the Tax Collector of said County as set out in Section 1234 of the Civil Code of Georgia of 1910, together with all such other fees as may now be allowed under the law to the Tax Collector of Lamar County and none other. Compensation. Sec. 5. Said Tax Commissioner shall execute bond equal in amount to those now required by law to be executed by the Tax Receiver and Tax Collector of Lamar County, and to be executed and made payable as those now required of Tax Receivers and Tax Collectors. Bond. Sec. 6. Said Tax Commissioner shall Subscribe to the oaths now subscribed to by the Tax Receiver and Tax Collector. Oaths.

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Sec. 7. The present incumbents of the offices of Tax Receiver and Tax Collector shall hold office until the first day of January, 1927, at which time the said Tax Commissioner shall qualify and give bond as herein provided. Present incumbents to hold office until Jan. 1, 1927. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 24, 1925. LAMAR TAX RATE. No. 50. An Act to limit the amount of taxes that may be levied for county purposes in Lamar County, Georgia, to twelve mills, 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 January 1, 1926, the levy of taxes on property for any one year by the taxing authorities of Lamar County, Georgia, for county purposes, shall not exceed twelve (12) mills on each dollar of the value of the property taxable in said County. Twelve mills maximum. Effective Jan. 1, 1926. 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, 1925.

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LAMAR TREASURER'S OFFICE ABOLISHED; DEPOSITORY CREATED. No. 55. An Act providing for abolishing the office of County Treasurer of Lamar County, Georgia; the creation and establishment of a County depository for said County of Lamar, which depository shall receive, keep, care for and pay out all County funds including those now under care of the Ordinary; fixing the salary of the Treasurer of said County for the years, 1927 and 1928, and for other purposes. Section 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 January 1, 1929, the office of the County Treasurer of Lamar County shall be and the same is hereby abolished or sooner in case of a vacancy by death, resignation or otherwise. Office abolished; effective Jan. 1, 1929. Sec. 2. Be it further enacted by the authority aforesaid, That any duly chartered Bank authorized to do business in Lamar County shall be eligible for appointment as such depository and the compensation for such appointment shall be open to all of said Lamar County Banks. Depository. Sec. 3. Be it further enacted by the authority aforesaid, That such Bank or Banks as shall be so designated as such depository or depositories and disbursing agent or agents shall receive no compensation for acting as such agents and the permanent books of record necessary to carry into execution the provisions of this Act shall be provided and furnished to said Banks by the County of Lamar. No pay for bank designated. Sec. 4. Be it further enacted by the authority aforesaid, That all Banks desiring to become such depository for Lamar County shall make application to the Ordinary, and the Bank which offers the best terms and conditions

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for funds as to be deposited shall be selected and declared the depository of Lamar County, the Ordinary having the right to consider the convenience of said depository. Application. Sec. 5. Be it further enacted by the authority aforesaid, That the Bank selected as such depository shall execute and deliver to the Ordinary of Lamar County a bond for an amount to be determined by the Ordinary of said County of Lamar conditioned for the faithful performance of the duties of said depository set forth herein, said bond both as to validity and amount shall be approved by the Ordinary of said County. The bond to be given by the Bank selected as a depository shall be conditioned for the safe keeping, accounting for and paying over upon demand by proper authority all money that may come into its hands by virtue of its acting as such depository and will in all respects duly and faithfully perform the duties imposed upon it by reason of such appointment. Bond. Sec. 6. Be it further enacted by the authority aforesaid, That the Treasurer of Lamar County shall receive a salary of $200.00 per annum for the years, 1927 and 1928, payable monthly out of the general funds of said County. Said Treasurer shall on or before the first day of January, 1929, pay over to the Bank so selected and qualified on or before that date to act as depository all money which may be in his hands at that time and after said time the Tax-Collector and all other persons collecting any County money shall pay the same to the Bank qualified as above to receive the same. Treasurer's salary for 1928 and 1929. Deposits. Sec. 7. Be it further enacted by the authority aforesaid, That all money drawn from the depository of Lamar County, as created by this Act, shall be by check signed by the Ordinary of said County. Said check to be entered on the record of the Ordinary showing amount of

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check, the person in whose favor drawn, and for what purpose. Orders. Sec. 8. Be it further enacted, That the Ordinary shall keep an accurate and complete set of books showing amount of checks issued each month and for what purpose drawn. Books. Sec. 9. Be it further enacted, That the depository shall report to the Ordinary at least once a month or oftener, if desired, the amount of funds on hand and return monthly all cancelled checks. Reports Sec. 10. Be it further enacted by the authority aforesaid, That all depositories and disbursing agents shall be liable both civilly and criminally just as County Treasurers are liable for nonfeasance or malfeasance of duty, and said Ordinary shall have the right to proceed against such depositories and disbursing agents and the securities on their bonds as said Treasurer may now be proceeded against in case of nonfeasance or malfeasance in the conduct of their office. Liability. Sec. 11. Be it further enacted, That in the event that no Bank in Lamar County qualifies under this Act as herein provided then the Ordinary shall be authorized to select any duly chartered Bank of any County in this State upon their meeting with the qualifications herein provided. Selection of bank outside county, if no bank in county qualifies. Sec. 12. Be it further enacted by the authority aforesaid, That Acts or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 27, 1925.

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LANIER BOARD OF COMMISSIONERS; ACT AMENDED. No. 90. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, terms of office, powers, authorities, liabilities; to provide for an Executive officer to be selected by said board to be known as County Manager, and to set forth his powers, duties, liabilities and qualifications for office; to provide for proper audit of books and affairs of said county by said board and the publication thereof; to provide for the compensation of the said board and manager; to provide for competitive bids in the purchase of supplies of said county and in making contracts for work; to provide when this Act shall become effective and for other purposes, of the Georgia of 1923, pages 269 and 279 inclusive, known as House Bill 153, approved July 28, 1923, and the Act amendatory known as House Bill 551, of the Act of 1923, pages 280 and 281 inclusive, approved August 15, 1923; so as to redefine the Commissioner of Lanier County in such a manner as to give direct representation on the said Board of Commissioners from the Lowndes section and the upper Berrien section respectively of Lanier County; to provide for the election of Commissioner from these districts in such manner as to give the Board of Commissioners of Roads and Revenues of said County the same number of members, to-wit: Five (5), as the County Board of Education of said County; to provide the qualifications, method of election, terms of office, powers, authorities, and liabilities of said Commissioners, especially limiting the amount of tax they can levy for County and other purposes; to limit the amount of indebtedness that can be incurred

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by said Board, and likewise limit the expenses of said Board and its various employees; to provide for a budget system of finance for said Board; to provide when said Act shall become effective; to provide a method for abolishing said Board by referendum vote, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 1 of the Act of 1923, page 270, creating the Lanier County Board of Commissioners, and entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, terms of office, powers, authorities and liabilities; to provide for an Executive Officer to be selected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for the compensation of said Board and Manager; to provide for competitive bids in the purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, be and the same is hereby stricken and repealed, and the following Section enacted and inserted in lieu thereof. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority thereof, That from and after the passage of this Act, the Board of Commissioners of Roads and Revenues is hereby created and established in Lanier County, Georgia, the County affairs of Lanier County, Georgia, shall be administered by said Board of Commissioners of Roads and Revenues subject to the limitations, provisions, and requirements of this Act. This Board shall consist of five (5) members and shall be elected from each of the five Road

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Districts of said County, who shall be qualified voters of said County. Act of 1923 amended. New Sec. 1. Board of five members. Sec. 2. Be it further enacted by the authority aforesaid, That Section 3 of the Act of Georgia of 1923, page 70, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, terms of office, powers, authorities and liabilities; to provide for an Executive Officer to be selected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for the compensation of such Board and Manager; to provide for competitive bids in the purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, be and the same is hereby stricken and repealed, and it is hereby enacted that the following Section be, and the same is hereby inserted, substituted and enacted in lieu thereof: Section 3. Be it further enacted by the authority aforesaid, That for the purpose of this Act the County of Lanier be and the same is hereby divided into five (5) Road Districts, as follows: New Sec. 3. Five Road Districts. District No. 1 shall be composed of that part of the 1300th District G. M., which lies within the corporate limits of Milltown, the County site of said County. District No. 2 shall be composed of the 586th District G. M. of said County. District No. 3 shall be composed of the 1052nd District G. M. of said County. District No. 4 shall be composed of all that portion of territory of the 1300th District G. M. of Lanier County which was taken from Lowndes County in the creation of

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Lanier County, outside the limits of Milltown, the County site of said County. District No. 5 shall be composed of all that portion of territory of the 1300th District G. M. of said County, which was taken from Berrien County in the creation of Lanier County, outside the limits of Milltown, the County site of said County. Sec. 3. Be it further enacted by the authority aforesaid, That Sec. 5 of the Act of 1923, page 271, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, terms of office, powers, authorities, and liabilities; to provide for an Executive Officer to be selected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for compensation of said board and Manager; to provide for competitive bids in purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, be and the same is hereby stricken and repealed, and the following enacted and inserted thereof: Section 5. Be it further enacted by the authority aforesaid, That the term of office of said Commissioners of Roads and Revenues shall be four (4) years, and until their successors are elected and qualified, and shall run as other County officers of said County subject to the following provisions: An election shall be held and is hereby called to be held on August 29th, 1925, at the several voting precincts of said County for the purpose of electing a Commissioner from District No. 4 and District No. 5, respectively, as set forth in this Act, which said election shall be held under the same rules and regulations as elections for members of the General Assembly. The Board of Consolidation of said election,

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composed of members representing the election managers, from each of the precincts of said County, shall make up and certify to the Governor of Georgia the name of the candidate receiving the highest number of votes from each of said Commissioner Districts upon receipt of which certificate, the Governor shall instanter issue a commission to each of said new Commissioners. The returns of the election Managers, and the results as consolidated and certified to the Governor, shall be conclusive upon all parties at interest; and provided that in the event not more than one person qualifies as a candidate from either or both of said Commissioner Districts, there shall be no election held with respects to such district or districts from which only one candidate qualifies. The date for the qualification of candidates to enter said election being hereby fixed as twelve o'clock noon, eastern standard time, on July 30, 1925, by which time and date, all persons desiring to enter said election for Commissioner from either of said districts shall have filed his name, as he wishes it to appear on the ballots and on the commission in the event of his election, with the ordinary of said county, or the clerk or deputy clerk thereof, together with a fee of $10.00 to be used in defraying the expenses of holding the election, in the event no election is necessary, as herein provided, said fee to be returned to such person depositing it. If on July 30, 1925, at twelve o'clock noon, eastern standard time, not more than one candidate has qualified from either or both Commissioner districts, for the election herein called, the ordinary of said county, or his clerk, or deputy clerk, or in the event of the failure or refusal of said ordinary, clerk or deputy clerk, to do so, the clerk of the Superior Court of Lanier County shall certify to the Governor of Georgia the name of the party thus qualifying as Commissioner from said district or districts without delay, and it is hereby made the duty of said Governor to forthwith issue commission to said party or parties, the certificate

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herein provided shall set forth the fact that the named party therein is the only party qualifying for such office or offices. The Commissioners so elected from district No. 4, and 5 shall hold office until January 1st, 1929, and until their successors shall have been elected and qualified, it being the purpose of this ammendment and Act that the Commissioners now elected from district No. 1, 2, and 3, to-wit: J. L. Byrd, J. M. Smith and C. L. Stanley and the new members from districts No. 4 and 5 herein provided, shall constitute the Board of County Commissioners of Roads and Revenues of said County, and the term of office of all of said Commissioners shall expire on January 1st, 1929. At the next general election for State and County elections one member of the said County Board of Commissioners shall be elected from each of the five road districts, and no member shall be elected from any road district unless he is a bonafide resident of the same but each member shall be elected by the voters of the entire County and not by the voters of said district alone. The candidate in each of the five districts receiving the largest number of votes in the County shall be elected. New Sec. 5. Term of office. Election. Sec. 4. Be it further enacted, That Section 6 of the Act of 1923, page 271, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia, to provide their qualifications, method of election, terms of office, powers, authorities, liabilities; to provide for an executive office to be selected by the said board to be known as County Manager, and to set forth his powers, duties, liabilities and his qualifications for office; to provide for proper audit of books and affairs of said county by said board and the publication thereof; to provide for compensation of said board and manger; to provide for competitive bids in the purchase of supplies for said county and in making contracts for work; to provide when this Act shall become effective, and for other purposes, be and the same is hereby

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stricken and repealed and there is hereby enacted, inserted and substituted in lieu thereof the following: Sec. 6. Be it further enacted, That the Board of County Commissioners hereby created and provided shall be composed of five members. A majority of the Board shall constitute a quorum for the transaction of all business and a majority of the Board must concur in order to pass an order or let any contract, or grant or allow any claim against the said County, and their Acts on all of such matters shall be duly entered on the minutes of the Board. New Sec. 6. Quorum. Sec. 5. Be it further enacted by the authority aforesaid, That immediately following Section 7, of the Act of 1923, page 272, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, terms of office, powers, authorities and liabilities; to provide for an Executive Officer to be selected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for the compensation of said Board and Manager; to provide for competitive bids in the purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, there be and is hereby enacted and inserted a sub-section to be known and designated as sub-section 7-A, which sub-section shall be and is hereby enacted as follows: Sub-section 7-A. Provided, that there be and is hereby established a fiscal year for said County to end on August 31st, of each year and to be recognized by said Board of Commissioners in the following manner, to-wit: (a) At the first meeting in September in each year said Board shall prepare and publish a budget setting

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forth in detail the financial condition of the County, and the expenditures contemplated for the ensuing fiscal year. Said budget shall contain an accurate inventory of all property belonging to said County, in detail, with the appraised value of each item as fixed by said Board entered opposite same. Said budget shall contain an extra statement of all indebtedness of the County, together with the name of the party to whom the County is indebted, the nature of the indebtedness, whether note, account, warrant, or otherwise, and when the same in each instance is due and payable. Said budget shall contain an itemized list of all bills receivable of the County, setting forth the names of all parties owing said County the exact amount in each instance, when same is due and payable, and the nature of same, whether notes, accounts, or other form of indebtedness. Said budget shall contain an itemized statement of any proposed permanent improvements to be made by said Board for the county during the ensuing fiscal year, together with the estimated costs of same. Said budget shall show accurately what amount or proportionate part of the tax levy for the year is to be used for retiring the debts of the County, and what amount or proportionate part of said tax levy is to be used for other purposes, specifying such purposes. Said budget shall contain such other items and information, as the Grand Jury of Lanier County shall, from time to time, recommend in their general presentments to be specified therein. And it is hereby made the duty of the said Board to present to the Grand Jury at the Fall term of Lanier Superior Court in each year, a copy of said budget, and said Grand Jury, in its discretion, may have such budget or any part thereof printed in the official organ of said County, or printed and distributed to the citizens of said County, or set forth in its presentments, as it may deem proper. Sub-Sec. 7A. Fiscal Year; budget. (b) On the first meeting in September of each year, said Board of Commissioners, shall re-organize itself by

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the election of a Chairman, Clerk, Attorney and such other officers and employees, as are elected or appointed by said Board. It being the purpose of this Act to make the Chairmanship of said Board, the term of office of its Clerk, Attorney, and other employees, of one year duration; and beginning with the first meeting in September, 1925, said Board shall elect a Chairman, Clerk, Attorney and other employees for the fiscal year ending Augsut 31st, 1926, subject to any provisions of this Act as to removal or vacancies in the offices of employees of said Board. Officers and employees. Sec. 6. Be it further enacted by the authority aforesaid, That there be and is hereby enacted and inserted immediately following sub-section 7-A set forth, and immediately preceding Section 8 of the Act of 1923, page 272, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, terms of office, powers, authorities and liabilities; to provide for an Executive officer to be elected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for the compensation of said Board and Manager; to provide for competitive bids in the purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, a sub-section to be known as sub-section 7-B, which sub-section shall be and is hereby enacted as follows: Sub-section 7-B. Provided, also, that said Board shall not expend in any one year more money than is called for in its budget and any expenditures over and above the amount of said budget shall be and become a personal liability against each of said Commissioners jointly and

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severally, to be recoverable for the benefit of Lanier County upon petition and suit brought by any citizen thereof, nor shall said Board at any time levy more than ten mills in any one year, except said amount shall not include tax to retire indebtedness of the County or for making permanent improvements, or for educational purposes; for the three purposes last named said Board is subject to the general laws of Georgia relative thereto. Provided the Grand Jury of Lanier County may in its discretion increase or decrease said ten mills limit, by recommendation contained in it presentments, when in its discretion such increase or decrease may be necessary for the best interest of said County and its citizens. Sub-Sec. 7B Liability for excess of expenditure. Sec. 7. Be it further enacted by the authority aforesaid, That Section 9 of the Act of 1923, page 273, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, methods of election, terms of office, powers, authorities and liabilities; to provide for an Executive officer to be selected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for the compensation of said Board and Manager; to provide for competitive bids in the purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, be and the same is hereby amended by adding thereto the following; Provided the Chairman elected at the beginning of the fiscal year shall not have been re-elected to office as a Commissioner. Sec. 9 amended. Election of new Chairman. Sec. 8. Be it further enacted by the authority aforesaid, That line ten of Section 15 of the Act of 1923, page 276, entitled An Act to create a Board of Commissioners

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of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, terms of office, powers, authorities and liabilities; to provide for an Executive officer to be selected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for the compensation of said Board and Manager; to provide for competitive bids in the purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, be and the same is hereby amended by striking the word January and inserting in lieu thereof the word September so that said line when so amended shall read as follows: From the first day of September immediately suceeding. Sec. 15 amended. County Manager; term. Sec. 9. Be it further enacted by the authority aforesaid, That immediately following Section 16 of the Act of 1923, page 276, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, terms of office, powers, authorities and liabilities; to provide for an Executive officer to be selected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for the compensation of said Board and Manager; to provide for competitive bids in the purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, there be added and is hereby enacted a sub-section to be designated as Sub-section 16-A as follows: Sub-section 16-A. Provided said County Physician shall be a recognized member of a reputable medical association.

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And provided that said County Attorney shall be a resident of Lanier County. Sub-Sec. 16A. Physician and Attorney; eligibility. Sec. 10. Be it further enacted by the authority aforesaid, That Section 20 of the Act of 1923, pages 277 and 278, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method of election, term of office, powers, authorities and liabilities; to provide for an Executive officer to be selected by the said Board to be known as County Manager, and to set forth his powers, duties, liabilities, and his qualifications for office; to provide for proper audit of books and affairs of said County by said Board and the publication thereof; to provide for the compensation of said Board and Manager; to provide for competitive bids in the purchase of supplies for said County and in making contracts for work; to provide when this Act shall become effective, and for other purposes, be and the same is hereby striken and repealed, and there is hereby enacted and inserted in lieu thereof the following section, to-wit: Section 20. Be it further enacted by the authority aforesaid, That the term of office of the members of the Board shall be four years, and until their successors are elected and qualified, subject to the provisions of this Act with reference to the election of a Commissioner from Districts Numbers 4 and 5, respectively: Provided that if at any term of Lanier Superior Court the Grand Jury shall recommend that said Board of Commissioners be abolished, and said recommendation shall be reported in the general presentments of such Grand Jury, and entered on the minutes of such Court, there shall be and is hereby called an election to be held thirty days from the date of the publication of said presentments in the official organ of Lanier County, provided that if such thirtieth day from the date of said publication shall fall on Sunday or a legal holiday, then said election shall be held on the thirty-first day following said publication;

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and provided further, that should said presentments not be published in said official organ, then said election is hereby called for the thirty-fifth day ensuing the filing of said presentments, or if said date falls on Sunday or a legal holiday than the thirty-sixth day ensuing such filing. Said election shall be held under the same rules and regulations at the same places and by the same parties, as elections for the members of the General Assembly are held, and those voting in said election in favor of keeping or not abolishing County Commissioners for Lanier County shall have written or printed on their ballots For County Commissioners, and those voting in said election in favor of abolishing said Commissioners and substaining the presentments of the Grand Jury with respect thereto shall have written or printed on their ballots Against County Commissioners. If a majority of those voting in said election shall vote For County Commissioners, than such board shall not be abolished, but should a majority voting in said election vote Against County Commissioners, then said Board shall stand automatically abolished, and the handling of the affairs of said County, the administration of all the duties of the County Commissioners as provided by law, shall be vested instanter in the Ordinary of said County. Provided further that an election shall not be held under this provision oftener than once every two years. New Sec. 20. Term of office. Proviso. Election to abolish Board; recommendation of Grand Jury. Ballots. Sec. 11. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 29, 1925.

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LAURENS BOND COMMISSION; ACT AMENDED. No. 119. An Act to amend an Act creating a Bond Commission for Laurens County, known as Act 313 Georgia Laws 1919, Page 677; so as to provide for the winding up and completion of the duties of said bond Commissioners; to fix salary of said Commissioners and Clerk; to create the surplus fund in the hands of said Commissioners a sinking fund for bonded indebtedness and provide for its management; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that a certain Act, the title of which is as follows: An Act to create a Bond Commission for Laurens County, Georgia, to define its duties; and for other purposes, said Act found in Georgia Laws 1919, Page 677, and being number 313, be and the same hereby is amended as follows, to-wit: Act of 1919 amended. Sec. 2. That said Bond Commission created by said original Act (Acts 1919, P. 677) and as amended by this Act shall cease to exist on August 1st, 1927. Abolishment effective August 1, 1927. Sec. 3. Be it further enacted by the authority aforesaid, That hereafter the said Commissioners named in said Act shall receive a salary of $15.00 per month; the Clerk's salary to be fixed by the Commissioners not to exceed $50.00 per month. Salaries. Sec. 4. Be it further enacted by the authority aforesaid, at the termination of their office said Bond Commissioners shall file all books, papers and records pertaining to said office with the Ordinary of Laurens County who shall safely keep the same open to the public. Disposition of records. Sec. 5. Be it further enacted by the authority aforesaid, That at the termination of their duties said Bond

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Commissioners shall turn over and deliver to the Ordinary of Laurens County all money which was originally or at any time placed in their hands which has not by them been expended according to law in the building of bridges in Laurens County. That all money originally placed in the hands of said Bond Commissioners not expended in bridges in said County as contemplated by said original Act is hereby made a sinking fund for the purpose of being used in retiring or purchasing the bonded indebtedness of Laurens County. And the Ordinary of Laurens County after the same shall have been turned over to him as herein provided is hereby directed to deposit the same with some good and solvent bank or trust company of this State, which is authorized by law to act as trustee, or guardian, or administrator, or executor, and he is directed to create such bank or trust company a trustee for said purposes; however said Bond Commissioners are authorized to deal with said sinking fund in like manner before the termination of their office. Provided, further that said Bond Commissioners while in office, or the Ordinary thereafter, are authorized to purchase, with said sinking fund the present bonds of Laurens County if the same can be bought at a reasonable price, or in lieu of depositing said sinking fund, as aforesaid, or purchasing Laurens County Bonds, said Bond Commissioners, while in office, or the Ordinary thereafter shall invest said sinking fund in such securities as the law authorizes for county sinking funds, perferably registrable bonds, and if so invested said Commissioners while in office, or the Ordinary thereafter, shall be authorized to trade said bonds for Laurens County bonds, or to sell the same and dispose of the proceeds as herein provided for said sinking fund. Disposition of moneys. Sinking fund. Sec. 6. Be it further enacted by authority aforesaid, That any sinking fund set aside and provided by the proper authority of Laurens County shall be dealt with as herein provided; and that in the event Laurens County

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should at any time receive any rebate or refund from the State of Georgia, or the United States, for having constructed any bridges or roads on State or Federal projects, that such fund so received, shall become a sinking fund for retiring bonds of said County, and be dealt with as herein provided. Rebates for construction of roads and brigdes. Sec. 7. Be it further enacted by authority aforesaid, That should any duties of said Bond Commission remain unperformed at the termination of their office on August 1st, 1927, that such duties shall be performed by the Ordinary of Laurens County. Unperformed duties Sec. 8. Be it further enacted by the authority aforesaid, That the Ordinary for performing any duties required by this Act may be allowed compensation by the Commissioners of Roads and Revenues not to exceed $10.00 per month; and he shall be required to give bond for the legal and faithful performance of his duty as custodian of the sinking fund of Laurens County, said bond to be signed by a bonding company doing business in this State and approved by the Commissioners of Roads and Revenue of Laurens County, and kept in their office and be in such sum as they direct not to be less than ten thousand dollars, premium to be paid by Laurens County. Compensation of Ordinary. Bond. Sec. 9. Be it further enacted by the authority aforesaid that it shall be the duty of the Ordinary of Laurens County to obtain from, and to receive from the proper county authorities any and all funds that are levied as a sinking fund for the purpose of retiring any of the bonded indebtedness of said county, and he is hereby authorized to institute mandamus proceedings for the purpose, and all of said funds when received by him shall be managed and controlled by him as custodian as herein provided. Collection of funds.

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Sec. 10. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 3, 1925. LAURENS COMMISSIONERS; ELECTIONS AND BONDS. No. 89. An Act to amend an Act creating a Board of County Commissioners of Laurens County so as to provide for the election of Commissioners by the entire County; to bond the Commissioners, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that after the passage of this Act that the Road Districts as created and defined in an Act being 127 of Georgia Laws, page 453 of 1911, shall be and remain intact and unchanged; but that section 2 of said Act be so amended as to require candidates for said office of Road Commissioner to run from said several Road districts, that is No. 1, No. 2, and No. 3, but that in all elections whether general, or a primary for a nomination the people of the entire County shall vote on said candidates. Act of 1911 amended. Road districts. Sec. 2. Be it further enacted by the authority aforesaid, that section 5 of said Act referring to and making it the duty of the Commissioners to maintain an emergency camp or gang be and the same is repealed, leaving that question to the discretion of said Board. Emergency camp, maintenance discretionary. Sec. 3. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, that Commissioners of Roads and Revenue for the County of Laurens shall before entering upon the discharge of their

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duty give bond in some good and solvent bonding company in the sum of fifteen thousand dollars ($15,000.00), conditioned for the lawful and faithful performance of their duty; each Commissioner to give bond in said amount, the same to be approved by, and filed with the Ordinary, and recorded in his office. The premium on said bond to be paid by the County of Laurens; and successive claims, or suits can be had on said bond in said sum for separate and distinct breaches thereof. The Commissioners now in office shall be allowed thirty days after the passage of this Act to give bond and in default thereof a vacancy shall be created to be filled as now provided by law for filling vacancies. Bond. Sec. 4. Be it further enacted by the authority aforesaid, that so much of said Act of Georgia Laws of 1911, page 453, being number 127, and all Acts prior thereto on said subject that is in conflict with this Act be and the same are repealed, and so much of said Acts as are not in conflict with this Act is approved. Non-conflicting portions of Act of 1911 approved. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are repealed. Approved July 28, 1925. LIBERTY COMMISSIONERS' BONDS. No. 296. An Act to amend an Act, approved July 28, 1921, Acts 1921, pages 521-525, and an Act to amend an Act, the Act creating the Board of Commissioners of Roads and Revenues of Liberty County, approved August 17, 1918, Acts of 1918, pages 471-479, so as to require said Board of Commissioners and the Clerk to give bond in the sum of $2,000.00 each.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act to amend the Act approved July 28, 1921, Acts 1921, pages 521-525, to amend the Act creating the Board of Commissioners of Roads and Revenues of Liberty County, Acts 1918, pages 471-479, approved August 17, 1918, be, and the same is hereby amended by striking all of Sections 4 and 5 of said Act, approved July 28, 1921, pages 521-525. Act of 1921 amended. Sec. 2. Be it further enacted by the authority aforesaid, that before any commissioner shall qualify and perform any of the duties of his office under this Act, that he shall give a good bond in the sum of two thousand ($2,000.00) dollars, to be approved by the ordinary of said county and payable to the ordinary of said county for the faithful performance of any and all duties of said office; provided, that this provision of this section shall not go into effect until January 1st, 1926. Bond Sec. 3. Be it enacted by the authority aforesaid, that where the Commissioners pay a regular monthly salary to anyone for any purpose, that it shall be unlawful for them to pay him anything else for incidentals or other expenses connected with his work or for any other work. Employees; salary only compensation. Sec. 4. Be it further enacted by the authority aforesaid, that the premiums on said bonds of the Commissioners of Roads and Revenues of Liberty County, Georgia, be paid out of funds from the treasury of said county. Premiums on bonds. Sec. 5. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the clerk of said Board of Commissioners of Roads and Revenues shall give a bond in the sum of Two Thousand ($2,000.00) Dollars, which shall be approved and premium paid in the same manner as provided for bonds

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hereinbefore provided for the Commissioners of Roads and Revenues of Liberty County, for the faithful discharge of any and all duties of said office. Clerk's bond. 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, 1925. LINCOLN TAX EXEMPTION ELECTION. No. 62. An Act to authorize and direct the Ordinary of Lincoln County, Georgia, to call an election at such times hereafter as he may desire for the purpose of submitting to the qualified voters of Lincoln 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 taxation such property as is mentioned in the Constitution of this State, in Article 7, Section 2, 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 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 the results, 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 Ordinary of Lincoln County, Georgia, is hereby authorized and directed to call elections at such times hereafter as he may desire for the purpose of submitting to the qualified voters of Lincoln County, who are qualified to vote for members of the General Assembly of

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Georgia the question of whether or not the taxing authority of such county may exempt from taxation such property as is mentioned in the Constitution of this State, in Aricle 7, Section 2 and Paragraph Two-A. Election. Sec. 2. Be it further enacted by the authority aforesaid, 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 taxing authority of said county shall not levy taxes on said 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. Result. Sec. 3. Be it further enacted by the authority aforesaid, that the manner of holding said election, the preparation of the ballots, the counting of the ballots, and the declaration of the results shall be the same as is now provided for the holding of elections of County Officers of said County of Lincoln. Manner of holdings. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1925. MACON COMMISSIONERS; VACANCIES. No. 72. An Act to amend an Act approved August 9th, 1912, entitled An Act to amend an Act approved August 26th, 1872, entitled `An Act to create a Board of Commissioners of Roads and Revenues for the County of Macon to define the duties and powers thereof', so as to prescribe the method of filling vacancies on said board as they may occur; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section Six of the above recited Act, approved August 9th, 1912, be and the same is hereby amended by striking from said section the words the Judge of the Superior Court of Macon County, upon the fact of such vacancy being made known to him and inserting in lieu thereof the following words, the said Board of Commissioners of Roads and Revenue, so that said section, when so amended shall read as follows: Section 6. Be it further enacted that should a vacancy occur in the office of Commissioner of Roads and Revenues as herein provided for, the said Board of Commissioners of Roads and Revenues shall appoint a qualified citizen of the commissioner's district affected by such vacancy, and such appointee shall hold said office until the next General Election for county officers in said county; such appointee shall take the oath prescribed before the ordinary of said county before entering upon the discharge of his duties. Act of 1912 amended. Sec. 6 read. Vacancies. Sec. 2. Be it further enacted by the authority aforesaid that Section Ten of the above recited Act, approved August 9th, 1912, be and the same is hereby amended by striking all of said section after the word of in the twenty-first line thereof, and inserting in lieu thereof the following words, towit: Sixty Dollars per month as his compensation and shall receive no other costs nor fees whatever, so that said section, when so amended shall read as follows: Sec. 10 amended. Section 10. Be it further enacted that at said first meeting of said Board in January, 1913, they shall elect a Clerk of said Board who shall hold his office for a term of two years unless sooner removed therefrom by said Board, for neglect of duty, incompetency, or other cause. Before entering upon his duties as Clerk, the person so elected shall give a bond with good and sufficient security,

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to be approved by said Board of Commissioners, in the sum of One Thousand Dollars, conditioned for the faithful performance of his duties as such Clerk. It shall be the duty of said clerk to attend all meetings of said Board, to file and preserve all its records and papers, to countersign, officially, all warrants, orders and contracts, and to record all papers required to be recorded and to keep full and fair minutes of all proceedings of said Board, including the assessment of taxes, and he shall also keep a separate and detailed account in a well-bound book of all orders drawn on the County Trasury, showing for what drawn and on what fund drawn; and he shall perform all other duties which may, from time to time, be required of him by said Board. Said Clerk shall receive a salary of Sixty Dollars per month, as his compensation and shall receive no other costs or fees whatever. To be read. Clerk. Salary. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1925. MARION BOARD OF COMMISSIONERS ABOLISHED. No. 83. An Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in the county of Marion, to define their powers and duties, and for other purposes, approved December 15th, 1897, and the Acts amendatory thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the above entitled Act to create a Board of Commissioners

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of Roads and Revenues for the County of Marion, define their powers and duties, and for other purposes, approved December 15th, 1897, and the Act amendatory thereof be and the same are hereby repealed. Act of 1897 repealed. Sec. 2. Be it further enacted, that this Act shall become effective on the thirty-first day of December, 1925. 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 28, 1925. MARION BOARD OF COMMISSIONERS CREATED. No. 86. An Act to create a Board of Commissioners of Roads and Revenues for the County of Marion; to provide for their selection, to define and prescribe their terms of office, duties and powers, to fix their compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that at the first regular fall term of the Superior Court of said county of Marion after the passage of this Act, there shall be elected by the grand jury three citizens of said county, who shall, after taking the oath hereinafter prescribed, constitute a board of Commissioners of Roads and Revenues for said county. Election of three members. Sec. 2. Be it further enacted, that at the first election by the grand jury one of said commissioners shall be elected for the term of three years, one for the term of two years, and one for the term of one year, and at each successive fall term of said court there shall be elected one commissioner for the term of three years, or until

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their successor in office is elected and qualified. All vacancies by death, resignation, removal, or disability shall be filled by the first grand jury which convenes after each vacancy occurs. Terms. Sec. 3. Be it further enacted, that no person shall be competent to serve on said board until he shall have taken the following oath of office, which shall be administered by the judge of the Superior Court, the clerk of said court, or the ordinary, which oath shall be recorded in the book of records of the proceedings of said board hereinafter provided for, to-wit: You, and each of you do solemnly swear that you will faithfully discharge the duties of the Commissioners of Roads and Revenues, and in all matters which require your official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the entire county. So help you God. Oath of office. Sec. 4. Be it further enacted, that upon the election of said board by the grand jury of the county, it shall be the duty of the clerk of the Superior Court to certify to the Governor, under the seal of his office, the names of the persons so chosen, and the Governor shall, upon receipt thereof, commission them for the term to which they may have been respectively elected, and upon the presentation of their commissions and taking the oath above prescribed, they shall enter upon the discharge of their duties. Certification. Sec. 5. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall hold a regular meeting on the first Tuesday in every month at the court house in said county, but they may hold special meetings at any time and at any place in said county that their duties may require. At all such meetings the chairman shall preside if present, but in all cases two shall constitute a quorum to do business, and the concurrence of any two of the commissioners shall decide all questions.

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It shall be the duty of the sheriff, when required, to attend the meetings of the Boad, for which services he shall be allowed three dollars per day. The Board, at the first meeting, shall elect one of their members chairman whose duties shall be to preside at all meetings and who shall retain his position during the term of his office. Meetings. Quorum. Chairman. Sec. 6. The Clerk of the Superior Court shall be ex-officio clerk of the Board of County Commissioners, unless said Board sees fit to elect some other person as clerk as hereinafter provided for, and he shall attend all sessions of the Board and shall keep a record of the actings and doings of said Board in a well bound book to be provided for at the expense of the county, and shall receive such compensation as shall be fixed by said Board. If the County Commissioners see fit they may elect some person, other than the clerk of the Superior Court, as the clerk of said Board who shall hold office at the pleasure of said Board. The Clerk of said Board shall keep a book of inventory of all county property including road machinery, live stock, chaingang outfits, road work tools of every kind and class of property belonging to the county, together with a fair valuation of the same which inventory shall be carefully revised each year, and said clerk shall keep such other books and records as may be necessary or as the Board may want, and shall perform generally all and singular the acts and duties necessary to be performed by him as such clerk, and such other duties as said Board may require. Said Board may discharge said clerk at any time and elect a successor. Clerk. Sec. 7. The said County Commissioners shall be paid the sum of Three ($3.00) Dollars per day for the time they are actually engaged in their official duties, to be paid by the county treasurer on the order of said Board. Compensation of Commissioners. Sec. 8. Be it further enacted by the authority aforesaid, that said Board of County Commissioners shall, in their discretion, employ a superintendent of roads and

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bridges who shall be selected on account of his efficiency, knowledge and skill in practical road building. The Superintendent may also be a convict warden. He shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the county under the orders of the Board of County Commissioners. He shall receive such salary as may be fixed by the Board of County Commissioners, and his term of office shall be such as may be fixed by the Board, with authority vested in said Board to discharge him at any time and employ a successor. Superintendent of Roads and bridges. Sec. 9. Be it further enacted by the authority aforesaid, that said Board of County Commissioners of Roads and Revenues shall have, and they are hereby vested with exclusive jurisdiction over the following matters: In directing and controlling and caring for all property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing roads, private ways, bridges, ferries, according to law; in establishing, abolishing and changing election precincts and militia districts; in supervising the tax collector's and tax receiver's books and allowing the insolvent list for said county according to law; in settling all claims against the county, examining and auditing all claims or accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit and bringing them to settlement, and especially are they charged with the duty to examine and audit frequently the books of the county officers of said county through whose hands county funds may pass, and this may be done by the Commissioners themselves, or by their clerk or an auditor, and they may require from all such officers such reports as may be necessary to keep such Board fully informed at all times of the financial condition of the county; in controlling, caring for and managing the convicts of the county according to law; in making such rules, regulations

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and provisions for the support of the poor of the county and for the preserving and promoting of the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; to regulate peddling and fixing license fees, according to law; in providing for and the levying and collecting of road taxes, fixing the amount to be paid in money or number of days to be performed in work in lieu thereof; in trying all road defaulters in accordance with the law; and generally to have and exercise all the powers which by the Constitution and laws of Georgia vested in Ordinaries when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances; in selecting and appointing all minor officials of the county whose election or appointment is not otherwise provided for by law, such as superintendent and guards of convicts and chaingang, janitor at court house, superintendent of poor farms; county physician, health officer, county attorney, county policemen, and other officers and guards as may be needed and authorized by law. Powers and duties of Boards. Said Board shall have entire control and management of the convicts of said county sentenced to work upon the roads or works of said county, and all convicts of this State assigned to this county by proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges, and works of said county and the Streets of Buena Vista, Georgia, as now provided by law, as may now or hereafter be adopted or enforced in said county. Sec. 10. Be it further enacted by the authority aforesaid, that said Board of County Commissioners may receive contributions for the improvement of the public roads of the county from persons who own property along

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the same or from any other person or from the State Government, and such contributions, when received, shall be used for the improvement of the roads designated by the contributor. Contributions. Sec. 11. Whenever practical, in the discretion of the Board, all supplies, equipment, materials, etc., used by the county shall be purchased after competive bids have been received by the said Commissioners. Supplies. Sec. 12. If any section or part of section of this Act shall be held invalid, such invalidity shall not be construed to affect the validity of any other portion of this Act. Sections held invalid not to affect remainder. Sec. 13. Be it further enacted by the authority aforesaid, that the present Board of Commissioners of Roads and Revenues of said county shall continue in office until midnight of December 31, 1925, and until their successors are elected and are qualified as provided for in this Act. Present Board to hold office until Jan. 1, 1926. Sec. 14. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 28, 1925. MARION TAX COMMISSIONER CREATED. No. 199. An Act to consolidate the office of Tax Receiver and Tax Collector in the County of Marion, to fix the compensation for the officer performing the duties of said office when so consolidated, and for 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 Tax Receiver and Tax Collector for the County of Marion, State of

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Georgia, be and the same is hereby consolidated and the official performing the duties of said two offices, when so consolidated, shall be known as the Tax Commissioner of Marion County. Tax Collector and Tax Receiver; offices consolidated. Sec. 2. Be it further enacted by the authority of the same, that said Tax Commissioner as aforesaid shall perform all the duties which are now performed by the Tax Receiver and Tax Collector of Marion County and shall receive as compensation therefor the sum of Twelve Hundred ($1,200.00) Dollars per annum, the same to be paid in monthly installments, and the County Commissioners of Roads and Revenues of Marion County are hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. Duties. Compensation. Sec. 3. Be it further enacted by the authority aforesaid, that the said Tax Commissioner shall be elected by the qualified voters of said county at the general State election to be held in said county in the year 1928, to serve for a term of four years beginning January 1st, 1929, and thereafter the term of said Tax Commissioner shall be for a term of four years, and shall be elected by the qualified voters of said county at the regular state election held in said county held in said county immediately preceding the expiration of the incumbent. Election Term. Sec. 4. Be it further enacted by the authority aforesaid, that said Tax Commissioner before entering upon the discharge of the duties of said office shall take the following oath, I....., Tax Commissioner of the County of Marion, do swear that I will faithfully discharge the duties required of me as Tax Commissioner of returns of taxable property, or of persons or things specially taxed in the county to which I am elected, as required of me by the laws, and will not receive any return but on oath or affirmation, and will before receiving returns carefully examine each, and will faithfully discharge the duties required of me as tax collector, and that I will faithfully

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search out and make true returns of all defaulters, polls, professions, and all taxable property not found on the tax digest, or not returned to the clerk of the Superior Court by the 15th of August, and that I will pay over all taxes collected by me, as required by law. So help me God. Oath of office. Said Tax Commissioner shall give bond and security in the sum and manner now provided by law for Tax Collector; the security on said bond to be a reliable Bonding Company; which said bond shall be filed and approved before said Tax Commissioner enters upon the discharge of his duties. Bond. Sec. 5. That all compensation or fees which are now received by law by said Tax Receiver and Tax Collector for services rendered the State of Georgia and which are paid to them by the State of Georgia, as distinguished from the county, shall be received by and paid to the County of Marion, the same to be paid over to the Treasurer of said county by the proper authorities of the State of Georgia in the same manner as the same are now paid to said Tax Receiver and Tax Collector. Fees. Sec. 6. That all fees, commissions, costs, percentages, penalties, allowances, and all perquisites of whatever kind which are now, or which may hereafter be allowed by law, to be received or collected as compensation for services by any of above named officers, shall be received or collected as compensation for services by any of the above named officers, shall be received and collected by said Tax Commissioner for the sole use of the county and shall be held as public moneys belonging to said county and accounted for and paid over to said county on the first day of each month at which time a detailed statement shall be made by said Tax Commissioner, under oath, showing such collections, and the sources from which collected, and the county

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treasurer shall keep a separate account showing the sources from which said funds were paid. Commissions, etc Sec. 7. That this Act shall go into effect January 1st, 1929. Effective Jan. 1. 1929. Sec. 8. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 11, 1925. MILLER BOARD OF COMMISSIONERS; ACT AMENDED. No. 7. An Act to amend an Act approved August the 22nd, 1905, entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Miller, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that an Act approved August 22nd, 1905, entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Miller, and for other purposes, be and the same is hereby amended by adding 4 new paragraphs to Section 7 and 1 new Section, to said Act, to be numbered as Sec. 7, Par. A; Sec. 7, Par. B; Sec. 7, Par. C; Sec. 7, Par. D, and Sec. 13-A as follows: Act of 1905 amended. Section 7, Par. A. Provided, however, that said Board of Commissioners of Roads and Revenues shall not be authorized or empowered to make and levy Taxes to be used exclusively for county purposes which in any one year exceed a total of 20 mills, except 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, Par. A. Tax rate.

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Section 7, Par. B. Provided, however, that said Board of Commissioners of Roads and Revenues shall not be authorized, and they are hereby prohibited from cutting, or opening any new roads in Miller county within four years from September 1st, 1925, only in cases of actual necessity. Sec. 7, Par. B. New roads. Section 7, Par. C. Provided, however, that said Board of Commissioners of Roads and Revenues shall not be authorized to and they are hereby prohibited from exercising any authority in conflict with the duty and authority empowered the Miller County Road Superintendent. Sec. 7 Par. C. Authority of Road Superintendent. Section 7, Par. D. Provided, however, that said Board of Commissioners of Roads and Revenues shall not be authorized to, and they are hereby prohibited from issuing, or endorsing any Script or warrants during any fiscal year in excess of the total amount of revenue to be received during such year. Sec. 7, Par. D. Warrants. Section 13-A. This Act shall become effective, and in full force on the first day of September, 1925. Effective Sept. 1, 1925. 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 17, 1925. MILLER ROAD SUPERINTENDENT CREATED. No. 9. An Act to create the office of Superintendent of Roads of Miller County, to provide for his elections; to provide for a superintendent until the first day of January, 1929, to provide the term of office of the superintendent so elected; to define the duties of the superintendent and provide for the compensation; to provide for

Page 707

the supervision of his Acts and the auditing of his books, and generally to provide for the management of the affairs of said road superintendent, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the first day of September, 1925, the highway department of Miller County, Georgia, shall be administered by a superintendent of roads, and for that purpose the office of Superintendent of Roads of Miller County is hereby created. Office created, effective Sept. 1, 1925. Sec. 2. Be it further enacted by authority aforesaid, that E. B. Jones is hereby appointed, constituted and made Superintendent of Roads of Miller County, under this Act, and he shall hold office until January 1, 1929, and until his successor is elected and qualified as hereafter provided. E. B. Jones appointed first incumbent. Sec. 3. Be it further enacted by the authority aforesaid, that the successor of the Superintendent 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 1928, to serve for a term of four years beginning January 1, 1929, and thereafter the term of said Superintendent 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. Term. Sec. 4. Be it further enacted by the authority aforesaid, that in order to be eligible to hold the office of said Superintendent, one must have attained the age of 25 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. Eligibility.

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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 Miller County, and said Superintendent shall be commissioned by the Governor of the State of Georgia as other county officers are commissioned. Returns. Sec. 6. Be it further enacted by the authority aforesaid, that said Superintendent, 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 five Thousand Dollars payable to the ordinary of said county and his successors in office and conditioned for the faithful discharge of said superintendent of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of the said ordinary either on his own motion or by direction of the grand jury of said county, and the said Superintendent 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. The Commissioners of Roads and Revenues are authorized and required to pay the annual premium due on such bond out of the public funds of said county. Bond. Sec. 7. Be it further enacted by the authority aforesaid, that said Superintendent 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 Miller. Oath of office.

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Sec. 8. Be it further enacted by the authority aforesaid, that the compensation of the Superintendent shall be eighteen hundred dollars per annum, to be paid at the rate of one hundred fifty 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 the 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 Two Thousand Dollars per annum, or said Grand Jury may diminish said salary, but not below the sum of Fifteen Hundred Dollars per annum. Until such recommendation by said Grand Jury, said salary shall remain Eighteen Hundred Dollars per annum. Compensation. Sec. 9. Be it further enacted by the authority aforesaid, that in case of vacancy in the office of Superintendent, by reason of death, resignation or otherwise, the ordinary of said county shall serve as such superintendent 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. Sec. 10. Be it further enacted by the authority aforesaid, that said Superintendent 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 roads, bridges, roads and bridges material, tools, machinery, stock, free and convict labor and everything else owned and used by said county in building and maintaining roads and bridges and operating the farms and the buying of all material, tools and machinery, farm implements, stock, provisions, clothing and all other necessities for the keeping and maintaining the convicts and

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the stock of said county, according to law, in controlling, calling for and managing the convicts of the county according to law, in making rules, regulations and provisions for the superintending and working of the convicts and free labor of the road department of said county, according to law, and to exercise any such other powers as are granted by law, or as may be indispensable to the jurisdiction over road matters in selecting and hiring free labor for the road, whose election or appointment is not otherwise provided for by law. All appointees of said superintendent shall be subject to suspension or dismissal by said superintendent 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 and duties. Sec. 11. Be it further enacted by the authority aforesaid, that said superintendent 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 Miller by the proper authorities of the State, and shall so employ them according to law and under such plans of working, building, repairing and maintaining the public roads, bridges, and works of said county as may now or hereafter be adopted or enforced by law in said county. Control of convicts. Sec. 12. Be it further enacted by the authority aforesaid, that said Superintendent 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

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to the convict camps, 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 superintendent and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Office open one day a week for public business. Sec. 13. Be it further enacted by the authority aforesaid, that said superintendent shall keep a proper and accurate book of minutes, wherein shall appear all proceedings passed with reference to road matters. He shall 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 roads, 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 roads of all expenditures on account of the chaingang of said county, including supplies and equipment therefor, and pay of warden, guards, etc. He shall keep a book of inventory of all road property, including road machinery, live stock, chaingang outfit, road working tools, farm and farms supply, and every other kind and class of property belonging to said road, 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 road Department, and shall be open to inspection by any citizen or taxpayer of said County of Miller, or to any other person or persons interested in the same. Records.

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Sec. 14. Be it enacted by the authority aforesaid, that said superintendent, at the end of each month, shall make an itemized statement showing all expended on behalf of the road department, that month. Said statement shall show the balance of supplies on hand the beginning of the month and at the end of the month. He shall verify said satement by an affidavit as follows: I,.....Superintendent of Roads of Miller County, do solemnly swear that the above is a full and true statement of the monetary transactions of my office for the month ending....., and that I have not received any rebate or drawback, nor have I personally profited or known of any illegal profit to any one whomsoever through any transaction of my office, so help me God. Statements (Signed)..... Sworn to subscribed before me this the.....day of....., 19....., and presented to the Commissioners of Roads and Revenues for their records. Said statement at a satisfactory price by the official newspaper county, provided the superintendent can arrange for its publication at a satisfactory price, not to exceed in any event one dollar per one hundred words. If the superintendent 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 Sec. 15. Be it further enacted by the authority aforesaid, that it shall be unlawful for said superintendent to contract with any person related to him within the third degree, either by blood or marriage, 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

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or other works of the county upon full specifications and due and due advertisement in regard thereto, and a person so related to the superintendent 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 superintendent shall have the right, however, to reject any and all bids; and it shall likewise be unlawful for said superintendent 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 purchase of any equipment of supplies for the county; or the awarding of any contract for said county; and if any superintendent shall violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in Section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office; and such conviction shall create a vacancy in said office, which shall be filled as hereinbefore provided in this Act. Unlawful contracts. Notice and bids Penalty. Sec. 16. Be it further enacted by the authority aforesaid, that no material for public building, bridges or roads shall be purchased by said superintendent 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 guage, and such as recognized by the State Highway Department and the United States road building authorities as standards for road purposes. All laws of Georgia as to competitive bidding for all such material shall be strictly observed. Purchase of materials. Sec. 17. Be it further enacted by the authority aforesaid, that said superintendent may receive contribution for the improvement of the public roads of the county

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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 of his official bond shall be liable to the ordinary of said county for any misappropriation of any such funds on said bond. Accounts. Sec. 18. Be it further enacted by the authority aforesaid, that it shall be the duty of said superintendent, 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 superintendent. Policy of greatest good to greatest number. Sec. 19. Be it further enacted by the authority aforesaid, that said superintendent 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. Connection with Highway Department. Sec. 20. Be it further enacted by the authority aforesaid, that it shall be the duty of said superintendent to have the main streets and thoroughfares of the incorporated cities and towns 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

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worked and maintained outside of said cities and towns of said county. Repair of Streets in incorporated towns. Sec. 21. Be it further enacted by the authority aforesaid, that the said superintendent 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. Co-operation with municipal officers. Sec. 22. Be it further enacted by the authority aforesaid, that the working of streets and thoroughfares 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 superintendent, 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 superintendent as to any matter pertaining to the said work herein provided for, the judgment or decision of the said superintendent shall be final and prevail in the premises. Superintendent's judgment final. Sec. 23. 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, or expert bookkeepers to audit the books, and accounts of said superintendent. Said accountant or bookkeeper shall have the power to examine upon oath said Superintendent relative to any transaction, in connection with said Superintendent's office. Said accountant or bookkeeper shall audit all books, and other records of said superintendent up to the first of April of year following their appointment, and shall prepare an inventory of all property and materials 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

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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. Audits. Sec. 24. 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 superintendent, and if any grand jury of Miller County shall find, by a majority vote thereof, that the superintendent has violated any of the terms of this Act, or that he has been wasteful or inefficient, or has wrongfully or fraudulently 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 superintendent vacant, and if said second grand jury, by a majority vote thereof, concur 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 superintendent shall not have the right to be a candidate to succeed himself. The ordinary, upon a vacancy being declared as here provided, shall discharge the duties of superintendent until a superintendent can be elected and qualified. Supervision by Grand Jury. Removal. Sec. 25. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not effect or destroy the validity or constitutionality of any other part, section, provision or clause of this act which is not in and of itself unconstitutional or invalid, and the remaining portions

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of this Act shall be enforced without regard to the section, provision, clause, or part which may be so held to be invalid. Provisions held invalid not to affect remainder. Sec. 26. Be it further enacted by the authority aforesaid, that the superintendent of roads of Miller County is hereby authorized to hold the position of Miller County Convict Warden, provided, however, should the Prison Commission of the State of Georgia appoint him as such Warden, each of the two positions, and their respective responsibilities, shall be separate, and distinct, one from the other, however they may be held by one and the same person. Superintendent authorized to be Convict Warden. Sec. 27. Be it further enacted by the authority aforesaid, that the superintendent of roads of Miller County is hereby required to furnish to the Commissioners of Roads and Revenues of Miller County on the first Tuesday of each month, a complete and accurate account of his works, a duplicate copy of all orders issued by said superintendent, for materials, supplies, and an itemized statement showing the cost of free labor and who the said free labor consists of, and all other things purchased by his authority, and all work being done under his authority the previous month, the said Commissioners of Roads and Revenues are hereby authorized and required to audit said accounts, approve and issue county warrants upon the treasury of said county for same, which said treasury is authorized and required to pay upon presentment. Monthly accounts. 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 July 17, 1925.

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MITCHELL COUNTY; DOG-KEEPING REGULATED. No. 257. An Act to be effective in Mitchell County, Georgia, relating to dogs and the protection of live stock and poultry from damage by dogs; regulating the keeping of dogs; and authorizing their destruction in certain cases; providing for the determination and payment of damages done by dogs to live stock and poultry, imposing powers and duties on certain county officers; and for other purposes. Section 1. From and after January 10, 1926, it shall be unlawful for any person to own any dog four months old or over, unless said dog is licensed as hereinafter provided, or to own any dog four months old and over that does not at all times wear a collar with metal tag attached, as hereinafter provided. Licenses after Jan. 10, 1926. Sec. 2. That on or before the 10th day of January, 1926, and on or before the same date of each year thereafter the owner of any dog four months old or over shall apply to the treasurer of the county of Mitchell for a license for each such dog owned or kept by him, and shall accompany said application by a fee of $1.50 for each male dog or spayed female dog and $3.00 for each unspayed female dog. Application and fee. Sec. 3. That the treasurer of said county shall then deliver to said owner a license and also a metal tag, such tag to be affixed to a substantial collar to be furnished by the owner, which, with the tag attached, shall at all times be kept on the dog for which the license is issued. Such tags shall have impressed upon them the calendar year for which they are issued and shall be numbered consecutively. The treasurer of said county of Mitchell shall keep a duplicate record of each license so issued, or otherwise record each dog licensed. Said county treasurer

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is authorized to advance out of any funds of the county of Mitchell, such sum of money as may be necessary from time to time to pay for the tags and books containing proper forms for issuing licenses and providing for a permanent record for each dog licensed, which sum shall be repaid from the money collected in payment for the tags. Tags. Sec. 4. Any person, in said county of Mitchell, becoming the owner, after the 10th day of January, 1926, or any year thereafter, of any dog four months old, or over, which has not already been licensed, or any person owning a dog which becomes four months old at any time after the 10th day of January of any year, shall forthwith apply for and secure a license for which dog, and in case of application made at any time after the 10th day of July of any year, the license fee shall be one-half of the amount fixed as the annual license fee for such dog. Reduction of fee, when. Sec. 5. Each license shall be dated and shall bear a serial number corresponding to the number on the metal tag furnished to said owner and a full description of the dog licensed. Date and number. Sec. 6. If any dog tag is lost, it shall be replaced without cost by the county treasurer, upon application by the owner of the dog, and upon production of such license and a sworn statement of the facts regarding the loss of such tag. Lost tags. Sec. 7. No license or license tag issued for one dog shall be transferred to another dog. Whenever the ownership or possession of any dog permanently transferred from one person to another within said county, the license of such dog may be likewise transferred, upon notice given to the county treasurer, who shall note such transfer upon his record. Transfers. Sec. 8. None of the provisions of this Act shall be construed as to require the licensing of any dogs imported

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into this county, for a period not exceeding thirty days, for show, trial, breeding, or hunting purposes. Exemptions. Sec. 9. The sheriff of said County of Mitchell shall seize and impound all dogs over four months of age found in said county without registration tags as provided in this Act and shall immediately notify the owner if known. The sheriff of said county shall sell or destroy such dogs, if they are not redeemed within three days after being seized and impounded by the payment of the cost of seizure and housing and feeding. The sheriff of said county shall be entitled to a fee of $1.50 for each dog seized and fifty cents per day in addition for housing and feeding. In cases of dogs seized by the sheriff not redeemed by the owner by the payment of the costs, or, if sold the proceeds is insufficient to pay the costs of seizure and impounding the sheriff's costs shall be paid by the county treasurer from the dog tax fund. Impounding. Fee. Sec. 10. The funds arising from this Act shall be kept in a separate account known as the dog-tax fund by the county treasurer of the county of Mitchell, provided the county treasurer shall be allowed to retain twenty-five cents for each dog registered with him as provided in this Act to compensate him for keeping the records and otherwise administering the requirements of this act. Said county treasurer is authorized to pay from said fund the cost incurred in making this law operative. Dog tax funds. Sec. 11. Whenever any person sustains any loss or damage to any live stock or poultry by dogs, or whenever any live stock of any person is necessarily destroyed because of having been bitten by a dog, such person or his agent or attorney may file a claim with the Commissioners of Roads and Revenues of the County of Mitchell, provided the owner of the dog, or dogs which committed said damage is unknown and, if known, is insolvent, stating when, where and what and how much damage was done, and, if known by whose dog or dogs. Said claims shall be

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verified by the testimony of at least two freeholders. Said Commissioners of Roads and Revenues of said county shall pass on the claims and pay them in December of each year. If said dog tax fund is insufficient for this purpose, then in that event it shall be prorated. If the stock owner is dissatisfied with the allowance made by the Commissioners, he may appeal to the Superior Court of said county. If at the end of the year there is a surplus left in the hands of the county treasurer, such surplus shall be turned into the educational fund of the county to be used for educational purposes. Claims. Sec. 12. Any person violating or failing or refusing to comply with any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be sentenced, to pay a fine not exceeding $25.00, or to imprisonment in the county jail not exceeding 30 days, or to both such fine and imprisonment at the discretion of the court. Penalty. Sec. 13. Nothing in this Act shall be construed to interfere with the imposition and collection of any State, county or municipal tax on dogs under existing laws, nor as limiting the liability of owners of dogs for damages done by them under existing laws. Other taxes not affected. Sec. 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1925. MUSCOGEE PARTY EXECUTIVE OFFICERS. No. 304. An Act to provide that the chairman or chief executive officer of the executive committee of every political party in Muscogee County, State of Georgia, shall be elected by direct popular vote at the same time that candidates for county offices of such political parties

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are nominated, and by the same electors, and subject to the same rules and regulations; that the candidate for such office of such party receiving the highest popular vote shall be declared duly elected to such office, by the committee canvassing the returns of such election; that the term of such chairman or chief executive officer of such county committee shall begin on the first day of January following such primary election, and shall continue until the first day of January following the next succeeding primary election for county officers; that such officer shall be authorized and empowered to appoint the members of such committee, which shall consist of twelve qualified voters and members of such party who shall have resided for a period of six months prior to date of appointment within the incorporated limits of the city of Columbus, and one qualified voter and members of such party who shall have resided for a period of six months prior to date of appointment within the limits of each election precinct in said county of Muscogee; such committee so constituted shall have jurisdiction and power as heretofore exercised over the affairs of such party; to define what is a political party within the terms 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 the authority of the same as follows: Section 1. That the Chairman or Chief Executive officer of the executive committee of every political party in Muscogee County, State of Georgia, shall be elected by direct popular vote at the same time that candidates for county offices of such political parties are nominated, and by the same electors, and subject to the same rules and regulations; that the candidate for such office of such party receiving the highest popular vote shall be declared duly elected to such office, by the committee canvassing the returns of such election. Elections.

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Sec. 2. That the term of such chairman or chief executive officer of such county committee shall begin on the first day of January following such primary election, and shall continue until the first day of January following the next succeeding primary election for county officers; that such officer shall be authorized and empowered to appoint the members of such committee, which committee shall consist of twelve qualified voters and members of such party who shall have resided for a period of six months prior to date of appointment within the incorporate limits of the City of Columbus, and one qualified voter and member of such party who shall have resided for a period of six months prior to date of appointment within the limits of each election precinct in said county of Muscogee; such committee so constituted shall have jurisdiction and power as heretofore exercised over the affairs of such party. Term. Appointment of Committee members. Sec. 3. That a political party or organization which at the general election for officers in said county, then next preceding a primary, polled more than ten per cent of the entire vote cast, is hereby declared to be a political party or organization within the meaning of this section within said county; in determining the total vote of a political party, whenever required by this section, the test shall be the total vote cast for the candidate, of such political party or organization who receives the greatest number of votes. Political party defined. Sec. 4. That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 20, 1925.

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MUSCOGEE TAX EXEMPTION ELECTIONS. No. 37. An Act empowering the County of Muscogee to put into effect the provisions of Article 7, Section 2, Paragraph 2-a of the Constitution of the State of Georgia exempting certain industries therein named from taxation for a space of five (5) years and authorizing and directing that an election be called for the purpose of submitting to the qualified voters of the County of Muscogee the question of whether or not the taxing authorities of said county may exempt from taxation such property as is mentioned in the above constitutional provisions, and providing that in case said exemption shall be approved by a majority of the electors voting in said county that said exemption shall go into effect in the County of Muscogee, and to provide the manner of holding such election or elections, the preparation and counting of ballots, declaring the result, 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 Ordinary of Muscogee County, Georgia, is hereby authorized and directed to call an election within not less than thirty days, and not more than ninety days after the passage of this act for the purpose of submitting to the qualified voters of Muscogee County the questions of whether or not the tax levying authorities of said county shall exempt from taxation for a space of five years such property as is provided in Article 7, Section 2, paragraph 2-a of the Constitution of the State of Georgia. Election. Sec. 2. In case the Ordinary of Muscogee County is, for any reason, disqualified or fails to act, as herein provided, the clerk of the Superior Court of Muscogee County,

Page 725

Georgia, may act in his stead and perform all the duties herein provided for the Ordinary to perform. Muscogee Superior Court Clerk to act if ordinary disqualified. Sec. 3. That the manner of holding said election, the preparation of the ballots, the counting of the ballots, shall be the same as is now provided for holding elections in the County of Muscogee for county officers in the County of Muscogee. Manner of holding. Sec. 4. That the manager shall be appointed by and the result of said election shall be declared by the Ordinary, or in case as provided in Section 2 hereof, by the clerk of the Superior Court, and the record of the result of such election shall be entered upon the minutes of the Court of Ordinary of Muscogee County, Georgia. Result Sec. 5. That said election shall be advertised once a week for four weeks immediately preceding the date of said election in any newspaper having general circulation in Muscogee County, Georgia. Advertisem Sec. 6. In said election those favoring said five year tax exemption, as herein set out, shall have written or printed on their ballots For five year tax exemption, for persons coming within the provisions of Article 7, Section 2, paragraph 2-a of the Constitution of Georgia, as provided in Section 1, Acts of December 19, 1923, and those opposing said five year tax exemption, as herein set out, shall have written or printed on their ballots, Against a five year tax exemption, for persons coming within the provisions of Article 7, Section 2, paragraph 2-a of the Constitution of Georgia, as provided in Section 1, Acts of December 19, 1923. Bal Sec. 7. That a warrant shall be drawn on the county treasurer of Muscogee County to cover the expenses of said election, as herein provided. Warrant. Sec. 8. That if a majority of the electors voting in such county in said election shall vote in favor of said proposed tax exemption the same shall go into effect as provided

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in the above mentioned provisions of the Constitution and in each case where the same shall go into effect it shall be irrevocable by any of the county authorities for the space of five (5) years in each instance where the same shall go into effect. Irrevocable for five years; if effective. Sec. 9. That in case said election herein provided for should fail to carry the grand jury of Muscogee County, Georgia, may at any time after ninety days from the time the result of said election is declared, if they shall deem fit and proper, recommend that another election be held as herein provided, and in that event another election shall be called within not less than ninety days after such recommendation shall have been made by a Muscogee County grand jury, and said second election may be held as herein provided, and the result thereof declared as herein provided, and it shall have the same force and effect as the election first above mentioned. Second election. Sec. 10. The polls shall be opened and closed at said election in the various polling places in Muscogee County as is now provided by law. Polls. Sec. 11. That if said election shall carry in favor of said tax exemption, any person, natural or artificial, a resident of this State, who may after January 1st, 1924, build, equip, establish, or enlarge a plant for the manufacture or processing of cotton, wool, linen, rubber, clay, wood, metal, metallic or non-metallic minerals, or combinations of the same, cream or cheese plant, or for production or development of electricity may as to such building, enlargement, or equipment be exempt from all county ad valorem tax for a period of five years from the date of the beginning of the building, equipment, or enlargement of such plant in the County of Muscogee. Exemptions. Sec. 12. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 22, 1925.

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OCONEE BOARD OF COMMISSIONERS; ELECTIONS AND TERMS. No. 29. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Oconee County; to provide for the members thereof and for their removal from office; to define their duties, powers, and jurisdictions; to provide for their compensation, and for other purposes, approved August 18th, 1917, and the Acts amendatory thereof, so as to provide that the said County Commissioners of said county shall be elected at the same time and in the same manner as other county officers are now elected in Georgia; to provide that the terms of office of the County Commissioners of said Oconee County shall be four years, and to provide for the filling of vacancies in the offices of the County Commissioners of said county. Section 1. Be it enacted by the General Assembly of Georgia,, and it is hereby enacted by authority of the same, that from and after the passage of this Act Sec. 2 of the Act approved August 18th, 1917, creating the Board of Commissioners of Roads and Revenues for Oconee County, Georgia, be and the same is hereby amended to read as follows: Be it enacted that the Board of Commissioners of Roads and Revenues for Oconee County, Georgia, shall consist of five members. The Ordinary of said county shall by virtue of his office be one member of said board; the other four members shall be elected by the qualified voters of said Oconee County at the same time and in the same manner as other county officers are now elected in Georgia. One of the said Commissioners shall be voted for and shall be elected as Chairman of the said Board this being designated on the ballots cast in the election. The terms of office of said Commissioners shall be four years, and they shall be elected on Tuesday

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after the first Monday in November of the years when county officers are elected. The members of the Board of Commissioners of Roads and Revenues for Oconee County last elected and qualified, that is, the members of the present board shall be and constitute the Board of Commissioners of Roads and Revenues for Oconee County, Georgia, till the next regular election of county officers, when their successors shall be elected. In all elections of said Commissioners the candidate receiving the highest number of votes for the sought shall be elected. The first election under this Act shall be on the date of the next regular election of county officers in Georgia, when the successors to the present Commissioners for said County of Oconee shall be elected. The foregoing is enacted in lieu of Section 2 of said Act of August 18, 1917, which is repealed. Act of 1917 amended. Board of five members, including Ordinary. Election. Term. Sec. 2. Be it further enacted, that Section 5 of said Act creating a Board of Commissioners of Roads and Revenues for said Oconee County, approved August 18, 1917, be and the same is hereby repealed and the following substituted in lieu of it; all vacancies hereafter occurring on said Board as well as all vacancies now existing shall be filled by election by the Grand Jury of said Oconee County as its next session after the vacancy occurs; except that a vacancy occurring in the office of chairman of said Board shall not be filled by the Grand Jury, but shall be filled by the qualified voters of the said county in a special election which shall be called promptly by the Ordinary of said county to be held within 30 days from the date of said call of said election. Provided, however, that the Judge of the Superior Court of the circuit embracing said Oconee County may by appointment fill any vacancy till the next session of the Grand Jury which the said Jury will then have a right to fill by election. Sec. 5 repealed. Vacancies. During a vacancy in the office of Chairman of said Board the Ordinary of the said Oconee County shall discharge

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the duties of the office of Chairman till a chairman is elected and qualified. Chairman; evacancy. 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 21, 1925. OCONEE BOARD OF COMMISSIONERS; ELECTIONS AND TERMS. No. 30. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Oconee County; to provide for the members thereof and for their removal from office; to define their duties, powers and jurisdictions; to provide for their compensation, and for other purposes, approved August 18th, 1917, and Acts amendatory thereof, so as to provide that the said County Commissioners of said county shall be elected at the same time and in the same manner as other county officers are now elected in Georgia; to provide that the terms of office of the County Commissioners of said Oconee County shall be four years, and to provide for the filling of vacancies in the offices of the County Commissioners of said county. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the pasage of this Act Section 2 of the Act approved August 18th, 1917, creating the Board of Commissioners of Roads and Revenues for Oconee County, Georgia, be and the same is hereby amended to read as follows: Be it enacted that the Board of Commissioners of Roads and Revenues for Oconee County, Georgia, shall consist of five members. The Ordinary

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of said county shall by virtue of his office be one member of said board; the other four members shall be elected by the qualified voters of said Oconee County at the same time and in the same manner as other county officers are now elected in Georgia. One of the said Commissioners shall be voted for and shall be elected as Chairman of the said board, this being designated on the ballots cast in the election. The terms of office of said Commissioners shall be four years, and they shall be elected on Tuesday after the first Monday in November of the years when county officers are elected. The members of the Board of Commissioners of Roads and Revenues for Oconee County last elected and qualified, that is, the members of the present board shall be, and constitute, the Board of Commissioners of Roads and Revenues for Oconee County, Georgia, till the next regular election of county officers, when their successors shall be elected. In all elections of said Commissioners the candidate receiving the highest number of votes for the office sought shall be elected. The first election under this Act shall be on the date of the next regular election of county officers in Georgia, when the successors to the present Commissioners for said county of Oconee shall be elected. The foregoing is enacted in lieu of said Section 2 of said Act of August 18, 1917, which is repealed. Act of 1917 amended. Board of five members, including ordinary. Election. Term. Sec. 2. Be it further enacted, that Section 5 of said Act creating a Board of Commissioners of Roads and Revenues for said Oconee County, approved August 18, 1917, be and the same is hereby repealed and the following substituted in lieu of it: All vacancies hereafter occurring on said Board as well as all vacancies now existing shall be filled by election by the Grand Jury of said Oconee County at its next session after the vacancy occurs; except that a vacancy occurring in the office of Chairman of said Board shall not be filled by the Grand Jury, but shall be filled by the qualified voters of the said county in a special election which shall be called promptly by the Ordinary

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of said county, to be held within 30 days from the date of said call of said election. Provided, however, that the Judge of the Superior Court of the circuit embracing said Oconee County may by appointment fill any vacancy till the next session of the Grand Jury which the said jury will then have a right to fill by election. Sec. 5 repealed. Vacancies. During vacancy in the office of Chairman of said Board the Ordinary of the said Oconee County shall discharge the duties of the office of Chairman till a Chairman is elected and qualified. Chairman; vacancy. 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 22, 1925. OCONEE TREASURER'S ELECTION. No. 172. An Act to amend an Act approved August 18th, 1919, entitled An Act to abolish the office of County Treasurer of Oconee County, Georgia, and for other purposes, and Acts amendatory thereof so as to provide for a Treasurer other than the Ordinary to be elected by the Board of County Commissioners upon failure of the Ordinary to make bond, 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 4 of an Act entitled an Act to amend an Act to abolish the office of County Treasurer for Oconee County, Georgia, and for other purposes, approved August 20th, 1920, be and the same is hereby amended by adding to said section after the seventh word of the second line of said section, the words to the County Commissioners of Roads and Revenues of the County of Oconee,

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and by adding after the eighth word of the second line of said section the words, duly signed by a good and solvent surety company doing business in the state, so that when amended said section shall read as follows: Be it further enacted by the authority aforesaid, that the said Ordinary shall make to the County Commissioners of Roads and Revenues of the County of Oconee a bond duly signed by a good and solvent surety company, doing business in this State, for the faithful performance of duties as county Treasurer of the County of Oconee in such sum as said County Commissioners of said county shall determine; provided that said bond shall not be less than fifteen thousand ($15,000.00) dollars and provided also that the cost for making such bond shall be made by the County Commissioners of the County of Oconee and shall not be deducted from the salary of the Ordinary as set forth in Section 3 of this Act. Act of 1920 [Illegible Text]. Sec. 4 read. Bond. Sec. 2. Be it further enacted by the authority aforesaid, that a new Section be added to said Bill to be known as Section 6. Be it further enacted by authority aforesaid that said Ordinary shall have sixty days in which to make bond as set forth in Section 4 of this Act as amended, and should said Ordinary fail to make bond as aforesaid, within sixty days, then and in that event it shall be the duty of the County Commissioners of the County of Oconee to declare said office of County Treasurer vacant and they shall then proceed to elect a County Treasurer who shall make bond as set forth in Section 4 of this Act. New Sec. 6. Failure to make bond; vacancy. Sec. 3. Be it further enacted by authority aforesaid, that Section 5 of said Act be and the same is hereby made Section 6. Sec. 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925.

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PICKENS ROAD TAX. No. 151. An Act to repeal an Act to fix the amount of commutation tax for road work in the County of Pickens and to provide how the same shall be discharged by work on the roads in said County and for other purposes, approved July 31, 1918, Acts of 1918, pages 489 and 490. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act, the Special Act above entitled be and the same is hereby repealed. Act of 1918 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925. PIERCE COMMISSIONER; ACT AMENDED. No. 31. An Act to amend an Act entitled An Act to create the office of Commissioner of Roads and Revenues of the County of Pierce; to provide for his election and for his recall; to provide for a Commissioner until the first Commissioner is elected and qualified under this Act; to prescribe the term of office of the Commissioner so elected; to define the duties of the Commissioner and to provide for his compensation; to provide for the proper supervision of his acts and the auditing of his books, and generally, to provide for the management of the affairs of said county, and for other purposes, approved July 28, 1921.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That no purchase shall be made or contract entered into by the Commissioner of Roads and Revenues where the price to be paid or the amount involved is in excess of one thousand dollars unless the same shall be first approved by at least two members of the Advisory Board of Pierce County, and their approval shall be signified by their signature to a statement in general terms on the minutes of the Commissioner of Roads and Revenues as to the purchase to be made or the contract to be entered into, provided this requirement shall not apply to any sale of bonds issued by Pierce County. Contracts; approval by Advisory Board. Sec. 2. That on and after January 1st, 1927, the Commissioner of Roads and Revenues shall be required to make his residence at Blackshear, the county site of Pierce County, in order that he may at all times be accessible to the people of the county and particularly to those having business with his office. This requirement, however, shall not affect the right of any qualified person living anywhere in the county to become a candidate for the office. Residence. Sec. 3. That from and after the passage of this Act the allowance to the Commissioner of Roads and Revenues for clerk hire shall be fifty dollars per month and the allowance for mileage shall be six cents per mile for each mile traveled in going from place to place in the county to discharge the duties imposed upon him. Allowances. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 22, 1925.

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PIERCE COMMISSIONER; MILEAGE ALLOWANCE. No. 321. An Act to amend an Act entitled: An Act to create the office of Commissioner of Roads and Revenues of the County of Pierce; to provide for his election and for his recall; to provide for a Commissioner until the first Commissioner is elected and qualified under this Act; to prescribe the term of office of the Commissioner so elected; to define the duties of the Commissioner, and to provide for his compensation; to provide for the proper supervision of his acts and the audit of his books, and generally to provide for the management of the affairs of said county, approved July 28, 1921, as amended by the Act approved July 22, 1925, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That from and after the passage of this Act the allowance to the Commissioner of Roads and Revenues for mileage shall be 7 cents per mile for each mile traveled in going from pace to place in the county to discharge the duties imposed upon him. Allowance 7 cents a mile Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925.

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PIERCE COUNTY; FISHING REGULATED. No. 188. An Act to prohibit fishing in any of the fresh water streams or lakes located in Pierce County, Georgia, from April 1st to July 1st of each year, except any person or persons who has or have the written consent of the land owner on whose property said fresh water streams or lakes may be located may fish in said streams or lakes on Tuesdays and Saturdays of each week during said season or within the said time, provided further, that no person or persons shall be allowed to catch more than twenty-five fish per person in any one day during the period covered by this Act; providing fees for the enforcement of said Act, for the appointment of Deputy Wardens, for the punishment of violators of 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 from and after the passage of this Act it shall be unlawful for any person or persons to fish in any of the streams or lakes located in Pierce County, Georgia, from April 1st to July 1st of each year, except when such person or persons has or have the written consent of the land owner on whose property said streams and lakes may be located, they may fish in said streams or lakes on Tuesdays and Saturdays of each week during said season or within said time specified, provided the catch of each person shall not be more than twenty-five fish per day. Closed season; permits. Sec. 2. Be it further enacted by the authority aforesaid, that a violation of any of the provisions of this Act shall be punished by a fine of not less than $50.00 nor more than $100.00 and by confinement on the chaingang for not less than three months nor more than nine months, either or both in the discretion of the court. Penalty.

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Sec. 3. Be it further enacted by the authority aforesaid, that the game and fish warden of Pierce County, Georgia, shall be the person whose duty it is to see that this Act is enforced and upon conviction for each violation of this Act in the Superior Court of Pierce County, Georgia, or in the City Court of Blackshear, of said county, he shall receive a fee of $25.00, to be paid out of the fine imposed as aforesaid. Said game and fish warden shall have the same power and authority to recommend the appointment of deputy wardens under this Act as he has under the general law, and the said warden or deputy wardens shall have the same power and authority to arrest violators of this law under this Act. Warden's fees. 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 8, 1925. PIERCE COUNTY; QUAIL SHOOTING REGULATED. No. 348. An Act to regulate the shooting of quail in Pierce County, Georgia. Be it enacted by the General Assembly of Georgia as follows: Section 1. That from and after the passage of this Act it shall be unlawful to shoot quail in Pierce County except on Tuesdays and Fridays of each week during the period between November 20th and March 1st. Open season. Sec. 2. That a violation of the provisions of this Act shall be punished by a fine of not less than $50.00 nor more than $100.00 or by confinement in the chain gang

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for not more than nine months, either or both in the discretion of the court. Penalty. Sec. 3. That the game and fish warden of Pierce County shall enforce the provisions of this Act, and he shall receive a fee of $15 on each case where a fine is imposed as aforesaid. Warden's fees. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1925. POLK TAX EXEMPTION ELECTION. No. 42. An Act to authorize the authorities charged with the management of the fiscal affairs of the County of Polk, or of any incorporated municipality located in said County to call an election or elections to submit to the qualified voters of said county or of such municipality the question of exempting from all county or incorporated town or city ad valorem taxes for a period of five years, certain property referred to and desoribed in Article 7, Section 2, Paragraph 2A of the Constitution of the State of Georgia, to provide the manner of holding such elections, and declaring the results thereof; and to provide for exempting such property from taxation, if the election is favorable thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the authorities charged with the management of the fiscal affairs of Polk County, and of any incorporated municipality located in said county, are hereby authorized and directed to call a special election not earlier than thirty, nor later than sixty, days after the approval

Page 739

of this Act, for the purpose of submitting to the qualified voters of said county, and of said municipalities respectively, the question as to whether or not the authorities charged with levying taxes shall exempt from taxation such property as is referred to and described in Article 7, Section 2, Paragraph 2a of the Constitution of the State of Georgia. If in any election hereby authorized a majority should be against exempting such property from taxation, the authorities above designated are authorized to call an election and submit the same question to the qualified voters of the county or of any city in said county, as the case may be, at any general election subsequently held in such county or in such city in which the vote may have been adverse to such tax exemption. Election. Sec. 2. Be it further enacted by the authority aforesaid that if the majority vote in any election held as above authorized is favorable to exempting said property from taxation, the authorities charged with levying taxes in said county, or municipality in said county, in which the vote in such election shall have been favorable to exempting said property from taxation, shall not levy any ad valorem tax against the property above referred to for and during the maximum time provided in the Constitution of this State. Result. Sec. 3. Be it further enacted by the authority aforesaid that the manner of holding such elections, the counting of ballots, declaring the results, determining the voters qualified to vote therein, shall be the same as now provided by law in connection with the elections to determine whether bonds shall be issued by said county or by said municipalities respectively. The elections for exempting from county taxation and from city taxation may be held on the same day, or on different days, but if held on the same day, shall be separately conducted, and only voters qualified to vote in the city elections shall vote for or against exempting from city taxation property located in their respective cities. Manner of bolding.

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Sec. 4. Be it further enacted by the authority aforesaid that in any such election those voting in favor of such tax exemption shall have written or printed on their ballots, To encourage manufacturing and industrial enterprises by exempting from taxation for five years. Those voting against such tax exemption shall have written or printed on their ballots, Against encouraging manufacturing and industrial enterprises by exempting from taxation for five years. Ballots. Sec. 5. 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 23, 1925. QUITMAN TREASURER'S SALARY. No. 121. An Act to provide for the compensation of the Teasurer of Quitman County, Georgia, by an annual salary to fix the amount of said salary and to provide for the fixing of the amount of the bond to be given by said Treasurer and payment of the premium of said bond 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 January 1, 1928, the treasurer of Quitman county shall receive as his compensation for his service, the sum of One Hundred Fifty ($150.00) Dollars per annum, to be paid annually, which said sum shall be in lieu of all fees now received by the Treasurer. Salary $150 per annum. Sec. 2. Be it enacted by authority of aforesaid, that the amount of bond to be given by said Treasurer shall be fixed by the County Commissioners of said county, and it shall be the duty of said County Commissioners to pay

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out of the common fund of said county, the premium on the bond so fixed and required. Bond. Sec. 3. Be it enacted by authority aforesaid, that from and after the effective date of this Act, no person, firm or corporation, other than a firm or corporation regularly and lawfully engaged in bonding business in this state, shall be accepted on the bond of the Treasurer of Quitman County, Georgia. Bonding firms acceptable. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 3, 1925. RICHMOND SCHOOL TAX. No. 165. An Act to amend an Act, approved August 2, 1924, entitled An Act to amend an Act entitled `An Act to regulate public instruction in the County of Richmond', approved August 23, 1872, by striking out the words One per cent in the fifth (5th) line of the caption of said Act, approved August 2, 1924, and in the sixth (6th) and ninth (9th) lines of Section 1 of said Act, approved August 2, 1924, and in lines five (5) and (8) of Section 16 of the Act approved August 23, 1872, as amended and set out in said Act, approved August 2, 1924; and substituting in lieu of the words so stricken, the figures and words 12 mills, so as to raise the limit of the amount of tax that may be levied by the County Board of Education from a rate not to exceed one cent to a rate not to exceed 12 mills on the assessed value of the taxable property in the county, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 2, 1924, entitled An Act to amend an Act entitled `An Act to regulate public instruction in the County of Richmond', approved August 23, 1872, be amended by striking out the words One per cent in the fifth (5th) line of the Caption of said Act, approved August, 2, 1924, and in the sixth (6th) and ninth (9th) lines of Section 1 of said Act, approved August 2, 1924, and in lines five (5) and eight (8) of Section 16 of the Act approved August 23, 1872, as amended and set out in said Act approved August 2, 1924, and substituting in lieu of the words so stricken the figures and words 12 mills, so that Section 16 of the Act, approved August 23, 1872, as amended by the Act approved August 2, 1924, when so amended by this Act, shall read as follows: Act of 1924 amended. Section 16. 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 12 mills on the assessed value of taxable property in the county, as shown by the county digest of the year in which levy is made, provided, however, that this limitation of 12 mills 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 tax payers 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

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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. Rate 12 mills. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws or parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved August 7, 1925. SEMINOLE BOARD OF COMMISSIONERS; ACT OF 1924 REPEALED. No. 166. An Act to repeal 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 16th, 1920. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act entitled, An Act to amend an Act entitled An Act to establish 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 16th, 1920 which said amending Act was itself approved August 13th, 1924, and appears in the Acts of the General Assembly of Georgia for 1924, page 371, be, and the same is hereby repealed. Act making Ordinary Ex-officio Clerk repealed. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1925.

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SUMTER TAX COMMISSIONER CREATED. No. 268. An Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Sumter County, Georgia; to provide that said consolidation shall become effective January 1, 1929; to provide the term of office of the officer performing the duties of said consolidated offices, to be known as Tax Commissioner, and the manner of his election; to provide for filling any vacancy in said office; to prescribe the oath and bond to be given by said Tax Commissioner; to abolish the commissions now paid said Tax Receiver and Tax Collector and fix the compensation of said Tax Commissioner; to provide for clerical assistance for said Tax Commissioner, if necessary; to authorize the levy and collection of a tax to pay said Tax Commissioner and his assistants; 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, in accordance with and by authority of an amendment to the Constitution of the State of Georgia approved August 18, 1924, and ratified at the general election of 1924, the offices and duties of the Tax Receiver and the Tax Collector of Sumter County, Georgia, shall, on and after the first day of January, 1929, be and remain consolidated, and the official performing the duties of said two offices shall be known and designated as Sumter County Tax Commissioner. Tax Receiver and Tax Collector; officers consolidated. Sec. 2. Said Tax Commissioner shall hold office for a term of four years, the first term beginning January 1st, 1929, and ending December 31, 1932. Term. Sec. 3. Said Tax Commissioner shall be elected at the general election held in the State of Georgia in the year 1928, and at the general election each four years thereafter,

Page 745

in the same manner, time and place as Clerks of the Superior Court are elected. Election. Sec. 4. Said Tax Commissioner shall be commissioned and qualified as the Clerks of the Superior Courts are. Qualification. Sec. 5. If a vacancy, for any cause, occurs in said office of Tax Commissioner it shall be filled in the following manner: Vacancy (a). If said vacancy occurs within six months of the expiration of the existing term, the Board of Commissioners of Roads and Revenues of Sumter County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of said term, and the person so appointed shall be commissioned and qualified as Clerks of the Superior Court, and shall receive the pro rata part of the compensation accuring to said office for the time so appointed. (b). If said vacancy occurs more than six months prior to the expiration of the existing term the Board of Commissioners of Roads and Revenues of Sumter County shall appoint some qualified person to discharge the duties of said consolidated office until a Tax Commissioner is elected, and it shall be the duty of the Ordinary of Sumter County to call a special election for the election of a Tax Commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs, and the Ordinary shall give notice, of the date of said election by publication thereof in a public gazette published in Sumter County and before the Court House door of said county at least ten (10) days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessor. The return of said election shall be made to the Governor, who shall commission the person so elected. The person

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so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accuring to said office for the time he serves. Sec. 6. Should any two or more candidates at an election to fill said vacancy, or at any regular election, have the highest and an equal number of votes, said Ordinary shall call and advertise another election within twenty days, in the manner above provided, and so do until a choice is made. Tied elections. Sec. 7. Said Tax Commissioner, whether elected or appointed, before entering on the duties of his office, beside the oath required of all civil officers, shall take and subscribe the following oath: Oath of office. I swear that I will truly and faithfully perform the duties of County Tax Commissioner of Sumter County, Georgia, that is to say, all duties heretofore required and prescribed for Tax Receiver and Tax Collector and such other duties as might be required by law; that I will not receive any return but on my oath or affirmation that I will search out and make a true return of all defaulters, polls, professions, and all taxable property not returned; that I will account for and pay over all taxes collected by me, as required by law; and will, to the best of my ability, carry out all of the requirements made upon me by law, so help me God. And said Tax Commissioner shall also, at the same time, give bonds and security as follows: (a) Bond and security, payable to his Excellency, the Governor, and his successors in office, in a sum equal to one-half of the State Tax estimated to be due from Sumter County for the year for which said officer is required to give bond, the amount of said bond to be filled up by the Comptroller General before being sent out to the County from the executive office, and to be conditioned as bonds of Tax Receivers for State taxes are now conditioned. Bonds. State.

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(b). Bond and security, payable to the Board of Commissioners of Roads and Revenues of Sumter County, Georgia, conditioned for the faithful performance of his duties as such Tax Commissioner, in a sum to be fixed by said Board of Commissioners, which said bond must be filed with and approved by said Board of Commissioners, and recorded on the records of said Board. County. The security on both of said bonds shall be a reliable bonding company. If said Tax Commissioner, whether elected or appointed, shall fail or neglect to give and file said bonds, as above required, within ten (10) days from the time of beginning the discharge of the duties of his office, said Board of Commissioners of Roads and Revenues of Sumter County shall declare a vacancy in said office, which vacancy shall be filled in the manner above provided. Sec. 8. Said Tax Commissioner, whether elected or appointed, shall perform each, every and all of the duties now required by law of both the tax receiver and tax collector of Sumter County, Georgia, and in the manner prescribed by law; shall be subject to all the pains and penalties, and have all the rights, powers and privilege of said two offices and officers. Duties Sec. 9. The Commissions now fixed and allowed by law to the Tax Receiver and Tax Collector of Sumter County, Georgia, for the return and collection of county and school taxes, shall on and after January 1st, 1929, be abolished and no longer charged or allowed. Commissions. Sec. 10. That said Tax Commissioner shall receive and be paid, as full compensation for all duties performed by him, as receiver and collector of State, County, School, District, and any and all other taxes, including professional and special licenses, the following sums and amounts, to-wit: Compensation.

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(a). The commission paid by the State of Georgia for the collection of State taxes, special licenses, etc., and to be paid by the State: (b). Such sum, in addition to that provided in the foregoing paragraph, as might be fixed by the Board of Commissioners of Roads and Revenues of Sumter County, Georgia, and which shall be paid by the County of Sumter; provided, however, that the full compensation of said Tax Commissioner, from all sources, shall not exceed the sum of three thousand six hundred ($3,600.00) dollars per annum. Sec. 11. If in the judgment of the Board of Commissioners of Roads and Revenues of Sumter County, said Tax Commissioner should at any time need any clerical assistance said Board shall authorize the Tax Commissioner to employ the same; the salary and term of employment of such assistant or assistants to be fixed by said Board. Assistants. Sec. 12. The Board of Commissioners of Roads and Revenues of Sumter County, Georgia, is further authorized and empowered, for and in behalf of Sumter County, to levy and collect a tax upon all taxable property in Sumter County, Georgia, sufficient to pay said salary of said Tax Commissioner and such clerical assistance as he might have. Tax to maintain office. Sec. 13. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1925.

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TALBOT BOARD OF COMMISSIONERS; ELECTIONS. No. 222. An Act to amend an Act approved July 17, 1904, entitled an Act to amend an Act approved December 8, 1894, entitled an Act to amend an Act to establish a Board of Commissioners for the County of Talbot, approved February 16, 1876, and Acts amendatory thereto, so as to change the time of election of said Commissioners and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act, the Act approved July 17th, 1904, entitled an Act to amend an Act, approved December 8th, 1894, entitled an Act to amend an Act approved February 17th, 1877, entitled an Act to amend an Act to establish a Board of Commissioners for the County of Talbot, approved February 16, 1876, so as to change the time of election and for other purposes, be the same is hereby amended by striking from Section 1, and line 9 thereof the words: first Wednesday in October and inserting in lieu thereof the words: Tuesday after the first Monday in November so that said section when amended shall read as follows: The Board of Commissioners provided for in said Act shall be elected on Tuesday after the first Monday in November next by the qualified voters of said county in the same manner as now prescribed for electing the clerk of the Superior Court, and the managers of said election shall, on the day after said election, meet in the court house in the presence of the ordinary of said county and count said votes, and the candidates having the highest number of votes shall hold office for three years, and the candidate having the next highest vote shall hold office for two years, and the one having the next highest vote shall hold office for one year. And the ordinary of said county shall certify to the Commissioners

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of their election as well as for the length of time for which they are elected. Act of 1904. amended. When held. Sec. 2. Be it enacted that section 2 of said Act be amended by striking therefrom the words: The first Wednesday and inserting in lieu thereof the words: Tuesday after the first Monday in November so that said section when amended shall read as follows: Sec. 2 amended. To be read. Section 2. On Tuesday after the first Monday in November in each year thereafter there shall be an election for one Commissioner whose term of office shall be for three years. Annual elections in November. Sec. 3. The present county Commissioners shall hold office until their present terms expire and their successors shall be elected in accordance with the provisions of the above Act. Successors to present Board. Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1925. TALBOT COMMISSIONERS, COMPENSATION OF. No. 220. An Act to amend an Act approved February 16th, 1876, entitled an Act to establish a Board of County Commissioners for the County of Talbot, and to define the powers and duties thereof, so as to change the compensation of the members of said board, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the adopting of this Act. Section 1. That the Act approved February 16th, 1876, entitled an Act to establish a Board of County Commissioners

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for the County of Talbot, and to define the powers and duties thereof, be amended by striking from Section 1 of said Act and line nine thereof the word two and inserting in lieu thereof the word five and by striking from section 1, line ten the word regular, and by striking from the last clause of said section 1, the following words: Provided their session is not longer than one day, so that said section 1 when amended shall read as follows: Act of 1876 amended. Section 1. Be it enacted, etc., That from and after the passage of this Act, There shall be established a Board of Commissioners for the County of Talbot, to consist of three persons, to be elected by the grand jury of said county, and to receive a certificate from the Clerk of the Superior Court of said county of such election, who shall hold their office for the term of two yearsthe first election to be held at the next term of the Superior Court of said county after the passage of this Act; said Commissioners to be exempt from militia, road and jury duty, and to receive the sum of five dollars per diem for each session, to be paid out of the county funds. Sec. 1 read. $5 per diem during session. Sec. 2. Nothing in this Act shall be construed as in any way changing the manner of electing said Commissioners as provided in the Acts of 1894, page 207, and the Acts amendatory thereto, which said Acts change the manner of electing said Commissioners from that provided for in the Acts of 1876, and Acts of 1877. Acts not otherwise affected. Sec. 3. Be it enacted that all laws and parts of laws in conflict with this Act as to the manner of paying said County Commissioners be and the same are hereby repealed. Approved August 14, 1925.

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TALIAFERRO SHERIFF'S PATROL. No. 143. An Act to make it the duty of the Sheriff of Taliaferro County, Georgia, in addition to all existing duties now prescribed and required by law, to traverse, inspect, and patrol the said county of Taliaferro, and the various parts thereof, whenever the said Sheriff may consider it desirable so to do for the better enforcement of the criminal law of this State, for such number of days as said Sheriff may determine, not to exceed in the aggregate six days per month, for the purpose of detecting, discovering, and exposing any person or persons who may be preparing or about to violate the criminal laws of this State; to provide for compensation for said services, and that such compensation, shall include all expense incurred by said Sheriff in rendering said service, including pay for such deputy or deputies as he may carry with him, if any, and that the gross compensation shall not exceed ten dollars per day; to provide that the payment of such compensation shall be mandatory upon the Board of Commissioners of Roads and Revenues of said county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it is hereby made the duty of the Sheriff of Taliaferro County, Georgia, in addition to all existing duties now prescribed and required by law, to traverse, inspect, and patrol the said County of Taliaferro, and the various parts thereof, whenever the said Sheriff may consider it desirable so to do for the better enforcement of the criminal laws of this State, for such number of days as said Sheriff may so determine, not to exceed in the aggregate six days per month, for the purpose of detecting, discovering, and exposing any person or persons

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who may be preparing or about to violate the criminal laws of this State. Patrol not more than six days a month. Sec. 2. Be it further enacted by the authority aforesaid, That the said Sheriff of Taliaferro County shall render to the Board of Commissioners of Roads and Revenue of said County, on the first Tuesday in each month, a verified statement of the number of days served by said Sheriff in traversing, inspecting, and patroling said County for which service his compensation is hereby fixed at the rate of Ten Dollars ($10.00) for each day of said service so rendered. Said compensation of Ten dollars per day hereby allowed said Sheriff for said service shall cover and include all expenses incurred by said Sheriff, and shall also include the pay or compensation of such deputy or deputies, if any, as said Sheriff may carry with him, in making said trips. Statement and compensation. Sec. 3. Be it further enacted by the authority aforesaid, That when the monthly bill of the said Sheriff for the service hereinbefore provided for shall have been sworn to by him, as to the number of days spent each month in such service, it is hereby made the duty of the said Board of Commissioners of Roads and Revenues of the said County of Taliaferro immediately to pay the said Sheriff the said bill, at the rate of ten dollars per day for each day's service so rendered, out of the County funds. Payment of Sheriff's bill. 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, 1925.

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TATTNALL BOARD OF COMMISSIONERS; AUDITS. No. 411. An Act to amend the Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, as found in the Acts of 1915, page 365, as amended by the Act of 1919, page 744, so as to provide that said Board of Commissioners may have an audit of the books of the officers of the County made at any time, pay for such 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 passage of this Act, the Act of the General Assembly of Georgia, beginning on page 365 of the Acts of 1915, creating a Board of Commissioners of Roads and Revenues for Tattnall County, as amended by the Act of 1919, as shown in the Acts of 1919 on page 744, be and the same is hereby amended by adding a new section which shall read as follows: That said Board of Commissioners shall have the authority to have a complete audit of the books of the officers of said county, or any one or more of them, made at any time that said board of Commissioners may desire to do so, and to pay for such services such sum as said Board of Commissioners may deem just and proper, and it shall be the duty of said Board to have audits made as often as it deems the interests of the County require it. Said Board of Commissioners shall also have the authority to employ a Warden for the management and working of the convicts on the county chaingang, at a salary not to exceed one hundred fifty dollars per month. Act of 1915 amended. Audits. Warden. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act, be and they are hereby repealed. Approved August 26, 1925.

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TATTNALL COUNTY; FISHING PROHIBITED. No. 136. An Act to prohibit the catching of fish, except shad, for the purpose of sale, from the streams of Tattnall County, and prohibiting the sale of fish thus caught, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to catch or take from the streams of Tattnall County, Georgia, privately owned mill ponds or fish ponds excepted, any fish, except shad, for the purpose of sale, or to sell fish, except shad, taken from such streams. Sale of fish, except shad, prohibited. Sec. 2. Be it further enacted by the authority aforesaid, That any violation of this Act shall be deemed a misdemeanor, and upon conviction, punished as prescribed in Section 1065 of the Penal Code. Penalty Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall not become operative in Tattnall County, till the voters of said County shall approve it by a majority vote of those voting, either at a general election, at which the issue is submitted, or at a special election called for the purpose and it shall be the duty of the Ordinary of said County to call a special election for the purpose of submitting this question to the voters of said County, at anytime that he may be requested to do so by the written petition of not less than one hundred registered voters. Election to ratify Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1925.

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TATTNALL POLICE FORCE CREATED. No. 54. An Act to provide for establishment of a County Police Force in Tattnall County, Georgia, to provide for the maintenance of same, define their duties, designate their appointment and control, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be established and maintained in Tattnall County, Georgia, a force of peace officers, known as the county Police Force, the same to consist of not less than two officers, and more than this number, when the Board of Commissioners of Roads and Revenues of said County, deem it necessary for the preserving of order or the suppression of crime. Said officers shall be appointed by, and shall at all times be under control and the direction of the Board of Commissioners of Roads and Revenues of said County, and said Board may remove said officers at its pleasure and appoint others. Appointment of members. Sec. 2. Be it further enacted by the authority aforesaid, That said officers shall be paid a salary of one hundred dollars per month, each, from any funds of said county not otherwise appropriated, and it is hereby made the duty of said Board of Commissioners to provide for, and pay them their salaries, and in addition to this salary, said officers shall be entitled to a fee of $10.00 for every conviction obtained by them for any violation of the liquor laws, in said county, said fee to be taxed in the costs, and provided for by the sentence of the trial court. Salaries. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of said officers to travel over the entire county, in the interest of law enforcement,

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to enforce all laws of the State of Georgia, arrest persons accused of crime, and bring them before some committing officer to be dealt with as the law directs; to swear out warrants themselves if no one else does, when they believe that a crime has been committed, and to do any and all things customary for a policeman or a Sheriff to do, aiding the enforcement of the law, and they are hereby clothed with all rights and privileges accorded any other arresting officer. Duties. Sec. 4. Be it further enacted by the authority aforesaid, That upon the failure of the Board of Commissioners of Roads and Revenues of Said County, to put the provisions of this Act in operation within sixty days from the approval of this Act, that each member of said Board shall be subject to a fine of not less than $100.00 nor more than $200.00, to be collected by rule in the Superior Court at the instance of any citizen or taxpayer of such county, which fine shall be paid over to the County Board of Education, for the use of the schools of said County. Penalty for failure of Commissioners to act. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 27, 1925. TELFAIR BOND COMMISSION CREATED. No. 361. An Act to create a Bond Commission for Telfair County, Georgia provide for its membership and duration, to define its duties, provide compensation for its members, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, that from and after the passage of this Act there is created in and for the County of Telfair a Bond Commission to be composed of three members, and said Bond Commission are hereby made ex-officio Commissioners of Roads and Revenues of Telfair County, with the sole and exclusive power in performing the duties of said Bond Commission as hereinafter provided. Commission of three members. Sec. 2. The first three members of said bond commission are herein appointed, to-wit: O. F. McRae, McRae, Ga., J. M. Cook, Milan, Ga., and W. S. Adams, Scotland, Ga., whose term of office shall be four years and until their successors are named as hereinafter provided, and new members for said bond commission shall be named as hereinafter provided every four years until the purposes of this Act have been satisfied. In case of a vacancy in the commission the remaining members shall appoint a member to fill such vacancy, and such appointee shall hold until the convening of the next grand jury and until a successor is elected and qualified. At the first session of the grand jury of said County of Telfair after a vacancy the grand jury shall elect a commissioner to fill such vacancy, subject to the approval of the Judge of the Superior Court of said County. The last grand jury next before the expiration of the terms of office of said Commissioners shall elect successors to those in office, who shall be approved by the Judge of the Superior Court. The terms of office of said Commissioners shall begin on the date this Act becomes effective. Members named Term. Vacancy. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Bond Commission, and they are empowered so to do, to supervise, direct and control the expenditures of all moneys raised by the issuance and sale of bonds of Telfair County for the construction of bridges, roads and other purposes, and shall have possession, custody and control of all moneys so raised and be accountable therefor. Supervision of expenditures.

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Sec. 4. That in the construction and permanent improvement of bridges and roads the Bond Commission shall make all contracts and expend all funds as in their discretion shall be necessary or proper, and are authorized to employ a competent engineer or engineers and such other labor and assistance as they may deem necessary and fix the compensation of such employees, and which compensation shall be paid from said funds. Contracts. Engineer and other assistants. Sec. 5. That said Bond Commission is authorized and empowered to aid and assist the Commissioners of Roads and Revenues of said County in selling any bonds that may be voted by Telfair County, after they are validated, and the price at which such bonds shall be sold must meet the approval of said Bond Commission before the same shall be sold by the Commissioners of Roads and Revenues. And said Bond Commission is directed and authorized to take over and be responsible for all funds raised from the sale of bonds and to receipt the pruchasers for the same, and to expend such funds for the best interest of the County in constructing bridges, roads and other public buildings or improvements for which such bonds may have been voted; provided, however, that before letting any contract for work, material or supplies the bond commission shall advertise for bids and shall let the contract to the lowest responsible bidder, and they may in their discretion reject any or all bids. Sale of bonds Control of funds. Sec. 6. That each member of said Bond Commission shall receive as full compensation for his services five ($5.00) dollars per day for time of actual service and shall be required to devote so much of his time and attention to carrying out the purposes of this Act as may be necessary. The compensation of such Bond Commissioners shall begin, however, on the date they receive funds from a bond issue and shall continue only so long as they are supervising the work contracted for and expending said funds. Compensation.

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Sec. 7. At the expiration of the term of office for which these Commissioners have been appointed, should the proceeds arising from the sale of bond issue or bond issues have been fully expended in the construction of bridges, roads or other public improvements, the office hereby created shall cease; should they not have fully complete the purposes for which this Commission is created said Bond Commission shall be continued and the successors to the Commissioners herein named shall be chosen as herein provided. Office to cease, when. Successors. Sec. 8. When a bond issue is voted and validated and before the receipt of the proceeds of the sale of such bonds, each member of said Commission shall give a bond in the sum of ten thousand ($10,000) dollars, made payable to the ordinary of said County and his successors in office, conditioned upon the faithful performance of his duties and accounting for all moneys that may come into his hands or control for the use and benefit of said county of Telfair, the surety on said bonds to be a surety company authorized to do business in the State of Georgia, and the premiums of said bonds to be paid out of the Treasury of said County. Bonds of members. Sec. 9. The grand jury of said County of Telfair shall inquire into the receipts and expenditures and the work and contracts made and done under said Bond Commission at each session after bonds have been sold, and said Bond Commission shall submit to such grand jury at each session of the court a full report of their transactions including an itemized statement of all moneys received and disbursed and a history of all contracts and work done. Reports. Sec. 10. Be it further enacted by the authority aforesaid, That this Act shall become effective in said County of Telfair immediately after bonds for any purpose are voted in and for said County of Telfair. Effective when.

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Sec. 11. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1925. THOMAS COMMISSIONERS, COMPENSATION OF. No. 307. An Act to prescribe and fix the compensation of the Board of Commissioners of Roads and Revenues of the County of Thomas, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act the Board of Commissioners of Roads and Revenues of the County of Thomas, in addition to the compensation now allowed by law shall receive for each member thereof for actual attendance upon called meetings, not exceeding two in any one month, the sum of five ($5.00) dollars for each meeting, and in addition thereto, the individual members of said Board shall receive for extra service a per diem of not exceeding five ($5.00) dollars per day, as may be fixed by the Board with actual traveling expenses while engaged in the service of the county. Compensation; regular meetings and extra service. Provided, said service shall have been authorized and directed by action of the Board prior to rendition, which amounts shall be paid upon presentation of itemized accounts showing the service rendered and attendant expense incurred. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 20, 1925.

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TIFT COMMISSIONERS, CLERK OF. No. 234. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Tift, etc., approved August 9, 1917; providing that one of the Commissioners shall act as Clerk of the Board and purchasing agent for the County, and the method of fixing his compensation, and for other purposes. Sec. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the Act approved August 9, 1917, entitled an Act to create a Board of Commissioners of Ro[UNK]ads and Revenues in and for the County of Tift, etc., be and the same is hereby amended by striking from such act paragraph 12 thereof which reads as follows: Act of 1917 amended. Be it further enacted, that said Board shall elect a Clerk for said Board for a term of one year and fix his salary. Said Clerk shall keep the books of said Board in a minute book kept for such purposes, and also all other records and accounts of said Board, and perform such other acts and duties as may be required by said Board, not inconsistent with the provisions of this Act or the laws of this State, said Board may, if it deems advisable require the said Clerk to give a bond with good security in such sum as said Board may deem proper, which said bond shall be payable to the chairman of said Board and his successors in office and shall be duly recorded on the minutes of said Board and substitute the following paragraph, to read as follows: Section 12. Be it further enacted that one member of such Board shall act as Clerk thereof and shall be elected by a majority of the members of the Board. At the first meeting of the Board after the passage of this Act such Board shall proceed to elect one of the members as Clerk

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thereof to hold office until the first Monday in January, 1926, or until his successor is elected; and thereafter at the regular January meeting of such Board one member thereof shall be elected as Clerk for the succeeding twelve months. Said member of the Board when so elected as Clerk shall keep the books of said Board and make a record of all the Acts and doings of said Board in a minute book kept for such purposes, and also all other records and Acts of said board, and perform such other Acts and duties as may be required for said Board not inconsistent with this Act or the laws of this State. Said Board may if it deem advisable, require said clerk to give a bond with good security in such sum as said Board may deem proper, which bond shall be payable to the chairman of said Board and his successor in office, and shall be duly recorded in the books of said Board. The Board shall fix the compensation of the Clerk prior to his election as such and such clerk shall devote his entire time to the duties of his office and shall be sole purchasing agent for the County of Tift, and no contracts for the payment of materials or supplies for any office or department of public works of said County shall be binding against the said County of Tift if made by any other person than the Clerk of the Board of County Commissioners. New Sec 12. Clerk elected from Board. Sec. 2. Be it further enacted by the authority aforesaid, That following the words per annum on the fourth line of Section 19 of said Act the following words be added: except the Clerk of such Board whose compensation is to be fixed by the Board so that when said Act is amended shall read as follows: Sec. [Illegible Text] amended. Be it further enacted that the members of said Board of Commissioners of Roads and Revenues shall each receive. as their compensation, a salary of three hundred ($300.00) dollars per annum, except the clerk of such Board whose compensation is to be fixed by the Board,

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and they shall receive no further compensation of any kind whatsoever. Said salaries shall be paid form the county treasury in monthly installments on warrants drawn on the treasurer or depository, as in the case of other claims against said county. To be read Salaries. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1925. TREUTLEN TAX COMMISSIONER CREATED. An Act to consolidate and abolish the offices of Tax Receiver and Tax Collector of Treutlen County, Georgia, and to create the office of County Tax Commissioner of Treutlen County, Georgia, and to fix the term and compensation of said office. To prescribe the rights, duties and liabilities of the office of County Tax Commissioner of Treutlen County, Georgia, to provide that laws now in force as to Tax Receiver and Tax Collector shall be of full force and effect as to County Tax Commissioner of Treutlen County, Georgia, so far as same are applicable. To provide that the taxes now due and payable, and that all tax fi. fas. heretofore issued shall have full force and effect and be collectable as issued; to provide for the election of County Tax Commissioner of Treutlen County, and to fix the date when this Act shall take effect, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the offices of Tax Receiver and Tax Collector of Treutlen County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated. Tax Receiver and Tax Collector; offices abolished.

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Sec. 2. Be it further enacted by the authority aforesaid, That the office of Tax Commissioner of Treutlen County, Georgia, is hereby created in lieu of said abolished offices, and that all rights, duties and liabilities of the said office of Tax Commissioner of Treutlen County shall be the same as the rights, duties, and liabilities of the Tax Receiver and Tax Collector of said County so far as same are applicable. Office created. Sec. 3. Be it further enacted by the authority aforesaid, That the taxes now due and payable, and all tax fi. fas. heretofore issued by the Tax Collector of Treutlen County, Georgia, shall have full force and effect and be collectible as issued. Taxes now due collectable. Sec. 4. Be it further enacted by the authority aforesaid, That the election for County Tax Commissioner of Treutlen County shall be held at the same time as the general elections for county officers to be held in 1928, and that the person so elected shall enter upon the duties of the office on January 1st, 1928, for a term of the same length as other county officers of said county are elected. Election. Sec. 5. Be it further enacted by the authority aforesaid, That the County Tax Commissioner of Treutlen County, Georgia, shall give a surety bond for the faithful performance of his duties in an amount equal to that now required of the Tax Collector of Treutlen County. Bond. Sec. 6. Be it further enacted by the authority aforesaid, That the salary or compensation of the County Tax Commissioner of Treutlen County, Georgia, shall be a sum equal in amount to the total fees, commission and other compensation to which the Tax Collector of said County is now entitled, under the law, plus a sum equal to one-fourth of all the fees, commissions and other compensation to which the Tax Receiver of said Treutlen County is now entitled under the law. Compensation.

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Sec. 7. Be it further enacted by the authority aforesaid, That this Act shall take effect and be of full force on and after January 1st, 1929. Effective Jan. 1, 1929. Sec. 8. Be it further enacted by the authority, aforesaid, That all laws and parts of law in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 7, 1925. TROUP WATER WORKS TAX. No. 308. An Act to amend an Act, entitled An Act to create a new charter for the City of LaGrange, in the County of Troup, approved December 16, 1901 and all Acts amendatory thereof, so as to provide for the levy of a special tax for the years of 1926, 1927, 1928, 1929, 1930, 1931, 1932, to be known and used as water works tax; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, That the Act refered to in the above caption be and the same is hereby amended as follows: Act of 1901 amended. Sec. 2. Be it enacted by the authority aforesaid, That Section 25 of the 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 so that said section as amended shall read as follows: Section 25. Be it further enacted that for the purpose of raising revenue for the support and maintenance of the city government and all expense and liabilities except schools, the Mayor and Council shall have full power and authority and shall provide by ordinance for the

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assessment and collection of an ad valorem tax on real and personal property within the corporate limits of said city, which is subject to be taxed by the State, said tax not to exceed three-fourth of one per cent, upon the value of said property for ordinary current expenses. In addition to the above tax herein allowed, the Mayor and Council shall have power and authority to levy a tax upon all of said property not to exceed three-fourth of one per cent, upon the value of said property, for educational purposes. In addition to the taxes above authorized the Mayor and Council shall have power and authority to levy upon all of said property for the years 1926, 1927, 1928, 1929, 1930, 1931, and 1932 or so many of said years as may be necessary, a tax not to exceed one-fourth of one per cent upon the value of said property to be known as a water works tax; said tax to be used for the purpose of repairing, remodling, renewing, extending, renovating or changing entirely the present water works system in LaGrange and shall not be used except for the purposes above enumerated which shall include all expenses that may be necessary in changing, extending, remodling or rebuilding the present water works system, either by extending or enlarging the present plant or system, or in building a new plant and system at a different location. All of said taxes shall be levied and collected in the same manner and under the same terms and conditions, as are fixed by law and provided by the ordinance. Sec. 25 read. Water works tax during certain years. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 20, 1925.

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TURNER BOARD OF COMMISSIONERS CREATED. No. 224. An Act to create a Board of Commissioners of Roads and Revenues for the County of Turner, State of Georgia, to provide for the election of the members thereof, to prescribe their powers, duties, compensation, jurisdiction, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a Board of Commissioners of Roads and Revenues for the County of Turner, in said State, is hereby created, to consist of three members, who shall be free holders, qualified voters of said county, and resident of said county for a period of two years. Board of three members created. Sec. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act, the County of Turner shall be divided into three road districts, as follows: The Ashburn Militia District, the Hobby militia District, and the Davis Militia District, shall constitute district number one; the Dakota Militia District, the Amboy Militia District, and the Rebecca Militia District shall constitute District number two; the Clements Militia District, the Sycamore Militia District, and the Covedale Militia District shall constitute District number three; and one Commissioner shall be elected for each road district from the territory embraced in such road district. Road Districts. Sec. 3. Be it further enacted by the authority aforesaid, That the first Commissioners to be elected under this Act shall be elected by the qualified voters of said county, on the third Wednesday in October 1925 at a special election to be held under the same laws controlling elections for members of the General Assembly of Georgia. One member shall be elected from each of the three road districts and no member shall be elected from any road district unless he is a bona fide resident of the same,

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but each member shall be elected by the voters of the entire county, and not by the voters of his district alone. Said Commissioners, elected at such special election, shall qualify and assume their duties as such Commissioners on the First Monday in January, 1926, and shall hold office until the first Monday in January, 1929, or until their successors shall be elected and qualified. Election. Term. Sec. 4. Be it further enacted by the authority aforesaid, That the terms of office of said Commissioners after January, 1929, shall be for four years, beginning with January, 1929, and as these terms expire their successors shall be elected for the full term of four years each at the same time and under the same laws controlling elections for county officers and any member may become his own successor in office, if elected. Terms of successors. Sec. 5. Be it further enacted by the authority aforesaid, That should a vacancy from death, resignation, removal from county or district, or otherwise, occur on said Board of Commissioners, the same shall be filled by appointment of the Judge of the Superior Court of Turner County, until the first day of January after the General election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected and said successor either by appointment or election shall be from the road district from which the vacancy occurs. Vacancies. Sec. 6. Be it further enacted by the authority aforesaid, That each Commissioner before entering upon his duties shall give bonds in the sum of five thousand dollars each, to be signed by a surety company authorized to do business in the State of Georgia, payable to the Ordinary of Turner County, Georgia, and his successors in office, and shall take and subscribe to an oath before the Ordinary of said county to well and faithfully perform his duties as such Commissioner under this Act, and the said bond shall be filed with the Ordinary and recorded upon

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his minutes, and the fee for suretyship on said bonds, as well as the bond of the Clerk hereinafter referred to, shall be paid out of the general funds of Turner County as other expenses of county government are paid. Said bonds shall be for the faithful performance of the duties of the office and may be sued on by the Ordinary on his own motion or by direction of the grand jury, and any Commissioner and his sureties shall be liable for any breach thereof by way of malfeasance in office or for any neglect of duty. Ponds. Sec. 7. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall hold a regular meeting in each month on the first Monday thereof; the first meeting to be held on the first Monday in January, 1926, at ten o'clock a. m. when the Ordinary of said County shall turn over to them their office, all records, books, and official papers therein, together with all county property, with a full inventory of the same and a full and complete statement showing the financial condition of the county. At this meeting and on the 1st Monday in January 1929 or as soon thereafter as practical, the Board of Commissioners shall organize by electing one of the members as a chairman, one as a vice-chairman, and very four years thereafter on the first Monday in January a chairman and a vice-chairman shall be elected, and nothing herein shall prevent the re-election of any chairman or vice-chairman. The vice-chairman shall, in the absence or disqualification of the chairman or during the vacancy in the office of chairman, perform and discharge all of the duties of chairman and in the event of a vacancy in the office of chairman, or vice-chairman, the same shall be filled by the board at its next regular meeting. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions and rules of said board are faithfully filled and impartially executed and enforced and that all the officers, employees, and agents of said board faithfully and impartially

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discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board and shall preside at all meetings of the board. He shall have the power to convene the board in extra session upon his own motion or upon the written request of the other two members of the board and shall do so whenever the other two members make such request. Meetings. Officers. Sec. 8. Be it further enacted by the authority aforesaid, That the salaries to be received by the Commissioners shall be $3.00 per day each, but no Commissioner shall receive pay for more than sixty-six days in any one year, and his pay shall be for actual services rendered. At the regular meetings in each month each Commissioner shall furnish the Clerk a statement of his services for the previous month, and upon approval of the Board he shall be paid therefor from the County treasury in the same manner as other expenses of the county are paid. Salaries. Sec. 9. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall at their first regular meeting on the first Monday in January 1926 and on the 1st Monday in January 1929 or as soon thereafter as practical, and every four years thereafter on the first Monday in January, elect a Clerk who shall be a competent bookkeeper at a salary to be fixed by the Commissioners, and before entering upon his duties as such Clerk, shall give bond to be approved by the Board of Commissioners payable to the Ordinary of said county and his successors in office, in the sum of five thousand dollars, conditioned for the faithful performance of his duties as such clerk and to account for any and all funds, property or effects which may come into his hands as such Clerk, which bond shall be filed with the Ordinary of said county and recorded on his minutes and may be sued on in like manner as the board of said Commissioners. The Board of Commissioners shall

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cause the clerk to keep proper and accurate books of minutes wherein shall appear all acts, orders and proceedings of the board and shall also cause him to keep full and accurate books of accounts wherein shall appear in detail all orders, warrants, and other proceedings drawn by the Board of Commissioners on the county treasury or depository for what purpose and on what fund, and all such orders and warrants shall be so drawn as to specify the purpose and on what fund drawn. Said books and records shall be so kept as to show at all times the financial conditions of the county and shall be open to inspection by any citizen or tax payer of the county of any other person interested in the same. The clerk shall also keep a book of inventory of all county property, including road machinery, live stock, chaingang outfits, road working tools and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year, and the clerk shall keep such other books and records as may be necessary, or as the board may order and shall perform generally all and singular the acts and duties necessary to be performed by him, as such clerk, and such other duties as said Board of Commissioners may require. Said board may discharge said clerk at any time and elect a successor. Clerk. Sec. 10. Be it further enacted by the authority aforesaid, That the clerk of the Board of Commissioners shall be purchasing agent of the board and shall upon orders of the board purchase all equipment, material and supplies of said county, of such kind and quality and in such quantities as he is directed by said Board of Commissioners, and wherever practical purchases of all equipment, material and supplies shall be by competitive bids, which bids shall be kept on file in the office of the Commissioner and subject to inspection by the grand jury, or other interested citizens. Said clerk and the chaingang warden

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shall together on or before the 25th of each month prepare and file with said board a requisition for all supplies, material, equipment, etc., as near as the same can be ascertained, which will be required for the succeeding month, and after said requisition is filed with the board, the clerk of said board shall call upon those having said material for sale to make bids, or to submit bids, for the sale of such material or such portions thereof as such person or firm might sell. All purchases made by the clerk shall be upon written orders and duplicate copies of said orders shall be kept on file in the office of the Commissioners and subject to inspection of the grand jury, and other interested parties, nothing herein shall prevent the purchases being made by the Board of Commissioners, or by committees of said board appointed for such purposes, but written orders thereof shall be given by the clerk. All purchases made shall be charged to Turner county and before bills therefor are submitted to the board for approval, they shall be audited and payment thereof recommended by the clerk, if purchased by him, and if approved by the Board of Commissioners at a regular meeting thereof, said approval shall be endorsed upon said bills by the chairman and a list thereof entered upon the minutes of the board and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the clerk and chairman as all other warrants drawn on the treasury of the county shall be signed before payment thereof is made, except that in the absence of the chairman and while the vice-chairman is acting as chairman said vice-chairman shall be authorized to sign warrants on the county treasury or depository. Purchase of supplies. Audits of bills. Warrants. Sec. 11. Be it further enacted by authority aforesaid, That said Board of Commissioners may at their discretion and when they deem necessary elect a superintendent of roads and bridges to be selected on account of his efficiency and knowledge and skill in practical road

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building. The superintendent may also be convict warden, but aside from his duties as warden, if elected to that position, he shall not engage in any other business, trade or calling during his term of service. This officer shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the county under orders of the Board of Commissioners. He shall receive such salary as may be fixed by the Board of Commissioners and his term of office shall be such as may be fixed by the board, with authority vested in the board, to discharge at any time and elect or employ a successor. The superintendent or warden shall give his receipt in writing to the clerk of the board for all supplies and materials furnished to him by the board, which receipt shall be kept filed in the office of the Board of Commissioners. Superintendent of roads and bridges. Sec. 12. Be it further enacted by authority aforesaid, That the Board of Commissioners shall have the books and accounts of the Tax Collector, Tax Receiver, Treasurer, Sheriff, Superintendent of Schools, and Commissioners of Roads and Revenues audited by a Certified Public Accountant, of this State, immediately after they take charge of the affairs of the county to cover such period as they may think advisable and each year thereafter they must have the books and accounts of said officers examined for the year previous, full reports of such audits, including statements of assets and liabilities, of revenues and expenses and such schedules may be necessary for a clear understanding of the affairs of the county, as of January 1st of each year, shall be made and such audits shall be completed and furnished to the next succeeding term of the grand jury of the county, an intelligent statement of each audit showing the financial condition of the county, its receipts and disbursements shall be published by the Commissioners, in the official organ of the county, if satisfactory prices therefor can be made for such publication, if not then in some

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newspaper having a general circulation in the county, that the citizens and tax payers may fully understand the financial condition of the county. Said board shall publish each month in such newspaper an itemized statement of receipts and disbursements. Audits. Statements. Sec. 13. Be it further enacted by the authority aforesaid, That said Board of Commissioners of Roads and Revenues shall have and they are hereby vested with exclusive jurisdiction and control over the following matters, to-wit: In directing, controlling, and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing public roads, private ways, bridges and ferries, according to law, in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the County tax Commissioner's of the tax collector's and tax receiver's books and in allowing the insolvent list for said county, according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement, of money belonging to the county, or appropriated for its use or benefit and bringing them to settlement, and especially are they charged with frequently examining and auditing and checking the books of the county treasury or county depository; the tax collector, the tax receiver, the sheriff, the superintendent of public schools, or other officers of said county through whose hands county funds may pass and this may be done by the Commissioners themselves through their clerk or auditor, and they may require from all such officers, subject to examination, such reports as may be necessary to keep such Board of Commissioners fully informed at all times of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county,

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according to law; in prompting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemic, according to law; in regulating and fixing license fees as may be provided by law; in providing for the levying and collecting of the commutation road tax, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; in trying all road defaulters, in accordance with law, and generally to have and exercise all powers heretofore vested in the Ordinary of said county when sitting for county purposes and to exercise such other powers as are granted by law, or as may be indespensable to the jurisdiction over county matters, or county finances; in selecting and appointing all minor officials of the county whose election or appointment is not otherwise appointed by law, such as warden, superintendent and guards of convicts and chaingang, janitor of the court house, superintendent of pauper farms, should one be established county physician and health officer, tax assessors, county policemen, and other officers and guards as needed and authorized by law and such board shall have authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the Board of Commissioners may direct, who shall be paid such salary as the Board of Commissioners may fix, monthly out of the regular county funds of the county, with authority of the said Board of Commissioners to fix his term of office or to discharge him at any time; in regulating peddling license, according to law. Said Board shall have entire control and management of convicts of said county sentenced to work upon the roads or works of said county and all convicts of this State assigned to this County by the proper authorities of the State and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said county as

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may now or hereafter be adopted or enforced by law in said county. Powers and duties Sec. 14. Be it further enacted by authority aforesaid, That said Board of Commissioners may receive contributions for the improvement of the public roads of the county from persons who own property along the same or from any other persons, or from the State Government or the United States Government, who may be interested in the improvement of the roads and such contributions when received shall be used for the improvement of the road designated by the contributor and it shall be the duty of the clerk to receive such contributions and to disburse the same as directed by the Commissioners and he shall keep a book of accounts, which shall correctly show all such contributions, from whom received and a correct disbursement of the same, to whom paid, and shall take and file receipts for all such disbursements, and for any misappropriation of any such funds, he and his sureties on his bond shall be liable therefor. Contributions. Sec. 15. Be it further enacted by the authority aforesaid, That it shall be unlawful for any member of said Board or their Clerk to have any financial interest in the sale or purchase of any articles to or from the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county or awarding of any contract for said county, and if any Commissioner or the Clerk shall knowingly and wilfully violate any provision of this section, he shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in section 1065 of Penal Code of Georgia, 1910, and shall forfeit his office or be discharged from employment. Unlawful interests, etc. Penalty. Sec. 16. Be it further enacted by the authority aforesaid, That the chairman and one other member of said board, or in the absence of the chairman, the vice-chairman

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man and one other member of the Board of Commissioners shall constitute a quorum for the transaction of any business of the board and all votes of the board making appropriations, authorizing the expenditure of county funds or fixing the salaries of officers, agents or employees, shall be ayes and nays, duly recorded on the minutes and on any question or matter before the board any member may demand an aye and nay vote, and on such demand the vote shall be taken and recorded on the minutes. Quorum. Sec. 17. Be it further enacted by the authority aforesaid, That the Ordinary of said county shall call an election in said county, to be held on the third Wednesday in October 1925, under the same rules and regulations as elections are held for the election of regular county officers and members of the general assembly, for the purpose of electing the Commissioners of Roads and Revenues of said County under this Act, and when said election shall be held the names of those elected shall be certified by the proper county authorities to the Governor of Georgia and such members shall be commissioned by the Governor of Georgia, upon their qualification as provided in this Act and in all future election the members elected upon this board shall be likewise commissioned by the Governor of Georgia. Election. Be it further enacted by the authority aforesaid, That before this Act shall become a law, the same shall be submitted to the qualified voters of Turner County for ratification or rejection at an election to be called by the Ordinary of said County at a date not more than sixty days nor less than thirty days form the date of such call by the Ordinary; at which election every person in said Turner County shall be permitted to vote who may be qualified to vote for members of the General Assembly of the State of Georgia. Referendum.

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Sec. 17-a. Be it further enacted by the authority aforesaid, That before this Act shall become a law, the same shall be submitted to the qualified, voters of Turner County for ratification or rejection at a special election to be called by the Ordinary of Turner County, Georgia, within twenty days from the approval of this Act; said special election to be called to be held on a date within thirty days from the date of the calling of the same; said special election to be held as elections are held for members of the General Assembly of Georgia; at said special election ballots shall be used having thereon the words For County Commissioners and Against County Commissioners; those voting for the ratification of this Act shall use ballots having thereon the words For County Commissioners; those voting against the ratification of this Act shall use ballots having thereon the words Against County Commissioners; the returns from said election from the various precincts of said Turner County shall be made to the Ordinary of Turner County and the said returns shall be consolidated in the office of the said Ordinary at noon on the day after the election, and the result of said election then and there announced and declared by the Ordinary of Turner County. The Ordinary of Turner County shall prepare and furnish all blanks, tickets and stationery pertaining to and belonging to said election. Election to ratify. Ballots. Sec. 18. Be it further enacted by the authority aforesaid, That all laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 14, 1925.

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TURNER TAX COMMISSIONER CREATED. No. 147. An Act to abolish the offices of Tax Receiver and Tax Collector of Turner County, Georgia; to create the office of County Tax Commissioner of Turner County, Georgia; to provide for a special election to determine when the provisions of this Act shall become effective; to fix the term and compensation of said officer; to provide that the laws of force as to Tax Receiver and Tax Collector when the provisions of this Act become effective shall be of full force and effect as to the County Tax Commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to, or collected by the Tax Receiver and Tax Collector were it not for the provisions of this Act shall be collected by the County Tax Commissioner herein provided for and paid into the treasury of Turner County, Georgia; to provide for the election of said County Tax Commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in Article eleven (11), Section three (3), Paragraph one (1), and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the offices of Tax Receiver and Tax Collector of Turner County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax Receiver and Tax Collector; offices abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the office of County Tax Commissioner of

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Turner County, Georgia is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the said office of County Tax Commissioner of Turner County shall be the same as the rights, duties and liabilities of the Tax Receiver and Tax Collector of said County so far as same are applicable. Office created. Sec. 3. Be it further enacted by the authority aforesaid, That all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. theretofore issued by the Tax Collector of Turner County, Georgia, shall have full force and effect, and be collectible as issued. Taxes now due collectible. Sec. 4. Be it further enacted by the authority aforesaid, That all fees, commissions and all other compensation allowed to the Tax Receiver and Tax Collector of Turner County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said County Tax Commissioner and paid into the treasury of Turner County, Georgia. Fees and commissions. Sec. 5. Be it further enacted by the authority aforesaid, That the compensation of the County Tax Commissioner of Turner County, Georgia, shall be a sum equal to fifty (50) per cent. of the fees, commissions and all other compensation accruing to the Tax Receiver and Tax Collector of Turner County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, and same shall be paid proportionately, monthly as near as the same can be estimated, until the same is changed by law. Compensation. Sec. 6. Be it further enacted by the authority aforesaid, That before entering upon the duties of his office the said County Tax Commissioner shall take the oath now prescribed by law for the Tax Collector and shall

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give bond in double the amount of money reasonably estimated to pass through his hands annually which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bond shall be paid out of the funds of Turner County, Georgia, as part of the expense of county government. Oath of office. Sec. 7. Be it further enacted by the authority aforesaid, That the Ordinary of Turner County, Georgia, shall call and order a special election to be held on the third Wednesday in October, 1925, to be held in the manner that elections for county officers are now held, at which election the qualified voters of Turner County shall vote on the question of whether the provisions of this Act shall become operative and effective on January 1st, 1927, or January 1st, 1929, at which election ballots shall be used having on such ballots these words: For County Tax Commissioner 1927 and Against County Tax Commissioner 1927, and if a majority of the votes cast at said election, the returns of which shall be consolidated at noon on the day after such election in the office of the Ordinary of Turner County and the result of said election then and there declared shall be For County Tax Commissioner 1927 and then and in that event the provisions of this Act shall become operative and effective on January 1st, 1927, and at the General Election in 1926 a County Tax Commissioner shall be elected for a term of two years beginning January 1st, 1927, and at the General Election in 1928, and every four years thereafter a County Tax Commissioner shall be elected for a term of four years, which term of four years with the exception of the term of two years for the years 1927 and 1928 is fixed as the regular term of office of said County Tax Commissioner; if at the Special Election herein provided for a majority of the votes cast at the same shall be Against County Tax Commissioner 1927, then and in that event the provisions of

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this Act shall become operative and effective as of January 1st, 1929, and a County Tax Commissioner shall be elected, as county officers are elected, at the General Election to be held in 1928; said county Tax Commissioner. whether elected in 1926 or 1928, shall hold office until his successor is duly elected and qualified. Vacancies in said office of County Tax Commissioner shall be filled in the same manner that vacancies in other county offices are now filled by election. Election to determine when effective. Ballots. Vacancies. Sec. 8. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the Court of last resort of this State to be unconstitutional the whole of this act shall not thereby become void, but only so much of the same as may be held to be unconstitutional. The purpose of this Act being to put into effect the Constitution of this State as is contained in Article Eleven (11), Section three (3), Paragraph one (1). Portions held unconstitutional not to affect remainder. Sec. 9. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be, and the same are hereby repealed. Approved August 7, 1925. WALKER TAX EXEMPTION ELECTION. No. 3. An Act to authorize the Mayor and Council of any incorporated town or city in Walker County, Georgia, to call an election at such time as they may desire for the purpose of submitting to the qualified voters of said city or town the question of exempting from taxation such 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 are to be prepared and counted,

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the results declared, and to comply with all requirements of the Constitution of this State, as provided in 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 of the same, that the Mayor and Council of any incorporated city or town in Walker County, Georgia, are hereby authorized to call an election at such times hereafter as they may desire for the purpose of submitting to the qualified votes of said city or town the question of whether or not the city taxing authority 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. Sec. 2. Be it enacted by the authority aforesaid, that if the majority of the voters qualified to vote for Mayor and Council of said city or town, shall vote for exemption of taxation of the property above referred to, then the city or town taxing authority shall not tax said property for the period of time provided in the Constitution of this State. If a majority of the qualified voters of said City or Town shall vote against exemption of taxation of property above referred to, then the City taxing authorities shall not exempt such property from taxation. Result. Sec. 3. Be it 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. Manner of holding. 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, 1925.

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WARE COUNTY; FISHING REGULATED. No. 231. An Act prohibiting fishing in any of the streams or lakes located in Ware County, Georgia, from April 15th to June 15th, of each year (during the bedding season for Bream), except any person or persons who has or have the written consent of the land owner, on whose property said streams or lakes may be located, may fish in said streams and lakes on Tuesdays and Saturdays of each week during said season, or within said time; providing for the enforcement of said Act by county game and fish warden; providing fees for said enforcement; providing for the appointment of deputy wardens; providing for the punishment of violators of said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, it shall be unlawful for any person or persons to fish in any of the streams or lakes located in Ware County, Georgia, from April 15th to June 15th of each year (during the bedding season of Bream), except any person or persons who has or have the written consent of the landowner on whose property said streams or lakes may be located may fish in said streams or lakes on Tuesdays and Saturdays of each week during said season or within the said time specified. Closed season; permits. Sec. 2. Be it further enacted by the authority aforesaid, that the game and fish warden for Ware County, Georgia, shall be the person whose duty it is to see that this Act is enforced, and upon conviction for each violation of this Act, in any court of proper jurisdiction of Ware County, Georgia, said game and fish warden shall receive a fee of $15.00. Said game and fish warden shall have the same power and authority to recommend the apappointment

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of deputy wardens under this Act, as he has under the General law, and the said warden or deputy wardens shall have the same power and authority to arrest violators of this law under this Act. Wardens fee. Sec. 3. Be it further enacted by the authority aforesaid, that any person found guilty of violation of this Act, in any of the courts of proper jurisdiction in Ware County, Georgia, shall be fined not less than $25.00 nor more than $75.00, and not sentenced to served less than three months nor more than nine (9) months on the chaingang, either or both in the discretion of the court. Penalty. Sec. 4. Be it further enacted by the authority aforesaid, that said county game and fish warden shall receive his fees, for the prosecution and conviction of violators of this Act, only from the fines derived therefrom, and if there be an over-plus in fines, it shall be paid or placed by the county game and fish warden in the general fund of the county to be used as general county funds, by the proper county authorities. Surplus from fines. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1925. WARE PUBLIC HOSPITAL; APPROPRIATION AUTHORIZED. No. 140. An Act to authorize the County of Ware, through its Commissioner of Roads and Revenues, to make payment from the general revenue and funds of the county the sum of fifteen thousand dollars per year for five years towards the extension, enlargement or building of a public hospital in the City of Waycross, to the end that the poor of the county of Ware in need of medical or

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surgical treatment and care may be better 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 the authority of the same, that the County of Ware through and by its Commissioner of Roads and Revenues be, and it is, hereby authorized and empowered to make payment from the general revenue of the county the sum of fifteen thousand dollars per year for five years towards the extension, enlargement or building of a public hospital in the City of Waycross to the end that the poor of the county of Ware in need of medical or surgical treatment and care may be better provided for. Payment of $15,000 a year for five years. 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, 1925. WARREN BOARD OF COMMISSIONERS, ELECTION TO ABOLISH. No. 161. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Warren County, Georgia; to provide for their election and qualification; prescribe their powers and duties, and to provide for their compensation; to provide for the election of a Chairman and a Clerk of said Board, and to prescribe their powers, duties, and compensation; to provide for the laying off of the County into Commissioners' Districts, and the election of one Commissioner from each of said Districts; to provide when this Act shall go into effect, and for other purposes, and to provide when this Act shall go into effect 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 above recited Act, approved August the 18th, 1923, be and the same is hereby repealed. Act of 1923 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that the present Commissioners of Roads and Revenues of Warren County, Georgia, elected under the above recited Act, are hereby required to turn over all books, papers, and other documents pertaining to the said office of Commissioners of Roads and Revenues for Warren County, Georgia, immediately upon the election and qualification of the Commissioners of Roads and Revenues for Warren County, Georgia. Delivery of records. Sec. 3. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative when an election has been held, which election shall be held by the registered voters of the County of Warren, at the usual places for holding regular elections on the fourth Wednesday in September, 1925, said election to be held in a like manner as regular elections are held in said County. Those desiring to vote for the ratification of this Act shall have printed or written on their ballots the words, For the ratification of an Act abolishing a Board of Five Commissioners of Roads and Revenues for Warren County and those desiring to vote against ratification shall have written or printed on their ballots the following words: Against the ratification of an Act to abolish a Board of Five Commissioners of Roads and Revenues of Warren County, if a majority vote in said election vote for ratification, this Act shall take effect and not otherwise. And if this Act is ratified by a majority of those voting this Act shall go into effect on the first day of November, 1925, at which time the present Commissioners of Roads and Revenues for Warren County, Georgia, shall turn over to the Commissioner of Roads and Revenues for Warren County the

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books, papers, and other documents mentioned in the above and foregoing Section. Election to ratify. Ballots. Sec. 3A. Be it further enacted by the authority aforesaid, that it is hereby made the duty of the ordinary of said county of Warren to appoint the Managers of all elections to be held under this Act and if any manager or managers at any voting place fail or refuse to serve after appointment, then any three freeholders of said county and who are qualified to vote in said election at such voting place are hereby authorized to hold and superintend said elections. The returns of all such elections after the managers of such elections have consolidated same, shall be made to the ordinary of said county who shall declare the result of such election, and it is hereby made the duty of said managers, one from each voting place, to meet in the courthouse in Warren County at noon on the day following the holding of said elections and consolidate such elections and make returns of the result to the ordinary and the ballots and tally sheets of all such elections, after such managers have consolidated said returns, shall be filed with the Clerk of the Superior Court of said County as provided by law in other elections. Managers. Returns. 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, 1925. WARREN COMMISSIONER CREATED. No. 173. An Act to create a Commissioner of Roads and Revenues of Warren County, Georgia, to provide for his election and fix his term of office, to fix his compensation and provide for his expense account, and to fix his bond and to prescribe his duties; to provide for a clerk for

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said commissioner, and to fix his duties and his bond, and his compensation; to provide for the recall of the Commissioner, to prevent the commissioner or clerk from speculating or purchasing in county warrants; to prevent the commissioner from making purchases for the county from any business concern in which he or the clerk is interested and for other purposes. Section 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 created and is hereby created a commissioner of Roads and Revenues for Warren County, Georgia, to be known as the Commissioner of Roads and Revenues of Warren County, Georgia, and who shall go into office on the 1st day of November, 1925, and hold office until December 31st, 1928, and that an election shall be held in Warren County, Georgia, on the fourth Wednesday in September, 1925, of which election the ordinary of Warren County or in his absence, the clerk of the Superior Court of said county, shall give due and timely notice; at which election said Commissioner of Roads and Revenues of Warren County, Georgia, shall be elected to fill the vacancy caused by the repeal of the Act of August 3, 1923, said vacancy extending from October 1st, 1925, to December 31, 1928. Said Commissioner when so elected and qualified shall be the sole commissioner of roads and revenues for Warren County and shall be twenty-five years old or over and a qualified voter. Office created, effective Nov. 1, 1925. Election. Eligibility. Sec. 1(a). This Act shall not go into effect nor shall any person take office under the provisions except that the Act approved August 18th, 1923, be repealed by a majority of those voting at an election to be held on the same day as is provided in this act, however, nothing in this act shall be construed that the election for a sole commissioner of roads and revenues for Warren County cannot be held at the same time as the election for and against the repeal of the act approved August 18th, 1923,

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and should the majority of the voters cast their ballots for the ratification of an Act abolishing a board of five Commissioners of Roads and Revenues for Warren County then the person receiving the highest number of votes in said election shall be declared sole Commissioner of Roads and Revenues of Warren County, for the term set out in this Act. However, should the majority of votes cast be against the ratification of an Act abolishing a board of five Commissioners of Roads and Revenues for Warren County then the five Commissioners now holding office shall continue in office until their respective term expires. Effective if Act of 1923 repealed at referendum. Sec. 2. Be it further enacted by the authority aforesaid, that the successors to the said Commissioner shall be elected at the general state election in November 1928, and a Commissioner of said County shall be elected at such general elections every four years thereafter. Said Commissioner to hold his office for four years, said term of office beginning on the 1st of January after his election. In the event of a vacancy in said office, from whatever cause, the ordinary of said county, or in his absence, the clerk of the Superior Court of said county shall call an election on fifteen days notice to fill said vacancy. Successors; election in 1928. Term. Vacancy. Sec. 3. Be it further enacted by the authority aforesaid, that said Commissioner shall have his office in the court house at Warrenton and shall keep said office open for the transaction of county business on the first Tuesday in each month and on every other Tuesday in each month shall be in his office from 10:00 a. m. until 2:00 p. m., and said Commissioner may also call special meetings of the Board in his discretion. Office in court house; hours. Sec. 4. Be it further enacted by the authority aforesaid, that said commissioner, before he enters upon the duties of the office, shall take and subscribe an oath that he will faithfully discharge all the duties of the office of Commissioner of Roads and Revenues of Warren County

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Georgia, and shall also give bond to the ordinary of said county for the faithful performance of the duties of the office in the sum of $4,000.00 and he is authorized to pay the premium on said bond, which shall be a surety bond, out of the county funds. He is also authorized to hire a clerk who shall be twenty-one years old and not related to him and the commissioner shall be responsible for the acts of said clerk. Oath of office. Bond. Clerk. Sec. 5. Be it further enacted by the authority aforesaid, that the salary of said commissioner shall be $1,600.00, to be paid monthly by warrants on the county treasurer and signed as other warrants and he shall also be allowed the sum of $250.00 as expense account for automobile, gasoline, oil, etc., to be paid similarly and he is authorized to pay a clerk out of the county funds a sum not exceeding $400.00 a year, to be paid monthly by warrants on the county treasurer drawn and signed as other warrants are drawn and signed. Salary. Sec. 6. Be it further enacted by the authority aforesaid, that said commissioner shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all the property of the county as he deems expedient and to the best interest of the county, and in accordance with the laws of this State; in levying taxes in accordance with the laws of this State; in establishing, changing or abolishing roads, bridges and ferries, according to the law; in establishing, abolishing or changing election precincts and militia districts; in supervising the tax collector's and tax receiver's books and in allowing the insolvent list of the County of Warren, in setting all claims, charges and demands against the County of Warren, in examining and auditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Warren County or appropriated for its use or benefit, and bringing all such officers to settlement, in making rules and regulations for the promotion of public health, in electing

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or appointing all minor officers of said county where an election is not otherwise provided for by law or the provisions of this Act, and to have and exercise control and management over the convicts of said county, according to the laws of this State, and to have and exercise all the powers as would be vested in the ordinary of said county when sitting for county purposes in the absence of this Act. And to exercise such other powers as are granted by law or as are indispensable to their jurisdiction over county matters and county finance. He shall have all the powers in addition to the above which are usually vested in a board of commissioners for county purposes. Powers and duties. Sec. 7. Be it further enacted by the authority aforesaid, that the said commissioner shall have authority to use all the convict labor apportioned to said county on the public roads of the county, distributing such labor as equitably and justly as possible, or working all in one gang in his discretion and shall have the right to secure convicts from other counties under the legal provisions of the state or to dispose of the convicts in Warren county in conformity with law as he may deem necessary and expedient. Said commissioner shall have the right to employ free labor for the purpose of working the public roads of the county whenever he shall deem it for the best interest of the county, which free labor shall be under his control. Control of convicts. Sec. 8. Be it further enacted by the authority aforesaid, that said Commissioner of Roads and Revenues for said county shall once a year, preferably in the spring, secure an audiotr or expert bookkeeper to audit the books, accounts and warrants of said commissioner and the books and accounts of the other officers of the county and particularly such officers as have the collection of taxes of said county in charge, both those elected and those appointed by the commissioner. Said auditor or expert bookkeeper shall have the power to examine upon oath,

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said commissioner relative to any account, item, warrant or transaction in connection with said commissioner's office; said auditor or bookeeper shall audit all books, accounts, vouchers, warrants and other records of said commissioner up to the 1st of April of the year following his appointment and shall make the report to the grand jury of said county at the April term of the Superior Court for said county and said commissioner shall have the right to pay for said audit out of the county funds. Audits. Sec. 9. Be it further enacted by the authority aforesaid, that said commissioner 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 his duties as commissioner. Should he violate this obligation it shall be gound for his recall by the grand jury. Commissioner not to engage in other business. Sec. 10. Be it further enacted by the authority aforesaid, that said commissioner shall each year levy a commutation road tax upon all persons subject to work on the public roads in the county not exceeding $3.00 and said road tax may be collected either in the spring or in the fall in the discretion of the commissioner and said commissioner is authorized to accept in payment of said road tax corn or other commodity which he may need for the chaingang or road purposes at their market value but all such commodity so accepted shall be noted by said commissioner on his minutes or other book for that purpose. Road tax. Sec. 11. Be it further enacted by the authority aforesaid, that said commissioner shall work each public road in the county at least once a year, and oftener if possible, and should he fail or refuse to work any public road in the county at least once in each calendar year any citizen may mandamus him before the Superior Court of the county and compel him to do so. Roads, when worked.

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Sec. 12. Be it further enacted that any person who refuses or fails to pay the commutation tax, when demanded by any officer appointed by said commissioner to make such demand, or who shall without good excuse fail or refuse to appear at the time and place appointed to work when summoned or notified by the officer appointed by the commissioner to give such summons or notice, or who shall fail or refuse to do faithful work when he has appeared, shall be fined not less than one dollar for each day he fails to work, or to be imprisoned in the common jail of the county in the discretion of said commissioner, or to be sentenced to work on the chaingang not exceeding sixty days. A fine imposed by the commissioner may be in the alternative of either of the punishments allowed by this Act. Failure to pay tax. Sec. 13. Be it further enacted that said commissioner be and he is hereby empowered to try all defaulters, impose and enforce sentences as provided in the proceeding section, and said commissioner may hold his court for the trial of said defaulters at any time and place in said county that may be fixed by him, provided that five days notice of the time and place of trial be given to said defaulter. Court to try defaulters. Sec. 14. Be it further enacted that defaulters shall be summoned for trial arrested by such officer as said commissioner may appoint, or by the sheriff or his deputy, or any lawful constable in said county. Summons. Sec. 15. Be it further enacted by the authority aforesaid, that it shall be the duty of the grand jury at each term of the Superior Court to inquire into the official acts of said commissioner, and if any Grand Jury of Warren County shall find, by a two-thirds vote that the commissioner has violated any of the terms of this Act, or that he has been wasteful and inefficient, or has wrongfully or fraudulently conducted the affairs of his office, or is otherwise not qualified to manage the affairs of his

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office, the grand jury so finding shall declare said office vacant, and the clerk of the Superior Court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. However, before a vacancy shall be declared under the provisions of this section, the grand jury shall grant a hearing to said commissioner, and shall consider any showing made by him. A deposed commissioner shall not have the right to succeed himself. Supervision by Grand Jury. Removal. Vacancy. Sec. 16. Be it further enacted by the authority aforesaid, that it shall be illegal for the commissioner of roads and revenues of Warren County, or the clerk for said commissioner, to purchase warrants drawn on the treasurer and it shall also be illegal for them or either of them, to speculate in any way in such warrants. It shall also be illegal for the county commissioner to purchase supplies or other material for county purposes either from himself or from the clerk, or from any business concern in which either he or the clerk is in any way interested financially, and a violation of this seciton shall be ground for recall. Illegal [Illegible Text] and purchases. Sec. 17. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said commissioner, provided for in this Act, to attend all meetings of said commissioner on each first Tuesday and at such other times as the commissioner may require and to keep a minute of the proceedings in a book kept for that purpose. He shall draw all warrants against the county treasurer but each warrant before paid must be countersigned by the commissioner and no warrant shall be drawn except by the authority of said commissioner, though his countersignature of a warrant shall be conclusive evidence of his authority. All warrants drawn against the treasurer shall specify the fund against which they are drawn and the clerk of said commissioner shall keep a book, which may be the stub of such warrant, which shall show the amount of the warrant drawn and

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to whom payable, and on what fund drawn and for what consideration. Clerk. Warrants Sec. 18. Be it further enacted by the authority aforesaid, that if any provisions of this Act should be declared illegal or unconstitutional, this shall not affect other provisions of this act. Provisions held illegal not to affect remainder. Sec. 19. Be it further enacted by the authority aforesaid, that this Act shall go into effect November the 1st, 1925, on which date the commissioner, elected at the election herein called, shall take office, on which said date the present commissioners of Warren County, Georgia, shall deliver over to the commissioner elected under this Act all the books, records, minutes, and papers belonging to said commissioner's office, or in any way connected therewith. and also all the county property, and chaingang and road implements, and all and everything belonging to the county of Warren, or in any way connected therewith which may have come into their possession by virtue of their office as commissioners. Effective Nov 1 1925. Sec. 20. 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 7, 1925. WHEELER TAX COMMISSIONER CREATED. No. 157. An Act to abolish the office of Tax Collector and the office of Tax Receiver in the County of Wheeler and to create in their stead a Tax Commissioner in and for said Wheeler County, the same authorized in the Acts of 1924, to define the duties and powers of the said Tax Commissioner, to prescribe his duties and powers and his pay, or compensation, to authorize the County Commissioners

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to supplement his compensation, provided the same becomes necessary 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 from and after the passage of this Act the office of Tax Collector and the office of Tax Receiver in the County of Wheeler and the State of Georgia, be and the same are hereby abolished and the office of Tax Commissioner is hereby created in lieu thereof as authorized under the Acts of the General Assembly of Georgia, 1924, beginning on page 815 and ending on page 817 of said Acts. It being herein specifically designated and declared that the said abolishment and consolidation shall not in any way effect the present officers in said Wheeler County of Tax Collector and Tax Receiver in said Wheeler County during the tenure of their respective offices, they being hereby authorized to remain in said offices during the times for which they were specifically elected under the law in such cases made and provided. Tax Receiver and Tax Collector; offices abolished. Office created. Present incumbents to remain in office for legal term. Sec. 2. Be it further enacted by the authority aforesaid that the said offices in the said county are hereby abolished under the said powers and the office of Tax Commissioner of said county is hereby created under all the powers of the said two offices fully and completely combined, said Tax Commissioner shall do and perform all the duties now imposed upon the said two offices and shall be amenable to all the laws and penalties of the to said offices and required to do and perform all the duties of the said two offices when commissioned as said Tax Commissioner after being duly elected under the existing laws then in force in the said county as to the election of Tax Collector and Tax Receiver, but he shall receive only one half the pay as now received and collected and as would be authorized to be collected at the time according to the work done by said officials. The pay for the said Tax Commissioner shall be just one half of the combined pay of the two said officials, provided however,

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the County Commissioners in and for said county may authorize and may pay to said Tax Commissioner as much as two thirds of the amount the said two officers would be entitled to as fees and commissions, provided in the opinion of the said County Commissioners, the same is authorized and the necessities of the office demand the same and the work done authorizes the same upon all the facts being submitted and shown under oath to the said County Commissioners or County Authorities who may be in power of the County's Business at the times or time of the said occurrence. The purpose of this said Act is to abolish the said two offices and create in their stead the office of Tax Commissioner and to limit his commissions to one half of the fees entitled by both of said officers were they in office, to permit the said County authorities, whoever they may be, to add to said commissions the amount necessary to make it two thirds of the commissions the said two officers would receive were they in office. Office created. Duties and liabilities. Compensation. Sec. 3. Be it further enacted by the authority aforesaid, that the said Tax Commissioner is hereby authorized and directed to personally inspect all of the property in the said County of Wheeler and administer the oath to each tax payer, or have it administered by some judicial officer as to the amount of property he or she has subject to taxation and this shall include all monies in the banks of the state, all notes and accounts and their valuations, same being forced to be returned, or their value in the Courts of the country are to become worthless and non-collectible, this to include all the property, visible, or invisible, belonging to each Tax Payer in the said County of Wheeler. The said Tax Commissioner is hereby required to not only make a personal inspection of each lot of land in the said County of Wheeler, but of every farm, bank, house, dwelling and other property of every kind and nature in the same county of Wheeler and to make a personal examination of the same, including all

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personal property of every kind and nature and require the said Tax Payer making the said return to make a just and true return of the same according to valuations in the said county at the time of the said return, thereby putting every woman, man, and child upon equal footing and thereby forcing the return of all the property in the said Wheeler County returned for taxation and let all the people of the said county be equally liable for taxation of their respective properties. The said Tax Commissioner shall be elected by the people of the said Wheeler County for the same time in force for the Tax Collector and Tax Receiver in said county and shall be commissioned for the full term then in force in the said county, the said term of the said Tax-Commissioner to begin on January the first when the next County Officers duly elected in the said county shall begin their terms of office and shall remain in office for the full term for which he was elected and for the time then in force in the said county of Wheeler. The said Tax Commissioner shall keep a true and correct map of all the land in the said Wheeler County and shall personally see that every acre of land in said Wheeler County is returned for taxation as well as every bit of property of every kind and nature is returned for taxation. In the event he shall fail to do this he forfeits his Commission as the said Tax Commissioner and the Governor of the State of Georgia is hereby authorized to see that his Commission is duly cancelled and his office declared vacant upon the proof and recommendation submitted to him by the County Authorities of the said Wheeler County. The same oath and the same bonds now required and then required under the laws and conditions then in force and as directed by the State Authorities shall be the bond required of the Tax Commissioner and he shall take and subscribe the same oath with the office of Tax Commissioner as now taken by the Tax Collector and Tax Receiver of the said Wheeler County. Duties.

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Sec. 4. Be it further enacted and it is hereby enacted by authority aforesaid, that all the duties now required of the Tax Collector and of the Tax Receiver in and for the said County of Wheeler shall be and they are hereby declared to be the duties of the said Tax Commissioner with all the further duties imposed under the terms of this Act. He is likewise subject to all the penalties of the said two officers. Same subject. Sec. 5. Be it further enacted that all monies collected by the said Tax Commissioner shall be immediately placed in the State Depository in said Wheeler County, Georgia, as designated by the Governor of Georgia, under the laws in such cases made and provided and the said State Depository shall receipt the said Tax Commissioner for the said monies and he shall settle with the said County Commissioners in and for the said county and the county authorities then in power in said county of Wheeler and no money, or monies shall be paid out of the said designated County and State depository, except upon the said County warrant drawn and issued by the said County Commissioners and only drawn on the funds as authorized by the law in such cases. The said County Commissioners shall not pay out any money or monies of any kind and nature, save upon their County Warrant duly and legally drawn on the State Depository. The Farmers Bank of Alamo, Branch of the Farmers Bank of Glenwood, Ga., is hereby designated as the bank for the said Depository till further changes by the laws in such cases made and provided. The said Farmers Bank of Alamo shall only be the Depository of the said County and State money or monies and shall receive no compensation for the services so rendered, but may use the said county money as it seems wise and prudent, provided the said bank enters into a good and solvent surety bond with some accredited Surety Company for the use of the said county money to indemnify the said county of Wheeler against any loss on account of the same. The books of the

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said bank as to the said county money shall ever be open for the inspection of the grand jury and any county officials, in and for the said County of Wheeler. The said money of the said County so kept in the said bank shall be so kept as to give a double check on the same so that every one can see where the county money went, to whom it was paid, for what paid, by whom paid in, when paid in, when paid out, and upon what authority paid out. The said Tax Commissioner is hereby authorized and required to take a receipt for all monies paid into the said bank and keep a true and correct book of all special and general taxes collected by him, when collected, out of whom collected, and must show to whom the same was paid out, but he can only pay the said county money over to the said designated bank, or to any other designated bank by the Powers That Be in said County and then only under the law in such cases. No bank shall receive any of the said county money without giving the said bond to indemnify the said county of Wheeler against any loss. The said bond may be a personal bond, provided the same is approved by the County Commissioners or other county authorities in said county then in the place of the said County Commissioners. Reciepts and orders. Books of depository. Bond. Sec. 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925.

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WHEELER TREASURER'S OFFICE ABOLISHED; DEPOSITORY CREATED. No. 176. An Act to abolish the office of County Treasurer of the County of Wheeler, in the State of Georgia; to provide for the selection of a County Depository for the funds of said county; to define the powers, duties and liabilities of such depository, and 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 the 31st day of December, 1928, the office of County Treasurer of the County of Wheeler, 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 Board of Commissioners of Roads and Revenues, usually called the County Commissioners, or other officers having charge of the county affairs of said county, shall, not later than the 1st of January, 1929, and every four years thereafter, designate some solvent chartered bank in said county as a depository in said county of the county funds in said county, which are now required to be paid over by law to the county treasurer of said county, and such County Depository shall be selected for a term of four years, beginning on the first of January, 1929, and every four years thereafter, and such depository shall be designated and selected by said Board of Commissioners under such rules and regulations as may be fixed by them, not inconsistent with the terms of this Act, or with existing laws, and such Board of Commissioners shall prescribe such rules and regulations governing such selection as they may deem best, and such depository shall file within ten days after its selection a good and sufficient bond with the clerk of said Commissioners, in a sum to be fixed by the said Commissioners, with some good and solvent surety company, or with at least two good and solvent sureties in lieu thereof, to

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be approved by said Commissioners, before it shall be authorized to receive any of the funds of said county. Office abolished. Designation of Bank as depository. Term. Bond. Sec. 3. Be it further enacted by the authority aforesaid, that on January the 1st, 1929, the County Treasurer of said county shall pay over to the said County Depository all funds in his hands belonging to said County, and turn over to said Depository all papers, records and documents now belonging to said County Treasurer, and after January 1st, 1929, all parties heretofore required by law to pay over to the County Treasurer funds of said county, including Tax Collector, or Tax Commissioner of said county, shall pay over such funds to the depository so selected by said County Commissioners, and payment to said Depository shall be as legal payment as heretofore made to county treasurers. The Farmers Bank of Alamo, branch of the Farmers Bank of Glenwood, Georgia, is hereby designated as the County Depository of said Wheeler County till such other authorities of the State, may change the same. Upon the abolishment of the said office of County Treasurer in said county the said Farmers Bank of Alamo shall thereby become the County Depository with all the powers and duties herein conferred. Transfer of funds and papers. Farmers Bank of Alamo designated. Sec. 4. Be it further enacted by the authority aforesaid, that all orders or warrants for payment of county funds, heretofore addressed to or drawn on the County Treasurer after the said Act goes into effect, shall be drawn on the said County Depository and paid out by the said County Depository only upon warrants drawn on the said Depository by the Board of Commissioners of Roads and Revenues in and for said county. All laws applicable to County Treasurers shall become applicable to the said County Depository, and all the duties of the County Treasurers, and all of the laws now in force in the said state, specifying the duties of County Treasurers, shall be applicable and binding upon such County Depository, including the duty to collect from officers and other county

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duties, to keep well bound books showing complete statements of all receipts and disbursements of county funds, keeping the various funds separate as required by law, to make reports to the grand jury and to the County Commissioners, to publish a copy of its annual report, and such County Depository shall in no event discount any county order on it for money, nor shall it permit any of its officials so to do in their official capacity, and the County Commissioners shall have the same power to require a final statement with such Depository as they heretofore had with the County Treasurer. Orders and warrants. Sec. 5. Be it further enacted by the authority aforesaid, that should the bond of such County Depository become of a doubtful protection on account of financial weakening of either of the securities or otherwise, the County Commissioners shall have the power to require such Depository to strengthen said bond on ten days notice, and on failure of such Depository to comply with the requirement, to declare their election and designation of such Depository vacated and annulled, and to proceed to select another Depository. Protection of bond. Sec. 6. Be it further enacted by the authority aforesaid, that the County Commissioners shall have power to select a County Depository at any time a vacancy may occur, such selection to be made only for the unexpired term. Vacancy. Sec. 7. That all such Depositories shall be liable both civilly and criminally, as County Treasurers are now under existing laws for any nonfeasance and malfeasance of duty, and the County Commissioners shall have power to proceed against it, in case of nonfeasance and malfeasance in office. Liability. Sec. 8. Such Depository shall, on the expiration of its term, or its resignation or removal, make a full and fair statement of all its property of the county, to its successor, and such successor shall report the same at once

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to the County Commissioners, and when such Depository has complied with these terms and provisions, an exoneration of itself and sureties, together with the details of the settlement, must be entered on the minutes of the County Commissioners and be final, except for fraud. The books and accounts of such Depository covering said county funds shall be subject to inspection at all times by the County Commissioners and the Grand Jury of said county, or any one acting under their direction. Statement. Sec. 9. Be it further enacted by the authority aforesaid, that the bond of such depository, when duly executed and approved, shall be filed in the office of the Ordinary of said county, and duly recorded in said office, and all the property of said depository, including realty and personalty, as well as the property of each security thereon, shall be bound from the time of the execution and approval of said bond, for any and all liability arising from a breach of said bond, and the County of Wheeler shall have a prior lien on all of said property of said Depository and of its sureties for any such amounts superior to all other liens. Bond, how filed. Sec. 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act and the foregoing stipulations and conditions be and the same are hereby repealed. Approved August 7, 1925. WILCOX BOARD OF COMMISSIONERS ABOLISHED. No. 239. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues in the County of Wilcox; to define their powers and duties thereof, their manner of election; to prescribe the manner in which the public

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roads of said county shall be graded and worked; to provide for compensation, and for other purposes; said Act approved August 15, 1922, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Act entitled an Act to creat a Board of Commissioners of Roads and Revenues in the County of Wilcox; to define their powers and duties thereof, their manner of election; to prescribe the manner in which the public roads of said county shall be graded and worked; to provide for compensation, and for other purposes, said Act approved August 15, 1922, be and the same is hereby repealed. Act of 1922 repealed. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 17, 1925. WILCOX BOARD OF COMMISSIONERS CREATED. No. 238. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members; to define their qualifications, powers and duties and to provide for their compensation; to prescribe their terms of office, the manner of their election and the manner in which vacancies shall be filled; to prescribe the manner in which the public roads in said county shall be graded and worked; to provide how county funds for road purposes shall be distributed among the said Militia districts; to provide for a superintendent of road and bridges of said county; to define his qualifications, powers and duties and provide for his compensation; to provide for competitive

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bids in the purchase of supplies for said county, in making contracts for work, and to provide a penalty for failure to comply therewith; to provide for a clerk for said Board, prescribe his powers and duties and provide for his compensation; to provide when this Act shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues in and for the County of Wilcox be and the same is hereby created, consisting of five members who shall be freeholders and qualified voters and that each commissioner shall be elected by the qualified voters of the entire County of Wilcox. Board of five members. Sec. 2. Be it further enacted, that within ninety (90) days after the passage of this Act the Ordinary of said county shall call a special election in the same manner as in the case to fill vacancies in other county offices, for the purpose of electing successors to the present Board of Commissioners of Roads and Revenues in said County, and at said special election no member shall be elected unless he is a bone fide resident of same and has been a resident of said County for at least two years immediately preceding the election, and each member shall be elected by the qualified voters of the entire county. The terms of office of the present Commissioners shall not expire until December 31, 1925. That the term of office of the five Commissioners elected at said special election shall not be of even length and the term of two members of said Commission shall expire on December 31, 1926, and the term of three members of said commission shall expire Dec. 31, 1928, and said members shall draw for the long and short terms. The successors of the two commissioners whose terms expire Dec. 31, 1926, shall be elected at the general election for State House officers in November 1926, and the successors of the three members whose terms expire December 31, 1928, shall be elected at the general election

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to be held in November 1928. The term of the said Commissioners elected at said special election shall begin on January 1st, 1926, and they shall be commissioned for the terms drawn by them respectively and shall hold office until their successors are elected and qualified, as aforesaid, and who shall be elected and commissioned for a term of four years and until his successors is elected and qualified, and the expenses of said special election shall be paid out of the general funds of the County. Election. Sec. 3. Be it further enacted, that all vacancies in membership of said Board of Commissioners occurring in less than six months of the expiration of such term of office shall be filled by appointment of a duly qualified person by the ordinary of said county, and such appointee shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified; that all vacancies occurring in the membership of such board more than six months before the expiration of the term of office shall be filled by a special election called by the ordinary of said county in the same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified. Vacancies Sec. 4. Be it further enacted, that the returns of all the elections, both general and special, held under this Act, shall be made to the ordinary of said county of Wilcox at noon on the day following the election at the court house of said county. Said ordinary shall thereupon consolidate the returns of said election and declare the person receiving the highest number of votes duly elected a member of said Board of Commissioners of Roads and Revenues in and for the County of Wilcox, for each of said road districts, respectively, and shall certify the result of said election to the Governor of this State, giving the name of the person or persons so elected and stating

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the term for which each of said commissioners has been elected. Returns. Sec. 5. Be it further enacted, that said Commissioners shall be each commissioned by the Governor for the term of office for which he shall be elected or appointed, as the case may be, and each shall before entering upon the duties of his office take and subscribe, in addition to the oath provided by law for all civil officers of this State, the following oath, to-wit: I do soleinnly swear that I will well and truly discharge the duties of Commissioner of Roads and Revenues of Wilcox County, and in all matters which require my official action, to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interests of the entire county, so help me God. Oath of office. Sec. 6. Be it further enacted, that the Board of Commissioners of Roads and Revenues of Wilcox County hereby created shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, the working of convicts, county finances, the levying and collection of taxes for county purposes, the management, control over and disbursing of county funds, the erection and maintenance of public buildings, the supervision over and control of and exclusive jurisdiction over and in all matters wherein jurisdiction is now vested in the ordinaries of this State in counties where there exists no Board of Roads and Revenues. That said Board of Commissioners shall be vested with all the rights, powers and authority formerly vested in the inferior courts of this State when sitting for county purposes prior to the Constitution of 1868 and shall constitute a court for the trial of road defaulters and of any and all matters pertaining to county matters formerly vested in the inferior courts of this State, or now vested in the Ordinaries of this State in counties where there exists no Board of Roads and Revenues, when sitting for county purposes as aforesaid, and shall have the right

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and power to summon parties or witnesses before them and shall have the power to punish for contempt by fine or imprisonment in the same manner as the Courts of Ordinary of this State; that the sheriff of said county, or his deputy, may be required to attend upon the meetings of said board, and shall serve all writs, subpoenas, or other process of said court, and said sheriff shall receive for such service the same compensation as is required by law for like services in the Superior Court. Provided, that said Board of Commissioners shall prorate the county road funds among the several militia districts of said county according to the public road mileage. Powers and duties. Sec. 7. Be it further enacted, that said Board of Commissioners shall hold their regular sessions on the first Monday of each month in the court house of said county, and may adjourn from day to day until their business is finished; and extra sessions may be held at any time on the call of the chairman or any two members of the Board when in the judgment of the Board the interests of the county demand it; and at the first meeting in January following the general election at which a new member or members shall have been elected, said Board shall organize by electing one of their number chairman. Said Board may make such rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees not inconsistent with this Act or the laws of this State. Said Board shall keep correct minutes of its official acts and doings in a minute book kept for such purpose, a book of receipts and disbursements, a general ledger and a warrant book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other disposition of the same, also a road register in which shall be kept a record of all the public roads of said county, particularly describing said roads, and shall make a

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record of all new roads which shall be hereafter granted in accordance with the law. Said Board shall also keep on file all paid warrants and vouchers and other papers necessary to show a complete record of all the transactions of said county. Meetings Records Sec. 8. Be it further enacted, that except in cases of emergency, where the expenditure does not exceed the sum of fifty dollars, no purchase of supplies or material nor contracts for work for said county shall be made by said Board until after due advertisements for bids therefor at either public outcry or by sealed bids, by keeping such advertisements on file at least one week on regular files provided therefor for the inspection of the public in the office of said Board and also in the office of the ordinary of said county and by such other advertisement as said Board may deem advisable in any particular case. All sealed bids shall be addressed to the clerk of said Board and shall be kept by said clerk in the office of said Board until the time specified in said advertisements when they shall be opened in open court and the contract shall be let to the lowest bidder, quality and material being considered. In all public advertisements for lowest bids for supplies, or contract work, said Commissioners shall reserve the right to reject any and all bids made when it should appear that the best interests of the county require such rejection. Purchase of supplies; advertisement. Sec. 9. Be it further enacted, that no members of said Board of Commissioners or any one employed or elected by them, shall receive directly or indirectly, any commission, gift or any other thing of value in connection with the sale or purchase of any article sold to or bought from the County of Wilcox, or receive any rebate, expense account, transportation or other valuable consideration in connection with such purchase or sale, or in the awarding of any contract for said county, or in the employment of any one whose salary is to be paid from the funds of said County; and no member of said

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Board or any one elected or employed by them, or any firm of which he may be a member, or any corporation in which he may own stock or by which he may be related in the third degree of consanguinity or affinity, shall sell anything to said county, either directly or indirectly, unless such supplies or material to be furnished shall be let at public outcry or by sealed bids to the lowest bidder, after due advertisement as hereinbefore provided. Any violation of any of the above provisions of this Act shall be punished as for a misdemeanor under the Penal Code of the State of Georgia, and a person so convicted shall be dismissed from office. Penalty. illegal contracts etc. Sec. 10. Be it further enacted that said Board shall elect a clerk for said Board, for a term of one year, subject to removal for cause, at the pleasure of said Board, and fix his salary. Said clerk shall keep the books of said Board, and make a record of all the acts and doings of said Board in a minute book kept for such purpose, and also all other records and accounts of said Board. Said clerk shall audit the books of the Tax Collector and Treasurer of said county quarterly and make a written report of same to said Board. Said Board may, if it deems advisable, employ said clerk to act as County Manager in addition to his duties as clerk and prescribe his duties as manager and require monthly reports to be submitted in writing to said Board and perform such other acts and duties as may be required by said Board. not inconsistent with the provisions of this Act or the laws of this State. Said Board may if it deems advisable, require said clerk to give a bond in a good and solvent fidelity and bonding company in such sum as said Board may deem proper, which said bond shall be payable to the Chairman of siad Board and his successors in office, and shall be duly recorded on the minutes of said Board. Clerk. Sec. 11. Be it further enacted, that said Board of Commissioners shall at their first meeting, or as soon thereafter

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

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board present make general plans, specifications and requirements prescribing the manner and style in which all the public roads of the county shall be constructed, which shall be uniform for all the roads of the county, and such plans, specifications and requirements shall not be modified or changed in any particular, except on the action ofthe whole board in like manner as the same were adopted. Said board shall furnish the superintendent of roads and bridges with a copy of such plans, specifications and requirements thus adopted by them. Plans for construction. Sec. 13. Be it further enacted, that all warrants drawn on said county shall be signed by the chairman of said Board of Commissioners and countersigned by one of the other commissioners before being paid by the treasurer or depository of said county, and all said warrants shall be duly numbered and shall show for what purpose and on what fund drawn. The said commissioners shall give a bond in the sum of $1,000.00 each, except the chairman of said board who shall give a bond in the sum of $5,000.00, in a good and solvent fidelity and guaranty company, payable to the ordinary of said county and his successors in office, conditioned for the faithful discharge of the duties of his office, which shall be duly filed and recorded in the office of said ordinary as the bonds of other county officers. The premium on said bond shall be paid out of the general funds of said county. Warrants. Sec. 14. Be it further enacted, that the Board of Commissioners shall have the right and authority to employ a county attorney when necessary his compensation to be fixed by the board and paid from county treasury. Attorney. Sec. 15. Be it further enacted, that members of said Board of Commissioners of Roads and Revenues shall each receive as their compensation, a salary of $5.00 per day for attending meetings of board, but not to exceed $200.00 per annum, for anyone commissioner except the chairman of said board who shall receive $5.00 per day

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but whose salary shall not exceed the sum of $600.00 per annum, and the said chairman shall have general supervision over road construction, institutions and properties by first obtaining the approval of said Board of Commissioners for that purpose. Said chairman shall be elected on the first Monday in each year, beginning with the first Monday in January 1926. The members of said board of commissioners 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. Compensation. Sec. 16. Be it further enacted, that said board shall publish quarterly reports within fifteen days from the expiration of each quarter taking the calendar year as a basis, once in the official organ of said county and also in any other county paper if said board deems advisable, containing a full and complete statement of the finances of said county during the preceding quarter, and showing all receipts and from what source derived, and all disbursements and for what purposes paid out, and such reports shall not be mere ledger balances, but shall be made in such manner and form as to plainly show the revenues of the county as well as the cost of the county government in every branch. Reports quarterly. Sec. 17. Be it further enacted, that said board shall make a full and complete written statement of the financial condition of county to the grand jury of the county at each term of the Superior Court of said county, a copy of which report shall be kept on file in the office of said board. Their office shall be subject to an examination by the grand jury, their committee, or any person whom they may specially empower to report to the same or a succeeding grand jury, who shall submit in writing the condition of such office and the books and files thereof, and specify any neglect of duty or anything done wrongly or corruptly by such board or any member thereof. Statement.

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Sec. 18. Be it further enacted, that a majority of members of said board shall constitute a quorum for the transaction of all business and that a majority of the board must concur in order to pass an order, or to let any contract or to grant or allow any claim against the county; and their acts on all such matters shall be duly entered on the minutes of said board. Quorum. Sec. 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 17, 1925. WILKES TAX EXEMPTION ELECTION. No. 43. An Act to authorize and direct the ordinary of Wilkes County, Georgia, to hold elections at such times hereafter as he may desire, for the purpose of submitting to the qualified voters of Wilkes 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 taxing authority of said county shall not levy taxes on said property, to provide the manner of holding such elections, the preparations and counting 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,

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that the ordinary of Wilkes 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 Wilkes 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. Sec. 2. Be it further ordained 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. Results. Sec. 3. Be it further enacted by the authority aforesaid, that the manner of holding such election, 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 Wilkes. Manner of holding. 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 23, 1925.

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

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Abbeville; Sale of Plant. Adrian; Sale of Plant. Albany Charter Amended; Police Limits; Ordinances. Albany School Acts Amended; Referendum. Alma; Territory Excluded from Limits. Americus Street Lighting. Americus Territorial Limits Extended. Athens Tax Exemption Election. Athens, Veto Power Vested in Mayor. Atlanta Charter Amended. Atlanta Territorial Limits Extended. Atlanta Territorial Limits Extended. Atlanta; Territory Excluded from Limits. Augusta City Planning Commission. Augusta Firemen's Pensions; Act of 1923 Amended. Augusta Tax Exemption Election. Austell Bond Election. Avalon Territorial Limits Extended. Bainbridge City Manager Government. Bainbridge; Sale of Plant. Bainbridge School Tax. Bainbridge Street Improvements. Barnesville Board of Education Created. Baxley; Sale of Plant; Public Utility Franchises. Blackshear; Recorder's Court; Sewers. Blue Ridge; Registration of Voters. Bluffton Public Schools Established. Bluffton School District Abolished. Bremen Charter Amended. Brunswick; Conveyance of Certain Property. Cadwell Public Schools Abolished. Cairo City Planning Commission. Calhoun; Term of Office of Mayor. Canton Street Improvements. Carrollton Street Improvements. Chickamauga Charter Amended. Claxton; Registration of Voters; Police Officers. Claxton; Sale of Plant; Public Utility Franchises. Cleveland Street Improvements. College Park Charter Amended.

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Columbus Police Zones. Columbus Tax Exemption Election. Columbus; Title to Certain Lands Conveyed for Use as Park. Columbus; Title to Certain Commons Lands. Commerce Tax Collections. Cordele Charter Amended. Crawfordville Public Utility Franchises. Cuthbert; Registration of Voters. Dalton School Tax. Doerun; Acquisition of Ice Plant. Douglasville; Sale of Plant; Referendum. Dublin; Sale of Plant; Public Utility Franchises. East Point; Planning Commission and Zoning. East Point Bond Issues. East Point Sewer Assessments. Eatonton School Tax. Fairburn, New Charter for. Fitzgerald Charter Amended. Folkston Public Hospital Payment. Fort Valley Public Schools Abolished. Fort Valley Territorial Limits Extended. Fort Valley Territorial Limits Extended. Franklin School District; Lien Created. Fry; Charter of 1922 Repealed. Gainesville Industrial and Publicity Board. Glenville; Elections and Street Improvements. Greensboro; Sale of Plant. Greenville City Ordinances; Penalties for Violation. Greenville Police Power Extended. Griffin; Registration of Voters. Haddock Charter Repealed. Hazlehurst; Sale of Plant; Public Utility Franchises. Hazlehurst Street Improvements. Hephzibah Water and Drainage Bonds. Jackson School Tax. Jasper Fire Limits. Jeffersonville; Sale of Plant; Public Utility Franchises. Louisville Charter Amended. Louisville; Sale of Plant. Lyons; Sale of Plant; Public Utility Franchises. Macon; Alley Encroachment. Macon Charter Amended. Macon Charter Amended; City-Manager Government. Macon; Conveyance of Certain Property. Macon; Salary and Duties of Mayor. Madison; Registration of Voters. Madison School Tax Election. Manchester Territorial Limits Extended. Marietta Business Licenses. Marietta Lights and Waterworks; Election to Refund to E. P. Dobbs. Martin Territorial Limits Extended. McRae Street Improvements. Metter; Sale of Plant; Public Utility Franchises. Midway; Town of, Incorporated. Milledgeville; Grant of Part of State House Square for Educational Purposes.

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Milledgeville Street Improvement Bonds. Millen; Sale of Plant; Referendum. Millen Welfare Fund, Election to Appropriate. Milltown Changed to City of Lakeland. Monroe Zoning System. Moultrie; Condemnations; Water and Lights. Nahunta, City of, Incorporated. Nashville School District Abolished. Newnan Business Licenses. Newnan; Fund for Charitable Purposes. Norcross Tax Rate. Ocilla, New Charter for. Pearson Tax Rate. Pelham, Town Changed to City. Piedmont, Town of, Incorporated. Piedmont, Town of, Incorporated. Plains Charter Amended. Quitman Board of Education; Payment of Pro Rata Share of State School Funds. Quitman Tax Assessors and Public Improvements. Raleigh, City of, Incorporated. Ray City; Elections. Reidsville; Sentences for Violations. Ringgold Charter Amended. Rockmart School District Abolished. Rockmart Street Improvements. Rome Charter Amended. Rossville Charter Amended. St. Marys; School System; Act of 1908 Repealed. Sandersville Ice Plant. Sandersville; Sale of Plant; Referendum. Savannah Charter Amended. Savannah Port Authority. Savannah; Sale of Certain Real Estate. Savannah Sidewalk Abandonment. Savannah Sidewalk Encroachment. Soperton; Sale of Plant; Public Utility Franchises. Sparta; Sale of Plant; Public Utility Franchises. Springfield Tax Rate. Statesboro; Sale of Plant; Public Utility Franchises. Swainsboro Mayor and Council; Elections. Swainsboro; Sale of Plant. Sylvania; Sale of Plant; Public Utility Franchises. Talbotton; Registration of Voters. Thomasville Street Improvements. Thomasville Territorial Limits Extended. Thomson Street Improvements. Toccoa Public Schools; Tuition Fee Abolished. Toccoa; Registration of Voters. Toccoa Street Improvements. Twin City; Sale of Plant. Union City Elections. Valdosta; Absentee Voters. Valdosta Street Improvements. Valdosta Tax Exemptions. Vidalia; Sale of Plant.

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Vidalia School Tax. Vidalia Street Improvements. Warrenton; Disposition of Electric Light Plant. Warrenton Public Schools Abolished. Watkinsville Bond Election. Waycross Park and Zoning Commission Created. Waycross; Payment for Public Hospital. Waycross Recorder, Election, Term, Salary. Waycross Street Improvement; Funding by Ware Bond Commission. Waycross Street Improvements. Waycross Zoning Regulations. Waynesboro Public Utility Franchises. Willachoochee; Sale of Plant; Public Utility Franchises. Wrightsville; Sale of Plant; Public Utility Franchises. ABBEVILLE; SALE OF PLANT. No. 273. An Act to amend an Act approved December 2, 1897, creating a new charter for the City of Abbeville and all acts amendatory thereof; to provide authority for the Mayor and Aldermen to contract to sell, and to sell said city's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility; to grant local public utility franchises and use of streets and public places therefor; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, that from and after the passage of this act, an act creating a new charter for the City of Abbeville, approved December 2, 1897, and all acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1897 amended. The Mayor and Aldermen are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places thereof; to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment,

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apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said city, and to cease operation of such utility, and to convey good and clear title thereto by deed of the city executed by its Mayor. Sale authorized; grant of franchises. Be it further enacted by the authority aforesaid, that all laws in conflict with this act be and the same are hereby repealed. Approved August 18, 1925. ADRIAN; SALE OF PLANT. No. 228. An Act to amend an act entitled an Act to incorporate the Town of Adrian, in the Counties of Emanuel and Johnson, approved December 19, 1899 (Acts of General Assembly of Georgia of 1899, pages 103 to 107) and all amendatory acts thereto, so as to provide authority for the Town of Adrian to contract to sell and to sell said Town's complete Electric and Steam plant, distribution lines, equipment and property connected therewith, or any part thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act of the General Assembly of Georgia, approved December 19, 1899, pages 103 to 107, incorporating the Town of Adrian in the Counties of Emanuel and Johnson, and for other purposes, as well as the acts amendatory thereto, are hereby amended as follows: Act of 1899 amended. The City Council of the Town of Adrian is hereby empowered, by ordinance, to contract to sell, and to sell, upon such terms and conditions as it may, by ordinance determine to be for the best interest of the citizens of said

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Town of Adrian, the complete Electric and Steam plant, distribution lines, and all equipment, apparatus and property whatsoever, or any part thereof, both real and personal connected therewith, and used as a part thereof, belonging to the said Town of Adrian, and to convey good and clear title thereto, by deed of the said Town of Adrian, executed by its Mayor, attested by its clerk, with the seal of the corporation attached. Sale authorized. Be it further enacted, by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1925. ALBANY CHARTER AMENDED; POLICE LIMITS; ORDINANCES. No. 186. 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. 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: Act of 1923 amended. Beginning at the northwest intersection of Monroe street and what is known and shown in the plan or map of Rawson's North End Addition recorded in Deed Book 17 page 486 in the office of the Clerk of the Superior Court of Dougherty County as Tenth (10th) street, run west along the north line of said Tenth (10th) street, and an extension thereof, west to a corner stone at a point

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where the west line of Davis street extended north, intersects, thence south along said west line of Davis street to the north line of Ninth street, thence west 1864 feet to a corner stone, thence south to a corner stone at the present south line of what is commonly known as Gillionville Road, thence westerly along said line to a corner stone at what is now the east line of what is commonly known as Slappy Drive, thence run southerly along said east line of said Slappy Drive to a corner stone at a point where the south side of South street extended west would intersects said east line of said Slappy Drive, thence east along the said south side of South street 1702 feet to a corner stone to a surburban street now known as Harding street and the west boundary of West Highlands, thence south 2132 feet to a corner stone, thence east 4838 feet to a corner stone on the east side of what is now known as the River Road, thence south 3220 feet to a corner stone, thence east 1700 feet to a corner stone, thence south 700 feet to a corner stone, thence run a line due east to a point where the same will intersect the low water mark on the east bank of the Flint River, thence run north along said low water mark to a point where the same intersects the south line of said Highland Avenue extended east, then run a line east 214 feet to a corner stone, thence continue east 4560 feet to a point marked by a corner stone which is 5237 feet east of the west line of what is known as Front Street in said city and which said distance of 5237 feet is measured on the center line of what is now known as East Broad street in East Albany in said city, now, run a line, parallel to the west line of said Front street, 2930 feet to a point marked by a corner stone on the north line of North Street, of said city, extended east, thence run west 4050 feet to the low water mark on the east bank of said river, thence run north along said low water mark to a point where the north line of 7th street of said city would if extended east, intersect, thence run west along said north line of 7th street to the east line of the right of way of the Central of Georgia

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Railway Company, thence run north westerly along said right of way to a corner stone at a point where the north line, extended east, of 8th street of what is commonly known as Rawson's North End Addition, shown on Deed Book, 17, page 486 in the office of the clerk of the Superior Court of Dougherty County, thence run west to the east line of Jefferson street in said city thence north to the south line of what is known as 12th street in said North End Addition, thence east to the west line of Monroe Street, and thence south to the starting point; provided, that for the purpose of the exercise by the authority of said city of police power and authority over offenses, matters or things affecting in any manner or degree the public health, peace, good order, safety or morals, and over persons offending against the laws or city ordinances relative thereto the corporate limits proper, as above defined, are hereby extended for a distance of one-half mile in every direction from said corporate limits proper and within said extended corporate limits the power and authority to exercise such police power and authority is hereby vested in and conferred upon the board of city commissioners of said city, and all valid ordinances of said city heretofore or hereafter enacted, relative to or covering said offenses, matters or things or said offending persons, shall become and be operative and of full force and effect in and through the territory within said extended corporate limits and said territory shall be known as the city's police limits and the power and authority is hereby vested in and conferred upon any and all of the police or arresting officers of said city in the enforcement of said ordinances to make arrests, or execute warrants or other process of the city within said territory and to make arrests therein for the violation of any State law relative to said offenses, matters, or things, or offending persons and all summons, subpoenas, warrants and writs issued by authority of said city shall be operative and have full force and effect in the said territory. Territory defined as police limits Power to make arrests.

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Sec. 2. That said act creating said charter be and the same is hereby further amended by striking from Section 18 thereof sub-paragraph one and substituting for said sub-paragraph one the following, to-wit: (1) All ordinances before they pass shall be read twice, and each reading shall be had at separate meetings, regular or special, on separate days, and the first reading shall be had at a regular meeting of the Board of City Commissioners: provided that both readings may be had and the ordinance passed at the first meeting upon unanimous consent of the members of the Board present. Ordinances to be read twice. Sec. 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith shall be and the same are hereby repealed. Approved August 8, 1925. ALBANY SCHOOL ACTS AMENDED; REFERENDUM. No. 28. An Act to amend an Act providing for a system of public schools in the City of Albany approved August 21, 1906, and the several Acts amendatory thereof; to provide an election for the ratification 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: Section 1. That the Act of the General Assembly approved August 21, 1906, which provides for the establishment of a system of public schools in the City of Albany, levy of a tax to maintain and support, and a Board of Education to conduct the same, and the several acts amendatory

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thereof, shall be and the same is hereby amended, as follows, to-wit,by striking from said Act Section 3 and 4 thereof, which are as follows: Act of 1906 amended. Section 3. Be it further enacted by the authority aforesaid, that said Board of Education shall consist of the following named eleven persons: R. H. Warren, Wm. Lockett, J. R. Graffenried, A. W. Muse (who shall hold such office for a term of one, two, three and four years, in the order named, from the Second Monday in April, 1906), the Mayor of the City of Albany, the chairman of the County Commissioners of Roads and Revenues of Dougherty County, and the five members of the Board of Education of Dougherty County. The last named seven persons shall always be members of said Board of education by virtue of their offices as indicated, and the successors to the first four named persons shall be citizens of the City of Albany, qualified to vote therein, and elected by joint action of the City Council and Commissioners of Roads and Revenues of Dougherty County on the second Monday in April of each year, for a term of four years. At the expiration of the several terms of said first named four persons, and any vacancy occuring on said Board of Education for an unexpired term among first named four persons, shall be filled by the election held in the same manner on a call for said purpose. A majority of said Board shall constitute a quorum for the transaction of any of its business. Sec. 4. Be it further enacted by the authority aforesaid, that the officers of said board of education shall be a chairman, who shall be the mayor of the City of Albany; a secretary, who shall be one of the members of said board, and such other officers as said Board may deem advisable. All of said officers except the chairman, shall be elected by said Board, and hold office at its pleasure. Said Board shall serve without compensation, except the secretary and such other officers as may be elected, who shall receive such compensation as the board may deem

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it proper, and substituting therefor the following two new sections, to be numbered 3 and 4, to-wit: Sec. 3. That the said Board of Education shall consist of seven members, the Mayor of the City of Albany, the Chairman of the Board of County Commissioners of Roads and Revenues of Dougherty County, the president of the County Board of Education all to be ex-officio members of the Board by virtue of their offices,and the remaining four members of the Board to be citizens of the City of Albany and to be elected by the Board of the City Commissioners of the City of Albany, or by the governing body of said City, by whatever name designated. The first election hereunder shall be held on the second Monday in March 1926 (at which time this Act shall go into effect, if ratified by the voters of Albany as hereinafter provided), and each year thereafter there shall be an election hereunder. The present citizen members of said Board of Education shall continue in office until the dates hereinafter set out respectively, or until their successors shall have been elected and qualified under the provisions of this Act, to-wit: the term of Mrs. W. M. Van Cise shall expire on the second Monday in March, 1926, the term of Mrs. A. H. Hilsman shall likewise expire on the second Monday in March, 1926; the term of J. S. Billingslea shall expire on the second Monday in March, 1927, and the term of I. J. Hofmayer shall expire on the second Monday in March, 1928, and at the election which shall be held hereunder on the second Monday in March 1926, a successor shall be chosen to succeed Mrs. W. M. Van Cise to serve for three years, and at the same time a successor shall be chose to succeed Mrs. A. H. Hilsman to serve for a period of four years, and on the second Monday in March annually thereafter one member shall be chosen to succeed the incumbent whose term then expires,such newly elected member to serve for a period of four years, or until his or her successor shall have been elected and qualified under the

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provisions of this act. Any vacancy occuring on said Board shall be filled by election at a meeting of the Board of Commissioners called for that purpose. New Sec. 3. Members of Board of Education. Termof present incumbents. Sec. 4. That said Board of Education shall, at their first regular meeting after the second Monday in March of each year, meet and organize and elect from its membership, for a term of one year, and until his successor shall have been elected and qualified, a president, and, from its membership or not as the Board may desire, and for a term of one year, a secretary, which said secretary shall also discharge the duties of a treasurer of said board. Said board may, if they deem the same advisable, elect other officers to serve for a term at the pleasure of the Board. Said Board of Education shall serve without compensation except the secretary, who shall receive such compensation as the Board of Education may prescribe. A majority of the said Board of Education shall consist of a quorum for the transaction of any of its business. All funds due or becoming due from the State of Georgia to the said Board of Education shall be paid by the State authorities direct to the secretary of said Board. New Sec. 4. Officers. Sec. 2. Be it further enacted by the authority aforesaid, that before the provisions of this Act shall become operative it shall be submitted to a vote of the voters of the City of Albany for ratification at an election for that purpose; said election shall be held in said City of Albany on September 2, 1925, at the time, place and manner prescribed for such city elections; those voters favoring the ratification of this Act shall have written on their ballots For school Act Amendment and those desiring to vote against ratification, shall have written or printed on their ballots Against School Act Amendment. If a majority of the voters voting at said election vote for amendment to School Act then the provisions of the Act shall become operative when and as hereinbefore provided, and, it shall be and it is hereby made the duty of the Board of City Commissioners of the City of Albany,

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at its first meeting, regular or special, after said election, to so declare the same and spread their declaration upon the minutes of the Commission. Election to ratify. Ballots. Returns. Sec. 3. Be it further enacted by authority aforesaid, that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved July 21, 1925. ALMA; TERRITORY EXCLUDED FROM LIMITS. No. 260. An Act to provide for the exclusion of certain lands from the corporate limits of the City of Alma, in Bacon County, State of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after passage of this Act, certain real estate, situate in the Fifth land District of originally Appling County, Georgia, now in Bacon County, Georgia, and consisting of Fifty one acres, more or less, of lots of land Numbers Two Hundred and Seventy and Two Hundred and Seventy-one and bound on the west side by lands of Levi Vaughn, north by a continuation of Seventeenth street in, and of the city of Alma, in said Bacon County, Georgia, east by the original land line, and south by a certain branch, located on the east side of said City of Alma, and being the property of Miss Mary J. Tanner, and now located within the corporate limits of said City of Alma, be, and the same is excluded from said limits of said City of Alma, in said Bacon County, Georgia. Territory excluded. 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, 1925.

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AMERICUS STREET LIGHTING. No. 122. An Act to amend an Act entitled an Act to amend, revise, consolidate several acts granting authority to the City of Americus, to confer additional power upon the Mayor and City Council of Americus, etc., approved November 11th, 1889, so as to authorize and empower the Mayor and City Council of Americus to install, erect, purchase and otherwise acquire and maintain a white way or other suitable system, plan, or device for lighting the public streets, avenues, and alleys of the City of Americus, and to levy and assess against the property next to and adjacent to the streets, avenues and alleys so lighted and the ownersand lessees thereof, the entire cost of installing, erecting, purchasing or otherwise acquiring the same, according to frontage; to provide the means and methods of enforcing the payment of such levy or assessment; and to provide the method, and condition upon which the owners or lessees of such property might contest the payment of such levy and assessment, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by anthority of the same: Section 1. That an Act approved November 11th, 1889, entitled An Act to amend, revise, and consolidate the several Acts granting authority to the City of Americus to confer additional power upon the Mayor and City Council of Americus, etc., be and the same is hereby amended as follows: Act of 1889 amended. Paragraph 1. By adding at the end of Section 43 of said Act two new sections, to be numbered Section 43(c) and Section 43(d), and to be and read as follows: Section 43(c). That the Mayor and City Council of Americus shall have full power and authority, and are

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hereby specially authorized and empowered, to install, erect, purchase or otherwise acquire and maintain a system of posts, wires, cables, and lights, commonly known and referred to as a white way, or other desirable, suitable or necessary system, plan or device for lighting the public streets, avenues and alleys of the City of Americus, and to levy and assess against the property next to and adjacent to the streets, avenues and alleys so lighted, and the owners and lessees thereof, the entire cost of installing, erecting, purchasing or otherwise acquiring the same, according to frontage; provided, however, that before the Mayor and City Council shall make such levy and assessments the owners of at least seventy-five (75%) per centum, according to frontage, of the property next to and adjacent to the streets, avenues and alleys to be so lighted, shall agree in writing to pay their apportionate part of the expense of the same, according to frontage. Sec. 43(c). Installation of Syatem. Assessments. Section 43(d). That said Mayor and City Council of Americus is hereby empowered to enforce the payment of the assessments providing for in the foregoing section, against the property next to and adjacent to the streets, avenues and alleys so lighted, and against the owners and lessees thereof, as provided for in Section 33 (thirty-three) of said Act of November 11th, 1889; provided, however, that to an execution issued under the provisions of this section the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which execution is issued is due, and the reasons why the same is not due by defendants, and stating what amount is admitted to be due, which amount, so admitted, shall be paid before said affidavit shall be received, and said affidavit shall be received for balance, and such affidavit so received, together with such execution, shall be returned to the Superior Court of Sumter County, Georgia, and there tried, and the issue determined as in the case of illegality, subject to all pains

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and penalties provided for in the cases of illegality for delay. Executions. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1925. AMERICUS TERRITORIAL LIMITS EXTENDED. No. 203. An Act to amend an Act, entitled an Act to amend, revise and consolidate the several acts granting corporate authority to the City of Americus; to confer additional powers on the Mayor and City Council of Americus to extend the corporate limits of said city and for other purposes, approved November the eleventh, 1889: So as to include within the corporate limits of the City of Americus, that certain strip of land beginning at the center of Spring Street where it is crossed by the Central of Georgia Railway, and extending one hundred feet on either side of said Spring street west from starting point to the western boundary of the corporate limits of the City of Americus. 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 revise and consolidate the several Acts granting corporate authority to the City of Americus approved November 11, 1889, be and the same is hereby amended so that a certain strip of land beginning at the railroad crossing on Spring street in the City of Americus, Georgia, in the center of said Spring Street and extending one hundred feet from the center of said street on either side of said street, along said street west, to the western boundary of the corporate limits of the City of Americus where said western boundary line crosses said street near the old Scarborough storehouse, said

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strip of land being two hundred feet wide between the points herein above designated, be added to the territory covered by the corporate limits of said City of Americus and made part and parcel of the territory so incorporated by the Act and amendments thereto incorporating the Mayor and City Council of Americus. Act of 1889 amended. Territory included. Sec. 2. It is hereby further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 11, 1923. ATHENS TAX EXEMPTION ELECTION. No. 267. An Act to amend the charter of the Mayor and Council of the City of Athens, so as to authorize said Mayor and Council of the City of Athens to call an election for the purpose of providing exemption from taxation by the Mayor and Council of the City of Athens, for five years of certain industries as provided for by the Constitutional amendment of 1924. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same, that the Mayor and Council of the City of Athens, are hereby authorized to call an election for the City of Athens, for the purpose of deciding whether or not said Mayor and Council of the City of Athens shall exempt from taxation for five years, those manufacturing industries under the terms as proposed by the Act of the General Assembly, at the extraordinary session of 1923, and as authorized by the Constitutional amendment. At said general election the question shall be submitted to the voters of exempting said industries from taxation under said terms and should a majority of the qualified electors voting in such election held by the Mayor and Council of

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the City of Athens, vote in favor of said exemption, said Mayor and Council of the City of Athens shall be vested with a right to exempt said industries from taxation under the terms as authorized by said act of the General Assembly and the Constitutional amendment. Election to [Illegible Text] held. 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, 1925. ATHENS, VETO POWER VESTED IN MAYOR. No. 134. An Act to amend the charter of the Mayor and Council of the City of Athens, so as to vest the veto power in the Mayor, to provide when and how such power shall be exercised and for other purposes. Section 1. Be it enacted, by the General Assembly of the State of Georgia, that the Mayor of the Mayor and Council of the City of Athens shall have the veto power on all questions coming before the Mayor and Council of the City of Athens, and shall have the right to veto any ordinance or resolution passed by said Mayor and Council of the City of Athens, provided said veto is exercised within three days after the passage of said Ordinance or resolution. Provided further that any ordinance or resolution so vetoed by the Mayor shall not be passed over said veto except by the vote of two-thirds of the members of the Council, of the Mayor and Council of the City of Athens, voting to over-rule said veto. Veto of ordinances and resolutions. Two-thirds vote to overrule. Sec. 2. Be it further enacted, that this Act shall not become effective until ratified by the qualified voters of the City of Athens at an election to be held on the same day as the Democratic Primary for the Mayor and Council

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of the City of Athens for the year 1925. The Mayor is hereby authorized to call said election and those voting for the act shall have on their ticket For ratification and those opposed Against ratification. Election to ratify. Sec. 3. Be it further enacted, that all laws, and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 4, 1925. ATLANTA CHARTER AMENDED No. 398. An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28th, 1874, and the several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Atlanta approved February 28th, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. That the existing provisions of the charter of the City of Atlanta creating and establishing the Recorder's Court be changed so as to provide that on and after the passage of this Act, that the Recorder's Court of the City of Atlanta shall consist of two Divisions known as Division No. 1 and Division No. 2. Each of said divisions shall be presided over by an officer known as a Recorder, and the present Recorder of the City of Atlanta shall preside in Division No. 1 of said Court and another Recorder shall be elected in the same manner and for the same term of office as the present Recorder,

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and shall serve in Division No. 2 of said Court. The two Recorders shall have the same and equal jurisdiction in the trial of all cases now or hereafter made triable in the Recorder's Court of the City of Atlanta, and in all other respects the two divisions of said Court shall be of equal rank and jurisdiction. Recorder's Court; two divisions of equal rank. The provisions of the Charter of the City of Atlanta creating the office of Recorder pro tem,. fixing his term of office and prescribing his duties is hereby repealed, and the present Recorder pro tem shall automatically become Recorder of the Second Division of the Recorder's Court herein created and shall hold office until January 1st, 1927, and his successor shall be elected at the General Election held in the City of Atlanta in the year 1927, and hold office for a term of four years, and thereafter be elected in the same manner and for the same term as the Recorder presiding in the First Division of said Court. Recorder pro tem to be Recorder of Second Division. Election of Successor. The Recorder presiding in Division No. 2 of said court shall receive the same compensation as that now paid to the Recorder Pro tem until January 1st, 1926, at and after which time Mayor and General Council shall prescribe such salary as in its discretion is proper. Compensation. In the absence of either Recorder, if in the discretion of the other Recorder it is necessary to conduct both divisions of said Court, he may call upon the Mayor and Members of the General Council of the City of Atlanta to preside in either division of said court. Or in the absence of both Recorders it shall be the duty of the Chief of Police to call upon the Mayor and members of the General Council of the City of Atlanta as now provided, to preside in either or both divisions of said Court. Absence. Sec. 2. That the provisions of the present charter codified in the City Code of 1919, in Section 296, be stricken and the following inserted in lieu thereof: City Code amended. Section 296. In all cases where a sewer shall be laid in the City of Atlanta by or under the authority of said

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city in any street, the sum of one dollar and fifty cents per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer on each side of said street in which said sewer is laid or constructed, and in consideration of the payment of said assessment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. The remaining cost of all sewers not thus assessed shall be paid by said City out of the sewer appropriation for the year. New Sec. 296. Sewer assessments. Sec. 3. That the Mayor and General Council, in their discretion may insure the lives of all members of the fire and police departments of said City if they so desire and provide appropriations therefor, provided that the policies therefor contain provisions making all amounts due thereunder payable to the widows, minor children or the proven dependents of said firemen and policemen provided, however, this shall not affect the pension laws for policemen and firemen but shall be cumulative and additional thereto. Policemen and firemen, insurance of lives. Sec. 4. That the Mayor and General Council be authorized to establish a mortuary fund out of which there shall be paid to the widow and minor children or, if no widow, then to the minor children of deceased policemen and firemen, the sum of five thousand dollars in the event of the death or total disability of any fireman or policeman, caused by injuries received while in the performance of their duties as such officers. Mortuary fund. Sec. 5. That all contracts, which have been, or may be, entered into by the City, for public improvements, let under the plan provided by the amendment to the City's Charter, approved August 19th, 1919, as amended, where the work has been, or may be, accepted by the City, and are hereby ratified, confirmed and declared legally binding. Nothing contained herein shall effect any pending litigation arising out of such paving contracts. Contracts ratified.

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Sec. 6. Be it further enacted that the charter of said city as codified in Section 116 of the City Code of 1910, and as amended by Act of the General Assembly approved August 19, 1919, be amended by adding to said Section 116 the following words: Provided, however, that the office of City Marshal shall not be so abolished or consolidated during the term for which any person has heretofore been elected or nominated. City Code, Sec. 116, amended. City Marshal's office. Sec. 7. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 25, 1925. ATLANTA TERRITORIAL LIMITS EXTENDED. No. 270. 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 therein the following territory, to-wit: First Parcel. All of land Lot 88, 14th District of originally Henry, now Fulton County, that is not already within the limits of the City of Atlanta. A part of this Land Lot has already been annexed to the City and this Act undertakes to annex thereto the remainder of said Land Lot not already annexed and included within the limits of the City of Atlanta. Second Parcel. All that tract of land beginning at a point on the existing City limits where same intersects the westerly side of Briarcliff Road, same being on the south Land Lot Line of Land Lot 1, of the 18th District of DeKalb County; thence in a westerly direction, along said Land Lot Line, one thousand one hundred and ten (1,110) feet, more or less, to the southwest corner of said

Page 843

Land Lot 1; thence in a northerly direction, along the west Land Lot Line of said Land Lot 1 one thousand three hundred and thirty-five (1,335) feet to a point; thence in an easterly direction in a straight line, four hundred and fifty (450) feet, more or less, to the north-west corner of the property of C. H. Candler, occupied by him as a home place; thence south along the west line of the property of said Candler one thousand and sixteen and five tenths (1016.5) feet to the southwest corer of same; thence in a southeast wardly direction, along the south line of the property of said Candler, seven hundred and sixty and five-tenths (760.5) feet, to point of beginning. Third Parcel. All that tract of land beginning at a point where land Lots 109, 110, 146 and 147 of the 17th District of Fulton County, corner; thence in an easterly direction along the north line of said Land Lot 109, six hundred (600) feet to the present City limits; thence in a southernly direction along said limits to Sixteenth Street; thence westerly along said Sixteenth Street six hundred (600) feet to the westerly line of Land Lot 108; thence in a northerly direction along the westerly line of Land Lot 108 and the westerly line of Land Lot 109 to the beginning point. Fourth Parcel. All that tract of land beginning at a point on the easterly right-of-way of the Southern Railway Company, in Land Lot 56 of the 17th District of Fulton County and 200 feet distant at right angles in a westerly direction from the westerly side of Piedmont Road; thence in a northeasterly, and northerly direction, two hundred (200) feet distant from and parallel with the westerly side of Piedmont Avenue to a point two hundred (200) feet north of the north side of Rock Springs Road; thence in a easterly, southeasterly and easterly direction two hundred (200) feet distant from and parallel with said Rock Springs Road to a point two hundred (200) feet west of the west side of Highland

Page 844

Avenue; thence in a northeasterly direction two hundred (200) feet distant from and parallel with said Highland Avenue to the existing city limits, same being the county line between Fulton County and DeKalb County; thence in a southerly, westerly, northwesterly, southerly, southwesterly and westerly direction along the existing limits to the point of beginning. Fifth Parcel. All that tract of land beginning at a point in the center of Sylvan Road at the southwest corner of the existing city limits; same being on the Land Lot line between Land Lots 103 and 122, of the 14th District of Fulton County; thence in an easterly direction at right angles to said beginning point two hundred (200) feet to a point; thence in a northerly direction, two hundred (200) feet distant from and parallel with said Sylvan Road, to a point two hundred (200) feet south of the center of Decker Avenue; thence in an easterly direction two hundred (200) feet distance from and parallel with said Decker Avenue, to a point two hundred (200) feet east of the center of Stewart Avenue; thence in a northerly direction, two hundred (200) feet distant from and parallel with said Stewart Avenue, to the existing limits; thence in a westerly, southerly, westerly and southerly direction along said existing limits to the point of beginning. 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 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

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charter for the City of Atlanta, approved February 28, 1847, 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 annex and include therein the following territory, to-wit: Territory included. First Parcel. All of Land Lot 88, 14th District of originally Henry, now Fulton County, that is not already within the limits of the City of Atlanta. A part of this Land Lot has already been annexed to the City and this Act undertakes to annex thereto the remainder of said Land Lot not already annexed and included within the limits of the City of Atlanta. Land in lot 88, 14th District of Fulton County. Second Parcel. All that tract of land beginning at a point on the existing City limits where the same intersects the westerly side of Briarcliff Road, same being on the south Land Lot line of Land Lot 1, of the 18th District of DeKalb County; thence in a westerly direction, along said Land Lot line, one thousand one hundred and ten (1,110) feet, more or less to the southwest corner of said Land Lot 1; thence in a northerly direction, along the west Land Lot line of said Land Lot 1 one thousand three hundred and thirty-five (1,335) feet to a point; thence in an easterly direction, in a straight line, four hundred and fifty (450) feet, more or less, to the northwest corner of the property of C. H. Candler, occupied by him as a home place; thence south along the west line of the property of said Candler one thousand and sixteen and five-tenths (1,016.5) feet to the southwest corner of same; thence in a southeastwardly direction, along the south line of the property of said Candler, seven hundred and sixty and five-tenths (760.5) feet to the point of beginning. Land in lot 1, 18th District of DeKalb County. Third Parcel. All that tract of land beginning at a point where Land Lots 109, 110, 146 and 147 of the 17th District of Fulton County, corner; thence in an easterly direction along the north line of said Land Lot 109, six hundred (600) feet to the present City limits; thence in

Page 846

a southerly direction along said limits to sixteenth Street, thence westerly along said Sixteenth Street six hundred (600) feet to the westerly line of Land Lot 108; thence in a northerly direction along the westerly line of Land Lot 108; and the westerly line of Land Lot 109 to the point of beginning. Land in lots 109, 110, 146 and 147 of 17th District of Fulton County. Fourth Parcel. All that tract of land beginning at a point on the easterly right of way of the Southern Railway Company, in Land Lot 56 of the 17th District of Fulton County and 200 feet distant at right angles in a westerly direction from the westerly side of Piedmont Road; thence in a northeasterly, and northly direction, two hundred (200) feet distant from and parallel with the westerly side of Piedmont Avenue to a point two hundred (200) feet north of the north side of Rock Springs Road; thence in an easterly, southeasterly and easterly direction two hundred (200) feet distant and parallel with said Rock Springs Road to a point two hundred (200) feet west of the west side of Highland Avenue; thence in a northeasterly direction two hundred (200) feet distant from and parallel with Highland Avenue to the existing city limits; same being the county line between Fulton County and DeKalb County; thence in a southerly, westerly northwesterly, southerly, southwesterly and westerly direction along the existing limits to the point of beginning. Land in lot 56 of 17th District of Fulton County. Fifth Parcel. All that tract of land beginning at a point in the center of Sylvan Road at the southwest corner of the existing city limits, same being on the Land Lot line between Land Lots 103 and 122, of the 14th District of Fulton County; thence in an easterly direction at right angles to said beginning point two hundred (200) feet to a point; thence in a northerly direction, two hundred (200) feet distant from and parallel with said Sylvan Road, to a point two hundred (200) feet south of the center of Deckner Avenue; thence in an easterly direction, two hundred (200) feet distant from and parallel

Page 847

with said Deckner Avenue, to a point two hundred (200) feet east of the center of Stewart Avenue; thence in a northernly direction, two hundred (200) feet distant from and parallel with said Stewart Avenue, to the existing limits; thence in a westerly, southerly, westerly and southerly direction along said existing limits to the point of beginning. Land in lots 103, 122, of 14th 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-expensive 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, 1926. New Territory subject to laws, bonded indebtedness, etc. Effective Jan. 1, 1926.

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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 August 18, 1925. ATLANTA TERRITORIAL LIMITS EXTENDED. No. 365. An Act to amend and 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 the City of Atlanta so as to annex and include therein, the following territory, to-wit: First Parcel. Beginning at a point on the existing limits in Land Lot 148 of the 17th District of Fulton County, 200 feet west of McCaslin Street, and a point where the northerly side of 16th street produced westerly would intersect same; thence in a northerly direction 200 feet distant from and parallel with said MeCaslin street 200 feet, more or less, to a point 200 feet distant from the northerly side of 16th street; thence in an eastly direction 200 feet distant from and parallel with said 16th street to a point on the line between Land Lots 108 and 148 of said district; thence in a southerly direction along the line between said Land Lots 108 and 148 to the north line of 16th Street and the present limits; thence westerly along the northerly line of said 16th Street and the present limits to the point of beginning. Second Parcel. Beginning at where the westerly line of Land Lot 224 of the 17th District of Fulton County intersects the center of Southern Street; thence in a northerly direction along said Land Lot line 200 feet to a point; thence in an easterly direction 200 feet distant from and parallel with said Southern street to an intersection with the westerly right of way line of the southern Railway company; thence in a southwesterly direction

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along said right of way line 300 feet more or less, to the present limits in Southern Street; thence in a westerly direction along said limits in Southern Street to the point of beginning. Third Parcel: Beginning at a point on the westerly right of way of the Louisville and Nashville Railroad in Land Lot 115 of the 14th District of Fulton County, and on the existing corporate limits; thence in a southeasterly direction along said right of way and said limits to the center of Lena Street; thence in a westerly direction along the present limits and the center of Lena Street to an intersection with the easterly right of way of the Atlanta, Birmingham and Atlantic Railroad Company; thence in a northeasterly direction along the last mentioned right of way 275 feet, more or less, to a point 200 feet distant at right angles from said center of Lena Street; thence in an easterly direction 200 feet distant from and parallel with said Lena Street, to the point of beginning. Fourth Parcel. Beginning at a point where the present corporate limits of the City of Atlanta corner at an intersection of the southerly side of Gordon Street (or Gordon Road), and the line between Land Lots 148 and 173 of the 14th District of Fulton County; thence in a westerly direction along the southerly side of said street 200 feet, more or less, to a point 200 feet distant at right angles from said Land Lot line; thence in a northerly direction 200 feet distant from and parallel with said land lot line to an intersection with the line between Land Lots 173 and 174 of said district; thence in an easterly direction along said line between Land Lots 173 and 174, 200 feet to the present limits in Bomar Avenue, (or Anderson Street); thence in a southerly direction along said Bomar Avenue to the point of beginning. Fifth Parcel. Beginning at a point on the existing corporate limits of the City of Atlanta, at a point where the center of Stokes Avenue and the line between Land Lots 149 and 172 intersect; thence in a northerly direction

Page 850

along said land lot line 200 feet to a point; thence in an easterly direction 200 feet from and parallel with said Stokes Avenue to an intersection with the present limits 200 feet, more or less, west of West Ontario Avenue; thence in a southerly direction along the present limits to the center of Stokes Avenue; thence in a westerly direction along the present limits in Stokes Avenue to the point of beginning. Sixth Parcel. Beginning at a point on the westerly side of Cascade Avenue in Land Lot 169 of the 14th District of Fulton County, said beginning point being the intersection of said side of road and a line 500 feet south of and parallel with Avon Avenue and produced westerly to intersect said road; thence in a westerly direction along a line 500 feet south of and parallel with said Avon Avenue, to a point 150 feet distant at right angles from the center of said Cascade Road; thence in a northeasterly direction, 150 feet distant from and parallel with said Cascade Road and also 150 feet distant form and parallel with the center of Huff Road to an intersection with the present limits in Land Lot 151 of said District; thence in a southwesterly direction along the present limits to the point of beginning. Seventh Parcel. Beginning at a point where the existing corporate limits of the City of Atlanta intersects the line between Land Lots 88 and 89 of the 14th District of Fulton County and 230 feet east of the center of Stewart Avenue; thence in an easterly direction along said land Lot line to a point where Land Lots 88, 89, 72, and 73 corner; thence in a southerly direction along the line between land lots 72 and 89 of said district, 200 feet to a point; thence in a westerly direction 200 feet distant from and parallel with said line between land lots 88 and 89 to an intersection with the present limits in land lot 89 of said district and 230 feet east of the center of said Stewart Avenue; thence in a northerly direction along said present limits to the point of beginning.

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Eighth Parcel. Beginning at a point on the line between land lots 57 and 72 of the 15th district of Fulton County and 150 feet south of the south side of Brown Street; thence in an easterly and northeasterly direction 150 feet distant from and parallel with said south side of Brown Street to the southwest corner of Brown Street and Jonesboro Road; thence in a northeasterly direction in a straight line to a point on the east side of Lakewood Avenue, and 150 feet south of the southeast corner of Lakewood Avenue and Miller Reed Avenue, (or Milton Reed Avenue); thence in a northeasterly direction, 150 feet distant from and parallel with the south side of Miller Reed Avenue to an intersection with the present limits of land lot 41 of said district, same being also the easterly right of way of the southern railway company; thence in a northeasterly, southwesterly and westerly direction along the present limits to the line between said line between land lots 57 and 72; thence in a southerly direction along said line between land lots 57 and 72, 150 feet to the point of beginning. Ninth Parcel. Beginning at a point on the present corporate limits of the City of Atlanta in land lot 23 of the 14th District of Fulton County, and on the southerly right of way of the Atlanta and West Point Railroad Company and 200 feet east of the center of South Boulevard; thence in a southerly direction 200 feet distant from and parallel with said South Boulevard to an intersection with the center of McDonough Road; thence in a westerly direction along said road to the present limits at the northwest corner of said McDonough Road and South Boulevard; thence in a northerly, westerly, northerly and northeasterly direction along the present limits to the point of beginning. Tenth Parcel. Beginning at a point on the line between land lots 57 and 106 of the 18th District of DeKalb County, and 200 feet east of the center of Briarcliff Road; thence in a southerly direction, 200 feet distant

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from and parallel with the center of said Briarcliff Road to a point directly east of the south side of University Drive, South; thence in a westerly direction 200 feet to the center of said Briarcliff Road; thence in a northerly direction along said Briarcliff Road and the present limits to an intersection with the line between land lots 57 and 106 of said district; thence in an easterly direction along said land lot line 200 feet to the point of beginning. Eleventh Parcel. Beginning at a point in the center of Piedmont Avenue and 200 feet distant at right angles in a northwesterly direction on the northerly side of West Rock Spring Road; thence in an easterly direction 200 feet distant from and parallel with the northerly side of said West Rock Spring Road, and also in an easterly and southeasterly direction 200 feet distant from and parallel with the northerly and easterly side of Biscayne Drive, to an intersection with the line between land lot 3 and land lot 51 of the 17th District of Fulton County; thence in a southerly direction along said land lot line, 280 feet more or less, to a point 200 feet distant at right angles in a northerly direction from the northerly side of Rock Spring Road; thence in an easterly direction 200 feet distant from and parallel with the northerly side of said Rock Spring Road, to a point 200 feet distant at right angles in a northwesterly direction from the westerly side of Highland Avenue; thence in a northeasterly direction 200 feet distant from and parallel with the westerly side of said Highland Avenue, to an intersection with the existing limits; same being the line between Fulton County and DeKalb County; thence in a southerly, westerly and northwesterly direction along the present limits to the center of West Rock Spring Road; thence in a westerly direction along the center of said West Rock Spring Road to the center of Piedmont Road; thence in a northerly direction along the center of said Piedmont Road to the point of beginning.

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And to exclude from the corporate limits of said City the following property, included therein by an amendment to the charter of said City passed in 1924: Beginning at a point on the corporate limits of the City of Atlanta in the center of Piedmont Avenue, opposite the center of Rock Spring Road; thence in a northerly direction along said limits in the center of Piedmont Avenue, to the center of Rock Spring Road; thence in a southeasterly and southerly direction along said center of Rock Spring Road to a point opposite the center of said West Rock Spring Road; thence in a westerly direction along said West Rock Spring Road to the point of beginning. 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 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act establishing a new charter for the City of Atlanta, approved Feburary 28th, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended by extending the limits of the City of Atlanta so as to annex and include therein the following territory, to-wit: Territory included. First Parcel. Beginning at a point on the existing limits in land lot 148 of the 17th District of Fulton County, 200 feet west of Mecaslin street, and a point where the northerly side of 16th Street produced westerly would

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intersect same; thence in a northerly direction 200 feet distant from and parallel with said Mecaslin street 200 feet, more or less, to a point 200 feet distant from the northerly side of 16th street; thence in an easterly direction 200 feet distant from and parallel with said 16th street to a point on the line between land lots 108 and 148 of said district; thence in a southerly direction along the line between said land lots 108 and 148 to the north line of 16th street and the present limits; thence westerly along the northerly line of said 16th street and the present limits to the point of beginning. Land in lot 148 of 17th District of Fulton County. Second Parcel. Beginning at where the westerly line of land lot 224 of the 17th District of Fulton County intersects the center of Southern Street; thence in a northerly direction along said land lot line 200 feet to a point; thence in an easterly direction 200 feet distant from and parallel with said Southern Street to an intersection with the westerly right of way line of the Southern Railway Company; thence in a southwesterly direction along said right of way line 300 feet, more or less, to the present limits in Southern Street; thence in a westerly direction along said limits in Southern Street to the point of beginning. In lot 224. Third Parcel. Beginning at a point on the westerly right of way of the Louisville and Nashville Railroad in Land Lot 115 of the 14th district of Fulton County, and on the existing corporate limits; thence in a southeasterly direction along said right of way and said limits to the center of Lena Street; thence in a westerly direction along the present limits and the center of Lena Street to an intersection with the easterly right of way of the Atlanta, Birmingham and Atlantic Railroad Company; thence in a northeasterly direction along the last mentioned right of way, 275 feet, more or less, to a point 200 feet distant at right angles from said center of Lena Street; thence in an easterly direction 200 feet distant

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from and parallel with said Lena Street, to a point of beginning. In lot 115 of 14th District. Fourth Parcel. Beginning at a point where the present corporate limits of the City of Atlanta corner at an intersection of the Southerly side of Gordon Street (or Gordon Road), and the line between land lots 148 and 173 of the 14th District of Fulton County; thence in a westerly direction along the southerly side of said street 200 feet, more or less, to a point 200 feet distant at right angles from said land lot line; thence in a northerly direction 200 feet distant from and parallel with said land lot line to an intersection with the line between land lots 173 and 174 of said district; thence in an easterly direction along said line between land lots 173 and 174, 200 feet to the present limits in Bomar Avenue (or Anderson Street); thence in a southerly direction along said Bomar Avenue to the point of beginning. In lots 148, 173, 174. Fifth Parcel. Beginning at a point on the existing corporate limits of the City of Atlanta, at a point where the center of Stokes avenue and the line between land lots 149 and 172 intersect; thence in a northerly direction along said land lot line 200 feet to a point; thence in an easterly direction 200 feet from and parallel with said Stokes Avenue to an intersection with the present limits 200 feet, more or less, west of West Ontario Avenue; thence in a southerly direction along the present limits to the center of Stokes Avenue; thence in a westerly direction along the present limits in Stokes Avenue to the point of beginning. In lots 149 and 172. Sixth Parcel. Beginning at a point on the westerly side of Cascade Avenue in land lot 169 of the 14th District of Fulton County, said beginning point being the intersection of said side of road and a line 500 feet south of and parallel with Avon Avenue and produced westerly to intersect said road; thence in a westerly direction along a line 500 feet south of and parallel with said Avon Avenue, to a point 150 feet distant at right angles from

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the center of said Cascade Road; thence in a northeasterly direction 150 feet distant from and parallel with said Cascade Road and also 150 feet distant from and parallel with the center of Huff Road to an intersection with the present limits in Land Lot 151 of said District; thence in a southwesterly direction along the present limits to the point of beginning. In lot 169. Seventh Parcel. Beginning at a point where the existing corporate limits of the City of Atlanta intersects the line between land lots 88 and 89 of the 14th District of Fulton County anl 230 feet east of the center of Stewart Avenue; thence in an easterly direction along said land lot line to a point where land lots 88, 89, 72 and 73 corner; thence in a southerly direction along the line between land lots 72 and 89 of said district, 200 feet to a point; thence in a westerly direction 200 feet distant from and parallel with said line between land lots 88 and 89 to an intersection with the present limits in land lot 89 of said district and 230 feet east of the center of said Stewart Avenue; thence in a northerly direction along said present limits to the point of beginning. In lots 88 and 89. Eighth Parcel. Beginning at a point on the line between land lots 57 and 72 of the 14th District of Fulton County and 150 feet south of the south side of Brown Street; thence in an easterly and northeasterly direction 150 feet distant from and parallel with said south side of Brown street to the southwest corner of Brown Street and Jonesboro Road; thence in a northeasterly direction in a straight line to a point on the east side of Lakewood Avenue, and 150 feet south of the southeast corner of Lakewood Avenue and Miller Reed Avenue, (or Milton Reed Avenue); thence in a northeasterly direction, 150 feet distant from and parallel with the south side of Miller Reed Avenue to an intersection with the present limits in land lot 41 of said District, same being also the easterly right of way of the Southern Railway Company; thence in a northwesterly, southwesterly and westerly

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direction along the present limits to the line between said line between land lots 57 and 72; thence in a southerly direction along said line between land lots 57 and 72, 150 feet to the point of beginning. In lots 57 and 72. Ninth Parcel. Beginning at a point on the present corporate limits of the City of Atlanta in land lot 23 of the 14th District of Fulton County, and on the southerly right of way of the Atlanta and West Point Railroad Company, and 200 feet east of the center of South Boulevard; thence in a southerly direction 200 feet distant from and parallel with said South Boulevard to an intersection with the center of McDonough Road; thence in a westerly direction along said road to the present limits at the northwest corner of said McDonough Road and South Boulevard; thence in a northerly, westerly, northerly and northeasterly direction along the present limits to the point of beginning. In lot 23. Tenth Parcel. Beginning at a point on the line between land lots 57 and 106 of the 18th District of DeKalb County, and 200 feet east of the center of Briarcliff Road; thence in a southerly direction, 200 feet distant from and parallel with the center of said Briarcliff Road to a point directly east of the south side of University Drive South; thence in a westerly direction 200 feet to the center of said Briarcliff Road; thence in a northerly direction along said Briarcliff Road and the present limits to an intersection with the line between land lots 57 and 106 of said district; thence in an easterly direction along said land lot line 200 feet to the point of beginning. In lots 57 and 106 of 18th District of DeKalb County. Eleventh Parcel. Beginning at a point in the center of Piedmont Avenue and 200 feet distant at right angles in a northwesterly direction on the northerly side of West Rock Spring Road; thence in an easterly direction 200 feet distant from and parallel with the northerly side of said West Rock Spring Road, and also in an easterly and southeasterly direction 200 feet distant from and parallel

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with the northerly and easterly side of Biscayne Drive, to an intersection with the line between land lot 3 and land lot 51 of the 17th district of Fulton County; thence in a southerly direction along said land lot line 280 feet more or less, to a point 200 feet distant at right angles in a northerly direction from the northerly side of Rock Spring Road; thence in an easterly direction 200 feet distant from and parallel with the northerly side of said Rock Spring Road, to a point 200 feet distant at right angles in a northwesterly direction from the westerly side of Highland Avenue; thence in a northeasterly direction 200 feet distant from and parallel with the westerly side of said Highland Avenue, to an intersection with the existing limits; same being the line between Fulton County and DeKalb County; thence in a southerly, westerly and northwesterly direction along the present limits to the center of West Rock Spring Road; thence in a westerly direction along the center of said West Rock Spring Road to the center of Piedmont Road; thence in a northerly direction along the center of said Piedmont Road to a point of beginning. Further parcel. And to exclude from the corporate limits of said City the following property, included therein by an amendment to the charter of said city passed in 1924: Territory excluded. Beginning at a point on the corporate limits of the City of Atlanta in the center of Piedmont Avenue, opposite the center of Rock Spring Road; thence in a northerly direction along said limits in the center of Piedmont Avenue, to the center of Rock Spring Road; thence in a southeasterly and southerly direction along said center of Rock Spring Road to a point opposite the center of said West Rock Spring Road; thence in a westerly direction along said West Rock Spring Road to the point of beginning. 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,

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are hereby extended over and made effective in every part of the territory covered and included within the limits as prescribed by the terms of this Act. The power and authority of the officers of the City are made coextensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta. The power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for and in cases of default to sell the property upon which taxes are due, as now prescribed by charter and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the Board of Health, Police Department, City Tax Assessors and Receivers, Tax 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 with 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 indebtedness, etc. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 22, 1925. ATLANTA; TERRITORY EXCLUDED FROM LIMITS. No. 211. An Act to ammend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, by excluding from the limits of said city a certain tract of territory

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located in the vicinity of Druid Hills Section of DeKalb County, Ga., and being a portion of a certain tract of territory annexed to said city limits by an Act of the Georgia Legislature of 1924. Said tract of territory to be excluded being described as follows, to-wit: Beginning at the northeast corner of C. H. Candler's land on Briarcliff Road, which corner is also the southeast corner of Mr. and Mrs. W. E. Hancock's land, and running thence west along the dividing line between the lands of C. H. Candler and Mr. and Mrs. W. E. Hancock to C. H. Candler's northwest corner; thence continuing west to Rosedale Road at a point eleven hundred seventy-six (1,176) feet, more or less, north of the intersection of the easterly side of Rosedale Road with the northerly side of Virginia Avenue; thence continuing west across Rosedale Road to the County line between Fulton and DeKalb Counties at a point twelve hundred ninety-eight and five-tenths (1,298.5) feet more or less, north from the south line of land lot number one (1); thence north along the said County line to the northwest corner of land lot number fifty-five (55); thence east along the north line of land lot number fifty-five (55), to the northeast corner of said land lot; thence north along the dividing line between land lots fifty-six (56) and fifty-seven (57) to the northeast corner of land lot fifty-six (56) (which point is also the northwest corner of land lot 57); thence east along the north line of land lot fifty-seven (57) to Briarcliff Road; thence southerly along the westerly side of Briarcliff Road and following the curve thereof to the northeast corner of the Asa G. Candler, Jr. property; thence west along the lands of Asa G. Candler, Jr. and Metropolitan Land Company (or J. L. Turner) to the northwest corner of land of Asa G. Candler, Jr. and the lands of Mr. and Mrs. W. E. Hancock; thence south along the dividing line between the said Candler and Hancock tracts to the southwest corner of said Asa G. Candler, Jr. tract;

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thence east along the dividing line between said Candler and Hancock tracts to the northwest corner of the E. S. Gay Estate, lands; thence south along the line between the lands of E. S. Gay Estate and Mr. and Mrs. Hancock to the southwest corner of E. S. Gay Estate; thence east along the line between the lands of the E. S. Gay Estate and Mr. and Mrs. W. E. Hancock to Briarcliff Road; thence southerly along Briarcliff Road to the beginning point, said property being all located in DeKalb County, Georgia, and being parts of land lots numbers one (1), fifty-four (54), fifty-five (55) and fifty-seven (57) of the eighteenth district. 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 excluding from the limits of said City the following territory, to-wit: Act of 1874 amended. Beginning at the Northeast corner of C. H. Candler's land on Briarcliff Road, which corner is also the southeast corner of Mr. and Mrs. W. E. Hancock's land; and running thence west along the dividing line between the lands of C. H. Candler and Mr. and Mrs. W. E. Hancock to C. H. Candler's northwest corner; thence continuing west to Rosedale Road at a point elecen hundred seventy-six (1,176) feet, more or less north of the intersection of the easterly side of Rosedale Road with the northerly side of Virginia Avenue; thence continuing west across Rosedale Road to the County line between Fulton and Decounty at a point twelve hundred ninety-eight and five-tenths (1,198.5) feet, more or less, north from the south line of land lot number one (1); thence north along the said county line to the northwest corner of land lot number fifty-five (55); thence east along the north line of land lot number fifty-five (55) to the northeast corner of said land lot; thence north along the dividing line between

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land lots fifty-six (56) and fifty-seven (57) to the northeast corner of land lot fifty-six (56) (which point is also the northwest corner of land lot fifty-seven) (57); thence east along the north line of land lot fifty-seven (57) to Briarcliff Road; thence southerly along the westerly side of Briarcliff Road and following the curve thereof to the northeast corner of the Asa G. Candler, Jr. property; thence west along the lands of Asa G. Candler, Jr. and Metropolitan Land Company (or J. L. Turner) to the northwest corner of land of Asa G. Candler, Jr. and the lands of Mr. and Mrs. W. E. Hancock; thence south along the dividing line between the Candler and Hancock tracts to the southwest corner of the said Asa G. Candler, Jr. tract; thence east along the dividing line between the said Candler and Hancock tracts to the northwest corner of the E. S. Gay Estate lands; thence south along the line between the lands of E. S. Gay Estate and Mr. and Mrs. Hancock to the southwest corner of the E. S. Gay Estate; thence east along the line between the lands of the E. S. Gay Estate and Mr. and Mrs. W. E. Hancock to Briarcliff Road; thence southerly along Briarcliff Road to the beginning point, said property being all located in DeKalb County, Georgia, and being parts of Land Lots Numbers one (1), fifty-four (54), fifty-five (55) and fifty-seven (57) of the eighteenth district. Territory excluded. 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 made non-effective in every part of the territory excluded from said city limits as prescribed by the terms of this Act. It is the intention of this Act to place the said excluded territory, with relation to the City of Atlanta as a municipality, back into the same status it occupied prior to its annexation within the City limits of Atlanta under and by virtue of an Act of the General Assembly of the State of Georgia, approved August 11, 1924 (No. 402). Territory not subject to laws, etc.

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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 August 13, 1925. AUGUSTA CITY PLANNING COMMISSION. No. 326. An Act to amend an Act establishing a charter for the City of Augusta approved January 31, 1798, and the several Acts amendatory thereof, so as to provide a City Planning Commission for the City of Augusta, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing a charter for the City of Augusta, approved January 31, 1798, and the several Acts amendatory thereof, be, and the same are here by amended as follows: Act of 1798 amended. Section 1. That there shall be created as a part of the government of the City of Augusta a Commission to be known as the City Planning Commission, which Commission shall consist of four (4) citizens to be elected by the City Council, with the Mayor an ex-officio member thereof. Commission of five members, including Mayor ex-officio. Sec. 2. Said Commission shall prepare and submit to the City Council a comprehensive plan for the zoning of the City, for the purpose of suggesting the proper location of trades, industries, apartment houses, dwellings, or for the purpose of regulating the height of buildings, the area of the lot, the provision of yard space, and the fixing of building lines; and the laying out, widening, extending and parking or location of streets, sidewalks and boulevards; the relief of traffic conditions, congestion and development of housing and sanitary conditions

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and the establishment of zones or districts, suggestions concerning the use, height, area and bulk of buildings or structures, and plan for the future growth and development and improvement of the municipality. Zoning plan Sec. 3. Said Commission shall have power and authority to employ consulting advice on municipal problems and such other help as may be necessary and to pay for the services thereof, including necessary disbursements incurred by its members in the performance of their duties under the direction of such Commission, from such funds as may be pledged at the disposal of said Commission by authority of the City Council. Employment of advisers. Sec. 4. The City Council shall make such appropriations for carrying on the work of such Commission in like manner and form as appropriations are made to other departments of the City. Said Commission shall have authority to receive gifts, bequests, and devises of of property and to carry out the general purposes of the same. When such gifts, bequests or devises are made to, said Commission it shall have full, complete and final control over same, and same shall not pass into the City Treasury, or otherwise be counted a part of the revenue of the City. All officials of said city shall at all times render assistance to said Commission when it calls upon them for such service. Appropriations. Sec. 5. No ordinances 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 Council unless same shall have first been submitted to the Commission for its consideration and had a report thereon. Afterwards, the City Council 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 Commission thereon, to-wit: public buildings, as hereinstated, where undertaken by or on behalf of the City of Augusta, except school buildings; viaducts, bridges, street fixtures

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and other street structures and appurtenances; opening, widening, vacation or extension of any street. Reports on proposed ordinances. Sec. 6. Where any ordinance or resolution, relating to the matters just named, is introduced in the City Council, the Clerk shall upon its introduction, refer such ordinance or resolution to the Commission, and the Council shall not act thereon until report shall be made by the Commission as above stated, except where such report is delayed beyond a period of thirty (30) days, and Council may take it up and pass same without such report. Delayed reports. Sec. 7. The City Council may in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the City for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height 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 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 numbers of zones or districts and such districts may be of such shape and area as the City Council shall deem best suited to accomplish the purposes of zoning regulations. In the determination and establishing 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 who reside in or use buildings, the public, quasi-public or private nature of the use of the premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, moral, conveniences, prosperity or welfare. Purpose of zoning Sec. 8. No ordinance adopting zoning regulations as above authorized shall be passed by the City Council

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until after a comprehensive plan for the zoning of the City has been prepared and submitted to Council by the City Planning Commission. Whenever the City Planning Commission shall certify to the Council a plan for the zoning of the City, the City Council shall hear a public hearing thereon and shall give thirty days notice of the time and place thereof in the newspaper in which City notices are published; and during said thirty days, a copy of such plan and proposed ordinances shall be on file for public examination in the office of the said Clerk of the City Council. No ordinance, measure, or regulation which violates, differs or departs from the plan or report submitted the City Planning Commission shall take effect unless passed by a three-fourths vote of the entire Council. Hearing and Notice of plan. Sec. 9. The City Council 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 per cent, of the land in any area shall present a petition duly signed and acknowledged to the City Council, requesting an amendment to the regulations prescribed for such area, it shall be the duty of the Council to vote upon such amendment within ninety days of the filing of the same by the petitioners with the Clerk of Council. The Clerk of Council shall, immediately upon the filing of such petition, transmit a copy thereof to the City Planning Commission for report thereon. Amendments by City Council. Sec. 10. The zoning regulations shall be enforced and administered by the Inspector of Buildings of the City under the direction and regulations of the City Planning Commission. The City Planning Commission shall hear

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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. Enforcement of regulations. Sec. 11. Every final decision of the City Planning Commission shall be subject to the writ of certiorari issued from the Superior Court, upon the same terms as such writs are issued in any other case. Writ of certiorari. Sec. 12. All Acts and parts of Acts in conflict herewith are hereby repealed. Approved August 20, 1925. AUGUSTA FIREMEN'S PENSIONS; ACT OF 1923 AMENDED. No. 256. An Act to amend the Act, approved July 31, 1923, Acts 1923, pages 443 and 444, 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, Georgia, and for other purposes, as amended by the Act, approved August 11, 1924, Acts 1924, pages 450 and 451, entitled, 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 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 payment of the pension, the amount paid to such retired employees shall be one-half (1-2)

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of the salary of the position he or she once held, and for other purposes; so as to exempt present or future firemen, employed by the Fire Department of the City of Augusta from the terms and provisions, rights and benefits of the aforementioned Acts; to amend the charter of the City of Augusta, Georgia, incorporated as the City Council of Augusta, Georgia, so that it will conform to all of the terms and provisions of this Act; to provide a permanent Pension Fund for present and future Firemen of the City of Augusta out of which shall be paid Total Permanent Disability Pensions, and Retirement Pensions, and to provide how said pensions shall be paid in the event there is not sufficient money in the Permanent Pension Fund with which to pay said pensions; to define Total Permanent Disability Pensions, and how same shall be paid; to provide that one and one-half per cent of the salary of all firemen shall be deducted from their pay checks, and be deposited to the credit of said Permanent Pension Fund, and the manner of same; to construe this Act as a contract between the City of Augusta and every present or future fireman employed by the Fire Department of the City of Augusta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act, approved July 31, 1923, Acts 1923, pages 443 and 444, 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 form active service on part pay, any employee of the City of Augusta, Georgia, and for other purposes, as amended by the Act, approved August 11, 1924, Acts 1924, pages 450 and 451, entitled: 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 a way by which may be retired from active

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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 employee shall be one-half of the salary of the position he or she once held, and for other purposes; shall be amended so as to exempt present or future firemen employed by the Fire Department of the City of Augusta from the terms and provisions and rights and benefits of the aforementioned Acts; and their pensions shall be paid in accordance with the terms of this Act. Act of 1923 amended. Pensions of present and future firemen. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That in addition to amending the aforementioned Acts, this Act is intended to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, and does amend said charter in all respects and purposes, to conform to the provisions of this Act. Charter amended Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That there shall be created a Permanent Pension Fund for the City Firemen, and said fund shall be kept and accumulated only for the purposes hereinafter set out, and no warrant shall be drawn on said fund, except for the payment of pensions to firemen, and in accordance with the terms hereinafter set out. Permanent Pension Fund. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That one and one-half per cent of the monthly salary of all firemen employed by the Fire Department of the City of Augusta, incorporated as the City Council of Augusta, Georgia, shall be deducted, and deposited in said Permanent Pension Fund, and this provision shall

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be mandatory and shall govern every fireman now in the employment of the Fire Department of the City of Augusta, or that may be hereafter be employed by the Fire Department of the City of Augusta. One and one half per cent of monthly salary to be deposited. Sec. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That any fireman employed by the Fire Department of the City of Augusta, who is permanently disabled in the discharge of his duties, from performing the duties of a fireman, shall receive a pension of one-half the amount of the salary of his rank, and should the amount of the salary of the rank in which he was serving increase, when such increase takes effect, then he shall receive a pension of one-half the amount of salary the said position or rank is then commanding, said pension to be paid at the same time as salaries for other members of the fire Department. Said pension shall be paid from the Permanent Pension Fund, if there is sufficient money in said Fund to pay said pension, if not, then said pension shall be paid from the general treasury of the City of Augusta. No fireman shall be entitled to draw pension for total permanent disability unless he is declared to be eligible for said pension, as hereinafter set forth. Disabled firemen; amount of pension. Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That, Totally and Permanently Disabled shall mean that the fireman is not able, on account of disability received in the discharge of his duties as a fireman to adequately discharge the duties of a fireman, nor ever will be, and no fireman shall be declared to be totally and permanently disabled to discharge and duties of a fireman, except upon the recommendation of three reputable physicians, after examination, who shall consider the case and make their findings. One of said physicians shall be selected by the City Council of Augusta; one by the Chief of the Fire Department of the City of

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Augusta; and these two shall select the third. The recommendation of the physicians shall state that they find him totally and permanently disabled from performing the duties of a fireman or that they do not find him totally and permanently disabled from performing the duties of a fireman, and the majority report of the physicians shall govern. Totally and Per-Permanently Disabled defined. Sec. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That should the report of the physicians hereinbefore mentioned, state that they find the fireman totally and permanently disabled from performing the duties of a fireman, then said fireman shall be declared totally and permanently disabled, and entitled to draw the pension hereinbefore set out, and his right to draw said pension shall date back to the time of injury. Physician's report. Sec. 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That whenever any employee of the Fire Department of the City of Augusta shall have served for twenty-five (25) years as an employee of the City of Augusta, he shall be permitted to retire from active service on his own motion, upon one-half of the pay of his rank, or should the pay of said rank be increased, when said increase takes effect, then his pension shall be one-half of the pay that the rank then commands. The only qualification necessary for a fireman, employed by the Fire Department of the City of Augusta to draw said Retirement Pension, shall be evidence that he has served efficiently for twenty-five years as an employee of the City of Augusta, and is a fireman at the time of retirement. Such evidence shall entitle him to be eligible to draw the Retirement Pension. Retired firemen. Sec. 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That Retirement Pensions shall be paid out of the permanent Pension Fund for Firemen, heretofore mentioned,

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if there be sufficient money in said Fund; if not, then the Retirement Pensions shall be paid from the general treasury of the City of Augusta. Payment of Retirement pensions. Sec. 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That this Act shall be construed by all as a contract between the City of Augusta, Georgia, incorporated as the City Council of Augusta, Georgia, and any fireman who is now employed by the Fire Department of the City of Augusta, or who may hereafter be employed by the Fire Department of the City of Augusta. Contract between city and firemen. Sec. 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That should any part of this Act be declared unconstitutional, the remainder of this Act not declared unconstitutional shall be valid and binding. Portion held invalid not to affect remainder. Sec. 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the word fireman whenever used in this Act, shall mean regular fireman of the Fire Department of the City of Augusta, and shall include all ranks from private to Chief of the Fire Department, inclusive. Fireman defined. Sec. 13. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That all laws and parts of laws in conflict with the provisions of this Act, be and the same are, hereby repealed. Approved August 17, 1925. AUGUSTA TAX EXEMPTION ELECTION. No. 2. An Act to amend the Charter of the City of Augusta, incorporated as the City Council of Augusta, so as to provide that there shall be exempted from taxation by the taxing authorities of said City, the persons set out

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in Article 7, Section 2, paragraph 2A of the Constitution of the State of Georgia, and in the manner set forth in said paragraph; to provid the manner in which said exemptions shall be approved by the Electors voting in said City; to provide when said exemptions shall go into effect, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Charter of the City of Augusta, incorporated as the City Council of Augusta, be amended so as to provide that there shall be exempted from taxation by the taxing authorities of said City, the persons set out in Article 7, Section 2, paragraph 2A of the Constitution of the State of Georgia, upon such exemptions being approved in the manner set forth in Section 2 of this Act. Tax exemption; Art. 7, Sec. 2, Par. 2A of Constitution applied. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That as soon as practicable after the approval of this Act by the Governor, there shall be held an election by the City Council of Augusta, in the same manner as elections are held for members of the said City Council, at which election there shall be submitted the question of the approval or rejection of the said exemptions. At said election the duly qualified registered voters of said City, shall be eligible to vote. If at said election a majority of the voters above referred to, voting at said election, shall vote for exemption from taxation of the persons set forth in the said paragraph 2A of the Constitution, then said persons shall be exempt from taxation, in the manner provided for in said paragraph 2A of said Constitution. If at said election, a majority of the voters above referred to, voting at said election, shall vote against exemption from taxation of the persons set forth in the said paragraph 2A of the Constitution, then said persons shall not be exempt from taxation, in the

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manner provided for in said paragraph 2A of said Constitution. Election. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the provisions of this Act shall go into effect immediately after the results of said election above referred to are announced by the managers conducting said election, and it shall be the duty of said managers conducting said election to announce the results as soon after said election as possible, and certify the same to the said City Council of Augusta, which said certification shall be spread upon the Minutes of said City Council of Augusta. Results. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 10, 1925. AUSTELL BOND ELECTION. No. 372. An Act to authorize the Mayor and Councilmen of the town of Austell, in the County of Cobb, to order and to have held elections by the qualified voters of the said Town to determine whether or not bonds shall be issued by the said Town in sums the aggregate amount of which shall not exceed twenty-five thousand ($25,000.00) dollars, to be sold to pay for the construction, purchase, leasing, or otherwise acquiring systems of waterworks and sewerage for the benefit and use of the said Town, and for the operation and maintenance of the same to provide for the acquisition of property, both real and personal, inside and outside of the incorporate

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limits of the said Town, that may be necessary for said purposes, by purchase, condemnation, or otherwise; to authorize the issue of said bonds, and the assessing, levying and collection of a tax on all the property, both real and personal, in said Town, for the purpose of paying interest on the said bonds as well as the principal thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Mayor and Councilmen of the Town of Austell, in the County of Cobb, State of Georgia, shall have full power and authority to construct, purchase, lease, contract for, equip, operate and maintain systems of waterworks and sewerage for the benefit and use of the said Town, and the citizens thereof, and to that end shall have full power and authority to acquire by purchase, gift, or condemnation proceedings, all necessary lands, easements, and franchises, either within or without the incorporate limits of the said town. The action of the Mayor and Councilmen in declaring the necessity, property or expendiency of acquiring any such lands, easements and franchises for any purpose or purposes in this section enumerated shall be final, and the correctness of their judgment in that part particular shall never be called in question in any court of this State. Water works and sewerage. Sec. 2. Be it further enacted by the authority aforesaid, That in the event the said Mayor and Councilmen of the Town of Austell cannot procure, by purchases or gifts, the necessary lands, easements and franchises for the construction, equipping, operation and maintenance of the said systems of waterworks and sewerage, then the Mayor and Councilmen of the said town shall have the right to exercise the power of eminent domain, and to condemn such lands, easements and franchises, either within or without the incorporate limits of the said

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town, in the manner and form as provided in the Code of 1910 of the State of Georgia, Volume 4, Chapter 9, and amendments thereto. Eminent domain. Sec. 3. Be it further enacted by the authority aforesaid, That the said systems of waterworks and sewerage herein provided for shall be located at such place or places, and maintained and operated in such manner and style as the Mayor and Councilmen of said Town of Austell shall deem for the best interests of said town and its citizens; and said Mayor and Councilmen of said town shall have full power and authority to make any and all rules, regulations and ordinances relative to said waterworks and sewerage systems and the use of the same by the citizens of said town, as they may deem right and proper. Locations. Regulations to maintain. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen of the Town of Austell are hereby authorized and empowered, for the purpose of constructing, purchasing, leasing, contracting for, equipping, operating and maintaining said systems of waterworks and sewerage for said Town of Austell, to issue and sell bonds for said Town of Austell not exceeding in amount the aggregate sum of twenty-five thousand ($25,000.00) dollars, in such denominations as may be fixed by the Mayor and Councilmen of the said town, and to become due and payable at such time or times not longer than twenty-five (25) years from the date of the issuance thereof, as the said Mayor and Councilmen may determine, and to bear interest not exceeding six per cent per annum, payable either annually or semi-annually, at such time and place as said Mayor and Councilmen may determine. Said bonds shall be executed by the official signatures of the Mayor and clerk or council of the Town of Austell, and have affixed thereto the corporate seal of the said town. Bond issue. Sec. 5. Be it further enacted by the authority aforesaid, That before issuing said bonds, the question of issuing

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the same shall be submitted to the voters of the town of Austell on a day to be designated by the Mayor and Councilmen of the Town of Austell, at an election held for that purpose, notice of which said election shall be published in the newspaper in which the sheriff's advertisements for the County of Cobb are published, or in any newspaper having a general circulation in the said town, thirty (30) days before the election. All persons voting in said election shall have written or printed on their ballots the words, For waterworks and sewerage bonds, or the words, Against water works and sewerage bonds, and should the result of said election be in favor of the issuance of said bonds under the provisions of the Act approved August 20th, 1918, to amend Paragraph 1, Section 7, Article 7, of the Constitution of the State of Georgia, (Acts 1918, p. 99: authorizing the issuance of bonds by municipalities, the Mayor and Councilmen of the Town of Austell shall so declare, and issue the said bonds. Election. Sec. 6. Be it further enacted by the authority aforesaid, That at or before the time of issuing any of said bonds, the Mayor and Councilmen of the said Town of Austell shall be and are hereby authorized, directed and empowered to annually assess, levy and collect a tax on all property, both real and personal, corporate and franchise, in the incorporate limits of the said Town of Austell, in such sums as may be right, proper and necessary for the specific purpose of paying the interest on the said bonds when the same shall become due, and also to create a sinking fund sufficient to redeem and pay off such bonds at the maturity thereof; and the tax thus assessed, levied and collected shall be kept separate and distinct from all other taxes and monies of said town, and shall be used for the payment of the interest on said bonds as it may accrue and for the creation and accumulation of a sinking fund for the payment of the principal of the same, which fund, however, may be used by them

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at any time to purchase any of said bonds, provided that not more than six per cent premium is paid on them, or said fund may be invested or put on interest by the said mayor and councilmen. Tax to pay interest. Sinking fund. Sec. 7. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen of the Town of Austell shall use the proceeds of said bonds for the purpose of constructing, purchasing, leasing, contracting for, equipping, operating and maintaining said systems of waterworks and sewerage for said Town of Austell, and for no other purposes. Proceeds of issue. Sec. 8. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this Act shall be held under the same rules and regulations as govern general elections in said town, and no one shall be entitled to vote at said election who is not qualified to vote in general elections for mayor and councilmen of the said town. The superintendent of said election shall make returns in open session between nine and ten o'clock a. m. on the next day succeeding the election and declare the results thereof, which shall be entered on the book kept by the mayor and councilmen of the town of Austell for the record of their proceedings. Manner of holding elections. Sec. 9. Be it further enacted by the authority aforesaid, That should the result of the election held under this Act be against bonds, then the said mayor and councilmen of the Town of Austell shall have the power and authority to call other elections from time to time, as they may desire, and this Act shall apply to the same, and to all elections held under this Act; provided, that no other election may be held sooner than twelve (12) months after the holding of an election. Result. Sec. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 22, 1925.

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AVALON TERRITORIAL LIMITS EXTENDED. No. 179. An Act to amend the Charter of the Town of Avalon so as to extend the corporate limits of said town, and for other purposes. The General Assembly of Georgia hereby enacts: Section 1. The corporate limits of the Town of Avalon as defined and described in an Act to incorporate the Town of Avalon in the County of Stephens, approved August 9, 1909, Georgia Laws 1909, page 562, as amended by an Act of the General Assembly of Georgia, approved August 13th, 1910, Georgia Laws 1910, page 380, are extended so as to include the property of Confidence Methodist Episcopal Church South, described as follows: Territory included. All of a certain tract or lot of land in said County on the Elberton Railroad, containing one and seven tenths acres, adjoining lands of Samuel Y. Swilling and Thomas M. Looney and R. D. Yow. Also, all that tract or parcel of land, beginning on the new public road and running north parallel with the Church lot on the west side of said lot one hundred twenty-five and two thirds (125 2-3) yards; thence east nineteen (19) yards and 9 inches to the corner of said Church lot, thence south along the original line of Church lot to the new road; thence along the new road 19 yards and 9 inches to the beginning corner, containing one half (1-2) acre. Sec. 2. All laws in conflict with this Act are hereby repealed. Approved August 8, 1925.

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BAINBRIDGE CITY MANAGER GOVERNMENT. No. 108. An Act to amend the charter of the City of Bainbridge; to abolish the office of Mayor and Commissioners and certain other officers of said city, created by legislative enactment; to provide for City Manager form of government for said city; to amend a certain Act approved December 16th, 1901, entitled An Act to create a new charter for the city of Bainbridge, Georgia Laws 1901, Page 321 together with the Acts amendatory thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that in lieu of the Mayor and Aldermen of the City of Bainbridge there is hereby created and established a Board of three (3) Commissioners for the City of Bainbridge, hereinafter called the Board of Commissioners which board is hereby given all rights, powers, and authority heretofore vested in the Mayor and Aldermen, except as otherwise provided in this Act. Board of three Commissioners created. Sec. 2. Be it further enacted by the authority aforesaid that the three (3) Commissioners herein named and created shall be elected by the qualified voters of the City of Bainbridge, their qualifications to be such as are now required of Aldermen of said City. The term of office shall be for a period of four years. The three (3) Commissioners receiving the highest number of votes shall serve for the full period of four years, after which the Commissioners will be elected at the expiration of their term of office of four years. Election. Term. Sec. 3. Be it further enacted, that the Commissioners chosen under this act or becoming Commissioners under this Act shall assume office on the first day of January, 1926, and shall qualify and be inducted into office in the same manner as the Aldermen are now qualified and inducted

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into office, the word Commissioner and Board of Commissioners of the City of Bainbridge shall be used instead of Aldermen or Mayor and Councilmen being necessary to carry this into effect. Commissioners to take office Jan. 1, 1926. Sec. 4. Be it further enacted, that the Board of Commissioners at their first meeting in each year shall elect one of their number to serve as Mayor, and if unable to agree among themselves as to a Chairman then the oldest member of the Board shall serve until an agreement is reached, provided that in the event the Board is not able to reach an agreement on the choice of Mayor within 30 days after the first meeting in the year, then and in that event the Judge of the Superior Court of Decatur County shall name one of said Board as Mayor, and it shall be the duty of City Attorney to bring such matters to the attention of said Judge. Vacancies in the office of Mayor shall be filled for the unexpired term in the same manner by the Board, if such vacancy occurs. Mayor. Sec. 5. Be it further enacted that each of said Commissioners shall receive a compensation of $20.00 per month and the Mayor shall receive $40.00 per month. Compensation. Sec. 6. Be it further enacted that, in said Board of Commissioners shall be vested all the powers heretofore vested in the Mayor and Council of the City of Bainbridge except as otherwise provided in this Act. It shall have full authority to pass ordinances, levy taxes, make appropriations for all purposes not inconsistent with the laws of the State of Georgia, fix licenses, and shall have all rights and powers heretofore given the Mayor and Council except as otherwise provided in this Act, and the Mayor shall have all powers and authority heretofore vested in the Mayor of the City of Bainbridge, except as otherwise provided in this Act. Powers. Sec. 7. Be it further enacted, that the Board of Commissioners shall within thirty (30) days after their election and qualification select and appoint a City Manager,

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which office in the City of Bainbridge is hereby expressly created, which said manager shall be chosen without regard to residence or political affiliation, and shall be the administrative head of the Municipal Government. His salary shall be fixed by the Board of Commissioners and he shall hold office only at the pleasure of the Board of Commissioners, and be subject to removal at any time without notice or statement or proof of cause. He shall be selected with due regard to his experience and fitness for handling big business in an efficient and economical way, and shall be directly responsible to the Board for the efficient and economical conduct of all city departments. During his absence or disability, the Board 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. (a). To see that all laws and ordinances of said City are enforced. Powers and duties. (b). To exercise control over all the departments and divisions of the City of Bainbridge now created, or may hereafter be created by the Board except as herein otherwise provided. (c). To attend all meetings of the Board, with the right to take part in the discussions, but have no right to make motions, second motions or to vote. (d). To recommend to the Board for adoption such matters as he may deem necessary and expedient. He shall prepare and submit to the Board, at such times as they may request, or at least yearly without any request, an annual budget setting out the probable needed expenditures in all departments of the city for the ensuing year, which report shall show as nearly as can be arrived at, the probable revenue of the city from all sources. (e) To keep the Board advised as to the financial condition and needs of the City.

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(f). To supervise and direct the conduct of all officers and employees except as otherwise provided herein. (g). To supervise the performance of all contracts made by any person for work done the City, and to make all purchases of materials and supplies used by the City under competitive bids, and under such rules and regulations as the Board may adopt. (h). To appoint and discharge and fix the salary of all officers and employees in all departments except as herein otherwise provided in this Act, provided that all such terms of employment shall be made only at the pleasure of the City Manager. All such appointments shall be made upon merit, fitness and merit alone. Provided further that in the choice of employees for the City, all things being equal, bona fide residents of the City of Bainbridge shall be given preference, and any position requiring special skill and knowledge in any department, only technical employees shall be chosen for such position. (i) To perform such other additional duties, not inconsistent with those named herein, that the Board may by ordinance or resolution prescribe. Sec. 8. Be it further enacted that the Board shall each year cause to be printed in Post Search Light or the official organ of Decatur County, a detailed, itemized, synopsis statement of receipts and disbursements of the City and a summary of the preceding year. Annual Statement. Sec. 9. Be it further enacted by the authority aforesaid, that the Board may require the said City Manager to come before them at any time and answer questions, either orally or written or in writing, and may require from said city manager, at any time they see fit, written upon any matter involving the City that they may deem proper, and the City Manager shall report weekly to said Commission his general actions and doings, and shall regularly

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at stated intervals, at least quarterly, file full and complete reports of the various departments of the city. All such reports shall be filed with the city clerk and by him brought thereafter to the attention of the Board of Commissioners at their first meeting thereafter. City Manager's report. Sec. 10. Be it further enacted that the City Manager shall devote his entire time to his office as City Manager, and the members of the Commission shall devote as much of their time as may be necessary. The said Commissioners shall meet at least once a month at stated intervals, and shall hold their meetings in public except when they deem an executive session expedient; and said Board shall keep reports of their meetings and shall record all their actions, the city clerk hereby named, as the official Secretary of the Board and charged with the duty of attending and keeping the minutes of all meetings of said Board, which record and minutes shall be open to the inspection of the general public in the office of said City Clerk in the City Hall at all reasonable hours. All votes shall be taken by aye and nay and shall appear in the minutes. The Board shall be required to meet in special session as often as any two Commissioners or the Chairman or the City Manager, may request, Special meetings of the Board shall be called by the necessary Commissioners, or the Chairman, or the City Manager, filing a written request for the same with the City Clerk, stating the time for said meeting. Upon such notice being filed with the City Clerk it shall thereupon be the duty of said clerk to serve notice upon every member of the Board, and city manager, whose names are not attached to the request for such meeting to be called, said notice to be served in writing, orally, or by telephone, upon such members of the Board who are not to be found with in the city limits of Bainbridge, and upon the clerk's failure to locate any member of the Board in person, a written notice of such meetings shall be left at his place of business or residence. The same rule of service shall

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apply to the City Manager, or anyone else with whom the Board has special business to transact. Meetings of Commissioners. Sec. 11. Be it further enacted that the Board shall elect one of the Commissioners mayor pro-tem, who may exercise the routine duties of the mayor in case of the mayor's absence or inability to act for any reason. Vacancies in such appointments shall be filled by the Commissioner for the unexpired term. In case of a vacancy in the office of any Commissioner the remaining councilmen shall call an election to fill such vacancy under such provisions as are now in force relative to filling vacancies on the council of said city. Mayor pro tem. Vacancies. Sec. 12. Be it further enacted by the authority aforesaid, that no Commissioner shall before going into office promise any person to appoint him to office, or agency or employment under the city, for the violation of this provision the Commissioner shall be liable to be punished upon conviction as for a misdemeanor, the punishment to be defined by the Criminal Code of 1910, Section 1065, and in addition the office of such Commissioner shall be forfeited. Illegal promises. Sec. 13. Be it further enacted by the authority aforesaid, that the corporate name and organization of the City of Bainbridge is hereby in all respects fully preserved as defined in the original Act approved December 16, 1901, creating a new Charter for the City of Bainbridge, together with all amendatory Acts thereof, except as herein amended; and all acts not inconsistent with this Act are hereby declared continued in force. Nothing in this Act shall be construed as affecting or repealing any other Act enacted at the present session of the General Assembly affecting the City of Bainbridge, nor shall it in any wise repeal or alter the provisions of an Act approved July 16, 1925, relating to the manner in which street improvements in said city shall be paid for; and it is hereby enacted that all improvements of streets, side

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walks, alleys and other public ways in said city shall be wholly paid out of funds raised by public taxation, and that no part of the cost of same shall be assessed against the abutting owners or the abutting property. Corporate Name unchanged. Street improvements, taxes, not assessments for. Sec. 14. The police department shall be under the direct management and control of the city manager, the chief of police to be appointed by said city manager, and all policemen to be appointed by the chief of police by and with the consent of the City Manager. The office of the chief of police and policemen shall be held at the pleasure of the City Manager, however, they shall have the right of appeal in any case of dismissal to the Board of Commissioners whose decision upon appeal shall be final. The salary of the chief of police shall be fixed by the City Manager. The chief of police shall be directly responsible to the City Manager for the conduct of his department, and for the enforcement of all laws and ordinances. Supplies for the police department shall be purchased through the City Manager at the request of the Chief of Police and with the approval of the City Manager, subject to the provisions of this Act. Police department. Sec. 15. Be it further enacted that the Chief of Fire Department shall be chosen by the City Manager, and all firemen and other employees of this department shall be appointed by the chief of the fire department by and with the consent of the City Manager. The salary of the Chief of the Fire Department, and firemen and other employees of this department shall be fixed by the City Manager, the chief of the fire department shall be held directly responsible to the City Manager for the proper conduct of his department. The office of the chief of the fire department and firemen shall be held at the pleasure of the city manager, however, they shall have the right to appeal in any case of dismissal to the Board of Commissioners whose decision upon appeal shall be final. Fire department.

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Sec. 16. The City Manager shall be purchasing agent for the city by whom all purchases of supplies and all contracts for printing shall be made, and he shall sign all vouchers for the payment of same under such rules and regulations as the Board of Commissioners may by ordinance prescribe. In the capacity of purchasing agent for the city he shall conduct all sales of personal property of the city which the Board may authorize to be sold and which may have become unnecessary or unfit for the city's use. The Board of Commissioners shall by ordinance prescribe rules and regulations for the purchase of supplies under competitive bids and the City Manager shall be governed thereby. Provided that the Board of Commissioners may by ordinance prescribe who shall sign vouchers for the paying out of the City funds and under what rules and regulations. Purchase of supplies. Sec. 17. Be it further enacted that no member of the Board of Commissioners, the City Manager nor any official or employee of the city shall be directly or indirectly interested in any contract, job, service with or for the city, nor, in the profits or emoluments thereof, (except in their own salaries from the city) and any contract on the part of the city which violates this section may be declared null and void by the said Board of Commissioners. Illegal contracts, etc. No member of the Board of Commissioners, the City Manager nor other officer or employee of the city, shall knowingly accept any gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility, or engaged in any business of a public affair nature within the city, or from person, firm, or corporation seeking to sell or which may desire to sell supplies to said city, perform service for, or make a contract with said city. Provided that this section shall not be construed to prevent officers and employees of the police or fire department from entering on the premises in the discharge of their official duties or from preventing the

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acceptance by any official or employee of railroad passes, express or telephone and telegraph franks to which entitled legally otherwise and not received as officials or employees of the city. Illegal passes, etc. Neither the City Manager, nor any other official or employee of any department under him shall take part, or contribute any money, toward the election or nomination of any person as Commissioner of said City, except to answer such questions as may be put and that they may desire to answer. Any violation of this section shall subject offender to removal from office. Officials not to participate in elections of Commissioners. Sec. 18. The Board of Commissioners herein created, or any committee thereof, shall have the power at any time to cause the affairs of any department to be investigated or the conduct of any official or employee of the city to be investigated, and for such purpose shall have full authority to summon witnesses, compel the production of books and papers, or other documents, and for that purpose may issue subpoenas which shall be signed by the Mayor, or of the committee making the examination, and any person refusing to respect such subpoenas at the said investigation, shall be guilty of contempt, and shall be punished the same as for contempt now prescribed in the police court of the city. Investigations. Sec. 19. All vested rights of the city shall continue to be vested and shall not in any manner be affected by the provisions of this Act, nor shall any right or liability or pending suit or prosecution by or against said city in any manner be affected by this Act, but shall survive. All contracts entered into by the city shall continue until lawfully terminated, and all public work begun prior to the taking effect of this Act continue until lawfully terminated or completed. Vested rights, contracts, etc., not affected. Sec. 20. The present method of taxing property for taxation of said city, of making assessments for this purpose, levying and collecting the same including all present

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means of revenue and licenses shall continue in force until otherwise provided or changed by ordinance of the Board under the provisions of this Act. Present method of taxation to continue. Sec. 21. The city clerk and city treasurer shall be apresponsible to the City Manager, and they shall be directly responsible to the City Manager for the proper conduct of their offices. The salary shall be fixed by the City Manager. The office of the city clerk and city treasurer will be held at the pleasure of the City Manager, however, they shall have the right to appeal in any case of dismissal to the Board of Commissioners whose decision shall be final. The city clerk shall perform such duties as are now required of him and not inconsistent with this Act. His salary shall be in full for all services, and any cost for issuing fi. fas. shall be paid by the City Treasurer. Clerk and treasurer. Sec. 22. The Board of Commissioners shall appoint, elect and fix the compensation of the city attorney, subject to removal at the pleasure of the Board. His duties shall be such as are now imposed upon him by the laws and ordinances of the city of Bainbridge and such other duties as this Act may prescribe, or the Commission may by ordinance prescribe. Attorney. Sec. 23. The Board of Commissioners shall by ordinance provide that all moneys and funds coming into any department, or the hands of any official, or employee and belonging to the city shall be turned into the City Treasury as often as may be practicable, for which the said City Treasurer shall keep accurate record and issue valid receipt to the department or official making such deposits. Wherever practicable such deposits shall be made with the city treasurer daily and the city treasurer may be required by the board or the city manager at any time to prepare a financial statement of his affairs. Funds. Sec. 24. Be it further enacted that it shall be lawful for the Board of Commissioners to require bond of any city official employee handling funds, or authorizing the

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payment of funds, in such amount as they may by ordinance provide. It shall be lawful for the city to pay for the writing of such bond or bonds. The Board of Commissioners shall have the books of said city audited at least once a year by a certified public accountant. Bonds. Sec. 25. Be it further enacted that the Board of Commissioners shall adopt the same parlimentary procedure as now used by the Mayor and the City Council with power to amend the same in any manner by ordinance. Provided that the presence of at least three Commissioners shall be necessary for a quorum for the transaction of city business, and two votes considered a majority to affect action. Two Commissioners however, may meet and adjourn from time to time. Procedure of Commission. Sec. 26. Be it further enacted by the authority aforesaid, that the city of Bainbridge through its proper officers shall have the authority to buy property at all tax sales, provided the same does not bring enough to pay all taxes, costs, advertising fees or any other expense connected with the sale of said property. Buying of property. Sec. 27. Be it further enacted that the office of the City Marshal is hereby created, and he shall be appointed to that position by the City Manager, who shall fix his salary. The Marshal shall hold his position at the pleasure of the City Manager. However, he shall have the right to appeal in any case of dismissal to the Board of Commissioners whose decision shall be final. The City Marshal shall be named from one of the policemen of said city who shall collect all tax fi. fas. and see that all licenses due the city are collected and in case of default in the payment of the licenses, to bring the parties so defaulting before the proper authority, to see that peddlers and any one else subject to taxes under the special tax ordinance pay the proper license, and in default see that they are brought before the proper authority to advertise and sell all property for taxes. He shall perform such other

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duties as the Board of Commissioners may by proper ordinance or resolution prescribe. The City Marshal shall turn all cost of collection of fi. fas. ovr to the city treasurer, and the compensation that he receives by reason of his office as policeman and marshal shall be in full and no fees, costs or other emoluments shall be paid him. City Marshal. Sec. 28. Be it further enacted that any or all members of the Board of Commissioners may be removed from office by the election of the City of Bainbridge by the following procedure: A petition for the recall of the Commissioners designated, signed by at least one hundred of the electors of the city and containing a statement in not more than two hundred words of the grounds of the recall, shall be filed with the clerk, who shall forthwith notify the Commissioner to be recalled, and he shall within five days after such notice, file with the city clerk a defensive statement in not exceeding two hundred words. The city clerk shall at once, upon the expiration of said five days, cause sufficient number of printed or typewritten copies of such petition, without the signatures, to be made and to each of them he shall attach a printed or typewritten copy of such defensive statement, if one is furnished him within the time stated. He shall cause copies of such petition to be placed on file in his office, and provide facilities there for signing same, and he shall immediately cause notice to be published in the official organ of Decatur County of the placing of such petition. Such copies of such petition shall remain on file in the place designated for a period of thirty days during which time any of them may be signed by an elector of the city in person; but not by an agent or attorney. Each signer of any such copy shall sign his name in ink or with indellible pencil and shall place thereafter his residence and street number. Commissioners, how recalled. Sec. 29. Be it further enacted that at the expiration of said period of thirty days the clerk shall assemble all of said copies in his office as one instrument and shall examine

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the same and ascertain and certify thereon whether the signatures thereto amount to at least twenty-five per cent of the registered voters of the city. If such signatures do amount to such percent, he shall at once serve notice of that fact upon the Commissioner sought to be recalled in the petition, and also deliver to the Board of Commissioners a copy of the original petition, with his certificate as to the percentage of registered voters who signed same, and a certificate as to the date of his last mentioned notice to the Commissioner designated in the petition. Petition. Sec. 30. Be it further enacted that if the Commissioners designated in the petition, file with the City Clerk within five days after last mentioned notice of his written resignation, the city clerk shall at once notify the Board of Commissioners of that fact and such resignation shall be irrevocable, and the Board of Commissioners shall proceed to fill the vacancy. In the absence of any such resignation the Board of Commissioners shall forthwith order and fix a day for holding a recall election for the removal. Any such election shall be held not less than thirty days nor more than sixty days after the expiration of the period of five days last mentioned. Resignation. Vacancy. Sec. 31. Be it further enacted that the ballot at such election shall conform in 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 Board of Commissioners by recall. Immediately following each question there shall be printed on the ballots the two propositions in the order here set forth: Election to recall. For the Recall (Name of Person). Against the Recall (Name of Person). Immediately following and to left of each of the propositions shall be placed a square on which the electors,

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by making a cross mark (X), may vote either of such propositions. Sec. 32. Be it further enacted that whenever necessary to carry the terms of this Act into effect and harmonize the same with the present charter the words Board of Commissioners for the City of Bainbridge shall be read in place of Mayor except where to do so would be to render void some particular provisions of this Act. Board of Commissioners read in place of Mayor, when. Sec. 33. Be it further enacted that by the authority aforesaid this Act go into effect the same shall be ratified at an election to be held on the first Wednesday in September, 1925, by the qualified voters of the City of Bainbridge. The present registration books of the City of Bainbridge shall be used, at said election and if this Act is ratified by a majority of those voting at same election, the provisions of this Act shall go into effect on the first day of January, 1926. The ballot furnished voters of this election shall have printed thereon For City Manager Form of Government and Against City Manager Form of Government. Said election shall be held under laws, rules and regulations now governing elections. Election to ratify Sec. 34. Be it further enacted by the authority aforesaid, that should a majority of those voting in said election vote for the ratification of this charter, then an election shall be called in the manner now prescribed for holding elections, which said election shall be held on the first Wednesday in December, at which election the three commissioners shall be chosen as the Board of Commissioners to hold their offices as hereinbefore enacted. The general election for Commissioners shall be held as hereinbefore enacted on the first Wednesday in December every second year. Election of Commissioners. Sec. 35. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1925.

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BAINBRIDGE; SALE OF PLANT. No. 255. An Act to authorize the municipal government of the City of Bainbridge to sell, lease, or otherwise dispose of the municipal plant for the distribution of electricity, 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: Section 1. That the Mayor and Aldermen of the City of Bainbridge be, and they are hereby empowered and authorized, if they so desire, to sell, lease, or otherwise dispose of the plant or system owned and used by the City of Bainbridge for the distribution of electricity for the purpose of light and power, including all machinery, equipment, poles and wires used in connection therewith for the transmission and distribution of electricity to consumers of light and power, also including any real estate appurtenant thereto, such sale, lease or other disposition of said plant or systems to be made in such manner and form as may be designated or pointed out by the Mayor and the Aldermen of the said City of Bainbridge by ordinance. Sale authorized. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved August 17, 1925.

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BAINBRIDGE SCHOOL TAX. No. 27. An Act to amend the amendment of the Bainbridge School Tax Act approved Juy 27, 1920. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, that an Act approved July 27, 1920, entitled an act to amend an act approved September 26, 1879, authorizing the authorities of the corporation of the City of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Bainbridge, and for other purposes, be and the same is hereby amended by striking from the first section thereof the words one half of one per cent and inserting in lieu thereof the words seven-tenths of one per cent, so that when said section is amended the same will read as follows: Act of 1920 amended. Be it enacted by the General Assembly of the State of Georgia (the corporate authorities having so recommended) that the corporation of the City of Bainbridge, Decatur County, Georgia, is hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed seven-tenths of one per cent for the purpose of establishing and maintaining public schools in the municipality of Bainbridge, Decatur County, Georgia; provided that the sum so raised shall be used only for the purpose as set forth in this section. To be read. Tax rate. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 21, 1925.

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BAINBRIDGE STREET IMPROVEMENTS. No. 4. An Act amending the charter of the City of Bainbridge. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the charter of the City of Bainbridge is hereby amended consistent with the provisions hereof, and any conflicting provisions in said charter are hereby repealed. Charter amended. Sec. 2. That on and after the passage of this Act whenever the municipal authorities of said city shall in their discretion deem it wise or proper to improve or pave any of the streets or sidewalks or public ways of said City, the whole cost and expense of the same shall be paid by the City out of the funds in the treasury of the City, and the adjoining property owners shall not be liable to pay any portion of the same and any provision in the charter of said City of Bainbridge providing for the assessing of any part of the cost of such improvement or paving against the abutting property or property owners is hereby repealed. Payment from treasury. Approved July 16, 1925. BARNESVILLE BOARD OF EDUCATION CREATED. No. 278. An Act to amend an Act incorporating the Barnesville Male and Female High School, approved January 20th, 1852, as amended by the Act approved December 17th, 1894, changing the name of said institution of learning to Gordon College; to change the name of the corporation; to increase its Board of Trustees to eleven members by adding two additional members; to authorize

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said college to confer diplomas and degrees; to confer additional powers and privileges upon said Board and said College; to authorize and empow[UNK]er said Board of Trustees to operate, govern and control a system of public schools in and for the City of Barnesville, Georgia, and for other purposes, so as to deprive said Board of Trustees of the management and control of the public school system of said City of Barnesville; to provide for the election of a Board of Education to be charged with the duty of operating, governing and controlling the public school system of said City of Bainbridge; to prescribe the rights, powers and duties of said Board, their terms of office, 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 same, that the Act entitled An Act incorporating the Barnesville Male and Female High School, approved January 20th, 1852, as amended by the Act approved December 17th, 1894, changing the name of said institution of learning to Gordon College; to change the name of the corporation and increase its Board of Trustees; to confer additional powers and privileges upon said board of said college; to authorize and empower said Board of Trustees to operate, govern and control a system of public schools in and for the City of Barnesville, Georgia, and for other purposes, approved January 20th, 1852, be and the same is hereby amended by striking all of Section 6 of the said Act. Act of 1852 amended. Sec. 2. Be it further enacted by the authority aforesaid, that a Board of Education is hereby constituted and created for the operation, government and control of the Public School System of the City of Barnesville, said Board of Education to be composed of six members to be selected at an election, by the qualified voters of the said City of Barnesville, in an election to be called by the Mayor of said city within a period of sixty days from the passage of this Act notice of which election shall be given

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by said Mayor in a local newspaper for a period of two weeks prior to said election; of the six members of said Board of Education two shall be elected to serve for two years; two for a term of four years and two for a term of six years. And thereafter, at each city election for Mayor there shall be likewise elected two members as successors to those members whose terms of office are expiring. Board of six members created. Election and erms. Sec. 3. Be it further enacted by the authority aforesaid, that the qualifications of the voters, and the rules governing the election of the said members of said Board of Education shall be the same in all particulars as now govern in elections for Mayor of said City of Barnesville. Rules governing election. Sec. 4. Be it further enacted by the authority aforesaid, that the Barnesville Board of Education, elected under the provisions of Section 2 of this Act shall meet and organize within thirty days after such election by electing one of their members as Chairman, and one as Secretary and Treasurer, whose terms of office shall be coincident with their terms as members of said Board; the duties of said officers shall be such as usually appertain to such offices; and said Treasurer shall give bond in some Guaranty Company authorized by law to do business in this State, in such amount as may be required by said Board. And the said Treasurer shall furthermore be required to publish quarterly in some local newspaper a full and complete statement of his receipts and disbursements. Meeting. Officers. Sec. 5. Be it further enacted by the authority aforesaid, that the said Board of Education shall become the legal successor of any existing Board of Education or Board of Trustees of the Barnesville Public School System. Legal successor of existing board. Sec. 6. Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict with the

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provisions of this Act be and the same are hereby repealed. Approved August 18, 1925. BAXLEY; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 281. An Act to amend an Act approved August 21, 1911, creating a new charter for the City of Baxley and all acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell, and to sell said City's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility, to grant local public utility franchises and use of streets and public places 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 from and after the passage of this Act, an act creating a new charter for the City of Baxley, approved August 21, 1911, and all acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1911 amended. The Mayor and Council of Baxley are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said City, and to cease operation of such

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utility, and to convey good and clear title thereto by deed of the City executed by its Mayor. Sale authorized; grant of franchises. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1925. BLACKSHEAR; RECORDER'S COURT; SEWERS. No. 52. An Act to amend an Act entitled `An Act to create and incorporate the City of Blackshear, in the County of Pierce; and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said City to issue bonds and other evidences of debt for public purposes; to declare and define the police powers of said city, and to provide for other matters of municipal regulation, concern, and welfare, and for other purposes', approved August 15th, 1911. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the City Council of Blackshear may, at its option, elect a recorder to preside in the police court of said city for a term not longer than one year and at such compensation as may be fixed by Council. If such recorder is elected by Council, he shall have all the powers of the Mayor under the present laws in force applicable to said city in so far as the police court of said city is concerned, and, in that event, the Mayor shall not have anything further to do with the said police court. Such recorder shall hold said office subject to the right of the

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City Council to suspend, remove or dismiss him as now provided by law in regard to other officers of said city elected by the City Council. Option of City to elect Recorder. Sec. 2. That the City Council shall have the power to compel all persons within the limits of said city to connect with the sewer mains all water closets, urinals, and privies upon the real estate or in the buildings thereon, owned by such persons, subject to all laws now in force in said city applicable to such sewer connections, except that the distance in which such connections may be compelled is extended and shall include all closets, urinals or privies within five hundred feet of any sewer main of said City, and where the residence of a person is within five hundred feet of a sewer main he may be compelled to install and connect a closet with said sewer main and do away with any closet, urinal or privy not connected with said sewer main although it may be a greater distance from such main. Connection of drains, power to enforce. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1925. BLUE RIDGE; REGISTRATION OF VOTERS. No. 12. An Act to amend an Act to amend, consolidate and supersede the several acts incorporating the City of Blue Ridge, in the County of Fannin, State of Georgia; to create a new charter and Municipal Government for said corporation; to declare the rights and powers of the same, and for other purposes, approved August 6, 1908; so as to provide a permanent qualification book for qualified voters of the said City of Blue Ridge, and to provide for the registration of such qualified voters,

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and to provide for the appointment of City Board of Registrars for the said City of Blue Ridge, and to define their powers and duties. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that Sections 69 and 70 of the Act creating a new Charter for the City of Blue Ridge, Fannin County, Georgia, approved August 6, 1908, be, and the same are, hereby repealed. (Acts of the General Assembly, 1908, pages 453 and 454.) Act of 1908 amended. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the City Clerk of the City Council of the City of Blue Ridge shall be required to keep a book, to be called the Permanent Qualification Book, upon which all persons desiring to qualify as voters shall be required to qualify as now required by the laws of this State, and especially the laws governing the City of Blue Ridge. Such voters, upon qualification, shall sign their names in alphabetical order, and shall be subject to examination by the City Board of Registrars, in the manner hereinafter provided. Said Permanent Qualification Book shall be in the custody and possession of the City Clerk of the City of Blue Ridge, and shall be available during the office hours of the said City Clerk, for any qualified voter or voters who may desire to register at any time. It shall be the duty of the clerk, upon application, in person, and not by proxy, of any citizen who is qualified to vote for members of General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the City of Blue Ridge, and who upon day of the election, if then a resident, will have resided in said City of Blue Ridge for one month prior thereto, to allow such person to register his or her name and color, recording on such permanent registration book, besides the applicant's name, his or her age, and occupation, or business. Said clerk shall not knowingly permit anyone to register who is not lawfully

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entitled to do so, and shall in every case before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in Fannin County six months, and in the City of Blue Ridge one month next preceding this registration, or that by the date of the next City election, if still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of the City until the day of the election; that you are twenty-one years old; that you have paid all taxes due the City of Blue Ridge, and all taxes required by the laws of the State of Georgia, except taxes for this year, and that you have made all returns required of you by the ordinances of this city; so help you, God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said permanent qualification book, and to require the applicant for registration to swear to said oath and sign his name thereto or by someone authorized to do so for him; that such voters who have qualified and have signed the Permanent Qualification Book shall not thereafter be required to register or further qualify except as may be required by the City Board of Registrars, and such voters shall in all cases be entitled to receive the same notice and shall have the same rights as given by law under the provisions of this Act; provided that no person shall remain registered longer than he or she retains the qualification under which he or she registered. Permanent Qualification Book. Registration. Oath. Sec. 3. Be it further enacted by the authority aforesaid, that no voter shall be entitled to vote in the general election for mayor and council, to be held on the second Saturday in December in each year, after the passage of this Act, unless such voter was registered upon said Permanent Qualification Book on the twentieth day of November of each year. For any intermediate or special elections in said City of Blue Ridge for any purpose, no

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voter shall be permitted to vote in any intermediate or special elections who has not registered upon said Permanent Qualification Book at least ten days before such special or intermediate elections are held in said City for any purpose. Time of registration. Sec. 4. Be it further enacted by the authority aforesaid, that on or before the twentieth day of November of each year, after the passage of this Act, it shall be the duty of the Mayor and Council of the City of Blue Ridge to appoint three competent persons, who shall be qualified voters of said City of Blue Ridge, who shall constitute the Board of City Registrars for said City of Blue Ridge. Before entering upon his duties, each of the said city registrars shall take the following oath before some officer authorized to administer oaths under the laws of this State, to-wit: I do solemnly swear that I will faithfully and impartially discharge to the best of my ability the duties imposed upon me by law as City Registrar for the City of Blue Ridge. Said oath shall be filed with the city clerk. On the twenty-first of November, or as soon thereafter as practicable, it shall be the duty of the said city board of registrars to meet at the office of the clerk of the City of Blue Ridge, and at their first meeting they shall elect a Chairman of said Board, and the City Clerk of the City of Blue Ridge shall be ex-officio clerk of said Board of City Registrars, and it shall be the duty of said city clerk to furnish to said board of city registrars the Permanent Qualification Book, in which shall appear the names of all persons who have registered upon said Permanent Qualification Book, and it shall also be the duty of the said city clerk at the same time to furnish to said board of registrars a complete list of all persons who are registered upon said Permanent Qualification Book who are tax defaulters or who have not paid all taxes of every character legally imposed and demanded by the authority of the City of Blue Ridge. It shall be the duty of said city registrars to inspect and examine said

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list carefully, and if it shall appear to them that any person or persons whose names appear upon said Permanent Qualification Book is not a legally qualified voter of the said City of Blue Ridge, it shall be the duty of said registrars to serve notice upon such person that his right to have his or her name remain upon said Permanent Qualification Book is challenged by said Board of Registrars. Said notice shall be served upon such person or persons who may be challenged, by the City Marshal of the City of Blue Ridge, in person, at least three days before the time fixed for the hearing before said Board of Registrars. Said notice shall be prepared in duplicate, and the said City Marshal shall make his entry upon the original notice and serve the copy upon such person challenged. Said notice shall be directed to the person challenged, and shall bear the name of the Chairman of the Board, and shall be signed by the City Clerk, and said notice shall state the place and date and hour when said voter will be heard as to his right to have his or her name appear upon said Permanent Qualification Book, and said notice shall state that said Board of Registrars challenges the right of the name of such person to remain upon said Permanent Qualification Book. If such person challenged shall fail to appear at the time and place fixed in the notice, said Registrars shall have the right and power to proceed ex-parte to determine whether or not said person's name shall remain upon said Permanent Qualification Book, but if such person shall appear, he or she shall have the right to submit evidence and to be heard as to his or her right to have his or her name remain upon said Permanent Qualification Book. The action of said City Board of Registrars in passing and determining as to whose name shall remain upon said Permanent Qualification Book shall be final, and no person shall be permitted to vote in any general or special election except such voters whose names are certified to by said City Board of Registrars as being the persons whose names appear upon said Permanent Qualification Book

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as legally qualified voters for said City of Blue Ridge. After said City Board of Registrars have completed their investigation and all hearings as to such voter or voters challenged, it shall be the duty of said City Board of Registrars to make up and furnish to the City Cerk a list of the names of such voters whose names are upon the Permanent Qualification Book, and said City Clerk shall, on the morning of any general or special election, before the polls are opened, deliver said certified list received by him from said Board of Registrars to the managers of said election, along with other election papers, and no person shall be permitted to vote in said general or special election whose name does not appear upon said certified list so furnished by said Board of Registrars. For any intermediate or special election held in said City of Blue Ridge for any purpose, said Board of Registrars shall meet within ten days before such special or intermediate election and shall purge said list of the names of any persons whose names appear upon said Permanent Qualification Book, and certify the same to the City Clerk, in the same manner as herein provided for purging said list of voters for any general election. In determining as to the names of persons to remain upon said Permanent Qualification Book, it shall be the duty of said City Board of Registrars to examine the books and records of the Tax Collector of Fannin County, Georgia, and ascertain if any person or persons whose names appear upon said Permanent Qualification Book are not qualified to vote for members of the General Assembly of this State. The compensation to be received by said City Board of Registrars shall be fixed by the Mayor and Council. Board of Registrars. Oath of office Duties Notice to person challenged Examination of Tax records. 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 18, 1925.

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BLUFFTON PUBLIC SCHOOLS ESTABLISHED. No. 133. An Act to establish a system of public schools in the Bluffton school district in the County of Clay; to provide for school authorities; to provide for the maintenance of same; to define and set out the duties of the officials of said district; to give the territorail lines of said district; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that there shall be established in the County of Clay the Bluffton school district conducted and maintained as hereinafter prescribed. School district established. Sec. 2. Be it further enacted, that the board of education of said school district shall be composed of five members and the present trustees of the Bluffton High School shall serve as said school board until the first of July, 1926, and until their successors are elected. On the first Wednesday in June, 1926, and biennially thereafter there shall be elected by the qualified voters residing in said district the limits to be hereinafter described, successors to the present trustees to serve on said board. The term of office of the members so elected shall begin on July 1st, 1926. Two members shall be elected for one year two for two years and one for three years, after the first election all other elections, except to fill vacancies for unexpired terms, shall be for two years. The place of holding the elections for the purpose of electing said board members shall be at the Justice Court House in said town of Bluffton. Board of Education. Sec. 3. Be it further enacted, that the officers of said board of education shall be a president, vice president, and secretary and treasurer elected from members of the board; the secretary and treasurer and such other officers as shall be created and elected shall receive such compensation as the board may fix. Officers.

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Sec. 4. There shall be paid to the Board of Education of the said school district by the State School Superintendent all funds coming to the children of school age living within the confines of said district and all moneys collected under a state wide local tax or any special or district school tax on the property situated in said district shall be paid over to said board by the person or persons collecting said funds and moneys. Funds. Sec. 5. The board of education of the said district shall have the same authority, jurisdiction, and powers in respect to schools and educational matters of every nature within said school limits as county boards of education now have under the laws of this State in their respective jurisdictions. Powers. Sec. 6. The said board of education may elect from their membership a superintendent who shall have the same powers and duties as county school superintendents now have under the laws of this State. Superintendent. Sec. 7. The limits of the said Bluffton school district shall be as follows: Commencing at a point on the east line of lot of land numbered 340 in the fourth land district of Clay County, Georgia, midway between the north-east and the southeast corners of said lot numbered 340 and running due west through lots 340, 367, 380 and 407, of said fourth land district to the west line of said lot 407; thence south to the southwest corner of lot of land numbered 7 in the fifth land district of said county of Clay; thence west along the southern boundary of lots numbered seven and thirty-four to the southeast corner of lot of land numbered forty-seven; thence north to the northeast corner of said lot 47; thence west to the southeast corner of lot numbered 75; thence north to the northeast corner of lot numbered 76; thence west to the northwest corner of said lot numbered 76; thence south to the southwest corner of lot 76; thence west corner of lot 126; thence south to the southwest corner of lot 128; thence

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west to the northwest corner 249; thence due south to the southwest corner of lot 253; thence due east along the southern boundaries of lots 253, 228, 213, 188, 173, 148, 133, 108, 93, 68, 53, 28, and 13 in the fifth land district of said county of Clay; thence along the southern boundaries of lots 401, 386, and 361, in the fourth land district of said county of Clay; thence north along the east boundaries of lots 361, south half of 362, 345, 344, 343, 342, 341 and to the midway point of the east line of 340, the point of beginning. Limits of district. Sec. 8. That all laws and parts of laws in conflict herewith are expressly repealed. Approved August 4, 1925. BLUFFTON SCHOOL DISTRICT ABOLISHED. No. 131. An Act to abolish the Bluffton School District in the County of Clay and for other purposes by striking section eighteen of the Act approved December 18th, 1901, and repealing the Act of 1923 as found on page 501 of the Acts of 1923 and approved on August 18th, 1923. Section 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 eighteen of the Act approved December 18, 1901, known as the amendment to the Charter of the Town of Bluffton be stricken, and that the Act approved August 18th, 1923, as found on page 501 of the Acts of 1923, be and the same is hereby repealed. Act of 1923 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that any laws in conflict with this act are hereby repealed. Approved August 4, 1925.

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BREMEN CHARTER AMENDED. No. 249. An Act to amend an act to incorporate the city of Bremen, in Haralson County, Georgia, so as to authorize and empower the Mayor and Council to levy a tax for school purposes, if necessary of seven and one-half mills, ad valorem, provided the same is approved by a majority of the qualified voters of said city of Bremen. To provide for an election to determine whether or not the mayor and council shall have the authority to levy said seven and one-half mills for school purposes. Also to further amend said charter of the City of Bremen so as to change the time of the election of the mayor and council of said city of Bremen and to fix the time when said mayor and council shall go into office and when they shall go out of office. Also to provide for the election of said board of education, fix the time and manner of election of said board of education and to fix the term of office of said 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 the same, that the act entitled an Act to amend the Charter of the City of Bremen, adopted August the 22nd, 1907, and all amendatory acts thereof, be and the same is hereby amended as follows: By striking from Section 18 of the Acts of the General Assembly of 1907 page 481, the following words to-wit: One-half of one per cent and by inserting therein in lieu thereof the following words, to-wit: Seven and one-half mills so that said section shall read as follows: Act of 1907 amended. Be it further enacted by authority aforesaid that if the election provided for in this amendment to said Charter shall be in favor of local taxation for public schools then the mayor and city council of the City of Bremen shall be authorized and empowered to assess, levy and

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collect a tax on all the taxable property of every kind whatever, in said city, which together with the ad valorem tax assessed for other purposes in said city shall not exceed one and three-quarter per cent, the amount of which school tax shall always be specified in the ordinance levying the same, which said school tax shall be used exclusively for the purpose of establishing and maintaining said school, which tax for school purposes shall not exceed seven and one-half mills in any year. Sec. 18 read. School tax rate. Sec. 2. Be it further enacted, that any time after the passage of this Act and approval by the Governor, that the mayor and council of said City of Bremen may call an election in said City of Bremen to determine whether the foregoing amendment shall go into effect, which election shall be held as elections are held in and for said city, for mayor and council, and the qualified voters shall be the same as in the election of mayor and council for said city. Notice of which shall be given at least twenty days prior to said election by publication in two issues of any newspaper published in said city, or by posting said notice in three conspieuous places within said city. Election to ratify Sec. 3. Be it further enacted, that the voters at said election shall have written or printed on their ballots, For school tax of seven and one-half mills, or Against school tax of seven and one-half mills. Ballots. Sec. 4. Be it further enacted by the authority aforesaid, that if a majority of the voters at said election shall vote in favor of the increase of said school tax to seven and one-half mills the mayor and council shall be authorized and empowered, and it shall be their duty, if the same be necessary, to levy a tax of seven and one-half mills for school purposes, for the year 1925, and each and every year thereafter, provided this Act is ratified as provided for herein. Result. Sec. 5. Be it further enacted, that said election herein provided for, as specified herein, when called by the Mayor

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and Council and so held that the returns of same shall be made to the Mayor and Council who shall declare the results. Returns. Sec. 6. Be it further enacted that in the event said election so called and so held to determine whether or not said tax of seven and one-half mills be assessed and levied as herein provided, shall be against the levy of said tax, then another election for said purpose may be held within six months, to determine said question of the levy of said tax of seven and one-half mills, for school purposes, and authority is hereby given said mayor and city council to call an election every six months hereafter, for the purpose of ratifying and determining whether said levy shall be made or not. Second election in six months. Sec. 7. Be it further enacted by authority of the same, that section four of the Charter of the City of Bremen as appears in the Acts of the General Assembly of Georgia, in the Acts of 1898, page 137, be and the same is hereby amended, by striking from said section four of said Acts, the following words, to-wit: Saturday after the first Monday in January of each year; and insert instead of said words so stricken, the following words, to-wit: On the first Saturday in December and every two years. Act of 1898 amended. Election of officers. Sec. 8. Be it further enacted by authority aforesaid, that section four of said charter of said City, Acts of the General Assembly of Georgia of 1898, page 137, be and the same is hereby amended by striking the words, one in the sixth line of said section and by inserting in lieu thereof, the word Two so that said section four of said charter of said city of Bremen, as appears in the Acts of the General Assembly of Georgia, Acts of 1899, page 137, when amended shall read as follows: Sec. 4 read. Be it further enacted, that after the passage of this Act the Mayor and Council of the said City of Bremen shall go into office and assume the duties of Mayor and Council of the City of Bremen on the first day of January,

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after election, and shall hold their said offices for the term of two years each, and if the said first day of January should fall on Sunday, then the said Mayor and Council of the said City of Bremen shall go into office on the Monday following. Mayor and Council to take office, when. Sec. 9. Be it further enacted by the authority aforesaid, that section 8 of the amendment to the charter of said City of Bremen, Georgia, as appears in the Acts of the General Assembly of Georgia, Acts of 1907, page 478, be and the same is hereby amended by striking the word three in the sixth line of said section and inserting in lieu thereof the word five. Also to further amend said section by striking from said section 8 lines: 12, 13, 14, 15, 16, 17 and all of that part of line 18 to the word and in said line 18. Also amend said section 8 of said Act further by striking from said section the word one in line 17 and insert in lieu thereof the word five. Also further amend said section 8 by striking from line 21, the word three and insert in lieu thereof the word two so that said section, after amendment, shall read as follows: Act of 1907 amended. Sec. 8 read. Be it further enacted by authority aforesaid, that there shall be a board of education for said city, under the corporate name of the Bremen Board of Education, with the right to sue and be sued, in its corporate name, and whose duty it shall be to establish, manage, and control and maintain said public school, said board shall consist of five members to be elected by the people under the same rules and regulations as are and shall be provided for holding other elections in said city. This first board of education shall be voted for and elected at the next election for mayor and council of said city, after the election of the first board of education, after the passage of this Act. A full board of five members shall be elected at each and every election of mayor and council for said city of Bremen, said board of education of five members shall hold their office for the term of two years, unless some one

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or more of said members shall resign, remove from the city or die, or for cause specified herein, and until their successors are elected and qualified. All vacancies on the Board of Education shall be filled by appointment of the Mayor and Council for the unexpired term of such member or members so resigned, moved from the town or has died. But before any of said members of said board of education shall enter into the discharge of their duties of office, they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership upon said board except such persons as would be eligible to election to the office of Councilmen of said city. That said Board of Education are authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this act into effect and for their government and control as to them may seem right and proper, which are not to conflict with the laws of this State. Board of Education. Sec. 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 17, 1925. BRUNSWICK; CONVEYANCE OF CERTAIN PROPERTY. No. 226. An Act to amend the charter of the City of Brunswick, Georgia, and to confer certain powers therein named, and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows, to-wit: Section 1. That at any time after the passage of this Act the City of Brunswick, a municipal corporation, acting by its City Commission, shall have the right and authority

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to execute and deliver to Hercules Powder Company, a corporation of Wilmington, Delaware, a quit claim deed conveying all of said city's rights, title and interest in and to that portion of Couper street in what is known as the Mayhew Subdivision of said city, described as follows, to-wit: Commencing at the point of intersection of the eastern line of said Couper street and the southern line of M street, thence running southerly a distance of 360 feet, thence at right angles to the last described line westerly a distance of eighty feet, thence at right angles to the last described line northerly a distance of 360 feet, and thence at right angles to the last described line easterly a distance of eighty feet to the point of beginning, being all of said Couper street between M street and L street except the southern eighty by ninety feet thereof; and also to convey to said company all of said city's right title and interest in and to the twenty foot alley between M street on the north, duBignon street on the east, L street on the south and Couper street on the west, except the southern ninety by twenty feet hereof; and also to convey to said company all of said city's right, title and interest in and to the twenty foot alley between M street on the north, Couper street on the east, L street on the south and Watkins street on the west, except the southern ninety feet by twenty feet thereof. The corporate authorities of said municipality are authorized to convey the portion of said street and of said alley to said company, upon such terms and conditions, and with or without consideration, as they in the exercise of their discretion may deem wise. Right to deliver quit claim deed to Hercules Powder Company. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1925.

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CADWELL PUBLIC SCHOOLS ABOLISHED. No. 98. An Act to amend an Act of the General Assembly of Georgia incorporating the Town of Cadwell in Laurens County, Georgia, approved August 12, 1914, so as to amend the charter of the town of Cadwell and to repeal all parts of said charter which authorize an independent municipal school system as provided in Sections 44, 45, 46, 47, and 48, of said Act of 1914, appearing in the Georgia Laws on page 499, and to authorize the Town of Cadwell to sell and convey its present school property, both real and personal, and for 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 that the Act of the General Assembly of Georgia incorporating the Town of Cadwell in the County of Laurens, State of Georgia, approved August 12, 1914, be and it is hereby amended as follows: Act of 1914, Secs 44-48 stricken. Sections 44, 45, 46, 47, and 48, of said above referred to Act be and are hereby repealed. Sec. 2. Be it further enacted by the authority aforesaid that the town of Cadwell is hereby authorized and empowered to sell and to contract to sell, and to convey, its present school property, both real and personal. Sale of property. Sec. 3. Be it further enacted by the authority aforesaid that the territory embraced within the corporate limits of the Town of Cadwell shall for school purposes become a part of the Cadwell School District. Territory included in Cadwell School District. 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 29, 1925.

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CALHOUN; TERM OF OFFICE OF MAYOR. No. 210. An Act to amend an Act approved on the 20th day of August, 1918, creating a new charter for the city of Calhoun. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act, the act approved on the 20th day of August, 1918, appearing on page 593 of the Published Acts of Georgia, 1918, creating a new charter for the City of Calhoun, be and the same is amended as follows: Act of 1918 amended. Sec. 2. By repealing Section 79, page 593, of said Acts of 1918, which Act provided that the mayor of Calhoun shall not be eligible to hold office of mayor for more than two consecutive terms of two years each. Two consecutive terms maximum. 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 13, 1925. CAIRO CITY PLANNING COMMISSION. No. 320. An Act to amend an Act establishing a new charter for the City of Cairo approved August 8, 1906, and the several acts amendatory thereof providing for the creation of a city planning commission for the city of Cairo whose duties shall be to make suggestions to the Council and other public authority concerning the laying out, widening, extending and location of streets, side walks and boulevards; the relief of traffic conditions, congestion and developments or housing and

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sanitary conditions and also to amend said charter of the City of Cairo as aforesaid as follows: To provide for paving, repaving, curbing or improvement of streets and sidewalks of said city upon petition of fifty per cent or more of the property owners abutting on said streets or side walks and to assess the entire cost of said paving, repaving or improvement against such abutting property owners; to provide for the payment thereof in ten annual equal installments with a lien upon the abutting property thereto and to provide for further improvement fund for the City of Cairo and the enforcement of the lien for paving, improving or repaving said streets or side walks, 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: 1. That there shall be created as a part of the government of the City of Cairo a commission to be known as the City Planning Commission, which commission shall consist of such number of persons as the Mayor and Council may provide. Commission created. 2. 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 Mayor and Council 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. Power to organize and operate. 3. It shall be the duty of said City Planning Commission and they shall have power to recommend or make suggestions to the Mayor and Council and to all other public authorities concerning the laying out of, widening, extending, and parking or location of streets, sidewalks

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and boulevards; the relief of traffic conditions, congestion and development of housing and sanitary conditions, and the establishment f zones or districts, suggestions concerning the use, height, area and bulk of buildings or structures. To recommend to the Mayor and Council 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 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 Mayor and Council, the Commissioners of Roads and Revenues of Grady County, and the General Assembly of Georgia, with reference to an area covering six miles adjacent to the present limits of the City of Cairo. Recommendations. 4. 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 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 Cairo, the plans and locations thereof must be submitted to the City Planning Commission and receive its approval before the erection of such buildings is begun. Sewers, when public building to be erected. 5. Said City Planning Commission shall have authority to make recommendations to all parties, corporations or public authorities with reference to the erection of

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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. Building and remodeling. 6. 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 render assistance. 7. The Mayor and Council shall make such appropriations 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 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. Appropriations. 8. Said City Planning Commission shall prepare and submit to the Mayor and Council, a comprehensive plan for the zoning of the city for the purpose of suggesting the proper location of streets, apartment houses, dwellings and other uses of property, the height of buildings, the area of the lot, the provision 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 Mayor and Council 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 plan. 9. Be it further enacted by the authority aforesaid, That said Act be further amended as follows, to-wit:

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That the Mayor and Council of the City of Cairo are hereby authorized and empowered to established and change grade of any streets, avenues, alleys, ways, lanes and other public places in the City of Cairo, and to improve the same by paving, macadamizing and draining the same whenever in its judgment the public convenvenience and welfare may require such improvements, subject only to the limitations prescribed in this Act. Street improvement. 10. 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 Mayor and Council to pave, macadamize and or 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 Mayor and Council 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 Mayor and Council at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Mayor and Council of the City of Cairo 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. Assessments against railway companies. 11. That whenever the said Mayor and Council 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 Cairo, said Mayor and Council shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in four (4) consecutive issues of a newspaper published and having a general circulation

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in the city of Cairo; 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 Mayor and Council 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 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 Mayor and Council 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 perferred by the petitioners for such improvements, it shall be the duty of said Mayor and Council 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. Publication of resolution as to improvement. Protest. 12. 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 Mayor and 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, or alley, way or avenue, shall possess the same rights and privileges as all other owners of

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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. Assessments. 13. That whenever the petition provided for in Paragraph eleven of this section is presented, or when the said Mayor and Council 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 eleven of this section, the said Mayor and Council shall then have the power to enact all ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and 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 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 assesment 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. Ordinances to enforce payment. 14. 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 Mayor and Council shall adopt a resolution reciting that no such protest has been filed or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Council to proceed with the said improvement, stating the material to be used, and the manner of construction, and defining the

Page 924

extent, character and width of improvement, and other such matters as may be necessary, to instruct the city engineer 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 Mayor and Council shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Mayor and Council 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 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 of not less than five (5) years from the time of its completion or both, in the discretion of said Mayor and Council. Said resolution shall also direct the city clerk 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 the 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 Mayor and Council. Said notice shall be published in four (4) consecutive issues of a weekly newspaper of general circulation in the City of Cairo. At the time and place specified in such notice the Mayor and Council shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder, who will perform the work

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and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Council as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the city engineer with the plans and specifications and the said Mayor and Council 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. Proposal and bids. 15. 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 Mayor and Council shall by resolution appoint a Board of Appraisers, consisting of the mayor, the city engineer, 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 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, 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 Mayor and Council shall appoint a time for the holding of a session of the Mayor and Council or shall designate a regular meeting of the Mayor and Council 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 four (4) consecutive issues of any

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weekly newspaper of general circulation in the city of Cairo, and said notice shall provide for an inspection of such return by any property owned 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 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 of Appraisers or as corrected by said Mayor and Council. Assessments in conformity to said appraisement and apportionment as confirmed by the Mayor and Council shall be payable in ten equal installments and shall bear interest at the rate of not exceeding seven (7) per cent per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Mayor and Council shall by ordinance levy assessments in accordance with 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 (1) per cent over and above the rate of interest stipulated in the bonds herein provided for, 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 essessment 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

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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 Cairo and relieve their property from the lien of said assessment, which money so paid to the said treasurer shall be distributed pro rata between the contractor and the city in porportion to the respective interests. Board of Appraises. Report. Notice and hearing. Assessments. 16. 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. Assessment declared a lien. 17. That the said Mayor and Council, 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 Mayor and Council may determine, which bond or bonds shall in no event become a liability of the Mayor and Council of the City of Cairo issuing same. One tenth in amount of any such series of bonds with interest upon the whole series to date shall be payable on the fifteenth day of September next secceeding 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

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six (6) per cent. per annum from their date until maturity payable annually, and shall be designated as street improvement bonds, and shall on the face thereof recite the 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 form 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 Mayor and Council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses, by the said Mayor and Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor and 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 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. Bond issue. 18. 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 Cairo, who shall give proper recipts for such 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

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the payment of such bonds and the interest thereon and expenses incurred thereto, and for no other purpose. Assessments; accounty of collections. It shall be the duty of said treasurer or clerk of the city, not less than (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 Cairo 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 against the party or person owning the same for the amount of such assessment with interest and shall trun over the same to the Marshal or Chief of Police of the City of Cairo, 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 bidder; and such sales shall vest and 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 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

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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 on 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 affidavit claims the amount is not due, and when received by the city Marshal or chief of police, shall be returned to the Superior Court of Grady County, Georgia, and there the issue determine 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. Advertisement of installments due. Execution. Levy and sale Affidavit of illegality. 19. That no suit shall be sustained to set aside any such assessment or to enjoin the said Mayor and Council from making any such assessment or levying or collecting any such assessment, or issuing such bonds or providing for their payment as herein authorized or contesting the validity thereof on any ground or for any reason other than for the failure of the Mayor and Council to adopt and publish the preliminary resolution provided for in paragraph eleven 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 Mayor and Council may at any time in the manner provided for the levying and original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Suit to set aside assessment.

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20. That in all cases where said Mayor and Council shall deem it necessary to repave, redrain, remacadamize 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 persuance 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 Mayor and Council of said city the pavement is worn out and no longer serviceable. Repaving. 21. That the publication of all notices in a weekly newspaper called for in this Act shall be the number of days therein specified exclusively of Sunday and legal holidays. Notice. That, whenever the abutting land owners of any street, alley, way, avenue, or lane of said city petition the said Mayor and Council as herein set out, or said Mayor and Council pass the resolution provided for in paragraph eleven 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 this 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 Grady County is authorized to sign in behalf of the county; and where the City of Cairo is the owner, the Mayor of Cairo is authorized to sign in behalf of the city. That the provisions of this section shall in no wise annul and void the present law

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under the present law of the City of Cairo in reference to paving within the City of Cairo, but the same shall be in addition to present laws governing paving within said city. Public prop ty. 22. Be it further enacted by the authority aforesaid, That said Act be further amended as follows, 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 mains. 23. 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 20, 1925. CANTON STREET IMPROVEMENTS. No. 11. An Act to amend an Act of the General Assembly of the General Assembly of Georgia, reincorporating the Town of Canton, in the County of Cherokee, approved August 1, 1922, so as to authorize and empower the said Town of Canton, by and through its mayor and council, to establish and change the grade of any streets, sidewalks, avenues, alleys, lanes and other public places in said Town of Canton, and to improve the same by grading, paving, macadamizing and draining;

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to assess two-thirds of the cost of such grading, paving, curbing, improving, macadamizing and draining said streets, avenues, alleys, lan[UNK]es and other public places against the owners of abutting property; to assess one-half of the cost of grading, paving, macadamizing, improving and draining of said sidewalks against the owners of abutting property; to provide for the payment by said town of its pro rata share of such cost; to require railroads running through or across said streets or sidewalks to improve and pave the same within their tracks and two feet on either side thereof; to provide for the procedure for such grading, paving, macadamizing, draining and improving, and for making and collection of assessments for the same, and for establishing a lien therefor; to provide methods for the payment for such grading, paving, macadamizing, draining and improving; to provide for the issuance of bonds by the said Town of Canton for the purpose of providing funds for all expenses to be incurred by said Town by reason for such grading, paving, macadamizing, draining and improving; to provide for procedure for sales under executions issued by said Town; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this act that the charter of the Town of Canon, Cherokee County, Georgia, which was approved August 1, 1922, be and the same is hereby amended as follows: Act of 1922 amended. Sec. 2. Be it further enacted by the authority aforesaid, That the Town of Canton, by and through its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in the said town of Canton, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof in said town, as hereinafter provided, by paving, repaving,

Page 934

curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of man-holes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Authority to pave, etc. Sec. 3. Be it further enacted by the authority aforesaid, That one-half of the total cost of grading, paving, repaving or improving a sidewalk or any portion thereof in said Town shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by said town; provided however, that when said sidewalks in said town shall be paved, repaved, improved or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk, when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said town, and the curbing thereon, shall, for the purpose of assessment, be deemed and considered as abutting on corner lots or tracts. City to bear half of cost of paving sidewalks. Sec. 4. Be it further enacted by the authority aforesaid, that two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved or reimproved, the other one-third of such cost to be paid by said town. Provided, however, that when any street, avenue, alley, lane or other public place in said Town shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving or otherwise improving the same and

Page 935

the cost of such curbing shall be deemed and considered as a part of the total cost of such paving, repaving, improving or reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this Section. All necessary drains, manholes, catchbasins, drain pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total cost of such paving or improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, that the cost of the paving or the improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said Town. City to bear third of cost. Curbing, drains, etc. Sec. 5. Be it further enacted by the authority aforesaid, that said Mayor and Council of said Town of Canton shall 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 cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer pipe connections to connect with any existing water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessment to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Ordinances.

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Sec. 6. Be it further enacted by the authority aforesaid, That the assessment against each owner of abutting property under the provisions of this Act shall be prorate and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the street, sidewalk, alley, lane, avenue or other public place directly in front of such owner of abutting property so paved, repaved, improved, or reimproved. Assessment, how computed. Sec. 7. Be it further enacted by the authority aforesaid, That where a railroad company or other company, person or corporation has tracks on or across said streets or sidewalks so paved or improved, the company, person or corporation owing, operating or controlling the same under lease or contract shall be assessed for the cost of such paving, repaving, or improving so much of said street or sidewalk that lies within such tracks and for the full width of two feet on each side of said track. Railroad tracks. Assessment. Sec. 8. Be it further enacted by the authority aforesaid, That said Town of Canton, by and through its Mayor and Council, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said town including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said Mayor and the Council may by ordinance provide for such improvements without a petition being first filed therefor as is required by section nine of this Act for the paving of streets, alleys or other public places. It shall not be necessary, unless the Mayor and Council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved or reimproved in said town where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said town may cause the said work to be done on such sidewalks in any manner it may designate by ordinance, without the letting of contracts

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therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collection of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved, or reimproved in connection with the paving, repaving, improving or reimproving of an abutting street however bids shall be received therefor and contract let as is provided in this Act for paving of streets. Petition not necessary to improve sidewalks. Proviso. Sec. 9. Be it further enacted by the authority aforesaid, That no street, avenue, alley, lane or other public place in said town shall be paved, repaved or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said Mayor and Council shall have first been petitioned in writing to pave, repave or otherwise improve the same by two-thirds of the persons, companies or corporations (or the owner or owners of two-thirds of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. Ordinance. Petition. Sec. 10. Be it further enacted by the authority aforesaid, That in determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person, and a majority in interest of owner's undivided interests shall be counted as one person, provided, that in any case where the improvement is petitioned for the owner or owners of two-thirds of the front footage of abutting property such owner or owners shall be counted as two-thirds of the persons, companies or corporations subject to assessment for the improvement petitioned for. Corporation counted as one person. Sec. 11. Be it further enacted by the authority aforesaid, That the ordinance authorizing the paving, repaving

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improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration of such ordinance an advertisement shall be inserted at least one time in the newspaper in said town in which the advertisements for sheriff's sale in Cherokee County are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said Mayor and Council to be held at the time stated in said advertisement and make any objections that they may desire to urge aganst the passage of such ordinance. Said meeting may be held at the time for the regular monthly meeting of said Mayor and Council or at any other time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof, may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane or other public place, or parts thereof, and each shall be treated and considered as a separate and distanct project. At the time named in said advertisement if any property owner or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said Mayor and Council shall have the right and power in their discretion to order such paving, repaving or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days thereafter begin legal

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proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council, and said ordinance shall be held by the courts of this state to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the Mayor and Council shall deem best they shall cause said improvements to be made. Advertisement of intention to pave Objections. Sec. 12. Be it further enacted by the authority aforesaid, That said Mayor and Council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Mayor and Council shall by ordinance provide that the contractors shall execute to the Town of Canton a good and sufficient bond, in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of the said Town of Canton and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five per cent. of the total cost of paving for the maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said Mayor and Council. Said ordinance shall also direct the Mayor and Clerk of Council of said Town of Canton to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notice shall be in such form as they deem best, but shall state what, if any, bonds will be required to be executed by

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the contractor aforesaid, and shall state the time when, the place where such sealed proposals shall be filed and when and where the same will be considered by said Mayor and Council. Said notice shall be published once a week for two consecutive weeks in some weekly or daily newspaper of general circulation in said Town of Canton. The right is hereby expressly granted to the Town of Canton to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the Mayor and Council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Council as prescribed in such ordinance and notice for proposals. The said Mayor and Council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contract. Bond. Bids. Notice. Examination of bids. Sec. 13. Be it further enacted by the authority aforesaid, That as soon as the said contract is let, and the cost of such improvement (which shall also include all other expenses incurred by the town incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said Mayor and Council shall by ordinance direct their Consulting Engineer, or if they so desire, may appoint a committee, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said Engineer, or committee, shall file with the Clerk of Council of said Town of Canton a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the

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several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane or other public place so improved. When said report shall have been returned and filed the said Mayor and 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 appraisal and apportionment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the said hearing shall be published by the said Clerk of Council in one issue of some weekly or daily newspaper having general circulation in the Town of Canton and said notice shall provide for the inspection of such returns 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 fifteen days form the date of the publication of the said notice. The said Mayor and Council at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the same and to confirm the same either as made by said Engineer or Committee or as corrected by said Mayor and Council. The said Mayor and Council shall thereupon by ordinance assess the cost of said improvements as provided in this Act. This assessing ordinance shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment 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 original ordinance providing for such paving coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each

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and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Apportionment by Engineer or Committee. Appointment of expense. Objections. Notice. Assessment declared a lien. Sec. 14. Be it further enacted by the authority aforesaid, That after the adoption of the ordinance provided for in Section thirteen (13) of this Act a written statement shall be furnished by the Clerk of the Mayor and Council of said Town to each abutting owner, person or corporation subject to be assessed as herein provided for, showing her, his or its pro rata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said Clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon each agent of such company or corporation residing within the limits of said Town, and where such owner or agent is a non-resident of said Town it will be sufficient service if said notice or statement be mailed to said property owner or agent at the last postoffice address of said owner or agent known to said Clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Notice of assessments. Sec. 15. Be it further enacted by the authority aforesaid, That if any person or persons, company or corporation shall fail or refuse to pay to the Clerk of the Mayor and Council of said Town of Canton his, her or its assessment as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding Section, said Clerk will be authorized to issue executions bearing test in the name of the Mayor and Council of said Town and specifying the improvements for which it is issued against the owner and also

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the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven per cent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the Marshal of such town who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisment and other proceedings as in cases of sales for town taxes the same shall be sold at public outcry to the highesct bidder; and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the owner as is prescribed in sections 880, 1169, 1170, 1171 and 1172 of the Code of Georgia of 1910, and said Marshal have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale the said Town of Canton shall have the right to purchase any lands so sold as perscribed in sections 881 and 882 of the Code of Georgia of 1910. Failure to pay. Execution. Levy and sale. Sec. 16. Be it further enacted by the authority aforesaid, That the Marshal of said town when so ordered by said Mayor and Council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed by said town before said transfer, and the town shall allow the use of its machinery of government for the collection of said executions. Transfer and assignment. Collection. Sec. 17. Be it further enacted by the authority aforesaid, That the passage of the ordinance for paving, repaving or otherwise improving the streets, sidewalks, alleys, lanes or other public places, or parts thereof, in

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said town, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the Clerk of the Superior Count of Cherokee County, Georgia, under the general registration laws of this State. Ordaninance to be notice of lien. Sec. 18. Be it further enacted by the authority aforesaid, That any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued, or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council; otherwise the law relating to illegalities shall apply as in other cases. When the Marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Cherokee County. Georgia, where it shall be tried at the first term of the court under the statute of this state that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right of appeal to the Supreme Court as in cases of illegalities originating from executions issued by the Superior

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Courts of this State. In the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatsoever, the Mayor and Council may at any time in the manner provided for the levying of 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. Affidavit of illegality. Sec. 19. Be it further enacted by the authority aforesaid, That whenever the abutting landowners of any street, avenue, alley, lane or any other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of said streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purposes of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this Act for and on behalf of the State; and where the county is the owner the Commissioner of Roads and Revenues of said Cherokee County is authorized to sign on behalf of the county, and where the Town of Canton is the owner the Mayor of said town is authorized to sign for and in behalf of the said town. Public property. Sec. 20. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Canton are authorized and empowered to call elections by the qualified voters of the said town, in accordance with the provisions of the laws of Georgia, at such time or times as said Mayor and Council may designate, to determine whether or not bonds shall be issued by said town for the purpose of providing funds to pay the pro rata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said town, for which said town would be liable under the provisions of this

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act, and for the purpose of providing funds for the paving or improving of street intersections, and for the payment of the assessments against said town as provided for in this act for which the town would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this act, and for the purpose of providing funds for any other expense for which the said town would be liable, either in whole or in part, by reason of such paving or improving. These powers are cumulative and shall not be construed as repealing any of the provisions of the present charter of said town with reference to the issuance of bonds. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said Mayor and Council are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said town, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Election to issue bonds. Sec. 21. Be it further enacted by the authority aforesaid, That all executions issued by the Clerk of Council of said Town of Canton for taxes, bond forfeitures, fines and other executions that may be issued by said Town under its charter powers shall bear test in the name of the Mayor and Council of said Town and shall be directed to the Marshal of said Town and to all and singular the Sheriffs and Constables of this State, and their lawful deputies and shall state for what issued, and be made returnable to the Clerk of Council aforesaid within ninety days after the issuance of the same, and it shall be the duty of the said Marshal and other collecting officers to advertise the sale of such real estate or personal property

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as may have been levied upon by him to satisfy said execution in the same manner respectively as Sheriff's sales of real property or Constable's sales of personal property are required by law to be made, and the time, place and manner of sales of property, both real and personal, for taxes due to said Town of Canton shall be the same as that provided by law for Sheriff's sales for State and County taxes; provided, that sales may be conducted by the Marshal of said Town and had before the door of the Council Chamber, or the usual place of meeting of the said Mayor and Council. Whenever any land is so sold the owner thereof shall have the privilege of redeeming said land thus sold within one year 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 the payment. Whenever at any such sale by said Town of Canton for taxes due it by its Marshal or duly authorized officer, no one present shall bid for the property put up to be sold, as much as the tax for which it is proposed to sell the same, and the officer's cost, if any be due thereon, after such property shall have been cried a reasonable time then any duly appointed officer or agent of said Town may bid off such property for said taxes, and the Marshal or other officer making such sale, shall make to the said Town a deed to the property so sold, and deliver the same to the officer designated by said Town to receive it and the title acquired by said Town at such sale and by such deed shall be perfect, valid and binding after the period above provided for redemption by the owners shall have elapsed and there is no redemption by the owners, as if purchased by an individual or a corporation other than the said Town of Canton, and the Marshal of other duly authorized officer making the sale shall put the said Town of Canton through any officer or agent it may designate in the possession of the property so sold. The Mayor and Council shall not be capable of divesting or alienating title of the Town to any property so purchased,

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except by a public sale of the same to the highest bidder, same to be sold as may be provided by ordinance; provided, that where it is clearly shown to the Mayor and Council that property, either returned or unreturned, has been sold and purchased by said Mayor and Council to protect its taxes and the cost of collecting the same, and that said Mayor and Council has not parted with title to the same, such Mayor and Council may by unanimous vote be authorized to quitclaim such property to the owner thereof at the time of the purchase by said Mayor and Council, his administrators, executors, heirs or assigns, upon payment of all taxes which may be due and all costs due by reason of said sale. The Marshal or other duly authorized officer of said Town shall be allowed the same fees for his services for sales under executions issued by said Town as are allowed Sheriffs and Constables of this State for similar services in sales under executions issued from the Justice and Superior Courts of this State. Executions; advertisement of sale. Redemption. Tax sale. Quit claim. Sec. 22. Be it further enacted by the authority aforesaid, That all deeds by the town of Canton or the Marshal or duly authorized officer thereof, pursuant to tax sales or sales under execution issued for the collection of local assessments or other indebtedness to the Town of Canton, shall be admissible in evidence on the same terms as deeds made pursuant to sales for taxes due to the State and County; provided, it shall be competent for parties denying the validity of such deeds to put in evidence the proceedings preliminary to the execution of such deed. The purpose of this section being to give to such deeds the same prima facie force and validity which is accorded to the tax deeds made by officers of the State and County. Deeds admissible in evidence. Sec. 23. Be it further enacted by the authority aforesaid, That all resolutions, ordinances or orders passed by the Mayor and Council of the Town of Canton in connection with each and every paving or improvement project

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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 been continued for the prescribed length of time, shall be placed on the minutes of the Town of Canton by the Clerk of Council, and when so recorded a copy thereof certified by the Clerk under the corporate seal of the town as a true transcript of the records shall be prima facie evidence of the proper passage of the resolution, ordinance or order and of the proper posting and publication of the same. Ordinances, evidence of proper passage. Sec. 24. Be it further enacted by the authority aforesaid, That where a certain number of days are prescribed in this Act for publishing or posting any notice or for the doing of any other things, Sundays and legal holidays shall not be counted. Computation of time. Sec. 25. Be it further enacted by the authority aforesaid, That if any provision of this Act, or the application thereof to any person or circumstances, is held invalid the remainder of the act, and the application of such provisions to other persons or circumstances, shall not be affected thereby, and this Act shall not be rendered void by the unconstitutionality or invalidity of one or more provisions thereof. Provisions held invalid not to affect remainder. Sec. 26. Be it further enacted by the authority aforesaid, That this act is cumulative, and shall not be construed as repealing the existing laws of force in the Town of Canton with reference to paving or otherwise improving the streets, sidwalks, alleys, lanes or other public places therein. Act of cumulative force. Sec. 27. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Canton shall have full authority to pass such ordinances and do such other acts as may be necessary to give full force and effective operation to the provisions of this Act. Authority to pass ordinances.

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Sec. 28. 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 18, 1925. CARROLLTON STREET IMPROVEMENTS. No. 126. An Act to amend an Act approved September 9, 1891, amending, consolidating, and superseding the several Acts incorporating the City of Carrollton in the County of Carroll, providing a new charter for the same, and the several Acts amendatory therefor, so as to authorize and empower the City of Carrollton, by its Mayor and Council to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Carrollton, 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 ten per cent. yearly for ten years to provide for the issuance of bonds as the City of Carrollton 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

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creating a charter for the City of Carrollton, and particularly the Act of the General Assembly approved September 9, 1891, amending, consolidating and superseding the several Acts incorporating charter for the same, and the several Acts amendatory thereof, are hereby amended as follows: Act of 1891 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 Carrollton, 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 places in the City of Carrollton, 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. Sec. 3. Be it further enacted by the authority aforesaid, That whenever the said City of Carrollton, 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 Carrollton, said City of Carrollton, 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 Carrollton, 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 Carrollton their protest in writing against such improvement, then said City of Carrollton by its Mayor and Council shall have the power to cause such improvements to be made and to

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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 Carrollton, or its mayor and council, for such 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 Carrollton, 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 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. Ordinance. Publication. Objections. Petition. 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 Carrollton shall be paved, macadamized or otherwise improved as herein provided, then the total cost of said paving or improvement to be apportioned shall include 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

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has been determined, then the City of Carrollton will be liable for one-third of said total cost and abutting property owners, along both sides of such paved 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 this 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 Act is presented or when the City of Carrollton, 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 Sectin 3 of the Act, the said City of Carrollton, 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

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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 the 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 Carrollton, by its Mayor and Council, shall adopt a resolution reciting that no such case may be and expressing the determination of said city, by its Mayor and Council to proceed with the improvements, stating the material to be used and the manner of construction and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements the necessary plant, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Carrollton, 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

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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 maintainance 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 Carrolton, 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 Carrollton. At the time and place specified in such notice the City of Carrollton, 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 Carrollton 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. 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 Carrollton, by

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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 apportionate 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 for the hearing of any complaints or objections that may be made concerning the said appraisment, 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 inspection of such by any property owner or other person interested in such return. The time fixed for such 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 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 cent per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Mayor and Council shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed

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against the several tracts of land liable therefor, and shall cause said appraisement and apportionment to be recorded on the mortgage records of Carroll 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 Carroll and the City of Carrollton. Board of appraisers. Apportionment of expense. Objections. Notice. Payment in ten annual installments; interest 7%. Recording. [Illegible Text] 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 their 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 Carrollton 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 paying first installment. Privilege of paying 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

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the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such liens shall continue until such assessment and interest 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. Sec. 10. Be it further enacted by the authority aforesaid, that the said City of Carrollton, 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 Carrollton, by its Mayor and Council, shall determine, which bond or bonds shall in no event become a liability of the City of Carrollton, 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 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 or streets, part of street or streets or other public places for the improvement of which they have been issued and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefitted by said improvements under authority of this Act. Said bonds shall be signed by the city of Carrollton, by its Mayor and attested by the Clerk, and shall have the impression of the corporate seal of

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such city thereon and shall have interest coupons attached and all bonds issued by authority of this Act shall be payable to bearer at such place either within or without the State of Georgia as shall be designated by said Mayor and Council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Mayor and Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Council shall direct. Said Bonds may be registered by the 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 when Recitals. Not to be sold below par. Registration. 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 Carrollton, 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

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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 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 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 Carrollton, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement. And after advertisement and other proceedings as in case of sales for city taxes of said city, the same shall be sold at public outcry as in other city tax sales, to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments or assessments with interest; provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and when received by the City Marshal shall be returned to the City Court of Carroll 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 Superior Court of Carroll County

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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. Payable to City Clerk. Notice of maturity. Execution. Levy on sale. Affidavit of illegality. 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 Carrollton 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 reason, other than the failure of the City of Carrollton, 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 whatsoever, the said Mayor and Council may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Suit to set aside assessment, etc. New assessment. Sec. 13. Be it further enacted by authority aforesaid, it shall be the duty of Mayor and Council of City of Carrollton, where any pavement or hard-surfaced improvements have been made under this Bill, at all times to maintain and keep in good repairs the said streets so improved at the expense of said city, except in cases where the property owners or any public service or other persons deem it necessary to break the pavement for the purpose of making improvements, the same shall be done

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after obtaining consent in writing from the Mayor and Council at the expense of said person or corporation finding it necessary to break or destroy any of the streets so paved. Maintenance of good repair. 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 Carrollton, 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 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 likewise be 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 Carroll County is authorized to sign in behalf of the county, and where the City of Carrollton is owner the Mayor is authorized to sign for the City of Carrollton. 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 Carrollton, 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 Carrollton, and the amendments thereto, and to grant

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in addition thereto the rights and authority contained and set forth in this Act, and the City of Carrollton, 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 Carrollton and amendments thereto. Act of cumulative force. Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 4, 1925. CHICKAMAUGA CHARTER AMENDED. No. 115. An Act amending the various Acts incorporating and amending the incorporation of the City of Chickamauga, Walker County, Georgia, to extend and define the corporate limits of said City; to provide for issuance of bonds; to prescribe certain taxing rights and limits in said city; to provide for a City Judge and for other Judges when the Judge is disqualified or absent, and for other purposes. The sections amended and referred to are those in Georgia Laws 1913, page 665, et seq. 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 charter of the City of Chickamauga, Walker County, Georgia, be, and the same is hereby amended by the authority aforesaid. Act of 1913 amended. Sec. 2. Be it further enacted by the authority aforesaid, that the corporate limits of said City shall be as follows: Beginning where the north line of lot of land No. 260, in the 9th District and 4th Section of said county

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and State intersects the east line of lot No. 259, and running south along said land lot line in the south line of lot 281 to the south line of lot 296; thence east, following the south line of lots Nos. 296 and 297 to where it would intersect with an extension of the west line of Crittendon Avenue; thence north along said extended line to the south bank of Crawfish Springs Lake; thence eastwardly by northwardly along the south bank of said lake to the west line of the Georgia Railway and Power Company; thence north along said last mentioned line to the south line of lot No. 261; thence west along said south line, and continuing along the south line of lot No. 260 to the east line of the right-of-way of the Central Georgia Railway Company; thence north, following said east line of said right-of-way, to the north line of lot No. 261; thence west, following said north line, and continuing along the north line of lot No. 260, to the point of beginning. Also lots Nos. 1, 2, and 3, in Block 1, of Jackson Addition to said City of Chickamauga, and being on lot of land No. 259, in the 9th District and 4th Section of Walker County, Georgia. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, that Section 4 of the Georgia Laws of 1913, on page 666, be amended so that when amended will read as follows: That each annual election for Mayor and Council of said City shall be elected at a regular annual election for officers of said City, and that said annual election shall be held on the first Saturday in December of each year, at which election all voters within the corporate limits of said City, who are qualified to vote for members of the General Assembly, shall be entitled to vote in said election, and who have been bona fide residents of said City for six months prior to said election. In said election there shall be elected a Mayor and five Councilmen and a Recorder, whose terms of office shall be until the next general election, or until their successors are elected and qualified; other officers named above shall be appointed

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by the Mayor and Council in the manner above set out. Elections. Sec. 4. Be it further enacted by the authority aforesaid, that Section 5 of said Act incorporating the City of Chickamauga, on page 667, be amended, so that when amended shall read as follows: That the Mayor of said City, or in his absence from the city, or inability or disqualification, the mayor pro tem, shall try all crimes, violations of rules and ordinances in the first instance, whose decision shall be final, with the right of appeal within four days to the City Council, from whose decision the right of certiorari shall lie. Said Mayor shall have power to hold courts of enquiry and bind over and assess bail for State offenses, and collect therefor cost allowed in such cases in the courts of Georgia, with fees to be governed and paid pursuant to State law. Said Mayor and council shall have control over all streets, alleys, sidewalks and other property of every character of said city, and be clothed with right to change, alter or make streets, alleys, drive-ways or other ways of travel or use to said city, with the further right to use and condemn private property for public use, etc., and have, as Mayor and Council, all powers given them by general law. The Mayor and Council or Mayor pro tem, and Council, shall fill by appointment, all vacancies in any office of said city caused by death, resignation, or otherwise, whose appointment shall be good to next regular election. The Mayor shall not vote in cases of appointment if such vote cast would produce a tie. The Mayor shall name all committees that may be provided for by rules or by-laws or ordinances. Said Mayor shall have the right to veto the passage of any rule, ordinance or by-law or franchise, whose veto shall only be over-ridden by four votes of Council. Mayor pro tem shall have like powers with Mayor. Said City Council and Mayor of said City

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shall at beginning of each year elect a City Judge to try all cases heretofore tried by Mayor, which said Judge shall be elected from the duly elected Council, and whose jurisdiction shall be as now vested in the Mayor, and then in the event the City Judge is disqualified, absent or disabled or cannot try cases, then the Mayor, Mayor pro tem or Recorder may act with like jurisdiction, etc. Said Mayor and Council to fix salary of said officer or officers. Mayor and Council. Sec. 5. Be it further enacted by the authority aforesaid that Section 6, on page 668, shall be amended, and when amended shall read as follows: That said Mayor and Council shall have the right to, in any manner aforesaid, grant licenses, franchises, rights-of-way, easements, etc., to individuals or corporations; provided such grants do not conflict with the laws of Georgia. Said officers aforesaid, shall have power to levy and collect taxes and revenue to support and maintain said city, to levy and collect such taxes as do not now exceed rate fixed by State law, and shall further have authority to enforce collection of said tax by execution as now provided by general law. Said city in manner aforesaid, through proper officers shall provide, or have the right so to do, a direct road or commutation tax and enforce same by imprisonment in City jail or work on streets; provided, however, that no defaulter shall be imprisoned or worked on said streets for a greater time than three days for each day defaulted. The time of said road service or street work shall be no greater than same number of days obtaining in county with rights for emergency work as governed by State law. The City Recorder shall by virtue of his office be treasurer and tax collector of said city, and shall enter into such bond payable to Mayor and Council as they may require and whose compensation shall be fixed by the Mayor and Council in the manner above set out. Said Mayor and Council may appoint a Board of Tax Assessors, Board of Health, and prescribe

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the duties and compensation, if any, of each. Said city shall have the right to fix such fire limits, and prescribe character of such structures as may be erected in those limits, and provided for the registration of voters in said city. Further powers. Sec. 6. Be it further enacted by the authority aforesaid that Section 8 of the Acts above referred to shall be amended, and when amended shall read as follows: That said Mayor and Council have the right to call an election submitting to voters not only above provisions, but have the right herein to provide if election is declared in favor of sewerage, light, water, etc., as the case may be, to issue bonds for building and maintaining or either of the above, or to pave streets or sidewalks, by submitting in said election the legally necessary provisions as to amount and purpose of said bonds, and a necessary statement of purpose, dates to be paid, interest, etc. Said Mayor and Council may create paving blocks or areas with right to require abutting land owners to pay such proportion as Council fixes, to issue execution to enforce this provision, said paving bocks to be created upon petition of owners of three-fourths of frontage in any block, in which case the city to pay one-half cost of paving and property owners on each side to pay one-fourth respectively. Election to ratify. Bonds. Street improvement assessments. Sec. 7. Be it further enacted by the authority aforesaid that Section 14 of said Acts aforesaid be amended, and when amended shall read as follows: That all levies of taxes shall not exceed one per centum on the assessed tax valuation for general purposes and one per cent in addition to above for special purposes; provided however, any amount may be levied and collected for establishing light, water or sewerage systems, provided in no instance shall a greater rate than five (5) per cent be levied, using assessed tax values as basis. In case special elections for any of aforesaid purposes shall be called, the Mayor of said city shall call, by advice of council,

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said elections as aforesaid in this Act. Said City shall have the right to increase its tax levy for schools and school maintenance, to not exceed one per cent by first calling election and complying with the law in such cases. Tax rate. Sec. 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that the Mayor and Council shall have the power and authority to open, lay out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and renew, and repave the streets, alleys, lanes, bridges, sidewalks, cross ways, drains, and gutters in the limits of said city, and to improve and light the same and keep them free from obstructions for the use of the public or of any of the citizens of said city. To regulate the widths of sidewalks and streets, to compel the owners or lessees of property to pave, repair, renew and repave the streets and put down, repair and renew curbing and sidewalks along the same, under the directions of and according to specifications furnished by the proper officers or committee of said city, and said city and the Mayor and Council thereof are hereby expressly authorized and empowered to drain, raise, pave, macadamize, repair, renew and repave and improve the public streets, alleys, and lanes and sidewalks of said city and put down, repair and renew curbings, drains, cross drains, crossings and other improvements thereon, according to their own specifications, and to charge, assess and collect the expense and costs thereof by execution against the abutting property to be issued and signed by the Mayor and Recorder. The Mayor and Council shall have the right to open new streets, change or alter old streets, and if private property is taken thereby, and the owner of said property cannot agree on damages, said city shall select one upright, intelligent free-holder of said city, and the owner of the property shall select one of same qualifications, and the two so

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chosen shall select a third one, who shall assess such damages as are just with the right of appeal by either party, provided, however, if the arbitrats so chosen cannot agree on a third person of like qualifications, the Ordinary upon request shall name the third person to act. Street improvements. Sec. 9. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 3, 1925. CLAXTON; REGISTRATION OF VOTERS; POLICE OFFICERS. No. 63. An Act to amend an Act establishing a new Charter for the City of Claxton, Georgia, approved July 28th, 1911, and the amendatory Acts thereto approved July 24th, 1920, so as to change the time for registration of voters in said City of Claxton, to provide for the appointment of a Board of Registrars for said City of Claxton, to define the powers and duties of the Police officers of said City of Claxton and to provide a method of discharging said police officers under certain conditions, and for other purposes therein contained. Section 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 words and figures on the 25th day of October in each year in the seventh line of Section 5 of the amendatory Act amending the Charter of the City of Claxton, adopted July 24th, 1920, be and the same are hereby stricken therefrom and the words and figures on the 15th day of October in each year inserted in lien thereof; further that the words and figures, of the 24th day of November thereafter in the eighth and ninth

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lines of said amendatory Act be and the same are hereby stricken therefrom and the words and figures of the 14th day of November thereafter, inserted in lieu thereof, so that said Section 5 when so amended shall read: Be it further enacted by the authority aforesaid that all the words in Section 22 of said original Act after the word that in the first line thereof be, and the same are hereby stricken therefrom and the following inserted in lieu thereof: The Clerk of Council of said City shall open a book for the registration of voters at his office on the 15th day of October in each year, which book shall be kept open until four o'clock P. M. of the 14th day of November thereafter and then be closed. Act of 1920 amended. Sec. 5 read. Time of registration. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that Section 5 of the Act amending the Act creating a new Charter for the City of Claxton, said amendatory Act approved July 24th, 1920, be amended by adding to said section the following, to-wit: That whenever any general election, that is, an election for mayor and council is to be held in said City it shall be the duty of the Clerk to close the registration book at 4 o'clock P. M. on the 14th day of November before said election and turn over said book to the Mayor who shall, with the advice and consent of the Council appoint a Board of Registrars whose duty it shall be to make from said book a list of voters for such election, and in making said list the registrars shall exclude the names of all persons on the registration list who registered after the closing of said registration book as well as those who have died, removed from the City limits, or who have disqualified themselves in any way, as legal voters, the list of the voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted from

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said list of voters by accident or mistake. The Council shall provide a reasonable compensation for the work done by his registrars. List of voters. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that Section 11 of the Act establishing a new charter for the City of Claxton, approved July 28th, 1911, be amended by adding to said section the following, to-wit: that the term of the police officers of said City shall be one year, but they may be discharged or suspended at any time by the Mayor and Council, after trial, for neglect of duty, incapacity, incompetence, conduct unbecoming an officer, or other like offence, when in the judgment of the Mayor and Council it is for the good of the service, or the interest of the City. The Mayor and Council shall have power to prescribe all rules and regulations, from time to time, for the general management and discipline of said police force of said city. Term of police officers. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1925. CLAXTON; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 61. An Act to amend an Act approved July 28, 1911, creating a new charter for the City of Claxton and all Acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell and to sell said city's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility; to grant local

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public utility franchises and use of streets and public places therefor; 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, an Act creating a new charter for the City of Caxton, approved July 28th, 1911, and all acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1911 amended. The Mayor and Council of Claxton are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said city, and to cease operation of such utility, and to convey good and clear title thereto by deed of the City, executed by its Mayor. Authority to dispose of plant and to grant franchises. Sec. 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1925. CLEVELAND STREET IMPROVEMENTS. No. 245. An Act to amend the charter of the Town of Cleveland, Georgia, Acts 1911, page 962, by adding to said charter two new sections to be numbered 25 and 26 and to come after Sec. 24 of old Act, giving the Mayor and Council of said town the right and power to borrow money in amount equal to three per centum of all property values within the corporate limits of said town.

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Said money to be used for the purpose of laying out, building, paving and repairing streets and the square in said town and giving to the mayor and council the power and authority to assess property owners who have property fronting on the streets and sidewalks of said town such amount as may seem reasonable and just for the purpose of building sidewalks in front of their said property and for other purposes. Sec. 25. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act the Mayor and Council of the Town of Cleveland, Georgia, shall have power to borrow money in a sum not to exceed three per centum of the property values within the corporate limits of said town for the purpose of laying out, building, paving and repairing the streets and square in said town. Power to borrow. Power is hereby given the said Mayor and Council to execute notes for money borrowed as specified in this section which notes shall be signed by the Mayor and countersigned by the Clerk of said town and when thus executed and delivered to any party or parties for money borrowed as aforesaid shall become a valid and subsisting debt against said town. Notes. Section 26. Be it further enacted by the authority aforesaid, that said Mayor and Council shall have the power and authority to assess property owners who have property within the corporate limits of said town and fronting on the streets and sidewalks therein a reasonable amount for the purpose of building and paving said sidewalks. Assessments. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1925.

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COLLEGE PARK CHARTER AMENDED. No. 327. An Act to amend an Act entitled an Act to repeal all laws and amendments to laws theretofore 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 laying of sidewalks without petition from property owners; to provide for time of payment of sinking fund to sinking fund commission; to make provision for time of making tax returns; to provide for assessment of unreturned property for former years; to authorize matriculation fees and tuition in high school; to authorize the issuance of bonds for any legal municipal purpose; and to provide for the merger of schools with county system, subject to referendum; 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: Act of 1895 amended. Section 1. That Section Thirteen (c) set forth under Section Seven of the Act amending the charter of the City of College Park approved August 2, 1924, (Georgia Laws 1924, pages 514 and 515) which Section Thirteen (c) relates to requests by abutting property owners

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for sidewalk paving, be and the same is hereby stricken and repealed. This Section of this Act is not intended to repeal or in any wise to affect Sections thirteen (a) and Thirteen (b) of the Act amending the charter of the City of College Park, approved August 15th, 1922, (Georgia Laws 1922, pages 659 and 660 and 661) relating to sidewalk paving, which Sections shall be and continue in force and effect. Act of 1924, Sec. 13 (c) Stricken. Sec. 2. Be it further enacted by the authority aforesaid, that section nine of the Act of the General Assembly of Georgia, amending the charter of the City of College Park, approved August 17, 1908 (Georgia Laws 1908, page 554) relating to sinking fund and sinking fund commission, be, and the same is hereby amended by striking from said section the word to in the twenty-first line thereof, as published as aforesaid, and inserting in lieu thereof, the word by, so that said section nine, as so amended will read as follows: Act of 1908, Sec. 9 amended. Sec. 9. The said commission shall handle and control such sums as shall from time to time be turned over to it for the purpose of raising a sinking fund or funds for the final redemption of the bonds of said city which now exist or may hereafter exist, and also to provide for the payment of the interest thereon. Said commission may invest such funds in bonds of the United States or of the State of Georgia or of the municipalities of said State, which have been legally validated. The mayor and council shall immediately turn over to said commission all taxes and other funds levied and collected for the purpose of paying off any bonded debt of said city or interest thereon. The treasurer of said city shall upon his official books open an account with said commission and pass to their credit all the money collected to pay the bonded debt of said city and the interest thereon, as soon as such funds are collected, and shall keep said funds so received separate and distinct from the general or other funds of said city, and shall pay the same or any part thereof,

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upon demand and as may be required by the said commission upon their warrant signed by the chairman of said board. The fund for any specific bonded indebtedness shall be kept separate and distinct from all other funds. All bonds in which funds may be so invested shall be turned over by the commissioners to the treasurer of said city. The commissioners shall keep a record of all their proceedings, and the clerk of said city, who is ex-officio clerk of said commission, shall exhibit said records to the mayor and council whenever called upon by them to do so. To be read. Sinking fund for bond redemption. Sec. 3. Be it further enacted by the authority aforesaid, that section seven set forth under section two of the Act amending the charter of the City of College Park, approved August 2, 1924 (Georgia Laws 1924, page 511), relating to tax returns and maturity of taxes, be, and the same is hereby, amended by striking from said Section the words the 1st day of April in each year, in the fifth and sixth lines thereof, as published as aforesaid, and inserting in lieu thereof the words such date in each year as may be provided by ordinance; by striking from lines eight and nine of said Section the words first above mentioned, and inserting in lieu thereof the words so provided by ordinance; and by striking from line fourteen of said section the word above and inserting in lieu thereof the word so; so that said section seven, as so amended, will read as follows: Sec. 7 amended. 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 such date in each year as may be provided by ordinance. All property in said city shall be returned as of date January 1st, and the owner of such property, or his agent or legal representative, shall, on or before the date so provided by ordinance, in each year return the same for taxation. All

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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 so 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. To be read. Tax returns. Sec. 4. Be it further enacted by the authority aforesaid, that with respect to property real or personal, subject to taxation by the City of College Park, which has not been returned nor assessed for taxation for a former year or years, and the tax thereon for such year or years remains unpaid, the Board of Tax Asssessors of said city, elected by the Mayor and Council thereof, or whenever the city is without such a Board, the Mayor and Council acting in the capacity of a Board of Tax Assessors, shall, at any time thereafter during the period of limitation allowed by law, exercise the powers, perform the duties and function in the manner, as set forth with respect to unreturned property in Sections eight, ten and eleven 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 663, 664, 665 and 666), relating to Board of Tax Assessors of and assessment of property for taxes in said city. Unreturned property. Sec. 5. Be it further enacted by the authority aforesaid, that Section five, set forth under Section Six of the Act amending the charter of the City of College Park, approved August 2, 1924 (Georgia Laws 1924, page 514),

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be, and the same is hereby stricken and repealed, and the following inserted and enacted in lieu thereof, as section five, to-wit: 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. Said Board of Education shall have the power to provide a course or courses of instruction and studies in addition to those embraced in the elementary branches of an English education; to provide as many grades in each and all of the schools of said city as it may deem proper; and also to establish, maintain and operate a high school or schools, and high school grades in the schools of said city. 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 the common school or grammar grades of said schools without the payment of tuition, and shall be admitted to the high school or schools and the high school grades without matriculation fee or tuition, or upon the payment of such matriculation fee and tuition charge or charges, either or both, as said Board may prescribe, not in conflict with the laws of this State. Children of non-residents and other children not entitled to the benefit of said schools, may be admitted to the common school or grammar grades and also to the high school or schools and high school grades, upon such terms and upon the payment of such matriculation fee and tuition charge or charges 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 children. New Sec. 5. Schools

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Sec. 6. Be it further enacted by the authority aforesaid, that in addition to any and all other bonds heretofore issued or authorized to be issued by the Mayor and Council of the City of College Park, and subject to the limitation of bonded debt provided by the Constitution of this State, the Mayor and Council of the City of College Park be, and they are hereby authorized, in their discretion to issue and sell, any amount or amounts of bonds for any legal municipal purpose, including those purposes for which bonds are already authorized to be issued by said City, when authorized by an election or elections held on the question of the issuance of such bonds, as provided by law; provided, however, that said bonds shall bear interest at a rate not exceeding five per centum per annum and shall not be sold for less than par. Said bonds may bear any maturity or maturities, within the limit allowed by law. Sale of bonds Sec. 7. Be it further enacted by the authority aforesaid, that all provisions of the charter of the City of College Park relating to the establishment, maintenance and operation of a system of public schools in and by said city as a local or municipal public school system, and authorizing the issuance of school bonds by said city, and particularly the provisions of said charter relating thereto as set forth in the following Section of the Acts herein mentioned, to-wit: Section one and six of Act approved August 14, 1908 (Georgia Laws 1908, pages 556, 559 and 560), as amended by Section one of act approved August 2, 1916 (Georgia Laws 1916, page 647); Sections two, three and four of Act approved August 14, 1908 (Georgia Laws 1908, pages 556, 557, and 558); Section five of Act approved August 14, 1908 (Georgia Laws 1908, pages 558 and 559); as amended by section six of Act approved August 2, 1924 (Georgia Laws 1924; pages 513 and 514); Section Seven of Act approved August 14, 1908 (Georgia Laws 1908, pages 560, 561, and 562), as amended by Section One of Act approved August 2, 1916

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(Georgia Laws, 1916, page 647), as further amended by section four of Act approved August 10, 1920 (Georgia Laws 1920, page 1190)); section 3 of Act approved August 10, 1920 (Georgia Laws 1920, page 1190); Sections Six and Seven of Act approved August 18, 1923 (Georgia Laws 1923, page 553); and also as set forth in Section Five of this Act; be and the same are hereby repealed effective July 1, 1926, provided a petition in writing of one-fourth of the qualified voters of said city for a referendum election on the question of the ratification of this section of this Act is filed with the Mayor and Council of said city on or before October 30, 1925, and subject to the result of said election; and on said date, to-wit, July 1, 1926, provided said petition has been filed, and subject to the result of said referendum election, the Board of Education of the City of College Park shall be and become dissolved, and the schools and school system of said city shall on said date be and become merged with and a part of the Fulton County System of Public Schools, and from and after said date shall be maintained and operated as a part of said county system under the jurisdiction and control of the Fulton County Board of Education. In the event the result of said referendum election should be in favor of the ratification of this portion of this Act and the merger of the public school system of the City of College Park with the Fulton County system of public schools, the Mayor and Council of the City of College Park shall have the right, nevertheless, to levy and assess during the year 1926, the school tax now authorized and in existence in said City, towit: the maximum school tax rate of one dollar on and per each one hundred dollars of valuation of property in said city, subject to taxation or such part thereof as may be necessary, to maintain and operate the schools and school system of said City for the period from January 1, 1926, to July 1, 1926, the time of said merger. Election to abolish schools. Sec. 8. Be it further enacted by the authority aforesaid,

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that section seven of this Act, relating to the dissolution of the schools and school system of the City of College Park and their merger with the Fulton County System of public schools, shall not become effective or operative unless a petition in writing of one-fourth of the qualified voters of the City of College Park for the holding of a referendum election in said city on the question of the ratification of section seven of this Act, is filed with the Mayor and Council of said city on or before October 30, 1925, and unless said Section seven of this Act shall be ratified by a two-thirds majority of the qualified voters of said city, voting in an election to be held on said question at the time of the general election to be held in said city on the first Monday in December, 1925. Said election shall be held at the same polling places, and during the same hours, and by the same election managers who shall hold said general election, but separate ballots and ballot boxes shall be used and separate returns made thereof. Notice of said election shall be given in the manner prescribed by law and said election shall be subject to the same rules and regulations governing elections for Mayor and Council of said City. Those in favor of the ratification of said Section Seven shall cast ballots in said election having printed thereon the words, For merger of schools with Fulton County System, and those against the ratification of said section seven shall cast ballots in said election having printed thereon the words, Against merger of schools with Fulton County System. Referendum. Petition. Polls. Notice. Ballots. Sec. 9. Be it further enacted by the authority aforesaid, that in the event any portion of this Act shall hereafter be held to be invalid for any reason, such invalidity shall not effect any other portion of this Act. Portion held invalid not to affect remainder. 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 20, 1925.

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COLUMBUS POLICE ZONES. No. 191. An Act to amend an Act to create a new charter for the City of Columbus, Georgia, and to consolidate and declare the rights and powers of said corporation, and for other purposes, approved November 29, 1890, so as to provide for zoning said City of Columbus as the police district thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act to create a new charter for the City of Columbus approved November 29, 1890, and the several acts amendatory thereof, be and the same are hereby amended as follows: Act of 1890 amended. Section 1. Zoning Regulations. The Commission of the City of Columbus may, in the interest of the public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property, or for the purpose of regulating the height of buildings or other structures, or the area or dimensions of the lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the Commission of the City of Columbus 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

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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 plan. Purpose. Classification. Sec. 2. Residence Sections. For the reasons above stated, said Commission of the City of Columbus shall have the further right and power in any districts proposed to be set aside primarily for residence purposes to further classify the use thereof and the class or classes of residents to be housed therein, and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. Residence Sections. Sec. 3. Preparation of Plan. Notice and Hearing. Ordinance. No ordinance adopting zoning regulations as above authorized shall be passed by the Commission of the City of Columbus until after a comprehensive plan for the zoning of the city has been prepared and submitted to the Commission of the City of Columbus by the Board of City Planning. Whenever the Board of City Planning shall certify to the Commission of the City of Columbus a plan for the zoning of the City the Commission of the City of Columbus 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 Board of City Planning or any such other office as may be designated by the Commission of the City of Columbus. No ordinance, measure or regulation which violates, differs or departs from the plan or report submitted by the Board of City Planning shall take effect unless passed by four votes of the Commission of the City of Columbus. Preparation of plan. Notice and hearing. Ordinance.

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Sec. 4. Amendment of Zone Plan. The Commission of the City of Columbus 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 Board of City Planning for approval or disapproval, and the Board of City Planning shall have been allowed a reasonable time, not less than thirty days, for consideration and report. Whenever the owners of fifty per cent of the land in any area shall present a petition duly signed and acknowledged to the Commission of the City of Columbus requesting an amendment of the regulations prescribed for such area, it shall be the duty of the Commission of the City of Columbus to vote upon such amendment within thirty days of the filing of same by the petitioners with the City Clerk. Amendment. Report. Petition. Sec. 5. Board of Zoning Appeals. The zoning regulations shall be enforced and administered by the City Manager under the rules and regulations of the Board of Zoning Appeals. The Commission of the City of Columbus 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 City Manager in the enforcement of the zoning regulations. The Commission of the City of Columbus may authorize the Board of Zoning Appeals to administer the details of the application of any zoning regulations and may delegate such 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 specified therein; or such administrative powers and functions may be delegated by the Commission of the City of Columbus either in whole or in part to the Board of City Planning and the Board of City Planning when acting in accordance with such delegation shall be the Board of

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Zoning Appeals, unless the Commission of the City of Columbus shall by ordinance designate the Mayor or some other member or members of the Commission to sit with said Board of City Planning when acting as the Board of Zoning Appeals. Board of Zoning Appeals. Sec. 6. Certiorari to Review Decision of Board of Zoning Appeals. Every decision of the Board of Zoning Appeals shall be subject to writ of certiorari issued from the Superior Court upon the same terms as such writs are issued in any case. Certiorari. Sec. 7. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 10, 1925. COLUMBUS TAX EXEMPTION ELECTION. No. 38. An Act to empower the City of Columbus to put into effect the provisions of article 7, section 2, paragraph 2-a of the Constitution of Georgia for exempting persons therein mentioned from city tax for a space of five years and ratifying an election called by the commission of the City of Columbus proposing said tax exemption and held on the 9th day of May, 1925, and enabling the City of Columbus to put into effect said tax exemption so proposed by a majority of the electors voting in such city, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That under the provisions of article 7, Section 2, paragraph 2-a of the Constitution of Georgia, the City of Columbus, through its Commission, did by ordinance propose to the electors of said City the tax exemption provided for in said article, section and paragraph

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of the Constitution of Georgia, which election after being regularly advertised was held on the 9th day of May, 1925, and that upon a consolidation of the result, the commission declared that the result of said election was in favor of said tax exemption and that a majority of the electors voting in said city voted in favor of said tax exemption. Tax exemption. Sec. 2. That the City of Columbus is hereby enabled, authorized and empowered, and directed, to put into effect the City of Columbus the five year tax exemption as provided in Article 7, Section 2, paragraph 2-a of the Constitution of the State of Georgia. Authority to put provision into effect. Sec. 3. That the resolution of the Commission of the city of Columbus declaring the result of said election so proposed by the City of Columbus shall be and the same is hereby declared to be conclusive against the officials of the City of Columbus and the provisions of said section of the Constitution are hereby put into effect by said election in said City of Columbus and the validity thereof is hereby declared. Validity declared. Sec. 4. Said City of Columbus is hereby enabled, and empowered by said election so held above mentioned, to put into effect the provisions of said five year tax exemption and the same shall be irrevocable upon the part of said city during the space of five years in each case where the same shall go into effect. Exemption irrevocable for five years. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 22, 1925.

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COLUMBUS; TITLE TO CERTAIN LANDS CONVEYED FOR USE AS PARK. No. 163. An Act authorizing the Commissioners of Commons of the City of Columbus, as created by an Act of the General Assembly, approved February 18, 1873, to convey to the City of Columbus the title to certain commons lands located on the South Commons West of the East side of Fourth Avenue and South of Fourth street, in the City of Columbus, said lands to be used for a public park and playground for the recreation, pleasure and amusement of the general public, as the corporate authorities of the City of Columbus may direct and for no 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, whereas, the General Assembly, by an Act approved February 18, 1873, conveyed the title in trust to the lands known as the commons of the City of Columbus to Commissioners of Commons of the City of Columbus to have and to hold said property in trust for certain purposes in said Act specified; and Preamble. Whereas, by the terms of said Act the Commissioners were empowered to have said commons surveyed and laid off into lots, and to set aside so much of said commons as said Commissioners may deem proper for parks; and Whereas, the said Board of Commissioners have reserved and set aside a tract of land in said commons hereinafter described, for the purpose of a public park, which said tract of land and said Commissioners of Commons of the City of Columbus desire shall be conveyed to the City of Columbus under certain limitations and restrictions, for park purposes,

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Therefore, be it enacted as follows: Sec. 2. That the Commissioners of Commons of the City of Columbus, be and they are hereby authorized, empowered and directed to convey to the City of Columbus, in Muscogee County, Georgia, the following described tract of land, to-wit: Conveyance of land described. All that portion of the South Commons of the City of Columbus, not heretofore conveyed, and lying West of the East side of Fourth Avenue and South of Fourth street and extending across the Chattahoochee River to the South Boundary of the City of Columbus. Sec. 3. That said commons so conveyed to the City of Columbus, shall be conveyed to said city as described in the preceding Sections of this Act for park and playground purposes, and shall be held by the city on the same terms and conditions and in like manner as the City of Columbus holds land heretofore dedicated for park purposes as set out and described in the Act of the General Assembly of Georgia approved on the 10th day of August, 1910, in which certain lands therein described are set aside and known as Golden Park, and said City shall have no power or authority to convey any part or portion of the tract herein authorized by this Act to be conveyed without the assent of two-thirds of the qualified voters of said City to be expressed at an election to be held for that purpose. Use as park and playground. Sec. 4. That all laws or parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved August 7, 1925.

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COLUMBUS; TITLES TO CERTAIN COMMONS LANDS. No. 269. An Act to authorize the Commissioners of Commons of the City of Columbus, as created by the Act of the General Assembly, approved February 18, 1873, to convey to the City of Columbus titles to certain Commons lands, being a part of Commons Block 16, and a part of Commons Block 17, located on the Commons of the City of Columbus, Georgia, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Commissioners of Commons of the City of Columbus are hereby authorized, empowered and directed to convey to the City of Columbus, without consideration, and by such conveyance vest the fee simple title in the City of Columbus to the following described real estate, to-wit: Conveyance of land described. (1) A part of Commons Block 16 located in the City of Columbus, Muscogee County, Georgia, more particularly described as follows: All of Block 16 lying east of the right of way of the Southern Railway Company. (2) A part of Commons Block 17 located in the City of Columbus, Muscogee County, Georgia, more particularly described as follows: All of Block 17 except the portion occupied by the track and right of way of the Southern Railway Company. Sec. 2. That the Commissioners of Commons of the City of Columbus are hereby empowered, enabled and directed to convey the above described property to the City of Columbus, and when conveyed the City of Columbus

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is vested with the fee simple title to said land and can sell and convey the same for value without any restrictions against the title thereof on the purchaser from the City of Columbus. Authority to convey without restriction. Sec. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 18, 1925. COMMERCE TAX COLLECTIONS. No. 127. An Act to amend an Act entitled an Act to amend the Charter of the City of Commerce, Ga., and the various Acts amendatory thereof, by striking the words thirty days in the seventh line of Section 91 of said Act and inserting in lieu thereof the words Once a week for 4 weeks, and by striking the words Court House door of the county of Jackson on lines 8 and 9 of Section 91 of said Act, and inserting in lieu thereof the following words, to-wit: Door of the Council Chamber in the City of Commerce, Ga., and by adding the following words after the words taxes on line 5 of Section 92 of said Act: Provided such sale may be conducted by the Marshal of the City of Commerce, Ga., and had before the door of the Council Chamber, so as to change the time of advertising property levied on from thirty days to once a week for four weeks, and to change the place from the Court House of the County to the door of the Council Chamber, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled an Act to amend the Charter of the City of Commerce, Ga., and the

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various Acts amendatory thereof, be and the same is hereby amended by striking the words thirty days in the seventh line of Section 91 of said Act and inserting in lieu thereof the words Once a week for 4 weeks, and by striking the words Court House door of the County of Jackson on line 8 and 9 of Section 91 of said Act and inserting in lieu thereof the following words towit: Door of the Council Chamber in the City of Commerce, Ga., so that the said Section 91 of said Act when so amended shall read as follows: Charter amended. Section 91. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, that all taxes levied by the City Council shall be collected as follows: An execution shall be issued by the Clerk of the Council, who is also ex-officio treasurer, directed to the Chief of Police against the estate, real and personal, of the defaulter, and the Chief of Police shall proceed to levy the same and after advertising for once a week for 4 weeks, shall sell the property levied on before the door of the Council Chamber in the City of Commerce, Ga., on a regular sheriff's sales day, and between the legal hours of sheriff's sales. The said Chief of Police shall put said property and shall offer the same in parcels until he gets a bid sufficient to pay the taxes and costs due and shall then knock off the property to the purchaser, and make him a deed, which shall be as effectual to pass the title as the deed of the person against whom said execution was issued. Sec. 91 read. Execution. Levy and sale. Sec. 2. And Section 92 of said Act when so amended will read as follows: Be it enacted by authority aforesaid, and it is hereby enacted by authority of the same, that the time, place and manner of the sale of property, both real and personal, for taxes due to municipal corporations in this State, shall be the same as that provided by law for sheriff's sales for State and county taxes, provided such sale may be conducted by the Marshal of the City of Commerce, Ga. When real estate has been

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sold under any State, City, County, or School 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 heirs or personal representatives or by any tenant in common, remainderman, or, other person having an interest in said property. Such property may also be redeemed by the holder of any mortgage, judgment, lien or other interest in said property, or by any creditor of the defendant in fi. fa. Sec. 92 read. Redemption. Sec. 3. Be it further enacted that all acts or parts of Acts in conflict with this Act be, and the same are, hereby repealed. Approved August 4, 1925. CORDELE CHARTER AMENDED. No. 15. An Act to amend an Act approved August 15th, 1922, found in Acts of 1922, pages 680 to 719, providing a new charter for the City of Cordele, so as to provide when the registration books of said city shall close prior to elections held therein; so as to change the duties of the purchasing agent of said city in certain respects; so as to enlarge the duties of the Board of Education of said city, and provide for the giving of bond by the treasurer of the Board of Education 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 the Act approved August 15th, 1922, creating a new charter for the City of Cordele, appearing in Acts of 1922, pages 670 to 719, be and the same is hereby amended in the following particulars, to-wit: Act of 1922 amended. a. Section 17 of said Act is amended by adding after the word business occurring at the end of the 4th

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line of said Section of the following provision, to-wit; provided that ten days before any general or special election held in said city, the registration books shall be closed for the purpose of purging the registration list, and preparing a certified list, of the qualified voters to participate in any such elections to be furnished to the election managers; and said registration books shall be re-opened on the day next following any such election, so that said Section 17 when so amended shall read as follows, to-wit: Section 17. Be it further enacted that the City Clerk of Cordele shall always keep such registration open for signature, at his office, at any and all times when his office is opened for the payment of taxes, or the transaction of other business: Provided that ten days before any general or special election held in said city, the registration books shall be closed for the purpose of purging the registration list, and preparing a certified list of the qualified voters to participate in any such elections to be furnished to the elections managers; and said registration shall be re-opened on the day next following any such election. Sec. 17 read. Registration of voters. b. Amend sub-section h of Section 14 of said Act, by adding thereto the following words, to-wit: Provided that the powers and duties conferred shall not extend to the purchase of supplies used in and for the Public Schools of said city; so that said sub-section h of Section 14 of said Act when so amended, shall read as follows, to-wit: (h) He shall be the purchasing agent for the city and shall buy supplies of every sort, kind and character used in the city's business: Provided that the powers and duties herein conferred shall not extend to the purchase of supplies used in and for the Public Schools of said City. Sec. 14h read. Purchase of school supplies. c. Amend said Act by striking therefrom Sections 73 and 74 as they appear on pages 715 and 716 of the Acts of 1922, and substitute in lieu thereof new sections, to read as follows, to-wit: Section 73. Be it further enacted

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that the Board of Education of Cordele shall determine what amount of money will be necessary to raise by taxation, to defray the expenses of said schools for the ensuing year, and shall advise the City Commission in writing of the amount so needed, which shall in no event exceed the legal limit which may be levied for school purposes within a single year; and said City Commission shall thereupon levy such an amount upon the taxable property of said city as will when collected yield the same; and when so levied and collected, the same shall be paid over monthly to the treasurer of the Board of Education of said city by the city Treasurer of Cordele; and said treasurer of the Board of Education shall disburse the same under the direction and control of said Board of Education. New sec. 73. School tax. Section 74. Be it further enacted, that so long as the Public Schools are maintained in the City of Cordele, the State School Superintendent is hereby directed and required to pay over to the treasurer of the Board of Education of said City of Cordele for the use of the Public Schools thereof, the proportion of the common school funds arising from any source, apportioned to the City of Cordele, to be by the Board of Education thereof expended in the establishment and maintenance of said public schools as authorized and directed by the Constitution and the laws of this State. New Sec. 74. Payment to Board of Education. The treasurer of the Board of Education of said City of Cordele before entering upon the discharge of the duties of the office shall give bond in such sum as may be required by the City Commission, condition for the faithful performance of the duties of said office of treasurer, including the faithful accounting of all monies handled thereby, and upon which bond the surety shall be some reputable or bonding company qualified to do and doing business in this State. Treasurer of Board of Education; bond.

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Sec. 2. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with the foregoing amendment be and the same are hereby repealed. Approved July 18, 1925. CRAWFORDVILLE PUBLIC UTILITY FRANCHISES. No. 259. An Act to amend the charter of the City of Crawfordville in the County of Taliaferro, approved December 18, 1894, and all Acts amendatory thereof, so as to empower the said municipal corporation acting through its Mayor and Council to grant a franchise or franchises to an individual or individuals, or to a firm or firms, or to a corporation or corporations, to build, construct, own, maintain and operate a steam railway or railways, or an electric railway or railways, or interurban railway or railways, or a system or systems of electric light, or telephone, or telegraph lines and poles, or water works, or gas works, or sewerage works, or any other public utility service, and any plant, machinery, and operations necessary or incidental to any of said purposes, through, over, and under the streets, highways, roads, alleys, sidewalks, or other public places in said city; and to grant any right or rights of way for any or all said purposes; for a period of not exceeding 99 years to any one or more or all of said public utilities; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the said city of Crawfordville, by and through its Mayor and Council, is hereby authorized to grant a franchise or franchises to individual or individuals, or to a firm or firms, or to corporation or

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corporations, to build, construct, own, maintain, and operate a steam railway or railways, or an electric street railway or railways, or an interurban railway or railways, or a system or systems of electric light, or telephone or telegraph, lines and poles, or water-works, or gas-works, or sewerage works, or any other public utility service, and any plant, machinery, and operations necessary or incidental to any of said purposes, through, over, and under the streets, highways, roads, alleys, sidewalks, or other public places in said city, and to grant any right or rights of way for any or all said purposes, all by proper ordinances, and for use in such manner and upon such terms and conditions and for such a period or periods of time not exceeding ninety-nine (99) years to any one or more or all of said public utilities, all as the said city of Crawfordville by and through its said Mayor and Council and by and through ordinances passed by them shall see fit and proper. Authority to grant franchises. Purposes. Period. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1925. CUTHBERT; REGISTRATION OF VOTERS. No. 40. An Act to amend the Charter of the City of Cuthbert, in the County of Randolph, approved August 15, 1910, as amended by the Acts of July 23, 1914, July 30, 1917, and July 24, 1920, by striking therefrom Section 14 of said Charter with reference to registration of voters, and by inserting in lieu thereof a new Section providing for a permanent registration of voters, 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 aforesaid, that the Charter of the City of Cuthbert, contained in the Act of the General Assembly of Georgia, approved August 15, 1910, be and the same is hereby amended by striking therefrom Section 14 of said Charter with reference to registration of voters, and by inserting in lieu thereof a new Section as follows: Act of 1910 amended. Section 14. Be it further enacted, that the Clerk of the City of Cuthbert, shall open a list for the registration of voters, and shall keep a voters 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 Cuthbert, his or her age, place of residence, and occupation. Said Clerk must not permit any one to register who is not entitled to do so, and before any person is permitted to register in said voters book, it shall be the duty of said Clerk to administer to the said person the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in the City of Cuthbert for three months next preceding this registration, or that by the date next election is held in and for said City, if then a resident, you will have done so; that you are twenty-one years of age, or will be prior to said day of election; and that you have paid all taxes legally imposed and demanded by the authorities of said city, so help you God. The voters 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 voters book. When any special election is called for any purpose, the said clerk shall close the voters book and registration list five days prior to said

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election; and no one shall be permitted to vote at any special 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 prescribed shall remain upon said list and be qualified to vote in any election so long as said voter shall not become disqualified. New Sec. 14. Voters' book. Oath Time of registration. It shall be the duty of the Clerk of said City to prepare two lists of the names of the voters registered, in alphabetical order, after the same has been purged by the Mayor and Aldermen and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said list before them during the election and shall permit no one to vote in said election whose name does not appear thereon, unless some name be accidentally omitted from the registration list so furnished by the said clerk. In this event such name can be sent in by the clerk with his official signature and seal attached to his certificate, in which he states fully that the voter whose name was accidentally omitted was duly and legally registered and is entitled to vote in the election. List. Any person voting in any election held in said City who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed by the laws of this State for illegal voting. Illegal voting; penalty. After said registration lists or voters book is closed, and prior to the day of the election for which said registration is had, the Mayor and Aldermen shall examine, revise and purge the registration lists as made up and returned by the said Clerk of the said City of all illegally registered voters or persons disqualified from voting for any lawful reason, provided, that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified at

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least twelve hours before final action thereon by the Mayor and Aldermen, that such person or persons, may show cause, if any, why such action should not be taken. Disqualification. Notice. 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 22, 1925. DALTON SCHOOL TAX. No. 182. An Act to provide for the levying of a tax for the maintenance of public schools in the city of Dalton; to fix the limit to be observed in the levying of such tax; to prescribe in connection therewith the respective duties of the Board of Education and the Mayor and Council; to provide how and 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 the passage of this Act, the Mayor and Council of the City of Dalton shall be authorized to levy annually upon taxable property within said city an ad valorem tax not to exceed eight mills on the dollar for educational purposes and for the maintenance of the public schools of the city of Dalton. Tax rate Sec. 2. Be it further enacted by the authority aforesaid, that it shall be the duty of the Board of Education of said city annually prior to the levying of city taxes to submit to the Mayor and Council a budget, showing in detail estimated needs of the public schools of said city for the ensuing year; and it shall thereupon be the duty of said Mayor and Council to levy a tax as provided

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in section one hereof, in addition to all other taxes, sufficient to raise an amount of money which will equal the amount of such budget. Board of Education; Submission of budget. Sec. 3. Be it further enacted by the authority aforesaid, that it shall be the duty of the Mayor and Council of said city to provide for the holding of an election therein on some convenient date within a reasonable period after the passage of this Act, which election shall be held under all the ordinances and laws regulating the holding of elections in said city, and with the same registration lists used in the last election in said city. At said election, there shall be submitted to the qualified voters of said city the questions of approval of this Act; and if at said election a majority of those voting thereat shall vote in favor of the approval of this Act the result shall be so declared by the Mayor and Council and entered on the minutes of said city and this Act shall from thence forth be in full force and effect. At said election those favoring the approval of this act shall have written or printed on their ballots the words, For approval of act to provide funds for the public schools of the city of Dalton, and those opposing the approval of this act shall have written or printed on their ballots the words, against approval of act to provide funds for the public schools of the city of Dalton. Election to ratify. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts thereof herewith conflicting are repealed. Approved August 8, 1925.

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DOERUN; ACQUISITION OF ICE PLANT. No. 380. An Act to amend an Act, approved August 19th, 1922, entitled An Act to amend, revise, consolidate and supersede the several Acts incorporating the town of Doerun, and the City of Doerun, in the County of Colquitt, State of Georgia,and for other purposes. (Ga. Laws 1922, pp. 751-783), so as to empower said city of Doerun to purchase, lease, or otherwise acquire, and to run, maintain and operate an ice and cold storage plant, 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 charter of the City of Doerun, as described in the caption of this Act, be, and the same is, hereby amended by adding thereto the following provisions and section: Act of 1922 amended. Sec. 2. That said City of Doerun shall have the power and authority to purchase, lease, or otherwise acquire, and to own, maintain, and operate an ice and cold storage plant; and to engage in the business of manufacturing and selling ice, and of doing a general cold storage business. Said city shall be authorized and empowered to pay the cost of acquiring and maintaining said plant, as a part of the general expense of said city government from taxes levied to pay such general expense, or from taxes levied especially for that purpose; and the Mayor and Council of said city shall have the right and authority, in their discretion, to issue bonds of said city for the purpose of enabling said city to comply with the power and authority granted by this Act, with reference to said business,provided that in issuing said bonds all the provisions of the Constitution and laws of this State, relating to the issuing of municipal bonds, shall be fully complied with. Authority to acquire and maintain plant.

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Sec. 3. Be it further enacted by the authority aforesaid that this Act shall not go into effect until this Act shall have been submitted for ratification to the qualified voters of said city of Doerun 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, not earlier than November 1, 1925, and not later than December 15, 1925, as the Mayor and council of said city shall call and order. Said election shall be held and governed by the same rules and regulations as elections for mayor and aldermen. Thirty days publication and notice of the date of said election, and notice of the date of said election shall be posted in three public places in said city 30 days prior to said election. At said election the question submitted to the qualified voters shall be For Purchase of Ice Plant and Against Purchase of Ice Plant. The mayor and council shall prepare and furnish tickets for said election and the managers of said election shall consolidate the votes and report the results of said election to the mayor and council of said city who shall enter the same 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 For Purchase of Ice Plant this Act shall become effective as soon as the result of said election is declared. Election to ratify. 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 22, 1925.

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DOUGLASVILLE; SALE OF PLANT; REFERENDUM. No. 237. An Act to amend the charter of the Town of Douglasville, Douglas County, Georgia, empowering and authorizing the Mayor and Council of said town to rent, lease, sell and dispose of the Electric Light Plant of said town of Douglasville and the Water Works System of said town, and providing for a referendum for said sales, leasing and renting and disposing thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is enacted by the same, that the Mayor and Council of the Town of Douglasville said State, shall have power and authority to rent, lease, sell and dispose of the electric light plant and the water-works system thereof, or either, in such a manner and at such price and consideration as to them may seem just. Authority to dispose of electric light and water systems. Sec. 2. Be it further enacted, that upon the renting, leasing and selling and disposing of said electric light plant and water works system as provided in section one of this Act, said rent, lease, sale or other contract disposing of said plant and said system shall not be valid and binding upon Town of Douglasville until the contractor contracts therefor shall have been ratified and approved at election of said town of Douglasville in which all the qualified voters of said Town of Douglasville shall be entitled to vote; and said election to be called by the Mayor and Council thereof after thirty days notice of the call, which notice shall contain copy of said contract or contracts and published in the newspaper of said town for thirty days. Election to ratify. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act or any part thereof are hereby repealed. Approved August 14, 1925.

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DUBLIN; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 158. An Act to amend an Act to establish a new charter for the City of Dublin, approved August 15, 1910 and all Acts amendatory thereof: To provide authority for the Mayor and Aldermen of said City to contract to sell and to sell said city's complete electric and steam plant, distribution lines, equipment, and property connected therewith and to cease operation of such utility; to grant local public utility franchises and use of streets and public places therefor; to name in said Act a commission known as the Sinking Fund Bond Commission of the City of Dublin, for the purpose of handling the funds arising from the sale of such utility; and other funds; to prescribe the duties of such commission; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an act establishing a new charter for the City of Dublin, approved August 15, 1910, and all acts amendatory thereof, be and the same are hereby amended as follows: Act of 1910 amended. The Mayor and Aldermen of the City of Dublin are hereby authorized and empowered, by ordinance, to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distributing lines and all equipment, apparatus, and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the City of Dublin, and to convey good and clear title thereto by deed of the City executed by its Mayor. Authority to dispose of plant and to grant franchises. Sec. 2. Be it further enacted by the authority aforesaid that a Sinking Fund Bond Commission of the City

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of Dublin is hereby created to be composed of three members, who shall be freeholders of the City of Dublin, and who shall be nominated and elected as other officers and employees of the City of Dublin are elected by the Mayor and Council aforesaid. Sinking Fund Bond Commission. Sec. 3. Said Bond Commission shall take charge of and receive all moneys arising from proceeds of sale of any city property of said City of Dublin as are now covered by a bond issue or bond issues, and any other funds arising from budget tax levy carrying a levy for the purpose of retiring any bonds of said City, and any funds now on hand or that may hereafter accumulate for the purpose of retiring the bonded indebtedness of said city. Proceeds of sale. Sec. 4. Said Bond Commission shall immediately upon their appointment to said office purchase all available bonds of the City of Dublin that they can obtain at a reasonable price, and turn same over to the Mayor and Aldermen of the City for destruction as provided in the Code of said City. In the event that said bonds aforesaid can not be bought at a reasonable price said Bond Commission to invest such funds or residue thereof, in good and approved municipal, State, County Bonds or United States securities. Retirement of bonds. Sec. 5. Said Commission shall remain in office, continuously, as long as there are any outstanding City of Dublin Bonds. Any vacancy occuring therein, either from death, resignation or otherwise shall be filled by election by the Mayor and Council of said City. Said Commission or any member thereof can be removed by the Mayor and Council of said City for good and sufficient cause, upon charges preferred and sustained as in the case of other officers and employees elected by such Mayor and Council of said City of Dublin. Term; vacancies. Sec. 6. Each member of said Commission, before entering upon the duties of their office shall take and subscribe an oath to well and truly perform their duties to

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the best of their ability, the same to be recorded upon the Minutes of said City, and shall give a good and solvent bond, payable to the City of Dublin, Georgia, in the sum of not less than Ten Thousand Dollars, the same to be signed by some good and solvent Surety Company doing business in this State, and to be approved by the Clerk of the Mayor and Council of said City, conditioned for legal and faithful performance of their duties. Oath; bond. Sec. 7. Any funds aforesaid that may come into the hands of said Commission while not invested or used as provided hereinbefore in this Act shall be deposited by said Commission in some good and solvent Bank or Trust Company authorized by law to act as Trustee or Guardian, and said Commission is hereby authorized and directed to create such Bank or Trust Company trustees for such funds. Investment of funds. Sec. 8. Be it further enacted by the authority aforesaid, That the Mayor of the City of Dublin shall submit this Act to the qualified voters of the said City at an election to be called for such purpose, within a reasonable time after the passage of said Act, said election to be called, held and results thereof declared under the same rules, regulations and restrictions as are now in force in said City for the election of an Alderman to fill a vacancy in the Board of Aldermen of said City, except as where the provisions hereof conflict with said rules, regulations and restrictions. Said election shall not be called earlier than thirty days after the approval of this Act and shall be advertised once a week for four weeks preceding such election, such notice of election to be published in the newspaper in which the Sheriff's advertisements of Laurens County are published. The ballot of the voter voting for ratification of this Act to contain the following words: For ratification of Act authorizing Mayor and Council to sell electric plant and establishing Sinking Fund Bond Commission; the ballot of the voter voting against ratification

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of this Act to contain the following words: Against ratification of Act authorizing Mayor and Council to sell electric plant and establishing Sinking Fund Bond Commission. All voters who were qualified to vote in the last general election of the City of Dublin shall be qualified to vote in the election authorized by this Act. If a majority of the qualified voters who vote in the election herein provided for vote in favor of ratification of this Act, then the same shall become effective, otherwise not. That not earlier than five (5) days after such election the Mayor shall declare the results thereof by proclamation spread upon the Minutes of said Mayor and Council and when this shall have been done, it shall be conclusive that all rules, regulations and restrictions governing such election shall have been fully and completely complied with. Election to ratify. 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 7, 1925. EAST POINT BOND ISSUE. No. 305. An Act to amend an Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, and the several Acts amendatory thereof, so as to authorize and empower the said City of East Point to issue bonds, from time to time, and for such purposes as the law permits, and for such an amount as the governing authorities of said City may deem proper, within the limitations allowed under the Constitution of the State of Georgia, 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 Section sixty-one of an Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, be and the same is hereby amended by striking the words Board of Education beginning in line one and ending in line two of said section, and substituting in lieu thereof the words, City Council, and by striking the word Board, in line six of said section, being the eighth word in said line, and substituting therefor the words, City Council, and by striking the figures $12,000,00 in line ten of said section, and the word of next following said figures, and by striking the words, Board of Education, in the last line of said section, and inserting in lieu thereof the words, City Council, so that said section when amended shall read as follows: Act of 1912 amended. Section 61. Be it further enacted, That the City Council of said City of East Point be, and they are hereby authorized and empowered to purchase, build, erect, furnish and maintain other and additional such school buildings and premises or lots on which same shall be erected, at such places in said City as said City Council may deem proper, and for the use and benefit of the public school system of said city; and for such purpose, the city council of said city are hereby authorized and empowered in their discretion, to issue and sell bonds of said city, in such denominations as they may deem proper, running for not more than thirty years from the date of their issue and to bear interest at the rate of not exceeding five per cent. per annum, the principal and interest of said bonds to be payable in gold coin of the United States of the present standard weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided that the qualification of voters of said city assent to the issue of said bonds as provided by law at an election to be called

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by the City Council at such times as they may deem proper and in accordance with the general law of the State of Georgia, for such elections. In the event said bonds are authorized and issued the City Council shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, erecting, furnishing, procuring, owning and maintaining another and an additional school building or buildings and the premises or real estate on which the same shall be erected, for the use and benefit of the public school system of said city as hereinbefore provided, and in such manner and at such places in said City as the City Council may deem proper. Sec. 61 read. City council to build and maintain schools. Bonds. Election to authorize issue. Sec. 2. Be it further enacted by the authority aforesaid, That section two of an Act approved August 19, 1922, 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, be and the same is hereby amended by striking that portion of said section beginning with the eleventh word, in, in line three of said section and ending with the fourth word, dollars in line four of said section, the words to be stricken being as follows: in the sum of seventy-five thousand dollars, so that said section when amended shall read as follows: Act of 1922 amended. Sec. 2 read. Sec. 2. Be it further enacted by the authority aforesaid, That the governing authorities of said City of East Point be, and they are, hereby authorized and empowered to issue and sell bonds of the said City of East Point in such denominations as may be determined by the said city authorities, and use the proceeds from the sale of same for the purpose aforesaid. One-thirtieth

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of the principal amount of said bonds shall mature annually, and the same shall bear interest at the rate of not more than five per cent. per annum, and the interest on all of said bonds shall be paid annually. Denomination of bonds. Sec. 3. Be it further enacted by the authority aforesaid, That section eight of said Act, approved August 19, 1922, be and the same is hereby amended by striking that portion of said section beginning with the fifth word, in, in line three of said section and ending with the first word, dollars, in line four of said section, and the words stricken from said paragraph being as follows: in the sum of seventy-five thousand dollars, so that said section when amended, shall read as follows: Sec. 8. Be it further enacted, That the said City of East point be and it is hereby authorized and empowered to issue and sell bonds in such denominations as may be deemed proper in the discretion of the City Council, and the proceeds from the sale of same for the purpose of improving, extending and making such additions to the waterworks system as may deem necessary by the City Council. One-thirtieth of the principal amount of said bonds shall mature annually, and the same shall bear interest at the rate of not more than five per cent. per annum, and the interest on all of said bonds shall be paid annually. Sec. 8 read. Waterworks bonds. Sec. 4. Be it further enacted by the authority aforesaid, That the City of East Point, by and through the governing authorities of said City, be and it is hereby authorized and empowered to issue bonds for any legitimate purpose, from time to time, and at such times, and in such denominations as the governing authorities of said City may deem necessary and proper, and to prescribe and fix the rate of interest, and the time of payment of the principal and interest, in the manner as now provided by the general law of the State of Georgia relative to the issuance of bonds by municipalities, and provided that the total bonded indebtedness of said City

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shall at no time exceed the amount authorized by the Constitution of the State of Georgia. Authority to issue bonds. Sec. 5. Be it further enacted by the authority aforesaid, That all laws, or parts thereof, in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1925. EAST POINT; PLANNING COMMISSION AND ZONING. No. 284. An Act to amend an Act approved August 19, 1912, creating a new charter for the City of East Point in the County of Fulton, and the several Acts amendatory thereof, so as to authorize the City Council of East Point, in the interest of the public health, safety, order, convenience, comfort, prosperity or general welfare to adopt and prescribe by ordinance a plan or plans for the districting or zoning of the City for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of the property, or for the purpose of regulating the height of the building 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 a street frontage. And to further authorize said City Council of East Point to provide by ordinance and to create as a part of the Government of said City a commission to be composed of as many citizens as by ordinance may be prescribed, to be known as the City Planning Commission, and to provide for the election or appointment of said commission, for such term of office as said City Council may by ordinance prescribe; and further to create a

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Board of Zoning Appeals; and further to perscribe by ordinance the duties, power and authority of said City Planning Commission and said Board of Zoning Appeals, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 19, 1912, creating a new charter for the City of East Point in the County of Fulton, and the several Acts amendatory thereof, be and the same is hereby amended so as to authorize and empower the City Council of East Point, in the interest of the public health, safety, order, convenience, comfort, prosperity or general welfare to adopt by ordinance a plan or plans for the districting or zoning the territory of the City of East Point for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of the buildings or other structures or the area or dimensions of the lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulation may be based upon any one or more of the purposes above described. The territory of said City may be divided into such number of zones or districts and such districts may be of such shape and area as the City Council may deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of district and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of the premises or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Act of 1912 amended. Authority to zone territory. Purposes. Classification.

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Sec. 2. Residence Sections. For the reasons above stated, said City Council shall have the further right and power in any districts proposed to be set aside primarily for residence purposes to further classify the use thereof and to provide therein the class or classes of residents to be housed therein 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 the above sections shall be adopted except by three-fourths vote of said City Council. Residence Sections. Sec. 3. Preparation of Plan: Notice and Hearing: Ordinance. No ordinance adopting zoning regulations as above authorized shall be passed by the City Council until after a comprehensive plan for the zoning of the city has been prepared and submitted to the City Council by the City Planning Commission. Whenever the City Planning Commission shall certify to the City Council a plan for the zoning of the city said City Council 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 said City Council. 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 City Council. Preparation of plan. Notice and hearing. Ordinance. Sec. 4. Amendment of Zone Plan. The City Council may from time to time amend or change the regulations or districts established by 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

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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 per cent of the land in any area shall present a petition duly signed and acknowledged to the City Council requesting an amendment of the regulation prescribed for such area, it shall be the duty of the City Council to vote upon such amendment within ninety days of the filing of same by the petitioners with the City Clerk. Amendments. Petition. Sec. 5. Board of Zoning Appeals. 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 City Council 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 City Council may authorize the Board of Zoning Appeals to administer the details of the application of any zoning regulations and may delegate to such 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 City Council 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. Sec. 6. Be it further enacted, That for the purpose of executing and carrying out the zoning and districting of said City of East Point there shall be created as a part of the Government of the City of East Point a commission to be known as the City Planning Commission, which commission shall consist of an equal number of citizens from each of the three wards of the said City,

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which number shall by ordinance be prescribed by the City Council, and the manner of the election of said commission and the term of office shall be as prescribed by ordinance of said City Council. City Planning Commission. Sec. 7. Said Commission shall have all the power hereinafter set forth and, in addition thereto, such powers as may be proper and consistent with the organizations and operation of said Commission as may be established by ordinance passed by the City Council and an office shall be provided for said Commission at the City Hall, if possible, at which to hold its meetings, transact its business and keep its records. Power to organize; office provided. Said Commission shall have power and authority to employ consulting advice on municipal problems and such other help as may be necessary and to pay for the services thereof, including necessary disbursements incurred by its members in the performance of their duties under the direction of such Commission from such funds as may be pledged at the disposal of said Commission by authority of the City Council. Employment of advisers. Sec. 8. It shall be the duty of said Commission and they shall have power to recommend or make suggestions to the City Council and to all other public authorities concerning the laying out, widening, extending and parking or locations 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 City Council 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

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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. Recommendation. Sec. 9. Said Commission shall have authority to investigate and make recommendations concerning all plans for sewers, both sanitary and storm-water, where placed in any property, or subdivisions or lots which are intended to be sold. Sewers. Whenever said City undertakes the erection of a public building aside from school buildings, the buildings here referred to constitute buildings to be owned and controlled by the City of East Point, the plans and locations thereof must first be submitted to the Commission and receive its approval before the erection of such buildings, is begun. Public buildings. Said Commission shall have authority to make recommendations to all parties, corporations or public authorities with reference to the erection of buildings, structures or work to be erected or remodeled and such persons or authorities shall have authority to call upon the Commission for a report as to the construction, placing or designing of buildings or other structures and unprovements or objects of art. Private buildings. Sec. 10. All officials of said City shall at all times render assistance to said Commission when it calls upon them for such service. Assistance, city officials to render. Sec. 11. The City Council shall make such appropriation for carrying on the work of said Commission in like manner and form as appropriations are made to other departments of the city and in such amounts as said City Council in its discretion may deem advisable and expedient to appropriate from the public treasury of said city. Said Commission shall have authority to receive gifts, bequests and devises of property and to carry out

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the general purposes of same and when such gifts, bequests or devises are made to said 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. Appropriations, gifts, etc. Sec. 12. Said Commission shall prepare and submit to the City Council a comprehensive plan for the zoning of the city for the purpose of suggesting the proper location of streets, apartment houses, dwellings and other uses of property, the height of buildings, the area of the lot, the provision of yard space and the fixing of building lines. It is not intended by this provision to vest in said Commission or the City Council authority to finally control the location and operation thereof, but only to make suggestions which shall be given publicity and to give the owners of buildings the benefit of the suggestions, all looking towards the final betterment and improvement of the City. Zoning plan. Sec. 13. No ordinance or resolution authorizing any buildings, work or improvements, where same is done by authority of the city or for the benefit of the city shall be passed by the City Council unless same shall have first been submitted to the Commission for its consideration and had report thereon. Afterwards, the City Council 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 Commission thereon, to-wit: public buildings, as above stated, where undertaken by or on behalf of the City of East Point, except school buildings, viaducts, bridges, street fixtures and other street structures and appurtenances; opening, widening, vacation or extension of any street. Ordinances submitted to Commission. Sec. 14. Where any ordinance or resolution, relating to the matters just named, are introduced in the City Council, the City Clerk shall, upon its introduction, refer such ordinance or resolution to the Commission and

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the City Council shall not act thereon, until report shall be made by the Commission, as above stated, except where such report is delayed beyond a period of thirty days, the City Council may take it up and pass same without such report. Report. Council to act after 30 days. Sec. 15. Certiorari to Review Decision of Board of Zoning Appeals. Every decision of the Board of Zoning Appeals shall be subject to writ of certiorari issued from the Superior Court upon the same terms as such writs are issued in any case. Certiorari. Sec. 16. Be it further enacted by the authority aforesaid, That all laws or parts thereof in conflict with this Act be and the same are hereby repealed. EAST POINT SEWER ASSESSMENTS. No. 329. An Act to amend an Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, whereby Section Sixty-seven of said Act will be amended so as to allow the City Council of East Point to assess the amount of the actual cost of laying or repairing sewers or the sewerage system against the property and the estates abutting said sewer on each side of the street, equally along which said sewer is repaired, laid or constructed, and the owners of such property and estates, 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 sixty-seven of the Act approved August 12, 1912, creating a new charter for the City of East Point, in the County of Fulton, be and the same is hereby amended as follows: By striking that portion of said section beginning with the fifth word in line five,

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being the article a, and ending with the fourth word in line six of said section, being the word foot, the words to be stricken being as follows: a sum of not more than fifty cents per lineal foot, and inserting in lieu thereof the following: The amount of the actual costs; and also by striking from said section beginning with the word for in line nineteen and ending with the word said in line twenty-two, the words to be stricken being as follows: for lineal foot, making in all not more than one dollar for every foot to be assessed upon such property through which sewers are constructed as aforesaid; and also by striking from said section beginning with the word the in line twenty-six of said section and ending with the word city in line twenty-nine. The words stricken from said paragraph being as follows: The remaining cost of all sewers constructed after the collection of the assessment levied shall be paid by the city council from the treasury of the city; so that said section when amended shall read as follows: Act of 1912 amended. Sec. 67. Be it further enacted, That the city council shall have the power and authority to lay down and construct and repair sewers and a sewerage system, in said city, including the disposition of sewerage matter, and in their discretion to assess the amount of the actual cost for the construction of such sewers, upon the property and estates respectively abutting on said sewer on each side of the street along which said sewer is laid or constructed and in consideration of the payment of said assessment, the owners of said property or estate shall have the right to have their drains from their abutting property connected with said sewer at their cost and under such rules and regulations as the Mayor and Council may prescribe by ordinance. In case any sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like assessment as above named may be assessed upon such abutting property, on each side of said sewer. The extent and character, material used, and expenses of

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sewers constructed, as well as the time and manner of constructing the same shall be in the discretion of the mayor and council, to be prescribed from time to time by ordinance. The assessment provided for above shall have a like lien on property against which assessed, and the same shall be enforced in like manner and under the same procedure, as liens for street and sidewalk improvements provided for in this Act. In case any sewer or parts of same shall be located upon or through private property, or such location should be for the public interest, and the owners of said property refuse to grant a right of way for that purpose, and such owner or owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in case of property taken under condemnation proceedings, under the laws of this State for opening, straightening, or widening streets under this charter. Upon payment of tender of the amount of the award the work may proceed, notwithstanding the entering of any appeal. The City Council, when in their judgment deem it necessary for the preservation of the health of the inhabitants of said City, shall have full power and authority to extend the system of sewerages and drainage beyond the limits of said city, and the provisions of this Act as to the construction, maintenance, preservation and protection of such sewerage system and the taking of property therefor shall apply to the territory without said city limits as may be necessary for the purposes aforesaid. Sec. 67 read. Sewer assessments. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925.

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EATONTON SCHOOL TAX. No. 114. An Act to amend Section 28 of the Act approved August 5, 1908, 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, as amended by the Act approved August 7, 1919, by striking therefrom the words one and one-fifth and inserting in lieu thereof the words one and two fifths, and by adding after the figures 1892 the words one per centum to be for the use of the said City, and two fifths of one per centum, in addition to the amount provided, by said special Act, or so much thereof as may be needed, to be for the support of the public schools of the said City, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 28 of an Act approved August 5, 1908, 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, as amended by the Act approved August 7, 1919, be and the same is hereby amended by striking from said Section 28, as amended, the words one and one fifth and inserting in lieu thereof the words one and two fifths, and by adding after the figures 1892 the words: one per centum to be for the use of said City, and two fifths of one per centum, in addition to the amount provided by said special Act, or so much thereof as may be needed, to be for the support of the public schools of said city, so that said section 28, as amended, shall read as follows: Act of 1908 amended. Sec. 28. Said City of Eatonton shall have the right, power and authority to assess, levy and collect a tax upon all property, both real and personal, within the limits

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of the City, not to exceed one and two fifths per centum ad valorem. except the amount authorized by the law establishing schools for the city approved December 12, 1892, one per centum to be for the use of said city, and two fifths of one per centum, in addition to the amount provided by said special Act, or, as much thereof as may be needed, to be for the support of the public schools of the city; to levy and collect a specific or occupation tax upon all business occupations, professions, callings or trades public or private, exercised within the city, as may be deemed just and proper, and upon franchises; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, on the sale of spirituous or malt liquors (if the sale thereof is not prohibited by law), and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kinds of tables, ten-pin alleys and similar devices, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, legitimately coming within the police power of the city, as may be just and reasonable; and to fix and collect a specific or occupation tax upon the agency of any railroad, express, telegraph, telephone, or electric light company, or other similar corporation. The taxing power of the city, except as limited by law, shall be as general, complete and full as that of the State itself. Sec 28. read. Tax rate. Licenses. (1) Said City shall provide, by ordinance, for the return of all real and personal property for taxation, and may double tax defaulters. The board of council shall prescribe the time and manner of making such returns, and shall have the power and authority to enforce the collection of taxes, both ad valorem and specific, by execution issued by the City Clerk, and bearing test in the name of the Mayor, which execution shall be issued at the time and in the manner to be prescribed by ordinances, and the sales under such execution shall be conducted as prescribed by laws of the State in such cases. The marshal of said City is hereby authorized and empowered

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to levy and collect any such tax executions or other execution, or they may be levied and collected by the sheriff of Putnam County. They shall be directed to such officers in the alternative. Returns. (2) Said city may require the registration of any business subject to specific or occupation tax, and may prescribe a penalty for engaging in any such business without registering the same and paying the tax, or either. Registration of business subject to occupation tax. (3) Said City is empowered to require each male resident thereof, between the ages of sixteen (16) and fifty (50) years to work upon the streets of said city for as many as eight days in each year, or in lieu of such work, to pay a street or road tax of not more than five dollars annually, and further to provide the time and manner of collecting said tax, and to punish persons who may, after due notice, fail or refuse to perform the work required or pay the tax, as herein provided in case of violation of other ordinances. Road tax. (4) Said City may provided for a board of tax assessors, who shall be elected by the people annually at the regular city election, and whose compensation shall not exceed five ($5.00) dollars per day when officially engaged; who shall assess for taxation the value of all property, real or personal, in said city, and shall have all the powers of a court to compel the attendance of parties and witnesses, and to enforce the same by attachments for contempt; such attachments to be returned to the police court, and the offenders, if convicted, to be punished as if in contempt of said court. Board of tax assessors. Sec. 2. Be it further enacted, by the authority aforesaid, That this Act shall not go into effect until the same shall have been ratified by two thirds of those voting in an election which shall be called and ordered by the Board of Council of said City, and held not less than twenty days after the adoption and passage of this

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Act; notice of the said election shall be given by publication in a newspaper of general circulation in said city; and those voting in favor of the ratification of this Act shall cast ballots having written or printed thereon For Special School Tax, while those voting against the ratification of this Act shall cast ballots having written or printed thereon Against Special School Tax. The said Board of Council shall receive the returns of such special election, and declare the result. If at the election so held a majority of those voting shall be in favor of ratification, but not two thirds, a second election may be called and held within one year, or less, but there shall be no third or subsequent election. Election to ratify. Sec. 3. 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; but nothing herein shall be construed to repeal any local or general law providing for the support and maintenance of the public schools of said city. Approved August 3, 1925. FAIRBURN, NEW CHARTER FOR. No. 107. An Act to amend, revise, consolidate and supersede the several Acts incorporating the Town of Fairburn, in Campbell County, State of Georgia; to reincorporate said Town or corporation; to create a new Charter and municipal government for said town; to declare and consolidate the rights and powers of said corporation; to prescribe the limits of said corporation; to provide for a Mayor and Council and other officials and employees of said City and to prescribe their qualifications, manner of election, terms of office, powers, rights, privileges and duties; to confer on said Mayor

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and Council certain duties, powers and privileges; to provide for all elections necessary for the purpose herein; to locate voting places, prescribe the method of holding elections and designate the qualifications of voters; to declare and define the police powers of said City; to regulate the public officers and other officers of said city and fix the salaries of all officers of said city; to provide for the government of said city and for all matters of municipal concern and cognizance; to provide that all valid contracts or indebtedness heretofore entered into and incurred by the corporate authorities of the former Town of Fairburn or by the Mayor and Aldermen of the Town of Fairburn for principal and interest due or unpaid on outstanding bonds, or other indebtedness shall be good and valid for and against the City of Fairburn, created by this Act, and to vest in said City of Fairburn, created by this Act, the authority and title over and to all moneys and property held and owned by the former Town of Fairburn or the Mayor and Aldermen of the Town of Fairburn; to provide for public improvements of said City of Fairburn; to provide for the laying out and opening of streets, sidewalks, alleys, lanes, sewerage, parks and other public grounds and for the maintenance of the same; to authorize the condemnation of private property according to law, for the purpose of such streets, sidewalks, alleys, lanes, sewerage or other public purposes; to provide for the issuing of bonds for public improvements according to the laws of this State, and to provide for the payment of any and all bonds of said corporation, and for the levy of taxes for that purpose; to provide for the assessment and collection of taxes for several purposes upon all kinds of property and business therein; to provide for establishing and maintaining a system of lights and power for lighting the streets, public places and buildings in said city; to provide for the establishment of a water supply system for fire prevention and

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commercial purposes; to grant Police powers under the present water shed used by the City in connection with said system and to provide for the condemnation of other water sheds and streams both within and without the territory limits of said City and to extend police powers over such condemned or acquired water sheds and streams; to provide for the erection of artesian wells, tanks, reservoirs and stand pipes, to be used in connection with said water system, and to do and perform any act or acts necessary in supplying a complete water supply system in said city; to authorize the manner of granting franchises, easements, etc., to individuals and corporations; to provide for the establishment, maintenance and care of cemeteries of said city; to provide for the promotion of health of citizens of said city; to provide for the establishment of a Recorder's Court; to provide a chaingang for said city; to provide for the manner of arrest, trial and punishment of violators of the ordinances of said city; to provide the manner of assessing the value of the property subject to be taxed by said city; to provide the manner of enforcing the collection of taxes of all kinds, including street taxes, property taxes, license taxes or other debts owing to said City; to provide for the retention of the present officers of said Town of Fairburn until the election and qualification of officers for the City of Fairburn under this Charter; to provide that all the ordinances, by-laws, rules and regulations of the corporation of the Former Town of Fairburn not in conflict with this Act shall remain valid and enforcible as ordinances, by-laws, rules and regulations of the City of Fairburn created by this Act until the same are repealed or amended and, generally to provide for all other matters and purposes of municipal concern, needs and requirements incidental to the government of said City of Fairburn; to authorize and empower the Mayor and Council of said City of Fairburn to pave or hard surface streets and sidewalks

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in said City of Fairburn and to issue bonds for that purpose and to assess, with the consent of a majority of the property owners affected, one-half of the cost thereof and to issue executions against said property owners for their assessments and enforce the collection thereof and to authorize and empower said City of Fairburn to issue bonds for any and all municipal purposes according to the laws of the State of Georgia; to repeal and abolish the school charter for the Town of Fairburn 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 authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Fairburn, heretofore incorporated under the laws of Georgia, and the inhabitants of the territory embraced in the corporate limits of the Town of Fairburn except as hereinafter described located in the County of Campbell, State of Georgia, be and they are hereby incorporated under the name and style of the City of Fairburn and by that name shall be and hereby vested with all the rights, powers and privileges incidental to municipal corporations in this State and all rights, powers, privileges, titles, property easements and hereditaments heretofore belonging to the Town of Fairburn or the Mayor and Aldermen for the Town of Fairburn are hereby vested in the City of Fairburn created by this Act and the said City of Fairburn by and in that name may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through and by the Mayor and Council of said City of Fairburn, such ordinances, rules, regulations and resolutions for the welfare and proper government of said City and for the Transaction of the business of said City as to such Mayor and Council of said City of Fairburn may deem good and proper, consistent with the Constitution and laws of the State of Georgia and of the

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United States and of the said City of Fairburn is hereby authorized and empowered by law to purchase, hold, rent, lease, acquire, receive by gift or donation or otherwise and to sell, exchange, enjoy, possess and retain, temporarily or perpetually, for any period of time any property, real or personal, any estate, lands or tenements and hereditaments of any kind whatsoever, either within or without the corporate limits of said City of Fairburn, for corporate purposes. Town changed to city. General powers. Sec. 2. Be it further enacted that the City of Fairburn created by this Act is hereby made responsible as a body corporate for all legal undertakings, liabilities and debts of the former Town of Fairburn or of the Mayor and Aldermen for the Town of Fairburn. whether for principal and interest due on an outstanding bonds or other contracts or indebtedness. Responsibility as body corporate. Sec. 3. Be it further enacted that the corporate limits of said City of Fairburn created by this Act shall extend one mile in every direction from the center of the old Freight Depot of the Atlanta West Point Railroad in said City of Fairburn. Territorial limits. Sec. 4. Be it further enacted that the Municipal government of said city of Fairburn created by this Act shall be vested in a Mayor and six Councilmen who shall compose the City Council, whose qualifications and manner of election are hereinafter prescribed. Mayor and six Councilmen. Sec. 5. Be it further enacted that any person, resident of said City of Fairburn who shall be twenty-one years age and a qualified voter of said municipality who shall have been a resident of the State of Gerogia for a period of twelve months and of the City of Fairburn for twelve months and who shall have paid all State, County and Municipal taxes that he has had an opportunity of paying, shall be eligible to the office of Mayor or Councilman of said City of Fairburn created by this Act; such residence referring to the period immediately preceding

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the appointment or election of such person to either of the offices named. Eligibility. Sec. 6. Be it further enacted by the authority aforesaid, That the said City of Fairburn created by this Act shall be divided into four wards to be known as first Ward, second Ward, third Ward and fourth Ward. Said City of Fairburn shall be divided for the purpose of laying out these wards as follows: As an east and west line beginning at a point on the eastern boundary of said City of Fairburn at a point halfway between the main line tracks of the Atlanta West Point Railroad Company and running halfway between the main line tracks of the said Railroad to the Western boundary of said City of Fairburn; said City of Fairburn shall be divided for the purpose herein; as a north and south line beginning at the property on the east side of Campbellton Street at the corporate limits of said City of Fairburn at the north end of Campbellton Street and running along Campbellton Street at the east property line to the southern corporate limits of said City of Fairburn on Campbellton Street. The property embraced in the northeast quarter of said City of Fairburn shall be known as the First Ward. The property embraced in the southeast quarter of said City of Fairburn as above divided shall be known as Second Ward. The property embraced in the north-west quarter of said City of Fairburn as above divided shall be known as Third Ward. The property embraced in the southwest quarter of said City of Fairburn as above divided shall be known as Fourth Ward. Four wards. Sec. 7. Be it further enacted by the authority aforesaid, That there shall be elected at the next annual election and annually thereafter a Mayor who shall hold his office for one (1) year. The Mayor in all cases shall hold his office until his sucessor is elected and qualified and in the event the office of Mayor shall become vacant by death, resignation, removal, the Mayor pro tem, or in case his seat is vacant, a majority of the City Council

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shall order a new election as hereinafter prescribed provided however, that if there be a Mayor pro tem, he shall act as Mayor until and exercise all the rights and powers during said term. Mayor. Term. Vacancy. Sec. 8. Be it further enacted by the authority aforesaid, That said City shall be laid off into four (4) wards as above provided and that one (1) councilman shall be elected for each ward at the next annual election by the qualified voters of said City and two (2) Councilmen shall be elected at the next annual election from the city at large whose compensation not to exceed fifty ($50.00) dollars per annum shall be fixed by the Mayor and Council but shall not be increased or diminished during the term for which said member is elected, and no person shall be eligible to represent, in the City Council, any ward, unless he be a bona fide resident of such ward. The term of office of each Councilman shall be two years except the six Councilmen elected at the first meeting held after their election and three shall serve one year and three two years and there shall be an election annually thereafter for the election of three Councilmen to fill the places of three Councilmen whose terms expire at the end of said year, it being the purpose of this section to provide that the election for Councilmen shall be annually so that one-half shall go out each year. Provided that at the drawing for terms above specified it be done separately by the Councilmen from the city at large so that at each election after the first a Councilman from the City at large shall be elected. Councilmen. Election. Compensation. Terms. Sec. 9. Be it further enacted, That on the First Saturday in January 1926 and annually thereafter on the same day, an election shall be held in said City at the City Hall in said City and in the manner as is now or may hereafter be adopted for holding elections in the County of Campbell, for the purpose of electing such officers of said City whose terms of office have expired, and the term of office of the person or persons elected

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shall begin on the Monday night following said election. In the event no election is held at the regular time as provided by this Act a special election may be called by the Mayor and Council to be held on some other date first giving ten (10) days notice of such election by posting notice thereof at some publice place in each ward and on the door of the City Hall in said City of Fairburn. Annual election. Special election; notice. Sec. 10. Be it further enacted, That all elections held under the provisions of this Charter whether regular or special shall be held in the City Hall or such other places as the Mayor and Council may hereafter designate and that the polls in all such elections shall be open from the hour of seven (7) o'clock A. M. until six (6) o'clock P. M. when they shall be closed and after counting the ballots and consolidating the returns of such election the superintendents shall certify the result promptly to the City Clerk for delivery to the Mayor and City Council who shall on the following Monday after the election, declare the result of said election. If any person shall desire to contest any election held under and by virtue of this Charter or any amendments hereto said contest shall be held under the General Laws of this State governing municipal contests of elections. Manner of holding. Contested elections. Sec. 11. Be it further enacted, That all persons who shall have paid all taxes legally imposed and demanded by the authorities of said City of Fairburn, except taxes for the year in which election is held, who have been bona fide residents of said City for thirty days previous to the time when the election is held, who have registered as qualified voters of the said city as hereinafter provided for, and who are qualified to vote for members of the General Assembly of Georgia, except registration in the registration books kept by the County Tax Collector or registrar shall not be considered a necessary qualification, shall be considered electors, and be entitled to vote in the elections held in and for said City of Fairburn and no other shall be qualified to vote. Qualification of voters.

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Sec. 12. Be it further enacted by the authority aforesaid, That the City Clerk shall keep open at all times a book for the registration of voters and all qualified voters of said City shall register with said City Clerk taking the usual oath and after once registering will not be required to again register, however, no person shall be allowed to cast his vote in any election held in said City unless he shall have registered with the Clerk more than fifteen days before said election. The Mayor and City Council shall prescribe such other rules and regulations governing the registration of voters as they may deem necessary. Registration. Sec. 13. Be it further enacted, That the Mayor and Council shall appoint a Board of Registrars for each election, one from each ward to purge the list of voters as is now required by registrars and perform such duties as is required of registrars for counties. Board of Registrars. Sec. 14. Be it further enacted, That before entering upon the discharge of their duties, the persons elected as Mayor and Councilmen, and each of them, shall take and subscribe before some officer of said State and County authorized by law to administer oaths, the oath, as follows: I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilman, as the case may be) of the City of Fairburn, to the best of my skill and ability, and as seem to me for the best interest and welfare of said city without fear, favor or affection, so help me God. Mayor and Councilmen; oath of office. Sec. 15. Be it further enacted, That the Mayor and Aldermen of the former Town of Fairburn, to-wit: J. Wilson Parker, Mayor, and L. M. Westbrooks, S. B. Duncan, G. P. Green, T. N. Slaton, J. L. Boyd and T. W. Daniel, Aldermen, be and they are hereby declared and made the lawful Mayor and Councilmen of the said City of Fairburn created by this Act, and the said Mayor and Councilmen shall continue in office until their successors are elected, qualified and installed as hereinbefore provided

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and they and their successors and associates shall have and exercise all the rights, powers and duties conferred by law upon the Mayor and Council of the said City of Fairburn, created by this Act. Mayor and Councilmen named. Sec. 16. Be it further enacted, That the Mayor shall receive a salary, not to exceed one hundred ($100.00) dollars per annum, to be fixed by the City Council at such sum as they may deem commensurate with the services performed by the Mayor. The Mayor shall be the chief executive officer of said City and see that the ordinances, by-laws, rules and orders of the City Council are faithfully executed. He shall have control of the Marshal and Police force of said city and may appoint special officers to be known as Deputy Marshals whenever he may deem it necessary for the protection of persons or property or either and for the preservation of peace and good order of said City. He shall preside at all meetings of the City Council and shall have the veto power and may veto any ordinances, orders or resolutions of the City Council in which event the same shall not become a law or enforcible unless subsequently passed over his veto, after considering his reasons for the same, by a vote of at least four Councilmen or a yea and nay vote duly recorded in the minutes of said Council provided, however, the Mayor shall not exercise his power of veto unless he shall reduce the same to writing and file the same with the Clerk of said City within four days after the passage of the measure vetoed. All City employees under the jurisdiction of the Mayor and Council shall be directly and immediately subject to the Mayor and he shall have the right to remove any employee by written order upon the cause, said order to be subject to the approval or rejection of the City Council at their next regular meeting after the passage or issuance of such order by the Mayor. The Mayor shall have general supervision of the affairs of said City. He shall have power or authority to convene the City Council in extra session whenever he deems it proper so to do and he shall

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have vested in him all the powers and duties as are vested by general laws in the Mayors of this State. Mayor's salary Powers and duties. Sec. 17. Be it further enacted, That at the first meeting after the qualification of the Mayor he shall appoint such committees as the Mayor and Council may deem necessary for the transaction of the business of said City. Committees. Sec. 18. Be it further enacted, That at the first regular meeting in each year the Mayor shall appoint some member of the City Council as Mayor pro tem, whose duties shall be to preside over the meetings of the City Council in the absence of the Mayor or the disqualification of the Mayor, or to perform any and all duties as Mayor of said City in the absence or disqualification of the Mayor. Mayor pro tem. Sec. 19. Be it further enacted by the authority of aforesaid, That at the first regular meeting of the Mayor and Council in each year, that body shall elect one of their number as Treasurer of said City who shall give bond with sureties in such amount as may be prescribed by ordinances and who shall receive such salary as may be deemed adequate by the Mayor and Council and who shall be the custodian of all moneys and securities of the municipality and shall keep and preserve the same in such place or places as shall be determined by the Mayor and Council. He should pay out money by warrants signed by the City Clerk and counter signed by the Mayor. In addition to those duties he shall perform such other duties for his office as may be prescribed by the mayor and Council. Treasurer. Sec. 20. Be it further enacted, That the City Council shall annually at their first meeting elect a Recorder who shall be Ex-Officio J. P. and he shall preside in the Recorder's Court and shall perform such duties as the City Council may prescribe by ordinance, rule or otherwise.

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The salary of said Recorder to be fixed by the Mayor and Council at the time of his election. Recorder. Sec. 21. Be it further enacted, That the City Council annually at their first meeting shall elect some proper person as City Clerk, whose duties shall be to keep an accurate record and minutes of all meetings of the Mayor and Council and committees and commissions of said City and shall perform all other duties prescribed for him by the Mayor and Council of said City. He shall devote his entire working time to the duties of his office and shall be paid such as the Mayor and Council may deem adequate. Clerk. Sec. 22. Be it further enacted, That the Mayor and City Council may, if they deem proper, consolidate any two or more offices not elective by the people in said City Government. Consolidation of non-elective offices. Sec. 23. Be it further enacted, That the Mayor and Council of the City of Fairburn shall have the right and power to elect a City Physician, a City Attorney, City Engineer, Superintendent of Construction, Tax Collector, Tax Receiver, Marshal, Deputy Marshals and such other officers or employees necessary in the opinion of said Mayor and Council for the management and operation of the business of said City of Fairburn and to prescribe the duties and fix the salaries of such officers or employees. Other officers. Sec. 24. Be it further enacted, That all officers or employees of said City shall be required to give bond in such amount as the Mayor and Council May prescribe, in the event said Mayor and Council deems it necessary to bond such officer or employee and such officers or employees shall hold office at the pleasure of the Mayor and Council and may be dismissed or removed as herein before provided. Bonds. Sec. 25. Be it further enacted, That the Mayor and Council shall have the right to establish a fire department

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in said City, prescribe the rules and regulations governing said department, the election of a Chief of said fire department and to fix the compensation for the members of the said department. Fire department. Sec. 26. Be it further enacted, That the Mayor and Council shall have the right to create and maintain a sanitary department, elect its officers and employees prescribe their duties, and fix their salaries, they shall have the right by ordinance to prescribe sanitary regulations for the said City of Fairburn. Sanitary department. Sec. 27. Be it further enacted, That the regular session of the Mayor and City Council shall be held on the 2nd and 4th Mondays in each month at the City Hall or such other place as may be designated by the said Mayor and Council. Sessions. Sec. 28. Be it further enacted, That the Mayor or Mayor Pro tem and three members of the Council shall constitute a quorum for the transaction of any business before the Council and it shall require the affirmative vote of a majority of the quorum to pass any measure, law, ordinance, rule, resolution or regulation coming before said Council for vote. The Mayor or Mayor Pro tem if he be presiding, shall not be entitled to a vote except in case of a tie. The said Mayor and Council shall have full and ample power to do and perform any of the things, duties and powers at a special or call session of said Council that they could do and perform at a regular session of said Mayor and Council. Quorum. Sec. 29. Be it further enacted by the authority aforesaid, That all persons owning property in said City shall be required to make return of all property, real and personal, to the City Clerk or such other official as may be designated by the Mayor and Council for such purpose at a date to be fixed by the Mayor and Council for the purpose of taxation by said City, said property shall be returned by the property owner on blanks furnished for

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that purpose at the fair market value of the same. In the event the property owners shall fail to make return of their property for taxation the Mayor and Council or the Tax Assessors hereinafter created shall have the right to assess said property for taxation and shall have the right to assess as a penalty for failure to return said property for taxation the sum of ten (10) per cent. of the total amount of taxes due on said property as assessed. Tax returns. Sec. 30. Be it further enacted by the authority aforesaid, That for the following purposes the Mayor and Council of said City are hereby authorized to prescribe by ordinance for the assessment levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city as follows: Tax ad valorem; purposes. For general purposes including operation of City Government a sum not to exceed ten (10) mills on the dollar of such taxable property. Maintenance of streets and sidewalks not to exceed two and one half (2 1-2) mills on the dollar for such taxable property. For general improvements in said City of Fairburn a sum not to exceed two and one half (2 1-2) mills on the dollar of such taxable property. Such rate as is necessary to meet the annual interest on outstanding bonds against said City and such amount as the said Mayor and Council may deem necessary as a sinking fund to retire outstanding bonds against said City. Sec. 31. Be it further enacted by the authority aforesaid, That all ad valorem taxes shall be due and payable to said City on or before May 1st of each year and on May 1st each year the City Clerk or such person whose duty it is to collect taxes, shall issue tax executions against such delinquent property owners and shall record said

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executions on the General Execution Docket of the County of Campbell and such executions shall bear interest from May 1st at the lawful rate of interest; provided that said ad valorem tax shall be a lien against all other property of such person liable for taxes and the execution issued as provided herein shall be directed to the Marshal of said City, his lawful deputies and to all and singular the Sheriffs of said State or their Deputies and Coroners. Provided further that said City shall have the right to issue executions directed as aforesaid to be a lien aforesaid for any and all debts that may be owing to said City by any of the owners of property in said City or otherwise. Time of payment Lien. Executions. Sec. 32. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Fairburn shall have power and authority to license, regulate and control and shall have the power to assess and collect a license tax against all business, businesses or exhibitions operated or maintained within said City and Mayor and Council shall have the right to license and collect license fees on all business or businesses or trades and said power shall be as general, complete and full as that of the State itself; and such license fee shall constitute a lien upon all the property of the taxpayer or person liable and shall take rank as provided by law for city taxes; provided that no license fee shall be required of persons raising or growing their own produce and peddling the same in said City of Fairburn. Licenses. Sec. 33. Be it further enacted by the authority aforesaid, That said Mayor and council of the City of Fairburn shall have the power to compel all persons who are subject to road duty under the General laws of this State, who are residents of said City, to work on the Public Streets of the City of Fairburn not exceeding fifteen (15) days or to pay in lieu a commutation tax not exceeding ten ($10.00) dollars and shall have the power to summon such persons to perform such work under such

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rules and regulations as they may adopt and on failure of any person to appear and work as required by the ordinance, the Marshal of said City or his deputies or the Mayor or any member of the Council of said City shall prefer charges against such person or persons requiring them to appear before the Recorder of said City and said Recorder shall impose such fines as may be reasonable and just for contempt or may for such contempt imprison such persons or work them on the streets of Fairburn not exceeding sixty (60) days or impose a fine not exceeding one hundred ($100.00) dollars or either or both at the discretion of said Recorder. Road Tax. Sec. 34. Be it further enacted by the authority aforesaid, That the said Mayor and Council of the said City of Fairburn shall have power and authority to appoint three freeholders, residents of said City, as a Board of Assessors of tax returns, whose duty shall be to scrutinize carefully each return of property, real and personal, made by every tax payer of said City and if in their judgment they shall find the property embraced in said return or any portion thereof returned below its value they shall assess its true value and said Board of Tax Assessors may also assess the value of all property in said City not returned for taxation. After such property shall have been assessed as provided in this section it shall be the duty of the City Clerk or deputy to notify the tax payer of the amount assessed against him by said Tax Assessors, which notice shall be in writing; served by the Marshal or his deputies or mailed by said City Clerk to said tax payer at the last known address of such tax payer and said tax payer shall have the right to appeal to the Mayor and Council the assessment made against him and if said tax payer is dissatisfied with the decision of the Mayor and Council upon such assessment he shall have the right to have the assessment arbitrated as is now provided for arbritration of tax returns to the state and County and the decision of the arbitrators so selected shall be final both as to said City and the taxpayer

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Said Mayor and Council shall have the right to fix and pay to such assessors such compensation as they may deem commensurate with the services rendered. Board of Assessors. Sec. 35. Be it further enacted by the authority aforesaid, that the Marshal of said City or his deputies or any officer who has levied any execution issued by said City shall, after making any levy, advertise said property, if it be real property, once a week for four weeks in the paper in which Sheriff's advertisements are made and shall put up and expose said property for sale to the highest bidder for cash in front of the City Hall for said City on the first Tuesday in the month following the advertisement and after selling said property said Marshal shall make and execute to the purchaser thereof a Marshal's deed. If said Marshal or other officer shall levy an execution issued by said City upon personal property the same shall be advertised for sale at three (3) public places in said City for ten (10) days and such sales shall be had in front of the City Hall of said City on any date after having advertised the same for at least ten (10) days. Levy and sale. Sec. 36. Be it further enacted by the authority aforesaid that the Mayor and Council of said city shall provide by ordinance for the impeachment and trial of any member of said Council or Mayor of said City who upon conviction of malpractice in office or any willful neglect of duty or other powers of the same or any conduct unbecoming a member of said Council or Mayor shall be dismissed from office provided that such ordinance shall provide for reasonable notice and a fair hearing for the accused. Impeachment and removal. Sec. 37. Be it further enacted by the authority aforesaid, that should any vacancy occur on said City Council by death, resignation, removal or otherwise said vacancy shall be filled by an election held by the Mayor and remaining Councilmen, to hold office until the next regular

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election at which time his successor shall be elected or chosen for the unexpired term provided that the person so elected shall be a resident of the Ward from which said vacancy occurred if said vacancy occurs from a Ward of said City. Vacancies on Council. Sec. 38. Be it further enacted by the authority aforesaid, that should the Mayor of said City or any Councilman thereof move his legal residence from said city, his office shall be immediately declared vacant and shall be filled as herein provided. And if any member of said council representing a Ward shall move his legal residence from such Ward represented by him his office in said Council shall be immediately declared vacant and his successor elected as herein provided. Legal residence of Mayor and Councilmen. Sec. 39. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Fairburn shall have the police powers of regulation as authorized by the General Laws of the State of Georgia to municipalities, including the passing of all ordinances and prescribing the penalty for violations thereof. Police powers. Sec. 40. Be it further enacted that there shall be established in said City of Fairburn a Recorder's Court which shall be clothed with all the power and authority usually conferred upon such courts of this State. Recorder's Court (a) Said court shall be presided over by the Recorder of the City of Fairburn and shall have jurisdiction throughout said City. Recorder. (b) Said court shall have jurisdiction to try all offenses for violations of ordinances passed by the Mayor and Council of said City. Jurisdiction. (c) The Recorder when sitting as a court shall have the power to punish for contempt by fine not exceeding $25.00 and imprisonment in the city prison not to exceed 10 days, either or both or any part of either or both. Contempt.

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(d) Upon conviction of the violation of any municipal ordinances said Recorder shall have the right to sentence the defendant or defendants to pay a fine not to exceed $100.00 and imprisonment in the city prison not exceeding 30 days and work and labor in the city chaingang not to exceed 60 days, either or all or any part of either or all. Sentences. (e) All cases made in said Recorder's court shall be made in the name of the City of Fairburn and all subpoenas, warrants, precepts, scire faciases or other processes shall bear test in the name of the Mayor and be signed by the Recorder. Cases, etc., in what name. (f) Said Recorder's Court shall have the power to fix bail, accept bonds for the appearance of defendants and enforce the collection of such bonds after forfeiture. Bail. (g) All bonds taken in criminal cases shall be made payable to the Mayor of the City of Fairburn and his successors in office. Bonds. (h) That upon the failue of a defendant to appear in accordance with the terms of his bond he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal and upon his failure so to do the said Recorder shall issue a scire facias directed to the Marshal and his deputies and to all and singular the Sheriffs, their lawful deputies and coroners of said State and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias not earlier than 30 days thereafter; that upon the failure to show a good cause a rule absolute shall issue on said date and be enforced in the same manner as tax executions are enforced in said City. Seire facias. (i) Said Recorder's Court shall have the right to compel the attendance of witnesses either within or without the limits of said City. Witnesses.

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(j) Any party at interest dissatisfied with any ruling or judgment of said Recorder's Court shall have the right of certiorari to the Superior Court of Campbell County. Certiorari. (k) Said Recorder or the acting Recorder shall have power and authority to administer 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 offender over to the proper court of Campbell County for trial and to assess bail for his appearance at said Court and to commit to jail in the default thereof. The rules of the Superior Court shall apply to this Court so far as the rules of evidence are concerned. Oaths. Commitments. (l) That in the absence or disqualification of the Recorder any member of the Council of the City of Fairburn shall have the right to serve as Recorder pro tem with all the power and authority of the office of Recorder while he is so serving. Recorder pro tem. Sec. 41. Be it further enacted that the Mayor and Council of said City shall have the power to define and abate nuisances within said City and within the water sheds from which the source of the City's supply of water is obtained provided, however, that the persons interested shall have ample notice of such hearing including the right of Counsel and certiorari to the Superior Court of Campbell County. Provided further that after nuisance has been so declared by said Mayor and Council and its abatement ordered the City shall have the right to destroy or remove or otherwise abate said nuisance at the expense of the property owner, provided said property owner fails to abate said nuisance within five days from the order. Provided further that in case of certiorari under this section the property owner shall give a bond with securities conditioned to pay all damages that may be sustained in such amount as may be fixed by the Mayor and Council before said certiorari will lie. Nuisances.

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Sec. 42. Be it further enacted that the Mayor and Council of said City of Fairburn shall have the power and authority to condemn private property for any public use of said City as prescribed by the general laws of the State of Georgia and said Mayor and Council shall have full power and authority to grant franchises, permits, easements and rights-of-way over and among any of the property belonging to said City and shall by ordinance prescribe rules and regulations for the operation of any business or businesses that may be operated upon such property of said City where franchises, permits, easements or rights-of-way have been granted. Said City shall have the right and power to lay out fire limits in said City and by ordinance prescribe the kind and manner of buildings constructed on any property, public or private, within said fire limits and shall have the right to authorize by permit the construction of such buildings as are by ordinance authorized and shall by ordinance prevent the construction of such buildings in said fire limits as they deem dangerous or that may be a detriment to the health of the citizens of said City. Provided further that the right of condemnation granted to said City in this section shall include the right to condemn water sheds and streams for sewerage within or without the limits of said City. Condemnations. Franchises. Fire limits. Sewers. Sec. 43. Be it further enacted that the Mayor and Council of the City of Fairburn shall have full power and authority by and through ordinance to require and provide for the paving of streets, sidewalks, lanes and alleys of said City and to prescribe the material to be used and the character of such pavement and to prescribe the method of payment thereof; and to this end said City of Fairburn is authorized and empowered to apportion the cost of such paving in such manner as may seem equitable and just and in such amount as may seem equitable and just to the Mayor and Councilmen between said City and the abutting property owners on each side of said streets,

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sidewalks, lanes and alleys of said city, provided that in no instance shall the amount apportioned against the abutting property owners be more than one-half of the total cost of said paving; and provided further that such owners shall not be apportioned as herein provided on any street, sidewalk, lane or alley unless a majority of the owners of the property abutting said street, sidewalk, lane or alley shall first consent to said paving in writing. 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 executions in the same manner as taxes are collected and said executions may be levied on any of the property of said abutting property owners after serving such notice to said property owners as the said Mayor and Council may prescribe. Street improvements. Assessments. Sec. 44. Be it further enacted that the said City of Fairburn shall have the right to purchase, construct, operate and maintain a public park or parks in said city and shall have the right to establish and maintain a cemeteries within or without the limits of said City. Parks and cemeteries. Sec. 45. Be it further enacted that the City of Fairburn is authorized and empowered to purchase, operate and maintain a system of lighting for said city and shall have the authority to operate and maintain a public lighting system and shall have the right and power to sell to the public, including citizens or enterprises or towns outside the said City of Fairburn, electrical current, gas or other lighting or power methods and the Mayor and Council shall prescribe by ordinance the rules, regulations and rates governing the operation of such light and power system or systems, and the said City of Fairburn shall have the right and power to issue bonds for the purchase, operation or improvements of any light system or systems or power system or systems including gas as provided in this section. And said City of Fairburn

Page 1046

shall have the right to own and operate and maintain a system of water supply in said City of Fairburn and the Mayor and Council shall have the right and power to regulate the sale and use of such water supply to the inhabitants of said City or to other persons or corporations within or without said City and said City of Fairburn shall have the right to issue bonds for the purchase, construction, extension of such water system in said City. Lighting system. Bonds. Water system. Bonds. And said City of Fairburn shall have the right to construct a system of sewerage for the benefit of said City and the Mayor and Council shall have the right to prescribe rules and regulations governing the tapping of said sewerage system and shall prescribe the rates to be charged for the use of said sewerage system and the said City of Fairburn shall have the right to issue bonds for the construction and the extension of a sewerage system in and for said city and the said Mayor and Council shall have the same right to apportion the cost of said sewerage system against abutting property owners as is authorized by Section 43 for the paving of streets provided that a majority of the property owners shall consent in writing to such assessment as is provided in said Section 43. Sewer system. Assessments. And the Mayor and Council of the City of Fairburn shall have the right to supervise the wiring of any building for any electrical purpose or the plumbing or piping for gas in any building and they shall have the right to provide for the inspection at such times as they may deem best of such wiring or such plumbing and the said Mayor and Council also have the power and authority to prescribe the method and manner of construction of cesspools or ceptic tanks or other like receptacles in said City. Supervision of wiring, plumbing, etc. Sec. 46. Be it further enacted that the said City of Fairburn shall have the right to issue bonds for any public

Page 1047

purpose as is prescribed by the general laws of the State of Georgia and the Mayor and Council of said City shall have the right to call elections and fix the date of the same. That the elections held under this section and the issuance of bonds and their validation shall be in strict conformity with Articles 1, 2 and 3 of Chapter 3 of the 6th Title of the Code of Georgia and said Mayor and Council are hereby vested with all the authority vested in municipal corporations under said law. Bond issues. Sec. 47. Be it further enacted that the Mayor and Council shall have the right and power to call any special election for referendum or other purposes in the city of Fairburn. Special elections Sec. 48. Be it further enacted by the authority aforesaid, that the Mayor and Council shall have the right and power by ordinance to maintain a chaingang in said City for the purpose of working such persons as have been placed in said chaingang by the Recorder's Court of said City and said Mayor and Council shall have the right to prescribe the rules and regulations governing said chaingang. Chaingang. Sec. 49. Be it further enacted by the authority aforesaid that the Mayor of the said City of Fairburn shall have the right to pardon or parole any offender against the ordinances of said city. Pardon and parole. Sec. 50. Be it further enacted by the authority aforesaid that all ordinances, rules and regulations now in force in the Town of Fairburn shall remain in force and effect in the City of Fairburn created by this Charter until the same have been repealed by ordinance or otherwise. Present ordinances to remain in force. Sec. 51. Be it further enacted by the authority aforesaid that all laws in reference to schools contained in the former charter of the town of Fairburn or any amendments thereto be and the same are hereby especially repealed

Page 1048

provided that R. J. Wooddall, chairman; R. H. Greene, J. H. McClure, C. E. Duncan, and R. W. McGarity, the present members of the Board of Education of the Town of Fairburn, shall have control and operation of the schools in the City of Fairburn as they now have until a school district is laid out and trustees elected and qualified in conformity with the general laws of this State and when said Trustees have been elected and qualified for such school district so marked and laid out, the above Board of Education of the former Town of Fairburn shall turn over and deliver to said Board of Trustees all property, records, and effects belonging to or having reference to the schools maintained in the former Town of Fairburn, the title to which is now vested in the Board of Education of the Town of Fairburn, but this shall not be construed to pass the title to any real estate. Establishment of school district. Sec. 52. Be it further enacted by the authority aforesaid that the City of Fairburn created by this Charter invested with all the rights, powers and authority that is granted and given to municipalities by the general law of the State of Georgia or that hereafter may be given to the municipalities by the laws of this State. General powers. Sec. 53. 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 3, 1925.

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FITZGERALD CHARTER AMENDED. No. 137. An Act to amend Section 97, and the Act amending Section 97, approved July 31st, 1918, and the Act amending said section, approved August 3rd, 1920, of the existing charter of the City of Fitzgerald, which charter was approved August 17th, 1914, so as to authorize and empower the Mayor and Council of the City of Fitzgerald to levy for the maintenance and support of the public school system of said City of Fitzgerald a tax not to exceed eight (8) mills on each one dollar of taxable property in said City of Fitzgerald; and also to amend section 69 of said charter of City of Fitzgerald, approved August 17th, 1914, so as to authorize and empower said City of Fitzgerald, throughits 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; to assess the cost of making such improvements in whole or in part against the abutting property and its owners benefitted thereby and to provide for a board of assessors and for the hearing of complaints and objections by mayor and city council to assessments; 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 anyone using such funds for any other purpose; 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

Page 1050

of Fitzgerald'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 Fitzgerald as herein provided, or in connection with any department of this State; 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 Section 97, and the Act amending Section 97, approved July 31st, 1918, and the Act amending said section approved August 3, 1920, of the existing charter of the City of Fitzgerld which charter was approved August 17, 1914, be amended, and it is hereby amended by striking from said section, and the amendments thereto, the provisos contained therein which is in the following words: Provided, however, that the amount so reported and collected shall not exceed five (5) mills on the taxable value of the property of Fitzgerald, according to the city assessment, and by striking from the amendment to said Act approved July 31, 1918, the following: Provided however, that the amount so reported and collected shall not exceed five and one-half (5 1-2) mills on the taxable value of the property of Fitzgerald, according to the city assessment, and by striking from the amendment to said Act, approved August 3, 1920, the following: Provided, however, that the amount so reported and collected shall not exceed seven (7) mills on the taxable value of the property of Fitzgerald, according to the city assessment, and by inserting in lieu thereof the following words: Provided, however, that the amount so reported and collected shall not exceed eight (8) mills on the taxable property of Fitzgerald according to the city assessment. Acts amended. Tax rate. Sec. 2. Be it further enacted by the authority aforesaid that Section 69 of said charter of City of Fitzgerald, approved August 17, 1914, be amended, and it is hereby amended by adding thereto the following provisions:

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That whenever any of said streets, sidewalks, footways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, o any portion thereof, within the corporate limits of the City of Fitzgerald shall have been authorized under the laws and ordinances of the city to be paved, macadamized, curbed or otherwise improved, and the cost of such improvements has been ascertained, which cost shall include all expenses incurred by said municipality incident to such improvements, the mayor and 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, which cost and expense may be so apportioned either before or after such improvements are made and the work completed, and shall then levy assessments against said abutting property and the owners thereof in accordance with such apportionment and as hereinafter provided, which assessments shall be paid in ten equal annual installments and shall bear interest at a rate of not exceeding seven per cent per annum, until paid, said interest payable annually. Paving assessments. Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor of the City of Fitzgerald is hereby authorized to appoint a board of appraisers consisting of not less than three members of the city council, 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. That within ten days from the appointment of said board of appraisers 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 said street, alley, lane, avenue, square, or other public places so improved with the clerk

Page 1052

of City of Fitzgerald in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Mayor and Council shall appoint a time for the hearing of any complaints or objections that may be made concerning said appraisements, apportionments, and assessments as to any such lots or tracts of land abutting on said improvement, and notice of such session for the hearing of any complaints or objections shall be published in the official city organ of said city, or in the newspaper in which the sheriff's advertisements for the county of Ben Hill are published, one time and at least five days before such meeting, and said notice shall also provide for the inspection of such return by any property owner or other party interested in such return. The said Mayor and Council at such session shall have the power and authority 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 of appraisers, or as corrected by said Mayor and Council. Board of appraisers. Apportionment of expense. Objections. Sec. 4. 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 levy of such assessment. First installment due when.

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Sec. 5. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the 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. 6. 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, the mayor and council of said city 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 council may determine, which bonds shall in no event become a debt or liability of the City of Fitzgerald by reason of its issuing the same for the purpose herein specified. One-tenth in amount of any such 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 first installment of the assessment, as hereinbefore 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

Page 1054

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 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 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 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. Bond iassue. Payable when. Recitals in bond. Bonds not to be sold below par. Registration. Sec. 7. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lot, parcel or tracts of land, on the first day of December in each year, together with the interest thereon, to the treasurer of the City of Fitzgerald, 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 treasurer to keep an accurate account of all such collections, and such collections shall be kept in a separate fund to be used and applied for the payment of such bonds and

Page 1055

the interest thereon, and for no other purpose. Any misapplication or misappropriation of such fund by any one 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 the Clerk of the City of Fitzgerald, upon default in the payment of the principal and 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 Chief of Police of said City, who shall promptly levy the same upon the real estate liable for the assessment and previously as in the case of sales for city taxes, the same shall be sold at public outcry before the door of the city hall, 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, stating 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 Chief of Police, said affidavit shall be returned by him to the Superior Court of Ben Hill County, if the amount contested is over one hundred dollars, and if less, to the justice court of the 1537th district of said county, and there tried and the issue determined as in cases of illegality, subject to all fines and penalties provided by law in such cases for delay. Collection of assessments. Misappropriation of funds. Execution. Levy and sale. Affidavit of illegality. Sec. 8. Be it further enacted by the authority aforesaid, that the entire expense of constructing sidewalks,

Page 1056

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 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 the cost of making such other street improvements, as are authorized by this Act, shall be apportioned and assessed on the basis of not more than one-third of such costs to be chargeable to the City of Fitzgerald, 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, provided, however, that the mayor and city council may apportion and assess the whole of such costs against the abutting property owners whenever seventy-five per cent of the property owners abutting on the street or thoroughfare so improved petition the mayor and council to pave or otherwise improve said street and assess the whole cost on such owners of abutting lots or tracts of land. 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 for by law or may levy an ad valorem tax as hereinafter provided for the purpose of paying said city's share of such street improvements. Sidewalks, etc. Apportionment of expense. Sec. 9. Be it further enacted by the authority aforesaid, that where the right of way of any railway company crosses any public thoroughfar[UNK]e or street within the corporate limits of the City of Fitzgerald, such company is to be deemed for all the purposes of this Act, as the owner of the property on both 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

Page 1057

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 Fitzgerald. And all property owned by the County of Ben Hill, lying within such corporate limits and abutting upon any square or public thoroughfare or street 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. Railway property. Sec. 10. Be it further enacted by the authority aforesaid, that the mayor and city council may in its discretion, by proper written resolution or ordinance, provide for and require the payment of the interest on the bonds authorized to be issued in accordance with the provisions of this Act, semi-annually, on the first day of January and July, instead of annually; and in levying the assessment against the 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. Interest on bonds. Sec. 11. Be it further enacted by the authority aforesaid, that the mayor and city council may assess any part or all of the cost for so improving street intersections, as well as any part or all of the cost of making any and all necessary curbing against the owners and their property abutting on the street or streets in which the intersections may occur or the curbing may be necessary, whether the street intersections or he curbing abutts upon the property of private individuals or not, said cost to be proportioned among the owners and their property which abutts upon the street or streets in which the intersection may occur or the curbing may be necessary in just such proportions as the mayor and city council may deem equitable and just. Street intersections.

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Sec. 12. Be it further enacted by the authority aforesaid, that the mayor and city council shall have the right and authority, to repave, regrade, recurb, redrain and remacadamize, in their discretion, any and all of the streets and other public places which they are authorized in this Act to improve, in the same manner, under the same rights and powers, as to apportionment and assessment for the cost thereof, as they are in this Act authorized to make improvements in the first instance. Authority to make all improvements. Sec. 13. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City in its discretion, is hereby authorized to levy and collect an annual tax of not exceeding five mills on each one dollars worth of taxable property in said city for paying the city's share of the costs in the improvements for the streets, as authorized in this Act, which shall be in addition to the tax now authorized by law, and which shall be collected in the same manner as other taxes of the City of Fitzgerald are collected. Tax to pay city's share. Sec. 14. Be it enacted by the authority aforesaid, that the Mayor and City Council of said city shall have the power and authority to create between itself and any person, firm, or corporation, or governmental agency, division, or department thereof, the relation of principal and agent for the making of any and all contracts for the doing of said improvements and the mayor and council shall have the power and authority to make all the improvements provided for in this Act independent of or in connection with the authorities of Ben Hill County having the control of the fiscal affairs, the roads and highways thereof, and with the State Highway Department, upon such terms as may be fixed by said State Highway Department not inconsistent with this Act, and make all contracts necessary in connection therewith. Contracts.

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Sec. 15. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1925. FOLKSTON PUBLIC HOSPITAL PAYMENT. No. 322. An Act to authorize the Mayor and Councilmen of the City of Folkston, Georgia, to make payment from the general revenues and funds of the City of not over One Thousand ($1,000) Dollars per year for five years at their discretion towards the extension, enlargement or building of a public hospital in said city, to the end that the poor of the city in need of medical or surgical treatment and care may be the better 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 the authority of the same, that the City of Folkston, Georgia, through and by the Mayor and Councilmen of the City of Folkston be, and it is hereby authorized and empowered to make payment from the general revenue of the city the sum of One Thousand ($1,000) Dollars per year for five years at their discretion for five years towards the extension, enlargement or building of a public hospital in the City of Folkston, to the end that the poor of the City of Folkston, Georgia, in need of medical or surgical treatment and care may be the better provided for. Authority to pay $1,000 a year for five years. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1925.

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FORT VALLEY PUBLIC SCHOOLS ABOLISHED. No. 111. An Act to authorize and empower the Board of School Commissioners of the City of Fort Valley, to sell, transfer and convey all of the real and personal property, of every description, that is held in trust by said Board for the use and benefit of the City of Fort Valley to the Trustees of the Fort Valley Consolidated School District upon such terms as may be agreed upon between said Board of Commissioners and said Board of Trustees; to repeal an Act to establish a system of public schools for the City of Fort Valley, approved September 26th, 1889, and all acts amending the same. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that the Board of School Commissioners of the City of Fort Valley, and their successors in office, be and they are hereby authorized and empowered to sell, transfer and convey, by proper instruments of conveyance, all of the real and person property, of every description, held in trust by them for the use and benefit of the City of Fort Valley to the Board of Trustees of the Fort Valley Consolidated School District, and their successors in office, for such consideration and on such terms as may be agreed upon between the said Board of School Commissioners and said Mayor and City Council of the City of Fort Valley and the said Board of Trustees of the Fort Valley Consolidated School District. Conveyance of property. Sec. 2. Be it further enacted by the authority of the same, that when the Fort Valley Consolidated School District shall have been marked out and established and a Board of Trustees for said District shall have been elected, approved and qualified, as provided by law, and when the Board of School Commissioners of the City of Fort Valley and the Mayor and Council of the City of

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Fort Valley shall have duly conveyed to said Board of Trustees of the Fort Valley Consolidated School District, all of the real and personal property, of every description, held by said Board of Commissioners and the said Mayor and City Council of the City of Fort Valley, in trust for the use and benefit of the said City of Fort Valley, for such consideration and on such terms as may be agreed upon between them; then in that event an Act to establish a system of public schools for the City of Fort Valley, approved September 26th, 1889, and all Acts amending the same, shall stand repealed. Acts repealed when property conveyed Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 3, 1925. FORT VALLEY TERRITORIAL LIMITS EXTENDED. No. 229. An Act to amend an Act entitled an Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Fort Valley; to confer additional powers upon the Mayor and City Council of Fort Valley; to have the same incorporated as a City; to extend the corporate limits of said City, and for other purposes approved August 22, 1907, and acts amendatory thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 1 of an Act approved August 22, 1907, entitled: Act of 1907 amended. An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Fort

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Valley; to confer additional powers upon the Mayor and City Council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city, and for other purposes, is hereby amended by striking therefrom the following words: and that the corporate limits of the city of Fort Valley, in the county of Houston, shall extend and embrace a radius of three-quarters of a mile, making the water tower, situate near the intersection of Main and Church streets, the center, and inserting in lieu thereof the following words: and that the corporate limits of the City of Fort Valley, in the County of Peach, shall extend and embrace a radius of Sixty-six Hundred (6600) feet, making Fincher Park, located at the intersection of Macon, Church and Main streets the center; so that when so amended said section shall read as follows: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, that the municipality heretofore incorporated as the town of Fort Valley is hereby reincorporated as the City of Fort Valley, and that the corporate limits of the City of Fort Valley, in the County of Peach, shall extend and embrace a radius of Sixty-six Hundred (6600) feet, making Fincher Park, located at the intersection of Macon, Church and Main streets, the center. Sec. 1 read. Territory included. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1925.

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FORT VALLEY TERRITORIAL LIMITS EXTENDED. No. 258. An Act to extend the limits of the City of Fort Valley and for other purposes. Section 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 limits of said City are hereby extended in the following manner and to the extent hereinafter described, to-wit: Commencing at the present limits of said city on the road leading from the City of Fort Valley to Marshallville, said limits are hereby extended 20 feet from center on each side of said road, in the direction of Marshallville so as to include a strip of land forty feet wide, the center of said strip being the middle of the present road, and said strip extending in a south-westerly direction to the cross street known as Pear street on the east side and as Baird's Packing House Alley on the west side. Thence from the east side, of the Fort Valley Marshallville Road and across the land of the Fort Valley High and Industrial School along said Pear street 1465 feet to a point where the land of the Fort Valley High and Industrial School corners with the land of the John Houser estate. Territory included From this point the line of incorporation shall extend in a northwesterly direction across the land of the Fort Valley High and Industrial School 775 feet to the N. E. corner of the G. B. Miller residence lot, thence along the line between the land of said school and the porperty of G. B. Miller to the road leading from the town of Fort Valley to Marshallville. On the west side of the road leading from Fort Valley to Marshallville the incorporation shall extend from said road in a north-westerly direction along the line of Baird's Packing House Alley 375 feet to Carpenter Shop street, thence in a southwesterly direction along said Carpenter Shop

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street 800 feet to the southern boundary of the colored public school lot, thence in a southeasterly direction along the line between the said colored public school lot and the lot of James Henry and back to the road leading from the City of Fort Valley to the Town of Marshallville so as to include the school buildings used as the colored school of the City of Fort Valley and the land within the limits herein described. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1925. FRANKLIN SCHOOL DISTRICT; LIEN CREATED. No. 204. An Act to provide for the creation of a lien upon the property of Franklin School District number three in Heard County, Georgia, to secure the payment of the cost of the High School Building at Franklin, in said district, by the trustees of said district, and for other purposes. Section 1. Be it further enacted by the General Assembly of Georgia, that the Trustees of Franklin School District number three of Heard County, Georgia, be and they are hereby authorized and empowered to create a lien upon the certain six (6) acres of land in the city of Franklin, Georgia, bounded on the north by public street; on the east by lands of W. T. Goodson; on the south by lands of W. T. Goodson and R. I. Stephens and on the west by Hogansville street, to secure an indebtedness of seven thousand ($7,000.00) incurred in the completion of the High School building in said city. Territory described. Sec. 2. Be it further enacted by the authority aforesaid, that the principal of said debt shall not become due

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and payable until December 31, 1935, but that same may be paid at any time at the option of said Trustees after December 31, 1935, and that said Trustees shall provide for and pay the interest annually thereon out of any funds which can be legally used therefor. Principal due not before Dec. 31, 1935. Sec. 3. Be it further enacted by the authority aforesaid, that in the creation of said lien said Trustees shall enter their action upon the minutes of the board and execute necessary evidences thereof under seal of the board. Evidence of lien. Sec. 4. Be it further enacted by the authority aforesaid, that this Act shall become operative upon its passage and approval and that all laws in conflict are hereby repealed. Approved August 11, 1925. FRY; CHARTER OF 1922 REPEALED. No. 232. An Act to repeal an Act to establish a new charter for the town of Fry, in the County of Fannin, State of Georgia; to describe and define the limits of said town, etc., approved August 1st, 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 an Act to establish a new charter for the town of Fry in the County of Fannin, State of Georgia; to describe and define the limits of said town, to provide for a mayor and councilmen and other officers of said town, to prescribe the rights, duties and powers for the officers and for their election; to grant certain rights and privileges to such town; to provide for the registration of voters under this Act; to authorize and empower the mayor and councilmen of the town of Fry to levy, assess and collect a tax for general and special

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expenses of said town, and for other purposes, (Acts of the General Assembly of 1922, page 822) approved August 1st, 1922, be and the same is hereby repealed. Act repealed. 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 14, 1925. GAINESVILLE INDUSTRIAL AND PUBLICITY BOARD. No. 128. An Act to amend the charter of the City of Gainesville, Georgia, by empowering the Commissioners of the said City of Gainesville, to provide, maintain, and conduct an Industrial and Publicity Board; to provide how said board shall be organized; to provide for funds to be used by said board by authorizing and directing that the Commissioners of said City shall levy an annual tax therefor, for the purposes of promoting the growth and interest of said city, the prosperity and welfare of its inhabitants, by advertising the advantages of said city; to provide for the ratification of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act the Commissioners of the City of Gainesville shall be empowered to establish an Industrial and Publicity Board by appropriate resolution or ordinance providing ratification of this Act by vote of citizens of Gainesville, Georgia, and therein vest the power and authority to advertise the advantages of the City of Gainesville, Georgia, and surrounding territory

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for the purpose of promoting the interest in and growth of the said city, thereby contributing to the prosperity and welfare of its inhabitants. Board to be created. Sec. 2. That when said board shall have been so designated and organized it shall have the power to expend moneys hereinafter provided for, to employ agencies and mediums for advertising, and to do any and all things necessary to carry out the provisions of this Act. Purchase of advertising. Sec. 3. Said Industrial and Publicity Board, when established as provided for by this Act, shall consist of three members, one of whom shall be elected by a majority of the Commissioners of said City, either from among said Commissioners or other citizens of said City; and one of whom shall be the President of the Chamber of Commerce of said City; and the other member to be selected by two above designated members, he being a resident and taxpayer of said city. All the members of said Board herein provided for shall serve without pay, and their term of office shall be for one year and until their successors shall be elected and qualified. Said Board when so designated shall meet on the first Saturday in January of each year and organize by electing one of their members Chairman, another Secretary and such other officers as said Board may deem necessary. All checks or warrants on said funds shall be signed by both the Secretary and Chairman of said board. Board of three members. No pay for Service. Meeting to elect officers. Any vacancy occuring, except by expirations of term of office, shall be filled by the remaining two members. In case the President of the Chamber of Commerce should refuse to act on said Board then said Chamber of Commerce shall elect from among its membership a member of said Board. Should the Chamber of Commerce cease to function as such, then said Commissioners of said city shall elect a second member of said board from among the citizens and taxpayers of said city, other than said Commissioners, so that at no time there will not be more

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than one member of said board who shall be a commissioner of said city. Vacancies. Sec. 4. That when said act has been adopted as herein provided the Commissioners of said city shall pass a resolution calling for the organization of the said Board by this Act created, and shall levy an annual tax on all taxable property within the said city, unless otherwise by law exempted from taxation, for the purpose of providing said Board with funds for conducting an Industrial and Publicity program, which said tax shall not exceed one (1) mill on each dollar of assessed taxable property. That when said tax has been collected by said city, said fund shall be deposited in the designated depository of said city of Gainesville, to the credit of the Industrial and Publicity Board. Resolution; tax to pay expenses. Sec. 5. That said Industrial and Publicity Board shall have the Power and authority to spend said money raised by tax hereinbefore provided, for the purpose of advertising the advantages and opportunities afforded by the City of Gainesville and surrounding territory and in inducing industrial plants to locate in or near said City, said Board to conduct said advertising in the way and manner that seems best to them, and for this purpose said Board shall have the authority to establish agencies and mediums of advertising for said purpose herein provided, and may in its discretion work in conjunction with or through the Chamber of Commerce, always looking to the best methods of carrying into effect the rights and powers prescribed in this Act. That all the funds provided herein shall be spent in the conduct of the affairs of said Board, in defraying its expenses of establishment, maintenance and conduct in the interest of the publicity program. Establishment of advertising mediums. Sec. 6. That said Industrial and Publicity Board when organized, shall have the power and authority to adopt such by-laws, by a majority vote of said Board,

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not inconsistent with this Act, for the operations of said Board as it deems the conduct of the publicity program. By-laws. Sec. 7. That before this Act shall become effective for the organization of said Board, the Commissioners of the City of Gainesville, Georgia, shall pass a resolution or ordinance providing for said Industrial and Publicity Board to be created and organized and a tax not to exceed one (1) mill to be levied, as hereinbefore provided for the purpose of carrying on the publicity program herein authorized and directing same to be voted on by the voters at the regular election in December, 1925. After the same has been voted on by those citizens of the City of Gainesville voting in the next regular election of said City, and who are qualified to vote for Commissioners in said election, and if a majority of those voting shall vote in favor of said Board, on ballots as hereinafter prescribed, said Board shall then be organized and said tax levied. Those voting in favor of the creation of the Industrial and Publicity Board and the tax not to exceed one mill shall have written or printed on their ballot the following: For the creation of an Industrial and Publicity Board and tax not to exceed one (1) mill for publicity. Those voting against said Board shall have written or printed on their ballots the following: Against the creation of an Industrial and Publicity Board the tax not to exceed one (1) mill for publicity. Referendum. Sec. 8. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 4, 1925.

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GLENNVILLE; ELECTIONS AND STREET IMPROVEMENTS. No. 65. An Act to amend an Act entitled, An Act to create a new charter for the City of Glennville, in the County of Tattnall, approved August 21, 1911, as amended by the Act approved August 4th, 1923, so that all candidates for office in the Municipal elections of said city shall file their candidacy with the Clerk of Council at least five days before an election; to provide method by which the City Council of said City shall pave streets, lanes and alleys in said city, and levy assessments for two-thirds of the costs of same against the owners of abutting property, how such assessments shall be assessed and collected, by street improvement bonds, fi. fas. or otherwise, and for 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 Charter of the City of Glennville, Georgia, as approved August 21, 1911, and as amended August 4th, 1923, be and the same is hereby amended as follows: Acts amended. Sec. 2. Be it further enacted by the authority aforesaid that all candidates seeking any municipal office in said city, which if filled by election by the voters, shall file written notice of his intention to be a candidate, for the office that he seeks, with the Clerk of Council of said city, at least five days before the day of the election, and no candidate shall be entitled to have his name placed on the ballot to be used on election day, unless he shall have complied with the provisions of this section. The Clerk of Council shall at the expense of said city have tickets printed for each election and place thereon only the names of the candidates, who have filed said notice with him, as aboved for. Notice of candidacy.

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Sec. 3. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the City Council of Glennville, shall have authority by appropriate ordinances to pave or to cause to be paved any or all of the streets, lanes and alleys within the corporate limits of said city, in accordance with the provisions of this Act, hereinafter set forth, and the term paving shall include grading, excavating, engineering and all other things usual and incident to the proper paving of any street. Said City Council shall also have the authority to designate the material to be so used, and the manner of using it. Authority to pave, etc. Sec. 4. Whenever it shall be determined, under the provisions of this Act, that any street, lane or alley within the corporate limits of Glennville shall be paved, then the total cost of said paving, including all things hereinbefore mentioned that are required shall be determined, and when the total cost has been thus ascertained, said City of Glennville shall be liable for one-third of same and the abutting property owners along both sides of such street, lane or alley to be paved shall be liable for the other two-thirds of the total cost of such paving, which pro rata share shall be calculated in according withthe ratio which his abutting property front footage bears to the property front footage along both sides of said paved street, lane or alley. [Illegible Text] of expense. Sec. 5. The assessments for paving herein provided shall be made against all abutting property owners, and when it has been determined what such abutting property owner for his pro rata share of such paving, then the amount of such paving assessment shall constitute a lien against such owner and his abutting property, which lien shall be superior to all other liens whether created before or after the paving is paid, except the lien of state, county, and municipal taxes. Said assessment liens as herein provided shall be in favor of the City of Glennville, and may be enforced by the issuance of fi.

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fas. against said property owners said abutting property, as other tax fi. fas. are issued and enforced. Assessments. Sec. 6. The City Council of Glennville shall have authority and power to provide for the payment of such assessments in installments of equal amounts, for any period of years not less than five and not more than ten, such installments to be at eight per cent interest, and this may be done by fi. fas. showing the amount that will be due each year, which fi. fas. shall be a lien as against the property owner and the abutting property, and may be assigned, or said City Council may instead issue Street Improvement Bonds, in the same manner, which bonds shall likewise be a lien, bear the same rate of interest and shall be assignable. Bonds and fi. fas. shall be signed by the Mayor and Clerk of Council, in the name of said City, but shall not be a liability of said City. Installments. Lien of assessment. Bond issue. Sec. 7. Any owner of abutting property that desires to pay his pro rata assessment in full, in case the installment plan as hereinbefore outlined is adopted, shall be allowed to do so, regardless of such installment plan, and the entire cost of paving be due and collectible as soon as the work of paving is completed, unless otherwise provided by the City Council. Collection of assessments. Sec. 8. The passage of the ordinance for paving any street, lane or alley, together with the ordinance assessing the cost of the same and asserting liens against property abutting thereon, shall when properly entered on the minutes of the council, be notice of such lien from such date of entry, in as full and complete a manner as if the same were in the shape of an execution and entered on the General Execution docket of the Superior Court under the General Registration law. Date of lien. Sec. 9. The Mayor and Council shall have authority to pass such ordinances, and to all other acts as may be necessary to give full force and effective operation to the

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provisions of this Act. This Act is intended to provide a complete method for improving streets in the City of Glennville, and this is cumulative and supplementary to all existing power now held by the Mayor and Council of said city. Enforcement. This Act cumulative. Sec. 10. 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 27, 1925. GREENSBORO; SALE OF PLANT. No. 178. An Act to amend Section thirty-six (36) of the Act of the General Assembly of Georgia entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Greensboro, in the County of Greene; to create a new charter and municipal government for said City, and for other purposes, approved July 27, 1904, by striking all of said Section beginning with the word provided that the City shall not be bound, etc., and in lieu thereof substituting a provision conferring on the Mayor and Council power and authority to sell and convey any electric light and power plant, transmission lines, or distribution system established under the provisions of said section thirtysix, 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 thirty-six (36) of the Act of the General Assembly of Georgia entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Greensboro, in the County of Greene; to create a new charter and municipal government for said

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city, and for other purposes, approved July 27, 1904, be and the same is hereby amended by striking all of said section beginning with the words, Provided that the city shall not be bound, etc., in the 21st line of said section as printed in the Acts of 1904, and substituting for said words and the remainder of said section, the following: Act of 1904 amended. The said Mayor and Council, whenever in their discretion it is to the interest of said City and its citizens, and for what in their opinion is a fair consideration, shall have and is hereby given express full and complete power and authority to bargain, sell, grant and convey, any electric light and power plant, distribution system or transmission lines, established, constructed, acquired, owned or now held by the City of Greensboro, in accordance with or under the provisions of this section, to any person, firm or corporation which will furnish ample electric current for light, power and other uses, to the said City, its citizens and industries, and also full power and authority to grant franchises to such purchaser to occupy the streets, alleys and public places in said City, for the purpose of conducting a lighting and power business, under such police regulations as said city may prescribe, and the said Mayor and Council are hereby expressly authorized and empowered to pass all ordinances, rules and by-laws necessary to carry out and effectuate the powers granted in this amended Section, so that said section thirty-six (36), when amended shall read as follows: Be it further enacted, that said Mayor and Council shall have power and authority to establish a system of waterworks, sewerage, electric lights, or any of them in said city for the purpose of supplying its inhabitants and the city, as well as consumers generally, with water, sewerage and lights or any of them; and said mayor and council shall have the power to do any and all things

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necessary for such purposes; to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without the city, and if necessary to condemn the same as herein provided for. Said mayor and council shall have the authority to make contracts for the purchase of plants, machinery, etc., and make contracts with the inhabitants of said city, and with the consumers generally as to the furnishing of water, of sewerage, or lights or any of them. Said mayor and council shall also have full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the city and the public with electric lights, water, sewerage, or any of them, and to make such contracts with such person, firm or corporation for water, sewerage and lights, or any of them, as may to said mayor and council seem proper. The said Mayor and Council, whenever in their discretion it is to the interest of said city and its citizens, and for what in their opinion is a fair consideration, shall have and is hereby given express, full and complete power and authority to bargain, sell, grant and convey, any electric light and power plant, distribution system or transmission lines, established, constructed, acquired, owned or now held by the city of Greensboro, in accordance with or under the provisions of this Section, to any person, firm or corporation which will furnish ample electric current for light, power and other uses, to the said city, its citizens and industries, and also full power and authority to grant franchises to such purchaser to occupy the streets, alleys, and public places in said city, for the purpose of conducting a lighting and power business, under such police regulations as said city may prescribe, and the said mayor and council are hereby expressly authorized and empowered to pass all ordinances and by-laws necessary to carry out and effectuate the powers granted in this amended section. Sec. 36 read. Authority to dispose of plant. Franchises.

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Sec. 2. Be it further enacted that laws and parts of laws or the provision elsewhere in said Section thirtysix (36), in conflict with the provisions of this amending Act be and the same are hereby repealed. Approved August 8, 1925. GREENVILLE CITY ORDINANCES; PENALTIES FOR VIOLATION. No. 168. An Act to amend an Act approved September 12, 1887, incorporating the city of Greenville, Georgia, and the acts amendatory thereof, by striking from lines four, five, and six of Section VI of the Original Act the following words: Not to exceed fifty dollars, imprisonment not to exceed thirty days, to work on the streets of said city not to exceed thirty days, and to substitute in the place of the same the following words: Not to exceed five hundred dollars, imprisonment not to exceed one hundred eighty days, to work on the streets of said city not to exceed one hundred eighty days, and for 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 VI of the Act approved September 12, 1887, incorporating the city of Greenville, Georgia, be amended as follows, by striking from lines four, five, and six, the words not to exceed fifty dollars, imprisonment not to exceed thirty days, to work on the streets of said city not to exceed thirty days, and five hundred dollars, imprisonment not to exceed one hundred eighty days, to work on the streets of said city not to exceed one hundred eighty days, so that said section when amended shall read as follows: Act of 1887 amended.

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Section VI. That said Mayor may hold police court, try offenders for violation of the ordinances, rules and regulations prescribed for the government of said city, and may punish violators of the same by a fine not to exceed five hundred dollars, imprisonment not to exceed one hundred eighty days, to work on the streets of said city not to exceed one hundred eighty days, and any one or more of these punishments may be ordered in the discretion of said Mayor, and when sitting as a court said mayor may fine for contempt not exceeding ten dollars or imprisonment five days for such contempt. From all decisions of said mayor imposing punishment or penalties for violations of such ordinances, rules and regulations there may be an appeal to the mayor and council upon such terms as may be prescribed by said mayor and council. Sec. 6 read. Penalty. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 7, 1925. GREENVILLE POLICE POWER EXTENDED. No. 152. An Act to amend an Act approved September 12, 1887, incorporating the City of Greenville, Georgia, and the several Acts amendatory thereof, by extending the police powers of said city one half mile in every direction beyond the present limits of said city. 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 an Act approved September 12, 1887, incorporating the City of Greenville, Georgia, and the several Acts amendatory thereof, be and the same

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are hereby amended as follows: In order to better promote the safety, good order, peace and comfort of said city, the police powers of said city are hereby extended one half mile in every direction beyond the present limits of said city. Extension of police limits. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925. GRIFFIN; REGISTRATION OF VOTERS. No. 135. An Act to amend an Act 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 amending Section 52 of said Act as to Municipal Electors and Section 54 of said Act as to Registration of Voters; 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 52 of an Act approved July 21, 1921, the same being 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 amended by striking from the end of said Section the following: and shall, in addition, register with the City Manager and make oath to these qualifications and his right to so register, so that said Section when amended shall read as follows: Act of 1921 amended.

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Section 52. Municipal Electors. All citizens who are qualified, registered and entitled to vote for members of the General Assembly of said county shall be entitled to vote for Commissioners of said City, and in all elections held therein, and a list of qualified voters furnished by the Board of Registrars of Spalding County for the last regular or any special or primary election, held in said county, shall be prima facie evidence that the person whose name appears thereon is entitled to vote in said City Election, provided, said voter shall have resided within the corporate limits of said city continuously for sixty days prior to the election in which he desires to vote, and has paid all taxes, licenses and assessments due by him to the City of Griffin. Sec. 52 read. Municipal electors; eligibility. Be it further enacted by the authority aforesaid that Section 54 of said Act approved July 21, 1921, be amended by striking the words: and such persons whose names appear thereon shall be required to appear before the City Manager of said City annually, as may be prescribed by ordinance, and make oath (in addition to the oath taken before the County Tax Collector at the time of registering with him) before such person shall be eligible to vote in municipal elections for such year, that he still continues to be a resident within said City and had paid, except for the current year, all taxes, licenses, and assessments required of and due by him to said City, and adding in lieu thereof the following words: And it shall be the duty of the Board of Commissioners twenty days before any regular or special election to purge said list of registered voters by striking therefrom the names of all persons who have not paid, except for the current year, all taxes, licenses, and assessments required of and due by them to said city and all persons who have ceased to be residents of said City. So that said Section as amended shall read as follows: Sec. 54 read. Section 54. Registration of Voters. It shall be the duty of the City Manager to procure and keep on file in

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his office a complete list of the registered and qualified voters in said city, as prepared by the Registrars of Spalding County. And it shall be the duty of the Board of Commissioners twenty days before any regular or special election to purge said list of registered voters by striking therefrom the names of all persons who have not paid, except for the current year, all taxes, licenses, and assessments required of and due by them to said City and all persons who have ceased to be residents of said City. Persons resident within said City for sixty days next preceding any election, whose names do not appear on the County list of registered voters above referred to, may become qualified and entitled to vote in municipal elections, in the manner prescribed in Section 53 above and by taking the action required above. Registration. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 4, 1925. HADDOCK CHARTER REPEALED. No. 99. An Act to repeal an Act incorporating the Town of Haddock, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from date of approval of this Act the Act approved August 23rd, 1905, incorporating the town of Haddock, Jones County, Georgia, shall be and the same is hereby repealed. Act of 1905 repealed. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 29, 1925.

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HAZLEHURST; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 190. An Act to amend the charter of the City of Hazlehurst, known as an Act to amend by substitution an Act creating a new charter for the City of Hazlehurst, approved August 18th, 1919, and amendatory Acts thereof; to provide authority for the Mayor and Council of the City of Hazlehurst to rent, lease, or sell and convey the complete electric and steam plant, boilers, generators, distribution lines, and all other equipment and articles connected therewith, or any part thereof, including the real estate, easements, improvements and appurtenances appertaining thereto; to grant local public utility franchises to the exclusion of the city in the operation of such industries for thirty years; to grant the use of streets and public places for the operation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 59 of the Act known as an Act to amend by substitution an Act creating a new charter for the City of Hazlehurst, in the County of Jeff Davis, approved August 18th, 1919, be, and the same is hereby amended by adding immediately after sub-section (E) of Section fifty-nine of said Act, two new sub-sections designated as 59-f and 59-g of said Section 59 of said Act aforesaid. Act of 1919 amended. Section 59-f. Be it further enacted, that the Mayor and Council of the City of Hazlehurst shall be authorized and have full power and authority to rent, lease, or sell and convey the complete electric and steam plant owned and operated by the City of Hazlehurst, including boilers, generators, distribution lines, and all other equipment and articles connected therewith, or any part thereof; together with the real estate, easements, improvements

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and apputenances appertaining thereto, and to execute a deed of conveyance to same. Said deed to be signed by the Mayor and attested by the clerk of the City of Hazlehurst, and have the seal of said city impressed thereon, after first being authorized by ordinance of the Mayor and Council to execute same. The Mayor and Council shall have full power and authority to grant local public utility franchises to the exclusion of the city of Hazlehurst in operating such electric light and steam plant for not longer than thirty years from the date of such franchise and to grant a franchise or franchises for the use of the streets and public places for the operation of distribution lines of such electric and steam plant. New Sec. 59-f Authority to dispose of plant. Franchises. Section 59-g. Be it further enacted, that all funds arising from the rent, lease, or sale of such plant and equipment shall be used for the payment of accounts chargeable to the electric light plant, and the payment on light and water bonds outstanding as a fixed liability of the City of Hazlehurst at the date of such sale; and such funds shall be deposited in a separate account, in such manner as designated by ordinance, and used only for such purposes, but said electric plant and equipment may be sold for a less amount than said indebtedness in the discretion of the Mayor and Council. New Sec. 59-g. Funds to be used how. Sec. 2. Be it further enacted, that before this Act shall become operative as an amendment of the charter of the City of Hazlehurst it shall be approved by a majority vote of the qualified voters of the City of Hazlehurst, and for the purpose of such approval only those qualified to vote at the last general election for city officials shall be qualified voters, and only those voting shall count. That the Mayor and Council shall provide for said referendum within fifteen days after the approval of this Act by the Governor, and shall give notice thereof by publication in one issue of the official gazette of the county, and posting a written or printed notice at the council chamber. Referendum.

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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 8, 1925. HAZLEHURST STREET IMPROVEMENTS. No. 184. An Act to amend the charter of the City of Hazlehurst, known as an Act to amend by substitution an Act creating a new charter for the City of Hazlehurst, approved August 18th, 1919, and amendatory Acts thereof; to authorize and empower the City of Hazlehurst to establish and change the grade of any sidewalk, alley or other public place in said city, and to improve the same by paving, macadamizing or draining; to provide the procedure therefor, and for making and collecting assessments for same, and for establishing a lien therefor; to provide for payment of grading, improving, paving or macadamizing of sidewalks entirely, and of streets, alleys and other public places in proportionate part by abutting and adjacent property owners on the bases of ten per centum per annum for ten years; to provide for the issuance of bonds by the City of Hazlehurst, to be known as Street Improvement Bonds, and for the payment of same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 63, and sub-sections thereof designated a, b, c, d, e, f, g, h, i, j, k, l, and m of the Act known as an Act to amend by substitution an act creating a new charter for the City of Hazlehurst, in the County of Jeff Davis, approved August 18th, 1919, be and the same are hereby repealed, and the amendments hereinafter set out shall be substituted for said Section 63 and sub-sections thereof. Act of 1919 amended.

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Section 63. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Mayor and Council of the City of Hazlehurst shall have power and authority to regulate, lay out, direct and control the streets, sidewalks, alleys and public places of the City of Hazlehurst, and the working, claying, grading, paving or macadamizing same; to open up new streets, sidewalks, alleys and other public places, and assess a tax for the payment of the damage caused by same; when the property of any person may be injured thereby, or taken therefor; or to assess a tax for the payment of the cost and expense of opening up and grading such streets, sidewalks, alleys or public places; and the City of Hazlehurst shall have power and authority to condemn private property for streets, sidewalks, alleys, avenues or other public use in and for said city. Such condemnation proceedings shall be under the provisions of Section 77 of this Act, and in conformity with the laws of the State. For all private property taken by said city for street or other purposes, except by donation or gift, just compensation shall be made thereof, as provided by the laws of the State. New Sec. 63. Authority to pave, etc. (a) Be it further enacted, that the Mayor and Council of the City of Hazlehurst shall have power and authority to remove or cause to be removed, any building, awning, post, pole, steps, fence or other obstruction or nuisance, on the public streets, sidewalks, alleys, lanes or other public places of the City; and shall have power and authority to regulate the kind and use thereof by ordinance, with appropriate penalty for violation thereof. Removal of obstructions. (b) Be it further ordained, that all streets, sidewalks, alleys, lanes and other public places shall be under the control, power and exclusive direction of the Mayor and Council of the City of Hazlehurst, and they shall have full and complete power and right to direct the mode, manner and style in which all streets, sidewalks, alleys,

Page 1085

lanes and other public places shall be constructed, and the use thereof. Exclusive control. (c) Be it further enacted by the authority aforesaid, that whenever any of the sidewalks, streets, alleys, lanes or other public places, or any portion thereof, of the City of Hazlehurst, have been authorized by the Mayor and Council to be paved, macadamized, drained or otherwise improved, and the contract for such improvements has been let, and the cost of such improvements has been ascertained, which cost shall include all other expenses incurred by the City of Hazlehurst incident to said improvements, the Mayor and Council shall, by resolution, apportion the cost and expenses of the same pro rata per front foot to the several tracts, lots or parcels of land abutting upon said improvements, and shall then levy assessments against said land, and the owners thereof, in accordance with said apportionment, which assessment shall be paid in ten equal annual installments, and shall bear interest at the rate of not more than seven per centum per annum until paid; said interest payable annually. Resolution for paving, etc. Assessments. (d) Be it further enacted by the authority aforesaid, that the first installment of such assessment, together with interest to the date upon the whole assessment, shall be due and payable on the first day of November next succeeding the date of the levy of such assessment, and one installment with the yearly interest upon the amounts remaining unpaid shall be due and payable on the first day of November in each succeeding year untill all shall be paid. First installment due, when. Installments yearly. (e) Be it further enacted by the authority aforesaid, that said ordinance or resolution levying such assessments shall provide that the owner or owners of the property assessed shall have the privilege of paying the amounts assessed against their property within thirty days from the date of the passage of the ordinance or resolution,

Page 1086

without interest, and thus relieve their property from the lien of said assessment. Payment in 30 days without interest. (f) Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, and the interest, are hereby declared to be a special lien against the lots and tracts of land so assessed from the date of the ordinance or resolution levying the same co-equal with the lien of other taxes, and prior and superior to all other liens against such lots or tracts, and such liens shall continue until such assessments and interest shall be fully paid. Lien of assessments. (g) Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said ordinance apportioning and levying said assessment, the Mayor and Council of the City of Hazlehurst shall, by resolution, provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date thirty (30) days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Council shall determine, which bond or bonds shall in no event become a liability of the City of Hazlehurst issuing same. One-tenth in amount of any such series of bonds, with the interest upon the whole series to that date shall be payable on the first day of December next succeeding maturity of the first installment of the assessments and interest; and one-tenth thereof, with the yearly interest upon the whole amount remaining unpaid, shall be payable on the first day of December in each succeeding year until all shall be paid. Such Bonds shall bear interest at a rate of not exceeding six per centum per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the streets, sidewalks, alleys, lanes or other public places for the improvement of which they have been issued, and that they are payable solely from assessments

Page 1087

which have been levied upon lots or 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 of Hazlehurst, 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 Mayor and Council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses of such improvements for which assessments were made by the Mayor and Council, or such bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor at par value in the payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the Mayor and Council shall direct. Said bonds shall be registered by the Clerk of the City of Hazlehurst in a book to be provided for that purpose and certificates of registration shall be endorsed upon each of said bonds by the clerk of City of Hazlehurst. Bond issue. Recitals in bond. Not to be sold below par. Registration. (h) Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land on the first day of November of each year, together with the interest thereon, to the treasurer of the City of Hazlehurst, who shall give proper receipts for such payments; provided, that if the levy of such assessments is made after August the first, then the first installment and interest shall become due and payable on November the first of the succeeding year. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and

Page 1088

such collections shall be kept in a special trust fund to be used and applied fr the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of said treasurer promptly after the date of maturity of any such installment or assessment and interest, in case of a default in payment of such installment assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement or against the owner of same, for the amount of such assessment with interest, and shall turn same over to the chief of police of the City of Hazlehurst; wh 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 for cash, and such sale shall vest an absolute title in the purchaser or purchasers, subject to the lien of the remaining unpaid installments with interest; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, stating what amount he amits to be due, which amount so admitted to be due shall be paid before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reasons why the affiant claims the amount is not due, and when received by the chief of police shall be returned to the Justice Court, if the amount of the execution is $100.00 or under, and to the Superior Court of Jeff Davis County, Georgia, if the amount contested is over one hundred dollars, and there tried and the issue detemined as in case of illegality, subject to all fines and penalties provided for in case of illegality for delay under the Code of Georgia. Collection of assessments. Execution. Levy and sale. Affidavit of illegality. (i) Be it further enacted by the authority aforesaid, that the apportionment of the cost and expense of such improvement, and the levy of the assessment therefor against the abutting property, as heretofore authorized

Page 1089

in this Act, shall be at the rate of two-thirds of such cost and expense of paving, macadamizing, draining or improving the streets, alleys or other public places; and the whole of the cost and expense of paving, macadamizing, draining or improving said sidewalks against the property abutting thereon. The remaining one-third of the cost and expense of paving, macadamizing, draining or improving the streets, alleys or other public places shall be paid by the City of Hazlehurst from any available funds for that purpose in the city treasury, or from the proceeds of bonds duly authorized as now required by law. Apportionment of expense. (j) Be it further enacted, that before this Act shall become operative as an amendment of the Charter of the City of Hazlehurst it shall be approved by a majority vote of the qualified voters of the City of Hazlehurst, and for the purpose of this approval only those qualified to vote at the last general election, for city officials shall be qualified voters, and only those voting shall count. That the Mayor and Council shall provide for said referendum within fifteen days after the approval of this Act by the Governor, and shall give ten days notice thereof by publication of said notice in one issue of the official gazette of the county and posting written or printed notice at the council chamber. Referendum. (k) Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1925.

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HEPHZIBAH WATER AND DRAINAGE BONDS. No. 192. An Act to amend the Act incorporating the town of Hephzibah, in Richmond County, Georgia, approved October 24, 1870, and the Acts amendatory thereof, to authorize the Commissioners of the town of Hephzibah to construct, establish, install and maintain a system of water works, sewerage and drainage within said Town of Hephzibah, Georgia, to regulate the same, to issue bonds in payment therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act incorporating the Town of Hephzibah, in Richmond, County, Georgia, approved October 24, 1870, and the acts amendatory thereof, be and the same are hereby amended, so as to authorize the following. Acts amended. Sec. 2. Be it enacted by the authority aforesaid, that the Commissioners of the Town of Hephzibah, be and they are hereby authorized to issue bonds of said town, under and in accordance with the Constitution and laws of this State, in a sum not to exceed seven per centum of the assessed value of all the taxable property in said Town. Said bonds shall be issued in denominations of not less than fifty dollars and not more than one thousand dollars, and at such rate of interest not to exceed six per centum per annum, as the Commissioners of the Town of Hephzibah may determine; said bonds to mature at such time not exceeding thirty years, as said Commissioners may determine; the interest on said bonds to be paid annually, or at such less intervals, as said Commissioners may determine. Bond issue. Interest. Maturity. Sec. 3. That said bonds when so issued shall be signed by the Chairman of said Commissioners, and countersigned

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by the Clerk of said Commissioners, and sealed with the corporate seal of said Town of Hephzibah, and shall be sold by the Commissioners of said Town, in such manner as shall be determned by the Commissioners to be for the best interests of said Town. Signatures and Seal. Sec. 4. Be it further enacted, that the money arising from the sale of said bonds shall be paid over to the treasurer of said Commissioners, and paid out upon the order of said Commissioners for the purpose, and only for the purpose hereinafter stated. Funds. Sec. 5. Be it further enacted, that the proceeds from the sale of said bonds shall be used solely for the purpose of constructing, installing, establishing, erecting and maintaining a system of water works, sewerage and drainage in and for the Town of Hephzibah. Disbursement for what purpose. Sec. 6. Be it further enacted, that before said bonds shall be issued, it shall be the duty of the Commissioners of said Town of Hephzibah, to call an election of the qualified voters of said Town, in accordance with Sections 440 to 443 inclusive of the Code of Georgia of 1910, to pass upon the question of the issuance of said bonds. At said election there shall be two kinds of ballots, one printed or written with the words For water works, sewerage, drainage and bonds, and the other Against water works, sewerage, drainage and bonds, and should two-thirds of the ballots cast in said election by the qualified voters of said town, be for water works, sewerage, drainage and bonds, it shall be the duty of the Commissioners of the Town of Hephzibah to issue said bonds and construct, erect, install said system of water works, sewerage and drainage, in and for said town; but should the result of said election show a failure of two-thirds of the qualified voters of said town to vote For water works, sewerage, drainage and bonds, then, and in that event, the said Commissioners of the Town of Hephzibah, or their successors in office, are hereby authorized

Page 1092

and empowered to again submit the question to the qualified voters of said town, in accordance with the provisions of Sections 440 to 443 inclusive of the Code of 1910, provided said election shall not be held within six months of the first election. Referendum. Ballots. Second election after six months. Sec. 7. Be it further enacted, that the Commissioners of the Town of Hephzibah are hereby authorized and empowered to levy and collect annually a tax on all the taxable property in said Town of Hephzibah, for the purpose of paying the interest on said bonds and also to create a sinking fund sufficient to pay off and redeem said bonds at maturity, as required by the law of this State. Tax to pay interest. Sec. 8. Be it further enacted by authority aforesaid, that the Commissioners of the Town of Hephzibah are hereby authorized to lay water mains, pipes, sewerage and drainage on, under and within the streets, lanes and alleys of the Town of Hephzibah, and over and through such property within and outside of the Town of Hephzibah, as the said Commissioners may acquire by lease, purchase, condemnation or otherwise. Authority to lay mains, etc. Sec. 9. Be it further enacted, that the said Commissioners of the Town of Hephzibah, and their successors in office, shall have full power to condemn any property necessary or expeditious, either within the corporate limits, of said Town, or outside of said corporate limits, for the purpose of carrying out the provisions of this Act, and installing, establishing, erecting and maintaining said system of water works, sewerage and drainage. Condemnation. Sec. 10. That when said water works shall have been constructed, the said Commissioners of the Town of Hephzibah shall have full and ample authority, to prescribe the terms, rates and conditions upon which said water shall be furnished to the inhabitants and residents of said Town of Hephzibah, whether upon a flat rate, or upon a meter system, either or both, and to provide and

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fix all rules and regulations governing said water works and water system. Rates, rules, and regulations. Sec. 11. Be it further enacted, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 10, 1925. JACKSON SCHOOL TAX. No. 113. An Act to amend the charter of the City of Jackson, so as to authorize the Mayor and Councilmen of said City to levy a tax of eight mills for the purpose of maintaining the public schools of said city, and to amend the 46th Section of said charter by increasing the levy from five-eighths of one per cent to eight mills. 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 Section 46 of an Act approved August 8, 1908, as the new Charter of the City of Jackson, in Butts County, of Georgia, be and the same is hereby amended by striking from the fifth line in said Section 46, the words Five-eighths of one per cent as it appears in the published Acts, and inserting in lieu thereof the following words eight mills so that when said Section is amended it shall be made to read: They shall have power to levy an annual tax not to exceed eight mills upon the assessed taxable property of the City of Jackson to maintain the public schools. Act of 1908 amended. Tax rate. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved August 3, 1925.

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JASPER FIRE LIMITS. No. 154. An Act to amend an Act approved July 22, 1910, entitled, An Act to incorporate the town of Jasper, in the County of Pickens, State of Georgia, to define its limits, to declare the rights, powers and privileges of said corporation, and for other purposes, Acts of 1910, pages 780, by adding thereto another section to be known as Section 20, and numbered accordingly, so as to authorize and empower the Mayor and Council of said town to have the right and power to fix such limits within said town as they may think proper, which shall be known as the fire limits; to prescribe what class of buildings shall be erected within such limits, and to prohibit any other class of buildings 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; to have power to cause the removal of and condemnation at the expense of the owner, in the manner provided for the abatement of nuisances as contained in Civil Code of Georgia, 1910, Section 5331, et. seq; any building or structure within the limits of said town, whether public or private, which may in their opinion be dangerous to life, health, property, or the general safety of the public, or that become dangerous from fire, or likely to cause the origin of fire or spread of the same; and to provide for the issue of permits for such kind and class of buildings as may be permitted to be built within the limits prescribed, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act entitled an Act to incorporate the town of Jasper, in the County of Pickens, State of Georgia, to define its limits, to declare the rights, powers and

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privileges of said corporation, and for other purposes, approved July 22, 1910, Acts 1910, page 780, be and the same is hereby amended, by adding thereto the following, to be known as Section 20, of said Act, and numbered accordingly: Act of 1910 amended. Section 20. Said Mayor and Council shall have the right and power to fix such limits within said town as they may think proper, which shall be known as the fire limits; to provide what class of buildings shall be erected within such limits, and to prohibit any other class of buildings, from being erected; and to provide for the punishment of any person, firm or corporation erecting or attempting to erect any building or structure not coming within said classification so fixed; to have power to cause the removal of and condemnation at the expense of the owner, in the manner provided for the abatement of nuisances as contained in Civil Code of Georgia, Section 5331, Code of 1910, et seq; any building or structure within the limits of said town, whether public or, private, which may in their opinion be dangerous to life, health, property, or the general safety of the public, or that become dangerous from fire, or likely to cause the origin of fire or spread of the same; and to provide for the issue of permits for such kind and class of buildings as may be permitted to be built within the limits perscribed. This remedy being cumulative to those now allowed by law. New Sec. 20. Power to fix limits, 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 August 7, 1925.

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JEFFERSONVILLE; SALE OF PLANT; PUBLIC UTILITY FRANCHISE. No. 323. An Act to amend an Act approved August 16th, 1909, creating a new charter for the city of Jeffersonville and all acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell and to sell said city's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility; to grant local public utility franchises and use of streets and public places therefor; also to provide authority for the Mayor and Council to contract to sell and to sell said city's complete system of water-works, water mains, equipment and all property connected therewith and to cease operation of such utility; to grant local public utility franchises and use of streets and public places therefor; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, and Act creating a new charter for the City of Jeffersonville, approved August 16th, 1909, and all Acts amendatory thereof, be and the same are hereby amended by adding the following provisions: Acts amended. The Mayor and Council of the city of Jeffersonville are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell and to sell upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to said city, and to cease operation of such utility, and to convey good

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and clear title thereto by deed of the city executed by its Mayor. Authority to dispose of plant; franchises. The Mayor and Council are also hereby authorized to contract to sell and to sell upon such terms and conditions as they may determine, the city's complete system of water-works, water mains, equipment and all property connected therewith, both real and personal, and used as a part thereof, belonging to said city, and to cease operation of such utility, and to convey good and clear titles thereto by deed of the city executed by its Mayor. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 20, 1925. LOUISVILLE CHARTER AMENDED. No. 1. An Act to amend the Charter of the City of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequent amendments thereto, so as to authorize and impower said City of Louisville, Georgia, 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

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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 authorize the levy and collection of a tax on all the property in said city subject to municipal taxation to be used in defraying the City of Louisville'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 Louisville as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly of the State of Georgia, approved Dec. 18th, 1900, consolidating and amending the several Acts incorporating the City of Louisville, Georgia, and the Acts amendatory thereof, be and the same is hereby amended by adding thereto the following provisions, to-wit: Acts amended. The aforesaid City of Louisville, Jefferson 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 benefitted, 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,

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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 expense of such improvement in conformity with the provisions of this Act. Authority to pave, 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 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, including the cost of intersections on any street or streets to be paved, the Mayor and Council of said city shall by written resolution apportion the cost and expense of the same pro rata per lineal fron 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. Resolution. Apportionment of expense. Sec. 3. Be it enacted by the authority aforesaid, That the Mayor and Council of the City of Louisville is hereby constituted the board of appraisers, whose duty it shall be to ascertain the cost of the improvements

Page 1100

provided for in this Act, and fix and apportion the cost and expense of the aforesaid improvements pro ata per lineal front foot to the several tracts, lots or parcels of land abutting upon the area covered by such improvements. 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 Louisville may in its discretion appoint from aming the residents of the City of Louisville five persons who shall constitute said board of appraisers, the person or persons so appointed to be freeholders in said City of Louisville, and shall possess the same qualifications as is required by the charter and ordinances of said City qualifications as is required by the charter and ordinances of said City of Louisville for the office of Mayor, and when so appointed shall do and perform all the duties as provided for in his 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 memebr of the aforesaid board. Quorum. 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 suceeding 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 one 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 of each succeeding year, or at such other date or dates as the aforesaid authorities may fix and determine, until all of the 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

Page 1101

semi-annually shall be by written resolution fixed and determined at the time the assessments and the apportionments thereof are made; provided, however, any one or more of the owners of the property assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of the resolution levying such assessment, without interest, thereby relieving such property from the lien of such assessment. Installments. Payment in 30 days without interest. 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 Louisville may be 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 Louisville 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, suceeding date of the issuance thereof, and one-tenth of the amount of such issue of bonds together with the interest, annual or semi-annual, upon

Page 1102

the whole amount thereof remaining unpaid shall be payable on the first day of January in each suceeding 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 places for the improvement of which they have been issued, and that they are payable exclusively from assessments which have been levied upon lots, parcels and tracts of land benefited by such improvements under the authority of this Act; said bonds shall be signed by the Mayor of the City of Louisville and attested by the clerk 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 expense 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 Louisville 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 of the City of Louisville as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be entered upon each of said bonds. Bond issue. Recitals in bond. Proceeds. Registration.

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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 of said City of Louisville who shall issue proper receipts therefor, the aforesaid officers of the City of Louisville 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 Louisville is authorized and empowered by proper ordinance to fix the date, or dates, for the payment of all assessments and interest thereon as in their discretion they deem advisable when not inconsistent with any of the other provisions of this Act relating thereto. Collection of assessments. 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 Louisville 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 assessments for the improvements herein provided for, and the enforcement of the same by execution and levy any abutting property owner shall have the right to file an affidavit of illegality, returnable to the Superior Court of Jefferson 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

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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 Jefferson 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 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 paupersa, 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 expenses of constructing sidewalks, footwalks, curbing, drains, and gutters along the sides of all public thoroughfares in said city, together with the whole or any part of the cost of all material used in making such street improvements against the property abutting on such thoroughfares, streets or highways receiving such benefits, which shall be against the property and the owners thereof according to its frontage as is provided in this Act, and the cost of making such other street improvements as are authorized under this Act shall be apportioned and assessed as follows: Not exceeding two-thirds (2-3) of the cost and expenses of improvements made in pursuance of this Act, shall be assessed against the abutting property and its owners on the two sides of the street or other public thoroughfare paved, macadmized or otherwise improved according to its front footage and in connection with the other provisions of this Act prescribing the manner in which said apportionment and assessments are to be made, and the balance or residue of such expenses and cost shall be chargable to and borne by the City of Louisville, Georgia, which may be paid by the levy and

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collection of an ad valorem tax or by the issuance of bonds other than the street improvement bonds authorized by this Act to be issued, or by any funds which may be alloted to Jefferson County for the use and benefit of the public streets in the City of Louisville, by the State or Federal Government, or by the State and Federal Government or, 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 the State or Federal road funds allotted to the City of Louisville and the laws of this State. The Mayor and Council of the City of Louisville, Georgia, are hereby authorized to fix the assessments to be paid by the abutting land owners on any street, or on any block in said City which is to be paved at any fractional part of the cost of said improvement not to exceed the said two-thirds thereof, and for that purpose they are to take into consideration the location of the property, the improvements thereon and the value thereof, and the nearness or remoteness of such street or block from the business or residential section of said City, the presence or absence of parks or boulevards, the width of the street or any other factor in the discretion of the Mayor and Council, and may use in their discretion any basis for fixing the proportion to be paid by the abutting land owners, but in no event shall such apportionment exceed said two-thirds as hereinabove provided for. Apportionment of expense. Two-thirds of cost to be assessed. Sec. 10. Be it further enacted by the authority aforesaid, That when the right of way of any railroad company crosses any street, highway or other throughfare 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

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its tracks; any and all property owned by Jefferson 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 cllection of demands against said county. Railway property. Public property. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Louisville 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 confined, as well as to make all necessary provisions for the apportionment, assessment and collection for all the costs and expenses herein provided for against the abutting property and the owners thereof for such 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. Enforcement. Sec. 12. Be it further enacted by the authority aforesaid, That the City of Louisville is authorized and empowered to make all the improvements provided for in this Act independent of or in connection with the authorities of Jefferson 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 said State Highway Department not inconsistent with this Act, and make all contracts necessary in connection therewith. Jefferson County and State authorities.

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Sec. 13. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Louisville shall have full and complete cotrol of the streets, alleys, sidewalks, and squares of said city, and shall have power and authority to open, lay out, widen, straighten or otherwise change all streets, sidewalks, alleys and squares in said City of Louisville. Whenever the said Mayor and City Council of the City of Louisville shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged, as to the amount of damage, the said Mayor and City Council of Louisville shall chose one appraiser, and the owner of the land to be taken or damage shall choose another appraiser, and the two thus chosen if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being sworn to do justice between the parties, shall fix the damage to the owner of the property caused by the opening or damaging of such street, alley or square; and if the property owner, after five days' notice shall fail to name an appraiser, the Clerk and Treasurer shall appoint one for him; and in every case where the two appraisers chosen shall, for the space of five days, fail to agree upon the third appraiser, the said Clerk and Treasurer shall appoint such appraisers; provided, the said appraisers, whether chosen by the parties or appointed by the Clerk and Treasurer, shall be citizens of said city. The award of the appraisers shall be in writing, and shall be filed within five days in the Clerk's office of the Superior Court of Jefferson County, and shall thereupon operate as a judgment, and execution may issue thereon. Either party may, within ten days from filing of the award, enter an appeal to the Superior Court of Jefferson County. All costs, including the fees of the appraisers, shall be paid by the City; and at any stage of the proceedings to condemn before or after the final award, the Mayor and Council of the City of Louisville may, by paying to the property owner all expenses, actually incurred

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by him, withdraw the proceeding and decline to take the poropterty, or to make the change in such street, alley, sidewalk or square. Exclusive control. Objections. Appraisers Judgment. Costs. Sec. 14. Be it further enacted by the authority aforesaid, That when any property of Jefferson County abutts upon any sidewalk in said City, the City of Louisville shall have power and authority to pave, curb, remove or repair the same and asses the whole cost of the same against the county, according to frontage, and when such property abutts upon any street, alley or way that is graded, paved or otherwise improved by the said City of Louisville, said City shall have power and authority to assess against said Jefferson County, its proportionate part of the cost of such grading, paving, or improving, according to frontage, and the method of collection, in case of refusal to pay, shall be by suit against the County Commissioners of Jefferson County in some court of competent jurisdiction. Jefferson County property, assessment against. Sec. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 10, 1925. LOUISVILLE; SALE OF PLANT. No. 104. An Act to amend an Act approved December 18, 1900, consolidating, amending and superseding former Acts incorporating the City of Louisville, and all Acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell and to sell said city's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility; 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, and Act consolidating, amending and superseding former Acts incorporating the City of Louisville, approved December 18, 1900, and all Acts amendatory thereof be and the same are hereby amended by adding thereto the following provisions: Acts amended. The Mayor and Council of Louisville are hereby authorized and empowered by ordinance to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal connected therewith and used as a part thereof, belonging to the said city, and to cease operation of such utility, and to convey good and clear title thereto by deed of the city executed by its Mayor. Authority to sell plant. Sec. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1925. LYONS; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 366. An Act to amend an Act approved August 7, 1907, creating a new charter for the City of Lyons and all Acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell, and to sell said city's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility; to grant local utility franchises and use of streets and public places therefor; and for other purposes.

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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 the passage of this Act, an Act creating a new charter for the City of Lyons, approved August 7, 1907, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Acts amended. The Mayor and Council of the City of Lyons are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell nd to sell upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsover, both real and personal, connected therewith and used as a part thereof, belonging to said City of Lyons, and to cease operation of such utility, and to convey good and clear title thereto by deed of the City executed by the Mayor. Authority to sell plant; franchises. 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 22, 1925. MACON; ALLEY ENCROACHMENT. No. 227. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the city of Macon, and Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage

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of this Act, the Act approved on the 17th day of August, 1914, appearing on pages 981 to 1044, both inclusive, of the published Acts of Georgia, 1914, creating a new charter for the City of Macon, be, and the same is hereby, amended as follows: Act of 1914 amended. Sec. 2. That the Mayor and Council of the City of Macon be, and they are hereby, authorized and empowered to sell, grant and convey, to the abutting property owner, at such a price as the said Mayor and Council may determine, a certain encroachment in the alley in the City of Macon, Georgia, running through square sixty-nine (69), from Spring Street to New Street, and between, and parallel with, Mulberry Street and Cherry Street, said encroachment being more particularly described as follows: Authority to convey property. Beginning on Spring Street and a point where lot seven (7), in square sixty-nine (69), intersects with said alley; thence extending along Spring Street in a southerly direction, and into said alley a distance of five (5) feet; thence in an easterly direction, through said alley a distance of one hundred and five (105) feet; thence in a northly direction, a distance of five (5) feet to the lot line of said lot seven (7), thence along said lot line, in a westerly direction, a distance of one hundred and five (105) feet to point of beginning. Property described. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1925.

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MACON CHARTER AMENDED. No. 364. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. That the Act approved August 16, 1920, amending the Act approved August 17, 1914, creating a new charter for the City of Macon, be amended by striking therefrom susbections (a), (c), and (e) of Section 21, of said Act of 1920, and inserting in lieu thereof the following: Act of 1920 amended. (a) Be it further enacted by the authority aforesaid, That when vacancies occur or new places are to be filled in either of said departments, the chief of the department in which such vacancies or new places exist shall receive applications therefor upon application blanks which shall be furnished without charge to any person desiring to make application. Vacancies in police and fire departments. (c) The chief of the department shall surrender all applications, together with the report of the physician on each application to the chairman of the committee for that department. Applications. (e) On the date set apart for the examination by the committee, due notice of which shall be given by the chairman to all applicants, such applicants shall appear in person before such committee to stand such examination and inquiry as may be prescribed or made by such committee, save and except that the Chairman of the committee, or in his absence any member thereof, may postpone the time and date of such examination for good cause in their discretion, provided that all applicants so appearing shall be given notice of the time, place and date of such postponed examination. Examination of Applicants.

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Sec. 2. Be it further enacted, That Act approved August 17, 1914, creating a new charter for the City of Macon be amended by adding the following provisions thereto: Act of 1914 amended. (a) At the first meeting of the Mayor and Board of Aldermen of the City of Macon held after the completion of the municipal auditorium, which is now being erected and equipped by the City of Macon, said Mayor and Council shall select four (4) persons, who, with the Mayor of the City of Macon as a member ex officio thereof, shall constitute a Commission to be known as the Auditorium Commission of the City of Macon. Auditorium Commission. (b) Each of said four persons shall be a resident taxpayer of the City of Macon, and none of them shall hold any other office, State, Federal, County, or municipal, while serving as a member of said Commission. Members not to hold other office. (c) The four Commissioners first elected shall be elected for terms as follows: One for one year; one for two years; one for three years; and one for four years. Those elected shall draw lots for the respective terms of service. Vacancies occurring during the terms of office of the original commissioners shall be filled by the Commission for the unexpired term. Vacancies occurring thereafter shall be filled by election by the Council for the unexpired term. The Council shall elect members of said Commission to take the places of members whose terms have expired and all those who are thus elected, after the original members whose terms are herein above provided for, shall hold office for a term of five (5) years or until their successors are duly elected and qualified. The Council shall have power to remove from office for any cause any member of said Commission after notice and opportunity to be heard on charges preferred. Terms. Vacancies. Removal. (d) Members of said Commission shall be paid from that Auditorium fund a fee of $5.00 for each meeting of

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the Commission attended; provided, however, that no fee shall be paid for more than one meeting per month. Compensation. (e) Said Auditorium Commission shall be charged with the control and management of the Auditorium and they shall manage it for the best interests of the City of Macon and of the people of the said City of Macon. Said Commission shall be authorized to receive and disburse auditorium funds for and on behalf of the City of Macon through a special account to be kept by the City Treasurer, under the control of the Commission; to make and sign contracts necessary or proper to be made or signed in connection with the operation and management of said Auditorium; and generally to do all things necessary to carrying out the powers herein conferred. The City of Macon shall be responsible for the entire cost of maintaining and operating the Auditorium if it shall not be self-sustaining. The Commission shall have authority to charge such sums as it may deem best for the use of the Auditorium and shall, so far as may be possible, operate on a budget system and shall not be authorized to disburse more than the money received from rentals and other income from the use of the building, except upon special authority from the Mayor and Council of the City of Macon. Powers and duties. Sec. 3. Be it further enacted, That the Act approved August 17, 1914, creating a new charter for the City of Macon, be amended by adding thereto the following provisions: Whenever any member of the police force or fire department of the City of Macon shall have served in such department for twenty-five years, he shall be permitted to retire from active service, on his own motion, upon one-half pay of the rank or position he may be holding at the time of said retirement, under the following terms and conditions: Police and fire departments; retirement of members.

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(a) Any such employee wishing so to retire, shall obtain from one of the official physicians of the City of Macon, a certificate to the effect tht such employee is no longer fit competently and fully to perform the active duties of his or her position or job. Upon presentation of such certificates to the committee which has control of the department in which said employee is employed, such committee shall pass upon said matter, and if they find the case meritorious, shall retire such employee upon one-half of the pay he is receiving at the time of such retirement, such one-half to be paid under the same rules and regulations as active members of said departments may be, at the time, paid. Certificate. (b) Such employee shall then be known as a retired member of his department, and shall be relieved of all active duties of his department, position or job and allowed to engage in any other such occupation or business he may desire. Retired member relieved of duties. (c) The retired pay granted under this Act shall continue to be paid to said retired employee for and during the term of his natural life. Pay. (d) The City of Macon shall have the right, upon a majority vote of the Council, to retire on half-pay, any member of the police or fire department who may have served in his department for twenty-five years, whether such employee desires to be so retired or not. Upon such retirement, half-pay shall be paid as required in subsection (a) hereof, and the provisions contained in subsections (b) and (c) hereof shall apply to any member of either department so retired. Retirement without application. Sec. 4. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved August 22, 1925.

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MACON CHARTER AMENDED; CITY-MANAGER GOVERNMENT. No. 298. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act and upon the approval of the same by the legally qualified voters of the City of Macon as hereinafter provided, an Act to create a New Charter for the City of Macon, and to consolidate the Acts relating to the rights and powers of said Corporation, to Enact amendments thereto, and for other purposes, approved August 17, 1914, and all Acts amendatory thereof, be and the same are hereby amended by providing therein for what is known as the City-Manager Plan of municipal government as herein provided; by retaining such parts of said Act of 1914 and the Acts amendatory thereof as are appropriate to said plan; by adding thereto other provisions appropriate thereto; and by consolidating all of said Acts into this Act, repealing such provisions of said Acts as are not appropriate to said plan. This Act shall supersede said Act of 1914 and the Acts amendatory thereof, and all provisions of said Acts inconsistent with or at variance with this Act. or any provisions hereof, are hereby [Illegible Text] repealed, and all laws or parts of laws in conflict with this Act are hereby repealed. Act of 1914 amended. Sec. 2. Be it further enacted, That the municipal government of the City of Macon shall consist of a Council of five members, who are hereby constituted a body corporate under the name and style of the City of Macon, and by that name and style shall have perpetual seccession, have a common seal, and be capable in law and

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equity to purchase, to have and hold, receive and enjoy, possess and retain any estate or estates, real or personal, of whatsoever kind or nature within or without the jurisdictional limits of the City of Macon, and shall in the name of the City of Macon be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all the rights, powers, privileges and immunities and be subject to all the penalties, forfeitures and liabilities of the present municipal corporation known as the City of Macon. Every right, title, claim or interest in property, real or personal, legal and equitable, contingent and vested, present and future, and every note, bill, bond, chose in action, or demand of any kind now held, claimed or owned by the present corporation known as the City of Macon shall and does hereby pass to the corporation hereby created by this Act along with every right, power and privilege to enforce such right, title, claim or demand in its own name as was enjoyed by the corporation created by the said Act approved on August 17th, 1914. And every right, title, claim or demand of any character against the present corporation known as the City of Macon may be enforced, set up and established against the corporation created by this Act to the same extent that such right, title, claim or demand could have been set up and established against the present corporation known as the City of Macon, and the corporation created by this Act shall be liable on all such rights, claims, and demands to the same extent and no more, than would the present corporation known as the City of Macon, had not this Act been passed. Council of five members. Rights and liabilities. Sec. 3. The corporate limits of the City of Macon shall embrace, and shall include all of the territory as set forth and described in the second section of the Act of the General Assembly of Georgia, creating a new charter for the City of Macon, approved August 17, 1914, and as amended by the Acts of the General Assembly of Georgia approved August 18, 1916, August 20, 1917, and August 16, 1920, and August 18, 1923. Territorial limits

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Sec. 4. The City of Macon shall have power: Municipal powers. (a) To acquire property within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, condemnation, lease, or lease with privilege to purchase for any municipal purpose, and to sell, lease, hold, manage, improve and control such property as though a natural person: Property. (b) To furnish all local municipal public services of whatever nature: Services. (c) To purchase, hire, construct, own, maintain, and operate or lease local public utilities, and to acquire, within or without the corporate limits, property necessary for any such purpose: Public utilities. (d) To grant local public utility franchises and regulate the exercise thereof: Franchises. (e) To establish, lay out, construct, widen, straightan, extend, change, grade, improve, and vacate streets, alleys and other public ways, and to establish, improve, maintain and vacate parks, public places, and gounds of all kinds: Public improvements. (f) To regulate and control the use, for whatever purpose, of the streets and other public places of the city: Control of public places. (g) To assess, levy, and collect taxes for general and special purposes on all property, subjects and objects which the city may lawfully tax: Taxes. (h) To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city: Bonds and notes. (i) To appropriate the money of the city for all lawful purposes: Appropriations. (j) To license and regulate persons, corporations, and associations engaged in any business, occupation, profession or trade and to require the payment of a

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license fee, or special tax, thereby in addition to all other taxes: Licenses. (k) To create, provide for, construct, regulate and maintain all things in the nature of public works and improvements: Public works. (l) To levy and collect assessments for local improvements: Assessments. (m) To establish and maintain a fire department with jurisdiction within the City of Macon, and over all property of the city outside of the city limits thereof: Fire department. (n) To establish and maintain a police force with jurisdiction within the city, and over all property of the city outside of the limits thereof: Police force. (o) To make and enforce police, sanitary, and similar regulations applicable within the city, and to all property of the city outside of the city limits: Regulations. (p) To define, prohibit, abate, suppress and prevent, within the city, all nuisances and cause thereof, and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants: Nuisances. (q) To make all needful regulations, applicable within and without the city, for securing and preserving the purity of its water supply: Water supply. (r) To provide for such inspection service within and without the city as may be necessary to insure the purity and wholesomeness of food products sold within the city: Food inspection. (s) To do all things necessary or desirable to secure and promote the public health: Public health. (t) To regulate the construction, reconstruction, material, location, height, maintenance, and occupancy of buildings: Buildings.

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(u) To devise and employ means for the relief and prevention of poverty and destitution: Poor relief. (v) To pass such ordinances as may be expedient for maintaining and promoting the peace, safety, good government, and welfare of the city for the performance of the functions thereof: Ordinances. (w) To exercise, in addition to the powers enumerated in this section, all powers that now are or hereafter may be granted to municipalities by the Constitution and Laws of the State of Georgia; and all the powers of the city whether expressed or implied shall be exercised or enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the Council. General powers. Sec. 5. On the third Wednesday in November, 1927, there shall be held an election for five Councilmen, one from each ward of the City of Macon, and one from the City at large; they shall hold office for and during a period of five years from January 1, 1923, except as hereinafter provided. Election of councilmen. At the election held on the third Wednesday in November, 1927, as herein provided for, there shall be elected a Board of five councilmen who shall serve as follows: one for five years; one for four years; one for three years; one for two years, and one for one year; each from January 1, 1928, and said councilmen so elected shall determine by lot the respective terms that each shall serve. Thereafter, on the third Wednesday in November of each year there shall be elected one councilman to fill the term of the councilman expiring that year, and from the ward or from the city at large as the case may be, of the councilman whose term so expires; the term of one councilman expiring each year, and a new councilman being elected each year to fill the place of the councilman whose term of office expires, and as

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his term expires; and the new councilman so elected each year shall be elected from the same ward as that of the mating the total cost of each improvemnt and prorating as the case may be. The election herein provided for on the third Wednesday in November, 1927, shall be held and conducted under the management and control of the Mayor and Aldermen of the City of Macon, and under the laws now governing elections held in the City of Macon, subject to any provisions of this Act. Should a vacancy occur on the Council by death, resignation, or otherwise, the remaining members of the Council shall select some fit and proper person to serve in his place, and such person so elected by the Council shall serve only until the next regular election, at which time, in addition to the councilman whose term will have expired, an additional councilman, and from the ward of the additional councilman, or from the city at large as the case may be, shall be elected to fill the said unexpired term. Terms. Sec. 6. On the first day of January, 1928, and each year thereafter, the Treasurer of the City of Macon shall open a book, or books to be designated as Voters' Book. Said book shall contain on the top of each page thereof the following oath, to-wit: I do swear, or affirm, that I am a citizen of the United States; that I am twenty-one years of age, or will be on the third Wednesday of November of this calendar year; that I have resided in the State of Georgia for one year, in the County of Bibb for six months, and in the City of Macon three months immediately preceding the date of this oath, or will have so resided on the third Wednesday of November of this calendar year; that I have paid all taxes, State, County and Municipal which, since the adoption of the Constitution of 1877 have been required of me, except taxes for this year; and that I am not disfranchised from voting by reason of any offense committed by me against the laws of the State of Georgia. I further swear that the ward, street and street number

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set opposite my name in this voters' book is my true place of residence, and the statements opposite my name in this voter's book as to age, and occupation are true, so help me God. Oath of voters Sec. 7. In addition to keeping such voters' book open for signatures during the usual hours of business, daily from January 1st, as hereinbefore required, the Treasurer of Macon, for a period of thirty days beginning ninety days prior to the third Wednesday of November, 1928, and each year thereafter (the same being the date of the general city election) shall keep said voters' book open for signatures at his office from nine o'clock a. m. until five o'clock p. m., each day, Sunday and legal holidays alone excepted. For the period of thirty days beginning ninety days prior to the third Wednesday of November, 1928, and each year hereafter the City Manager may appoint a deputy registrar, who when so appointed, may perform any and all duties of the treasurer so far as the registration of voters is concerned. The Treasurer shall always keep such voters' book open for signatures at his office at any and all times when his office is open for the pament of taxes, or other business. The Treasurer, and also said deputy registrar, during the period of his services, as herein provided for, is authorized and empowered to take charge of said voters' book, and to administer said oath. When the signature of any person 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, and qualified to register as hereinafter provided, may apply to said Treasurer, or to said registrar, during the period of his service, and after reading said oath, or having the same read to him, shall subscribe the same by subscribing his name in such voters' book underneath the printed oath above described; a memorandum of the ward (giving the name of the

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street and the number of his residence, if any, his age and occupation), in which affiant lives being first made by the officer in charge of the book, or by the affiant, opposite the place of signature of affiant. And when affiant is not twenty-one years of age, at the date of taking the oath, a similar entry or memorandum shall, in like manner, be made, showing the date in that year when he will reach the age of twenty-one years; and when the affiant has not resided in the State one year, or in the County six months, or in the City three months, at the date of taking the oath, a similar entry or memorandum shall be made showing the date in that year when he will have resided in the State one year, in the County six months, and in the City three months. Upon request of the applicant, in any case in the discretion of the officer in charge of said book, such officer shall read or repeat said oath distinctly to the applicant, and if the applicant can not sign his name, said officer shall sign for affiant, the applicant making his mark thereto. The signatures so made in said book shall be evidence that the person so signing swears or affirms the truth of every statement contained in said oath, and also to the written memorandum or entries opposite his signature. 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 of the person signing, that is to say whether white or colored. Any person swearing falsely under this section shall be liable to indictment and punishment as in other cases of false swearing under the laws of this State, and the Act of signing said voters' book shall, in any prosecution hereunder be held and deemed equivalent to taking the oath therein printed. Sixty days before the general city election the Treasurer shall close the registration book for the general election, and for the party primary for that year, and shall proceed to make up and file with the Clerk of the City of Macon a list to be designated Registered Voters in alphabetical order of names, in each

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ward, distinguishing in said lists between white and colored voters. Registration of voters. Sec. 8. All persons qualified to vote for members of the State Legislature in the County of Bibb, who shall have paid all taxes legally imposed upon them and demanded by the proper authorities except for the year in which the election occurs, and who shall have resided three months within the jurisdictional limits of the City of Macon, and have registered as herein provided, shall be qualified to vote at any city election. Qualifications. Sec. 9. The following shall be the qualifications necessary for registration: Same subject. (a) The person must be a citizen of the United States who has resided within the State of Georgia for one year; in the County of Bibb six months, and within the City of Macon three months, next preceding the time of the election. (b) The person must be twenty-one years of age, or must become so by the day of the election. (c) The person must have paid all taxes since the adoption of the present State Constitution, to the State of Georgia, to the County of Bibb, and to the City of Macon, which have been required of him, and which he has had an opportunity to pay agreeable to law, except for the year of the election. No person shall be entered on the registration list who does not apply to the Treasurer, or the deputy registrar during his period of service in person upon the days and within the hours fixed for registration. Sec. 10. Certificates of registration shall be furnished to the person registering, by the officer in charge of said voters' book. Certificate of registration. Sec. 11. No person shall be allowed to vote at any city election in the City of Macon, or in any party primary, for the nomination of councilmen for said city,

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who has not duly registered according to the provisions herein set forth. Any person voting in any such election, or any such primary, without having registered as herein provided shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Voting without having registered; penalty. Sec. 12. It shall be the duty of the City Clerk to cause to be printed and posted in front of the city hall of the City of Macon by 2:00 o'clock p, m, on the day preceding the election the corrected list of the registered voters and also to furnish to each of the election managers a certified copy of such printed list on or before the opening of the polls at any city election. Each elector must vote in the ward in which he resides. The books of registration must be open to the inspection of the public at all times from the beginning of the registration to the day of the election. List of voters. Sec. 13. The ward lines of the City of Macon as they are now established are hereby retained, but the Council of the City of Macon from time to time shall have the power and authority to change the boundaries and limits of the same. Ward lines. Sec. 14. On the third Wednesday in November, 1928, and each year thereafter, there shall be held an election for one councilman from the ward, or from the city at large as the case may be, to take the place of the councilman whose term of office expires at that time. All city elections shall be held between the hours of 6:00 a. m. and 6:00 p. m.; the polls shall open promptly at 6:00 o'clock a. m. and shall close promptly at 6:00 o'clock p. m. Election in 1928. Polls. Sec. 15. The Council shall appoint three freeholders from each ward, who shall be registered voters therein, to manage said election. It shall be the duty of the managers to receive, count and verify the number of votes polled. Each of said managers before entering on his duties shall take the following oath before some judge

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or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and prevent all illegal voting, to the best of my ability and power, so held me God. Managers. Oath. It shall be the duty of the City Manager to furnish all necessary material for carrying on the elections in the City, and he shall cause to be published in the city papers the names of the election managers, and designate the buildings or places where elections will be held. Such notices shall be published for ten days previous to the election. Notice. Sec. 16. The City Manager in conjunction with the Sheriff of Bibb County and the Chief of Police of the City of Macon shall take all necessary measures to preserve order, prevent the carrying of weapons contrary to the law, and to secure to all the electors the right to deposit their ballots at the polls. Police officers and challengers shall not intimidate or persuade any elector at the polling places of the city at such elections. For every violation of this provision, the party or parties so violating the same shall be subject to indictment, and on conviction shall be fined not less than twenty-five dollars, and not more than one hundred dollars, or be imprisoned for not less than ten days nor more than three months. The Grand Jury of Bibb County shall have power to inquire into this offense. Intimidation. Penalty. Sec. 17. If any person offering to vote at said elections is challenged, he shall take the following oath: I do solemnly swear that I am a citizen of the United States, and of the State of Georgia; that I have attained the age of twenty-one years, and have resided in the State one year, in the County of Bibb six months, and in the City of Macon three months next preceding this election; that I have paid all taxes which, since the adoption of the present Constitution of Georgia, have been required of me, and which I have had an opportunity to

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pay agreeable to law, except for the year in which this election is held, and that I have not voted in any other polling place this day, so help me God. The managers in charge of said election shall make a memorandum on the ballot of the challenged voter showing that said voter was challenged and that the oath was administered to the voter. Oath of challenged voter. Memorandum on ballot. Sec. 18. Any person voting illegally at any of said elections shall be liable to the same penalties as are prescribed by law for illegal voting in the State and County elections. Illegal voting. Sec. 19. After the votes for the Council, or for the members thereof, as the case may be, at any election shall have been counted by the managers, they shall cause two certified copies of the tally sheet to be made out, one of which shall be handed over to the City Manager for the time being, and the other shall be retained by the managers. And as soon as the Council shall be informed of the result of said election, the Council shall cause the person, or persons, elected to be notified of the same, and shall also cause to be filed with the Clerk of the City of Macon, the certified copies of the tally sheets of said election to be kept on file by said Clerk in his office and duly recorded by him on the book of Minutes of the Council. The person or persons who shall receive the highest number of votes for the council shall be declared duly elected. Tally sheets. Notification. Sec. 20. Any member of the Council may be removed from office in the following manner: Reca Any elector of the City of Macon may make and file with the City Clerk an affidavit containing the name of the member of the Council whose removal is sought, and a statement of the grounds alleged for his removal. The Clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks for demanding such removal, printed form of which he shall keep on hand.

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Such blanks shall be issued by the Clerk with his signature thereto attached, and shall be dated and addressed to the Council, shall indicate the person to whom issued, and state the name of the Councilman whose removal is sought. A copy of the petition shall be entered in a record book kept for that purpose in the office of the Clerk. A recall petition to be effective must be returned and filed with the Clerk within thirty days after the filing of the affidavit and to be sufficient must bear the signature of at least twenty (20) per centum of the registered voters of the city as shown by the registration sheets of the last general municipal election. Petition. Sec. 21. If a recall petition shall be certified by the Clerk to be sufficient he shall at once submit it to the Council with his certificate to that effect, and shall notify the councilman whose removal is sought of such action. If the councilman whose removal is sought does not resign, within five days after such notice the Council shall thereupon order and fix a day for holding a recall election. Any such election shall be held not less than forty, nor more than sixty days after the petition has been certified to the council, and it may be held at the same time as any other general or special election with in such period, but if no other election is to be held within such period the Council shall call a special recall election to be held within the time aforesaid. Notice. Election. Sec. 22. The question of recalling any number of members of the Council may be submitted at the same election, but as to each such officer a separate petition shall be filed and there shall be an entirely separate ballot. Separate ballot for each councilman. Sec. 23. The ballots used in a recall election shall submit the following propositions in the order indicated: Ballots. For the recall of (name of councilman). Against the recall of (name of councilman).

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The elector by striking out either of these propositions may indicate his vote for the one not so stricken out. Except that the spaces left for the name and the date shall be filled by the correct name and date; the ballots used at a recall election shall be in form substantially as follows: RECALL ELECTION. CITY OF MACON. (Month and day of month). 19..... For the recall of..... Against the recall of..... Sec. 24. If a majority of the votes cast on the question of recalling a member of the Council be against his recall, he shall continue in office for the remainder of the unexpired term, but subject to recall as before. If a majority of such votes be for the recall of the member of Council designated on the ballot he shall, regardless of any defects in the recall petition, be deemed removed from office. Results. Sec. 25. If a member of the Council in regard to whom a sufficient recall petition is submitted to Council shall resign before the recall election, or be removed as a result thereof, the vacancy so caused shall be filled in the manner provided by this Act for filling vacancies in such office. Resignation. Sec. 26. No recall petition shall be filed against a member of the Council within three months after he takes office, nor, in case of a councilman subjected to a recall election and not removed thereby, until at least six months after that election. Petition presentable, when. Sec. 27. The Council elected under the provisions of this Act shall be vested with the executive and legislative

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powers of the city government, and shall as such be vested with full power and authority from time to time, to make and establish such rules and ordinances in all matters affecting the good government of the city as they deem requisite and proper for the security, welfare, health and convenience of the city, and for preserving the peace, order, health and good government of the same. This enumeration of powers, however, is not to be so construed as to conflict with any special power or authority given to the Council by this Act, but rather in aid of such power. Council vested with executive and legislative powers. Sec. 28. The persons elected as members of the Council under this Act shall attend on the first Monday in December, or as soon thereafter as possible after their election at the Council Chamber of the City of Macon for the purpose of qualifying and taking the oath of office. Each Councilman shall take and subscribe before some judge, or justice of the peace, the following oath: I,....., do solemnly swear that I will well and truly perform the duties as a member of the Council of the City of Macon by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Macon and the common interest thereof, so help me God. They shall enter upon the duties of their office on January 1, following the taking and subscribing to said oath. The compensation to be paid to the members of the Council shall be twenty-five dollars per month for each councilman; they shall elect each year from their number a chairman and a vice chairman. The Council shall hold at least one meeting each week, and all meetings of the Council shall be open to the public. Oath of office. [Illegible Text] Officers. Meetings. Sec. 29. Immediately after the first day of January, 1928, or as soon thereafter as possible, the Council shall appoint a City Manager, who shall be the chief executive officer of the city. He shall be chosen solely on the basis

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of his executive and administrative qualifications, and need not when appointed be a resident of the City of Macon or of the State of Georgia. No member of the council shall be chosen as City Manager. The City Manager shall not be appointed for a definite term, but shall be removable at the pleasure of the Council. If removed at any time after he has served six months he may demand written charges and the right to be heard thereon at a public meeting of the Council prior to the date on which his final removal shall take effect, but pending and during such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final, it being the intention of this Act to vest all authority and fix all responsibilities for any such suspension or removal in the Council. In case of the absence or disability of the City Manager the Council shall designate some qualified person to perform the duties of the office. The Manager shall receive such compensation as may be fixed by the Council. City Manager. Appointment. Removal. Compensation. Sec. 30. The City Manager shall be responsible to the Council for the proper administration of all the affairs of the city placed in his charge, and to that end shall appoint a Treasurer, a City Clerk, who in addition to his duties as such Clerk shall act as Secretary to the Council; a Marshal; an Assessor; an Engineer; a Chief of Police subject always to the civil service rules and regulations of the city; a Chief of the Fire Department, subject always to the civil service rules and regulations of the city; a Superintendent of the City Hospital; together with such other officers, agents and employes as may in his judgment be necessary for the proper administration of the general government of the city, and he is authorized and empowered to consolidate and combine any two or more of said offices. The Council shall not dictate the appointment of any person to office or employment by the City Manager, nor in any manner interfere with him or prevent him from exercising his own judgment in the

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appointment of officers and employes in the administrative service. Except for the purpose of inquiry the Council shall deal with that part of the administrative service for which the City Manager is responsible solely through such City Manager, and the Council shall not give orders to any of the subordinates of the City Manager either publicly or privately. Responsibility to Council. Employees. Sec. 31. The City Manager shall at all times have the right to discharge or suspend any officer, agent or employe appointed or employed by him when in his judgment the interest of the city demands th same, and from his action, or actions, in dealing with officers, subordinates or employes appointed or employed by him, there shall neither be appeal to nor interference by the Council. Removal of officers. Sec. 32. The City Manager shall be the purchasing agent for the city and shall make all contracts of any kind and character to be done for, or in behalf of, the city, subject always to the approval of the Council. Purchasing agent. Sec. 33. The City Manager shall enforce and carry into effect all ordinances, rules and regulations passed by the Council. Enforcement of ordinances, etc. Sec. 34. The City Manager shall have the right to be present at all meetings of the Council and to take part in its discussions, but he shall have no vote. He shall prepare and submit the annual budget estimate and make such other recommendations to the Council concerning the affairs of the City as may seem to him desirable. Recommendations; budget. Sec. 35. The City Manager shall keep and maintain an office in the City Hall, and his office shall be open each day during business hours, except Sundays and legal holidays. Office. Sec. 36. The City Manager shall take and subscribe to the following oath: I,....., do solemnly swear that I will faithfully perform all of the duties

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incumbent upon me as manager of the City of Macon, to the best of my skill and ability, so help me God. Oath. Sec. 37. The Council of the City of Macon is hereby authorized and empowered to call by ordinance an election by the legally qualified voters of the City of Macon for the purpose of obtaining the assent of two-thirds of said legally qualified voters to an issue of bonds in such amount, or amounts, as may be permitted under the Constitution and laws of the State of Georgia, and at such time, or times, as the Council may in its discretion prescribe, for any and all of the following purposes, towit: Bond election. 1. For paving, macadamizing, draining, guttering, or otherwise improving for travel or use the public streets, lanes, and alleys of the City of Macon. Purposes 2. For establishing and maintaining a system of surface or storm and sanitary sewers within the City of Macon. 3. For acquisition by purchase of a municipal lighting plant or municipal gas plant, or for the construction of a new electric lighting plant or gas plant; for the extension and improvement of such electric lighting plant or gas plant if so acquired or built. 4. For the construction of any public building, bridge, viaduct, underpass, hospital or other public works to be used exclusively for lawful corporate purposes looking to the safety, health and general welfare of the citizens of Macon; or for the enlargement, extension or improvement of any such public building, bridge, viaduct, underpass, hospital or other public works, and for any other legitimate municipal purpose. It shall be the duty of the Council calling such election to provide for submitting separately to the qualified voters of the City each question presented for ratification or rejection, so that each voter may vote for or against any

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or all of the purposes for which it is proposed to issue bonds. Purposes submitted separately In the event the assent of two-thirds of the legally qualified voters of the city is obtained at the election called as herein provided, the Council shall have full authority and power to make all contracts necessary or incident to the expenditure of the proceeds of the sale of said bonds for the purposes and objects for which they were issued; and to enact and enforce all such ordinances, resolutions, rules and regulations for the construction, operation, maintainence, regulation and protection of said public improvements as in their discretion they may deem fit and proper, and to enforce such ordinances and regulations by fine and imprisonment as well by the issue and levy of executions for that purpose. Contracts, etc. Sec. 38. In all elections which may be hereafter held in the City of Macon for the purpose of authorizing the issue of bonds by the city, for any purpose whatever, a special registration shall be had for such bond elections, and such registration shall be had, and such registration lists prepared as herein provided, except; the Treasurer of the City of Macon, or the deputy registrar appointed for such special election during the period of his service, for a period of thirty days beginning sixty days prior to such special election, shall keep the voters book open for signature at his office in the City Hall in the City of Macon from nine a. m. to five p. m. each day, Sundays and legal holidays excepted. All the provisions of this Act in reference to registering illegally for general elections shall apply to registrations for special bond elections. No bond election shall hereafter be held in the City of Macon without such special registration. Registration of voters. Sec. 39. No person shall be eligible as a member of the Council unless he be of the age of twenty-five years or more; qualified to be an elector of the city, and who shall have resided in the city for two years immediately preceding

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his election; he shall also be a bona fide freeholder of the city in his own right at the time of his election, and shall remain such bona fide freeholder owning real estate in the city of Macon in his own right during his entire term of office. Council; eligibility to membership Sec. 40. No member of the Council, nor any officer or agent of the City of Macon shall be interested either directly or indirectly in any contract made with the city, nor receive any profit or emolument for any purchase or sale of material or other articles paid for out of the public revenues, or for which the city becomes responsible. Any member of Council, or any other officer or agent of the city, guilty of such practice shall be subject to be indicted by the Superior Court of Bibb County, and upon conviction, shall be fined in a sum not exceeding One Hundred Dollars, and shall, moreover, be removed from office. The said fine may be collected by execution, and shall be paid to the City Treasurer for the use of the City of Macon. Illegal contracts. Penalty. Sec. 41. The City Attorney and the City Recorder shall be appointed by the Council, and the compensation of each shall be fixed by the Council. Attorney and Recorder. Sec. 42. There shall be a Recorder's Court established for the City of Macon, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government, and to punish for the violation of the same. Said Court also shall have power to enforce its judgments by the infliction of such penalties as may be provided by law; to punish witnesses for non attendance, and also any person who shall counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceedings in said court, to go or move beyond the reach of the process of the same. Said court shall be presided over by the City Recorder, or in his absence or disability by a member of the Council as in this Act provided. Recorder's Court.

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Sec. 43. The City Recorder shall be a freeholder of the city, shall be twenty-one years of age, and shall have resided for two years preceding his election in the City of Macon. Before entering on the duties of his office he shall take an oath before the Chairman of the Council or some other officer authorized by law to administer oaths, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the Council, and shall be subscribed by the Recorder. Said Recorder may be removed from office by the Council after trial and conviction by the Council upon written charges for neglect of duty, or other conduct unbecoming his station, to be judged of by the Council. Recorder; eligibility. Oath. Removal. Sec. 44. The Recorder shall have power to impose fines for the violation of any law or ordinance of the city passed in accordance with its charter to an amount not to exceed three hundred dollars; to imprison offenders in the city prison for a period of not more than forty days, or at labor on the public works and the streets of the city for not more than sixty days; and the said Recorder shall have the power and authority to impose any one or more of these punishments when in his opinion the facts of the case justify it. Said Recorder shall not have the authority to inflict a greater punishment for contempts committed in the presence of the court than to impose a fine of twenty-five dollars, or imprisonment in the city jail for a period not exceeding ten days. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police department of the city, and to commit the offenders to the jail of the County of Bibb, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. The

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Clerk of the Recorder's Court shall have power and jurisdiction coexistent with the justices of the peace of the State of Georgia to issue criminal warrants and other warrants. Fines. Contempt. Warrants. Sec. 45. The right of certiorari from the decision and judgment of the Recorder shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Bibb County upon a petition in writing to said judge, to be presented within ten days after the rendition of the decision or judgment complained of and not thereafter. Such petition shall state the grounds of complaint and shall contain a brief of the evidence had on the trial, and shall be duly sworn to. If, upon examination, the judge shall consider the petitioner entitled to the writ of certiorari, it shall be his duty to cause such writ to be issued and served on the Recorder, as in other cases under the laws of this State, requiring him to certify and send up to the Superior Courts complete and accurate history of the case as his answer thereto, which shall be subject to correction and traverse as provided in the Code of this State. The judge at Chambers, or in term time, may hear and determine such traverse as well as the certiorari upon which it is based, after ten days notice to each party and may then affirm or reverse the decision of said Recorder, provided, however, that no writ shall be granted until the accused shall have paid all costs and filed with his petition an affidavit setting forth that he has been wrongfully and illegally convicted, and give good and sufficient bond and security, payable to the City of Macon, conditioned to answer the judgment of the court, or in lieu thereof shall make affidavit of his inability from poverty to pay the costs and give the bond aforesaid. If the writ of certiorari is granted the judgment of the Recorder's Court shall be suspended until the judge of the Superior Court shall finally pass upon the case. Certiorari.

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The City Manager shall designate a member of the police force to attend all sessions of the Recorder's Court, and act as clerk thereof. In addition to his other duties, he shall also act as clerk to the Chief of Police and shall sign and issue all processes, summons and all attachments, etc., issuing out of said court, all of which shall bear test in the name of the Recorder. He shall keep all records of said court, receive all fines imposed by said court and account for the same as may be prescribed by the Council. The ministerial officers of said court shall be the Chief of Police, and all members of said police force of said city any of whom may execute the mandates of said court, and to whom in the alternative, all mesne and final process thereof shall be directed. The Chief of Police or one of the Lieutenants of the police force shall attend each session of said court for the purpose of executing the necessary orders thereof. Clerk. Sec. 46. In the absence, sickness, or disqualification of the Recorder, and, in the absence, sickness, disqualification of both the Recorder and the Chairman of the Council, any member of the Council of said city shall be clothed with the powers of the Recorder, and hold the Recorder's Court. Disqualification of Recorder. Sec. 47. The Council shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to secure the efficient and successful administration of the business of this court. Ordinances to administer court business. Sec. 48. The Chairman of the Council shall be authorized to suspend the sentence of any prisoner carried before the Recorder's Court for a violation of any city ordinance, law or regulation, until such person shall have an opportunity to appeal to the Council and lay before that body a statement of the facts in his case, and said Council shall have power after a full hearing of said case to commute, remit or suspend said sentence. Every appeal

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from the Recorder's Court to the Council shall be in writing and shall be sworn to by the appellant. Suspension of sentence. Appeal. Sec. 49. The control of the system of water-works of the City of Macon shall be and remain in the Board of Water Commissioners as at present; and Sections 65-77, inclusive, of the Code of the City of Macon, of 1914, relating to the organization of said Board and the operation of said system of water-works, together with all other laws and ordinances now existing with reference to said Board and said water-works system, are hereby expressly continued of full force and effect as a part of this charter. Water-works. Sec. 50. The Council shall have power and authority to regulate, widen, change, layout, direct and control the streets and alleys of the city, and the grading of the same; to open new streets and alleys and assess a tax for the payment of the damage caused by the same, and shall have power and authority to condemn property for such purposes, provided, however, that no private property shall thus be taken by the city without compensation being paid, and the method of procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings. Street improvements. Sec. 51. The Council of the city of Macon shall have power and authority to remove, or cause to be removed, any buildings, posts, steps, fence, or other obstruction or nuisance, in the public streets, lanes, alleys, sidewalks, or public squares of the city. Obstructions and nuisances. Sec. 52. All streets, alleys, sidewalks, pavements, and street crossings shall be under the control, power and direction of the Council, and it shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks, and pavements shall be constructed, paved or unpaved, and in case of failure or refusal of any property owner, after notice, to comply with the ordinances passed by the Council in

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reference to the construction paving or repairs of the sidewalks, pavements, or street crossings, said Council may also direct their officers, or persons in the employment of the city, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance, and the said Council is hereby empowered to issue executions for said bill of expense against the owner, and levy and collect the same as in case of executions for taxes. Provided, however, that nothing contained in this section or in any part of this charter, shall be construed to confer any ministerial power over the streets, crossings, sidewalks, pavements, public buildings, or public works of said city, but the said Council shall have the right to legislate concerning the same and to prescribe by ordinance or resolution the work to be done and the method of doing the same, and shall have charge of the public property, street improvements, street forces, and the performance of all other public works done or performed within the limits of the city of the character referred to in this charter. Exclusive contro of pavements. Execution for expense. Levy and collection. Proviso. (a) The Council shall have power and authority, in their discretion, to grade, pave, macadamize, drain, and otherwise improve for travel the streets and public lanes and alleys of said city, to put down curbing, guttering, cross drains, crossings and otherwise improve the same. Authority to pave, etc. (b) In order to fully carry into effect the authority above delegated the Council of the city shall have power and authority to assess the cost of paving and otherwise improving the sidewalks, including two thirds of the necessary curbing, and guttering for the same on the real estate abutting on the street on which the sidewalk is so improved. Sidewalks, etc. (c) The Council shall have power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, crossings,

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gutterings and otherwise improving the road way or street proper on the real estate abutting on each side of the street improved, and upon the property of any street railroad company, or other railroad company. The real estate abutting on each side shall be assessed and shall pay two-thirds of the entire cost and any street railroad company, or other railroad company, having tracks running through, across, or into any street so improved shall be assessed and shall pay all the cost of paving or improving such street for the entire space between their rails or tracks, and for one foot on each side thereof, where there is a single track; but whenever any street railroad company or other railroad company, shall have and maintain a switch track or other than one track on any street or part of street, paved and improved, then such street railroad company, or other railroad company, shall be assessed and shall pay the entire cost of paving the entire space between the rails of each track and one foot on each side of the outside rail of the outside tracks; and the Treasurer of the city shall issue execution for the amount assessed against any street railroad company, or other railroad company, at the same time and in the same manner as executions shall be issued against the real estate abutting on the street so improved, which said execution shall be enforced, levied and collected by the marshal in the same manner as is now or may hereafter be provided by law for the enforcement of the collection of executions against abutting real estate; provided, that the law requiring abutting property holders to pay the whole cost of sidewalks, including two-thirds of the costs of curbing and guttering is in no way effected hereby. Railroad companies. Executions. (d) The Council shall have power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose and for the amounts above set forth as may be just and proper, estimating the total cost of each improvement and prorating

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the cost thereof on the real estate according to its frontage on the street or portion of the street so improved. It shall be wholly discretionally with the Council whether said improvement shall be made or not. System of equalizing assessments. (e) The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Lien of assessment. (f) The City of Macon shall have authority to enforce the collection of the amount of any assessment so made for work, either upon the street or sidewalk, by execution to be issued by the City Treasurer against the real estate so assessed and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the Marshal upon such real estate, and after advertising and other proceedings as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the Marshal shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided, that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all costs shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and such affidavit so received shall be returned to the Superior Court of Bibb County and there be tried, and the issue determined as in cases of illegality with damages for delay. Collection. Execution. Levy and sale. Affidavit of illegality. (g) The City of Macon shall have full authority to pave or contract for paving of, the whole surface of the street, without giving any street railroad company or other property holder, or occupant of the street, the option of having the space to be paved by it paved by itself,

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or by a contractor at its instance, the object of this section being to prevent any delay in the progress of the work, and to secure a uniform quality of workmanship. Contracts. (h) The lien given to the City of Macon for assessments against abutting property and also on the property of street railroad companies for street or sidewalk paving, curbing, guttering, grading or draining shall have rank and priority of payment next in point of dignity to the liens in favor of the city for taxes due said city, such liens or priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Date of lien. (i) The Council shall have authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to grade, pave, macadamize, drain, curb or gutter, any of the streets of the city; to enforce by execution the payment of the cost thereof against adjacent property owners and railroad companies; to prescribe how the owners or agents thereof shall be served with notice by personal service, or by publication. Enforcement. (j) The City of Macon shall have authority to issue executions against the real estate abutting on the street improved, and the property of street railroad companies, or other railroad companies having tracks on the streets paved and improved, in the payment of the cost of doing said paving and improving; and the City of Macon shall have authority to transfer any or all of the executions for paving and improving the streets to any person or corporation, which said transfer shall be made in obedience to an ordinance, resolution, or contract of the City of Macon, and shall be in writing on said execution, signed by the Chairman of the Council and Treasurer of the City of Macon. Said executions, when issued and transferred as herein provided, shall convey to the owner thereof, all right, title and interest in and to said

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executions and to the assessment and the liens upon the respective lots, parcels of ground and property of the street railroad, or other railroad companies, as herein provided, with full power to enforce collection thereof by levy and sale of the property. Transfer of execution. Sec. 53. The City of Macon shall have full power to repave and repair any sidewalk, street or alley, and to do such work after proceedings as to levy and collection of assessment therefor as in cases of original paving provided for under this Act, whenever in the judgment of said Council the paving originally laid on such sidewalk, street or alley is worn to such extent that it is no longer useful as a good pavement. Repaving. Sec. 54. The Council of the City of Macon shall have full power and authority to require any railroad company or any street railroad company, whose tracks shall cross any of the streets of the City of Macon by any overhead bridge or structure, to drain, curb, and pave the entire width and length of said street extending three feet beyond the track or tracks for the entire space covered by and between said tracks and three feet on each side of the abuttments of trestle supporting said track or tracks, at such time and in such manner and with such materials as the Council may prescribe; and in the event that any railroad company shall fail to grade, curb, or pave any street or portion thereof as herein provided, within thirty days from the passage of any ordinance requiring said work to be done, then the Council shall have authority to proceed at once to do such work at the expense of the railroad company and collect the cost of doing such work in the same manner as now provided for the collection of assessments for street drainage, grading, curbing and paving. Authority to require railroad company to pave. Sec. 55. The Council of the City of Macon is hereby authorized and empowered to require all railroads and railroad companies to erect suitable bridges across their

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tracks and roadbeds, where the same cross the public streets of said city, in all cases in which the Council shall declare the same necessary for the protection of human life. It shall also be the duty of railroads and railroad companies having bridges erected or when they may hereafter erect bridges across their tracks and roadbeds, when the same cross the public streets of said city, to keep said bridges and approaches thereto, and the foundations and pillars and supports thereof in safe condition and so as to admit of comfortable travel on any such street. Said Council shall have the authority to regulate the building and repair of such bridges, insofar as to declare the general character of such bridges or repairs suitable to be made, and to provide for the material or materials to be used in the building or repair of such bridges, and provide for the drainage, light and comfort of said bridge and the street adjacent thereto or thereunder, and to provide for the least obstruction by supports and otherwise of any portion of the street practical and consistent with public safety and convenience. In case of failure of any railroad or railroad company after reasonable notice to do so, to build or repair a bridge or approaches thereto, or otherwise, as provided above, said Council shall have authority to do such building, repairing, or putting in safe and comfortable condition, at the expense, with interest and cost of such railroad or railroad company, for which execution may issue as other executions are issued by said city, and be levied on any property of said railroad or railroad company; provided, further, that said Council shall have power and authority, by ordinance, to declare any structure or railroad company's bridge or bridges a nuisance whenever in their discretion the same shall need repair, be unsafe, or in any manner shall interrupt or interfere with the public safety or convenience, and shall have the power and authority to order such structure, railroad or railroad company's bridge or bridges repaired, moved or reconstructed in accordance with the plans and specifications, and

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with such material and in such time and manner as may be prescribed by the City of Macon, or through its authority; provided, further, that if any railroad or railroad company shall fail to comply, after reasonable notice to build, repair or reconstruct the bridge or approaches thereto according to the plans and specifications, as above prescribed, said railroad company, through its resident agent or superintendent shall be summoned before the Recorder of the City of Macon, and shall be fined upon conviction for each day that said bridge shall not be built or repaired a sum not exceeding fifty dollars a day, as prescribed in the Act creating the Recorder's Court. Bridges. Sec. 56. Whenever the City of Macon shall transfer any execution for paving and improving the streets, lanes and alleys of said city, or for laying a sidewalk within the said city, as now provided by the charter, the Marshal of said city shall have full power to enforce the collection of such transferred execution for the use or benefit of such transferee by levy and sale of the respective lots, parcels of grounds, or property against which said executions are liens. Collection of transferred execution. Sec. 57. The City of Macon shall have full power and authority to tax and assess the cost of lowering service pipes, connections with sanitary sewers, water mains or gas mains, or of lowering conduits or other pipes, in the streets or alleys of the City of Macon against the real estate abutting on the street or alley and with which said service pipes connect, and against the owners of said real estate and to enforce the collection of the amount of such cost so taxed and assessed by execution to be issued by the City Treasurer against the said real estate and against the owner thereof and which execution may be levied by the Marshal of the City of Macon upon such real estate and after advertisement as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder and such sale shall vest title in the purchaser thereof. Assessments for piping.

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Sec. 58. When it becomes necessary in the opinion of the Council of the City of Macon to grade any street or alley within the corporate limit of the municipality thereupon the Council shall require notice to be served upon the property holders owning property abutting on said street, requiring service pipes hereinbefore described to be lowered by the respective owners of real estate abutting on each side of said alley or street to be graded. Such notice may be served in the manner provided by ordinance or resolution of the Council, and if the owner within ten days after receiving such notice fails, refuses, or omits to lower such service pipes, then and thereupon, the City of Macon may lower said service pipes either by its own force or by contract, and tax and assess the costs thereof against such owner, and issue executions therefor, as hereinbefore provided. Notice. Sec. 59. The lien given to the City of Macon for the assessment of the cost of lowering service pipes where streets, alleys, and sidewalks are to be graded and improved shall have rank and priority of payment next in point of dignity to the liens in favor of the City of Macon for taxes due said city. Lien. Sec. 60. No person or body corporate shall, at any time hereafter, open, lay out or extend any street, alley, lane or open square, contrary to the original plan of said city, without the consent of the Council at a regular meeting; and any application of this kind shall be published for one month before the action of Council is finally had thereon. Consent required to open streets, etc. Sec. 61. The Council shall have power to sell or lease any portion of the city reserve not leased or sold which they shall deem proper, and to appropriate the proceeds thereof to the use of said city. Disposition of city reserve. Sec. 62. The Council of the City of Macon shall have the power and authority to pass all rules and ordinances necessary for the protection and preservation of the

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present city bridges across the Ocmulgee River and Macon, as well as any other bridge across said river which may hereafter be built for ordinary travel, and any damage or injury done to said bridge or bridges shall subject the offender to indictment and punishment in the Superior Court of Bibb County as for malicious mischief. Preservation of bridges. Sec. 63. The City of Macon is hereby authorized to make, keep and maintain parks and public grounds located outside of the incorporated limits of said City, and to receive, hold and own the fee simple title to such real estate and personal property as may be necessary for such parks and public grounds, and to make and enforce all such rules and regulations as may in the discretion of the Council be necessary to preserve good order, peace, and dignity therein. Parks and grounds. Sec. 64. The City of Macon shall have the power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city; upon banking, insurance, and other capital employed therein; upon salaries and income derived from property within the city, and upon gross sale within the city; provided, that no tax upon real or personal estate shall exceed one and one-quarter per centum upon the value thereof, save and except 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 approved August 16, 1920, amending the charter of the City of Macon, and providing further, that when the sum sufficient for the construction, erection and equipping of said auditorium has been raised by the levy aforesaid, the 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

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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 taxes shall be kept separate from all other 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 to be deposited, located 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 Council 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 hereinbefore described. The power and authority to levy the tax for the retirement of the 1924 bonds shall cease when the amount received by said City shall be sufficient to retire the said bonded indebtedness. Taxes. Auditorium. Tax to retire bonded indebtedness. Sinking fund. Sec. 65. Said City of Macon shall have power to levy and collect a tax upon factors, brokers, and venders of lottery tickets; upon agents or managers of gift enterprises, and upon all persons exercising within the city any profession, trade, calling or business of any nature whatever. Tax on professions, etc. Sec. 66. The Council of the City of Macon shall have power to license, regulate and control all billiard parlors and ten pin alleys within the city and to remove the same when they become nuisances to the neighborhood. They shall also have the power to license auctioneers and

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vendue masters for the city, charging therefor such sums as they may deem proper, and to levy a tax on all sales of goods on commission, or at auction, within the limits of the city. They shall also have the power to license all vehicles within the city and to limit the rate of freight and passage on the same; also to license all hotels, boarding houses and restaurants, barber shops and billiard tables, as well as all other establishments not herein provided for, and not otherwise taxed. They shall have power to license the sale of fresh meat and other articles usually sold at the markets, or at other places than the markets of he city, and if they deem proper to grade said license according to the amount of sales; provided however, that in no case shall said license be less than the amount which would be received if said market was conducted at the market, or markets of the city. Licenses. Sec. 67. Said City of Macon shall have authority to levy and collect a license tax on all drummers and itinerant traders doing business in said city, upon all vendors and sellers of any article, goods or merchandise therein who have no permanent place of business therein, and upon all persons exercising any profession, trade or calling in said City when not prohibited from so doing by the Constitution and laws of Georgia; to compel the payment of same; to make all suitable laws and regulations necessary and proper to carry out the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Licenses on itinerants. Sec. 68. The City Manager shall appoint a Board of Tax Assessors in said City charged with the duty of receiving and equalizing tax returns on all property, real and personal, in said city, subject to taxation. Said Board shall consist of three members, to include the permanent tax assessor, and the said board shall be in session through the months of January, February, March and April of each year, and at such other times as they may be called in session by the permanent tax assessor for the

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purpose of assessing the valuation of property subject to taxation, and equalizing the tax returns made to said city. Said Board is hereby vested with full power and authority to so assess for taxation the value of all property, real and personal, in said City that all property in said City subject to taxation, shall stand upon the tax books at its fair market value according to the best of their skill and knowledge. From the action of said Board in fixing an assessment an appeal shall lie to the Council of the City of Macon whose decision thereon shall be final. Board of Tax Assessors. Sec. 69. It shall be the duty of every person, firm, or corporation owning real or personal property in said city subject to taxation to make returns thereof to said Board of Assessors on or before February 10th of each year. All such property shall be returned at its fair market value on a form prescribed by said Board, and sworn to by the owner, his agent or person making such return. Each of the members of said Board is hereby empowered to administer a legal oath to person or persons making such tax returns. Any person, firm, or corporation failing to make return of their property on or before February 10th of each year shall be subject to the penalty of having ten per cent of the market value of such property added thereto. Property in said City owned by said Assessors, or either of them shall be assessed by the Council of the City of Macon. Returns. Sec. 70. One of the persons named as aforesaid as an assessor shall give his entire time to the discharge of his duties during the time for which he is elected, and shall be known as the permanent tax assessor. It shall be his duty at all times to ascertain the fair market value of all property in said city subject to taxation that is not duly returned. Upon the discovery of any property in said city subject to taxation, that has not been returned or assessed, as hereinbefore provided, he shall immediately call said Board in session, and it shall be their duty to

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assess the value of such property and place the same on the tax books of said city. Permanent tax assessor. Sec. 71. The City of Macon is hereby vested with power to prescribe by ordinances, rules and regulations necessary to carry into effect the intent and purpose of this Act; to prescribe the punishment of any person who shall be convicted of wilfully and maliciously secreting and concealing property in said city to avoid paying taxes thereon; the number of days said Board shall be in session, and the compensation to be paid each of the members thereof. Enforcement. Sec. 72. The taxes levied annually by the City of Macon shall be due and payable in installments of one third of the total amount every four months as follows: Collection. The first installment of one third of the total tax for the year shall be due and payable on the 15th day of April. The second installment of one third of the total tax for the year shall be due and payable on the 15th of August. The other installment of one third of the total tax for the year shall be due and payable on December 15th. Should said installments not be paid within fifteen days from the date when they become due and payable, the city shall in addition to the principal and costs collect interest thereon at the rate of seven per cent per annum until paid. The City Treasurer shall proceed promptly after the first day of January, following the year in which the unpaid taxes become due, to issue executions for the purpose of collecting the unpaid taxes as in the charter provided. Installments, when due. Sec. 73. All taxes levied by the City of Macon shall be collected as follows: An execution shall be issued by the Treasurer of the city directed to the Marshal thereof against the real and personal property of the defaulter, and the Marshal shall proceed to levy the same, and after advertising the same for sale for four weeks in such daily newspaper of general circulation in the city as may be

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designated by formal resolutions adopted by the Council, shall sell the property levied on before the court house door of said county between the legal hours of sale on a regular sheriff's sale day. It shall be the duty of the Marshal to put up the property and offer the same for sale in parcels until he gets a bid sufficient to pay the taxes due and then shall knock the property off to the purchaser, make him a deed, and put him in possession, as in ordinary sheriff's sales. Such a sale shall be as effectual to pass the title as the deed of the person against whom said execution was issued, but the right of redemption shall exist as in sales for State and County taxes; provided that in all cases where property has been bought in by said city for taxes and the title thereof vested in said city it shall be lawful for the Chairman of Council, with the consent of Council, to authorize a reconveyance of said property to the former owners thereof upon the payment by such owners of all the taxes, premiums, penalties and costs due under the process by which same was sold. Execution. Levy and sale. Reconveyance. Sec. 74. The City of Macon is hereby authorized and empowered to sell, grant, bargain and convey encroachments only upon that side of the street in such blocks only in which encroachments have been previously sold, granted, and conveyed, and upon which permanent improvements have been erected; provided, that in order to maintain uniform building line, no encroachments hereunder shall extend beyond adjacent or previously granted encroachments on said streets in said blocks; and provided further that no encroachments whatever shall be sold, granted or conveyed, and the City of Macon shall take no action relating thereto until and unless applicants therefor shall have first caused to be published once a week for four consecutive weeks, in the newspaper selected for advertisements of property for sale, under fi. fas., of said city, a notice to the public that (1) the applicant intends to

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apply to the City of Macon, for an encroachments, which notice shall also contain (2) a complete description of the property owned by the applicant contiguous or adjacent to the proposed encroachment, and (3) a statement of the fair present market value of such property so owned without any improvements, and (4) the total number of square feet in such property so owned, and (5) a complete description of the proposed encroachment with the number of square feet therein, and (6) the amount which the applicant is willing to pay and offers for such proposed encroachment if granted; and provided further, that any encroachment granted without the foregoing notice having been complied with shall be void. Encroachments. Publication of notice. Sec. 75. The Council of the City of Macon may, in the interest of the public health, safety, order, convenience, comfort, prosperity or general welfare adopt by ordinance a plan, or plans, for the districting or zoning of the City of Macon for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of buildings or other structures or the area or dimensions of the lots or yards used in connection with buildings or other structures or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The said City of Macon may be divided into such number of zones or districts and such districts may be of such shape and area as the Council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use the buildings, the public, quasi public, or private nature of the use of the premises, or

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upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. Zoning plans. For the reasons above stated the Council of the City of Macon shall have further right and power in any district proposed to be set aside primarily for residence purposes to further classify the use thereof and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and residents thereof. Residence districts. No ordinance adopting zoning regulations as above authorized shall be passed by the Council of the City of Macon until after a comprehensive plan for the zoning of the City has been prepared and submitted to the Council by the City Manager. The City Manager shall have power to employ expert help in the preparation of said zoning plan. Whenever the City Manager shall certify to the Council a plan for the zoning of the city, the Council shall hold a public hearing thereon and shall give thirty days notice of the time and place thereof in the newspaper of said city wherein the legal advertisements are published; 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 Clerk of the City of Macon. Preparation of plan. The Council may from time to time amend the zoning ordinance, but no such change or amendment shall become effective unless the ordinance proposing it shall first be submitted to the City Manager and said Manager shall have been allowed a reasonable time, not less than thirty days, for consideration of said change and report thereon. Whenever the owners of fifty per cent of the land in any area shall present a petition duly signed to the Council requesting an amendment of the regulations prescribed for such area it shall be the duty of the Mayor and Council to vote such amendment within ninety days

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of the filing of the same by the petitioners with the City Clerk. Amendment. The zoning laws and rules and regulations shall be made by the Council and shall be enforced and administered by the City Manager of said City. The Council shall hear and decide appeals from and review any order, requirements, decision, or determination made by the City Manager in the enforcement of the zoning regulations. The Council shall authorize the City Manager to administer the details of the application of any zoning regulations and may delegate to him in accordance with general rules set forth in the zoning ordinance power to permit exceptions to and variations from the zoning regulations as specified therein through the building inspector. Enforcement. Every decision of Council or City Manager under this Section shall be subject to be reviewed by the writ of certiorari issued from the Superior Court upon the same terms and conditions as such writs are issued in any case. Certiorari. Sec. 76. The Act of the General Assembly approved August 18, 1923, amending the charter of the City of Macon authorizing the creation of joint Board of Health by the City of Macon and the County of Bibb is hereby expressly continued of force and made a part of this Act. Board of Health; Act of 1923 continued. Sec. 77. All sales of property under execution in favor of the said City of Macon shall be advertised and such sales shall be made and conducted in the same way and manner as Sheriff's sales under execution in the County of Bibb. Execution sales; advertisement. Sec. 78. This Act shall not abolish any of the ordinances of the present City of Macon now in force except where they may be in conflict with the provisions of this Act, but all such ordinances shall remain in force

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in the City of Macon in the same manner and to the same effect as the same were of force under the authority of the Mayor and aldermen of the City of Macon until they are changed, modified or repealed by the authority of the City of Macon. Present ordinances not affected. Sec. 79. All of the Acts of the General Assembly of Georgia creating, and amending the charter of the City of Macon, or of the Mayor and Council of the City of Macon, now of force and that are not in conflict with this Act shall be and remain of full force and effect, and shall be held and construed as a part of the charter of the City of Macon until modified, changed or repealed. Those in conflict are hereby repealed. Non-conflicting Acts not affected. Sec. 80. The City of Macon is authorized in its discretion to appropriate money annually to public libraries now established and running, or that may be hereafter established and run in the City of Macon. Library appropriations. Sec. 81. The City of Macon is authorized to appropriate money annually for the establishment and maintenance of a school or schools for [Illegible Text], and who do not fall within the provisions as to age of the Act governing the Board of Public Education and Orphanage for Bibb County. School for illiterates. Sec. 82. It shall be the duty of the Council of the City of Macon to carry out in good faith the decree rendered in Bibb Superior Court on February 10, 1894, wherein the Mayor and Council of the City of Macon were perpetually enjoined from using certain portion of Riverside Cemetery for burial purposes; which said portion, under the terms of said decree, was set apart as a permanent reserve. Portion of Riverside cemetery permanent reserve. Sec. 83. All public utility franchises and all renewals extension, and amendments thereof, shall be granted or made only by ordinance. No such proposed ordinance shall be adopted by Council until it has been printed in

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full and until a public written report containing recommendations thereon shall have been to the Council by the City Manager, until adequate public hearings shall have been held on such ordinance and until at least two weeks after its official publication in final form; and no public utility franchise shall be for a longer period than thirty years. No public utility franchise shall be transferable except with the approval of Council expressed by ordinance; and copies of all transfers and mortgages or other documents affecting the title or use of public utilities shall be filed with the City Clerk within ten days after the execution thereof. Franchises. Report and bearing. Transfers. Sec. 84. All grants, renewals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the City: (a) To repeal the same by ordinance at any time for misuse or nonuse, or failure to begin construction within the time prescribed, or otherwise to comply with the terms prescribed; (b) To require proper and adequate extensions of plant and service, and the maintenance of the plant and fixtures at the highest practicable standards of efficiency; (c) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates; (d) To prescribe the form of accounts and at any time to examine and audit the accounts and other records of any such utility; but if a public service commission or any other authority shall be given the power by law to prescribe the form of accounts for public utilities throughout the State the forms so prescribed shall be controlling so far as they go, but the Council may prescribe more detailed forms for the utilities within its jurisdiction; (e) To impose such other regulations as may be conducive to the safety, welfare, and accommodation of the public. Franchises subject to repeal and other municipal requirements. Sec. 85. Permits revocable at the will of the Council for such minor or temporary public utility privileges as may be specified by general ordinance may be granted

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and revoked by the Council from time to time, in accordance with terms and conditions to be prescribed thereby; and such permits shall not be deemed to be franchises as the term is used in this charter. Such general ordinance, however, shall be subject to the same procedure as an ordinance granting a franchise and shall not be passed as an emergency measure. Permits for temporary privileges. Sec. 86. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all obligations and reserved rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extensions shall terminate with the original grant. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable under the same conditions as the original grant. Extension of utilities. Sec. 87. Within six months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinances, certified copies of all the franchises owned or claimed, or under which any such utility is operated. The City shall compile and maintain a public record of all public utility franchises and of all public fixtures in the streets and other public places of the city. Record of franchises. Sec. 88. Accounts shall be kept for each public utility owned or operated by the city, distinct from other city accounts, and in such manner as will show the true and complete financial result of such ownership, or ownership and operation, by the city, including all assets, liabilities, revenues and expenses. These accounts shall snow the actual cost to the city of each public utility owned; the cost of all extensions, additions, and improvements; all expenses of maintenance; and amount set aside for sinking fund purposes; and, in the case of city operation

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all operating expenses of every description. They shall show as nearly as possible the value of any service furnished to or rendered by any such public utility by or to any other city or governmental department. They shall also show a proper allowance for depreciation, insurance, interest on the investment, and estimates of the amount of taxes that would be chargeable against the property if privately owned. The Council shall annually cause to be made and printed for public distribution a report showing the financial results of such city ownership, or ownership and operation, which reports shall give the information specified in this Section and such information as the Council shall deem expedient. Accounts. Publication of report annually. Sec. 89. All accounts and records of every office and department of the city shall be open to the public at all reasonable times except records and documents from which might be secured information which might defeat the lawful purpose of the officer of or department withholding them from access to the public. Accounts and records open. Sec. 90. Every officer of the city shall, before entering upon the duties of office, take and subscribe to an oath or affimation, to be filed and kept in the office of the City Clerk, that he will in all respects faithfully discharge the duties of his office. Officers' oaths. Sec. 91. The City Manager, and such other officers and employees as the Council may require so to do, shall give bond in such amount and with such surety as may be approved by the Council. Premiums on such bonds may be paid by the city. Bonds. Sec. 92. The Council shall have authority to prescribe adequate penalties for offenses against the ordinances of the city, including punishment of offenders by fines and imprisonment in the calaboose for each offense. The payment of fines may be enforced by compelling offenders to work the streets of public works of the city, and offenders sentences to imprisonment in the calaboose may

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be compelled to labor on the streets or public works under regulations established by ordinance. Any person convicted of an offense against the ordinance of the City of Macon and found to be afflicted with infectious or contagious disease, may, in addition to the penalty for such offense be isolated and kept in custody until danger to the public from such infection or contagion is removed. Penalties for violation of ordinances. Sec. 93. Claims for money damages against the city on account of injury to person or property shall be presented and the city shall be bound therefor only as provided in Section 910 of the Code of Georgia, 1910. Claims. Sec. 94. The power of the city to condemn property for public use conferred by this charter shall be exercised in the manner provided by law for the condemnation of land for public use. Condemnations. Sec. 95. All persons holding administrative office at the time this charter takes effect, whether elected or appointed, shall continue in office and in the performance of their duties until provision shall have been made, in accordance with the provisions of this charter, for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed by law upon any office, commission, board or department of the city abolished by this charter shall, upon the taking effect thereof, be exercised and discharged by the office or department designated by the Council unless otherwise provided herein. Present incumbents continued in office. Sec. 96. All contracts entered into by the City or for its benefit prior to the taking effect of this charter shall continue in full force and effect. All public work begun prior to the taking effect of this charter shall be continued and perfected hereunder. Public improvements for which legislative steps have been taken under laws in force at the time this charter takes effect may be carried to completion in accordance with the provisions of this

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charter, and such laws if not inconsistent with its provisions, shall continue in force until amended or repealed. Contracts, etc., to continue. Sec. 97. The Hospital Commission as heretofore constituted is hereby expressly abolished. And the management and control of the Macon Hospital, and such like institutions of the City of Macon may now or hereafter own, is hereby committed to the Council to be exercised through the Superintendent of Hospitals and in accordance with such rules and regulations as may be lawfully established by the Council by ordinance. Hospital Commission abolished. Sec. 98. Any prior Acts dealing with the management and operation of the Stadium and Auditorium are hereby expressly repealed. Said buildings shall be run and managed, and operated and controlled by the City Manager under the direction of the Council as other institutions of the city are operated and controlled. Prior Acts affecting auditorium repealed. Sec. 99. The police and fire departments shall be under civil service regulations as herein set out. Police and fire departments; Civil Service Board. For the purpose of effectuating civil service in these departments, the Council shall appoint a Civil Service Board consisting of three members no one of whom shall hold any other State, County or City office, and whose compensation shall be fixed by Council. The terms of members first appointed shall be so arranged that one shall expire every second year, and appointments thereafter made upon the expiration of any term shall be for 6 years. Council shall fill any vacancy for the unexpired term. A member of the Board may be removed by Council for neglect of duty, incapacity or malfeasance in office after a public hearing and notice thereof to such member. Sec. 100. Said Board shall prepare and promulgate such civil service rules and regulations as they may deem necessary. For the purpose of determining the fitness of applicants for positions in the police and fire departments

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they shall conduct practical examinations annually, or oftener, under rules fixed by them, fixing grades and classifications as they may determine, and a list of those successfully passing such examinations shall be known as eligible lists, and except for good cause shown, selections for the police and fire departments must be made among the three applicants rated highest on said eligible lists. Said lists, and all examination papers, shall be kept on file in the office of the City Clerk and available to public inspection. All appointees in the departments under civil service may from time to time, in the interest of efficiency be subjected to examination by the Board. Rules and regulations. Examinations. Sec. 101. No member of the police or fire departments shall be discharged or reduced in rank or compensation until he has been presented with reasons for such discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard in his own defense. The reasons for such discharge or reduction, and any reply in writing thereto shall be filed with the Board. Any such discharge or reduction may be appealed to the Board, which shall define the manner, time and place of hearing such appeal. Removal of policemen and firemen. Appeal. Sec. 102. No member of the police or fire departments shall be, or become a member of any organization within either of said departments which holds, claims, or exercises the right to demand of any of its membership obedience to an order to strike for any cause, nor of any organization within either of said departments, affiliated, directly or indirectly, with another organization which so holds, claims, or exercises the right to demand of any of its membership obedience to an order to strike for any cause. No employee to belong to organization demanding strikes. Sec. 103. No employe shall be given or refused employment, or suspended, reduced, or dismissed because of his vote in any primary or election. No employe shall, beyond voting, take any active part in any primary or election

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And employes are prohibited from contributing any money to any candidate, soliciting votes, or identifying themselves in a political race with or against any candidate for office. Employee not to take part in election beyond voting Sec. 104. Whenever any member of the police or fire departments of the City of Macon shall have served in such department for twenty-five years, he shall be permitted to retire from active service, on his own motion, upon one-half pay of the rank or position he may be holding at the time of said retirement, under the following terms and conditions: Retirement. (a) Any such employee wishing to retire, shall obtain from one of the official physicians of the City of Macon, a certificate to the effect that such employee is no longer fit competently and fully to perform the active duties of his or her position or job. Upon presentation of such certificate to the Civil Service Board, such Board shall pass upon said matter, and if they find the case meritorious, shall retire such employee upon one-half of the pay he is receiving at the time of such retirement, such one-half to be paid under the same rules and regulations as active members of said department may be, at the time, paid. Certificate. (b) Such employee shall then be known as a retired member of his department, and shall be relieved of all active duties of his department, position, or job and allowed to engage in any other occupation or business he may desire. Relieved of duties. (c) The retired pay granted under this Act shall continue to be paid to said retired employee for and during the term of his natural life. Retired pay. (d) The Civil Service Board shall have the right, upon a majority vote of the Civil Service Board, to retire on half-pay, any member of the police or fire department who may have served in his department for twenty-five

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years, whether such employee desires to be so retired or not. Upon any such retirement, half-pay shall be paid as required in subsections (a) hereof, and the provisions contained in subsections (b) and (c) hereof shall apply to any member of either department so retired. Retirement without application. Sec. 105. Before this Act shall become law it shall be submitted for approval to the legally qualified electors of the City of Macon, as hereinafter provided: Referendum. The Mayor and Council of the City of Macon shall call an election to be held on the 19th day of April, 1927, at which said election the ballots used shall submit the following propositions in the order indicated: Election to be held April 19, 1927. For the approval of a new charter for the City of Macon providing for a City-Manager form of government. Against the approval of a new charter for the City of Macon providing for a City-Manager form of government. The elector by striking out either of these propositions may indicate his vote for the one not so stricken out. The ballot used in said election shall be substantially as follows: CITY OF MACON For the approval of a new charter for the City of Macon providing for a City-Manager form of government. Ballots. Against the approval of a new charter for the City of Macon providing for a City-Manager form of government. Sec. 106. If a majority of the votes cast in said election shall be in favor of the approval of a new charter for the City of Macon providing for a City-Manager form of government, then, in that event, this Act shall be and become of full force and effect, and this Act shall constitute the Charter of the City of Macon. Result.

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Sec. 107. If a majority of the votes cast in said election shall be against the approval of a new charter for the City of Macon providing for a City-Manager form of government, then, in that event, the provisions of this Act shall be of no force and effect, and shall not become a law. Sec. 108. If a majority of the votes cast in said election are in favor of the adoption of this Act, then, in that event, the present Mayor and the Councilmen of the City of Macon shall continue in office until the first day of January, 1928. Present Mayor and council continued in office until Jan. 1, 1928. Sec. 109. The electors of the City of Macon qualified to vote for or against the approval of a new charter for the City of Macon providing for a City-Manager form of government, at the election to be held on the 10th day of April, 1927, as herein provided, shall be those electors who have legally registered, under the laws governing elections in the City of Macon, from the first day of January, 1927, to the first day of April, 1927, and the registration of electors for said election shall close at 6 o'clock p. m. on the first day of April, 1927; and the Treasurer of the City of Macon at this said time shall close the registration book for this said special election, and shall proceed to make up and file with the Clerk of the City of Macon a list of such registered voters to be designated Registered voters for special election to be held on the 19th day of April, 1927, in alphabetical order of names, in each ward, distinguishing in said list between white and colored voters. Qualifications of voters. Sec. 110. It shall be the duty of the City Clerk to cause to be printed and posted in front of the City Hall of the City of Macon, by 2 o'clock p. m., on the day preceding said special election, the corrected list of the registered voters for said election, and also to furnish to each of the election managers a certified copy of such printed list on or before the opening of the polls at said special election. List of voters.

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Sec. 111. Ten days before April 19, 1927, the Mayor of the City of Macon shall name election managers to hold this special election on April 19, 1927, under the provisions now governing elections in the City of Macon. All other laws, as now provided in the charter of the present City of Macon, for the holding of elections in said city, and not in conflict with this Act, shall govern and control said special election to be held on April 19, 1927. Managers. Sec. 112. After the consolidation of the votes, had at said special election is made by the managers, the managers shall report the result to the Mayor of the City of Macon, and he shall declare the result of said election. Returns. Sec. 113. Other than as herein provided, the special election to be held on April 19, 1927, shall be held and conducted under the laws now governing general city elections in the City of Macon. Special election, how held. Sec. 114. Be it further enacted that all laws, or parts of laws, in conflict with this law, be and the same are hereby repealed. Approved August 19, 1925. MACON; CONVEYANCE OF CERTAIN PROPERTY. No. 293. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the City of Macon, a municipal corporation be and is hereby authorized and empowered to close streets and to grant, bargain, sell, and convey to such persons

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or corporations and upon such terms as said municipal corporation may deem best the following described property, to-wit: Authority to convey. Commencing at a point in the intersection of Seventh and Walnut streets in the City of Macon, where a line drawn east of and parallel to the center line of said street intersects the west line of the old East Tennessee, Virginia, and Georgia Railroad (now Southern Railway) right of way; running thence in a southerly direction and along a line east of and ten (10) feet distant from the center line of the said street four hundred and fiftythree and five-tenths (453.5) feet to a point in the intersection of Mulberry and Seventh streets; thence ninety degrees (90 degrees) to the left and in an easterly direction along the line parallel to the center of Mulberry street one hundred and seven and five-tenths (107.5) feet to the west line of the right of way of the Southern Railway; thence one hundred and one degrees (101 degrees) to the left and following the west line of said Southern Railway right of way to the beginning point. Said above described tract of land being triangular in shape, and being an encroachment into Seventh, Mulberry, and Walnut Streets, respectively, in the City of Macon as originally laid out, and is the same tract of land which was intended to be conveyed by the City of Macon by deed dated February 2, 1900 and recorded in the Clerk's office of Bibb Superior Court in book 101, folio 175 and which sale and conveyance was ratified and confirmed as valid by Act of the General Assembly of the State of Georgia approved August 4, 1916, and which said tract of land is incorrectly described both in the deed from the City of Macon and in the Act of the General Assembly ratifying and confirming the same. Property described. Sec. 2. Be it further enacted by the authority aforesaid, that such deed and conveyance as the City of Macon shall execute and deliver conveying the parcel of land above described is hereby sanctioned and confirmed as

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a valid and legal conveyance so as to fully and effectually vest in the grantee in such deed the title to all such portions of streets, lanes and alleys as are covered by and included in said conveyance. Deed confirmed. 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, 1925. MACON; SALARY AND DUTIES OF MAYOR. No. 392. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act approved on the 17th day of August, 1914, appearing on pages 981 to 1044, both inclusive, of the published Acts of Georgia, 1914, creating a new charter for the City of Macon, be and the same is hereby amended as follows: Act of 1914 amended. Sec. 2. By striking the words three thousand dollars ($3,000.00) appearing on the first and second lines of section twenty-nine of said Act and inserting in lieu thereof Five thousand ($5,000.00) Dollars so that said section twenty-nine when so amended shall read as follows: The mayor shall receive a salary of Five Thousand ($5,000.00) Dollars per annum and shall be ex-officio a member of the Board of Health. He shall hold his office during the term of two years and until his successor shall be chosen and qualified, but he shall not be

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eligible to a re-election after the expiration of a second term for a period of four years. He shall be the chief executive officer of the city and shall have a general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money and shall be clothed with the veto power, as hereinafter 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 limits of 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 may call the council together at any time when deemed necessary by him. He shall have an office at the city hall and devote as much time as may be necessary to the business of the city each day, and shall not be absent from the State for a longer time than six days together without permission of the council. Sec. 29 read. Salary $5,000 per annum. 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 25, 1925. MADISON; REGISTRATION OF VOTERS. No. 189. An Act to amend an Act approved August 10, 1921, which said Act amended an Act approved October 6, 1891, providing a new charter for the City of Madison, Georgia, by repealing all of section one of said amending Act of August 10, 1921, providing for the registration and qualification of voters, and inserting a new section in lieu thereof, providing for the qualification of voters, the permanent registration of voters, the revision of the registration lists, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, section 10 of an Act creating a new charter for the City of Madison, Georgia, approved October 6, 1891, Georgia Laws 1890-1891, page 830, as amended by Section one of an Act, approved August 10, 1921, Georgia Laws, 1921, page 1003, shall be stricken and there shall be substituted in lieu thereof, the following: Act of 1891 amended. Be it further enacted that immediately upon this Act going into effect, the Clerk of the Mayor and City Council of Madison, Georgia, shall open and keep a book or books for the registration of voters as a permanent record in his office, open at all times when his office is open for the payment of taxes or other business, except as hereinafter provided. He shall keep in said book or books, arranged in alphabetical order, separate lists of white and coloured voters, who are entitled to vote in said city, giving the age, place of residence, occupation and date, of registration of each voter. While persons, otherwise qualified to vote, may register at any time, when the Clerk is in his office, during office hours, yet the registration lists shall be closed as to all elections, whether general, primary or special, ten days prior thereto, and only such persons as shall have registered on said lists before the closing of same, as herein provided, and shall have paid all taxes due the city, county and State, and shall have registered on the registration lists of Morgan County, before the closing of said registration lists, and shall otherwise possess the qualifications of a voter in an election of members of the General Assembly of Georgia, and shall have resided six months within the limits of said city immediately preceding the date of the closing of the city registration lists, shall be qualified to vote in any election, whether general, primary or special, held in and for said city. Said registration shall be permanent,

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and all names registered as herein prescribed, shall remain upon said lists, and such persons shall be qualified to vote in any election of said city, so long as said voter shall not become disqualified or his or her name stricken from the registration lists as hereinafter provided. It shall be the duty of the Clerk of said city to check the voters lists, from time to time, and upon finding the names of any voters who have died, or have become disqualified by failure to pay taxes, by removal from the city, by being stricken from the voters lists by the county registrars on account of the failure to comply with the State laws or Constitution, or other legal cause, he shall furnish the Mayor and City Council with a list of such names, and it shall be their duty to revise such registration lists and determine whether the names of such voters should be stricken from said lists, after the Clerk has given five days notice to said voter, if a resident of the city, said notice to be served personally by the Marshal or policeman or by the Clerk, or by mailing the same to the last known address of the voter. At the time fixed by the notice the voter shall have the right to be heard by the Mayor and City Council before final action, if desired. New Sec. 10. Registration, time and manner 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 8, 1925. MADISON SCHOOL TAX ELECTION. No. 248. An Act to amend the Act approved December 11, 1894, authorizing a system of public schools for Madison, Georgia, by authorizing additional appropriations for the support of said schools and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That the Act approved December 11, 1894, authorizing a system of public schools to be established and maintained in the City of Madison, Georgia, be and the same is hereby amended by adding thereto a new section as follows: Act of 1894 amended. Section XVIII. Whenever it appears from the estimates submitted in accordance with the provisions of law that the special school tax of three mills ad valorem will not be sufficient to maintain adequately said schools, the Mayor and City Council of Madison may appropriate for school purposes from the general funds of the city an additional amount which shall not exceed three mills upon the current tax digest of the city. New Sec. 18. Tax rate. Sec. 2. Be it further enacted, that this Act shall not take effect until it shall have been ratified by a vote of two-thirds of the qualified voters of said city, at an election (of which election notice shall be given by publication in a newspaper once a week for four weeks) which shall be called by the Mayor and City Council of Madison at such time they may designate, after the passage hereof. The said election shall be held as other elections in said city, and the Mayor and City Council are authorized to prescribe the form of the ballots provide for the registration of voters for said election, and to declare the result. Referendum. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1925.

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MANCHESTER TERRITORIAL LIMITS EXTENDED. No. 105. An Act to amend the Act approved August the 16th, 1909, incorporating the City of Manchester, Georgia, and the Acts amendatory thereof, by extending the corporate limits of said city by adding additional territory thereto, so as to take into said limits additional territory on the North, East, and South of the present limits of said city and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the following territory shall be incorporated into the limits of the City of Manchester, Georgia, to-wit: Territory nicluded. Commencing at a point on the west original land line of lot of land No. 245 a distance of 11.25 chains north of the southwest corner of said lot and at the present limits of said city and running due north along said original land line a distance of 21.90 chains; thence due East a distance of 22.80 chains thence due south a distance of 21.90 chains to the present northern limits of said city; thence due west along said present limits a distance of 22.80 chains to starting point. Also the following territory: Commencing on the original east land line of lot of land 268 at a point on said original land line which is the present northern limits of said city, a distance of 11.25 chains north of the southeast corner of said lot, and running due north along said original land line a distance of 10.30 chains; thence, N. 33.5 degrees W., a distance of 7.50 chains, thence S. 82 deg. W., a distance of 4.68 chains; thence N. 78.75 deg. W. a distance of 42.93 chains; to a public road; thence S. 14.5 deg. E. along said road to where it intersects the

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Woodberry-Manchester Public road; and thence along said public road in a southwesterly direction to the present limits of said city. Also the following territory: Commencing at the north west corner of lot of land No. 14 and runninng due south along original land line and along the present limits of said city and running a distance of 10 chains thence due East a distance of 23.05 chains thence due north a distance of 10 chains to present limits: thence due west a distance of 23.05 chains to starting point;. Also the following territory: Commencing at the present limits of said city on the east side of said city, at a point on the north original land line of lot of land No. 14, where a branch crosses said original land line, and running due East along said land line a distance of 15.15 chains; thence due north a distance of 26.40 chains to a branch; thence up and along said branch to a ditch; thence in a northwesterly direction along said ditch to a creek and the present limits of said city. Sec. 2. Be it further enacted by the authority aforesaid that all laws and ordinances of force in the present limits of said city shall be of the same force and effect in the territory herein set out. 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. New territory subject to laws, etc. Approved August 3, 1925.

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MARIETTA; REGISTRATION; BUSINESS LICENSES. No. 289. An Act to amend an Act creating a new charter for the City of Marietta, in the County of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, passed by the General Assembly of 1904, and approved August 15th, 1904, by providing a permanent registration of the voters of said City in municipal elections; to provide a maximum business license of $100.00 and a minimum business license of $25.00 and providing further that the sum of $5,000.00 of the first money received from the sale of licenses be paid over to the school funds of the City for use of the Board of Education, provided there is a City Board of Education, for educational purposes and providing further that any money derived from this source, in addition thereto, to go into the general fund of the 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 that the Act of the General Assembly of 1904, creating a new charter for the City of Marietta, in the County of Cobb, be and the same is hereby amended by striking from said Act Section 4 and by adding thereto the following section in lieu thereof, to be designated as Section 4 of this amendment. Act of 1904 amended. Section 4. That the Clerk of the Council shall receive all registrations of voters of said City and shall keep the books of registration open at all times during the business hours at the city offices to receive the registration of all qualified voters of said City except during the fifteen day period next preceding the date of any election. Any voter registering under this Act shall be a qualified voter as long as he or she remains a citizen of the City of Marietta, and pays all taxes required of him

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or her by the said City of Marietta or the State of Georgia, and is otherwise legally qualified to register in any general election in the State of Georgia. These books shall be open at all times to the inspection of any or all of the citizens of said city. The clerk shall procure books or books containing the oaths to be subscribed by persons entitled to register in said City, which shall be the same as prescribed in Section 36 of the Civil Code of Georgia except that instead of the last sentence the following shall be substituted: I do further swear or affirm, that I have resided in the City of Marietta for six months immediately preceding the date of this oath; and my age is....., my occupation is....., my place of residence is.....; I have been a resident of the County of Cobb since..... day of..... 19, and of the State of Georgia since..... day of..... 19 said blank shall be properly filled and the oath signed by the voter; the same shall be dated and the Clerk is authorized and empowered to administer oaths to the persons so registering. New Sec. 4. Time of registration. Voter's oath. Sec. 2. Be it further enacted by the authority aforeasid that from and after the passage of this Act that the Act of the General Assembly of Georgia approved August 15th, 1904, creating a new charter for the City of Marietta, be and the same is hereby amended by striking from Section 26 lines 35 and 36 as printed in the Acts of 1904 beginning with the words twenty-five dollars and ending with the word clause, and inserting in lieu thereof the following: Licenses. One hundred ($100.00) dollars to be the maximum amount to be levied and twenty-five ($25.00) dollars to be minimum amount to be levied against any business under this clause, so that said section when amended with the line 35 and part of line 36 striken as above shall read as follows: One Hundred ($100.00) dollars to be the maximum amount to be levied and twenty-five dollars

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the minimum amount to be levied against any business under this clause. Said Section 26 is further amended by adding at the end of said Section 26 the following paragraph Five Thousand ($5,000.00) dollars of the first money received from the sale of licenses shall be paid into the school funds of the City for use of the Board of Education of said City, provided there is a Board of Education in said City, for educational purposes in said City and any money derived from this source in addition thereto to go into the general fund of the City. School funds. Sec. 3. Be it further enacted by the authority aforesaid that the provisions of this Act shall become effective January 1st, 1926. 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 18, 1925. MARIETTA LIGHTS AND WATERWORKS; ELECTION TO REFUND TO E. P. DOBBS. No. 310. An Act to allow and require the Board of Lights and Water-Works of the City of Marietta to refund and pay to E. P. Dobbs the sum of three thousand ($3,000.00) Dollars with interest thereon, the same being money furnished and advanced to said Board of Lights and Waterworks, and used by it in improving and increasing the business conducted by said Board of Lights and Waterworks removing injurious competition, and expanding and perfecting the plant operated by it for the use and benefit of the citizens of Marietta; to submit the ratification of said Act to the qualified voters of the City of Marietta, 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 whereas E. P. Dobbs advanced to the Board of Lights and Waterworks of the City of Marietta on the 30th day of December 1915, the sum of three thousand ($3,000.00) dollars, which has not been repaid, and whereas said fund was used by said Board in improving and increasing the business conducted by said Board of Lights and Waterworks in removing injurious competition, and in securing certain property and assets, resulting to the benefit and advantage of the citizens of the City of Marietta, the Board of Lights and Waterworks of the City of Marietta be allowed and required to refund and pay to said E. P. Dobbs the sum of three thousand ($3,000.00) dollars with interest thereon from the 30th day of December, 1915, at the rate of seven (7 per cent) per cent per annum. Refund of $3,000 advanced on December 30, 1915. Sec. 2. Be it further enacted by the authority aforesaid; that this Act shall not become effective until after the same shall have been ratified by a majority of the qualified voters of the City of Marietta voting in an election for that purpose as herein provided for. Referendum. Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor of the City of Marietta shall submit this Act to the qualified voters of the City of Marietta at the next general election that shall be held in said City of Marietta after the passage of this Act, for the purpose of electing a Mayor and Councilmen for the City of Marietta that any person qualified to vote in said election for Mayor and Councilmen shall be qualified to vote for ratification or rejection of this Act, that the same rules, laws or regulations under which elections for municipal officers shall be held shall govern and control the election for approval or rejection of this Act, that said election shall be called by the Mayor thirty days before the day of the next general election, and shall be deemed by this Act to have been so called. The qualified voters of the

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City of Marietta who favor the ratification of this Act shall have written or printed on their ballots the following words: For refunding to E. P. Dobbs three thousand ($3,000.00) dollars advanced to Board of Lights and Water Works. Those who oppose ratification of this Act shall have written or printed on their ballots the following words: Against refunding to E. P. Dobbs three thousand ($3,000.00) dollars advanced to Board of Lights and Water Works. Should a majority of the qualified voters of the City of Marietta voting at said election on said question vote For refunding to E. P. Dobbs three thousand ($3,000.00) dollars advanced to Board of Lights and Water Works then and in that event this Act shall become of full force and effect, otherwise not. The vote on this Act herein provided for shall be counted and consolidated as in the cases of other elections in said City, and the result declared as in the result of other elections in said City. Election. Ballots. Returns. Sec. 4. Be it further enacted by the authority of the same that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1925. MARTIN TERRITORIAL LIMITS EXTENDED. No. 262. An Act to amend the charter of the Town of Martin so as to extend the corporate limits of said town and to fix the tax rate for educational purposes, in said town, and for other purposes. The General Assembly of Georgia enacts the following: Section 1. The charter of the Town of Martin, Acts 1890-91, volume 2, page 734, and the several Acts amendatory thereof, is amended so as to extend the corporate limits to include the following: Beginning at the corner

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of B. L. Price and Marion Lee line and running in an easterly direction to Marion Lee corner; thence, along the line of Marion Lee to James E. Thomas corner; thence east to corner of branch; thence northeast to corner of land of Mrs. E. W. Thomas; thence north to a corner of W. A. Thomas land; thence along W. A. Thomas line to the present corporate limits, containing thirty-seven and three-fourths (37 3-4) acres, said land being situated both in Stephens and Franklin counties, and being the property of James S. Thomas. Acts amended. Territory included. Sec. 2. The municipal authorities of the Town of Martin are hereby authorized to levy and collect a tax on all property in said town not to exceed ten (10) mills of the assessed value of said property in addition to that raised for ordinary current expenses. Said amount of school tax, when collected, shall be kept separate from all other funds and paid over to said Board of Education of said Town to be used for school purposes and for no other. School tax. Sec. 3. All laws in conflict with this Act are hereby repealed. Approved August 18, 1925. McRAE STREET IMPROVEMENTS. No. 24. An Act to amend an Act approved August 1, 1918, entitled an Act to amend by substitution an Act creating a new charter for the City of McRae and to consolidate the Acts relating to the Acts and powers of said corporation, to enact amendments thereto and for other purposes, so as to empower the City of McRae 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, highways, or any portion thereof within the

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corporate limits of the City of McRae, and to assess the costs 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 of McRae or otherwise used in making provision for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bond and to impose punishment as for a misdemeanor on anyone using such funds for any other purpose; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act approved August 1, 1918, entitled an Act to amend by substitution an Act creating a new charter for the city of McRae and to consolidate the Acts relating to the Acts and powers of said corporation to enact amendments thereto, and for other purposes be, and the same is hereby amended by adding thereto the following provisions: Act of 1918 amended. 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 McRae, 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 have been let and the cost of such improvements has been ascertained, which cost shall include all expenses incurred by the city incident to such improvements, the Mayor and Council of said City of McRae shall, by written resolution apportion the cost and expense of the same pro rata per front foot to the several

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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 owners thereof in accordance with such apportionment and as hereinafter provided which assessment shall be paid in ten (10) equal annual installments and shall bear interest at the rate of not exceeding six per cent per annum until paid, said interest payable annually. Resolution to pave, etc. Apportionment of expense. 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, never-the-less, 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 due, when. Payment in 30 days without interest. Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the 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, parcel 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, the said Mayor and Council shall by written Resolution,

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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 assessment, and of such denominations as the said Mayor and Council may determine which bonds shall in no event become a debt or liability of the City of McRae by reason of its issuing the same for the purpose herein specified. One-tenth in amount of any such 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 installment of the assessment, as hereinbefore provided, shall be payable on that date; and one tenth in amount of such issue of bonds, together with the annual interest on the whole amount thereof remaining unpaid, shall be payable on the first day of January in each succeeding year until all installments shall have been paid. Such bonds shall bear interest at a rate not exceeding six per cent per annum from their date until maturity payable annually, and shall be designated Street Improvement Bonds, and 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 benefitted by such improvements under the authority of this Act. Said Bonds shall be signed by the Mayor and attested by the Clerk and Treasurer of the City of McRae 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, and may be designated by the Mayor and Council of the City of McRae. 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

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of any amount due him on his contract and any portion of the bonds not so negotiated and turned over to the contractor may be sold or otherwise disposed of by the said Mayor and Council at not less than par value and the proceeds applied to any expenses incident to and incurred by the City in providing for such improvements. Said bonds shall be registered by the said Clerk and Treasurer in a book to be provided for that purpose and a certificate of registration by the Clerk and Treasurer of the City of McRae shall be by him endorsed upon each of said bonds. Bond issue. Recitals in bond. Not to be sold below par. Registration.g Sec. 6. 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 person owning the said lot, parcel or tracts of land on the first day of December of each year, together with the interest thereon, to the Clerk and Treasurer of the City of McRae, 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 Clerk and Treasurer of the City of McRae 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 for and applied to the payment of such Bonds and the interest thereon, and for no other purpose. Any misapplication or misapprpropriation of such funds 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 and Treasurer upon default in 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 and against the owner of the property,

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for the full amount thus becoming due and unpaid and to forthwith turn over such execution to the City Marshal of said City of McRae, 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 sale 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 thereon; provided however, 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, stating 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 shall be returned by the said Marshal to a Justice Court or to the Superior Court if the amount of the execution is one hundred dollars or less, and to the Superior Court only if the amount contested is over one hundred dollars, and there to be tried and the issue determined as in cases of illegality subject to all fines and penalty provided by law in such cases for delay. Collection of assessments. 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 costs of all materials used in making such improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements and shall be 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

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the City of McRae and one-third thereof to be assessed against the abutting property and the owners thereof on each side of the street or the public thoroughfare to be paved, macadamized or otherwise impoved according to the frontage of said property thereon. Said proportion of such cost to be born 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 provided by law. Sidewalks, etc; whole cost assessed. City to pay third of cost in street improvement. Sec. 8. Where the right of way of any railroad company crosses any public thoroughfare within the corporate limits of the City of McRae, any railroad company is, for all the purposes of this Act to be deemed to be the owner of the property on each side of such thoroughfare to the extent of the entire width of the said right of way irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks and where the right of way of any railway company abutts any public thoroughfare within the corporate limits of the City of McRae, or when such right-of-way extends over or into or overlaps any public thoroughfare within the corporate limits of the City of McRae, such Railway Company, for all the purposes of this Act, is deemed to be the owner of the property on the side of such thoroughfare on which said right of way abutts such thoroughfare or extends over or into or overlaps the same, to the extent of the entire distance along such thoroughfare that such right-of-way abutts, extends over or into or overlaps th same irrespective of the use to which the said right-of-way may be put or the portion thereof actually occupied by the track or tracks of such Railway Company. Any and all property owned by the County of Telfair, lying within the corporate limits of the City of McRae and abutting upon any public thoroughfare 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

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individual, without regard to the use made by the county of such property. Railway property. Sec. 9. Be it further enacted by the authority aforesaid, that the said Mayor and Council of the City of McRae 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 5 of this Act, semi-annually on the first day of January and the first day of July, instead of annually; in levying the assessment against property owners for such public improvements as are authorized by this Act the said Mayor and Council may likewise require the installments of interest of such assessments to be paid semi-annually on the first day of December and the first day of June of each year instead of annually as provided in Section 2 of this Act. Payment of interest on bonds. Sec. 10. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 21, 1925. METTER; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 233. An Act to amend an Act approved August 16, 1920, creating a new charter for the City of Metter and all acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell, and to sell, said city's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility; to grant local public utility franchises and use of streets and public places therefor; 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, an act creating a new charter for the City of Metter, approved August 16, 1920, and all acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1920 amended. The Mayor and Council of Metter are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever both real and personal, connected therewith and used as a part thereof, belonging to the said City, and to cease operation of such utility, and to convey good and clear title thereto by deed of the City executed by its Mayor. Authority to sell plant; franchises. Sec. 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this act be and the same are hereby repealed. Approved August 14, 1925. MIDWAY, TOWN OF, INCORPORATED. No. 110. An Act to incorporate the Town of Midway, in Liberty County, Georgia, to designate its territory, prescribe its Government, regulate the powers, duties and terms of its officers, and manner of their selection, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Town of Midway, in the County of Liberty and State of Georgia, be, and the

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same is, hereby incorporated; and that the corporate limits of said Town of Midway shall be as follows, towit: Commencing at a point on the Atlantic Coastal Highway one-half mile North of the center of the gate to the Midway Cemetery and extending from thence West one-half mile to a corner, thence South one mile to a corner, thence East one mile to a corner, thence North one mile to a corner, and from thence, West, one-half mile to the point of beginning, the said Cemetery gate being at the center of the said Town of Midway. Corporate name and limits. Sec. 2. Be it further enacted by authority of the same, That the said Town of Midway shall be governed and managed by a Board of Commissioners which shall be composed of three persons, who shall be freeholders and registered voters of the State of Georgia, and who shall be elected in the manner hereinafter described. Board of three commissioners. Sec. 3. Be it further enacted by authority of the same, That one of said Commissioners of the Town of Midway shall be the member of the Board of Commissioners of Roads and Revenues of Liberity County who is or shall hereafter be elected to said Board of County Commissioners from the section of Liberty County in which the Town of Midway is situated, and his election and qualification to said office shall be equivalent to his election to the office of the Commissioner of the Town of Midway, and he shall hold office as Commissioner of the Town of Midway during his term as Commissioner of Roads and Revenues for the County of Liberty. One member from Liberty Board of Commissioners. Sec. 4. Be it further enacted by authority of the same. That one of said Commissioners for the Town of Midway shall be appointed by the Governor of the State of Georgia, and shall hold office as such Commissioner of the Town of Midway for the term of four years from the date of his appointment, and thereafter until his successor shall be appointed. Member appointed by Governor.

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Sec. 5. Be it further enacted by authority of the same, That one of the Commissioners of the Town of Midway shall be elected by the electors qualified to vote for such Commissioner, at an election to be held on the second Wednesday of March, 1926, and every four years thereafter, and at such place within the corporate limits of said Town as may be selected and designated by the Board of Commissioners of said Town of Midway, and under such rules and regulations as may be made by said Board of Commissioners, and said Commissioner so selected shall hold office for a term of four years, and thereafter until his successor shall be regularly elected. Member elected. Sec. 6. Be it further enacted by authority of the same, That should any vacancy occur in the office of Commissioner of the Town of Midway by death, resignation or otherwise, the remaining members of said Board of Commissioners shall elect a successor to fill such vacancy, and the person so elected shall hold office for the unexpired term, and thereafter until his successor is regularly elected, or appointed. Vacancies. Sec. 7. Be it further enacted by authority of the same, That all persons who are residents of said Town of Midway and qualified to vote for members of the General Assembly of the State of Georgia, and all such other persons who are qualified to vote for members of the General Assembly of Georgia in the respective localities which they reside, and are also freeholders in the said Town of Midway, shall be qualified to vote at elections for Commissioner of the Town of Midway; any person owning an interest in Church property or any Cemetery lot, or who is a rightholder of privileges in any Church or Cemetery located within said Town of Midway, shall be construed to be such a freeholder as is contemplated in this Act. Qualifications of voters. Sec. 8. Be it further enacted by authority of the same, That the Town of Midway shall have and use a

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common seal, shall be empowered to purchase, have and hold real and personal property for any municipal purpose or use, and may sell and dispose of any property that may become of no practical use to said Town. Said Town of Midway may accept and administer trust funds as Trustee for any charitable, benevolent, religious, or patriotic societies or associations. Corporate powers. Said Town of Midway, acting by and through its Commissioners, may contract and be contracted with, sue and be sued, lay out streets, lanes and parks, within its corporate limits, and condemn real property for streets, lanes, parks or other municipal purposes within said Town, the manner of condemnation to be as now provided by law. Said Town of Midway may make sanitary regulations for said Town, and may establish and, maintain a drainage system within said Town, and may establish gardens, erect buildings and make other like improvements when in their opinion it is best and advantageous for the best interest of the Town, and its people. Sec. 9. Said Commissioners for the Town of Midway shall have power and authority to impose and inflict such pains, penalties, and forfeitures, for violation of the by-laws or ordinances of said Town of Midway, as shall, in their judgment, be conducive to the good order and government of said Town; provided, that no fine or forfeiture, for one individual offence, shall exceed one hundred dollars, no imprisonment for more than thirty days and no work on the public streets or other public places in said Town for more than thirty days. The Recorder or other person acting as Recorder shall enforce these provisions, and penalties, with the aid of the Marshal or Town officer in executing the orders and judgment of the Recorder's Court. Fines, penalties, and forfeitures may also be enforced by levies under warrant or execution of distress, and sale of the offender's goods and chattels, if any to be found; otherwise of lands and tenements. Penalties for violation of ordinances.

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Sec. 10. Said Commissioner of the Town of Midway, shall have power and authority, from time to time, to make, ordain and establish such by-laws, ordinances, rules and regulations as shall appear to them requisite and necessary for the security, welfare and convenience of the said Town of Midway and its inhabitants, and preserving health, peace and good within the limits of the same. Ordinances. Sec. 11. Be it further enacted by authority of the same, That said Commissioners of the Town of Midway, are also hereby vested with full power and authority to make such assessments and lay such taxes on the inhabitants of the said Town of Midway, and those who hold taxable property within the same, and those who transact or offer to transact business therein, as said corporate authorities may deem expedient for the safety, benefit, convenience and advantage of said Town of Midway, and may enforce the payment of such assessments and taxes in such manner as said Commissioners of said Town prescribe. Besides real and personal property, the said Commissioners may tax capital invested in said Town, choses in action, income and commissions derived from the pursuit of any profession, faculty, trade, or calling, and all other property or source of profit not expressly prohibited or exempt by State law or competent authority of the United States. Taxes. Sec. 12. Be it further enacted by authority of the same, That said Commissioners for the Town of Midway may appoint or select a Recorder, Marshal, Deputy Marshal, City-Attorney, Clerk of Commissioners, and such other officers as in their judgment shall be necessary and needful in executing and enforcing the ordinances and regulations of said Town of Midway, and said Commissioners shall prescribe their duties and authority, not inconsistent with the laws of Georgia or the United States. In the absence of specific rules of authority and duties the ordinary rules and authority applicable to the respective positions shall be observed. Officers:

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All officers and employees of said Town of Midway shall hold at the pleasure and option of said Commissioners of said Town for such time as said Commissioners may designate by ordinance. Sec. 13. Said Commissioners of said Town of Midway, shall have full authority to make penal by ordinance, the following of any profession, trade or occupation, or the engaging in any business of profit by any person, within the corporate limits of said Town without having paid the taxes assessed for the same. Unlicensed persons. Sec. 14. Be it further enacted by authority of the same, That the said Commissioners of the Town of Midway, shall have authority to abate nuisances within said Town of Midway, and to prevent the exhibition of any moving picture show, theatrical performance, circus or other show, or the giving of any hot supper, picnic or entertainment of any kind, that, in the opinion of said Commissioners are contrary to good morals and the uplifting of society. Nuisances. Sec. 15. Be it further enacted by authority of the same, That said Commissioners shall have the right and power to prescribe the fire limits for said Town of Midway, and to provide fire protection, and may grant or refuse permits for the erection of buildings, when in the judgment of the Commissioners the materials to be used are unsafe, and may also, by ordinance, regulate and prescribe the distance from any church or sancturary, within which any building may be erected within said Town. Fire limits. Sec. 16. Be it further enacted by authority of the same, That the keeping on hand or offering for sale any intoxicating liquor or beverage within said Town of Midway shall be forever prohibited, and all places at which the same are kept on hand or offered for sale shall be deemed public nuisances and abated as such. Intoxicating liquors.

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Sec. 17. Be it further enacted by authority of the same, That every male citizen of the Town of Midway, between the ages of twenty-one and fifty years, except such as are exempt by law, shall be liable to street taxes and services on the streets, lanes and public thoroughfares of said Town of Midway, not to exceed ten dollars or ten days service for each year, as may be adopted and determined by the Commissioners of said Town, who are hereby given such authority, and the said Commissioners shall have the authority to try and to punish all defaulters of such service, after giving them five days notice of the time and place of hearing said default, and if said defaulter or defaulters shall fail to appear at the time and place of trial, said Commissioners may issue their warrant and cause said defaulter to be arrested and brought before them for trial. Any one of said Commissioners may commit said defaulter to jail or take a good bond for his appearance before the Board of Commissioners, and, upon being tried, should they or any of them be found guilty of wilful refusal or neglect to pay such street tax or perform such services on the streets, they may be sentenced by said Board of Commissioners to imprisonment in the Town jail or in the County jail for a term of not more than thirty days, or to work on the public works, streets, lanes and thoroughfares of said Town for not more than thirty days, or to pay a fine not to exceed one hundred dollars; any one or any two or all three of said penalties as may seem just in the judgment of said Board of Commissioners. In case there was no wilful neglect or refusal the Commissioners may allow said defaulter to make good his default. The Marshal of said Town, and any constable or Sheriff of Liberty County shall have authority to serve any warrant issued for any road defaulter of said Town of Midway. Road tax. Sec. 18. Be it further enacted by authority of the same, That the Recorder of the said Town of Midway, and each of the Commissioners of said Town, who shall

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have, and is hereby given, authority to Act as such Recorder, shall have jurisdiction and authority to issue warrants for the apprehension of any person or persons charged with the violation of any of the ordinances and regulations of the Town of Midway, to try all persons so charged, and upon conviction to punish all violators of said ordinances and regulations as provided by the same. All persons tried in the Recorder's Court shall have the right of appeal to the Board of Commissioners of said Town and shall be admitted to bail for appearance before said Commissioners, or in default of bail be committed to jail for such trial at the time set for the hearing before the Board of Commissioners. The County Jail of Liberty County may be used by said Town for its prisoners until such time as a jail or guardhouse may be provided by said Town of Midway. Recorder; warrants and trials. Appeals; bail. Sec. 19. Be it further enacted by authority of the same, That the Recorder of the said Town of Midway, or any Commissioner of said Town acting as Recorder, shall have the authority of a Justice of the Peace of this State, to take affadavits and administer oaths, to issue warrants and to hold preliminary examinations of persons charged with criminal offenses against the laws of this State, and to commit to the common jail of the County of Liberty, in default of bail, all persons against whom there is found sufficient reason to suspect the guilt of the accused, within the limits of the said Town of Midway, and said Recorder shall have full authority to issue subpoenas and attachments for the attendance of witnesses, and to punish for contempt. Recorder to have authority of Justice of the Peace. Sec. 20. Be it further enacted by authority of the same, That the Marshal and Deputy Marshal of the Town of Midway shall have authority to serve all warrants, subpoenas, attachments, and other processes as Constables of this State, within the said Town of Midway, and to make arrests for the violating of the laws of this State, and of the ordinances of said Town, without

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a warrant when committed in their presence; to convey prisoners to and from the County jail of Liberty County when required by proper authority so to do; to supervise, guard and direct the working of prisoners convicted of violations of the ordinances of the said Town of Midway when directed so to do by the Commissioners of said Town. Warrants, subpoenas, etc. Arrests. Sec. 21. Be it further enacted by authority of the same, That when the Town of Midway is temporarily without sufficient funds with which to pay current expenses necessary in the administration of the affairs of said Town, said Board of Commissioners shall have authority to borrow a sufficient amount to meet such casual deficiency, and to repay the same with money received thereafter for taxes. Authority to borrow. Sec. 22. Be it further enacted by authority of the same, That the officers and employees of the Town of Midway shall receive for their services such compensation as may be fixed by the Board of Commissioners of the Town of Midway, but in no case shall the Commissioners of said Town receive more than five dollars per day and ten cents per mile traveling expenses to and from said Town of Midway for each day of such service. Compensation of officers. Sec. 23. Be it further enacted by authority of the same, That the following persons be, and they are hereby, made Commissioners of the Town of Midway until their successors shall be appointed and elected under the provisions of this Act, to-wit: Charles B. Jones, the present Commissioner of Roads and Revenues of Liberty County elected from the section in Liberty County in which the Town of Midway is situated; Newton J. Norman, whose successor is to be appointed by the Governor of Georgia; and Abiel F. Winn, whose successor is to be elected at an election for Commissioner of the Town of Midway to be held on the second Wednesday in March, 1926. Commissioners named.

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Sec. 24. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 3, 1925. MILLEDGEVILLE; GRANT OF PART OF STATE HOUSE SQUARE FOR EDUCATIONAL PURPOSES. No. 274. An Act to give and grant to the Mayor and Aldermen of the City of Milledgeville, Georgia, for educational 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 all that certain parcel of land being a part of the State House Square in the City of Milledgeville, and lying in the Southwest Corner of said Square, fronting West on Wayne Street a distance of 318.1 feet, and running back East of even width 237.4 feet, bounded on the North and East by other parts of the State House Square, on the South by Franklin Street and on the West by Wayne Street, the boundary line surrounding said tract of land running as follows: beginning at the Southwest corner of said State House Square, running thence East along Franklin Street 237.4; thence North parallel to Wayne Street 318.1 feet; thence West parallel to Franklin Street 237.4 to Wayne Street; thence South along Wayne Street 318.1 feet to the point of beginning, is hereby granted to the Mayor and Aldermen of the City of Milledgeville, Georgia, for educational purposes. Territory described. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 18, 1925.

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MILLEDGEVILLE STREET IMPROVEMENT BONDS. No. 345. An Act to amend an act establishing a new charter for the city of Milledgeville, and for other purposes approved December 15th, 1900, so as to authorize and empower the Mayor and Aldermen of the city of Milledgeville to improve its streets, sidewalks, square and alleys by paving, repaving, macadamizing, grading, curbing, guttering and draining, including the installation of manholes, catch-basins, and necessary drain pipes, and to assess the cost thereof upon the abutting property owners, and the owners of railroads whose tracks occupy said streets, sidewalks, squares and alleys, to be payable on a basis of ten yearly payments of approximately ten per cent, a year, to provide for interest to be paid on said yearly payments, and to create liens upon the property abutting and railroads occupying, said streets, sidewalks, squares and alleys, to provide for the procedure of such improvements and for making and collecting and securing of the assessments, and to provide for the issuance of bonds therefor, to be known as Milledgeville Street Improvement Bonds, and the manner of collecting and 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 establishing a new charter for the City of Milledgeville, and for other purposes, approved December 15th, 1900, be and the same is hereby amended as follows: Act of 1900 amended. Sec. 2. That from and after the passage of this Act, the Mayor and Aldermen of the City of Milledgeville, are hereby authorized and empowered to improve the streets, sidewalks, squares and alleys of said city by

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paving, re-paving, macadamizing, grading, curbing, guttering and draining the same, including the installation of monholes, catch-basins, and necessary drainage pipes, re-setting of curbing and to assess the cost thereof upon the abutting property owners and the owners of railroads whose tracks occupy said streets, sidewalks, squares and alleys in the following manner. Authority to pave, etc. Sec. 3. That upon the written petition signed by a majority of the land owners of land abutting on any street, square, sidewalk or alley or of the owners of land abutting on any section of any street, square, sidewalk or alley in said city, requesting, that said street, square, sidewalk or alley or section thereof be improved under the provisions of this Act, it shall be the duty of the Mayor and 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 width of the improvement to be made, the approximate dimension of curbing, the number and location of manholes, catch-basins, pipes and sewers required and in general what sewer, gas, water, or utility connections shall be required. Provided, that a substantial compliance with this section and section five shall be sufficient, and that the Mayor and Aldermen of said city shall be authorized to vary from the specification of such details in the construction of the said improvements 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 street, sidewalk, walk or alley improvement whether of brick, stone, concrete, gravel, asphalt or other known and approved materials or combinations thereof. Petition. Ordinance. Proviso as to specifications. Sec. 4. That the resolution provided for in Section 3 of this Act shall be passed under the rules providing

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for the passage of Ordinances in said city, and when a copy of said resolution or Ordinance shall have been posted at some conspicuous place frquented by the public in the City Hall for seven days, the resolution or Ordinance shall become final and binding, unless, prior to the expiration of the seven day notice by posting in the City Hall a majority of the owners of land abutting on the street, sidewalk, square, alley or section thereof to be improved, filed with the clerk and treasurer of said city, their written protest against said improvement, stating their objection thereto. If such protest should be filed it shall be the duty of the cleak and treasurer to transmit the same to the Mayor and Aldermen of said city at their first regular meeting after receipt thereof. Notice. Objections. Sec. 5. That the Mayor and Aldermen of said city be and they 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 otherwise improving, as authorized by this Act, to pass a similar resolution or ordinance as that provided for in Section 3 of this Act. Ordinance without petition. Sec. 6. That the resolution provided for in Section 5 of this Act shall be passed under the rules providing for the passage of Ordinances in said city, and when a copy of said resolution or ordinance shall have been posted at some conspicuous place frequented by the public in the City Hall for seven days the resolution or ordinance shall become final and binding, unless, prior to the expiration of the seven days notice by posting in the City Hall, a majority of the owners of land abutting on the street, sidewalk, square, alley or section thereto to be improved, file with the clerk and treasurer of said city, their written protest against said improvement, stating their objection thereto. If such protest should

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be filed it shall be the duty of the clerk and treasurer to transmit the same to the Mayor and Aldermen of said city at their first regular meeting after receipt thereof. Notice. Objections. Sec. 7. That one or more streets, squares, alleys, or sections thereof to be improved may be embraced in a single resolution or ordinance, provided that each street, square, alley or section be treated as a separate unit in said resolution and the protest against the improvement shall be made to each separate unit and must be made by a majority of the owners of land abutting the unit proposed to be improved. Each street a separate unit in ordinance. Sec. 8. That whenever objection has been filed to the resolution or ordinance passed under Section 3 or Section 5 of this Act the Mayor and Aldermen of said city at the next regular meeting of said Mayor and Aldermen shall hear the objections and inquire into the grounds of the objections and determine the same. The hearing of said objection may be continued from time to time in the discretion of the said Mayor and Aldermen. Should the Mayor and Aldermen sustain the objection filed action under the resolution or ordinance shall terminate. If on the hearing of the objection the objections are overruled or disallowed the Mayor and Aldermen of the city shall proceed under the resolution to make the improvement provided for by the same. On the overruling of the objection the resolution shall become final and binding. Hearing. Sec. 9. Whenever a resolution passed under Section 3 or Section 5 of this Act shall have become final and binding it shall be the duty of the Mayor and Aldermen of said city within a reasonable time thereafter to proceed in accordance with the said resolution and provide for the preperation of the plans and specifications of the improvements to be made, and shall prescribe the time and manner of advertising for bids and the letting of contracts for said improvements and for the furnishing of materials therefor; and shall provide for a bond

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with security by the contractor, payable to Mayor and Aldermen of the city of Milledgeville, for a sum not less than the contract price of the improvement to be made, conditioned for the faithful and skillful performance of the contract. The Mayor and Aldermen may provide for a bond in an amount equal to twenty-five per cent of the contract price for the maintenance in good condition of such improvement for a perior of five years from 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 such amount shall be added to the assessment along with other cost of the improvement. Provided that no such contract shall be entered into until after notice has been published in a newspaper having general circulation in the city of Milledgeville, once a week for two weeks, in which notice a general description of the improvement to be made shall be given, the time and place that bids shall be received, the form of bids and a statement of where the plans and specifications may be inspected shall be contained in said notice. After the publication of the above mentioned notice all the property owners to be assessed for the cost of the improvement and all other persons interested who do not within fifteen days thereafter commence proceedings to prevent said improvement and assessment being made and enforced shall be conclusively presumed to have accepted the terms of the resolution or ordinance under which said improvements are to be made. Contract. Notice. Sec. 10. After the Mayor and Aldermen shall have advertised for bids and have received the same it shall be their duty to enter into contract with the successful bidder for the furnishing of material and the construction of the improvement, provided the Mayor and Aldermen shall have the right to reject any and all bids and to re-advertise and let the contracts under said re-advertisement, if in their judgment none of the bids received on the first advertisement are fair or are from

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responsible parties. Should a successful bidder fail or refuse to execute a contract conforming to his bid the Mayor and Aldermen may re-advertise for a new bid. It shall be stipulated in the contract that the payment is to be made solely and only from the assessments against the abutting land owners and owners of railroads whose tracks occupy the secton to be improved as hereinafter provided and in the manner hereinafter prescribed. Right to reject all bids; re-advertisement. Sec. 11. As soon as practical after the contract provided for in Section 10 has been entered into the Mayor and Aldermen of said city shall caused to be made an accurate measurement and plan of the work to be done showing the number of feet and fractions thereof of frontage thereon of each and every abutting property and the location of all railroad tracks in streets or alleys to be paved and shall file the plat, with the measurements plainly marked thereon, showing the location and measurements of each abutting property and of each and every street crossing which plat shall be filed in the office of the clerk and treasurer of said city and be subject to inspection of all persons interested. The owner of any abutting land or of any railroad track lying within the improvement may within five days from the filing of the plat, make written objection thereto, and, after the expiration of five days, if objections have been filed questioning the accuracy thereof, the Mayor and Aldermen shall set a time for hearing such objections and post written notice of the time and place of the 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. Plan. Objections. Hearing. Sec. 12. After the plat and measurements as provided in Section 11 shall have been approved or after five days from the filing thereof, if no objections are made the Mayor and Aldermen shall pass a resolution assessing the cost of the paving (if any) of that portion of the

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street between the rails of any railroad track lying in the streets and for one foot on each side of every line of track occupying said street and the balance of the cost they shall assess on the abutting land owners, one-half thereof to be assessed against the abutting owners and the abutting land on each side of the street, square, alley or section thereof to be improved; the amount of the assessment against the several owners and the parcels of land to be in the same proportion that the front footage of the owner's property bears to the entire front footage of the property abutting on the street, square, alley or section thereof to be improved. Said assessment shall include all expenses incurred in complying with the provisions of this Act incident to said improvement, including engineering. The said assessment shall be made against the several tracts or parcels of abutting land and the owners thereof in the proportion provided in this Section, and shall be payable in ten substantially equal annual installments and shall bear interest at the rate of six per cent per annum. The resolution shall designate the exact frontage, in feet and fraction thereof of each and every abuttting owner, the width of each railroad track occupying the street, the width of every crossing of streets or alleys, and shall designate the percentage of the cost of the improvement to be assessed against each and every abutting property owner and every abutting piece of property and every owner of railroad tracks separately in accordance with this Act; said assessment shall not include the cost of water, gas or sewer connection where such connections are required of any owner of abutting property. The Mayor and Aldermen of the city of Milledgeville shall be treated as the owner of all street crossings for the full width of the street in each direction except that part of the crossing occupied by railroad tracks and for a distance of one foot on each side of said railroad track, and the proportionate cost of paving the crossing of any street or alley shall be borne by the city and not assessed against the

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owners of property abutting the street or alley improved. The city may provide for the payment for the paving of 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 improvement. 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 of America or the State of Georgia or other owner exempt from the operation of this Act, such property shall be excluded from the computation in arriving at the pro rata assessment against the abutting land and land owners on the streets to be improved, and existing laws shall apply to the improvement of such area, unless such 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 improvement herein provided for; where the county of Baldwin is the owner of any such property the chairman of the Board of Commissioners 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 on behalf of the county, and where the city of Milledgeville is the owner of such property, the Mayor shall be so authorized. Assessments. Street crossings. Public property. Sec. 13. That the special assessment and each installment thereof and the interest thereon are hereby declard to be a lien against the lots and tracts of lands 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 liens shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to

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be within the terms of any general convenant 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 parcel for the assessment against any other abutting owner. Lien of assessment. The special assessment and each installment thereof and the interest thereon are hereby declared to be a lien against that portion of the railroad lying within the improvement 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 liens shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Railway property. Sec. 14. The Mayor and Aldermen shall in the resolution provided for in Section 12 or other subsequent resolutions, provided 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 ten per cent per year, but they shall have authority to make the first or last payment more or less than ten per cent so that the other payments may be made in round amounts. Resolution as to payments. Sec. 15. The persons against whom assessments are made as provided in Section 12 shall have a right to pay the assessment or any portion thereof without interest at any time within thirty days after the passage of the resolution making the assessments, and after the expiration of thirty days and until the bonds issued against said assessments, hereinafter provided for shall have been sold the person liable for said assessment may pay the same or any part thereof with accrued interest. Payment in 30 days without interest. Sec. 16. As soon as practicable after the expiration of 30 days from the passage of the resolution provided for in Section 12, the Mayor and Aldermen shall, by

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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 Mayor and Aldermen, bearing interest at the rate of six per cent 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 Milledgeville, 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, railroads and tracts of land of the several land owners abutting the street, square, or alley or section thereof for the improvement of which said assessment was made. Said bonds shall be known as Milledgeville 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 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 Mayor and Aldermen of the City of Milledgeville, but shall be payable solely from the assessment against which they are issued, under authority of this Act. Said bonds shall be registered by the Clerk and Treasurer of the City of Milledgeville in a book to be kept for that purpose, and certificate of registration endorsed by the clerk on each of said bonds. Bond issue. Recitals in bond. Payable from assessments. Registration.

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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. 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 Clerk and Treasurer of the City of Milledgeville, 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 Milledgeville 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 Clerk and Treasurer of the City of Milledgeville 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 and Treasurer as herein provided, shall bear further interest. It shall be the duty of the Clerk and Treasurer to give notice in the newspaper in which Sheriff's advertisments are published, in the two issues next preceeding the 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 and Treasurer of the City of Milledgeville, promptly after the maturity of any bond or installment of interest remaining unpaid, to issue an execution directed 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

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amount of the past due installment 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 as under other execution 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 Milledgeville, 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 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 Superior Court of Baldwin County, Georgia, 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. Collection of assessments. Maturity of bonds. Notice. Execution. Levy and sale. Proceeds Affidavit of illegality. Sec. 19. It shall be the duty of the Mayor and Aldermen of the City of Milledgeville 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

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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 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. Transfer of assessments. 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 Baldwin 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. Receipts. 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

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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. Transfer of lien. Sec. 23. It shall be the duty of the Mayor and Aldermen, upon the passage of this Act, to have the streets, squares, and alleys of the city of Milledgeville 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 Mayor and 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. Grouping of streets to insure uniform improvement. 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 Mayor and Aldermen it is necessary to repave or otherwise reimprove said street, square or alley or section thereof for the good of the public. Improvement to be made, when. 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

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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 doing of other things, Sundays and legal holidays shall not be counted. Time of notice. Sec. 27. This Act is cumulative, and shall not be construed as repealing or modifying the existing laws of force in the city of Milledgeville with reference to paving or otherwise improving the streets, sidewalks, alleys or squares in said city. This Act cumulative. Sec. 28. The Mayor and 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 non-essential provisions thereof. Provisions held invalid not to affect whole Sec. 30. All resolutions, ordinances or orders passed by the Mayor and 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 Milledgeville by the city clerk,

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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. Records. Sec. 31. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1925. MILLEN; SALE OF PLANT; REFERENDUM. No. 116. An Act to amend an Act approved August 12, 1915, creating a new Charter for the City of Millen and all Acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell, and to sell said City's complete electric and steam plant, distributing lines, equipment and all property connected therewith and to cease operation of such utility; provided this Act shall have first been ratified by a majority vote of the citizens of Millen at an election to be called for that purpose, 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 an Act creating a new charter for the City of Millen, approved August 12, 1915, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1915 amended. The Mayor and Council of the City of Millen are here by authorized and empowered by ordinance to contract to sell and to sell or lease upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment apparatus and property whatsoever, both real and personal, connected

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therewith and used as a part thereof belonging to said City and to cease operation of such utility and to convey good and clear title thereto by deed of the City executed by its Mayor; provided however, that this Act shall not become effective nor shall the said Mayor and Council exercise the powers herein delegated unless and until the same shall have been ratified by a majority vote of the qualified voters voting at a special election in said city which may be called by the Mayor and Council for the purpose at any time after the final passage and the approval of the Governor of this Act. The Mayor and Council of said City may call an election at any time for the purpose of having this Act referred to a vote of the people, upon giving notice of the same previous thereto for four weeks in the newspaper in which the Sheriff's sales are advertised in Jenkins County. Should such election be held the same rules as to qualification of voters, certificate of results of said election and the manner of holding the same shall obtain as in case of elections for Mayor and Council of said City. Those who vote to ratify this Act shall have written or printed on their ballots, For sale of Electric Light Plant and those who vote against the ratification of this Act shall have written or printed on their ballots, Against sale of Electric Light Plant. Authority to dispose of plant. Election to ratify. Ballots. Be it further enacted by authority aforesaid, That all laws in conflict with this Act be, and the same are hereby repealed. Approved August 3, 1925.

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MILLEN WELFARE FUND; ELECTION TO APPROPRIATE. No. 49. An Act to amend the charter of the City of Millen, authorizing the Mayor and Council of said city to appropriate from the general funds of said city a sum or sums not to exceed two thousand dollars in any one year, for the purpose of promoting the growth and interests of said city and the prosperity and welfare of its inhabitants, and for the purpose of advertising the advantages of said city; to provide for the ratification 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 the Mayor and Council of the City of Millen shall have authority and be empowered to appropriate from the general funds of the City of Millen, a sum or sums not exceeding two thousand ($2,000) dollars in any one year, the said sum or sums to be spent under the direction of and in such manner as the Mayor and Council of the City of Millen may determine, for the purpose of promoting the growth and interest of said city, advertising its advantages, and contributing to the prosperity and welfare of its inhabitants. Authority to appropriate $2,000 per annum. Sec. 2. This Act shall not become effective unless and until the same shall have been ratified by a majority vote of the qualified voters, voting at a special election in said city to be called for the purpose by the Mayor and Council thereof, to be held not earlier than twenty days after the final passage and approval by the Governor of this Act. The same rules as to qualification of voters, certificate of results of election and the manner of holding same shall maintain as in case of election for Mayor and Council. Those voting to ratify this Act shall have on their ballots: For Amendment to Charter, and those voting against this Act shall have on

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their ballots: Against Amendment to Charter. Notice of said election shall be given by two weeks publication of the time and place of voting prior thereto in the Millen News. Election to ratify. Ballots. Notice. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1925. MILLTOWN CHANGED TO CITY OF LAKELAND. No. 193. An Act to change the name of the Town of Milltown to the City of Lakeland and to incorporate the municipality of Milltown in Lanier County under the corporate name of the City of Lakeland, and to provide a new charter for the City of Lakeland; to repeal the charter of the Town of Milltown and Acts amendatory thereof; to consolidate into and supersede by this Act such aforesaid Acts; to incorporate the City of Lakeland in lieu of said Town of Milltown; to substitute the City of Lakeland for the Town of Milltown wherever said municipality is mentioned in the Constitution and laws of Georgia; to define territorial limits of the City of Lakeland, and to confer extra territorial jurisdiction upon said City within certain adjacent territory; to provide for the execution, service and return of certain writs, warrants, or executions of said city beyond the limits of said City and within the State; to provide for a Mayor and Council and other officers for the City of Lakeland; to prescribe and provide their powers, duties, qualifications, terms of office, and the manner of their election; to provide that all valid contracts heretofore entered into by the Town of Milltown or the Mayor and Council

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of the Town of Milltown as heretofore incorporated, shall be binding and effective upon the City of Lakeland hereby incorporated; to provide that all property now and heretofore held and owned by the Town of Milltown, or the Mayor and Council of the Town of Milltown as heretofore incorporated, shall be and become the rights and property of the City of Lakeland hereby incorporated; to provide that all ordinances of the Town of Milltown or the Mayor and Council of the Town of Milltown heretofore incorporated, not in conflict with this Charter and incorporation, shall be valid and enforceable as ordinances of the City of Lakeland hereby incorporated; to confer any necessary authority upon said City of Lakeland hereby incorporated to enable it to establish, equip, maintain, modify, extend and improve a system of sewerage and drains in said City, and for the assessment and collection of the expenses and costs thereof, and the issuance of sewerage and drainage certificates; 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; to provide for the enacting of all necessary ordinances, and to provide penalties for the violation of same; to provide for a Board of Health; to declare and define certain police powers of said City; to provide for the condemnation of private, public or semi-public property for the use of said City, either within or without the corporate limits thereof, and compensation to the owners thereof; to provide for taxation and the granting of licenses for all kinds of business, trades, calling and professions, shows, exhibitions or entertainments; to provide for the retention in office of the present officers of the Town of Milltown hereby abolished and repealed as officers of the City of Lakeland hereby incorporated and established; to provide for the qualification and registration of voters in the City of Lakeland; to provide for a Recorder and a Police Court, and the trial and punishment therein of all offenders

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against the laws of said City and the manner of appeal therefrom; to grant and regulate franchises; to provide rules and regulations governing public service corporations; to provide for opening and laying out, establishing, maintaining, improving and paving streets, avenues, lanes, alleys, side-walks and crossings in said city; to assess and collect from the owners of properties fronting on said streets and sidewalks equally and ratably according to their respective frontals, the costs of such paving and improvement, and in addition thereto, to assess and collect from any Railroad Company the cost of paving and improving so much of said streets and sidewalks as is occupied by their rights of way; to provide when and how all assessments are to be made, and when and how they may be paid and collected, and for the issuance of bonds therefor; to abate nuisances; to provide for the assessment, levy and collection of an allowance tax on all property, real and personal for general purposes; to authorize the assessment and collection of a tax for street work and improvements; to grant encroachments on the streets; to declare and constitute the rights and powers of said city of Lakeland hereby established; to provide for a City chain gain and guard house, and the work of prisoners therein, and the regulation and management of the same; to provide for a fire department; to authorize the Mayor and Council of said City to maintain and operate a system of water works and electric plant; to authorize said City to borrow money; to provide for parks, public buildings and other municipal improvements; to create and maintain a Chamber of Commerce; to declare and define the public powers of said City, and provide for all matters of municipal concern and cognizance; to confer power upon said City to acquire and own property beyond its corporate limits for certain purposes; to provide for a City depository; to provide for the general policing and all police laws for the general

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welfare of the corporation; to provide for all matters and things necessary and proper, or incident to a municipal corporation; to provide for primaries and wards in the discretion 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 the authority of the same, That from and after the passage of this Act, the name of that municipality in Lanier County, Georgia, the county seat of said County, heretofore known and designated as the Town of Milltown shall be and is hereby changed to the City of Lakeland by which name said municipality and County seat shall be henceforth known and designated, and an Act to incorporate the Town of Milltown approved December 17, 1901 and the Act amendatory thereof approved August 3, 1910, and all other Acts amendatory thereof, be and the same are hereby consolidated into and superseded by this Act and all provisions of former Acts inconsistent or at variance with this Act, or any provisions hereof, are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Corporate name; Acts of 1901 and 1910 amended. Sec. 2. Be it further enacted, That from and after the passage of this Act the inhabitants of the territory in the County of Lanier hereinafter described, are hereby incorporated by the name and style of the City of Lakeland, a body corporate and politic with power to govern themselves by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States, the corporate limits of said City shall extend and embrace all that territory lying and being within one (1) mile in every direction from the present masonic hall now located therein. The said defined territory is hereby

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incorporated under the name and style of the City of Lakeland, and the city of Lakeland is hereby chartered and given all of the privileges and benefits conferred on cities by the Constitution and Laws of Georgia, and by said name and style is established and shall have perpetual succession and is hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State or Cities thereof; and all rights, powers, privileges, titles, properties, easements or hereditaments now belonging or in any wise appertaining to the Town of Milltown or to Mayor and Council of Town of Milltown as heretofore incorporated, shall be and is hereby vested in the City of Lakeland as created by this Act, and the City of Lakeland in the County of Lanier, State of Georgia, created, established and declared by this Act may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enacte through its proper officers hereinafter provided for, such ordinances, rules and regulations for the transaction of its business, and for the welfare and proper government of said City as its Mayor and Council may deem best, and do all other things necessary to promote the municipal corporate purposes of said City, and the said City of Lakeland shall be capable in law to purchase, hold, enjoy, receive, possess, retain and manage in perpetuity lands, tenements or hereditaments of every kind and description whatsoever, or any interest in real or personal property, within or without the corporate limits of said City for corporate purposes, and to sell, lease, alien, convey, exchange or dispose of the same or any part thereof. The said City of Lakeland, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities, and undertakings of said Town of Millton, or the Mayor and Council of the Town of Milltown as heretofore incorporated; and all ordinances now in force in the Town of Millton, or the Mayor and Council thereof as heretofore incorporated, and not repugnant to the

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provisions of this charter, or the law of Georgia, shall be, and are hereby continued in force in said City of Lakeland incorporated by this Act. The present Mayor and Council of the Town of Milltown shall continue in office as Mayor and Council of the said City of Lakeland incorporated under this Act until their present term expires, or their successors are elected and qualified; and all other officers of the Town of Milltown as heretofore incorporated shall continue in office as such officers of the said City of Lakeland incorporated under this Act until their present terms expire, or their successors are elected and qualified; subject, however, to the provisions of this Act with further reference thereto. It being the purpose of this Act to abolish the Town of Milltown heretofore incorporated, and establish the City of Lakeland hereby incorporated in its stead, to change the name to that territory heretofore known as the Town of Milltown to be henceforth known as the City of Lakeland; to create and establish a new charter for said territory under the corporate name of the City of Lakeland hereby established. To have the City of Lakeland hereby incorporated to in every way supersede the Town of Milltown heretofore incorporated, and establish same in lieu thereof, and to have the City of Lakeland hereby incorporated, succeed to all the rights, powers, privileges and benefits, and to be subject to all the duties, obligations, liabilities and responsibilities of said Town of Milltown heretofore incorporated. This Act changing the name of the Town of Milltown to the City of Lakeland, and providing a new charter for said City of Lakeland; the municipality of Milltown in Lanier County being, and the same is hereby incorporated under the corporate name of the City of Lakeland; and said City of Lakeland is hereby substituted for the Town of Milltown wherever said municipality is mentioned or referred to in the Constitution or Laws of this State, and any reference to or mention of said Town of Milltown in the Constitution or Laws of Georgia shall

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henceforth be construed to refer to, mention and mean the City of Lakeland. Corporate powers and limits. Purpose of this Act. Sec. 3. Be it further enacted, That the municipal government of said City of Lakeland shall be vested in a Mayor and six (6) Aldermen or Councilmen, that the Mayor and Aldermen shall be collectively known as the City Council of Lakeland and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. City Council; Mayor and six Aldermen. Sec. 4. Be it further enacted, as hereinbefore provided, That the Mayor of the City of Lakeland shall be L. L. Patten, and the Aldermen of said City shall be W. L. Miller, E. E. Brown, J. W. Lovejoy, T. E. Miller, T. W. Church and E. Tucker, who shall continue in their respective offices until their successors are elected and qualified as provided in this Act; and said Mayor and Council shall have and exercise all the rights, powers, duties and authority conferred upon the Mayor and Aldermen of said City of Lakeland, by virtue of this Charter. Members named. Sec. 5. Be it further enacted, That the Mayor of the City of Lakeland shall be elected as herein prescribed and shall hold office for a term of two years and until his successor is elected and qualified. The term of office of the present Mayor herein named shall be, and is hereby extended to January 1st, 1927, on which date the two year term of office of the next Mayor of said City shall begin. Mayor; election and term. Sec. 6. Be it further enacted, That the Aldermen of said City of Lakeland shall be elected as herein prescribed, and shall hold office for a term of two years and until their successors are elected and qualified. Provided that the term of office of all Aldermen herein named shall expire on January 1st, 1927. Aldermen.

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Sec. 7. Be it further enacted, That the first election under this charter shall be held on the first Wednesday in December, 1926, at which time there shall be elected by the qualified voters of said City, a Mayor and six Aldermen to hold office for the term of two years beginning January 1st, 1927, and until their successors shall be elected and qualified; biennially thereafter on the first Wednesday in December at the Council Room of said City, a Mayor and six Aldermen shall be elected by the qualified voters of said City, who shall serve for a term of two years and until their successors shall be elected and qualified. Election in 1926. Sec. 8. Be it further enacted, That should the failure of said election at any time happen, the same may be held at any time thereafter upon ten days notice by the City Council of Lakeland. Should a vacancy occur in the office of the Mayor of said City, the Aldermen of said City shall elect from one of their members to fill such vacancy. Should a vacancy occur in the office of Aldermen of said City, the City Council of Lakeland shall elect some qualified voter of said City for the unexpired term. Officers elected to fill vacancies shall be qualified immediately. Notice of elections; vacancies. Sec. 9. Be it further enacted, That on the first day of January, (unless said first day falls on Sunday or a legal holiday, in which event on the day following), after their election the Mayor and Aldermen elect shall meet at the Council Chamber of said City for the purpose of organizing, and shall severally take, before some officer authorized to administer oaths the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Alderman as the case may be) of the City of Lakeland during my term of office, and that I will faithfully enforce the laws and ordinances of said city to the best of my ability without fear or favor, and in all my actions as Mayor (or Alderman) act as I believe for the best interest of said City,

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and uphold the constitution of the State of Georgia and the United States, so help me God. Should the Mayor or any Alderman be absent from said meeting he or they may take said oath of office as soon thereafter as possible. Meeting. Oath of office. Sec. 10. Be it further enacted, That the regular meetings of the City Council of Lakeland, shall be held at the Council Chamber of said City on the second and fourth Tuesdays in each month, at which time all regular business concerning the welfare of said City shall be transacted; but special or call meetings may be held when public emergency so warrants, and they may also hold adjourned meetings which shall be considered as of the meeting adjourned. Meetings. Sec. 11. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of the City of Lakeland, shall be 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 any three free-holders designated by the Mayor of City Council, all of said free-holders shall be citizens of said City and own real estate therein; and said managers before entering upon their duties, shall take and prescribe before some officer qualified to administer oaths, the following oath, to-wit: We do swear that we will faithfully and impartially conduct this election according to law, and will prevent illegal voting to the best of our skill and knowledge, and will make true returns thereof so help us God. Said managers shall keep or cause to be keep two lists of voters at said elections, and two tally sheets. All elections shall be held at the City Council Chamber in said City and the voting shall be by ballot. The polls shall be opened at 9:00 o'clock A. M. and be closed at 5:00 o'clock P. M. but said managers shall have the right to suspend the election one hour for dinner. The persons receiving the

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highest number of legal votes for the respective offices shall be declared elected. Election managers. Oath. Polls. All elections held under the provisions of this charter shall be under the forms, rules and regulations prescribed by law for the election of members of the General Assembly of said State in so far as they are applicable to such elections and do not conflict with the rules and provisions herein prescribed. General rules applicable. Sec. 12. Be it further enacted, That after each election the managers thereof shall immediately make out and sign a certificate of return under oath of the election; said certificate shall give the name of each candidate voted for; the number of votes received by each and the office for which he is a candidate. One copy of said return together with all the ballots voted, the voters' lists and all other papers used in said election shall be by them delivered under seal to the clerk of the City Council of Lakeland; and a certificate showing the result of said election shall be by them delivered to the clerk of the City Council of Lakeland, before twelve o'clock noon, the following day of the election; whereupon, it shall be the duty of said clerk to declare the result of said election and record the same upon the minutes of said City Council of Lakeland. All election returns, ballots, lists and other papers so deposited with the clerk of the City Council under seal shall be by him kept for the space of twenty days after said election and be by him destroyed without examination provided no contest is had. In the event of a contest it shall be his duty to keep all the papers until called upon to produce them in the court having jurisdiction of the contest, and after such contest shall have been concluded he shall destroy all papers without examination. Returns. Sec. 13. Be it further enacted, That all persons qualified to vote in this State for members of the General Assembly, who have paid all taxes legally imposed and demanded by the authorities of said city, and who shall

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have resided in said city six months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws or ordinances of said city, shall be qualified to vote at any election held under the provisions of this charter. Qualification of voters. Sec. 14. Be it further enacted, That it shall be the duty of the clerk of said city on the first Monday in November of each election year, to open the registration books for the registration of the qualified voters of said city. Said books shall be kept open at such hours as the Mayor and Aldermen may prescribe each and every day (Sunday and legal holidays excepted) until Wednesday before the first Wednesday in December following, when it shall be fairly and absolutely closed. It shall be the duty of the clerk upon application in person and not by proxy of any citizen who is qualified to vote for the members of the General Assembly who has paid all taxes of every character legally imposed and demanded by the authorities of said city, and who upon the day of the election, if then a resident, will then have resided in said city six months prior thereto, to allow such person to register his or her name in said book of registration, and shall in every case before allowing the applicant to register administer to him or her the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in the City of Lakeland for six months next preceeding this registration, or that by the date of the next election held in and for said City, if then a resident, you will have done so; that you are twenty-one years of age, or will be so prior to said day of election; and that you have paid all taxes legally imposed and demanded by the authorities of said city, so help you God. Registration. Oath. It shall be the duty of the clerk of said City to prepare two lists of the names of the voters registered in alphabetical order after the same have been purged by the Mayor and Aldermen and furnish the same to the managers

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of the election, under his official signature and seal of office at or before the polls are opened. The managers shall keep said lists before them during the election and shall permit no one to vote in said election whose name does not appear thereon. Lists. For any special election in said City for any purpose, the clerk shall open the registration books at least thirty days before the date fixed for such election and shall close the same five days before the day of election, and shall prepare and furnish the registration lists as hereinbefore provided. Special elections. Notice of the opening of the registration books for all elections shall be given in such manner as the Mayor and Aldermen shall prescribe at least twenty days before the closing thereof. Should the name of any person qualified to vote in any election and who registered therefor, with the clerk in due form and time, be accidentally omitted from the registration lists furnished the managers of said election the clerk of said city may certify under his official signature and seal to such accidental omission to place such name on said list and that such person was duly and legally registered in due time and form before the registration book was closed, and thereupon by filing said certificate with the managers of the election such person shall be allowed to vote. Name omitted from list; certificate. Any person voting in any election held in said City who is not qualified to vote therein under the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as perscribed by the laws of this State for illegal voting. Illegal voting. After said registration books are closed, and prior to day of any election for which said registration is had, the Mayor and Aldermen shall examine, revise and purge the registration lists as made up and returned by the clerk of said city of all illegally registered voters or persons

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disqualified from voting for any lawful reason, provided that before removing any name therefrom written notice shall be served on the person or persons deemed disqualified at least twelve hours before final action thereon by the Mayor and Aldermen, that such person may show cause, if any, why such action should not be taken. Examination of lists. Challenges. Sec. 15. Be it further enacted, That no person shall be eligible to the office of Mayor of the City who is not twenty-one years of age, who has not resided in the City of Lakeland for a period of one year next preceeding the date of his election, and who is not a qualified voter of said City. Eligibility of Mayor. No person shall be eligible to the office of Alderman of the City of Lakeland who is not twenty-one years of age; who has not resided in the City of Lakeland for the period of one year next prior to his election, and who is not a qualified voter of said City. Of Alderman. Sec. 16. Be it further enacted, That the City Council of Lakeland shall have the authority to provide for and establish rules and regulations governing municipal primaries in and for said City and for election wards under such conditions as they may prescribe not in conflict with the laws of this State. Rules as to election wards, etc. Sec. 17. Be it further enacted, That at the first regular meeting of the City Council of Lakeland on the first Tuesday in January of each year, they shall elect one of their number Mayor pro tempore for a term of one year, who shall, in the absence or disqualification of the Mayor, or during a vacancy in said office be vested with all the authority of the Mayor and as such perform all the duties of the Mayor. Mayor pro tem. The City Council shall also at said meetings elect for said City a chief of Police, and as many policemen as they deem necessary; a Recorder, clerk and treasurer; a city attorney and City Physician, and may elect such

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other officers and employees of said city as they may deem necessary, and they shall have power to fix and provide for the salaries or compensation of the officers or employees so elected. All of said officers shall be elected for terms of one year, and until their successors shall be elected and qualified, unless sooner discharged and removed from office. Officers. Each of said officers shall take such oath of office, give such bonds and perform such duties as shall be fixed by ordinance, and the City Council of Lakeland shall have power and authority to suspend and remove such officers from office or impose fines on said officers for gross neglect or malfeasance after a fair and impartial trial. Sec. 18. Be it further enacted, that the Mayor and Aldermen shall receive such salary or compensation as the City Council of Lakeland may prescribe, which shall not be increased or diminished during their term of office. Compensation of Mayor and Aldermen. Sec. 19. Be it further enacted, that the Mayor or Mayor pro tem and three Aldermen shall constitute a quorum for the transaction of business, and majority of votes shall determine questions before them; Provided, that the Mayor or the Mayor pro tem, if he is presiding in the place of the Mayor, shall vote only in case of a tie vote; and, provided further, that all votes making appropriations or authorizing the [Illegible Text] of City funds, or fixing the salaries of [Illegible Text] and employees shall be by the yeas and nays duly recorded on the minutes and provided, further, that on any question any Alderman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. Quorum. The Mayor or Mayor pro tem, when performing the duties of the Mayor, shall have the veto power and may veto any resolution or ordinance passed by the Council, in which event the same shall not become a law or have the effect of a law unless subsequently and at the next

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regular meeting thereafter it shall be passed over his veto by a two-thirds vote of the entire Council duly recorded on the minutes; but unless he shall file in writing with the clerk of said city his veto of any measure passed by the Council, with his reasons for withholding his assent within three days after its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve the same in writing and the measure shall go into effect immediately. Veto power Sec. 20. Be it further enacted, that the Mayor shall be the chief executive officer of the City of Lakeland. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully, fully and impartially executed and enforced, and that all the officers or employees of said city faithfully and impartially discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said City, and shall preside at all meetings of the City Council; and shall preserve order and decorum, shall enforce the rules and regulations of the body, and shall have power to punish all persons for contempt of such rules and regulations as the City Council of Lakeland may prescribe. Mayor; powers and duties. He shall have power to convene the City Council in special call or extra session when in his judgment it becomes necessary, and shall do so whenever requested by two Aldermen in writing. Notice of such special call or extra session shall be given each of the members of the City Council who are in the city at the time, and at such meetings the mayor and aldermen shall have the right and power to transact any business which they are legally authorized to transact at any regular meeting. Extra session of Council. He shall have power to appoint special policemen when in his judgment such appointment may be necessary, such policemen to be discharged when the emergency requiring their services past and to be compensated as the mayor and aldermen may determine. Special policemen.

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For the purpose of the exercise by the authority of said city of police power and authority over offenses, matters or things affecting in any manner or degree health, peace, good order, safety and morals, and over persons offending against the laws or ordinances relating thereto, the corporate limits proper, heretofore defined, are hereby extended for a distance of one mile in every direction, and within said extended corporate limits power and authority to exercise such police power and authority is hereby vested in and conferred upon City Council of said City, and all valid ordinances of said city heretofore or hereafter enacted relative to or covering said offenses, matters or things or said offending persons, shall become and be operative and of full force and effect in and throughout the territory which shall be known as the city's police limits and the power and authority is hereby vested in and conferred upon any and all of the police or arresting officers of said city in the enforcement of said ordinances to make arrests, or execute warrants or other process of the city within said territory and to make arrests therein for the violation of any State law relative to said offenses, matter or things, or offending persons and all summons, subpoenas, warrants and writs issued by authority of said city shall be operative and have full force and effect in the said territory. Territorial limits for police power, etc. Enforecement. Sec. 21. Be it further enacted, that a police court is hereby created and established in said City of Lakeland to be known and designated as The Police Court of Lakeland, and the same is hereby clothed with all such powers as are inherent in courts generally and as usually belong to municipal and corporation courts, as well as those more specifically set forth herein. Said court shall hold regular sessions on such dates as may be prescribed by the city council, with the right to accept pleas of guilty and try contested cases at any time between its regular sessions, provided said defendant expresses a desire to plead guilty or is unable to give bond for his or her

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appearance at the regular session of said police court, the rights of the city and of the defendant to prepare for trial, and to have a reasonable time for said preparation, being forever preserved. Police Court. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the City of Lakeland committed within the jurisdiction limits thereof, and upon conviction to punish the offenders of such laws and ordinances by imposing such fines and sentence, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court, and to hear, try and determine all issues made therein, and to render judgments in all cases; and also to try all nuisance cases and all questions arising in reference thereto, and to grant judgments for the abatement of the same and for the removal thereof. Jurisdiction. Said police court shall be presided over by a recorder who shall be elected by the Mayor and Aldermen of said City, the office of said recorder being hereby created and established in said city. Said recorder shall preside over said police court at all of its sessions, except in case of disqualification or absence from the city, in which event said police court shall be presided over by some citizen designated by the city council. At the first council meeting after the approval of this Act a Recorder shall be elected to serve during the remainder ofthe term of office of the present city officials. The Mayor or any Alderman may be elected Recorder. Recorder. Said police court shall have the power and authority to impose sentences and impose fines therein such as may seem reasonable and just to said court, not exceeding the penalties herein next prescribed. Sentences and fines. Said police court shall have power and authority to impose fines and to inflict punishments, after convictions,

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upon all violators of the laws, resolutions and ordinances of said city by fines not exceeding two hundred dollars and by compulsory labor in the chaingang, upon the streets or public works of said city under the control and direction of the proper officers, not to exceed fifty days, either or both or a portion of either or both in the discretion of the court, and all sentences may be in the alternative and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said police court shall have the authority to impose fines for contempt of said courts not to exceed fines of twenty dollars, and to impose a jail sentence in the city jail for not longer than ten days, either or both or a portion of either or both in the discretion of the court. Contempt. There shall be kept in said police court one or more dockets on which shall appear the names of all persons charged with offenses against the laws or ordinances of said city, and the disposition of all cases shall appear on said docket, either entered by the court or a clerk, if any clerk. All cases in said court shall be tried on written accusations, based upon the affidavit of the prosecutor, signed by the prosecutor or by the city attorney for him, and also by the city attorney. Said accusation shall plainly and definitely set forth the specific charge against the accused and shall be subject to the same strictness of pleading as required for accusations in State courts. The accused may demur to said accusations under the same rules, and subject to the same rulings, as provided by law in reference to demurrers to accusations in the State courts. The accused may plead guilty if he so desires, or he may plead not guilty; in the latter event the plea puts in issue every material allegation of the accusation. Dockets. Accousations. Pleading. Said police court shall be clothed with the same powers as State courts in reference to compelling the attendance

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of witnesses, subpoenas to be issued by the clerk of council. Subpoenas. Said police court shall also have power to assess costs against each convicted defendant, in addition to a fine. Costs In the event a convicted defendant in said court is dissatisfied with the judgment or sentence of the court, he shall have the right within thirty days from such judgment to certiorari his case to the Superior Court of Lanier County, Georgia, which certiorari case shall be subject to the same rules and penalties as provided by law of this State for certioraris from police courts, certiorari being the only appeal available to such convicted person. Certiorari. The mayor and aldermen of said city are hereby empowered to prescribe costs, and each item thereof, in said police court in all cases tried therein. Costs. The cases before said police court shall be tried as speedily as possible with due regard to the rights of the accused and of the city, and continuances may be granted by the court upon proper showing made in accordance with the rules governing continuances in the Superior Courts of this State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. Trial; continuance. When any person is charged with an offense against the laws or ordinances of said city, or who is arrested for such offense, shall give bond for his or her appearance at any session of said police court, and shall fail to appear at any time appointed in such bond, then the clerk or said police court shall issue a scire facias in such police court why such bond should not be forfeited, and if, at the return term of said scire facias, in said court, no sufficient cause is shown to the contrary, judgment shall be entered upon said bond against the principal therein, and his or her surety or sureties. On entering judgment on any such bond, the clerk of said court shall issue an execution

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against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for such executions issued by said city for taxes, which executions shall be placed in the hands of any member of the police force who shall proceed to collect the same as tax executions of said city are enforced and collected. Scire facias. Execution. In any case where any person charged with an offense against the laws and ordinances of said city, or arrested for such offenses, has deposited a sum of money as bond for his appearance in said court and similarly where some other party has deposited a sum of money for the appearance of such person, does not appear at the time appointed, for which appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the recorder or other presiding police court judge, entered upon the police court docket, and shall be paid over to the city treasurer as the property of said City of Lakeland. The City Council of Lakeland shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as one usually incident and lawfully chargeable to the prosecution of said cases, same being added to the amount of the fine imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The clerk of the city council and the chief of police or any member of the police force shall be the clerk and marshal, respectively, of said police court and shall serve same in such capacity, and their duties and fees or costs shall be such as may be fixed by ordinance. Forfeitures. The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain and take exception to any decision or judgment rendered in said police court, shall have the right to have the same reviewed by writ of certiorari, which shall be applied for, issued, heard and determined

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under the provisions of the laws of the State of Georgia in such cases made and provided. Certiorari. Sec. 22. Be it further enacted, that the City Council of Lakeland shall have power and authority to establish a chaingang in and for said city, and to confine therein persons who have been sentenced by the police court to work on the streets or public works of said city; they shall have power to make such rules and regulations as may be necessary and suitable for the care, safekeeping and control of said chaingang, and to enforce the same through its proper officers, and may prescribe adequate punishment in the event of a failure of any person confined in said chaingang to complx with the terms of said sentence not in conflict with the laws of this State. Chaingang. Sec. 23. Be it further enacted, that the City Council of Lakeland shall have power and authority to maintain a city guard house and to establish and provide regulation therefor, in which shall be confined for punishment when necessary, persons sentenced by the police court for violating any of the laws or ordinances of said city as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances thereof. Guard house. Sec. 24. Be it further enacted, that it shall be lawful for the chief of police or any police officer of said city to arrest without warrant all disorderly and turbulent persons within the corporate limits of said city who will not desist on command, and confine them in the guard house until they can be brought before the police court to answer for their miscondut. And said officers are authorized and empowered to arrest with or without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any of the laws or ordinances of said city, and to hold such person so arrested until a hearing of the matter before the police court can be had; in all such cases where the offense was committed

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in the presence of the arresting officer or if the defendant is endeavoring to escape or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant, and to this end said arresting officers are authorized to imprison and confine persons arrested by them in the guard house of said city for a reasonable length of time. Arrests. The chief of police and police officers of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands, charging any persons with violating the criminal laws of this State. The chief of police and police officers of said city are also authorized anywhere within this State to arrest any person charged with violating the laws or ordinances thereof, provided when the arrest is not made within twenty-four hours after the offense is committed, said officers are not authorized to arrest the offender outside of the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem, or acting mayor. Said chief of police and police officers of said city may take bonds for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds may be forfeited as provided in this charter. Warrants. Bonds. And said City Council of Lakeland shall have power authority to authorize and require the chief of police and police officers of said city to summons any and all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons. Summons. Sec. 25. Be it further enacted, that it shall be the duty of the chief of police by himself or through the force under him and at his command, at all times, to preserve the public peace, good order and tranquility of said city and its inhabitants, to prevent the commission of crime and

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arrest offenders, to protect the rights of persons and property, to provide proper police force and protection at fires, to protect strangers and travelers at railway stations, to suppress riots and insurrections, to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and other places, to preserve order at election and public meetings and assemblages, to regulate movements of teams and vehicles in the streets, and to prevent the violation of all laws and ordinances in force applicable to the police of said city. Chief of police; powers and duties. Sec. 26. Be it further enacted, that the mayor and council of said city shall have power and authority to prevent horses, mules, cattle and all other animals or fowls from running at large or being tied or tethered on streets or sidewalks in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept, if allowed kept, and shall have power and authority to take up such animals or fowls and impound same and to punish all owners of such animals and fowls who refuse to obey an ordinance passed by mayor and council, carrying this authority into effect. Animals. Sec. 27. Be it enacted, that in order to give effect to the foregoing section, said mayor and council shall have authority to establish a pound and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound; to regulate the mode and manner of sale or disposition of impounded animals or fowls where no owner appears or where payment of impounding fees charged, penalties or cost is refused; to provide for the disposition of the proceeds of the sale of impounded animals and to provide for the punishment of all persons who, without authority, break, or enter the pound. Impounding.

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Sec. 28. Be it further enacted, that for the purpose of raising revenues for the annual support and maintenance of the government of the City of Lakeland the City Council of Lakeland shall have the power and authority to annually assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking and every other species of property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation not exceeding two and one-half per cent of the assessed value of all such property. Tax ad valorem. The City of Lakeland shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; to regulate the manner, form and time of making out tax returns, tax lists or inventories and appraisement of property subject to taxation. They shall have power to elect tax assessors, to prescribe their duties and powers, and fix their compensation and adopt such other measures and regulations, prescribe and enforce such penalties as they may deem advisable to secure due and prompt return and assessment of all property within the limits of said city, and the collection of taxes thereon. They shall have power and authority to issue executions for taxes and levy the same by their proper levying officer and bring the property levied on to sale at the time and place and manner provided by law for municipal sales for taxes or sheriff's sales for State and county taxes. They shall have further authority to provide for the redemption of such property, purchase the same at their own sales, and pass appropriate ordinances to carry into effect the provisions aforesaid. Returns. Assessors. Levy. Redemption. Sec. 29. Be it further enacted, that the City Council of Lakeland shall have power and authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds; drays, hacks, automobiles, trucks, auto-buggies and public vehicles of all kinds as well as

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private vehicles; and also traveling venders of patent medicine, soaps, notions and all other articles, except such are exempt by the laws of this State; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiard, pool and other kinds of tables, ten pins, shooting galleries and bowling alleys, and all contrivances and devices for carrying on games; also barber shops, plumbers, butcher shops, livery stables, slaughter houses, butcher pens, tan yards, automobile repair shops, blacksmith shops, steam gins, saw mills, planing mills; also auctioneers, peddlers and pawnbrokers; the sale of near beer and similar non-intoxicating beverages and imitations or substitutes for beer or malt or other liquors; and all other classes or kinds of business within the police power of said city, and to fix the amount of the licenses therefor and collect the same; and also said city council shall likewise have power and authority to levy and collect a specific or occupation tax on all businesses, occupations, professions, callings, trades or avocations, public or private, exercised within the city as may be deemed just and proper; said city council may close up and prohibit entirely any business, factory, establishment or place of business in the event the same becomes a nuisance or is dangerous or injurious to the health of the people of said city. They shall have like power to remove or cause to be removed all dilapidated buildings or unsafe buildings, fences, chimneys or structures of any kind which may be considered a nuisance or dangerous, and also to have excavations, dry wells, pits and ditches filled when deemed expedient. Licenses. Nuisances. In case of the removal by the authorities of the City of Lakeland of any obstruction of any kind or character on any of the streets, lanes, alleys, ways or sidewalks of said city, or in case of the removal or abatement of any nuisance of any kind, character or description within said city where the work of abatement or removal is done by said city; and wherein such of obstructions or nuisances

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the property owner or citizen responsible therefor shall have failed to remove the same after due notice and hearing provided by law; the costs of such work of removal or abatement shall be chargeable to the person responsible therefor or the owner of the property upon which the same exists, either or both, and such costs of removal or abatement shall be enforcible and collectible from such citizen or property owner by the issuance of an execution therefor, in the same manner that executions are issued for paving and street improvement, and shall be enforcible in the same manner as such executions, shall be subject to the same defenses and rules governing such executions issued for paving or street improvement, and shall have and be a lien of equal dignity and rank; provided, however, that in cases of sales of real or personal property under the executions herein provided, the full title thereto shall pass, there shall be no right of redemption by the owner, but such sale shall be final and conclusive and the purchaser thereat shall be vested with the full title to the property sold and entitled to immediate possession. Costs of removal. Sec. 30. Be it further enacted, that the City Council of Lakeland shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings and kinds of business that are carried on in said city, and to fix a specific or license tax on the same, and the time or times when such tax or license shall be payable and shall provide penalties for engaging in the same without first registering and paying the tax; and shall also have power to enforce the collection of the same by execution. Collection of licenses. Sec. 31. Be it further enacted, that the said City Council shall upon qualifying for the term of office [Illegible Text] and appoint a depository for all funds or monies belonging to the said City of Lakeland. The depository so named, or appointed, shall be some chartered bank, or banking institution, engaged in business in the City of Lakeland,

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and in order to be valid such appointment shall be approved by a resolution of the Council, or a majority of them, in meeting duly assembled, and said resolution shall be entered on the minutes of their proceedings. The clerk and treasurer of said City shall on every day except Sundays and legal holidays, deposit all money in his hands belonging to the City in said depository and file the record thereof. All monies or funds of the city so deposited in the city depository shall be checked out only upon vouchers signed by the city clerk, and countersigned by the mayor of said city, or such other alderman as may be designated by a resolution of the council in meeting duly assembled, and entered upon the minutes of their proceedings. Depository. Sec. 32. Be it further enacted that the City Council of Lakeland shall have power and authority to require, compel and make all persons between the ages of twenty-one years and fifty years subject to road duty under the laws of this State, resident in said city, to work on the streets of said city not to exceed eight days in each year, at such times as the city council may order; or to pay a commutation tax in lieu thereof not to exceed forty dollars in any one year, as said city council may determine. Should any person subject to work the streets of said city under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do from the chief of police or any member of the police force, he shall be deemed guilty of a violation of this section and on conviction in the police court of said city shall be fined in the sum not exceeding ten dollars, or be punished by imprisonment in the guard house or by compulsory labor on the streets in the chain-gang of said city not exceeding twenty days. Thirty days' continuous residence in the corporate limits of said city shall be sufficient to constitute a person a resident of said city so as to subject him to liability to street work. The city council may pass such ordinances as they deem

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proper and necessary for enforcing the provisions of this Section. Read Tax. Sec. 33. Be it further enacted, that the City Council of Lakeland shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to-wit: Bonds. For building, equipping and maintaining waterworks and electric light system for said city and laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, highways and lanes, alleys and crossings of the city, and for the purpose of building a city hall and any other public building and works, and making any other public improvement that may be needed for said city. Purposes. Before any bonds of said city shall be issued for any of the foregoing purposes, the City Council of Lakeland shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinance call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Resolution. Such an election or elections may be called at any time or times or from time to time, for issuing bonds for any one or more or all of the before stated purposes as deemed expedient by said city council; provided, always that the limits of the total bonded indebtedness of said city as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city as prescribed by the Constitution and laws of the State, vote in favor of issuing bonds at any election called by said city council as hereinbefore provided, then and in such event said city council shall at any time before

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the time of issuing the bonds authorized by such election provide for the assessment, levy and collection during the life of said bonds of an anal tax upon all the property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and.all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial paper; and said city council is hereby authorized to negotiate and sell any of said bonds or series of bonds issued by said city and the proceeds of such bonds when sold shall only be applied for the purpose or purposes for which they were respectively issued. Election. Tax. Sec. 34. Be it further enacted, that whenever any bonds are issued by said city, it shall be the duty of the city council of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity; and the city council of said city is hereby required to create a board of commissioners to be known as The Sinking Fund Commissioners of the City of Lakeland and to provide for the number of persons who shall compose such commission, and for their election and qualification, terms of office, compensation, if any, duties and powers, and to make all needful rules and regulations for the government of said commission and for the management of said sinking fund. Sinking fund. Sec. 35. Be it further enacted, that the City Council of Lakeland shall have power and authority when necessary to supply casual deficiencies in the revenues of said city; to negotiate a temporary loan or loans and execute a note or notes therefor, in the name of said city, as may be provided by special resolution or ordinance for that purpose. Loans. Sec. 36. Be it further enacted, that the City Council of Lakeland shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares of

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said city, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks, and for widening, straightening and grading or in any way changing the street line and sidewalks, of said city, and when said city council desires to exercise the power and authority as to condemnations herein granted, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Sections 5206-6235 inclusive of the Code of Georgia of 1910, and the Acts amendatory thereof. The city council may abandon or discontinue such proceeding at any time upon payment of accrued cost. Streets, etc.; exclusive control. (a) The City Council shall have full power and authority to remove or cause to be removed any building, steps, fence, trees, gates, post or other obstruction or nuisance in the street, alley, lane, sidewalk or other public places in said city, and to enforce the provisions of this section by appropirate ordinance, and assess the costs of same as hereinbefore provided. Removal of obstructions. (1) That the City Council of Lakeland 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 Lakeland, 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 limitation prescribed in this Act. Improvements. (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 city council 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

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railway company, and if such railroad company shall fail or refuse to comply with the order of said City Council to make such improvements by paving, macadamizing andor draining the same after receiving thirty days' notice to do said work, such work may be done by said City Council at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the City Council of the City of Lakeland 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. Railway property. (3) That whenever the said City Council 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 Lakeland, said City Council shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two (2) consecutive issues of a weekly newspaper published and having a general circulation in the City of Lakeland, 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 city council 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 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 City Council for such improvement of any street or part of street, alley, way, lane

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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 City Council to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in such case the resolution hereinbefore mentioned shall not be required. Resolution to pave, etc Notice. Objections proviso as to petetion. (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, ayenues, lanes or alleys shall be assessed as real estate abutting upon the street, lane, alley, way or evenue paved or otherwise improved, and the said 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, 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. Assessments. Intersections (5) That whenever the petition provided for in Paragraph three of this Section is presented, or when the said City Council 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 city council shall then have the power to enact all ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water or sewer pipe connections to connect with any existing water or sewer pipes in and underneath the streets, avenues, lanes, alleys and

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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. Collection of assessments. (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 City Council shall adopt a resolution reciting that no such protest has been filed or the filing of such petition, as the case may be, and expressing the determination of said City Council 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 Clerk 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 City Council shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said City Council 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 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 for not

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less than five (5) years from the time of its completion or both, in the discretion of said City Council. Said resolution shall also direct the City clerk 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 City Council. Said notice shall be published in two (2) consecutive issues of a weekly newspaper of general circulation in the City of Lakeland. At the time and place specified in such notice the City Council 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 City Council as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the city clerk with the plans and specifications and the said City Council 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; recitals and specifications in Advertisement for bids. Right to reject all bids; re-advertising. (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 City Council shall by resolution appoint a Board of Appraisers, consisting of the Mayor, the City Clerk, 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 hereinbefore provided. Within ten (10) days from the date of the resolution appointing

Page 1251

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 City Council shall appoint a time for the holding of a session of the City Council or shall designate a regular meeting of the City Council 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 two (2) consecutive issues of any weekly newspaper of general circulation in the City of Lakeland, and said notice shall provide for the 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 City 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 of Appraisers or as corrected by said City Council. Assessments in conformity 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 cent) 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 City Council 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

Page 1252

per cent) over and above the rate of interest stipulated in the bonds herein provided for. Board of Appraisers. Report. Objections. Hearing. Notice. Review. Installments. (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 Lakeland and relieve their property from the lien of said assessment, which money so paid to the said treasurer shall be distributed pro rata between the contractor and the city in proportion to the respective interests. First installment due, when. Payment in 30 days without interest. (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 coequal 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 City Council, after the expiration of thirty (30) days from the passage of said ordinance

Page 1253

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 City Council may determine, which bond or bonds shall in no event become a liability of the City Council of the City of Lakeland issuing same. One-tenth 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 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 or streets or 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 improvements 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 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, by the said City Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay

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other expenses incident to and incurred in providing for said improvements, shall be sold or otherwise disposed of as the said City Council 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. Bond issue. Payable from assessments Recitals in bond. Not to be sold below par. Registration. (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 Lakeland, who shall give proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purpose. Collection of assessments. 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 weekly newspaper published in the city of Lakeland 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

Page 1255

the party or persons 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 Lakeland, 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 bidder 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 provided in Sections 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 Superior Court of Lanier County, Georgia, and there shall 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 nowise affect the validity of the assessment and interest and the execution issued therefor. Notice. Execution. Levy and sale. Affidavit of illegality. Failure to publish notice. (12) That no suit shall be sustained to set aside any such assessment or to enjoin the said city Council from making any such assessment or levying or collecting any

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such assessments, or issuing such bonds or providing for their payment as herein authorized or contesting the validity thereof on any ground or for any reason, other than for the failure of the City Council 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 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 City 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. Suit to set aside assessment. (13) That in all cases where the said City Council shall deem it necessary to repave, redrain, remacadamize, 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 City Council of said City the pavement is worn out and no longer serviceable. Repaving, etc. (14) That whenever the abutting land owners of any street, alley, way, avenue or land of said city petition the said city council as herein set out, or said City Council pass the resolution provided for in Paragraph three of this section, for the pavement of any street, avenue, alley, way, or lane or other public places, where the State

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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 Lanier County is authorized to sign in behalf of the county; and where the City of Lakeland is the owner, the Mayor of Lakeland is authorized to sign in behalf of the city. That the provisions of this section shall in nowise annul and void the other provisions under this charter of the City of Lakeland in reference to paving within the Cty of Lakeland, but the same shall be in addition to such provisions for the paving within said city. Petition. And in all cases where street paving or repairing is contemplated on any street or highway in the city in which mains, sewers, pipes, or electric wiring pipes are laid, or are to be laid, the city shall have the power to extend such mains, sewers, 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 mains, etc. Sec. 37. Be it further enacted, that the City Council of Lakeland, in the name of the city, shall have full power and authority for or to condemn any land, pond, lake, dam, stream or premises within or without the corporate limits of the City of Lakeland whether private, public or semi-public, for the purpose of establishing and maintaining a system of water-works, sewerage and electric lights, or any of them, for said City, or for the purpose of maintaining, extending, enlarging or improving them

Page 1258

or any of them; or for any other corporate use or purpose; and for either or all of said purposes; provided however, that whenever the right to condemn such lands, pond, lake, dam, stream, or premises herein granted to be exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use, as contained in Article 1, Chapter 9 of the Code of Georgia, of 1910, beginning with Section 5206 thereof, and embracing all sections following the same having reference to condemnation of private property for public use, and as provided by Acts amendatory thereof, and such other provisions of the Constitution and General Laws of the State as may be applicable thereto. Condemnation. Sec. 38. Be it further enacted by the authority aforesaid, that the City Council of Lakeland shall create and maintain a Chamber of Commerce, and is hereby authorized to prescribe such rules and regulations and employ such officers and employees and make such expenditures for its operation as in their discretion appears best for the interest of said City. And said City Council is hereby authorized to appropriate such annual sum for the maintenance and operation of said Chamber of Commerce as it may seem proper. And said City Council of Lakeland shall be and is hereby authorized to annually assess and levy an ad valorem tax on all taxable property within the corporate limits of said City of Lakeland, in addition to all other taxes assessed and levied by said city, sufficient to raise the funds necessary to create, establish, maintain and operate said Chamber of Commerce. Chamber of Commerce. Sec. 39. Be it further enacted by the authority aforesaid, that said City Council shall arrange a fiscal year for said City, and shall adopt a budget system of finance for said City; and at the end of each fiscal year the books and fiscal affairs of said City shall be audited by some competent person employed by said City Council, and a

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new budget prepared for the ensuing fiscal year, and the same shall be strictly adhered to under personal penalty on the part of said city council for any additional expenditures not carried therein; a copy of said audit and budget shall be spread on the minutes of said City Council and a copy thereof shall be published in the official organ of the said city. Said City Council being hereby directed to select some paper in Lanier County for the official organ of said city. Fiscal year. Sec. 40. Be it further enacted, that the City Council of Lakeland shall have the power and authority to regulate by ordinance the speed at which automobiles, bicycles, and other vehicles of any description shall be driven through the streets, alleys or public places of said city and to prohibit the use of the public sidewalks of said city by other than pedestrians, and to regulate the size and weight of any truck, bus or other vehicle driven on the streets of said city, and to punish violators of such rules, regulations or ordinances as they may pass on the subject embraced in this section. Speed laws. Said City Council shall have power and authority to regulate the speed at which locomotives or trains shall be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives and stationary engines, and factories and mills within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said city. Sec. 41. Be it further enacted, that the City Council of Lakeland shall have power and authority to grant franchises, easements and rights-of-way over, in, under, on, or along the public streets, lanes, alleys, sidewalks, parks, and other property of said city, on such terms and conditions as they may fix by ordinance. Franchises, etc.

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Sec. 42. Be it further enacted, that the City Council of Lakeland shall have full and absolute power and authority to control by ordinance all city pipes, sewers, and drains, private drains, water closets, privies and the like in said city, and to prescribe their location, structure and use, and to make rules and regulations, and to pass such ordinances concerning them or their use in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said city. Sewers, etc. Sec. 43. The City of Lakeland, acting by and through its Mayor and Council, 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 Lakeland and assess any or all costs of the building, equipment and maintenance of such 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 p[UNK]roperty bears to the entire cost 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 purpose 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 the owners thereof, according to the proportion such abutting real estate bears to the whole costs of said improvements 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

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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 herein provided; provided, that all advertisements may be made in the official organ of said city, and provided, to any execution issued under provisions of this section, the defendant 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 the 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 returnable for trial to the Justice's Court of the 1300th District, G. M., said County of Lanier when the principal amount of execution thus levied upon personalty does not exceed one hundred dollars, or to the County Court of Lanier County when the principal amount of the execution exceeds one hundred dollars, or if levy upon real estate, then to the Superior Court of Lanier 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

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filed for delay. The lien for such assessments and the execution 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 the United States, and shall have priority over all 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 adjacent to such abuting 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

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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 Lakeland 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 contractor or contractors of such improvements, or parties furnishing 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 purpose of paying for such improvements, and said city shall have 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, rates of interest and the time 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 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 maintain sewerage system. Assessments. Lien of assessment. Execution. Levy and sale. Advertisement. Affidavit of illegality. Date of lien. Rules. Notice. Drainage certificates. Payable from assessments. Sec. 44. Be it further enacted, that the City Council of Lakeland shall have full power and authority to declare what shall be deemed a nuisance in said city and to provide for the abatement of the same. The police court of said city shall have concurrent jurisdiction with the

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City Council with respect to the trial and abatement of nuisances in said city. Nuisances. Sec. 45. Be it further enacted, that the City Council of Lakeland shall have full power and authority to own, construct, extend, enlarge, operate and maintain for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of water works and a system of electric lights whenever they may consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates. Water and lights. Sec. 46. Be it further enacted, that the City Council of Lakeland shall have power and authority to adopt any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change and modify the same from time to time, to prescribe how and of what material buildings within said district may be constructed and erected; how thick walls shall be, the manner in which chimneys, flues and stovepipes shall be constructed, and to make such rules, regulations and requirements as they may deem necessary to so far as possible protect said city from fire or to prevent or stop conflagration. Fire district. Sec. 47. Be it further enacted, that it shall be the duty of the City Council of Lakeland to provide such fire protection for said city as in their discretion said city can afford, or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as may be deemed advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this section and afford protection from fire or conflagration to property in said city. Fire department. Sec. 48. Be it further enacted, that the City Council of Lakeland shall have power and authority to make and enforce all ordinances necessary and precautionary

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for the prevention of any contagious or infectious diseases or the spreading or communicating thereof; to declare, maintain and enforce quarantin rules and regulations in regard thereto, and to punish any violations of any of said rules or regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house within or without the limits of said city, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond or within the limits of said city. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious or infectious diseases when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether residents or so-journers, to be vaccinated, and may provide vaccine virus and employ physicians at the expense of said city to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated. And in the same manner provide for innoculation against typhoid fever and other diseases. Health regulations. Said Mayor and Council shall have authority in their discretion to establish and put in operation a board of health to function in all manner as is usual to a Board of Health, and to pass ordinances and regulations prescribing penalties for violation of same. Board of Health. Sec. 49. Be it further enacted, that the City Council of Lakeland shall have power and authority in their discretion to acquire by gift, purchase or otherwise, on behalf of said city, land or ground suitable for a park or parks for the use of the public and as may be in their judgment to the health, interest and welfare of the citizens of said city. They shall have power and authority to improve, beautify and keep up the same, and to that end may make appropriations therefor, and to provide such officers or

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employees as may be necessary to care for, protect and keep the same in order. Public grounds. Sec. 50. Be it further enacted, that the City Council of Lakeland shall have power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places and parks in said city, and to prevent the cutting, impairing or mutilating thereof by telephone or telegraph companies or employees or by other persons unless the same is done under and with the express and formal consent of the city council, or some officer appointed by them to direct the same, and then only when absolutely necessary. Shade trees. Sec. 51. Be it further enacted, that the City Council of Lakeland shall prescribe by ordinance how and by whom purchases for supplies, materials and other necessary articles for said city and any department thereof shall be made or contracted in behalf of said city, and no purchase made in any other manner or by any other person than as prescribed in such ordinance shall be valid or binding on said city. Purchases. Sec. 52. Be it further enacted that in case the Mayor or any Alderman while in office shall be guilty of malpractice or wilful neglect of duty in office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station or convicted and sentenced of violating the criminal law of the State, involving moral turpitude, he shall be subject to be impeached by the city council or by the aldermen composing the council in case of the mayor, and upon conviction by not less than three (3) votes shall be removed from office. Impeachment in council. Section 53. Be it further enacted, that the City Council of Lakeland shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the City of Lakeland, and they shall have power and authority to provide by ordinance a penalty for the use of

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profane, vulgar or obscene language, and to punish lewd and disorderly conduct within the limits of said city, and to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof. Disorderly conduct. Sec. 54. Be it further enacted, that all ordinances, bylaws, rules and regulations heretofore adopted by the Mayor and Council of the Town of Milltown, which are now in force and not inconsistent with, or repugnant to, any provision of this Act shall remain in full force and effect under this Charter until repealed, altered or amended by the City Council of Lakeland. Present ordinances continued. Sec. 55. Be it further enacted, that the recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts as recited in any court in this state and shall be taken as prima facie true. Recitals in deeds prima facie evidence. Sec. 56. Be it further enacted, that the City Council of Lakeland shall have power and authority to adopt a code of ordinances and to amend and repeal the same or any part thereof. Code of ordinances. Sec. 57. Be it further enacted by the authority aforesaid, that if for any reason, any section, provision, clause, sentence, phrase, word, or any part of this Act shall be held to be unconstitutional, or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause, or part of this Act, which is not in and of itself unconstitutional or invalid, and the remaining portions ofthis Act shall be enforced without regard to the section, provision, clause or part so held to be invalid or unconstitutional. Portions held invalid not to affect whole. Sec. 58. Be it further enacted, that the enumeration of powers contained in this Act shall not be considered as restrictive, but the City Council of Lakeland and the authorities

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of said City may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the city council may pass all laws and ordinances, rules and regulations that they may deem needful and proper for the general welfare and protection of said city, and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined the city council may prescribe the method of exercising them or they may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act, or the laws of this State. General powers Sec. 59. 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, 1925. MONROE ZONING SYSTEM. No. 97. An Act to amend the Charter of the City of Monroe, granted by the General Assembly of the State of Georgia and approved December 3rd, 1896, and found in Acts of Legislature of said year on pages 212 to 225, and amendments thereto, so as to authorize the Mayor and Council of the City of Monroe, to establish what is known as a zoning system in and 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 an Act establishing a charter for the City of Monroe, approved December 3rd, 1896, and the several Acts amendatory thereof, be and the same is hereby amended as follows: Act of 1896 amended.

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Sec. 1-A. Zoning Regulation. The Mayor and General Council may in the interest of the public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the 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 for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The City may be divided into such number of zones or districts and such districts may be of such shape and area as the Mayor and General Council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of 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, quas-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, conveniences prosperity or welfare. Zoning regulation. Purposes. Classifications. Sec. 1-B. Residence Sections. For the reasons above stated, said Mayor and General Council shall have the further right and power in any districts proposed to be set aside primarily for residence purposes to further classify the use thereof and to provide therein the class or classes of residence 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. Residence sections. Sec. 1-C. Preparation of Plan. Notice and Hearing. Ordinance. No Ordinance adopting zoning regulations

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as above authorized shall be passed by the Mayor and the General Council until after a comprehensive plan for the zoning of the city has been prepared and submitted to the Mayor and General Council by the City Planning Commission. Whenever the City Planning Commission shall certify to the Mayor and General Council a plan for the zoning of the city, the Mayor and General Council 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 Mayor and General Council. No Ordinance, measure or regulations which violates, differs or departs from the plan or report submitted by the City Planning Commission shall take effect unless passed by the Mayor and General Council. Preparation of plan. Notice and hearing. Ordinance. Sec. 1-D. Amendment of Zone Plan. The Mayor and General Council 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 fifteen days, for consideration and report. Whenever the owners of 50 per cent of the land in any area shall present a petition duly signed and acknowledged to the Mayor and General Council requesting an amendment of the regulations prescribed for such area it shall be the duty of the Mayor and General Council to vote upon such amendment within sixty days of the filing of same by the petitioners with the City Clerk. Amendment. Sec. 1-E. Board of Zoning Appeals. The zoning regulations shall be enforced and administered by the

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inspector of buildings under the rules and regulations of the Board of Zoning Appeals. The Mayor and General Council shall create a board of zoing 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 Mayor and General Council may authorize the Board of Zoning Appeals to administer the details of the application of any zoning regulation and may delegate to such 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 Mayor and General Council 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. Sec. 1-F. Certiorari to Review Decision of Board of Zoning Appeals. Every decision of the Board of Zoning Appeals shall be subject to writ of certiorari issued from the Superior Court upon the same terms as such writs are issued in any case. 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 is hereby repealed. Approved July 29, 1925.

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MOULTRIE; CONDEMNATIONS; WATER AND LIGHTS. No. 214. An Act to amend the charter of the City of Moultrie, Georgia; to provide for a condemnation and removal of burned and untenantable buildings and to assess the cost thereof; to provide for the collection of water and light charges; and for other purposes. Section 1. Be it enacted by the General Assembly of the state of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act, the City of Moultrie, Georgia, shall have power and authority by resolution to condemn as a nuisance and to remove any burned or untenantable buildings in said city, and to assess the entire cost of said removal against the property on which said building is located and against the owner thereof. Authority to condemn as nuisance. Sec. 2. Be it further enacted by the authority aforesaid, That the said City of Moultrie is hereby empowered to enforce the payment of said assessment for the removal of said buildings by execution against the property and the owner thereof, which said execution shall be issued and levied like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner and shall be subject to all the incidents of purchase by the city and redemption by owner as provided by section 879 et seq. of Park's Ann. Code of Georgia, 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 the whole or any part of the amount for which the execution is issued is due, and the reason why same is not due, which amount so admitted shall be paid before the affidavit is received, and said affidavit so received shall be returned to the Superior Court of Colquitt County

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and there tried, and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay. Execution. Levy and sale. Affidavit of illegality. Sec. 3. Be it further enacted by the authority aforesaid, That said City of Moultrie shall have power and authority by resolution to provide for the collection of water and light charges, and to enforce the payment of any charge for any water and lights by execution against the person, which said execution shall be issued like executions for taxes under existing ordinances or such as may hereafter be made applicable to the subject. Collection of water and light charges by execution. Sec. 4. Be it further enacted by the authority aforesaid, That said city shall have the power and authority to pass ordinances to provide for the manner of carrying the provisions of this Act into effect. Ordinances to enforce. Sec. 5. 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, 1925. NAHUNTA, CITY OF, INCORPORATED. No. 84. An Act to create and incorporate the City of Nahunta, in the County of Brantley, and grant a Charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said City, and to declare the rights, powers, privileges and liabilities of said corporation, to authorize said City, to issue bonds and other evidences of debt for public purposes; to declare and define the police powers of said City; and to provide for other matters of municipal regulation, concern and welfare, 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 City of Nahunta, in Brantley County, Georgia, be and is hereby incorporated, and by that name it shall have perpetual succession, and said corporation is hereby vested with the right to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, and to do such other things as may be needful for the government, good order and welfare of said City, and to exercise such rights, powers and functions as may belong to municipal corporations generally under the law, as well as those hereinafter specifically enumerated. Corporate name and powers. Sec. 2. Be it further enacted by the authority aforesaid, That said corporated body under the name and style of the City of Nahunta, shall have the right and power to purchase, acquire, lease, receive, hold, enjoy, possess, and retain for the use and benefit of said City any property, real or personal, of whatever kind or nature, within the limits or without the limits of said City, for corporate purposes; and shall have the right and power to sell, convey, lease, transfer and assign, or otherwise deal with, all of the property of the said City. Power to acquire, hold, and dispose of property. Sec. 3. Be it further enacted by the authority aforesaid, That the corporate limits of the City of Nahunta, shall be and comprise all that territory embraced within the following boundaries: Beginning at the Northwest corner of lot of land No. eighty-eight (88) in the second Land District of Brantley County, Georgia, and running North in a lot line direction a distance of ten (10) chains; thence East in a lot line direction, a distance of ninety-two (92) chains; thence South in a lot line direction, a distance of fifty (50) chains; thence West in a lot line direction, to the Eastern boundary of said lot No. eighty-eight (88), at a point forty (40) chains South of the Northwest corner of said lot No. eighty-eight (88); then following the line of said lot No. eighty-eight (88) to the

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Southeast, Southwest, and Northwest corners of said lot No. eighty-eight (88); the said Northwest corner being the original starting point. Territorial limits. Sec. 4. Be it further enacted by the authority aforesaid, That the government of the said City of Nahunta shall be vested in a Mayor and four Aldermen, to be known as City Council, who shall hold office as hereinafter provided. City Council; Mayor and four Aldermen. Sec. 5. Be it further enacted by the authority aforesaid, That the term of the Mayor and Aldermen of said City of Nahunta, shall be two (2) years and until their successors are elected and qualified, and the first election for Mayor and Aldermen under this Charter shall be held on the first Wednesday in October, 1925, bi-ennially thereafter on the frist Wednesday in October. In the event a vacancy occurs in the office of Mayor or Alderman for any reason, the City Council shall order an election to fill the vacancy; the election to fill said vacancy shall be held and managed the same as regular elections as hereinafter provided. Ten days notice shall be given of said election in the official gazette of said city; said notice to be published one (1) time. However, if the vacancy in the office of Mayor or Alderman occurs within six (6) months from the date of the next regular election, the City Council shall select some fit and proper person to fill the vacancy. Term. Vacancy. Notice of election. Sec. 6. Be it further enacted by the authority aforesaid, That the first election for Mayor and Aldermen of the City of Nahunta shall be held under the supervision of the Ordinary of Brantley County, Georgia; said Ordinary shall appoint three managers for said election, said managers to be qualified voters; the polling place of said election shall be the court house of Brantley County, Georgia. First election. Sec. 7. Be it further enacted by the authority aforesaid, That the persons elected Mayor and Aldermen at

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the said first election shall take office on the first Wednesday in December, 1925, and that at all future elections said officers shall take office on the First Wednesday in December, next after their election. To take office, when. Sec. 8. Be it further enacted by the authority aforesaid, That all elections for Mayor and Aldermen after the first election, and elections on any question to be submitted to the voters of said City, shall be held at such place or places within said City as may be fixed by the City Council. The City Council shall have full power and authority to establish as many polling places as it may deem necessary. All elections shall be held by three citizens of said City who are qualified to vote in elections therein, and said elections shall be held in the same manner under the same rules and regulations as are elections for members of the General Assembly, except that the polls shall open at 10 o'clock A. M. and close at 3 o'clock P. M. The Mayor shall look after the holding of the election and provide managers therefor, who shall be paid such compensation for holding the elections as City Council may prescribe. In elections for Mayor and Aldermen, the managers shall deliver certificates of election to the persons whom they find have received the greatest number of votes for Mayor and Aldermen respectively. Elections. Polls. Sec. 9. Be it further enacted by the authority aforesaid, That if, for any reason, there is a failure to have the regular election for Mayor and Aldermen at the time provided for in this Charter, it shall be the duty of the City Council to order an election as early as practicable thereafter, by giving at least ten (10) days notice of the same, which notice shall be published in the official gazette of said City one (1) time, and such election shall be held and managed and the result declared as at regular elections. Failure to hold election. Special election; notice. Sec. 10. Be it further enacted by the authority aforesaid, That any person shall be a qualified voter in all

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City elections and eligible to the office of Mayor or Alderman who is a citizen of said City and who has resided in the State one (1) year, and in the City of Nahunta for six (6) months preceeding said election, and who is not under twenty-one (21) years of age, and who is entitled to register under the registration laws of this State. Qualifications of voters. Sec. 11. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the Mayor and each Alderman shall take and subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving upon me as Mayor (or Alderman as the case may be) of the City of Nahunta, according to law, to the best of my ability and understanding, so help me God. Mayor and Aldermen; oath of office. Sec. 12. Be it further enacted by the authority aforesaid, That the Mayor of said City shall be its chief executive officer. He shall see that all laws ordinances, rules and regulations of said City are faithfully and fully executed, and that all officers of said City faithfully execute the duties required of them. He shall have general supervision of the affairs of said City and shall preside at the meetings of the City Council and at the police courts and shall have authority to convene the Council in extra session whenever he deems it proper to do so. The Mayor shall not have the right to vote on any question before the City Council, except in the election of officers of the City and in case of a tie. He shall have special control of the police of the City, and he shall see that the peace and good order of the City is preserved, and that persons and property therein are protected, and to this end may cause the arrest and detention of all violators and disorderly persons in the City before issuing his warrant therein. He shall in all things exercise a general supervision over the affairs of the City

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and shall make such recommendation to the City Council from time to time as may to him seem proper for the public good. He shall have the power also to pardon persons who are convicted of offenses against the City ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the Mayor's Court of said City. Mayor; powers and duties Sec. 13. Be it further enacted by the authority aforesaid, That the Mayor shall have the revision of all ordinances, orders and resolutions passed by the City Council, and the said Mayor shall have five days after the meeting of City Council at which an ordinance is passed to file with the clerk in writing, his approval or disapproval of such ordinance. In case of veto the ordinance shall not become effective unless it be again passed by the Council of said City by a two-thirds majority of all the members of the said City Council, the vote to be taken by yeas and nayes and entered on the minutes. Unless the Mayor files his veto within five days the ordinance shall become effective, at the expiration of said time. Veto and revision. Sec. 14. Be it further enacted by the authority aforesaid, That the City Council shall select a Mayor pro tem from its membership to discharge the functions of the Mayor in case of the absence, disqualification, disability of the Mayor, and if said Mayor pro tem for the same reasons cannot act then another Alderman shall be selected by said City Council to act temporarily. Mayor pro tem. Sec. 15. Be it further enacted by the authority aforesaid, That the Mayor and two Aldermen shall constitute a quorum for the transaction of any business before the City Council at any regular or special meeting, and that a majority of the votes shall determine all questions and elections before the City Council except in the matter of passage of ordinances over veto of the Mayor as hereinbefore provided. City Council shall hold regular meetings, at least once a month, and oftener if they

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think best, at stated times, and at stated places in said City. Said time and place to be selected by the said City Council and to be changed by said City Council, as often as may be deemed expedient. The adoption of a time and place for holding said meeting shall be entered on the minutes. Said City Council may hold special meetings to be called by the Mayor, or in his absence or sickness by the Mayor pro tem, upon their own initiative, or two (2) members of the City Council request in writing that such special meeting be called, it shall be compulsory upon the Mayor or Mayor pro tem to comply with said request. Notice of such special meeting shall be given to each member of City Council in the City at the time, and at such call or special meeting the City Council shall have the right and power to transact any government or municipal business which it is legally authorized to transact at any regular or stated meeting. At any meeting any Alderman shall have the right to call for a yea and nay vote upon any question requiring action by City Council, or upon the passage of any ordinance, order or resolution, or upon the election of any officer of said City, and have the same recorded on the minutes All meetings of the City Council shall be public, and the public shall be allowed at all times to witness said deliberations, except when the City Council resolves itself into executive session, when the public shall be excluded Quorum. Meetings. Sec. 16. Be it further enacted by the authority aforesaid, That said City Council shall have full power and authority to pass all ordinances, rules and regulations that may be necessary for the government of said City, not repugnant to the Constitution and laws of this State or the United States, and said City Council shall have the right to make such contracts and do such things as may be necessary or expedient for the peace, good order, health, safety, benefit and general welfare of said City and of the inhabitants thereof; and shall also have the right and power to exercise the full police power of the

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State within said City, and also to make rules and regulations and adopt such resolutions and ordinances as may be necessary to conserve, promote and protect the welfare, health, morale, peace and good order of said City and the inhabitants thereof. Ordinances, etc. Police power. Sec. 17. Be it further enacted by the authority aforesaid, That all ordinances, orders and resolutions shall become effective as soon as adopted by the City Council and approved by the Mayor, but as stated aforesaid when the Mayor allows more than five days to elapse after the passage of the ordinance without approving or disapproving the same, the same shall, after such time, become operative as if approved by the Mayor. In the event the Mayor shall veto any ordinance as hereinbefore provided, he shall at the next regular meeting of City Council, submit in writing his reasons for such veto. All ordinances shall be entered upon a book of ordinances by the Clerk. Ordinances, when effective. Sec. 18. Be it further enacted by the authority aforesaid, that the City of Nahunta is hereby granted the power of eminent domain, and the mayor and aldermen are hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said City, for public parks, water supply, sewers, farms for handling and disposing of sewerage, for sites for electric light and power plants and for other public purposes and improvements, as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking or damaging private property, approved December 18, 1894, as found in Sections 5206 to 5235 inclusive of the Code of Georgia of 1910, and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the City. Eminent domain. Sec. 19. Be it further enacted by the authority aforesaid, that the mayor and aldermen of said city are here

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by authorized to elect for said city annually, and for a term of one (1) year, unless sooner discharged, a clerk, treasurer, city marshal, and as many police as they may think necessary, a board of health, sanitary inspector, building inspector, city physician, city attorney, tax receiver, tax collector and tax assessors, and such other officers as from time to time may become necessary, and to fix their salaries; and to require them to give bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines, at their discretion, and all officers elected or appointed by said mayor and City Council shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the City Council at any time they see fit to make such suspension, removal or dismissal, and no officer so suspended, dismissed or removed shall be entitled to any salary whatever during suspension, or after dismissal or removal, no matter whether the time for which he had been appointed or elected has expired or not. The mayor and City Council may elect or appoint the same person to discharge and perform the duties of more than one office, and all such officers shall be elected at the first regular meeting of City Council after this Charter goes into effect, and thereafter at the first regular meeting in December of each year or so soon thereafter as possible. City Council need not elect any officers herein specified unless they deem it necessary to do so. Officers. Sec. 20. Be it further enacted by the authority aforesaid, that the compensation or salaries of mayor and aldermen, and all other officers, servants and employees of the City, shall be such sums as the City Council may fix; provided however, that the mayor's salary shall not exceed Sixty ($60.00) dollars per year, and that of the aldermen shall not exceed Twelve ($12.00) per year each, but the mayor and aldermen and such other officers as they may designate shall, in addition to their salaries be relieved of street tax and street duty. Salaries.

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Sec. 21. Be it further enacted by the authority aforesaid, That the City Council of Nahunta, in order to raise the necessary revenue to properly carry on the government of said City and for all such other purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health and advantage of said City and of the citizens thereof, and for the rational improvement of said City, not forbidden by law, shall have the right and power to levy and collect an valoren tax not exceeding one ($1.00) dollar on every one hundred (100.00) dollars upon all the property, both real and personal, within the corporate limits of said City, which is subject to tax under the Constitution and laws of this State, and shall also have the power to impose and collect such tax as they, the City Council, may deem necessary and proper upon all trades, business callings, sales, pursuits, and occupations, except such as are exempt from municipal tax under the laws of this State. They also shall have the right and power to tax, regulate and control all livery stables, automobiles, drays, wagons, carts, hacks, garages, shows, circuses, peddlers, or keepers of shooting galleries, tenpin allies, or keepers of any tables, place or stand for the performance of any game or play, whether played with sticks, balls, rings or other contrivances, or skating rinks, for gain. They may enforce payment of such special taxes by license or direct tax in such manner as they may deem best and most advantageous, and may pass ordinances, fixing punishment for failing to pay tax and taking out such license to do business as City Council may require. Tax ad valorem. Licenses. Collection. Sec. 22. Be it further enacted by the authority aforesaid, That all male residents of said City of Nahunta, between the ages of twenty-one (21) and sixty (60) years (except such as are specially exempted under law) shall be subject to work on the streets of said City not to exceed five (5) days each year, or pay commutation

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tax in lieu thereof not to exceed five dollars ($5.00), as the Mayor and City Council of said City may determine. Should any person liable to work on the streets of said City under this section fail or refuse to do so, or to pay the commutation tax assessed in lieu thereof, on or before the first day of the time fixed by the City Council for the working of said streets, after having received due notice, from the Marshal, or some other police officer of said City, so to do, such person may be sentenced by the Mayor to work upon the streets of said City for and during a term not exceeding twenty (20) days, under the direction and control of the proper officer, or be confined in the guard house of said City, or such other place of confinement as may have been designated by the City Council, for a term not exceeding twenty (20) days, or to pay a fine not exceeding twenty ($20.00) dollars, or both, or all, in the discretion of the said Mayor. Thirty (30) days residence in the corporate limits of said City shall be sufficient to constitute a person a resident of said City so as to subject him to liability to do street work. Road tax. Sec. 23. Be it further enacted by the authority aforesaid, That the said City Council shall have the power and authority to impose a tax not exceeding one ($1.00) dollar per capita per annum on each dog, owned or kept within said City, and shall have the power and authority to pass such ordinances as they may deem necessary to collect such tax, or otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of said City to impound or kill any dog or dogs at large within the limits of said City, whose owner has failed or refused to pay such tax, or may otherwise provide for the punishment of said owner. City Council may issue tags to those paying the tax imposed on dogs and may require that owners shall have such tags fastened to and worn by the dog on which the tax has been paid, and may provide that where dogs

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are found without tags they may be impounded and killed under the provisions of this section. Dog tax Sec. 24. Be it further enacted by the authority aforesaid, That all writs, processes, subpoenas, summons, rules of all kinds, warrants, all executions for any and all kinds of taxes, licenses, fines, assessments, forfeitures, or demands made by the City or its corporate authorities against any prson, firm, company or corporation whatsoever, shall be issued and signed by the Clerk of Council and bear test in the name of the Mayor, and shall be directed to the Marshal and police of said City and to all and singular the Sheriffs and Constables of this State, and each and all of said officers are hereby authorized to serve and execute the same. Writs, etc. Sec. 25. Be it further enacted by the authority aforesaid, That the Mayor of said City shall have the power and authority to hold a Court at such time and place in said City as he, or the City Council, may appoint, for the trial of offenses committed against the by-laws, rules, regulations and ordinances of said City, and for such violations to punish by a fine not to exceed one hundred ($100.00) dollars, or by labor on the streets or public works of said City under the control and direction of the proper officers, not to exceed ninety (90) days, or by confinement in the guard house of said City, or such other place of confinement as may be designated by the City Council not to exceed sixty (60) days, either one, or more, or all in the discretion of the Mayor, and all sentences may be in the alternative and fines may be imposed with alternative of either or both of the above punishment in the event the fines are not paid. The Mayor may also require that the cost of prosecution shall be paid by the defendant, which cost may be fixed by the Mayor or the City Council. It shall be a sufficient description of the punishment to be inflicted for the violation of any ordinance of said City for the City Council to say in such ordinance that a violation

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of said ordinance shall be punished as prescribed in Section twenty-five (25) of the Charter of the City of Nahunta, without setting out the punishment in full, if they so choose, and the Mayor and Council are hereby given the power to fix said penalties. Upon the failure of or refusal of any person to pay promptly any fine or cost imposed by said Mayor's court, the same may be enforced and collected by an execution issued by the Clerk and directed as provided in Section twenty-four (24) of this Act and sale thereunder under such provisions as may be prescribed by City Council, but this method of enforcing payment of a fine is cumulative, and to be used at the option of the Mayor of said City. The Mayor of said City shall be an ex-officio Justice of the Peace so far as to enable him to issue warrants for offenses committed within the limits of said City against the laws of this State. Said warrants may be served by the Marshal or police of said City, or any other officer authorized by law to make arrests, and, acting under said warrant said officers may arrest either within or without the limits of said City. Offenders so arrested may be carried before the Mayor and if there is probable cause to suspect that any of the penal laws of this State have been violated by the person so charged, it shall be the duty of the Mayor to commit the accused to the common jail of Brantley County to answer to the charge in any Court of competent jurisdiction; provided, that if said offence is one that is bailable by a justice of the peace, said Mayor shall admit said accused to bail. If, in the examination, or trial of anyone accused of a violation of any of the municipal ordinances, there is a reason to suspect a commission of a crime on his part against the laws of this State, the Mayor shall have authority, and it shall be his duty, to bind over or commit said accused to the proper State Court of said penal offense. Mayor's court. Jurisdiction. Fines and costs. Execution. Mayor ex-officio Justice of the Peace. Warrants. Commitment. Sec. 26. Be it further enacted by the authority aforesaid, That the marshal and police of said City may take

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bond for the appearance of any person arrested for a violation of any of the ordinances of said City before the Mayor's Court, said bond to be taken and approved in such manner as may be provided by City Council. In the event that any person against whom bond may be taken to appear before the Mayor's Court should fail to appear upon the call of the case in said Court at the time provided for his appearance, the presiding officer shall declare said bond forfeited. A rule nisi shall then be issued by such presiding officer, returnable to the next regular term of the Mayor's Court against the principal and his Surety, which shall be served by any of the marshals or police of said City at least five (5) days before the return thereof. Service may be made personally or by leaving a copy thereof at the residence of the defendant, and, if at such return term no sufficient cause be shown, in the judgment of the Mayor or presiding officer, for the failure of the defendant to appear, judgment shall be rendered by such Mayor or presiding officer against such principal or sureties or such of them as have been served, and the collection thereof enforced in such manner as provided for by City Council. In the event the principal should appear to stand his trial at the return term the principal and surety, upon the payment of all costs accrued may be relieved from liability upon said bond. Bond. Forfeiture. Sec. 27. Be it further enacted by the authority aforesaid, That the Mayor of said City is hereby authorized to compel the attendance of witnesses upon the Mayor's Court of said City from any part of Brantley County, or any other County of this State, and to punish as for contempt the failure of any person to attend after having been subpoenaed so to do. Witnesses. Sec. 28. Be it further enacted by the authority aforesaid, That should any person violating any of the ordinances of said City flee or remove from the jurisdiction thereof, he or she may be apprehended and arrested

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wherever found in this State, and the warrant of the Mayor, Mayor Pro Tem, or Acting Mayor of the said City, shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended and arrested wherever found in this State, and the warrant of either of the officers aforesaid shall be sufficient authority for his or her arrest and return, and all persons escaping from the custody of said City, or its officers, may be tried for such escape and punished as provided in the Charter of said City, or its officers may be tried for such escape and punished as provided in the Charter of said City for the violation of municipal ordinances. The warrant shall be directed To any marshal, policeman, sheriff, deputy-sheriff, or constable of the State of Georgia, and may be served by any of said officers. Arrests; fugitives Warrant. Sec. 29. Be it further enacted by the authority aforesaid, That the right of certiorari from the judgment of the Mayor's Court shall be had to the Superior Court of Brantley County, and shall be governed and controlled by the laws of this State governing all certioraries to the Superior Court. Certiorari. Sec. 30. Be it further enacted by the authority aforesaid, That except as otherwise provided in this Act, all public sales under execution in favor of the City shall be governed in case of real estate by the laws applicable to sheriff's sales and in case of personal property by the laws applicable to Constable's sales, except that in sales under execution for taxes the general laws of the State applicable to sales for municipal taxes shall govern. Said sales to be held at a place to be designated by the Mayor and Council of said City. Execution sales. Sec. 31. Be it further enacted by the authority aforesaid, That said City Council shall have full power and authority to establish a fee bill for the officers of said City, not higher than the fees allowed to County officers

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for similar services, nor lower than those allowed justices of the peace and constables of this State. Said City Council shall have power and authority, in their discretion, to allow said fees to the officers of said City, or to place the same in the treasury of said City and pay the officers a salary for their services. All fees shall be paid into the City treasury by the officer collecting the same, and paid out only on a warrant as other claims are paid. Fee bill. Sec. 32. Be it further enacted by the authority aforesaid, That City Council shall have the power and authority to prevent cattle, horses, mules, goats, hogs, dogs, or other animals form going at large in said City, and to take up and impound any such animals running at large in said City and to pass and enforce all rules, regulations and ordinances which they deem necessary and proper for the regulation and control and prevention of all such animals in said City running at large. Animals. Sec. 33. Be it further enacted by the authority aforesaid, That the City Council shall have the power and authority to remove the inmates or occupants of lewd or disorderly houses in the City of Nahunta and that they shall have power and authority to provide by ordinaces a penalty for the use of profane, vulgar or obscene language, and to punish lewd and disorderly conduct within the limits of said City, and to pass such further and other ordinances as may be necessary of good order, decency, peace, health, welfare, convenience and good government of and for said City. Disorderly conduct. Sec. 34. Be it further enacted by the authority aforesaid, That there shall be a Clerk and a Treasurer of the City of Nahunta. The Clerk shall be the Clerk of City Council and ex-officio Clerk of the Mayor's Court, and shall perform such duties as City Council may prescribe for him. It shall be the duty of the Treasurer to keep safely all funds entrusted to him for said City, and to pay them out only on order of the Clerk, countersigned

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by the Mayor, and to perform such other duties as City Council may prescribe for him. The Clerk and Treasurer shall be elected or appointed by City Council as set forth in Section 19 of this Act. Clerk and Treasurer. Sec. 35. Be it further enacted by the authority aforesaid, That all officers of said City other than Mayor and aldermen, whether elected or appointed by the City Council, shall take such oaths and give such bonds as they may be required so to do, and also perform such duties as they may be required to do, by the ordinances, rules, and regulations of the City Council, and to otherwise conform to all requirements made by the City Council governing such office. Officer's oaths and bonds. Sec. 36. Be it further enacted by the authority aforesaid, That the Mayor and City Council of said City shall have full and complete control of the streets of said City and are hereby vested with the power to lay out and open new streets and alleys or sidewalks, to widen or straighten any of the streets, alleys or sidewalks already existing, and to assess any damage that property holders may hereby incur, in the manner now prescribed by law, which damage may be paid out of the City Treasury. They shall have the power to name new streets or to change the name of old streets. They may prohibit or remove all obstructions or encroachments on the streets or sidewalks. And they may by appropriate ordinance prohibit the stopping of trains for longer period of time than five (5) minutes across any of the streets of the said City of Nahunta. They shall have the power to control the location of cemeteries, and to control and regulate said cemeteries and the burial of the dead within the corporate limites of said City. Streets; exclusive control. Cemeteries. Sec. 37. Be it further enacted by the authority aforesaid, That the said Mayor and City Council shall have power to remove and abate any nuisance in any part of said City whether on the streets or elsewhere, under such

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rules and in such manner as they may prescribe by ordinance. Nuisances. Sec. 38. Be it further enacted by the authority aforesaid, That before any ordinance affecting the citizens of said City generally shall be enacted by the Mayor and City Council of the City of Nahunta, notice of the same containing a copy of the said ordinance shall be published once a week for four weeks in the official gazette of said City; said notice shall be signed by the Aldermen who propose to introduce said ordinance. When said ordinance is approved in writing by a majority of the members of City Council the expense of advertising same shall be paid from the City Treasury, but not until so approved. Notice of ordinance. Sec. 39. Be it further enacted by the authority aforesaid, That the Mayor and City Council shall have the power and shall be their duty to designate an official gazette of said City in which all legal advertising for said City shall be published. Official gazette. Sec. 40. Be it further enacted by the authority aforesaid, That the said City 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 spreading of contagious or infectious diseases within said City, and said City Council may prescribe for the violation of such quarantine and sanitary regulations. Health regulations. Sec. 41. Be it further enacted by the authority aforesaid, That the City Council of Nahunta shall have power and authority to organize one or more gangs, and to confine at labor therein persons who shall have been sentenced by the Police Court or Mayor's Court of said City, to work upon the streets, or public works, or who have not paid their street tax, and they shall have power to make rules and regulations that may be suitable,

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usual and necessary for the government, and control of such work gangs, and to enforce the same through proper officers. Chaingang. Sec. 42. Be it further enacted by the authority aforesaid, That the Mayor and City Council of said City of Nahunta shall have the right and authority to construct, own, use, and operate for municipal purposes and for the use and benefit of the inhabitants of said City, and for profit, a system of waterworks, or waterworks and sewerage, an ice plant, either separately or in connection with the waterworks 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 City shall fail to pay for same promptly, when due, said Mayor and City Council are hereby authorized to cause executions to be issued in favor of said City against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in cases of others, 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. Executions to collect bills. Sec. 43. Be it further enacted by the authority aforesaid, That the Mayor and City Council may compel all persons within the limits of said City to connect with the sewer mains all water closets, urinals and privies upon the real estate or in the building held or claimed by such person, either in fee or for life or for a term of years, and in the event of a failure or refusal so to

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form such connection, may cause such connection to be made after ten days written notice to the owner of such lands or lessee to do so, and issue execution against such owner or lessee for the amount of the cost of such connection, including piping and all necessary material, and all cost; which execution shall be issued and collected as other executions of said City are issued and collected. The person returning the land in fee, or as lessee, upon which such closets, urinals or privies are, shall be deemed the owner or lessee thereof, for the purpose of this Act, and if no person returns the same for taxes, then the person or persons in possession shall be considered the owners thereof, for such purposes, and said Mayor and City Council may by ordinance require such connections to be made with such mains within such length of time as they may deem proper, and may provide for the punishment of persons failing to make such connections within the time prescribed as for the violation of other city ordinances; provided, however, that no person shall be required to connect with any sewer, main or mains a greater distance than two-hundred and fifty (250) feet from the closet, urinal, or privy of such person. Sec. 44. Be it further enacted by the authority aforesaid, That except insofar as vested by the general laws of the State in the Railroad commission of Georgia, the Mayor and City Council shall have authority and control over all electric light and power plants, gas plants, ice plants, factories and wagons, and dealers in ice, and other public utilities doing business in said City, and over the persons, firms and corporations owning, leasing or operating the same within the limits of said City and to regulate the business conducted by the said public utilities and ice factories and dealers in ice and the operation of the same, and also to fix the rates and charges for such public service and ice; provided such rates so fixed shall be reasonable. Control over plant. Sec. 45. Be it further enacted by the authority aforesaid, That the Mayor and City Council or the appropriate

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department or officer of the same shall have the right to compel the house owner, or proprietor, using water, light or electric current, or other conveniences supplied by the municipal government of the City of Nahunta, to install at the expense of such owner or proprietor, meters or apparatus of such pattern as may be prescribed by the appropriate department for the measurement of the commodity thus furnished. Installation of apparatus. Sec. 46. Be it further enacted by the authority aforesaid, That if said Mayor and City Council should at any time determine it to be expedient and cheaper, they may, at their option, contract with any power company, gas company, or water company, to furnish all or anyone of the above commodities, in lieu of operating or installing a plant or plants for the production of such commodities or anyone of same for said City. Contracts. Sec. 47. Be it further enacted by the authority aforesaid, That the said Mayor and City Council be, and they are hereby, authorized and empowered to issue bonds for and in the name of said City for the purpose of establishing, building and maintaining and operating an electric light and power plant, or a gas plant, either or both, for the purpose of furnishing said City and its inhabitants with light and power, a system of waterworks, or waterworks and sewerage, an ice plant, either separately or in connection with the waterworks system, and also for the purpose of building a City Hall, a public auditorium and other public buildings and works and making any other public improvements that may be needed for the City and for any and all other governmental, municipal and public purposes. Bond issue. (a) The said Mayor and City Council shall have the right and power to determine, according to their best judgment the purpose for which said bonds are to be issued, and the amount thereof, the rate of interest they are to bear, how much principal and how much interest is to be paid each year, and whether the interest on the bonds

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is to be paid in one lump sum annually, or installments semi-annually when said bonds are to be fully paid off, and the place of payment, and all other terms and details thereof. Purpose, interest, etc. (b) Before any bonds of said City shall be issued for any of the foregoing purposes, the question as to whether or not they shall be issued, shall be submitted to the qualified voters of said City at an election called for the purpose, after notice has been duly given according to law, and their issuance shall be authorized by a favorable vote at such election in accordance with the provisions of Sections 440 to 443 inclusive of the Code of Georgia of 1910, and said Mayor and City Council may call such election upon their own initiative. Election. (c) Should any election, or elections held as herein provided for, result in favor of the issuance of bonds, then in such event, said City Council shall at and before the time of issuance of the bonds authorized by such an election provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all property in said City subject to taxation sufficient in amount to pay the principal and interest of said bonds, and the Mayor and City Council are hereby authorized to annually assess, levy and collect a tax on all property, both real and personal, within the corporate limits of said City in such a sum as they may deem necessary, right and proper, for the specific purpose of paying the interest on said bonds and accumulating a sinking fund for the payment of the principal of said bonds at their maturity. The tax so assessed, levied and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of interest and principal on said bonds, except that the Mayor and City Council shall have the right to invest a sinking fund accumulated to pay the principal of said bonds, as provided by the laws of Georgia. Tax to retire bonds.

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(d) Said bonds shall be officially signed by the Mayor and Clerk of Council of the City of Nahunta, under the corporate seal of said City, and shall be negotiated and sold to the very best advantage of said City of Nahunta, as may be determined by said Mayor and City Council of said City, and any and all of the bonds and series of bonds issued by the City under the provisions of this charter shall become obligatory and binding upon said City and its tax payers with all the qualities of commercial paper. Sale. (e) The principal of said bonds when they shall become due, and the coupons or interest warrants on the same shall be receivable by the City of Nahunta in payment of all dues to said City, and said bonds shall not be taxable directly or indirectly by the said City of Nahunta. Receivable by City; non-taxable (f) That upon application to the Mayor and City Council of said City by at least one-third of the qualified voters of the said City to call an election for the purpose of passing upon the issuance of bonds for any of the purposes hereinbefore enumerated, it shall be obligatory upon said Mayor and City Council to grant said application and call said election accordingly; provided, only that such elections for the issuance of bonds for any one purpose shall not be held oftener than once every six (6) months. Petition. Sec. 48. Be it further enacted by the authority aforesaid, That the Mayor and City Council or hereby authorized, in their discretion, to make appropriations and payments from the general funds of the City for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the City may be used free for such purposes; and also to make appropriations and payment from the general funds of the City for the purpose of advertising said city and its advantages and resources

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so as to bring new capital and commercial and manufacturing and other enterprises into the City and also for making contributions to any Board of Trade or Chamber of Commerce, or like body in said City which may have for its object any of the above stated public purposes; and also to make payments from the general revenue and funds of the city for the support of public libraries, charities and other eleemosynary institutions. Appropriations, for what purposes. Sec. 49. Be it further enacted by the authority aforesaid, That before the Mayor and City Council of said City of Nahunta shall be authorized to purchase any machinery, tools, fixtures, provisions, supplies, or other articles, for said City, or to make any contracts for said City for any purpose whatever, they shall give notice of their intention to do so, asking for bids on same, once a week for four weeks in the official gazette of said City. Provided, however, that no such notice shall be necessary when the purchase or the consideration of the contract is in an amount less than two hundred ($200.00) dollars. Notice of purchase or contract; bids. Sec. 50. Be it further enacted by the authority aforesaid, That the City Council of Nahunta shall have the power, to be exercised in its discretion at the first meeting of the said City Council in each year, of electing three of the most upright and intelligent citizens of said City as Tax Assessors. Said election may be held at a subsequent meeting of City Council if it be deemed advisable to postpone the election at the first meeting. Said citizens or either of them shall hold office (not exceeding two years) for such time as may be prescribed by the City Council. Should a vacancy occur in the board at any time for any reason, the same may be filled by the City Council. Should any member of said board of tax assessors fail or neglect to perform his duty, of which the City Council shall be the exclusive judge, he may be removed in the discretion of the City Council.

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Before entering upon the discharge of their duty, the said board of tax assessors shall, before the Mayor, or in his absence, or disability, before some other person authorized to administer oaths, take and subscribe the following oath: We do solemnly swear that we will faithfully and impartially perform the duties of the office of tax assessors for the City of Nahunta without favor to anyone, and will make a just and fair valuation of all property therein subject to taxation, in accordance with the law and with the ordinances of said City, so help us God. Said three persons, one of whom shall be their number designated as chairman, shall constitute the boad of tax assessors for said City for the time they may be elected. Said assessors shall receive such compensation as may be provided by the City Council. Tax Assessors. Vacancy. Oath. Sec. 51. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of tax assessors to examine all returns of both real and personal property of each tax payer, and if, in the opinion of the board any tax payer has omitted from his returns any property that should be returned or has failed to return any of his property at a fair and just valuation, the said board shall correct such returns and shall assess and fix the fair and just valuation to be placed on said property and shall make a note thereof and attach the same to such returns. It shall be the duty of said board to see that all taxable property within the limits of said city is assessed, and returned at its just and valuation, and that valuations between the individual tax payers are fairly and justly equalized so that each taxpayer shall pay as near a sum as may be only his proportionate share of taxes. When any such correction, changes and equilizations shall have been made by said board, it shall be the duty of the board, to immediately give notice to a taxpayer of any changes made in his returns, either personally or by leaving same at his residence or place of business, or in case of non-residents

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of the City, by sending said notice through the United States mails to his last known place of address. The said board of assessors shall give to any property owner dissatisfied with the changes made by assessors, or with the returns made by them where the owner himself failed to make a return, an opportunity to appear before them and make objections and be heard as to the valuation placed by them upon any piece of property and if, in the judgment of the assessors the valuation first fixed be too high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, shall be final. Publication in any newspaper in said City seven days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section as to the time of hearing complaints. Returns. Sec. 52. Be it further enacted by the authority aforesaid, That it shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force in said municipality of Nahunta to make out a return for such defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by City Council for failure to make returns of property for taxation. The same notice shall be given and the same hearing accorded and published notice of hearing had in case of a person failing to make returns as is required in the preceding section in case of a person whose return is changed by the board of tax assessors. Failure of owner to make return. Notice and hearing. Sec. 53. Be it further enacted by the authority aforesaid, That in place of the hearing provided for in the two preceding sections the city council may in its discretion, provide for arbitration between the complaining property owner and the tax assessors. In case of arbitration being provided for, one arbritrator shall be chosen by City Council or by the assessors in the discretion

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of city council, one by the complaining property owner, and in the event said two arbritrators so chosen do not agree, they may call in a third abritrator, and the majority of the three shall decide the question at issue. The decision of said arbitrators shall be final. City Council shall have the power to pass all necessary rules and regulations with reference to said arbitration, to prescribe the form of oath to be administered to the arbitrators, and to provide what compensation, if any, they shall be allowed. Arbitration instead of bearing Sec. 54. Be it further enacted by the authority aforesaid, That the Clerk of the City Council shall be the Clerk of the board of tax assessors and shall perform such duties in connection with said board as he may be directed to perform by said assessors. Said Clerk shall issue all subpoenas and notices, which shall bear test in the name of the board of tax assessors. Clerk. Sec. 55. Be it further enacted by the authority aforesaid, That the said board of tax assessors shall have authority to issue subpoenas for the attendance of witnesses and to require the production by any person of all his books, papers and documents which may throw light upon the question of the existence or liability or property of any class for taxation. If any witness so subpoenaed shall fail or refuse to answer questions propounded or shall fair or refuse to produce any books, papers or documents, such person shall be cited by said board to appear before the Mayor of said City, who shall here in a summary way, the reasons or excuses of such person for such failure or refusal, and the Mayor shall have authority to impose such punishment as for a contempt, as he may see proper, not to exceed a fine of one hundred dollars, or imprisonment not to exceed ten days, or both in the discretion of the Mayor. Subpoenas, etc. Sec. 56. Be it further enacted by the authority aforesaid, That within such time as may be directed by the

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ordinances of said City, said assessors shall make report to the City Council of their actings and doings, after which the city council shall cause taxes to be collected at the valuations fixed by said assessors or that they have returned approved. A majority of said assessors shall constitute a quorum and shall have all the rights and powers of the whole. Report. Quorum. Sec. 57. Be it further enacted by the authority aforesaid, That said board of tax assessors shall have the right to fix such rules and regulations not contrary to the Charter and ordinances of said City, as it may see fit. Rules and regulations. Sec. 58. Be it further enacted by the authority aforesaid, That the foregoing provisions with reference to tax assessors are hereby made optional, and may or may not be put into effect as the City Council of said city may see fit. In the event the foregoing provisions with reference to tax assessors are not put into effect, or at any time same may not be in operation, by reason of the failure of the City Council to elect tax assessors under said provision, the City Council, or any committee thereof, shall have and are hereby given all of the rights of assessments herein provided for and the provisions hereof are hereby made applicable to the City Council or any committee thereof in making said assessment. Provisions optional. Sec. 59. Be it further enacted by the authority aforesaid, That the Mayor and City Council of said City of Nahunta shall have authority and power to provide by ordinance when tax returns shall be made, and to provide penalties for failure to make returns as required and to provide when and how taxes due said City shall become due and in what length of time and in what periods they shall be paid, to fix a penalty for the non-payment of taxes when due, and to order executions issued against all persons who do not pay their taxes by the time fixed by ordinances. Ordinance as to tax returns.

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Sec. 60. Be it further enacted 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, 1925. NASHVILLE SCHOOL DISTRICT ABOLISHED. No. 25. An Act to repeal Sections XLVI to LXIII both inclusive of an Act entitled an Act to amend an Act incorporating the City of Nashville, Berrien County, Georgia, so as to create within the territorial limits of the said City of Nashville, Georgia, a special school district in and for said city to be known as the City of Nashville School District, approved August 16th, 1915, as shown in Georgia Laws of 1915 from pages 749 to 759 both inclusive. Section 1. 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 amend an Act incorporating the city of Nashville in Berrien County, Georgia, so as to create within the territolial limits of the said City of Nashville, Georgia, a special school district in and for said City, to be known as the City of Nashville School District and providing for the election of certain officers thereof, and granting powers and authority to such officers, to provide for the levying of taxes on property within the limits of said City, for the maintenance of said school, and for other purposes, as embodied in sections of said Act from sections XLVI to LXIII both inclusive of the Georgia Laws 1915 from pages 751 to 759 both inclusive, be and the same are hereby repealed and the special school district in and for said City known as the City of Nashville School District is abolished. Act of 1915, sections 46-63 repealed.

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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 21, 1925. NEWNAN BUSINESS LICENSES. No. 96. An Act to amend an Act, entitled, an Act to create a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893, by adding the words or prohibit after the word control in third line of Section 17 of said Act approved December 8, 1893, so as to authorize the Mayor and Aldermen of said City to license, regulate, control, or prohibit the businesses, callings, or vocations, or either of them specified in said Section 17 of said Act, and for other purposes. Section 1. Be 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 17 of Act creating a new charter for the City of Newnan in County of Coweta, approved December 8, 1893, be, and the same is, hereby amended by amending said Section 17 of Act approved December 8, 1893, by adding the words or prohibit after the word control in the third line of said Section 17 of said Act so that the said Section 17 as amended shall read as follows: Act of 1893 amended. Sec. 17 read. Be it further enacted, That the Mayor and Aldermen of said city shall have power and authority to license, regulate, control or prohibit all opera house, livery stables, hacks, drays, and other vehicles used for hire, vendue master, auctioneers, itinerant traders, theatrical

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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 jewlery or medicine, and all other traveling or itinerant venders of articles, wares and merchandise, except such as are excepted by the laws of this State; every keeper of a billiard, pool or bagatelle table kept for public use or gain; every keeper of a shooting, 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, cards, dice, rings, or other contrivances; also, any person running a flying-jenny, bicycle, velocipede or skating rink; all solicitors or canvassers selling goods, wares or merchandise by sample, at retail or to consumers, and all other establishments; business callings or vocations, and which, under the laws and Constitution of this State are subject to license. Authority to prohibit certain occupations. 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 29, 1925. NEWNAN; FUND FOR CHARITABLE PURPOSES. No. 78. An Act to amend an Act entitled an Act to create a new charter in the City of Newnan, Coweta, County, Georgia, approved December 8, 1893, and an Act approved August 19, 1912, entitled an Act to amend an Act to create a new Charter in the City of Newnan, Coweta County, approved December 8, 1893, so as to authorize the Mayor and Alderman of said City to appropriate and expend for purely charitable purpose of the general funds of City of Newnan an amount not exceeding twelve hundred dollars per annum, to prescribe how and where the taxes may be levied for

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this purpose and for other purposes, by striking the words twelve hundred dollars and inserting in lieu thereof, the words seventeen hundred dollars, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act an Act to create a new charter in the City of Newnan, Coweta County, approved December 8, 1893, and an Act approved August 19, 1912, entitled an Act to amend an Act to create a new Charter for the City of Newnan, Coweta County, approved December 8, 1893, so as to authorize the Mayor and Alderman of said City to appropriate and expend for purely charitable purposes of the general fund of the City of Newnan an amount not exceeding twelve hundred dollars per annum, to prescribe how and where the taxes may be levied for this purpose and for other purposes, be, and the same is hereby amended by striking from said Act approved August 19, 1912, the words twelve hundred dollars, and inserting in lieu thereof, the words seventeen hundred dollars, so that the said Act as amended shall read: Be it further enacted by General Assembly of State of Georgia, and it is hereby enacted by authority of same, That an Act to create a new charter in City of Newnan, Coweta County, approved December 8, 1893, as amended under the Act of the General Assembly of Georgia, approved August 19, 1912, be, and the same is hereby amended so as to authorize the Mayor and Alderman of said City to appropriate and expend for purely charitable purposes of the general funds of said City, an amount not exceeding Seventeen hundred ($1,700.00) dollars per annum. Acts amended. Authority to appropriate $1,700 per annum. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this law be, and the same are, hereby repealed. Approved July 27, 1925.

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NORCROSS TAX RATE. No. 120. An Act to amend an Act creating the City of Norcross, approved August 17th, 1908, and for other purposes; by amending Section 5 of the Charter of said City of Norcross, by striking the word one in the seventh line and substituting instead one and one-half, and to give the Mayor and Council full authority to raise revenue for the support and maintenance of said city government, and to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding one and one-half per cent thereon, not including the school tax, which under the law is subject to taxation. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Charter of the City of Norcross, approved August 17th, 1908, be and the same is hereby amended by striking form Section 5 of said charter the word one in the seventh line of said section and substituting instead, one and one-half so that said Section shall read: Act of 1908 amended. Section 5. Be it further enacted, That the Mayor and Council have full authority for the purpose of raising revenue for the support and maintenance of said city government, and they shall provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the corporate limits of said city of Norcross, not to exceed one and one-half per cent thereon, not including the school tax, which under the law is subject to taxation. Tax rate. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 3, 1925.

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OCILLA, NEW CHARTER FOR. No. 354. An Act to create a new charter and municipal government for the City of Ocilla, in Irwin County, Georgia; to reincorporate said City and define its territorial limits; to provide for a commission form of government; a City Manager and other officers of the City of Ocilla; to prescribe their powers and duties, the manner of election and appointment; provide for streets and side walks, the working and paving of same; to provide for a system of sewerage, waterworks, board of health; to declare and define police power; to provide for the condemnation of property for the use of City, determine its value and payment for same; the establishment of a system of waterworks, electric lights, to issue bonds; to provide for the sale, rent or lease of waterworks system, electric light system, or either or any part thereof. The power to grant local public utilities franchises over streets, alleys, parks and other public places therefor, and to provide for the repeal after July 1st, 1926, of the Act of 1902, establishing a public school system in and for the City of Ocilla, Irwin County, Georgia, and all Acts amendatory thereof, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, from and after passage of this Act, That the inhabitants of the territory hereinafter described, all of which is located in Irwin County, State of Georgia, be and are hereby incorporated under the name and style of the City of Ocilla, a body politic and corporate, and by that name shall have perpetual successions, 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, easments and hereditaments, within or without its corporate

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limits, now belonging to said City of Ocilla, shall be and are hereby vested in the City of Ocilla as created by this Act and the said City of Ocilla as created by this Act, may by its corporate name sue and be sued, contract and be contracted with, plea and be impealed, have and use a common seal, make and enact through its commissioners such ordinances, by-laws, rules and regulations and resolutions for the transaction of its business and the welfare and proper government of said City as said commissioners may deem proper, not in conflict with this charter, nor in conflict with the Constitution and laws of the United States of America. And the said City of Ocilla shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate, real or personal, lands tenements and hereditaments of whatsoever kind, within or without the limits of said city for corporate purposes, and said City of Ocilla shall have the right to rent, lease or operate any and all public buildings for any purpose whatsoever; and said City shall have the right and power to receive gifts, donations, bequests and public trusts and agree to conditions and terms accompanying the same, and the commission of said City is herein empowered to bind said City to carry out the same, and said City of Ocilla shall have the power and right to contract to sell and to sell, rent or lease, upon such terms and conditions as the Commission may determine, the complete waterworks system and complete electric light system, or either of them, or any part of them, including the plants, distribution lines and all equipment, apparatus, and property whatsoever, both real and personal, connected or used as a part of said waterworks and electric light system or either of them, belonging to the city, and power and right to cease operation of such utilities or either of them; and the power and right to grant local public utility franchises and use the use of the streets, alleys, parks and other public places therefor: Said City of Ocilla, as created by

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this Act shall succeed to all the rights and remedies of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of the present city of Ocilla, and its former governing authorities as a body corporate, as heretofore incorporated. Corporate name and powers. Sec. 2. Be it further enacted by authority aforesaid, That the corporate limits of the City of Ocilla are hereby declared to be as follows: Beginning at the southeast corner of lot of land, number 42 in the fifth district of Irwin County, Georgia, and running north along line dividing lots of land numbers 41 and 42 in said fifth district of said County to the northeast corner of said lot number 42 in said fifth district; thence north along orginal land line dividing lots of land numbers 5 and 6 in fifth district, Irwin County, Georgia, a distance of nine hundred feet; thence west fourteen hundred feet; thence north eight hundred and twenty-five feet to the center of Pine Street in Pine Hill addition; thence west along center of Pine Street in Pine Hill addition; thence west along center of Pine Street to west side of Irwin Avenue; thence north along said west side of Irwin Avenue six hundred and twenty-five feet; thence west fourteen hundred feet more or less, to a point opposite the west side of Quincy Avenue extended north; thence south along west side of Quincy Avenue extended to the north side of Ocilla Southern Railroad right-of-way leading from Ocilla to Irwinville; thence west along said north side of Ocilla Southern Railroad right-of-way two hundred and sixty feet, more or less, to a point opposite west side of Arbobiate St. extended north; thence south along west side of Arbobiate Street, extended to the south side of Second Street; thence west parallel with said Second Street to original west line or lot of land number 43 in fifth district of Irwin County, Georgia; thence south along said land line dividing lots of land numbers 43 and 44 in fifth district of said County of Irwin to a point opposite Henderson Street, seven hundred feet, more or

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less, to a corner of said lot numbers 43 and 44; thence south along original land line dividing 49 and 50 in fifth district of said County to where said line crosses the run of Reedy Branch; thence in southeasterly direction along the run of said Reedy Branch to where original land line running east and west between lots of land numbers 50 and 89 in fifth district of said Irwin County crosses said Branch; thence east along said land line to the south corner of lot of land number 50 in said district; thence north to the run of Bush Creek along said original land line between lots numbers 50 and 51; thence southeast along the center of run of Brushy Creek to a point of two hundred and fifty feet beyond the original line dividing lots numbers 88 and 89 in said fifth district, thence east parallel with said land line two hundred and fifty yards, more or less, to west line running north and south of Juda Ashley tract of land; thence north to original line between lots numbers 88 and 51 in said fifth district; thence east to southeast corner to lot number 51; thence north nine hundred and sixty feet along line dividing lots number 51 and 52 to lands belonging to J. O. Sutton; thence west to an agreed corner; thence north to the south side of south Boulevard; thence east along south side of South Boulevard to road leading from Ocilla to Lax, Georgia; thence in northeasterly direction to original line dividing lots of land numbers 51 and 52 in said fifth district in Irwin County; thence north along lines dividing lots numbers 51 and 52 to the northeast corner of lot of land number 51, which is also the southeast corner of lot of land number 42 in said fifth district of Irwin County, Georgia the starting point. Territorial limits. Sec. 3. Be it further enacted, That the municipal government of the City of Ocilla shall consist of five Commissioners, each of whom shall, except as hereinafter provided, hold office for and during the period of two years, and a City Manager and such other officers as may be appointed by said City Manager. Manager and five commissioners.

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Sec. 4. Be it further enacted by the authority aforesaid, That John A. Henderson, James Whitley, T. A. Crouch, R. E. Roberts and Warren Mixon are hereby named Commissioners for said City for a term beginning with the passage and approval of this Act and ending January 1st, 1928, or until their successors are elected and qualified. Said Commissioners appointed, before entering into the discharge of their duties, shall take the oath of office hereinafter required for Commissioners elected as such by the voters of the City of Ocilla. The salary of the City Commissioners shall be the sum of $50.00 each per annum. Commissioners named. Salaries. Sec. 5. Be it further enacted by the authority aforesaid, That Oliver V. Purvis is hereby made City Manager for said City of Ocilla at salary of $175.00 per month for a term beginning with the passage of this Act and ending January 1st, 1928, or until his successors are elected and qualified as hereinafter provided. Said Commissioner, before entering into the discharge of his duties shall take the oath of office as hereinafter provided. Manager named. Salary. Sec. 6. Be it further enacted by the authority aforesaid, That an election shall be held in said City on the first Wednesday in December, 1927, for the election of five City Commissioners, whose term of office shall be for two years each. Said election to be held under the same rules and regulations by which elections of members of the General Assembly are held insofar as the same does not conflict with the provisions of this Act. Election in 1927. Sec. 7. Be it further enacted by the authority aforesaid, That only such persons who are qualified to vote for members of the General Assembly of Georgia at preceeding general elections or have since become qualified and are residents of the City of Ocilla, shall be entitled to vote in any election held in said city provided they have registered their names, occupations, sex, age and residence in office of Secretary and Treasurer of said City of

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Ocilla as required by this Act and have paid all taxes, fines, forfeitures or other indebtedness due said City. Qualifications of voters. Sec. 8. Be it further enacted by the authority aforesaid, That said Commissioners appointed in this Act and those hereafter to be elected shall at their first meeting after their election or appointment take and subscribe to the following oath: I do solemnly swear that I will well and truly demean myself as a Commissioner of the City of Ocilla for the ensuing term and that I will faithfully conduct the affairs of said City according to the charter and ordinances thereof to the best of my skill and ability, without fear or favor, so help me God. Said Commissioners shall then elect a chairman and said chairman shall be the presiding officer of said commission. A vice-chairman shall also be elected. It shall be the duty of the chairman to preside over all meetings of the commission and as such shall sign all orders, minutes, rules, regulations and ordinances passed or enacted by said commission. It shall be the duty of the vice-chairman to do and perform all things required of the chairman in his absence or when laboring under any disability. It shall be the duty of the secretary to keep correct minutes of all meetings of the commission. Commissioners; oath of office. Officers and meetings. Sec. 9. The City Commission thus appointed or elected and organized shall be strictly a legislative body. Said Commission shall pass all the ordinances for the government of the city, fix a tax rate, license fee and do and perform all necessary work of a legislative character for the successful government of the city. Powers. Sec. 10. Be it further enacted, That should a vacancy occur on the commission by death, resignation or otherwise the remaining members of the commission shall select some fit and proper person to serve in his place and such person so selected shall serve only until the next regular election at which time in addition to the commissioner whose term will have expired, an additional

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commissioner shall be elected to fill said unexpired term. Vacancies. Sec. 11. Be it further enacted, That on the day next succeeding the first election hereunder the managers thereof shall certify the result to the City Clerk showing the number of votes cast and for whom cast. Upon filing of such report the City Commissioners at their next regular meeting thereafter, shall declare the result of such and such declaration shall be entered of record by the City Clerk on his minutes of said meeting. Election returns Sec. 12. Be it further enacted, That after thirty days from the day of said election, if no notice of contest has been given as to result of said election, the clerk aforesaid shall destroy the ballots. Should any person, except under an order of court of competent jurisdiction, for any cause whatsoever, inspect either the tally sheets, list of voters or ballots of said election after they have been filed with the Clerk of the City aforesaid, he shall be liable to fine, imprisonment, or both in the discretion of the police of the court of said city. Destruction of ballots. Sec. 13. Be it further enacted by the authority aforesaid, That immediately after organization of City Commission at election held first Wednesday in December, 1927, or as soon thereafter as possible said Commission shall elect a City Manager and fix his salary, said City Manager need not be a resident of the city but elected by reason of peculiar qualifications. The City Manager shall be the chief executive officer of the city and may be removed by the Commission at any time within six months after his appointment and qualifications at the will of the Commission but shall not thereafter be removed from office until served with written charges and given a public hearing before the Commission. During any suspension or disability of said City Manager the Commissioners shall designate some properly qualified person to perform the duties of the office. City Manager; elected by commission.

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Sec. 14. The City Manager shall be responsible to the Commission for the proper administration of all the affairs of the city and shall enter into a good and sufficient bond of not less than $15,000.00, payable to the city of Ocilla, and conditioned for the faithful discharge of his duties as City Manager and for the faithful accounting thereto of all property, money and effects belonging to the city that may come into his hands or under his control. Said City Manager shall require from each of his subordinates handling any money or having custody or control of any personal property of the city a like bond in such amount as he shall deem proper and upon failure to do so he shall be liable on his own bond for any default of such subordinate and the term subordinate shall be held to include any officer or employee appointed or employed by him. The premiums on the bonds required by this paragraph shall be paid by the city out of its general funds. Liability. Said City Manager shall take and subscribe the following oath: I....., do solemnly swear that I will faithfully perform all the duties as is incumbent upon me as Manager of the City of Ocilla to the best of my skill and ability, so help me God. Oath. Sec. 15. The City Manager may appoint a City Clerk who shall attend all meetings of the Commissioners and shall act as secretary of the body and perform such other duties as required by Manager, a recorder and chief of police and such other members of the police force as will in his judgment be necessary, both regular and special. He may appoint a chief of the fire department and such other members of the fire department as may, in his judgment, be necessary. He may appoint a street superintendant, a board of health to consist of as many members as in his judgment may be necessary, a sanitary inspector; an auditor; a city physician and all other officers, subordinates and employees, that in his judgment may be necessary for the proper administration

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of the city government. It shall be his duty to enforce all ordinances, rules and regulations passed by the Commission. He shall fix the salaries of all other employees of the city; he shall have the right to discharge or suspend any employee of the city when in his judgment the best interest of the city requires it, and from his action in matters of dealing with city employees there shall be neither appeal to nor interference by the Commission. The City Manager shall be the purchasing agent for the city and shall buy all supplies of every sort, kind and character used in the city's business upon competitive bids. He shall buy all supplies used by the public schools of the city upon proper requisition from the Board of Education therefor. He shall make all contracts for city lighting, street work, sewerage, sanitary work, paving, or any other needful thing to be done for or in behalf of the city. He shall when in his judgment it is necessary, employ a suitable engineer to make surveys, estimates, or to lay out and construct any work or enterprise for the City; provided, however, that all contracts made by the City Manager which will involve the expenditure of as much as five hundred dollars shall be approved by a majority of the City Commissioners, before the same shall be valid. Employees. Purchases. Contracts. Sec. 16. Be it further enacted, That any person who has resided in the City of Ocilla six months and is a qualified voted under section 34 of the code of Georgia, 1910, and who will have registered his name in the registration book hereinafter provided for, shall be a qualified voter in the city of Ocilla. Qualified voters. Sec. 17. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act the Clerk and Treasurer of the City of Ocilla shall open a book to be designated as the voters' book for the city of Ocilla for the registration of the voters of said city. Said voters book shall conform to books used by tax collectors for registration of voters in all county elections.

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The same rules, laws, and regulations shall prevail as to the manner of registration of voters for said City of Ocilla which are of force in the several counties of the State for the registration of voters for members of the General Assembly. The same rules and regulations shall be adopted for the purging of said voters as are of force governing county elections. Said elections to be held as county elections are held except the result to be certified to the Clerk and Treasurer of the City of Ocilla. Registration. Sec. 18. Be it further enacted, That the chairman of the Commission and two Commissioners shall constitute a quorum for the transaction of any and all business whether legislative or judicial, except in the selection of the City Managers and for this purpose the entire board of five Commissioners shall participate but a majority shall be sufficient for the selection of said City Manager. Quorrum of commission. Sec. 19. Be it further enacted, That said Commission shall have power to pass such ordinances, by-laws, rules, and regulations as may, in their discretion be necessary to carry out the purpose of this Act, not in conflict with the provisions hereof or of the constitution or laws of the State of Georgia and to provide penalties for their violations. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons, and public squares of said city, and may provide against obstructions and nuisances thereupon. They may lay such drains and gutters therein as are necessary and proper means for keeping the corporate limits of such city or the limits of its police jurisdiction, free from garbage and filth of all kinds. They shall have the power to summarily abate all nuisances, whenever in their judgment such nuisance is injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against such nuisance.

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They may regulate the running of locomotives or cars, whether run by steam, electricity, or other power; they may provide against obstructions in the streets, alleys or sidewalks therein and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make such streets, alleys or sidewalks unclean or unsightly. They may make such regulations as they deem proper relative to the keeping, st[UNK]orage or sale of of gunpowder and explosives or inflammable oils, chemicals or powders in said City. They may prohibit the commission of nuisances in said city and provide punishment thereof. Powers. Sec. 20. Be it further enacted, That for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government the said commission shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said town and which is not exempt by state law not to exceed one per cent or $1.00 on each $100.00 worth of property, but where that amount is deemed insufficient, said commission shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the constitution and laws of Georgia. Tax and volorem. Sec. 21. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year at such time or times as the commission may require, or pay a commutation tax in lieu thereof, not to exceed four dollars in any one year, as said Commission shall determine. Should any person liable to work the streets under this section fail or refuse to do so or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as

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the said Commission may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city shall be fined any sum not exceeding twenty-five dollars or imprisonment in the guard-house or by labor in the chaingang of said city not exceeding thirty days. Said Commission may pass such ordinances as they may deem proper for the purpose of enforcing this section. Road tax: Sec. 22. Be it further enacted, That said commission shall have the right to establish a guard-house and chaingang in said city; provide for the confinement of prisioners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisioners with convict suits; employ guards and convict bosses, and generally to provide for the control and proper government of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The commission of said city shall have the right to lease or hire said convicts as may be confined in the chaingang of said city, under the provisions of this charter, to the county authorities of Irwin County, and shall have the right to make such charge against said county authorities as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities, in the same manner as the county convicts are kept and provided for. Chaingang, etc. Sec. 23. Be it further enacted, That the commission of said city shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices, etc., livery stables, feed stables, sale stables and lots, hacks drays and other vehicles; auctioneers, vender itinerant trades, theatres and

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theatrical performances; dummy or street railroads, oil mills, ice works, laundries, water works, shows, circuses and exhibitions of all kinds itinerant lightning rod dealers; emigrant agents, book agents, peddlers of clocks, peddlers of stoves, machines or any articles of merchandise whatever; itinerant venders of any and all kinds of goods, wares, merchandise or other things; pool and bagatelle tables kept for public play; every keeper of any table device, stand or place for the performance of any game or play, whether played with sticks, balls or rings or other contrivances; upon flying horses or other contrivances, bicycles, velocipedes or skating rinks; insurance agents; life, fire, accident or other insurance companies; loan agents for any and all kinds of business; banks and bankers; brokers and commission merchants of all kinds, and dealers in futures; keepers of slaughter houses, beef markets; green grocers; dealers in fresh oysters, vegetables, fruits, breads, and other articles of food; contractors and builders, and all mechanics, plumbers and artisans; barber shops, junk shops, pawn brokers, and upon all and every other establishment, business, calling trade or a vocation not heretofore mentioned, and which, under the constitution and laws of Georgia, are subject to license or specific tax. Licenses. Sec. 24. Be it further enacted, That the commission of said city may demand payment of any and all liscenses or specific taxes authorized by this Act or by the laws of Georgia in the amount fixed by ordinance, as a condition precedent to the beginning or continuing in any business in said city for which a liscense is required. Should any person engage or continue in any business, trade, professional calling, for which a specific tax or liscense is required by said city ordinance and shall fail or refuse to pay the same on demand of the proper authorities of the said city, shall be liable to prosecution in the police court of said City and may be fined in a sum double the amonut of the tax or license fee required,

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or imprisoned in the common guard house of said city not exceeding thirty days, in the discretion of the court. The provisions of this section shall apply to all persons whether natural or artificial. Penalty for non-payment. Sec. 25. Be it further enacted, That the commission of said city shall have power and authority to make and establish by ordinance a fiscal year from which and to which all liscenses shall date. Should any person apply for a liscense for any business in said city for which a liscense is required at any time after the fiscal year has begun the commission shall have authority to require from such person the same amount as required for liscense for a full year, and in no case shall the commission be compelled to prorate the amount of liscense for a term less than a full year, provided that no change in the fiscal year shall operate to the injury to any person who has once paid the amount of liscense required of him. Fiseal year. Sec. 26. Be it further enacted, That said commission shall have power and authority to enforce by execution the collection of any debt or claim due to said city, for taxes due for the current year as well as the collection of any taxes due and unpaid for previous years, licenses, rents, impounding fees, fines and forfeitures; for laying sewers or drains; for cleaning and repairing privies, or for abating nuisances and for any and all levies, assessments, debts and demands due to said city. Said executions shall be issued by the Clerk of said city and bear test in the name of the commission against the property, person, corporation or firm against which or upon whom any such debt or demand is owing; such execution shall be directed to all and singular, marshal deputy marshal, and policemen of the City of Ocilla, who are authorized to levy the same upon the property against which it is issued or upon the property of the person against whom such execution shall have issued, and the same shall be sold by the marshal or his deputy

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at public outcry, under the laws for sheriff sales to the highest bidder, before the door of the council chamber, or at such other place as the commission shall determine, notice of which place shall be stated in the advertisement of the sale of such property; if property so levied upon shall be personal property, it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of said sale; if the property levied upon is real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertised or in some other newspaper published in the city of Ocilla before selling the same. All sales as above provided shall be at public outcry to the highest bidder and for cash. Said marshal or his deputy making such sale shall execute title to the purchaser and shall have the same power to place the purchaser in possession as the sheriffs of the State have. Executions. Levy and sale Sec. 27. Be it further enacted, That when any execution shall be issued and levied as provided in the preceeding section claim of illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas., or other fi. fas., issued from the various courts of the State. Such claim of illegality to be returned to and heard in Irwin Superior Court or the Justice Court of the 1529th District, G. M. according as the jurisdiction thereof may be. Affidavit of illegality. Sec. 28. Be it further enacted, That the City Manager shall appoint between the first and fifteenth of January of each year three upright, discreet and intelligent persons who shall be citizens of said city, as tax assessors, who shall hold office for one year, or until their successors are elected and qualified. Said Tax Assessors shall not be elected from among the members of the city commission and should any vacancy occur in said board

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of assessors by death, resignation, removal or refuse to serve, such vacancy shall be immediately filled by City Manager. Before entering upon the duties of the office each assessor shall take and subscribe the following oath: I do solemnly swear that I will faithfully perform the duties of Tax Assessor of the City of Ocilla and will make a just and true valuation of all property therein subject to taxation according to the fair market value thereof, so help me God. Tax assessors. Sec. 29. Be it further enacted, That the City Tax Assessors may hear during the progress of their investigation such evidence as to the value of the property of said city as they deem advisable and to this end may compel the attendance of witnesses or the production of document as now provided by the laws of Georgia. If any person is dissatisfied with the valuation of his property as fixed by the Assessors he shall have the right of appeal to a board of arbitrators, and he may within ten days after receiving the notice of assessment in case of resident of the city, and in case of non-resident, twenty days, give notice to said board, demanding an arbitration, giving the name of his arbitrator and the board of assessors shall name its arbitrator within three days thereafter, and the two arbitrators shall select a third arbitrator, and the decision of the said board of arbitrators shall be final. Said, arbitrators shall be bona fide taxpayers and voters of the said City of Ocilla and must render their decision within ten days after the naming by the board of assessors of its arbitrator; also the decision of the board shall stand affirmed and shall be binding in the premises. Said arbitrators shall receive for their services the sum of two dollars per day while actually engaged in the discharge of their duties, which amount shall be taxed as costs against the party losing in the arbitration, and in the event of a compromise decision by said arbitrators, said costs shall be taxed one-half (1-2) against each party. Hearing and appeal. Board of arbitrators.

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Sec. 30. Be it further enacted, That immediately after the report of Tax Assessors is filed with the City Manager it shall be the duty of the City Manager to serve a written or printed notice on every person, the value of whose property, as returned for taxation has been raised by the assessors, advising such person of the assessors' action, and specifying the property, the valuation of which has been increased. Tax returns. Sec. 31. Be it further enacted, That there shall be in the City of Ocilla a court known as the police court of the City of Ocilla, and the same shall have a seal and shall be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, together with all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the limits of the corporate limits of said city, or within two miles of the corporate limits, it being the intent of this charter to give said city as full and complete jurisdiction over said territory within two miles of the corporated limits of said City as though the offenses had been committee within the said corporate limits of said City. The sessions of said police court shall be held by the recorder of said City, at such times and at such places in said city as in his judgment may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above defined territory and upon conviction may punish said offenders by a fine of not more than three hundred and fifty dollars, by confinement in the chaingang of said city for a term of not more than six months, or by confinement in the guard house or jail of said city for a term of not more than ninety days either or all in the discretion of said police court; all persons convicted in said court may be hired to the county authorities of Irwin County for a like term as herein be provided. Police court. Jurisdiction.

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Sec. 32. Be it further enacted, That all trials in the police court of said city shall be based upon an accusation specifically setting forth the crime charged in the same manner and under the same rules governing accusations in criminal cases in the county courts of the State. Upon said accusation shall be joined and plea of guilty or not quilty entered. Should the accusation be dismissed on account of informality it shall be the duty of the court to have another drawn and another until it shall meet the requirements of law. Accusation. Sec. 33. Be it further enacted, That said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise, to issue summons for witnesses, books and papers in as full and complete manner as the justice courts of this State may do; to punish as for contempt, failure to obey its legal summons; to grant continuances under rules of law; and to take bonds and recognizance for appearance at its sessions and to forfeit the same under the same rules and regulations as are now applicable in like procedure in Superior Courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court of record; provided, that no fine for contempt shall exceed the sum of fifty dollars or imprisonment in the guard-house for more than thirty days. Contempt, etc. Sec. 34. Be it further enacted, That any person convicted in the police court of said city for the violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the Superior Court of Irwin County, or he may have the right of appeal to the Commission of said city if said Commission shall see fit by ordinance to provide for such appeal; otherwise certiorari as aforesaid shall be the only remedy. In carrying cases from the police court of said city to the Superior Court of said County by certiorari, the same rules

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shall be preserved as are applicable in carrying criminal cases to the Superior Court of this State. Certiorari; appeal. Sec. 35. Be it further enacted, That a recorder's court be, and the same is hereby created, in and for the said city for the purpose of trying cases and misdemeanors against the ordinances of said city, and it shall be the duty of the City Manager, as hereinbefore provided, to appoint some upright and intelligent person, reasonably skilled in the law, resident of said city, to perform the duty of that officer and fix his compensation therefor. Said recorder may be appointed and removed at any time when in the judgment of said City Manager the same may be for the best interest of the city. It shall be the duty of said recorder to preside in the police court in said city in all cases, except when providentially hindered or when absent from the city or when he may be disqualified, in which case the City Manager shall appoint some suitable person temporarily to act in his stead. Recorder's Court. Sec. 36. Be it further enacted, That said recorder's court and the recorder so selected shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of the Justice of Peace over all of the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of the city's police jurisdiction, it shall be the duty of the recorder, after investigation, to commit the offender or offenders to jail or to bail to answer to the court having jurisdiction of the offense. Criminal jurisdiction. Sec. 37. Be it further enacted, That the Commission of said City shall have power and authority to prevent horses, mules, cattle, sheep, hogs, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which

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they must be kept, if allowed kept, and shall have power and authority to take up and impound any such animals and fowls and punish all owners of such fowls or animals who refuse to obey an ordinance passed by such commission carrying this authority into effect. Impounding of animals. Sec. 38. Be it further enacted, That in order to give effect to the foregoing section said commission shall have authority to establish a pound, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound; to regulate the mode or manner of sale or disposition of impounded animals or fowls where no owners appear, or where payment of impounding fees charged, penalties or costs is refused; to provide for the disposition of the proceeds of the sale of an impounded animal and to provide for the punishment of all persons who, without authority, break or enter the pound. Sale, etc., of animals. Sec. 39. Be it further enacted, That said commission shall have authority in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violations of the same necessary for the purpose of maintaining such board of health, and prescribing penalties for such violations; to prevent the spread of any infectious or contagious disease; also, to pass and enforce an ordinance to compel the vaccination of all persons within the police jurisdiction of said city; also, isolate any person or persons afflicted with any infectious or contagious disease by confining such persons within the limit of the premises provided by the commission, either within or without the corporate limits of said City; to isolate any person or persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such diseases by confining such person or persons during such period within premises provided by the commission, either within or without the corporate

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limits of the city; provided, that no persons shall be so isolated who, if able and willing to pay the hire of proper persons to be selected by the commission to guard the premises in which they are, so as to prevent ingress and egress to and from such premises during the time in which there is a probability of the spread of any infectious or contagious disease from such person or persons. Health regulations. Sec. 40. Be it further enacted, That said commission shall have exclusive jurisdiction over all cemeteries belonging to said city. The City Manager may appoint such employees to superintend and care for the same as he may deem proper. The commissioners may take such appropriations out of the city treasury as to them may seem proper for the care and supervision of same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate and charge for grave digging, hearse fees, and any and everything pertaining to the care and operation of such cemetery. They may charge such fees for burial as to them may seem proper and enforce the collection of such fees as provided under Section 29 of this Act, and those provisions shall relate to cemeteries located either within or without the corporate limits of said city. Cemeteries. Sec. 41. Be it further enacted, That said commissioners shall have the right to exercise supervision over all buildings within the corporate limits of said city; and whenever in their judgment, any structure or building is dangerous to the life or health of citizen, on proper care made in the terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance and call on the owner or tenant in possession to immediately abate the same; and in the event said owner or tenant in possession fails or refuses to abate such nuisance in a reasonable time, such time to be determined by the commissioners, then said commissioners may cause the same to be done, and issue execution against said premises for the cost of abating such

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nuisance. Said commissioners may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Buildings. Condemnation. Sec. 42. Be it further enacted, That the commissioners of said city shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, alleys or lanes of said city, and shall have the power to lay off, vacate, close up, open, curb or pave the roads, streets, bridges, alleys, sidewalks, cross drains, crosswalks, drains or gutters for the use of the public of the use of any citizen of said city; to grant right of way to railroads, streets, bridges, alleys, sidewalks, cross walks, drains or gutters for the use of the public or the use of the laying of wires, or lines throughout the streets and alleys of said city, upon such terms and conditions and restrictions as said commissioners may prescribe. Whenever said commission, in the exercise of their authority herein conferred, to open, lay out, straighten or otherwise change the streets or alleys of said city, shall find it necessary to take private property for such purpose and cannot agree with the owner or owners thereof, they may take such private property upon the same terms and conditions as provided for in the general laws of this State, with reference to the condemnation of private property for public use contained in Article 1, Chapter 9, of the Code of Georgia 1910, beginning with Section 5206 and embracing all sections following the same having reference to the condemnation of private property for public uses. Street improvement. Sec. 43. Be it further enacted, That said commission shall have power and authority, upon recommendation of the board of health, to cause the owner of lots or parcels of lands in the city to drain the same or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars occassionally holding water to cause the same to be emptied of water or filled up

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if necessary, and in case the owner of such parcels or lots of land or cellars shall fail, or refuse, after reasonable notice (such notice to be judged by the commission) to him or his agent, to comply with the requirements of the commission, it shall be lawful for said commission to employ proper persons to perform such services; and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal or his deputy shall pass the title to said property as completely to the purchaser as a sale under judgment and execution from the Superior Court of this State. Drainage. Sec. 44. Be it further enacted, That said commission shall have the authority and power to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious diseases of inhabitants in said city. Quarantine, etc. Sec. 45. Be it further enacted, That said commission shall have the power and authority to compel the owners of property, their tenants or lessees, to grade, pave, and otherwise to keep in good order and condition, as said commissioners may direct, the sidewalks in front of and abutting on their said property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or any part that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against owner or against said property. Sidewalks. Sec. 46. Be it further enacted, That said commission shall have power and authority to establish and maintain a fire department in said city. The said department shall be under the supervision and control of the

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City Manager, who shall make all needful regulations concerning the same; shall provide all necessary apparatus and equipment therefor; shall employ, upon such terms as he may see fit, firemen and other officers or workers in said department, and may remove or discharge any officer or other employee in said department whenever in his judgment it is proper to do so. Fire department. Sec. 47. Be it further enacted, That said commission shall have power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such fire district and may punish, in their discretion, any person violating the provisions of their ordinance in this behalf. Whenever it shall appear that any building, shed or structure of any sort is being erected within said fire district, contrary to the ordinances covering such subject, the commission shall have authority to summarily direct the owner of such structure to immediately tear down and remove the same or to so change the material as to make it comply with the ordinances for such cases provided. Should said owner fail or refuse to comply with such order, they may summarily have same removed, and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structures, and so refusing to comply with the order of the commission may likewise be punished as for a misdemeanor under the ordinances of the city. Fire district. Sec. 48. Be it further enacted, That said commission shall have power to provide for the erection and maintenance in said city of gas works, electric light works, and water works, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby

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authorized to make contract with individuals or corporations erecting gas, electric light and waterworks plants for the furnishing said city with lights and water and may pay such amounts as purchase or rental as they may deem proper. They are also authorized to make similar contracts for the furnishing lights and water to those desiring the same beyond the corporate limits of said city. They are authorized to make contracts with the county authorities of Irwin County for right of way for the erection of poles, the laying of water pipes beyond the limits of said City should they deem the same advisable or advantageous. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works and shall have exclusive jurisdiction over them. Whenever said commission shall contract for water and lights for the use of said city, they may by ordinance limit the rates to individual consumers. They may regulate the operation of light or water works and impose upon their owner such duties obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the City and municipal government. Municipal plant. Rates. Sec. 49. Be it further enacted, That said commission shall have full power and authority to require the owner of any improved property, his agent or the tenants in possession, to provide suitable privy or water closet accommodations upon such premises to be located at such places on said premises as said commission shall by ordinance prescribe. Privy on improved property. Sec. 50. Be it further enacted, That said commissioners shall have the power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said city. They shall have power and authority whenever it may appear to them or to a majority of them to be necessary, proper or expendient,

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to lay sewers, construct septic tanks or make other arrangements for the purification or disposal of sewerage; locate, establish and maintain dumping grounds for garbage and other refuse, and convey such canals or streams, beyond or without the corporate limits of said city. They shall have power and authority to purchase and otherwise acquire, for the purpose said land lying either within or without the corporate limits of said city. In event of their failure to agree with the owner or owners of lands or land suitable, necessary, proper or expedient for the aforesaid purpose, they, or a majority of them, may, by a resolution declaring the necessity, propriety or exigency of acquiring such land or lands and describing the land or lands sought to be acquired, condemn such land or lands, lying within the limits of this State, and proceed to acquire the same, together with such other land or easements thereon as may be necessary or proper for the purpose of securing ingress to and egress from such sewers, sewerage plants, dumping grounds, ditches and streams by the method provided in Sections 5206 to 5246 inclusive, of the Code of Georgia. The action of the commissioners declaring the necessity, propriety or expendiency of acquiring such lands for any purpose or purposes in this section enumerated shall be final, and the correctness of their judgment in that particular shall never be called in question in any court of this State. Sewers. Sec. 51. Be it further enacted, That said commissioners shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper within the limits provided by the constitution and laws of this State and of such denominations and in such amounts as they see fit; said bonds not to bear interest in excess of five per cent. per annum, and not to run for a period of longer than thirty (30) years from the date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue,

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in the discretion of the commissioners. Said bonds to be issued, hypothecated, and sold for the purpose of establishing, maintaining, extending and operating a system of waterworks, a system of sanitary sewerage, a creamatory, a system of street lighting, either gas or electricity, or both; a system of public schools, paving or macadamizing streets; erection of necessary public buildings, and adequate fire department, and drainage. Said bonds shall be signed by the commissioners and countersigned by the clerk under the corporate seal of the City of Ocilla, and shall be negotiated in same manner as the commissioners may determine to be for the best interest of the City; provided, however, that said bonds shall not be issued for any of the above said purposes until the same shall have been submitted to the qualified voters of said city at an election held for that purpose under and in conformity with the general laws of this State embodied in Chapter 3, Article 1, and Sections 440, 441, 442, and 443 of the Code. Bonds. Purposes of issue. Sec. 52. Be it further enacted, That the commissioners of said city shall have power and authority to grade, pave, macadamize or otherwise improve the drainage and condition of the streets, sidewalks, squares, public roads, or lanes and alleys in said city. In order to carry into effect the above said commissioners shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, on the real estate abutting on such streets or sidewalks. Said commissioners shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side drain, crossings, or otherwise improving the roadway or streets proper, on the real estate abutting on one side of the street so improved and one-third on the real estate abutting on the other side of the street so improved. The real estate abutting on the street shall pay not more than two-thirds

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of the entire cost, in the discretion of the commissioners, and any street railroad company or other railroad company having tracks running through or across the streets of said city, shall be required to pave or macadamize or otherwise improve said streets in such proportion as the commissioners may prescribe. Said commissioners shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessment against all real estate for above purposes, as to them may seem just and proper, estimating the total cost each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved, or all, as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The commissioners shall have power and authority to enforce collection for the amount of any assessment so made for work either upon the streets or sidewalks by execution issued by the city clerk against the real estate improved and assessed, for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policemen of said city on such real estate and after advertising and in other proceeding as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal or policeman acting for him, shall have authority to eject occupant and put purchaser in possession provided the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which he admits to be due, together with all costs shall be paid before the affidavit shall be received and the affidavit shall be returned to the Superior Court of Irwin County and there tried and the issue determined as in cases of illegality, subject to penalties provided as in

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cases of illegality filed for delay only. The commissioners shall have authority to pave and contract to pave, the whole surface of the street, without giving any railroad or street railroad company or other property holder occupant of the street the option of having the space to be paved by them, paved by themselves, or by contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property and on street railroad and other railroad companies for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity of liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. Said commissioners shall have power and authority to prescribe by ordinance such other rules as they may in their discretion think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks and alleys of said city and to collect the cost thereof by execution against the adjacent property owner and railroad companies or other occupants of the streets or alleys of this said city. Street improvement. Assessments. Apportionment of expense. Lien of assessment. Execution. Levy and sale. Affidavit of illegality. Railway property. Sec. 53. Be it further enacted, That said commissioners shall have power and authority, whenever in their judgment they see fit, to secure for said city one or more deep wells in said city for the purpose of supplying the city with a plentiful supply of good, wholesome water and to this end they may contract with such party or parties as they see fit. For the said purpose they may draw on the ordinary fund of the town or upon any other fund not otherwise appropriated according to law. Wells. Sec. 54. Be it further enacted, That should the commissioners determine in accordance with provisions hereinbefore made, to issue bonds for the purposes hereinbefore set out, then they shall have the power and authority in addition to all other tax hereinbefore authorized to levy and collect an additional tax not to exceed

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one per centum per annum, sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run; and it shall be the duty of said commissioners in the published notice of any election for the issuance of any bonds for any of the purposes herein provided to state the amount of annual it will be necessary to levy and collect to pay same. Tax to retire bonds. Sec. 55. Be it further enacted by the authority aforesaid, That it shall be the duty of said commissioners and the City Manager to collect all back taxes, licenses and other indebtedness due said city of Ocilla as early as possible and place same to credit of proper account. It shall be their duty to collect back taxes or otherwise annually proper amounts to be placed in sinking fund to retire any outstanding bonds now against city of Ocilla or any future issue of bonds authorized by law issued by said City of Ocilla. Collection of taxes. Sec. 56. Be it further enacted by authority aforesaid, That an Act establishing a public school system for the City of Ocilla, Irwin County, Georgia, as published in Acts of 1902, pages 283 to 286 approved December 17, 1902 and all Acts amendatory thereof shall remain in full force and effect until the 1st day of June, 1926, when the same is hereby repealed and the public schools of the City of Ocilla shall become a part of the school system of the County of Irwin and be under the jurisdiction of the county board of Education of Irwin County. Public school system changed June 1, 1926. Sec. 57. Be it further enacted by the authority aforesaid, That in the purchase of all supplies for said city of Ocilla as far as practicable the City Manager shall make said purchases upon competitive bids, after advertisements by publishing or posting notices at the City Hall when deemed wise. Purchases. Sec. 58. Be it further enacted by the authority aforesaid, That it shall be the duty of the City Manager and

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Clerk and Treasurer of said City to publish quarterly a statement showing the financial condition of said city. Showing receipts and from what source received, disbursements and for what purpose extended, indebtedness, if any, and for what purpose incurred, the amount of outstanding bonds and condition of sinking fund. Quarterly Statements. Sec. 59. Be it further enacted, That any of the officers of said corporation of the City of Ocilla, who may be sued for any act or thing done in his official capacity may be justified under this Charter and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the commissioners and City Manager or either of them, for any act or acts done by them or either of them under and in accordance with its provisions and in accordance with the ordinance passed in pursuance thereof. Suits against officers. Sec. 60. Be it further enacted by authority aforesaid, That it shall be the duty of the commissioners aforesaid, to see that an adequate supply of water and electric lights are furnished to the citizens of said City of Ocilla at lowest possible rates. Water and lights. Sec. 60-A. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That this Act shall become effective unless on or before November 1, 1925, the Mayor and Aldermen of the city of Ocilla shall have failed to call an election and shall have failed to hold the same in accordance with the provisions hereinafter contained and unless a majority of those registered and qualified to vote at such election for members of the General Assembly as appears at the time of the passage of this Act on the list of qualified registered voters of Irwin County, Georgia, residing within said City of Ocilla, shall have voted Against Commission Form of Government. Said election, if called, shall be called by the Mayor and Aldermen of the City of Ocilla and held within 30

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days after the same shall have been called and before November 1, 1925, and a notice of such election and purpose thereof shall be published for once a week for four weeks in the newspaper wherein appear the sheriff's advertisements in Irwin County, Georgia; and said election shall be held under the same rules and regulations as govern election for members of the General Assembly; provided that the Mayor and Council of the city of Ocilla on the one side shall name one-half of the managers and clerks and those named as city commissioners herein as the other side shall name the other half of such clerks and managers at said election and file such list with the clerk of the Superior Court of Irwin County at least five days before such election; provided should either side fail to designate its choice of such clerks and managers by filing a list of such named with the clerk of the Superior Court, at least five days before such [Illegible Text] the other side may name such other clerks and managers. Said managers and clerks shall consolidate the votes at said election and certify the result thereof to the Ordinary of said county who shall declare and publish the result thereof. Those voting at said election shall have written or printed on their ballots, the following, to-wit: For the commission form of Government, or Against the commission form of Government; said election to be held at the Court House of Irwin County under the Australian ballot system of voting. Election to ratify. Ballots. Sec. 61. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 22, 1925.

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PEARSON TAX RATE. No. 33. An Act to amend the Act of the General Assembly of Georgia, entitled: An Act to incorporate the City of Pearson, to define its limits, to provide for a Mayor and Council, granting taxing and other powers conferred and for other purposes, approved August 18, 1916, Acts of the General Assembly, pages 852 to 874 inclusive, by decreasing the maximum rate of tax for general purposes and by increasing the miximum rate of tax for school purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the City of Pearson having recommended the same, the Act of the General Assembly of said State, approved August 18, 1916, entitled: An Act to incorporate of City of Pearson, to define its limits, to provide for a Mayor and Council, granting taxing and other powers conferred and for other purposes, be and the same is hereby amended as follows, to-wit: By striking from Section 19 of said Act the clause or words, not to exceed fifteen (15) occurring between the words exceed and mills, and substituting therefor the following words or clause, to-wit: twelve so that said section when so amended will read as follows, to-wit: Act of 1916 amended. Sec. 19. Be it further enacted, That City Council, in the exercise of the power of taxation, may assess, levy, and collect an ad valorem tax, not to exceed twelve mills on all the property, real and personal, within said city of Pearson, and shall have authority to supervise and revise all tax payers' returns, and to double tax all persons failing or refusing to make returns of their property; to assess, levy and collect a specific or license tax on all trades, business, callings, professions, agencies, sales, labor and all other pursuits which are the legal subjects of taxation; to assess, levy and collect from

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all persons residing within the corporate limits of the city of Pearson, subject to road duty under existing State laws, a capitulation street tax not to exceed three (3) dollars per annum, but they shall first have the opportunity, in lieu thereof, to work four (4) days of eight (8) hours each under the supervision of the proper city authority. Thirty (30) days continuous residence in the city shall be sufficient to constitute one a citizen so as to render him liable to the payment of said street tax or to perform said work. Tax rate, ad valorem. Street tax. Sec. 2. Be it further enacted by the authority aforesaid, That said Act be further amended by striking from Section 28 of said Act the clause or words not exceeding three (3) occuring between the words exceeding and mills and substituting therefor the following words or clause, to-wit: ten (10) so that said section when so amended shall read as follows, to-wit: Sec. 28. Be it further enacted, that City Council shall have power and authority to levy and collect annually, in addition to that already provided for in this Act, a tax not exceeding ten (10) mills on all taxable property of said City of Pearson for the purpose of establishing, maintaining, continuing and operating the system of public schools now existing in said town of Pearson, said fund to be used for no other purpose; said tax shall be collected by the first day of October of each year. The said City Council, whenever it shall be found necessary, is hereby authorized to supplement the public school fund in the city treasury, not otherwise appropriated. School tax. Sec. 3. Be it further enacted, that all Acts of the General Assembly heretofore passed in conflict herewith are hereby repealed. Approved July 22, 1925.

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PELHAM; TOWN CHANGED TO CITY. No. 10. An Act to amend an Act to create a charter for the Town of Pelham, approved September 14, 1881, and the Acts amendatory thereof, so as to amend the charter of the Town of Pelham, and the Acts amendatory thereof, so as to change the name of said municipality from Town of Pelham to City of Pelham and to change said Town of Pelham into the City of Pelham; to provide that at the next ensuing election for Mayor and Councilmen that the three of those elected for Councilmen who receive the highest number of votes shall hold office for the term of two years and the other three that receive the next highest number of votes shall hold office for one year, and in the event of a tie, lots may be cast for the long and short term so that three of the Councilmen of City of Pelham shall be elected every year instead of the whole board, and to provide that the terms of office for the successors of said Councilmen and all subsequent Councilmen shall be for two years and one year as provided above; to provide also that at the next ensuing election for Mayor of said City that the person elected shall hold office for two years instead of one year and to provide that the term of office of the successors to said Mayor and all subsequent Mayors shall be for two years; to empower the City of Pelham to grade, pave, drain, 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 said City and to repave, regrade, recurb any of said places in said City 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;

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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 the 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 that the City may assess any part or all the cost of so improving street intersections as well as the cost of making any and all necessary curbing against the owners of property abutting on the street or streets in which the intersections occur as well as against the abutting property in the extension of the pavement of which streets curbing may be necessarythe purpose being to empower the City of Pelham to assess any and all of the cost of paving street intersections and making all necessary curbing whether the street intersections or the curbing abutts upon the property of private individuals or not, said cost to be prorated among the owners and their property which abutts upon the street or streets upon which the intersections occur or the curbing may be necessary in just such proportion as the Mayor and Councilmen of said City may deem equitable and just; to empower said City to create between itself and any person, firm, corporation, or governmental agency, division, or department the relation of principal and agent for the making of any or all contracts for the making of said improvements so that the City may authorize any person, firm, corporation, governmental agency, division, or department to make for it and in its behalf any and all contracts and agreements for the making of said improvements; to empower the Mayor and Councilmen of said City to issue the bonds of said City for the purpose of making any and all of said improvements or any portion thereof, or which have heretofore been authorized by law, provided that in issuing said bonds all the provisions of the Constitution and laws of this State regarding the

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issuing of municipal bonds shall be fully complied with; to empower said City to accept and receive any gift, donation and contribution from any source whatever for the purpose of making any of said improvements and to empower the Mayor and Councilmen of said City to use and appropriate any such donation, gift or contribution, in their discretion, either in reduction of any assessments which may be made against said City as its proportion of the cost of making any of said improvements or in reduction of any of the assessments which may be made against the owners and abutting property; to empower said City to levy an ad valorem tax not to exceed eight mills on all the property, real and personal, within the corporate limits of said City which is taxable under the laws of the State for the purpose of supporting and maintaining and bearing the general expense of said City government and that any portion of the funds so raised may in the discretion of the mayor and Councilmen of said City to be used to make any of the improvements herein authorized and that this method of payment for said improvements shall be additional to and cumulative of the other methods for payment herein authorized; to empower said City to levy an ad valorem tax not to exceed seven mills on all the property, real and personal within the corporate limits of said City which is taxable under the laws of the State for the purpose of supporting and maintaining the schools of the 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 that an Act incorporating the Town of Pelham in the County of Mitchell and providing a government for same, approved September 14, 1881, and all the Acts subsequently adopted by the General Assembly of Georgia amending said Act be and the same are hereby amended in the particulars hereinafter set out. Acts amended.

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Sec. 2. Be it further enacted that the word Town in said Act incorporating said Town wherever it may occur in said Act be stricken therefrom and that the word City be inserted in its place so that said amended charter will read City of Pelham instead of Town of Pelham, it being the purpose of this Act to create the City of Pelham and the territory and inhabitants now or hereafter embraced in the corporate limits of the municipality created by said Act of 1881 and the amendments thereto are hereby incorporated as the City of Pelham. Corporate name. Sec. 3. Be it further enacted that at the next ensuing election of Mayor and Councilmen that the three candidates elected for Councilmen who receive the highest number of votes cast in said election, shall hold office for the term of two years and that the other three elected that receive the next highest number of votes shall hold office for one year and in the event of a tie lots may be cast for the long and short term so that three of the Councilmen of said municipality shall be elected every year instead of the whole board and that the terms of office of the successors of said Councilmen shall be for two years and one year as provided above, and until their successors are elected and qualified. Be it further enacted that at the next ensuing election for Mayor of said municipality that the person elected shall hold office for two years instead of one year and that the term of office for the successors to said Mayor and all subsequent Mayors shall be for two years, and until his successor is elected and qualified. Terms of Councilmen. Sec. 4. Be it further enacted by the authority aforesaid that the Mayor and Council of said municipality shall have full power and authority in their discretion to grade, pave, macadamize, curb, drain and otherwise improve for travel the streets, sidewalks, footways, crossways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways or any portion thereof within the corporate limits of said municipality and that

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whenever any of the said streets, sidewalks, footways, crossways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof shall have been authorized under the laws and ordinances of said municipality to be graded, paved, macadamized, curbed, drained and otherwise improved and the cost of such improvements has been ascertained, which cost shall include all expenses incurred by said municipality incident to such improvements, 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 and as hereinafter provided, which assessments shall be paid in ten equal annual installments and shall bear interest at the rate of not exceeding seven per cent. per annum, until paid, said interest payable annually. Street improvement. Apportionment of expense. Assessments. Sec. 5. Be it further enacted by the authority aforesaid, that the first installment 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, when due. Payment in 30 days without interest. Sec. 6. 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

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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. 7. Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said resolution apportioning and levying such assessments, the 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 Pelham by reason of its issuing the same for the purpose herein specified. One-tenth in amount of any such 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 hereinbefore 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 a rate of 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 authority of this act. Said bonds shall be signed by the Mayor and attested by the City Clerk, and shall have the impression

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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 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 endorsed upon each of said bonds. Bond issue. Recitals in bond. Not to be sold below par. Registration. Sec. 8. 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 person owning the said lot, parcel or tract of land, on the first day of December of each year, together with the interest thereon, to the Clerk of the City of Pelham, 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 any one shall constitute a misdemeanor, and be punishable

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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, stating 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 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 determined as in cases of illegality, subject to all fines and penalties provided by law in such cases for delay. Collection of assessments. Penalty. Execution. Levy and sale. Affidavit of illegality. Sec. 9. 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

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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, may be apportioned and assessed as between the City of Pelham and the abutting property and the owners thereof on each side of the streets or public thoroughfares to be paved, macadamized or otherwise improved, in just such proportions as the Mayor and City Council may deem proper and the Mayor and City Council of said City are hereby given power and authority, in their discretion, to apportion and assess any part, or all of the cost of making said improvements against the City of Pelham, or they may in their discretion apportion and assess any part or all of the cost of making said improvements against the abutting property and the owners thereof on each side of the streets or public thoroughfares to be paved, macadamized, or otherwise improved according to the frontage of said property thereon. If in the discretion of the Mayor and City Council any portion of such cost is assessed against and is to be borne by the City such assessment and expense may be paid out of any available funds for that purpose in the City treasury, or from the proceeds of bonds duly authorized and issued by said City. Side walks, Assessments against City. Sec. 10. 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 interest on the bonds authorized to be issued in accordance with the provisions of Section seven of this Act, semi-annually, on the first day of January and July, instead of annually; and, in levying the assessments 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

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paid semi-annually, on the first day of December of June of each year, instead of annually, as provided in Section four of this Act. Interest on bonds. Sec. 11. Be it further enacted that where the right of way of any railway company crosses any public thoroughfare within the corporate limits of the City of Pelham such company is to be deemed for all the purposes of this Act as the owner of the property on both 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 where the right of way, or other occupied or unoccupied land of any railway company lies longitudinally along and abutts upon any street or thoroughfare in said City such company and its said abutting property shall be subject to all the provisions of this Act in the same manner and to the same extent as other persons, firms and corporations owning property in the City of Pelham. And all property owned by the County of Mitchell 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. Railway property. Public property. Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor and the City Council of said City shall have the power and authority to repave, regrade, recurb, redrain, and remacadamize, in their discretion, any and all of the streets and other places which they are authorized in this Act to improve in the same manner, under the same conditions and under the same rights and powers as to apportionment and assessment for the cost thereof as they are in this Act authorized to make improvements in the first instance. Repaving, etc.

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Sec. 13. Be it further enacted by the authority aforesaid, that the Mayor and the City Council may assess any part or all of the cost for so improving street intersections as well as any part or all of the cost of making any and all necessary curbing against the owners and their property abutting on the street or streets in which the intersections may occur or the curbing may be necessary whether the street intersections or the curbing abutts upon the property of private individuals or not, said cost to be proportioned among the owners and their property which abutts upon the street or streets in which the intersection may occur or the curbing may be necessary in just such proportions as the Mayor and City Council of said City may deem equitable and just. Street crossings. Sec. 14. Be it further enacted by authority aforesaid, that the Mayor and City Council of said City shall have the power and authority to create between itself and any person, firm, corporation, or governmental agency, division, or department thereof, the relation of principal and agent for the making of any and all contracts for the doing of said improvements, so that the City may authorize any person, firm, corporation, or governmental agency, division or department thereof to make for it and in its behalf any and all contracts and agreements for the making of said improvements. Principal and agent. Sec. 15. Be it further enacted by authority aforesaid, that the Mayor and City Council of said City shall have the right and authority in their discretion to issue the bonds of said City for the purpose of making any portion or all of said improvements herein authorized or which have heretofore been authorized by law, provided that in issuing said bonds all the provisions of the Constitution and laws of this State regarding the issuing of municipal bonds shall be fully compiled with. Issue of bonds. Sec. 16. Be it further enacted by authority aforesaid, that said City shall have the right to accept and receive

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any gift, donation or contribution from any source whatever for the purpose of making any of said improvements and the Mayor and City Council of said City are hereby authorized to use and appropriate any such gift, donation or contribution, in their discretion either in reduction of any assessments which it may see fit to make against said city as its proportion of the assessments for making any of said improvements, or in reduction of any of the assessments which may be made against the owners and their abutting property. Douations, etc. Sec. 17. Be it further enacted by authority aforesaid, that said city shall have the right and authority to levy an ad valorem tax not exceeding eight mills on all the property, real and personal, within the corporate limits of said City which is taxable under the laws of the State of Georgia for the purpose of supporting and maintaining and bearing the general expense of said City and its government and that any portion of the funds so raised may, in the discretion of the Mayor and City Council of said city be used to make any of the improvements herein authorized and that this method of payment for said improvements shall be additional to and cumulative of the other methods of payment provided for herein. Tax ad valorem. Sec. 18. Be it further enacted by authority aforesaid, that said City shall have the right to levy an ad valorem tax not to exceed seven mills on all the property, real and personal, within the corporate limits of said City which is taxable under the laws of the State of Georgia, for the purpose of supporting and maintaining the schools of said City. School tax. 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 July 17, 1925.

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PIEDMONT, TOWN OF, INCORPORATED. No. 109. An Act incorporate the town of Piedmont, in the County of Lamar; to define its corporate limits; to provide a government for said town, and to confer certain powers on same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that the town of Piedmont is hereby incorporated and made a body corporate and politic under the name of the Town of Piedmont, said town being located in the County of Lamar, and on the Southern Railway Company and the corporate limits, within which said town and its territory is embraced, shall be as follows, to-wit: With the depot of the said Southern Railway Company at said station on said line of railway in the said county as the center the corporate limits of said incorporate town shall extend one mile in every direction from said depot. Corporate name and limits. Sec. 2. Be it further enacted, that the Municipal Government of said town shall be vested in three Commissioners who shall be known as the Commissioners of said town and under the corporate name of the Town of Piedmont as aforesaid, said Commissioners shall have perpetual succession, and the right and title to sue and be sued, plead and be implead, contract and be contracted with, and to purchase and hold such real and personal property as may be needful for the good order, government and welfare of said town and to exercise such other rights, functions, privileges and immunities as belong to municipal corporations generally under the law. Board of three Commissioners. Sec. 3. Be it enacted, that the corporate powers of said town shall be exercised by said Commissioners or by officers and agents under their authority, except when otherwise provided. They shall also elect a Clerk and Treasurer

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and a Marshal, each of whom when elected shall enter into a bond with sufficient sureties, approved by the Commissioners, in such penal sum as the Commissioners may prescribe, payable to the corporation and conditioned to faithfully discharge their duties as prescribed by the charter and ordinances of said town, and to collect and pay over all taxes, fines, forfeitures and other incomes of said town, and to account for all moneys and property that may come into their hands belonging to said town and said officers shall continue in office during the pleasure of the Commissioners, and perform the duties as prescribed by the said body or may be provided therein. Said Commissioners shall by ordinance prescribe the duties of said Recorder, Clerk and Treasurer and Marshal, as well as any other officers or agents appointed by them. Officers and employees. Sec. 4. Be it further enacted, that said Commissioners shall elect a Recorder for said town who shall have jurisdiction to try all offenders against the ordinances of said town and hold his Court as often as may be necessary for that purpose. He shall have authority to impose fines not exceeding one hundred dollars or imprison offenders in the town prison or common jail of Lamar County or labor on the streets of said town not exceeding ninety days, to punish witnesses for non-attendance or disobeying the process of the said Court. Said Recorder is hereby authorized to issue warrants for the arrest of all persons charged upon affidavit made before him with having committed within the limits of said town offenses against penal law of this State, to make examination of such persons and the same to discharge or commit to prison or let to bail according to law, to answer such charge before the Court having jurisdiction in the same manner as the Justices of the Peace of this State have or may have by law, which warrants shall be addressed to the Marshal, Deputy Marshal of said town and to the Sheriffs, Deputy Sheriffs, or Constables of said State to execute the same. Recorder.

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Sec. 5. Be it further enacted, that said Commissioners shall be appointed by the Judge of the Superior Court of the County of Lamar as soon as practicable after the passage of this Act. One shall be appointed for three years, one for two years, and one for one year from January 1st, 1926, who shall serve until their successors are appointed and qualified. All appointments thereafter shall be for the term of three years except appointment to fill avcancies shall be for the unexpired term. Said Commissioners as well as the other officers of said town, shall each, before entering upon the discharge of his duties, take and subscribe an oath to faithfully discharge the duties of his office to the best of his skill and knowledge, without fear, favor or affection, and to the best interest of said town, which oath shall be made before any person authorized by law to administer oaths and filed with the Clerk and Treasurer of said town. Commissioners; appointment and term of office. Oath. Sec. 6. Be it further enacted, that Sections 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 717, 718, 719, 720, 721, and 722, of Volume 11 of the Code of Georgia of 1895, be, and the same are hereby incorporated in this Act and made a part thereof, and the provisions thereof and the powers conferred thereby are hereby bestowed upon said Town of Piedmont, and the Commissioners and Recorder of said town. Code sections incorporated. Sec. 7. Be it further enacted, that said Commissioners, in the name and behalf of said town shall have the right to make such contracts as may be necessary for the general welfare and benefit of said town and of the inhabitants thereof, and shall also have the right to make such rules and regulations and pass such by-laws and ordinances as may be necessary for carrying out the purposes of the Government of said town and conserving and protecting the welfare, health, morals, peace, and good order of said town and the inhabitants thereof, and may provide by ordinance for the registration of the qualified voters of said town. Contracts. Rules and regulations.

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Sec. 8. Be it further enacted, that said Commissioners shall have the power annually to levy and collect an ad valorem tax, not to exceed one per cent. (1 per cent.) on all the property, real and personal, subject to State and County taxes within the corporate limits of said town for corporate purposes, and for the purpose of maintaining the government and paying the expenses of said town, and for promoting the welfare, peace, benefit and good order of said town and the inhabitants thereof. Said taxes shall become a lien on said real and personal property within the limits of said town as owned on April 1st, of each year, and shall become due and collectable at such time and in such manner as may be prescribed by ordinance. Tax ad valorem. Sec. 9. Be it further enacted, that the Marshal of said town or any special policeman as well as the Commissioners or any member of said Commissioners, shall have the right to make arrest without warrant, and to arrest and detain anyone guilty of violating any of the ordinances of said town, and committing offenses against the peace, good order and dignity thereof, and to hold such offender in the guard-house or county jail pending trial, or else take bond for his appearance for trial before the Recorder's Court. Arrests. Sec. 10. Be it further enacted, that bonds may be taken for the appearance of offenders against the ordinances of said town, and the said Commissioners may provide by ordinance for the forfeiture of all such appearance bonds. Appearance bonds Sec. 11. Be it further enacted, that the Judge of the Superior Court of Lamar County, may appoint any one on said Board of Commissioners who resides in Lamar County, Georgia, and who owns real property within the corporate limits of the town of Piedmont. Appointment of Commissioners. Sec. 12. 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 3, 1925.

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PIEDMONT, TOWN OF, INCORPORATED. No. 129. An Act to corporate the town of Piedmont, in the County of Lamar; to define its corporate limits; to provide a government for said town, and to confer certain powers on same; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the town of Piedmont is hereby incorporated and made a body corporate and politic under the name of the Town of Piedmont, said town being located in the County of Lamar; and on the Southern Railway, and the corporate limits, within which said town and its territory is embraced, shall be as follows, to-wit: With the depot of said Southern Railway Company at said station on said line of railway in said County as the center the corporate limits of said incorporated town shall extend one mile in every direction from said depot. Corporate name and limits. Sec. 2. Be it further enacted, that the Municipal Government of said town shall be vested in three Commissioners who shall be known as Commissioners of said town and under the corporate name of the Town of Piedmont as aforesaid, said Commissioners shall have perpetual succession, and the right and title to sue and be sued, plead and be impleaded, contract and be contracted with, and to purchase and hold such real and personal property as may be needful for the good order, government and welfare of said town, and to exercise such other rights, functions, privileges and immunities as belong to municipal corporations generally under the law. Board of three Commissioners. Sec. 3. Be it enacted, that the corporate powers of said town shall be exercised by said Commissioners, or by officers and agents under their authority, except when otherwise provided. They shall also elect a Clerk and Treasurer and a Marshal, each of whom when elected

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shall enter into a bond with sufficient sureties, approved by the Commissioners, in such penal sum as the Commissioners may prescribe, payable to the corporation and conditioned to faithfully discharge their duties as prescribed by the charter and ordinances of said town, and to collect and pay over all taxes, fines, forfeitures and other incomes of said town, and to account for all moneys and property that may come into their hands belonging to said town, and said officers shall continue in office during the pleasure of the Commissioners, and perform the duties as prescribed by the said body or may be provided therein. Said Commissioners shall by ordinance prescribe the duties of said Recorder, Clerk and Treasurer and Marshal, as well as any other officers or agents appointed by them. Officers and employees. Sec. 4. Be it further enacted, that said Commissioners shall elect a Recorder for said town who shall have juricdiction to try all offenders against the ordinances of said town and hold his Court as often as may be necessary for that purpose. He shall have authority to impose fines not exceeding one hundred dollars or imprison offenders in the town prison or common jail of Lamar County or labor on the streets of said town not exceeding ninety days, to punish witnesses for non-attendance or disobeying the processes of said Court. Said Recorder is hereby authorized to issue warrants for the arrest of all persons charged upon affidavits made before him with having committed within the limits of said town offenses against penal law of this State, to take examination of such persons and the same to discharge or commit to prison or let to bail according to law, to answer such charges before the Court having jurisdiction in the same manner as Justices of the Peace of this State has or may have by law, which warrants shall be addressed to the Marshal, Deputy Marshal of said town and to the Sheriffs, Deputy Sheriffs or Constables of said State to execute the same. Recorder.

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Sec. 5. Be it further enacted, that said Commissioners shall be appointed by the Judge of the Superior Court of the County of Lamar as soon as practicable after the passage of this Act. One shall be appointed for three years, one for two years and one for one year from January 1st, 1926, who shall serve until their successors are appointed and qualified. All appointments thereafter shall be for the term of three years except appointment to fill vacancies shall be for the unexpired term. Commissioners; appointment and terms. Said Commissioners as well as the other officers of said town, shall each, before entering upon the discharge of his duties, take and subscribe an oath to faithfully discharge the duties of his office to the best of his skill and knowledge, without fear, favor or affection; and to the best interest of said town, which oath shall be made before any person authorized by law to administer oaths and [Illegible Text] with the Clerk and Treasurer of said town. Oath. Sec. 6. Be it further enacted, that Sections 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 717, 718, 719, 720, 721, and 722 of Volume 1 the Code of Georgia of 1895, be, and the same are, hereby incorporated in this Act and made a part hereof, and the provision thereof and the powers conferred thereby are hereby bestowed upon said Town of Piedmont, and the Commissioners and Recorder of said town. Code Sections incorporated. Sec. 7. Be it further enacted, that said Commissioners, in the name and behalf of said town, shall have the right to make such contracts as may be necessary for the general welfare and benefit of said town and of the inhabitants thereof, and shall also have the right to make such rules and regulations and pass such by-laws and ordinances as may be necessary for carrying out the purposes of the government of said town and conserving and protecting the welfare, health, morals, peace and good order of said town and of the inhabitants thereof, and

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may provide by ordinance for the registration of the qualified voters of said town. Contracts. Rules and regulations. Sec. 8. Be it further enacted, that said Commissioners shall have power annually to levy and collect an ad valorem tax, not to exceed one per cent. (1 per cent.) on all the property, real and personal, subject to State and County taxes within the corporate limits of said town for corporate purposes, and for the purpose of maintaining the government and paying the expenses of said town, and for promoting the welfare, peace, benefit and good order of said town and the inhabitants thereof. Said taxes shall become a lien on said real and personal property within the limits of said town, as owned on April 1st, of each year, and shall become due and collectable at such time and in such manner as may be prescribed by ordinance. Tax ad valorem. Sec. 9. Be it further enacted, that the Marshal of said town, or any special policeman, as well as the Commissioners, or any member or said Commissioners shall have the right to make arrests without warrant, and to arrest and detain any one guilty of violating any of the ordinances of said town, and committing offenses against the peace, good order and dignity thereof, and to hold such offender in the guard-house or county jail pending trial, or else take bond for his appearance for trial before the Recorder's Court. Arrests. Sec. 10. Be it further enacted, that bonds may be taken for the appearance of offenders against the ordinances of said town, and the said Commissioners may provide by ordinance for the forfeiture of all such appearance bonds. Appearance bonds. Sec. 11. Be it further enacted, that the Judge of the Superior Court of Lamar County may appoint anyone on said Board of Commissioners who resides in Lamar County, Georgia, and who owns real property within the corporate limits of the town of Piedmont. Appointment of Commissioners.

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Sec. 12. 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 4, 1925. PLAINS CHARTER AMENDED. No. 35. An Act to amend an Act entitled An Act to incorporate the town of Plains, in the County of Sumter, etc., approved December 17th, 1896, and all Acts amendatory thereof, by substituting in full for said original Act this amendment to the Charter of the town of Plains. ARTICLE I. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Town of Plains, in the County of Sumter, be, and the same is hereby incorporated as a Town, under the name of The Town of Plains. The corporate powers of said Town shall be vested in a Mayor and four Councilmen, and by the name of the Mayor and Councilmen of the Town of Plains they may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in the performance of their trusts. Corporate name and powers. Sec. 2. Be it further enacted by the authority aforesaid, that the corporate limits of said Town shall extend one-half mile from depot of S. A. L. Ry. Co. in every direction. Territorial limits. ARTICLE II. Section 1. Be it further enacted by the authority aforesaid, that on the first Monday in December, 1926, and on the first Monday in December every two years thereafter,

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there shall be held in said Town an election for the successors of the Mayor and Councilmen of said town now serving; that on Thursday after the second Sunday in January following, the Mayor and Councilmen so elected on the first Monday in December shall be sworn in and commissions issued to them as hereinafter provided; said Mayor and Councilmen to serve for a period of two years thereafter. Mayor and Councilmen; elections. Sec. 2. The persons who have resided in the Town of Plains for sixty days prior to the date of an election, and who are qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes due to the Town and have otherwise complied with the regulations for registering in said Town, shall be qualified voters. Qualified voters. Sec. 3. Be it further enacted, that the Mayor and Councilmen may prescribe such rules for registering and the use of registration for elections as they may deem proper. Registration. Sec. 4. All such elections shall be held by a Justice of the Peace or Notary Public, ex-officio Justice of the Peace and two freeholders, or if, at the time of such election there are no such officers in the district, then three freeholders, resident of the Town, may hold such election. Managers. Sec. 5. The polls at such election shall be opened not later than nine o'clock A. M. and shall close not later than four o'clock P. M. Otherwise such elections shall be conducted as nearly as practicable as elections for members of the General Assembly. Polls. Sec. 6. The managers at such elections, before entering upon the performance of their duty shall take the following oath: We and each of us do solemnly swear that we will hold this election in every respect as provided by law, and make a true and legal return thereof as required by law, so help us God, which oath shall be signed by

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each of the managers and shall be administered by the official aiding in the election, if there be one, if none, by one of the free holders. Oath of managers. Sec. 7. The managers of said election shall certify the return thereof to the Mayor and Councilmen of the Town of Plains within forty-eight hours after the polls close. Returns. Sec. 8. The Mayor and Councilmen, acting upon the certified returns, shall, through the Clerk and Treasurer, issue a commission to the newly elected officers. Commission. Sec. 9. In the event of a vacancy for any cause, the Mayor or two Councilmen shall order an election held within fifteen days, notice of which shall be posted in writing at two or more public places within said town. Vacancy. Sec. 10. Before entering upon the discharge of their duties, the newly elected Mayor and Councilmen shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge the duties devolving upon me as Mayor (or Councilman) of the Town of Plains, Sumter County, Georgia, to the best of my ability so help me, God, which oath may be administered by any State official or the Mayor, either one of the Councilmen or the Clerk. Oath of Office. ARTICLE III. Section 1. The Mayor and Councilmen shall immediately after organization, following the election, elect a Clerk and Treasurer to serve for one year. The Mayor and Councilmen shall have authority by ordinance to fix a salary, provide a bond and prescribe the duties of the said Clerk and Treasurer. Clerk and Treasurer. Sec. 2. The Mayor and Councilmen shall also elect from the membership of the Council a Mayor pro tem., who shall serve as such for one year following such election, and who shall be vested with the powers of and shall

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perform the duties of the Mayor in the absence of the Mayor. Mayor pro tem. Sec. 3. It shall be the duty of the Mayor to preside at all meetings of the Mayor and Councilmen and to vote on any question only when there is a tie; to preside at the trial of all persons charged with the violations of the ordinances of the Town, to decide their guilt or innocence; if guilty to fix penalty within the limitations of this Charter and to do and perform any and all other duties usual and incident to the office of Mayor not inconsistent with the provisions of this Charter and the State and Federal laws. Mayor; powers and duties. Sec. 4. If in the investigation of cases in which persons are charged with violations of the ordinances of said Town of Plains, the Mayor should find from the evidence that the offender has violated some law of the State of Georgia, he shall have the power and it shall be his duty to either commit said offender to the county jail of Sumter County or fix bond for his appearance to the next term of either the Superior Court of Sumter County or the City Court of Americus, as the character of the offense warrants. Commitments. Sec. 5. Said Mayor shall also have power to issue criminal warrants for offenses committed in violation of the State laws, within the limits of the Town of Plains, which warrants may be served and the accused held by the Marshal or Police of the Town until delivered to the proper officer of the county. Warrants. ARTICLE IV. Section 1. Be it further enacted, that the Mayor and Councilmen of the Town of Plains shall have power and authority to pass any and all ordinances for the protection of health, life, liberty, security and property of the inhabitants of said town. Ordinances.

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Sec. 2. Said Mayor and Councilmen may provide the office of Marshal and as many Policemen as they find necessary for the security of said Town and promotion of peace therein; and shall have authority to provide by proper ordinance the term of service and the compensation to be paid such officials. Policemen. Sec. 3. The Mayor and Councilmen may make provision by ordinance for the making of bond for the appearance of any person charged with violating an ordinance of the Town and provide for forfeitures of such bond upon failure of the principal to comply therewith. Appearance bond. Sec. 4. The Mayor and Councilmen of the Town of Plains shall have the power to acquire by lease or purchase real estate or personal property without the limits of the Town of Plains to be used in connection with and for the benefit of any public utility operated by the municipality for the use and benefit of the inhabitants of the Town, such as a system of water works, sewerage, ice plant, electric light system, gas works, public parks and for any and all other purposes which will inure to the general welfare of the inhabitants of said Town of Plains. In the event of the acquisition of any property as herein provided, the Mayor and Councilmen of the Town of Plains shall have power and authority to exercise control of and protect by use of their Marshal and police in the same manner as the area in the limits of the Town of Plains. Public utilities. Sec. 5. The Mayor and Councilmen of the Town of Plains shall have authority by proper ordinance to create a Board of Health to consist of not more than three members, residents of the Town of Plains, to provide a Health Officer, to fix the salary of such officer and authorize such Board of Health, together with such health officer to prescribe such rules and regulations as they deem proper and expedient for the protection of the health of the Town of Plains and to prevent the spread of contagious and infectious disease. Board of Health

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Sec. 6. In the event a Board of Health should be created, the Mayor and Councilmen shall have full power and authority to lease or purchase property without the limits of the Town of Plains for the purpose of isolating, treating and enforcing quarantine for persons afflicted with contagious and infectious disease. Quarantine. Sec. 7. The Mayor and Councilmen of the Town of Plains shall have the power and authority to construct, own, lease, use and operate for municipal purposes and for the use and benefit of the inhabitants of the Town of Plains and for profit, a system of waterworks, sewerage, ice plant, electric light plant, gas plant and other public utilities; to make rules and regulations for the control of same, fix prices and rates, to provide manner of collecting from consumer and to enforce the collection by either issuing fi. fas. for the amount due or disconnecting the service and provide for cost for reconnecting. Municipal plant. Sec. 8. Said Mayor and Councilmen shall have the power and authority to sell any real estate so acquired and the use of which has been discontinued, upon such terms and conditions as they deem to the best interest of the town, to buy and own personal property for the benefit and use of said town, to sell same at their will and to exchange real estate or personal property for other property, as in the judgment of the Mayor and Councilmen the best interest of the Town may be served. Purchase and sale. Sec. 9. The Mayor and Councilmen of the Town of Plains may, by ordinance, prescribe penalties to be imposed for the violation of any ordinance as follows: Penalties for violation of ordinances. To impose fines not to exceed $100.00; confinement in the guard-house, not to exceed thirty days; to work the streets of the Town of Plains, not to exceed thirty days, all or either in the discretion of the Court trying same; provided further, that work gangs may be organized, to be composed of persons convicted and sentenced to work the streets.

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Sec. 10. The Mayor and Council of the Town of Plains may offer rewards for the apprehension of persons charged with the violation of laws, provided such reward shall be reasonable in amount. Rewards. Sec. 11. The Mayor and Councilmen of the Town of Plains are authorized and empowered to accept donations of any kind for the use and benefit of the inhabitants of the Town of Plains. Donations. Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen of the Town of Plains shall have authority to prohibit by ordinance the possession and use of any mechanical or other device for raffling or games of any kind; to make it unlawful to even possess such device and to provide that all persons found present where same is used or possessed shall be regarded as being in possession thereof prima facie. Unlawful gaming divices. ARTICLE V. Section 1. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen of the Town of Plains shall have authority to require adjacent property owners to pave sidewalks, of such material as may be designated by the Mayor and Councilmen of the Town of Plains; provided, that said Mayor and Councilmen shall give to each property owner at least ten days notice that at some regular or called meeting of the Mayor and Councilmen an ordinance will be proposed providing for the pavement of such sidewalks, and that such property owner will be given an opportunity to be heard at such meeting. Sidewalks. Sec. 2. That the Mayor and Councilmen of the Town of Plains shall have authority to provide by ordinance for the paving and improving the streets within the corporate limits of said Town of Plains whenever it is found necessary or beneficial, and to provide that such pavement

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shall be laid at either the expense of the adjacent property owners or by the municipality or by both; provided that, in the event the expense is to be paid by the property owners solely, a petition signed by at least seventy-five per cent. of the owners of property adjacent to that part of such street to be paved, which, shall also include seventy-five per cent. of the property so adjacent and to be affected, is first presented to the Mayor and Councilmen of the Town of Plains, signed by such property owners; after which written notice shall be served on all the property owners adjacent to and to be affected by such paving, each of whom shall have an opportunity to appear before the Mayor and Councilmen at their next regular meeting after receiving such notice and show cause, if any, they have, why such expense should not be imposed upon them, and after a hearing by the Mayor and Councilmen of such showing as the property owner desires to make, the Mayor and Councilmen shall have authority to decide the matter. Street improvement. Petition. Hearing. Sec. 3. In the event the Mayor and Councilmen decide upon the pavement of any street or sidewalk after the opportunity for a hearing, as hereinbefore provided, they shall have authority to proceed with the pavement of either street or sidewalk and upon failure of such property owner to pay his pro rata share of the cost thereof when the bill is presented, the Clerk and Treasurer shall issue a fi. fa. against such property owner which shall constitute a good and valid lien on the property of such owner adjacent to such pavement, which lien shall be inferior only to liens for taxes and contract liens previously recorded against such property. Auth ority to pave Date of lien. ARTICLE VI. Section 1. Be it further enacted, that the Mayor and Councilmen of the Town of Plains shall have authority, by ordinance to fix salaries of any elective or appointed officers of the Town of Plains; provide for any change

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in such salaries and provide for a release or discharge of any peace officer or clerical officer elected or appointed by the Mayor and Councilmen of the Town of Plains. Salaries. Sec. 2. The Mayor being the executive officer of the Mayor and Councilmen shall have authority between meetings of Council to direct the operation of any work, the progress of which has not been vested in some special committee, to call into service additional policemen in order to quell riots or to maintain the peace and order of the Town. Direction of work; special policemen. Sec. 3. The Mayor and Councilmen shall have authority at any time, until provision is made for a health officer, as hereinbefore provided, to employ a physician for said Town of Plains, either for regular stated periods or for particular cases. Physician. Sec. 4. Said Mayor and Councilmen shall have authority to create the office of Attorney for the Town of Plains and to employ counsel to serve as such. Attorney. ARTICLE VII. Section 1. Be it further enacted, that said Mayor and Councilmen shall have authority to require all persons within the limits of said Town, subject to road duty under the laws of this State, to work the streets of said Town for a period to be limited by ordinance, and to prescribe a commutation tax to be paid in lieu thereof, not to exceed Five Dollars per annum. Road tax. Sec. 2. Be it further enacted, that the Mayor and Councilmen of the Town of Plains shall have authority to levy ad valorem taxes for ordinary current expenses, not to exceed five mills, and for extraordinary expenses, such as expenditures for education, paving and improving streets. payments of principal and interest on public debt and all other expenses not included in ordinary current expenses, an additional sum not to exceed five mills,

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so that a maximum levy for all purposes shall not exceed ten mills. Tax ad valorem. Sec. 3. Said Mayor and Councilmen shall have authority by ordinance to provide for the payment of special licenses or vocational taxes. Licenses, etc. Sec. 4. The Mayor and Councilmen shall have authority by ordinance to fix the time for all such taxes and license fees, to fix penalties for failure to either work the streets or pay the commutation tax and to fix penalties for failure to pay the license fees or vocational taxes, all of which penalties shall be within the limits hereinbefore prescribed. In addition to the penalty for the falure to pay the street taxes and license fees, the Clerk shall be authorized to issue fi. fas. and enforce the collection of same as other tax fi. fas. Failure to pay; penalty. Sec. 5. It shall be the duty of the Clerk and Treasurer of the Town of Plains to issue tax executions against all tax defaulters and immediately deliver same to the Marshal of the Town of Plains for collection. For this service said Clerk may add as cost a fee of fifty cents. Execution. Sec. 6. It shall be the duty of the Marshal of the Town of Plains upon receipt of any tax fi. fas. from the Clerk, if the defaulter fails to pay same immediately, to at once levy on property of sufficient quantity and value to realize the amount of taxes stated in such execution. For this service the Marshal shall have authority to charge a fee of Two Dollars for the levy, and in the event of an advertisement, to require the defaulter to pay the expense of advertising, and an additional fee to the Marshal for selling and making a deed or other transfer of the property. Levy. Sec. 7. Be it further enacted, that all such writs, processes and executions in behalf of the Town of Plains placed in the hands of the Marshal, shall, after being levied upon and advertised, be sold under the same rules

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and regulations as sales by sheriffs; provided, that if land is levied on by the Marshal, he shall have authority to sell the same either before the court house door of Sumter County or before the door of the Clerk and Treasurer of the Town of Plains, after advertising once a week for four weeks in the paper in which the Sheriff's sales are advertised. At any such sale, it shall be the duty of the Marshal to execute and deliver to the purchaser a deed conveying the property sold. Sale. Sec. 8. Be it enacted, that the tax defaulter whose property may be sold, his heirs and assigns shall have twelve months from date of such sale to redeem the property by paying to the purchaser thereof the amount of tax, all cost and expense incident to the sale, together with ten per cent. upon the tax and cost. Redemption. Sec. 9. In the event there should be no bidder, the Clerk and Treasurer of the Town of Plains shall have authority to bid in said land for the Town of Plains. Bids. Sec. 10. The Mayor and Councilmen shall have authority by ordinance to provide tax equalizers for the purpose of equalizing and assessing tax values. Tax equalizers. ARTICLE VIII. Section 1. Be it further enacted, that the Mayor and Councilmen of the Town of Plains shall be and are vested with the power of eminent domain and may exercise the same with reference to the condemnation of any and all property within the limits of the Town of Plains for the purpose of acquiring and using any property for municipal purposes; provided that upon failure to agree with the owner of any property in the exercise of this right, the Mayor and Councilmen of the Town of Plains shall conform to the same legal requirements, as provided in the general laws of this State to condemn. Eminent domain. Sec. 2. Be it further enacted, that said Mayor and Councilmen shall have full power and authority to pass

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any ordinance and prescribe any regulation as they see fit and proper for the promotion of the general welfare of said municipality, not inconsistent with the provisions of this Act and the State and Federal Constitution and Laws, and to provde for the enforcement of same as provided in this Charter. Regulations. 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 22, 1925. QUITMAN BOARD OF EDUCATION; PAYMENT OF PRO RATA SHARE OF STATE SCHOOL FUNDS. No. 337. An Act to amend an Act approved December 26, 1888, establishing a system of public schools in the town of Quitman, Ga., to provide for raising revenue to maintain said schools; to authorize the County School Commissioner of Brooks County to pay over to the Board of Education of said public schools such part of the State School fund as may be their just pro rata share thereof; an amendment thereto providing that the State School Commissioner shall pay direct to the Secretary and Treasurer of the Board of Education of Quitman such part of the State school funds as may be the just pro rata share of the town of Quitman. Section 1. 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 School Superintendent of the State of Georgia shall pay direct to the Secretary and Treasurer of the Board of Education of the City of Quitman, such part of the State School Funds as may be the just pro rata share of the said City of Quitman. Payment.

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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 20, 1925. QUITMAN TAX ASSESSORS AND PUBLIC IMPROVEMENTS. No. 370. An Act to amend the Act of the General Assembly of Georgia, approved August 23, 1905, to create a new charter and municipal government for the City of Quitman, to declare the rights and powers of the same, and for other purposes, and the Acts amendatory thereof, including the Act of the General Assembly of Georgia, approved August 10, 1921, which provided for the abolishment of Mayor and Council and to provide for a Commissioner-Manager form of government, and for other purposes; to repeal section twenty-four of the Act approved August 23, 1905, and to provide a new method for the assessment of the valuation of real and personal property in said City of Quitman, for the purpose of taxation by said City, and to provide for and authorize the Board of Commissioners for the City of Quitman to pass all laws and ordinance providing for the construction of a lighting system for the streets of the City of Quitman, and to provide for the erection of posts for said lighting system, and to provide for the construction and laving of all storm sewers, sanitary sewers, and other public improvements in said City of Quitman, and to provide for the payment for said lighting system, storm sewers, sanitary sewers and other public improvements and the assessment of the cost or a portion of the cost of the same against the adjacent landowners, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act of the General Assembly of Georgia, approved August 23, 1905, entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Quitman in the county of Brooks, State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of same, and for other purposes, and the Acts amendatory thereof, including the Act of the General Assembly of Georgia, approved August 10, 1921, entitled an Act to amend the charter of the City of Quitman; to abolish the offices of Mayor and Aldermen and certain other offices in said city, created by legislative enactment; to provide for a Commissioner-Manager form of government for said city; and for other purposes, be amended as follows: Act of 1905. amended. Sec. 2. By repealing section twenty-four of the Act of the General Assembly of Georgia, approved August 23, 1905. Sec. 24 repealed Sec. 3. By enacting in lieu of said section twenty-four a new section to be numbered section twenty-four and reading as follows: New Sec. 24. Be it further enacted that said Board of Commissioners for the City of Quitman, may, at any time after the passage of this Act, elect three intelligent, discreet, and upright persons, citizens and qualified voters of said city, owners of real estate therein, tax assessors whose terms of office shall be one year. Said City Tax Assessors may at any time be removed from their office by said Board of Commissioners for the City of Quitman with or without cause, to be judged of by said Board of Commissioners, and all vacancies occurring from any cause may be filled by said Board of Commissioners at any time; and it shall be the duty of the Tax Assessors to examine the tax returns placed before them by the officer receiving

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the same, and increase the valuation of real estate and personal property thereof when in their judgment, the value placed thereon by said taxpayer is too small and similarly decrease same when in their judgment advisable. Election of Tax Assessors. The Board of Commissioners for the City of Quitman shall have power to prescribe rules for the government of said City Tax Assessors. The said City Tax Assessors shall give to each tax payer of said City of Quitman written notice by mail of any increase in the valuation of the real estate or personal porperty determined by them, and of any additional real estate or personal property not returned by said tax payer upon which a value has been determined for the purpose of assessment of taxes, Each taxpayer of said City of Quitman shall be given ten days time after the mailing of said notice, in which to appear before said City Tax Assessors and make objections to the determination by said City Tax Assessors of said values so fixed by them, and have the right to present such evidence and argument as they may desire in support of said objections and said City Tax Assessors shall hear said objections and such evidence and argument, if any, before finally determining the value of said real estate and personal property. If any taxpayer of said City of Quitman shall be dissatisfied with the final determination of said City Tax Assessors, he shall have the right, within five days after said final determination to demand an arbitration of such value and shall notify said Board in writing of said demand for said arbtration, specifying the assessment with which he is dissatisfied, and naming in said notice the arbitrator selected by him. The said City Tax Assessors shall, within three days thereafter select an arbitrator, and the two thus selected shall, within five days thereafter, select a third arbitrator. In the event the two arbitrators thus selected shall be unable to agree upon a third arbitrator within said period of five days, the chairman of the

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Board of Commissioners for the City of Quitman shall appoint a third arbitrator. The arbitrators thus chosen shall hear the objecting taxpayer and the City Tax Assessors upon said objection and shall determine the value of said real estate or personal property for taxation and the value so determined by them shall be final and conclusive upon the said City of Quitman and said taxpayer. In the event the taxpayer shall not make objection to the final assessment as determined by the City Tax Assessors, or in the event the said arbitrators shall be unable to agree, within ten days after their selection, the assessment as determined by the City Tax Assessors, shall be final. The said City Tax Assessors shall make returns of the assessments made by them to the said Board of Commissioners for the City of Quitman. The said Board of Commissioners shall have the power to provide by ordinance for assessing all property, both real and personal, and returned for taxation, and for double-taxing defaulters. The City Tax Assessors shall take such oaths and receive such compensation as the Board of Commissioners for the City of Quitman may prescribe. Said City Tax Assessors shall have power to require said taxpayers to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments, and of their inventories of their stocks of goods, wares and merchandise, and of all other property owned by them when, in their opinion, their production is necessary for a correct assessment. Rules. Returns. Objections. Arbitration. Ordinances Power to require statements, etc. Sec. 4. Be it further enacted that the Board of Commissioners for the City of Quitman shall have full power and authority to pass all laws and ordinances to provide for the lighting of the streets of the City of Quitman, and to provide for the erection of an improved lighting system upon such streets of the City of Quitman as said Board of Commissioners shall determine, and to provide for the erection of posts and the laying of conduits, wires and cables therefor, and to provide for the laying

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of storm sewers, sanitary sewers and other public improvements in such streets of the City of Quitman as said Board of Commissioners may determine, and to provide for the payment of the expenses of the erection and laying of such lighting system, storm sewers, sanitary sewers, and other public improvements, and to provide what proportion of said expense for the erection and laying of such improved lighting system, storm sewers, sanitary sewers and other public improvements shall be paid by the City of Quitman and what proportion of said expense shall be paid by the adjacent landowners, and to provide for notice to be given to the said adjacent landowners of the proposed erection and laying of such lighting system, storm sewers, sanitary sewers and other public improvements, and to provide for a hearing of any objections which may be made by said adjacent landowners as to the necessity for, the legality of and the amount to be assessed against said adjacent land owners to pay for said public improvements, provided, however, that said Board of Commissioners may not assess against the adjacent landowners more than one-half of the cost of erecting and laying of such improved lighting system, storm sewers, sanitary sewers and other public improvements, and not more than one-fourth of the said cost shall be assessed against the adjacent landowners on each side of the street in which such lighting system and sewers and other public improvements are laid. Public improvements. Sec. 5. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 22, 1925.

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RALEIGH, CITY OF, INCORPORATED. No. 252. An Act to incorporate the City of Raleigh in the County of Meriwether and State of Georgia, to define its corporate limits, to provide a charter therefor, to provide a municipal government for said town, to confer certain powers and privileges on the same; to name the mayor and councilmen of said town, and to provide for the election of same, and for other purposes. Section. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the City of Raleigh, in the County of Meriwether, be and the same is incorporated under the name and style of the City of Raleigh, 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 estates, real or personal of whatever kind or nature, within or without the corporate limits thereof, may through its mayor and councilmen sell or otherwise dispose of the same for the benefits of said city, as mayor and councilmen in regular council meeting may adjudge fit and proper. The Mayor by direction of said council making, executing and delivering all contracts thereto. Corporate name and powers. Sec. 2. Be it further enacted by the authority aforesaid, that the corporate limits of said town shall extend three-eighths of a mile in any and every direction from a fixed point designated by an iron stake at and near the present residence of John A. Bowen. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, that the municipal government of said town shall consist of a mayor and four councilmen; such mayor and council may elect or appoint such other subordinate officers

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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 to be lawful officers of this State and town. All subordinate officers shall hold their offices at the will of said Mayor and Council, 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. Mayor and four Councilmen. Sec. 4. Be it further enacted by the authority aforesaid that within ten days after the approval of this Act an election shall be held in said city, five days notice of which shall be posted in three conspicuous places in said city, at which election shall be elected by the voters of said city qualified to vote for members of the General Assembly a Mayor and four (4) Councilmen. Said election shall be held in accordance with the provisions of this Act prescribing the manner of holding elections and declaring the results thereof in said city, and be held by two citizens who are freeholders of said city, to be designated by the clerk of the Superior Court of Meriwether County to hold said election. The Mayor and Councilmen elected at said election shall hold their several offices until the election and qualification of their successors. That an election for Mayor and Councilmen of said city to succeed such officers shall be held on the first Saturday in January, 1926, and annually thereafter on the first Saturday in January under such rules and regulations as may be adopted by said council, not inconsistent with the provisions of this act or the laws of this State. Election. Sec. 5. Be it further enacted by the authority aforesaid, that all municipal elections in said town shall be held at a convenient place in said city which place shall be designated by said council in the call for an election, and that the polls shall be kept open between the hours of eight A. M. until three o'clock P. M. standard time,

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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 Mayor and Council, and neither of whom being a candidate for any office in said city. 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 the 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 with him in writing, signed by the party or parties contesting the election. 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 five days notice thereof by posting the said call in at least three public places in said city, or by publishing the same in some gazette having general circulation in said City. Polls. Managers. Lists. Contest. Sec. 6. Be it further enacted by the authority aforesaid, that all persons qualified to vote for members of the General Assembly of Georgia in the County of Meriwether who have resided in said city 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 having complied with such registration laws and ordinances as shall have been adopted by said council, shall be qualified to vote therein; 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 prior to said election, and that he has paid all taxes due by him to the

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State, county and municipality and paid all legal fines imposed upon him by the legal authorities of said town. Qualified voters. 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 Councilmen shall, at the time of their election, be qualified voters in said town, and their pay shall not exceed the following amounts, to-wit: Mayor the sum of fifty dollars per year, the Councilmen the sum of twelve dollars each per year or term for their services. They may serve without making any charge. Mayor and Councilmen; eligibility and salaries. Sec. 9. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen 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 oaths shall be recorded in the minutes of the Council. Meeting; oath. Sec. 10. Be it further enacted by the authority aforesaid, that said Mayor and Councilmen shall also elect a treasurer and a marshal and deputy marshals if they deem it necessary, each of whom when elected shall enter into a bond of 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, all incomes of said city and any and all moneys belonging to said city, and said officers shall continue in office during the pleasure of the Council of said city, and perform the duties respectively as prescribed or as may be required by the council. Officers.

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Sec. 11. Be it further enacted by the authority aforesaid that the said Mayor and Councilmen shall hold, at such time and places as they may oppoint, meetings, at least once every month, for the transaction of the business of the said city. The Mayor shall preside, and in the absence or disqualification of the mayor, the mayor pro tem, who shall be elected by the council from one of their number, who shall vote on all questions in case of a tie. Meetings. Mayor pro tem. Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor, or in the absence or disqualification of the Mayor, the mayor pro tem, shall hold police courts for the trial of all offences against the law or ordinances of said city, and on conviction shall punish each offender with a fine not to exceed one hundred dollars and court cost, or imprisonment in the calaboose or county jail of Meriwether County not to exceed ninety days, or work on the streets of the city not to exceed ninety days, any one, any two or all three of said punishments at his discretion. He shall have power to summons witnesses, to punish for contempt by a fine not to exceed five dollars and imprisonment not to exceed twenty-four hours in the calaboose of said city or the common jail of Meriwether County. 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. The appeal to the council shall be made within twenty-four hours and bond given to said city approved by the mayor for the appearance before said council. Police courts. Sec. 13. 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 investigation in a police court, the mayor or other presiding officer in case it should appear that an offense against the criminal laws of this State has been committed, shall have the power and it shall be his duty to bind the offender to the proper court

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or commit him to jail as the general laws of this State provide, by committing magistrates. Mayor ex-officio Justice of the Peace. Sec. 14. Be it further enacted by the authority aforesaid, that said Mayor shall be the chief executive officer of said city. 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 person violating the laws, ordinances or rules of said town. Powers of Mayor. Sec. 15. Be it further enacted by the authority aforesaid, that said Mayor and Councilmen shall have power and authority to pass all laws ordinances and rules for the government of said city not in conflict with the Constitution and laws of this 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. Ordinances. Sec. 16. Be it further enacted by the authority aforesaid, that said Mayor and Council shall have power and authority over all streets, alleys, sidewalks, parks and cemeteries, and shall have authority to open and close any street in said town and to condemn property for the purpose of opening, and laying out new streets and alleys, and for widening, straightening or otherwise changing the streets, grades of streets, sidewalks and alleys of said city; 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

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county authorities of Meriwether County shall continue to work and maintain in repairs all the public roads now 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. And the said county shall collect the alternative road tax from the citizens of said town so long as it worked said roads. Control of streets, etc. Nuisances. Repairs,. Sec. 17. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for the support and maintenance of the city government the mayor and councilmen of said city shall have full power and authority and shall provide by ordinance for the assessment and collection of an ad valorem tax on real and personal property within the corporate limits of said city which is subject to be taxed by this State, said tax not to exceed one-half of one per cent. upon the value of said property. Tax ad valorem. Sec. 18. Be it further enacted by the authority aforesaid, that all persons owning property of any kind within the corporate limits of said city shall on or before the first Wednesday in May in each year after the passage of this Act make return of said property for taxation under oath on blanks or schedules furnished by the mayor and council. Said returns to be made to and filed with the clerk of the council. Returns. Sec. 19. Be it enacted by the authority aforesaid, that the mayor and council shall at its first meeting elect a clerk who may be one of its own members whose duty it shall be to keep the minutes of all the meetings of the mayor and council, and to do all other duties incident to his office. The mayor and council may pay him for such services not to exceed ten dollars per month. Clerk. Sec. 20. Be it enacted by the authority aforesaid, that said mayor and council shall have full power and authority to classify all business within said city and to assess a

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business tax or license upon all business. Said mayor and council shall have authority to fix by ordinance the rates of all license, what business that may be licensed, to fix the time when all taxes shall become due and payable, how and in what manner the same shall be collected. Licenses, etc. Sec. 21. 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 select a mayor pro tem. Vacancies. Sec. 22. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1925. RAY CITY; ELECTIONS. No. 235. An Act to amend an Act entitled An Act to amend an Act to incorporate the City of Rays Mill, now Ray City, in the County of Berrien, State of Georgia, approved August 16th, 1909, and amended August, 1911, so as to change the number of Aldermen and terms of office and to provide for the filling of vacancies in the office of Mayor and Aldermen and for other purposes, so as to change the date of holding elections in Ray City, Georgia, from the first Tuesday in January annually to the first Tuesday in December annually. Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act, Section Four of the Acts of the General Assembly of Georgia in the year 1911, and approved August 19, 1911, be amended by striking the word January

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in lines one and five of said section and substituting in lieu thereof the word December so that said section when amended shall read as follows: Section 4. That on the first Tuesday in December, 1912, there shall be an election for Mayor and four Aldermen in and for said city, for a term of one year, who shall serve until their successors are elected and qualified, and there shall be annually thereafter, on the first Tuesday in December a Mayor and four Aldermen elected, and there shall only be a Mayor and four Aldermen as the body corporate of said city. Act of 1911 amended. Time of holding elections. Sec. 2. Be it further enacted that wherever the word January occurs in the Acts incorporating the city of Rays Mill and the amendment thereto, changing the name to city of Ray City, occurs, the same shall be stricken and the word December substituted in lieu thereof. December substituted for January. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1925. REIDSVILLE; SENTENCES FOR VIOLATIONS. No. 68. An Act to amend an Act, entitled An Act to incorporate the City of Reidsville, in the County of Tattnall, State of Georgia, as approved August 22, 1905, by providing that offenders against the laws and ordinances of said city may be sentenced to the county jail or the chaingang of Tatnall 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

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Act, the charter of the City of Reidsville, Tattnall County, Georgia, as approved August 22, 1905, be and the same is amended as follows: By striking from Section 15 of said Act, the following words: By imprisonment in the city prison for a period of not exceeding 60 days; by compelling the defendant or offender to labor on the streets of said city for a period not longer than sixty days, and by inserting in lieu thereof the following, And the punishment for the violation of any city law, ordinance or rule shall be imprisonment and labor on the streets, or imprisonment in the guard house or county jail, or may be turned over to the county authorities to work and labor on the Tattnall County chaingang, or such other place where the offender may lawfully be placed at work for a term not exceeding sixty days, so that said section when amended shall read as follows: Act of 1905 amended. Section 15. Be it further enacted, that there shall be a mayor's court in the said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor as often as necessary at the office of the said mayor, or in his discretion, in the county court house in said city. In the absence or disqualification of the mayor, the mayor pro tem. shall preside and hold said court. And in the absence or disqualification of the mayor pro tem. any member of council elected for that purpose by the council shall hold said court. Said court shall have the power to preserve order and punish for contempt as hereinbefore provided. Said court is hereby empowered to compel the attendance of witnesses unto that end made by rule for contempt, punish witnesses for failure to obey the mandates and subpoenas of the court. Said court shall be authorized and empowered to punish for violations of the laws or ordinances of said city, and the punishment for the violation of any city law, ordinance or rule shall be imprisonment and labor on the streets, or imprisonment in the guardhouse or county jail, or may be turned over to the county authorities to

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work and labor on the Tatnall County chaingang or such other place where the offender may lawfully be placed at work, for a term not exceeding sixty days, or by a fine not exceeding $100.00 and the costs of court, which fine may be collected by execution, and by any one or more of these punishments, in the discretion of the court. Either one of said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and marshal of said city are hereby made officers of said court, and shall be entitled to such fees and costs from the losing party as the city council prescribe. Sec. 15 read. Mayor's Court. Sentences. 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 27, 1925. RINGGOLD CHARTER AMENDED. No. 101. An Act to amend an Act entitled an Act to incorporate the town of Ringgold in the County of Catoosa, to define its limits, to provide for a mayor, recorder, council and other officers of said town, and to prescribe their duties, to provide for making all lawful rules, regulations and by-laws for the proper government and control of said town, and the enforcement of its ordinances approved December 20, 1899, to repeal an Act entitled an Act to amend an Act to incorporate the town of Ringgold in Catoosa approved December 20, 1899, to change the northern boundary line of said town and for other purposes, approved August 22, 1905, to define the corporate limits of the town of Ringgold in Catoosa County, and to empower the Council of said town to regulate or prohibit the running at

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large of stock, fowls and other animals, provide for impounding same, regulate the operation of motor vehicles and motorcycles on the streets and roads of said town, provide for raising revenue and for the levy and collection of an ad valorem tax not to exceed one per cent. of the assessed value of property in said town, to condemn and provide for the removal of unsafe and unsanitary buildings, and to provide for the procedure in such 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 authority of the same, that an Act entitled an Act to incorporate the town of Ringgold in the County of Catoosa, to define its limits, provide for a mayor, recorder, council and other officers of said town, and prescribe their duties, to provide for making all lawful rules regulations and by-laws for the proper government and control of said town, and the enforcement of its ordinances, approved December 20, 1899, be and the same is hereby amended by striking therefrom all of Section 1 thereof after the word Ringgold in the fifth line of said section, and inserting in lieu thereof the following, to-wit: The corporate limits of said town shall be as follows: Commencing at the monument known as the New York Monument on the South side of the Government Pike in Ringgold Gap, thence north 44 deg. 15 min. west 149 feet to a stone, thence north seventy-six degrees west 2324 feet to a stone, thence north 61 degrees 30 min. west 515 feet to Chickamauga Creek, then down said creek to a stone, thence north 70 deg. W. 370 ft. crossing the Government Pike to a stone on the property of J. H. Clark, thence north 2 degrees west 383 feet to a stone, thence north 667 feet to a stone, thence north 78 degrees 770 feet west to a stone, thence north 89 degrees west 1263 feet to a stone, thence north 61 deg. 15 min. west 227 feet to a stone, thence north 2 deg. west 300 feet to Chickamauga Creek at or near the Chattanooga road,

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thence in a northeasterly direction with said creek to the original land lot line between Lots 153 and 172 in the 28th District and 3rd Section of Catoosa County, Georgia, thence east with said line 1690 feet to a stone, thence north 83 deg. 30 min. east 3580 feet, crossing the public road to the mile post on the W. A. Railroad, thence eastward with the property line of Mrs. Mary C. Johnston, 1100 feet to a stone, thence south 3,175 feet to a stone, thence south 13 deg. 45 min. west 1531 feet to point of beginning. Act of 1899 amended. New Sec. 1. Territorial limits. Sec. 2. Be it further enacted, that an Act entitled an Act to amend an Act to incorporate the town of Ringgold in Catoosa County, approved December 20, 1899, to change the northern boundary line of said town and for other purposes approved August 22, 1905, be and the same is hereby repealed. Act of 1905 repealed. Sec. 3. Be it further enacted, that the council of said town is empowered to license, regulate, restrain or prohibit the running at large within the corporate limits of said town, of cattle, horses, mules, swine, sheep, goats, geese, chickens, ducks, or other fowls and animals, and to impound the same, and on notice being given, to sell same for penalty imposed by or under any ordinance, and to assess the costs and expense of the proceeding against the owner. The said council is further empowered to regulate and prohibit the running at large of dogs and to provide against injury or annoyance therefrom and to authorize the disposition of same. They are further empowered to provide penalties from breaking any pound or releasing any animal or fowl impounded by authority of this Act. Regulation of animals. Sec. 4. Be it further enacted, that said council shall have the power to regulate the operation of motor vehicles on the streets and roads of said town. Motor vehicles. Sec. 5. Be it further enacted, that for the purpose of raising revenue for the ordinary current expenses of

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said town, and the payment of bonds, interest on the bonded debts, and the creation of a sinking fund for the extinguishment of said bonded debts, and for paving and macadamizing streets, the said council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property owned or held within the corporate limits of said town, which under the laws of the State is subject to taxation, not exceeding one (1 per cent) per cent. of the assessed value of all such property. Tax ad valorem. Sec. 6. Be it further enacted, that said council shall have the power and authority to condemn such buildings in said town as may in their judgment be in an unsafe or unsanitary condition, and the existence or maintenance of which is a menace to the town or endangers the safety or health of the citizens or residents, and to require the removal of same. The council shall in such cases issue a notice to the owner of such property, citing him to appear at a meeting of the council not less than seven days later, specifying the time and place and describing the property in question, to show cause why same should not be condemned. Such notice shall be served on the owner personally, if a resident, by the Marshal of the Town, and if the owner is a non-resident, shall be served by sending one copy to owner's last known address by registered mail, and posting one copy on the premises sought to be condemned. The council shall hear such evidence as may be produced to determine whether or not said building should be condemned, and in case they find in favor of condemnation shall give the owner time not less than ten days to remove said building or repair same if from the evidence it appears same can be repaired, and on failure to remove or repair same, shall remove said building at the owner's expense, and shall have the right to issue execution for the expense of such removal, which execution may be levied on any

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property of such owner in said town, and shall proceed as any other execution at law. Condemnations. 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 29, 1925. ROCKMART SCHOOL DISTRICT ABOLISHED. No. 332. An act to repeal an Act to incorporate the Rockmart School District of Polk County, approved August 18th, 1923, to provide a method of operating the schools of said district, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act to incorporate Rockmart School District of Polk County, approved August 18th, 1923, be and the same is hereby repealed. Act of 1923 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that all laws with reference to assessing, levying, and collecting school tax for Rockmart School District and operating schools in said District that were in force in said Rockmart School District prior to the passage of said Act, approved August 18th, 1923, be and they are hereby declared to be in full force and effect in said District, and that the school authorities of said district and of Polk County shall pursue the same methods of levying, assessing, and collecting tax for school purposes, and operating schools for said District, that were in force at the time and before the passage of said Act approved August 18th, 1923. Prior laws effective. Sec. 3. Be it further enacted by the authority aforesaid, that the present Trustees of said School District

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shall have charge of and manage the schools of said District under the general school laws of the State, and have full authority to perform all the duties of regularly elected trustees until trustees are elected under the school code for said District. Present Trustees to continue until succeeded. Sec. 4. Be it further enacted by the authority aforesaid, that the Board of Trustees for said school District is hereby empowered, authorized and directed to assume all liability for all bonds and other indebtedness outstanding against the Rockmart School District and unpaid at the time of the passage of this Act. They are empowered to make such disposition of said indebtedness as they may in their discretion deem best. They may use any taxes collected from said District or they may execute notes for such indebtedness, to be paid at a later day. Liabilities. Sec. 5. Be it further enacted that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved August 20, 1925. ROCKMART STREET IMPROVEMENTS. No. 14. An Act to amend an Act approved August 15, 1904, amending, consolidating, and superseding the several Acts incorporating the City of Rockmart, in the County of Polk, providing a new charter for the same, and the several Acts amendatory thereof, so as to authorize and impower the City of Rockmart, 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 Rockmart, and to improve the same by paving, macadamizing, grading, improving, and paving, and for making and collection of assessments for the same, and for establishing

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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 ten per cent. yearly for ten years; to provide for the issuance of bonds by the City of Rockmart 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 Rockmart, and particularly the Act of the General Assembly approved August 15, 1904, amending, consolidating, and superseding the several Acts incorporating the City of Rockmart, in the County of Polk, providing a new charter for the same, and the several Acts amendatory thereof, and hereby amended as follows: Act of 1904 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 Rockmart, 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 Rockmart, and to improve the same by paving, macadamizing and draining the same whenever in its judgment the public convenience and walfare may require such improvements, subject only to the limitations described in this Act. Authority to pave, etc. Sec. 3. Be it further enacted by the authority aforesaid, That whenever the said City of Rockmart, 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

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within the limits of the City of Rockmart, said City of Rockmart, by its Mayor and Council, 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 Rockmart, 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 Rockmart, their protest in writing against such improvement, then the said City of Rockmart, 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 lineal frontage of land abutting any alley, lane, or avenue, sidewalk, or any other public place described in such petition, shall petition the City of Rockmart, 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 the said City of Rockmart, 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 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. Protest. Petition. 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 Rockmart, 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, exacvating, 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 Rockmart 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, lane or avenue or alley. Provided, however, that where sidewalks are paved under authority and provision 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 an abutting said property. Provided, further, that the Mayor and Council may

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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. Apportionment of expense. City to pay one third of cost. Proviso as to sidewalks. Sec. 5. Be it further enacted by the authority aforesaid, That whenever the petition provided for in Section 3 of this Act is presented or when the City of Rockmart, by its Mayor and Council, shall have determined to have or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution or ordinance provided for in Section 3 or the Act, the said City of Rockmart, 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, and discretion to include the cost of such water or sewer pipe and connections, and cost of construction, in the general assessment under the 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 the abutting property owners as specified in this Act, if such petition shall be

Page 1397

found to be in proper form and properly executed, the said City of Rockmart, 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 of his duties in preparing for such improvements the necessary plants, plants profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Rockmart, 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, and 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 negilgence 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

Page 1398

where the same shall be considered by the City of Rockmart, 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 Rockmart. At the time and place specified in such notice the City of Rockmart, by its Mayor and Council, shall examine all bids received and without unessary 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 Rockmart 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. Resolution to pave, etc. Contractor's bond. Notice for proposals. Right to reject all bids; readvertisement. 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 Rockmart, by its Mayor and Council, shall by resolution appoint a Board of appraisers consisting of the 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

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or objections that be made concerning the said appraisment, 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 iterested 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 seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Mayor and Council shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts of land liable therefor, and shall cause said appraisement and apportionment to be recorded on the mortgage records of 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 Rockmart. Board of Appraisers. Report. Hearing. Notice. Assessments. Sec. 8. Be it further enacted by the authority aforesaid, That the first installements of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of January next

Page 1400

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 January 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 January first of the second 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 Rockmart, 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. First installment due, when. Payment 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 taxes and prior to and superior to all other liens against such lots or tracts, and such liens shall continue until 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. Lien of assessment. Sec. 10. Be it further enacted by the authority aforesaid, That the said City of Rockmart, 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 issuance of bonds in the aggregate amount of such assessments

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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 Rockmart, by its Mayor and Council, shall determine, which bond or bonds shall in no event become a liability of the City of Rockmart, 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 the interest upon the whole series to that date shall be payable on the 15th day of January next succeeding maturity of the first installment of the assessments, and interest, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the 15th day of January in each succeeding year until all shall be 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 as Street Improvement Bonds, and shall on the face thereof recite the street or streets, part of street or streets, and 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 Rockmart, 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 than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Mayor and Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary

Page 1402

to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the 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. Recitals in bond. Not to be sold below par. Registration. 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 Rockmart, 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. 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 January of each year, in case of default in payment of such installment or assessment with interest, to issue an execution against the lots or tract of land assessed for improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the Marshal of the City of Rockmart, or to 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

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the right to file an affadavit 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 affadavit is received, and the affadavit received for the balance. All affadavits 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 cases of illegality for delay under the Code of Georgia, and it shall be the duty of the Judge of the said City Court of Polk County to give preference to the trial of these cases over all other cases pending in said Court. Collection of assessments. Execution. Levy and sale Affidavit of illegality. 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 Rockmart, 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 reason, other than the failure of the City of Rockmart, 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 whatsoever, the said Mayor and Council may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Suit to set aside assessment.

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Sec. 13. Be it further enacted by the authority aforesaid, That in all cases where the City of Rockmart, 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 has 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 issue 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, etc. 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 said City of Rockmart, 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 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 is the owner, the Mayor is authorized to sign for the City of Rockmart. Public property.

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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 Rockmart, 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 Rockmart 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 Rockmart, 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 Rockmart 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 the same are hereby repealed. Approved July 20, 1925. ROME CHARTER AMENDED. No. 175. An Act to amend an Act, 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, approved August 19, 1918, and the several Acts amendatory thereof, and to provide for a change in the city limits, and a change in the qualification of City Manager; to provide for the improvement, grading, paving, macadamizing and draining of any streets, avenues, alleys, lanes and other public places and the making and collecting of assessments for the same;

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to provide for the laying of sidewalks, curbs and gutters, and to make assessments for the same; to create sewerage districts, both within and outside of the city limits, and to provide for assessments to build sewers; to authorize the issue of executions for all assessments for such improvements, and the issue and sale of bonds covering said sewer and street improvements; to provide an age limit and pensions for officers, agents and employees of the City; to provide for creation of a city planning commission, and appropriations for the same to provde for registration of voters of the city; to authorize condemnation by the city, of property inside or outside of the city limits, for the laying out of sewers or creation of sewer districts; to authorize the purchase of property outside the city limits for schools or parks and playgrounds and the incorporation of the same into city limits; to authorize an additional tax levy for purchasing and acquiring, equipping and maintaining public parks and playgrounds, the payment of the floating debt, the extension and improvement of the water-works system, for street improvement and the permanent improvement of the public school system; 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 entitled An Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof and to repeal all former charters and laws in conflict therewith, approved August 19, 1918, and the several Acts amendatory thereof be and the same are hereby amended as follows: Section 1. Section 2 of said Act approved August 19, 1918, is amended, striking therefrom, the following: To and across Second Avenue, formerly Howard Avenue, to the east side of Dean Street; thence southerly

Page 1407

along the east side of Dean Street to the south side of Union Street, Fourteenth Street formerly; thence westerly along the south side of said Fourteenth Street to the west side of Maple Street; thence up the west side of Maple Street to the south side of Silver Creek Street, designated on Deitz's map of Rome and East Rome as Silver Street and inserting, in lieu thereof, the following: Act of 1918 amended. To the east side of Second Avenue; thence south along the east side of Second Avenue to the south side of East Fourteenth Street; thence westerly along the south side of East Fourteenth Street to the east side of Crane Avenue; thence south along the east side of Crane Avenue to where east Fourteenth Street again turns westward and to the south side of East Fourteenth Street; thence westerly along the south side of East Fourteenth Street in a straight line to the west side of the right-of-way of the Central of Georgia Railway Company; thence north along the westerly side of the right-of-way of the Central of Georgia Railway Company to the south side of East Twelfth Street of Silver Creek Street; so that said section, when amended will read as follows, to-wit: Section 2. Be it further enacted by the authority aforesaid, That the corporate limits of the city of Rome are hereby declared to be as follows: Sec. 2 read. Beginning near the northwest corner of land lot No. 238, in the twenty-third district and third section of Floyd County, Georgia, at the point in the section of the north boundary line of the Central of Georgia Railroad Company's right-of-way with the north boundary line of the Southern Railway's right-of-way in said land lot No. 238; thence extending easterly along the north boundary line of the right-of-way of said Southern Railway Company to and across the Oostanaula river and continuing along the north boundary line of said railway company

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to a point north of the east line and in line with the city pumping station property; thence south across said right-of-way and thence along the east side of said city's pumping station property to the southeast corner thereof; thence west along the south side of said pumping station property to the low water mark on the east bank of the Oostanaula river; thence down said river along low water mark to the east and west land line between lots Nos. 236 and 245, in said twenty-third district and third section; thence east along said land line to the southeast corner of said lot of No. 236; thence north along the land line between lots Nos. 236 and 235 to a point due east of the south line of the city reservoir property; thence west along the south side of said reservoir property to the east line of the property formerly known as the C. I. Graves old homestead; thence northerly along the east line of said Graves homestead property to the east and west land line between land lots Nos. 205 and 236 in said district and section; thence along said land line between said lots Nos. 205 and 236 and between land lots Nos. 206 and 235 to Spring street; thence northeasterly along the said side of Spring street to and across the right of way of the Southern Railway Company; thence due north from said right of way to the north side of Park avenue; thence southeasterly across land lot 207 in said district and section and along the northeasterly side of Park avenue and the continuation thereof to and across the Calhoun public road, and continuing up the Calhoun road to the north and south land line between land lots Nos. 207 and 208 in said district and section; thence south along said land line and along land lines between lots Nos. 233 and 234 to the north side of Cothran street, where the same intersects with said land line thence west along the north line of Cothran street to a point due north of the east side of the city colored public school lot; thence south along the east side of said public school lot to and across the Etowah river to low water mark on the south side of said

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river; thence westerly and southerly along low water mark down said river to the north side of the extension of Holmes street to said river; thence easterly along the north side of Holmes street to the east side of Gordon street; thence south along the east side of Gordon street to the north side of Division street; thence east along the north side of Division street to a point opposite the line between Cooper and Hughes property; thence easterly along said line between Cooper and Hughes property to the land line on the east side of land lot No. 286; thence south along said line to the south side of East Twelfth street, designated on Deitz's map of Rome and East Rome as Silver street; thence west along the south side of East Twelfth street to the East side of Second avenue, thence south along the east side of Second avenue to the south side of East Fourteenth street, thence westerly along the south side of East Fourteenth street to the east side of Crane avenue, thence south along the east side of Crane avenue to where east Fourteenth street again turns westward and to the South side of East Fourteenth street, thence westerly along the south side of East Fourteenth street in a straight line to the west side of the right of way of the Central of Georgia Railway Company, thence north along the westerly side of the right of way of the Central of Georgia Railway Company to the south side of East Twelfth street or Silver Creek street; thence west along the south side of said street and continuing along and between Anchor Duck Mills and Hauk's Foundry; thence along the southeasterly side of said street in a westerly direction to the west side of the Rome and Cave Spring Road; thence southerly along the west side of the Rome and Cave Spring road to the land line running east and west between land lots Nos. 284 and 317; thence west along the north boundary line of land lots Nos. 317 and 318 to the northwest corner of lot No. 318; thence northerly with the land line between Nos. 282 and 283 to the south boundary line of the Nixon estate; thence due east along said southern boundary of the Nixon estate to the

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western boundary line of the Shadyside addition; thence due north along said western line of the Shadyside addition and continuing due north across the Coosa river to low water mark on the northern bank of said river; thence easterly along said northern bank of the Coosa river at low water mark to the western line of land lot No. 244; thence north along said line to its intersection with the west side of the right of way of the Central of Georgia Railway Company; thence along said west side of said right of way to the southern side of Shorter avenue; thence along the southern line of said avenue to the west side of River street; thence north long said west side of River street across the Central of Georgia Railway Company's right of way to the north side of said right of way; thence northwesterly along said right of way to beginning point. Territorial limits. Sec. 2. Section 18 of said Act, approved August 19, 1918, is amended by striking therefrom, the words he shall be a man qualified by training and experience to perform the duties of City Engineer and Superintendent of Public Works, so that said section, when so amended will read as follows: Sec. 18. Be it further enacted by the authority aforesaid, that it shall be duty of the Commissioners to employ a city manager, who shall be the administration head of the municipal government, and shall be responsible for the efficient administration of all departments. He shall give his entire time to the city and shall be paid a salary not exceeding three thousand ($3,000.00) dollars per annum. Said manager may be a non-resident and employed from any place where a man with necessary qualification may be found. The powers and duties of said city manager shall be: Sec. 18 read. City Manager. (a) To see that the laws and ordinances are enforced. (b) To appoint, except as herein provided, subject to the approval of a majority of the commissioners, the

Page 1411

heads of all departments of the municipal government, to-wit: Secretary of the Commission, city attorney, city physician, recorder, superintendent of public works, chief of police, chief of fire department, or head of any other department which may be established. Powers and duties. (c) To remove any of his appointees, or the appointees of the head of any department whose appointment requires his approval, at any time, when he deems such removal necessary or advisable for the public good. (d) To exercise control over all departments created herein or that may hereafter be created by the commission. (e) To attend all meetings of the commission with the right to take part in the discussion, but having no vote. (f) To recommend to the commissioners for adoption such measures as he may deem necessary or expedient. (g) To keep the commission fully advised as to the financial condition and needs of the city. (h) To make the commission a budget each year, at the time of levying taxes, showing the estimated income and expenditures of the city for the ensuing year. (i) To perform such other duties as may be prescribed by this charter, or be required of him by ordinance or resolution of the commission. Sec. 3. Sections 77 and 78 of said act approved August 19, 1918, are hereby striken and repealed and in lieu thereof, the following is inserted as Section 77 of said Act: Section 77. Be it further enacted by authority aforesaid, that: New Sec. 77 (a) Whenever the said Rome City Commission shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any

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part thereof within the limits of the City of Rome, said Commission shall by resolution, declare such work or improvement necessary to be done, and such resolution shall be published at least twice in two separate weeks in a daily newspaper published and having a general circulation in the City of Rome, and a copy of the same shall be served personally upon the owners of the land liable to assessment to pay for said improvements, if resident in the City of Rome, or upon their agent if not resident in the City of Rome, and if no agent, service shall be perfected by mailing a copy to said owners directed to the last known address of such owners; and if the majority of the owners to be determined according to the front footage of the land liable to assessment to pay for such improvement, of any such highway shall not, within fifteen days after the last publication of such resolution, and service of said notice, file with the clerk of said Commission, their protest in writing, against such improvement, then said commission shall have power to cause said improvement to be made and to contract therefor, and to levy assessment or liens hereinafter provided for. Any number of streets, avenues, alleys, lanes or other public places or parts thereof, to be so improved, may be included in one resolution, 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 Rome City Commission for such improvement of any street or part of street, alley, lane or avenue or other public place, describing in such petition, the character of the improvement so desired, the width of the same, and the materials preferred by the petitioners for such improvements, it shall thereupon be the duty of said Commission to promptly cause the said improvement to be made, in accordance with the prayer of said petition, and in such cases, the resolution and the publication and service of the same hereinbefore mentioned shall not be required. Street improvement. Resolution to pave, etc. Protest. Petition.

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(b) The lots, pieces or parcels of land fronting and abutting on 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, avenues, lanes or alleys shall be assessed as real estate abutting upon the street, lane, alley or avenue, paved or otherwise improved, and the said Rome City Commission 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 or avenue; shall possess the same rights and privileges as all other owners of real estate abutting on any such lane, street, alley, 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; and provided further that street railway companies now having or which may hereafter have, tracks running through the street, lane, alley or avenue paved or otherwise improved, shall be assessed so much of the cost of said paving, macadamizing or other improvement as is occupied by its tracks and two feet on each side of the rails thereof, and in case there are two or more tracks on the same street said street railway company shall pay the cost of the paving, macadamizing or other improvement for not more than four and one-half feet between such tracks, except in cases where such street railway companies voluntarily locate their tracks wider apart than four and one-half feet in which event, they shall pay for the paving, macadamizing or other improvement of all space between said tracks, and the pro rata to be paid by said street railway companies, to be deducted from the total cost and balance to be paid by the abutting property, as herein above provided. Apportionment of expense. Assessments against City. Against street railway. (c) Whenever said Rome City Commission shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part

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thereof within the city of Rome, they shall have the right, power and authority to do the same without the petition of a majority of the owners of land liable to assessment for any such improvement, or over the objection of a majority of the owners of land liable to assessment for such improvement, as provided in sub-section (a) of this section of this Act; provided that the City of Rome shall pay one-third of the total cost of such paving, macadamizing or other improvement, after deducting the amount to be paid by such street railway companies now occupying or which may hereafter occupy such streets, avenues, lanes, alleys or any part thereof, as provided in sub-section (b) of this section of this Act. Paving without petition; city to pay third of cost. (d) Upon the completion of one or more sections of paving, macadamizing or other improvement, between any one or more intersecting streets of said city, the City Commission shall ascertain the proportional cost of such pavement, including street intersections, headers, curbing and intakes, chargeable to abutting owners, street railways or other public service corporations, or other persons occupying or using said streets, and shall cause the Secretary of said Commission to give written notice of such result to said abutting owners, public service corporations, or other persons, and the amounts so assessed shall be and become immediately due and payable; a copy of which notice shall be served upon the owner, agent or occupant thereof by any officer of the City and return thereof made on the original, which original shall be kept in the Secretary's office and recorded on the minutes, together with the entry of service thereon, and the city shall proceed immediately to collect the same; provided such abutting owners, street railways, or other public service corporations, or such other persons may, at their election, pay one-tenth of the amount assessed against them in cash within thirty days from date of the notice served upon them, and the remaining nine-tenths in nine equal annual installments, with interest thereon, at 7

Page 1415

per cent per annum, payable annually from the date of such notice; provided further that on default of any one of the said installments, the remaining installments shall become immediately due and payable and may be immediately collected as herein provided. Assessments. Installments. (e) A special lien is hereby created on and against the land of abutting owners and on and against the land and property of such street railway companies or public service corporations and others for assessments so made against them, and on failure to pay the full amount of such assessment in cash within thirty (30) days after the service of such notice the City Commission shall, by its secretary, causes executions to be issued against such abutting owners, street railways, or other public service corporation or others for the amount of such assessment or assessments, bearing seven (7) per cent interest from date of such notice; but if such abutting owners, street railways or public service corporations, or others, shall elect to pay their assessment on the installment plan, then and in that event the secretary shall issue executions for the unpaid installments, to be held in abeyance, subject to transfer to contractors or others, as part payment of the contract price, or to be held by the city, should the city on any account be entitled thereto, but not to be levied or collected unless and until default shall be made in the payment of any one or more of said installments. Lien of assessment. Execution. (f) All executions authorized to be issued under this Act or under any provisions of the charter of the City of Rome relating to the subject matter herein referred to shall be levied and collected as other tax executions in favor of said city are now levied and collected. Levy and [Illegible Text] (g) The secretary of the commission may, by direction of said commission, transfer said executions to contractors or others by suitable entry thereon, and they may be docketed as State and county tax executions are docketed when transferred under the laws of this State, and

Page 1416

the liens herein created thereby preserved. On the payment of all installments said executions shall be fully satisfied by the holders thereof. Transfer. (h) Should any abutting owner, street railway company or public service corporation or other person desire to contest the amount of their assessment, or the legality of any proceeding growing out of or connected with the paving, macadamizing, or other improvement, of the streets of the city, they may do so by filing with the levying officer an affidavit of illegality and stating therein the cause of such illegality, and the amount which he admits to be due, which amount so admitted to be due shall be paid to the levying officer before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Floyd County, Georgia, and there tried and the issue determined as in the cases of illegality, subject to the penalties provided as in cases of illegality filed for delay, and it shall be the duties of the judges of the Superior Courts to give preference to these cases over all other cases pending in said court. Affidavit of illegality. (i) The method herein provided for the collection of the proportionate parts of paving accounts from any and all persons and corporations liable therefor in favor of contractors and other transferees of executions, is for their use and benefit, and shall not be held or taken in any event to make the city liable on account thereof, or for court costs in contested cases, or on any claim. Collections; city not liable. (j) The secretary of the commission may transfer and assign without recourse on the city any execution or executions issued under this Act or the Acts of 1909 and 1918, creating a new charter for said City of Rome, and in that event the owners of such executions shall be entitled to any and all the remedies herein provided for the levy and collections of such executions by and through the officers of the city as though no transfer or transfers had been made, and all rights and remedies heretofore

Page 1417

existing in favor of such owners prior to the passage of this Act are herein expressly preserved. Transfer of execution. (k) Whenever, in the judgment of said city commission, it shall be deemed necessary to construct curbing and guttering on any street of said city, which is not paved or macadamized, said commission may, by resolution or ordinance, order such curbing and guttering to be constructed; provided such resolution or ordinance shall not be passed unless a majority of the abutting property owners to be affected shall agree in writing thereto. Said commission shall have the rights and power to fix by ordinance, and collect as other taxes are collected, the cost of such curbing and guttering, the total of which shall be assessed against the abutting property owners only, and when the cost of such curbing and guttering has been ascertained, the city shall through the City Manager, give ten days' written notice to the abutting property owners, of the amount that will be due by them for such curbing and guttering. The abutting property owners may, at their discretion, pay one-fourth of the amount assessed against them in cash within ten days from the completion of such curbing and guttering, or service of said notice, and the remaining three-fourths in three annual installments with interest thereon, at the rate of seven (7) per cent per annum, payable from date of such notice; provided that on default in the payment of any one of the said installments, the remaining installments shall become immediately due and payable and may be immediately collected. When sidewalks are laid, under requirements of the city the adjacent property owners have the right to pay for the same in installments as herein provided for payment of curbs and gutters. The rights and remedies of abutting property owners and of the City of Rome, as laid down and provided in sub-sections, e, f, g, h, i, j, of this section of this Act shall apply to and be in force in regard to the curbing and guttering provided for in this Act. Curbing and guttering.

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(l) The City of Rome shall have power and authority to create, survey and define special districts for the purpose of constructing trunk or main sewers, and to include in such districts all property that will or may be served by such sewers either directly or by lateral sewers to be built and connected therewith. Such districts shall be created by ordinance defining the limits and boundaries thereof, after such survey made. Sewer mains; districts. (m) When such a district is so laid out by ordinance, the city shall cause plans and specifications for trunk or main sewers, and such secondary sewers as may be necessary to be made, and the cost thereof estimated, all of which shall be filed in the office of the Clerk or secretary; and notice thereof, showing the general location of the district, and that such plans and specifications are on file, to be published at least twice in two separate weeks in a daily newspaper published and having a general circulation in the City of Rome. Any person specially affected may present written objections within one week, which shall be heard and determined by the City Commission. Plain and estimate. Notice. Objections. (n) After all objections have been heard and determined the city may advertise for bids for the work proposed or such part thereof as may be desired. Upon receiving bids it may accept the best bid, or may reject them all, and if no reasonable bid can be obtained may do the work without contract. Bids. (o) When the work determined on has been done, assessment shall be made on all the real property in the district to pay the cost thereof. Such assessment to be made on the tax value thereof. Each property owner's part thereof shall be calculated and notice shall be published at least twice in two weeks notifying all persons to appear and object or assessment will be confirmed. Any person objecting in writing shall be heard and his objection determined, and the assessment thereupon shall be confirmed and definitely fixed by ordinance. Assessments.

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(p) The property owners shall pay same in thirty days, except that upon the written request of the property owners and payment of one-tenth of the amount assessed, executions for the balance may be issued, payable one-ninth a year for nine years with interest at 7 per cent payable annually, and in case of default of installment or interest the whole may be declared due and collectable. Installments. (q) The city shall have the right to run such sewers outside the corporate limits of the city as may be determined, and power is hereby conferred to condemn any land in or out of the city for such purposes by proceedings duly had, as provided by the charter of the City of Rome and the laws of Georgia, the cost to be assessed as part of the cost of the work. Sewers outside limits; condemnation. (r) Lateral or secondary sewers may be built as above provided except that the cost may be assessed against the owners of the particular property served and to be served by such sewers, but execution may issue and bonds be authorized as hereinafter provided. Secondary Sewers. (s) For the purpose hereinbefore set out the city may include any property adjacent to and within one mile of the city limits in any sewerage district, and may assess the same its proportionate cost of such cost of such district at value to be shown by county tax books, and if not so shown then at value to be fixed by City Tax Assessors after notice and opportunity for hearing. But in such case the notice of the inclusion of such property in any sewerage district and that such property will be assessed its proportionate part of the cost shall be given the owners of such property outside the city by serving them personally or if they are non-residents by serving them resident agent personally. Such service to be made by the sheriff or his deputy and his return in writing made, for which he shall receive a fee of $1.00 to be paid by the city and it is hereby made the duty of the sheriff to serve same. If there is no agent, service may be made

Page 1420

by registered mail, directed to the owner at the last known address. Within two weeks after service such owners shall proceed by injunction to prevent the inclusion of his property in such district, or he shall not thereafter be allowed to contest the legality of such inclusion, nor any assessment thereafter made, on the ground that such inclusion was illegal. Assessments against non-residents. If this sub-section is held illegal it shall not effect any other paragraph or sub-section of this Act. Not to affect whole if held illegal. (t) Any person dissatisfied with the assessment either for trunk sewers or for lateral sewers may be authorized to contest the same as is provided for contesting paving or other improvement assessments by illegality. Contest. (u) The Rome City Commission, after the expiration of thirty days from the passage of the ordinance confirming and levying said assessments for the paving, macadamizing or otherwise improving the streets, avenues, alleys, lanes or any parts thereof, and for the laying of sewers as in this Act provided, may, 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 said assessments, and of such denominations as said commission shall determine, which bond or bonds shall in no event [Illegible Text] a liability of the Rome City Commission. One-tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall be payable one year after date thereof and one tenth thereof with yearly interest on the whole amount remaining unpaid shall be payable annually in each succeeding year until all shall be paid. Such bonds shall 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 or sewer bonds, and shall on the face thereof, recite the street or streets, part of street or streets, or other public places for the improvement

Page 1421

of which they have been issued, or along which sewers have been laid or sewer districts as herein provided, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefitted by said improvement under authority of this Act. Said bonds shall be signed by the Chairman of the Rome City Commission and attested by the Clerk of the Commission 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 Rome City Commission. Said bonds shall be sold at not less than par and the proceeds thereof applied to the payment of the contract price or other expenses by said Rome City Commission, 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 the 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 Rome City Commission shall direct. Said bonds shall be registered by the Clerk of the Commission in a book to be provided for that purpose and certificates of registration by said clerk of the commission shall be indorsed upon each of said bonds. Such bonds shall be validated by proceedings in the Superior Court held for that purpose and shall be incontestible after such validation. Bond issue. Payable from assessments. Recitals in bond. Registration. (v) The assessments provided for and levied under the provisions of this Act, whether or not executions have been issued thereon, shall be payable by the persons owning the said lots or tracts of land, as the several installments become due, together with interest thereon, to the Clerk of the commission, who shall give proper receipts for such payments. It shall be the duty of the Clerk of the commission to keep an accurate account of all such

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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 in connection therewith and for no other purpose. Collection of assessments. (w) In all cases where said Rome City Commission shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, alley, avenue, lane or other public place, which had been paved, or improved prior to passage of this law, or which shall hereafter be 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 of such improvements and levying assessments therefor and the isuance of bonds shall apply. Repaving, etc. Sec. 4. Be it further enacted by the authority aforesaid, that Section 122 of the Act approved August 19, 1918, be and the same is hereby repealed, and in lieu thereof, the following is enacted as Section 122: Act of 1918 amended. Any officer, agent or employee of the City of Rome shall upon reaching the age of sixty-five (65) years, be automatically retired from service and in the event that such officer, agent or employee has, at the time of reaching the age of sixty-five years, been in the service of the City of Rome for at least twenty-five years, the Rome City Commission shall provide by resolution or ordinance, a pension for such officer, agent or employee, not exceeding fifty (50) per cent of the salary being received at the time of such retirement; or provided that in no case shall the pension so paid amount to more than $50.00 per month. Provided further that no officer, agent or employee who is now in the employee of the City of Rome, Georgia, and is now sixty-five years or more old, shall by this Section of this Act be automatically retired, but such

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officer, agent or employee may voluntarily retire and receive the benefits of this section of the Act. New Sec. 122. Retirement pensions. Sec. 5. Be it further enacted by the authority aforesaid that the City of Rome, Georgia, is hereby given authority to purchase any necessary land outside of the city limits immediately adjoining the city limits for school sites, parks or play grounds; and when such property shall be purchased the same may be annexed and included within the corporate limits of the City of Rome, Georgia, such annexation to be made by the passage of an ordinance so declaring and by the publication of a proclamation reciting the purchase of such property and the passage of such ordinance. Purchase of land. Sec. 6. Be it further enacted by the authority aforesaid, that the Rome City Commission may by resolution or by ordinance create a City Planning Commission for the City of Rome, Georgia. Such Planning Commission shall consist of fifteen members who shall be duly qualified voters of the City of Rome, Georgia. They shall be appointed by the City Commission for a period of five years. In case of any vacancy occurring at any time, the same shall be filled by election by the City Commission for the unexpired term. The members of the said Planning Commission shall serve without compensation. Their duties shall be to plan for the growth and development of the City of Rome, Georgia, and to co-ordinate in the plans for such growth and development, make reports of recommendations to the City Commission for the future growth and development of said City. The Commission is further authorized to make such appropriations to the said City Planning Commission as may be proper for the purpose of carrying out the intent of this section and from such appropriations said City Planning Commission shall be authorized to employ and pay the necessary Engineers and experts to aid and assist it in carrying out the object of its creation. Planning Commission.

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Sec. 7. Be it further enacted by the authority aforesaid, that the Rome City Commission shall have authority to provide by ordinance for the establishment and maintenance of a permanent registration list of voters in said City of Rome, Georgia, in accordance with the following provisions: Registration of voters. (a) All the persons desiring to avail themselves of permanent registration shall personally sign a book to be kept by the Clerk or secretary of the Commission in his office, which shall be a public record. Said book shall be alphabetically divided by index, and each letter of the alphabet shall be subdivided, so as to make the finding of any name thereon possible with the least effort. Book. (b) Said book shall be so printed as to show in a column the name of the person registering, in another column the year of the birth of such person, and in separate columns the following information: The color of the person, the sex, whether native born or naturalized and the exact street address. In another column shall be a place for the signature in the own handwriting of the person, provided said person can write his or her signature, and if not such signature shall be made by mark witnessed by the Clerk of the Commission and his name written as such witness. At the head of each page of the book, there shall be printed an oath which shall be administered to each person registered, which be substantially as follows: GEORGIA, Floyd County. The undersigned, who being duly sworn, says that upon the line upon which he has signed his name or caused it to be signed, is correctly given his name, the year of his birth, his color, his original nationality and his correct street address; that he has paid all taxes required of him by the State of Georgia, County of Floyd, and the City of Rome; that he is a bona fide resident of the City of Rome, and has been for three months preceding the date of his signature hereon; that he has been a bona fide resident

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of Floyd County for six months, and of the State of Georgia for twelve months; and that he in good faith believes that he is entitled to vote in general State, county, and City elections. Oath. (c) This oath shall be administered by the Clerk of the City Commission in person to the applicant, and the date shall be entered in the column provided for the purpose. (d) Each person so registering shall thereafter be automatically re-registered upon payment of taxes each year, but in any year in which such person does not pay taxes, such person shall not be considered as registered; and if such person is not required to pay taxes he shall not be considered as registered in any year, [Illegible Text] he presents himself at the office of the Clerk of the Commission and takes an affidavit to be there provided and permanently filed, that he has been duly registered on the permanent registration list, and that no taxes are required of him by law for the State, County or City for that year, whereupon he shall be considered as registered for that year. Re-registration automatic on payment of taxes. (e) Any person who shall change his address from the address on the permanent registration list shall notify the Clerk or Secretary of the Commission prior to his voting at any election and shall make due proof that he is the person originally registered, and that he has changed his residence to some address which shall be given exactly and the City Commission shall have authority to provide what proof shall be required in such cases. Change of address. (f) No person shall be allowed to vote at any regular or special [Illegible Text] in the city of Rome, nor at any primary election held by any political party or organization, nor at any referendum recall or initiative election, unless his name shall appear on said permanent registration book and shall have been originally so entered, at least three months prior to the election or primary in which he proposed to participate. No person shall be authorized to vote at any such election or primary who has not paid

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all taxes required of him three months before such election, or primary, provided such tax is due as much as three months before such election or primary, and if the same is due within three months of such election or primary same must be paid before the election or primary before he shall be allowed to participate therein. Qualified voters. (g) Wherever the word he is used in this Act, it shall be construed to include both masculine and feminine. He to include both sexes. (h) The Rome City Commission shall provide by ordinance not in conflict with this Act nor the Charter of the City of Rome, for purging, investigating and purifying such permanent registration book, for striking names therefrom, and for giving notice and investigating registrations and eligibility to registration. Corrections to list. (i) Any person who shall have registered on such permanent list and who shall have moved his residence out side of the City of Rome, Georgia, shall be permanently striken therefrom and in case he shall move back into the City of Rome, Georgia, shall re-register on said book before he shall be entitled to vote. Address changed outside city. (j) Any person who shall have fraudulently registered, or who shall make any untrue statement of fact knowing the same to be untrue, or shall impersonate or attempt to personate another and shall vote or offer to vote under such impersonation, or who shall falsely or fraudulently claim that he is registered for the purpose of voting or attempting to vote at any city election or primary, shall be guilty of an offense against the City of Rome, shall be triable before the Recorder of the City of Rome, and upon conviction shall be punished by a fine of not less than twenty-five dollars and not more than five hundred dollars, and may be confined at hard labor on the streets of the City or other labor not more than six months, or any part of or all of either or both of these punishments. Fraudulent registration; penalty.

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(k) Any official of the City of Rome, whose duty it is to administer the oath stated and who shall fail to administer the oath, or who shall register any person on such registration list whom such official knows, or has reason to know, is not entitled to registration, shall be guilty of an offense against the City of Rome, Georgia, and upon conviction shall be fined not less than one hundred dollars and not more than five hundred dollars, and removed from office. Illegal administration of oath, etc.; penalty. (l) The clerk or secretary of the City Commission shall cause a list of the qualified voters in each election or primary, to be furnished to the managers of such election or primary, and no person shall be allowed to vote in any election or primary who is not duly qualified to vote therein. List of qualified voters furnished to managers. (m) The provisions of this section shall not become operative until approved by an ordinance of the Rome City Commission and shall not apply until the call of the primary for the next general election to be held in the City of Rome, Georgia. Effective on approval by ordinance. Sec. 8. Be it further enacted by the authority aforesaid, that beginning January 1st, 1926, the Rome City Commission shall have authority to levy and collect in addition to the taxes now allowed a tax of not exceeding two mills upon all the taxable property of the City of Rome, Georgia, for the purpose of paying interest on and providing for a sinking fund to retire, all bonds that may now be outstanding against the City, or which may hereafter be authorized and issued by the City of Rome, Georgia. Tax to retire bonds. Sec. 9. Be it further enacted by the authority aforesaid, that beginning January 1st, 1926, the City of Rome Georgia, shall have authority to levy and collect in addition to the taxes now allowed, a tax of not exceeding fifty cents on the one thousand dollars of all taxable property in the City of Rome, Georgia, to be used only for acquiring,

Page 1428

equipping, and maintaining parks and play grounds. Tax to maintain parks. Sec. 10. Be it further enacted by the authority aforesaid, that the Rome City Commission shall and it is hereby given authority to levy and collect in addition to all other taxes now allowed a tax of two mills upon the taxable property of said City of Rome, Georgia, for each of the years 1926 and 1927 only, for the purpose of the extension and improvement of the waterworks system of the City of Rome, Georgia. Waterworks tax Sec. 11. Be it further enacted by the authority aforesaid, that the City of Rome, Georgia, be and it is hereby authorized and empowered to levy and collect, as other taxes are now collected by said city, and in addition to other taxes now allowed by law or as herein provided, a special tax of five mills per year upon the taxable property of said City of Rome, Georgia, for each of the years of 1926, 1927, 1928, 1929, and 1930. Said special tax to be levied and [Illegible Text] and kept by the Secretary of the Rome City Commission in a separate fund and to be used for the following purposes only: five mills of the twenty-five mills herein authorized for the period of five years to be used solely for paying and retiring the floating debt of the City; four mills of the twenty-five mills herein authorized for the period of five years to be used solely for the extension and improvement of the Rome Water Works system; three [Illegible Text] of the twenty-five herein authorized for the period of five years to be used [Illegible Text] for acquiring, equipping and maintaining parks and play grounds; three mills of the twenty-five mills herein authorized for the period of five years to be used solely for street improvement; and ten mills of the twenty-five mills herein authorized for the period of five years to be used solely for the construction and equipment of new buildings, and the equipment of any buildings, of the Rome City Public Schools as the needs of said schools may require. The Rome City Commission shall by ordinance

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provide the amount to be levied and assessed each of said years for each and said objects, and they are hereby authorized to levy the full quota, or any part thereof, of each or any of said objects in any one or more of said five years as they may select. Provided that the total assessed and collected for any or all of said objects shall not exceed five mills for any one year during said five year period. And provided further: Special tax, 19261930. Purposes. (a) That before the provisions of this section of this Act providing for such special taxes as aforesaid shall become operative, it shall be submitted to a vote of the qualified voters of the City of Rome, Georgia, and the Rome City Commission shall by resolution order an election to be held in said City for the ratification of this section of this Act on such date as may be fixed in such resolution. 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 newspaper in which the sheriff's advertisements of Floyd County, Georgia, are published, appearing with fifteen days just preceding said election. Election to ratify tax provisions. (b) All persons qualified to vote under the rules governing special elections in and for said City shall be [Illegible Text] to vote in the election herein provided for. Those voting and desiring to vote for the levying of said special tax shall have printed on their ballots, For Special Tax, and those desiring to vote against the levying of said special tax shall have printed on their ballots Against Special Tax. Ballots. (c) If a majority of those voting in said election shall vote for special tax then the special taxes provided for in this section, upon the result of said special election by resolution of the Rome City Commission spread upon their minutes, so declared, shall become operative and of full force and effect. Returns.

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(d) Provided further, that the Rome City Commission may be resolution select and submit to a vote of the qualified voters of the City of Rome, Georgia, as herein provided, any one or more of said authorized tax levies for any one or more of said objects, without being required to submit each and all of the same; and all the provisions of this section of this act shall apply to those selected and submitted as fully as if all were submitted. Tax levies voted separately. (e) In the event that this section of this Act is ratified by the qualified voters of City of Rome, Georgia, as herein provided, Sections 9 and 10 of this Act shall become inoperative; but should this section of this Act not be submitted to the qualified voters of the City of Rome, Georgia, or if submitted the special taxes provided for in this section of this Act pertaining to parks and play grounds and the extension and improvement of the Rome Water Works System, as provided in this Section of this Act, be not ratified by the said voters in said election, Sections 9 and 10 of this Act shall remain operative. Sections 9 and 10 inoperative if this section ratified. Sec. 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925. ROSSVILLE CHARTER AMENDED. No. 338. An Act to amend the charter of the City of Rossville, Walker County, Georgia, approved August the 24, 1905, and all acts amendatory thereof so as to provide for the issuing of bonds for a system of sewers, to provide the construction and maintenance of a system of sewers, to provide for the paving of streets and sidewalks, and the right to assess the cost thereof to the owners of

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abutting property, to condemn property for the extension of streets, sewer lines, etc., to extend the city limits, to provide penalties for the violations of City ordinances and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: That Section 2 of the Act incorporating the City of Rossville, Georgia, approved August 24, 1905, and Section 10, amendatory of said Act, approved August 22, 1907, and Section 2 of the Act approved July 21, 1921, amending the Charter of Rossville, and defining the corporate limits of said city, are hereby amended by defining the corporate limits of said city as follows: That the corporate limits of said city shall begin on the State line between Georgia and Tennessee at a point 2800 feet, more or less, west of the point where Rossville Avenue crosses said State line, being 100 feet west of the west boundary line of A. E. Morrison's Third Addition known as Elm Wood Park, thence south in a straight line 2400 feet, more or less, to a point on Maple street opposite Carden avenue, thence west along Maple street 1200 feet more or less, to the corner of Maple street and Bryan avenue, thence south along Bryan avenue and old corporation line 1600 feet more or less to corner with land of J. W. Carlock, thence east along south line of Washington street 400 feet more or less, to the northwest corner of Cedar Lawn Addition, thence south 1900 feet more or less, to the south line of Wotring street, thence east along the south line of Wotring street 200 feet more or less, to the old corporation line, thence south along the old corporation line 800 feet more or less, to the south line of the Ellis Road, thence eastwardly along the land line of A. L. Ellis 400 feet more or less, to the Government, thence southernly direction along said road 400 feet, more or less to a point opposite the south line of the J. A. McFarland road, thence in an easterly direction along the south line of said J. A. McFarland road 1000 feet, more

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or less, to a point on the east line of the right of way of the Central of Georgia Railway, thence in a northerly direction along the east line of said right of way 3900 feet, more or less, to a point opposite Oak street, at a sharp angle in the old corporation line, thence following the old line eastwardly 1000 feet, more or less, to corner of old corporation line, thence northwardly along said old line 1200 feet more or less, to a point where Bronson Street crosses the south line of original land lot No. 9, in the ninth district, Fourth Section, Walker County, Georgia, thence east along the southern boundary line of the original land lot No. 9, and 10 to a point where said line strikes Crown street in Ridgecrest Addition, thence in a southeasterly direction along the south line of Crown street to the east line of Terrace street, in Boulevard Heights, thence in a northeasterly direction along the east side of Terrace street 300 feet more or less to the LaFayette road, thence across the LaFayette road to the east side of the Crest road, thence along the east side of the Crest road 3000 feet more or less, to the Georgia-Tennessee State line, thence west along said state line to point of beginning. Acts amended. Territorial limits. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the Mayor and Council of the City of Rossville, in the County of Walker, are authorized and empowered to order and have held an election by the qualified voters of said city, at such time as the Mayor and Council may designate, to determine whether or not bonds shall be issued by the said city of Rossville in a sum not exceeding one hundred thousand dollars ($100,000.00) to be sold for the purpose of establishing and maintaining a system of sewerage, for said City of Rossville. Said election shall be held in accordance with the provisions of sections 377 and 380 inclusive of the Code of Georgia of 1895, and at said election the ballots used shall be For Bonds and Against Bonds. Bond election to establish sewer system.

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Sec. 3. Be it further enacted by the authority aforesaid, that if the said election herein provided for be in favor of bonds for said purpose, then the Mayor and Council of said city of Rossville shall be, and are hereby authorized to issue the bonds of said city of Rossville, in a sum not exceeding ($100,000.00) in the aggregate. Said bonds shall be designated Sewerage Bonds of the City of Rossville and shall be in the sum of $1000.00 each and numbered from one to one hundred consecutively, and draw interest at the rate of not more than 6 per cent per annum, payable semi-annually on such dates as the Mayor and Council may fix, and to be for a term of thirty years. Said bonds when so issued shall be sold by the mayor and council in such a way as may seem advantageous for said city, for not less than par, and the proceeds thereof shall be used by the mayor and council for said city of Rossville for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage of said city of Rossville and no other purpose. Bond issue. Sec. 4. Be it further enacted by the authority aforesaid, that the mayor and council of the city of Rossville shall be, and are hereby authorized and empowered to annually assess, levy and collect a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they may deem right, proper and necessary for the specific purpose of paying the interest on said bonds, and also create a sinking fund sufficient to redeem and pay off said bonds at maturity thereof, and the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said city, and shall be used solely for the payment of the interest on said bonds, as it may accrue, and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax to retire bonds. Sec. 5. Be it further enacted by the authority aforesaid, that if the election herein provided for shall be

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against the issue of bonds, that the mayor and council of said city may, at any time after the expiration of one year from date of said first election order another election under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the legal voters of said city in the manner provided by law. Second election if first fails. Sec. 6. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to open, lay out, to widen, straighten or otherwise change streets or alleys in the said city of Rossville. When the said mayor and council shall exercise the power above delegated, they shall appoint two freeholders, and the owners of said lots fronting on side streets or alleys shall, on five days notice appoint two freeholders, who shall proceed to assess the damage sustained, or the advantages derived, by the owner or owners of said lots, in consequence of the opening, widening, straightening or otherwise changing said streets or alleys, and in case the said assessors can not agree, they shall select a fifth freeholder, the said assessors to take an oath that they will faithfully discharge their duties. If any property owner shall fail, after notification to appoint assessors by the time prescribed, then the two assessors appointed by the city shall proceed to make the assessment, and in event they fail to agree they shall call in a third freeholder, who shall be sworn, and act with them, and the finding of the majority shall stand as the award. The proceedings for extensions of sewer lines through private property shall be the same as above stated for streets and alleys. Street improvement. Assessors. Sec. 7. Be it further enacted by the authority aforesaid, that when it is proposed that any property be taken for public use, under authority of said city, in any department thereof whether for streets, sewers, waterworks, or any public purpose, and the same shall be assessed, or a price fixed, or award made as provided by law, it shall be optional with the City Government to decline

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accepting the property, should the price thus fixed or award made be deemed by the mayor and council to be too high or unreasonable. Option of [Illegible Text] property. Sec. 8. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to grade, pave, macadamize and otherwise improve for travel and drainage of the streets and public lanes and alleys of said city of Rossville, and to construct sidewalks and pave the same, to put down curbing, cross drains, crossings and other improvements the same. That in order to fully carry into effect the authority above delegated the said mayor and council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including the necessary curbing for the same, on the real estate abutting on the street and on the side of the street on which the sidewalk is so improved. The said mayor and council shall also have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved. Authority to [Illegible Text] etc. Amendment of third of cost. Sec. 9. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to enforce the collection of the amount of any assessment so made for work either upon streets or sidewalks, by execution to be issued by the Clerk of Council against the real estate assessed and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the Marshal of said city on such real estate and after advertisement and other proceedings as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder and such sale vest title in the purchaser as in case of tax sales, provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due specifying

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fully the grounds of such denial of liability, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of Walker County and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay; provided the Judge of said Superior Court shall have the authority to dismiss any such affidavit of illegality for insufficiency before the time when the same would regularly come up for trial. Execution. Levy and sale. Affidavit of illegality. Sec. 10. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to establish and fix such a system of grading and draining of the streets and sidewalks of said city as they may deem proper. They shall have full power and authority to order such pavements or sidewalks laid down as they may deem proper. Upon failure of any person to comply with the same within the time prescribed, the mayor and council may have the same done, and levy and collect the expense thereof by execution against the lands and goods and chattels of the owner of the lot or lots. Grading and draining; sidewalks. Sec. 11. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to prescribe by ordinance adequate penalties for all offenses against the ordinances of said city and to punish offenders by fines not exceeding three hundred ($300.00) dollars or imprisonment in the calaboose not exceeding sixty days, or by compelling them to work on the streets or public works of the city not more than sixty days, any one or more, or any part of any one or more of said punishments in the discretion of the officer trying the offender. Any person who during a sitting of court or session of council shall be guilty of contempt of court or council, or refuse to abide by any

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sentence or order of said court or council shall be fined in a sum not exceeding fifty dollars, or confinement in the calaboose or both in the discretion of the court or council. Violation of ordinances; penalties. Sec. 2. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to declare what shall constitute a nuisance, to prevent the same, to empower the proper officials to abate and remove the same, to provide for the punishment of the person or persons causing or suffering the same, to assess the expense of its removal against such person or persons and to provide for the collecting the same. Nuisances. Sec. 13. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1925. ST. MARYS; SCHOOL SYSTEM; ACT OF 1908 REPEALED. No. 206. An Act to repeal an Act entitled an Act to amend the charter of the Mayor and Aldermen of the City of St. Marys, and add to its powers and for other purposes; and also to repeal 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 of the same, that from and after the passage of this Act, the Act of the General Assembly of the State of Georgia, approved August 15th, 1908, and entitled an Act to amend the Charter of the Mayor and Aldermen of the City of St. Marys, and add to its powers and for other purposes, and all Acts amendatory thereof, be, and the same are hereby repealed. Act of 1908 repealed.

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Sec. 2. Be it further enacted by the authority aforesaid, that from, and after the pasage of this Act, the City of St. Marys and the Independent School System maintained by said City of St. Marys, shall constitute and become a part of the Public School System of Camden County, Georgia, as provided by law. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Schools incorporated in Camden System. Approved August 11, 1925. SANDERSVILLE ICE PLANT. No. 314. An Act to amend an Act approved August 18, 1919, creating a new charter for the City of Sandersville, and all Acts amendatory thereof; to authorize and empower the City of Sandersville to purchase, equip, own, and operate in connection with its electric light and water plant, or in connection with either, a plant for the manufacture of ice, and to sell ice at retail or wholesale; and for other purposes. Section 1. Be it enacted by the General Assembly or Georgia, and it is hereby enacted by authority of the same, that from and after the pasage of this Act, an Act approved August 18, 1919, creating a new charter for the City of Sandersville, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provision: Act of 1919 amended. That the said City of Sandersville shall have the power and authority through its mayor and council to purchase, erect, equip, own and operate in connection with its electric light and water plant, or either, a plant for the manufacture of ice, and shall have the power and authority

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to manufacture ice and to sell same at retail or wholesale, and shall have the power and authority to do any and all things as may be incidental and necessary to the carrying out of the authority herein granted. Authority to own and maintain plant. Sec. 2. Be it further enacted by the authority of the same, that all laws and parts of laws in conflict with this act be, and the same are hereby repealed. Approved August 20, 1925. SANDERSVILLE; SALE OF PLANT; REFERENDUM. No. 303. An Act to amend an Act approved August 18th, 1919, creating a new charter for the City of Sandersville, and Acts amendatory thereof; to provide authority for Mayor and Council to contract to sell and to sell the City's electric light and water plant, either or both, the distribution lines of either or both, all equipment and all property connected therewith and to cease operation of either or both; to provide that such sale shall before its consumation be ratified by vote of the qualified voters of the City of Sandersville at an election to be called for that purpose, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act creating a new charter for the City of Sandersville, approved August 18th, 1919, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions; the Mayor and Aldermen of the City of Sandersville are hereby authorized and empowered to contract to sell and to sell upon such terms and conditions as they may determine, the complete electric light and water plant either or both all

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distribution lines of either or both and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to said city and to cease operation of such utility or utilities, and to convey good and clear title thereto by deed of the City executed in its name by its mayor; provided however that before such sale is completed and such deed executed that such contract of sale shall be ratified and approved by a majority of the registered, qualified voters of the City of Sandersville voting in an election to be called for such purpose, said election to be [Illegible Text] by the Mayor and Council by ordinance and to be held at such time and place and under such terms as may be by ordinance specified; in determining whether said contract of sale has or has not been approved as herein required the registration list for the last general election for municipal officers shall be used; provided further that the essential terms of such contract of sale shall be published in the Sandersville Progress, or the then newspaper used as the official organ of Washington County, Georgia, at least one week before the day of such election; in such election those in favor of such sale shall have written or printed upon their ballots For Sale and those not in favor of such sale shall have written or printed upon their ballots against sale. Act of 1919 amended. Authority to [Illegible Text] plant. Referendum. Ballots. Sec. 2. Be it further enacted by the authority of same that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1925. SAVANNAH CHARTER AMENDED. No. 286. An Act to alter, revise, and amend the several Acts relating to incorporating the Mayor and Aldermen of the City of Savannah.

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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, a board of commissioners in the City of Savannah is hereby created, to be known as Bacon Park Commission. Bacon Park Commission created. Sec. 2. Be it further enacted by the authority aforesaid, that the members of the Commission shall be seven (7) in number. The Mayor of the City of Savannah shall be an ex-officio member of said Commission and shall be the chairman. The chairman of the Commissioners of Chatham County and ex-officio Judges shall likewise be an ex-officio member of said Commission. The Mayor of said city shall appoint the other five members of said Commission as follows: Two citizens of the City of Savannah, one for a term of three years, and one for a term of five years, two Aldermen of said city who shall remain members of said Commission only so long as they are aldermen; and a member of the said Commissioners of Chatham County and ex-officio judges, who shall remain a member only so long as he is on said Board of Commissioners of Chatham County. Such appointments by the Mayor shall be subject to approval by the majority of council, but said Mayor shall have the power and authority at any time to remove any member of said ommission, with the exception of the Chairman of the Commissioners of Chatham County and ex-officio Judges, with or without cause, and to fill any vacancy on said Commission for any unexpired term, the appointment to fill any vacancy to be subject to approval by the majority of council. Seven commissioners. Mayor and Chairman of Chatham Commissioners; appointment of five other members. Vacancies. Sec. 3. Be it further enacted by the authority aforesaid, that it shall be the duty of said Bacon Park Commission to manage, direct and care for that certain public park and municipal golf course situated in Chatham County, Georgia, near the City of Savannah, containing

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Six hundred seventy five (675) acres of land, more or less, known as the Bacon Park, and described as follows: Management of park. Beginning at a stone marking the northwest corner of the Chatham County Farm, extending thence along the northern boundary of said farm south 73 degrees 24 minutes east 3311.0 feet to the west line of the right of way of the Savannah Electric Power Company, thence along the western line of said right of way south 14 degrees 53 minutes east 1110.5 feet, thence across said right of way south of a row of pecan trees marking the extension of the south side of Bonabella avenue, 1366.8 feet across and to the east side of the present Skidway Road, thence along the east side of said road south 19 degrees 7 minutes west 209.5 feet, thence south 86 degrees 15 minutes east 667.0 feet, thence south 19 degrees 7 minutes west 1215.0 feet, thence south 76 degrees 48 minutes east 690.0 feet to the present eastern boundary of the County Farm, thence south 18 degrees 0 minutes west along said eastern boundary of the County Farm 4100.00 feet to a stone, thence following the boundary of the County Farm south 75 degrees 0 minutes 1011.8 feet to a stone, thence south 23 degrees 0 minutes west 1980.0 feet to a stone, thence south 83 degrees 0 minutes west 901.6 feet to a stone wall along the boundary of the County Farm, thence across what is now County property north 36 degrees 29 minutes west 2639.5 feet to a point 72.0 feet east of the center line of New Casey Canal, thence in a southwesterly direction 72.0 feet from and parallel with the center line of said canal to a point 35.0 feet east of the Meridian Road, thence in a northerly direction on a line parallel with and 35.0 feet east of the center line of the Meridian Road and across to the west bank of the old Casey Canal where said west bank intersects the said above described line, thence along said west bank of old Casey Canal north 32 degrees 58 minutes east to a point where the said line of the west bank of old Casey Canal intersects a line 12.5 feet north of and parallel with the center line of Hampstead

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Canal, thence following the direction of Hampstead Canal in a northwesterly direction along said line 12.5 feet north of and parallel with the center line of Hampstead Canal to the intersection of said line with the line dividing the County Farm from the Stevenson Subdivision, thence along said dividing line north 17 degrees 57 minutes east 1083.0 feet to the before mentioned stone marking the northwest corner of the County Farm. Bounded on the north by a proposed road to be taken from the properties of G. W. Lowden and W. H. Eskedor, a remaining portion of the County Farm and land of Fowler; on the east by lands of Walker Parsons, Calvert and Freemanville; on the south by a remaining portion of the County Farm; on the west by the Meridian Road, Hampstead Canal and Stevenson Subdivision. Property described. The jurisdiction of said Commission shall extend also over any other territory hereafter acquired for said Park. Sec. 4. Be it further enacted by the authority aforesaid, that the said Bacon Park Commission shall have the authority to make and prescribe rules and regulations for the government of said Park, and all recreation and amusement facilities thereon, and when said rules and regulations are approved by council they shall have the force and effect of ordinances of the City of Savannah. Authority to make regulations. Sec. 5. Be it further enacted by the authority aforesaid, that the police jurisdiction and police ordinances of the City of Savannah are hereby extended to embrace the territory of the said Bacon Park, hereinbefore described, and all the provisions of that certain Act of the General Assembly of the State of Georgia, approved August 5th, 1921, and found in Georgia Laws 1921, page 1084, establishing a police district for the City of Savannah, are hereby adopted as applying to the said Bacon Park. Territory subject to police jurisdiction. Sec. 6. Be it further enacted by the authority aforesaid, that the said Commission shall have the power to

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expend, for managing, improving controlling, extending and operating said park, all sums of money appropriated and turned over to said Commission by the Mayor and Aldermen of the City of Savannah, and shall have the entire charge and control of moneys so appropriated. The Mayor and Aldermen of the City of Savannah shall appropriate annually such funds as may be necessary for the management and operation of said park and all departments thereof, and also appropriate from time to time such additional funds as the said mayor and aldermen may see fit, to carry out the purposes of this Act. Said Mayor and Aldermen shall have the authority to make such appropriations to provide for the improvement and management of said park, for the period between the passage of this Act and the date in January of the following year when its annual appropriation shall be made. The money appropriated shall be drawn from City Treasury on the warrant of said Bacon Park Commission and shall be paid out from time to time as said Commission may determine. Funds. Sec. 7. Be it further enacted by the authority aforesaid, that the said Commission may select such employees for the control, management, and operation of said park and its amusement and recreation facilities as it shall deem sufficient and proper and shall have authority to pay the same from the moneys appropriated by the Mayor and Aldermen of the City of Savannah. Said Commission may discharge said employees at any time, with or without cause. Such employees so appointed, while on duty at said park, and for the purpose of preserving order and observing the rules and regulations of said Commission and the ordinances of the City of Savannah, shall have the power and authority of police officers, and it shall be incumbent upon said employees to preserve order in the said park at all times. Any person or persons who shall violate any of the rules of the said Commission shall be deemed guilty of disorderly conduct

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and shall be prosecuted before the police Court of Savannah, and upon conviction fined in a sum not exceeding One Hundred ($100.00) dollars, or imprisoned in jail for a term not exceeding thirty (30) days, either or both or any part of either or both, in the discretion of the Police Court. Employees. Disorderly conduct. Sec. 8. Be it further enacted by the authority aforesaid, that this Act shall not be held in any wise to impair or affect any contract or contracts made between the Mayor and Aldermen of the City of Savannah and the Commissioners of Chatham County and ex-officio Judges with regard to the conveyance of said property to the Mayor and Aldermen of the City of Savannah. Contracts not affected. Sec. 9. Be it enacted further by the authority aforesaid, that said Commission shall keep a record of its proceedings, and one of said Commissioners may Act as secretary thereof, or the Commission may appoint a secretary outside of its membership. Four of said Commissioners shall constitute a quorum, with power to transact business. The Mayor and Aldermen of the City of Savannah shall at all times have free access to all records, proceedings, books and papers of said Commission, and shall have the right to require said Commission to make such reports as it may see proper, of the actions and doings of said Commission; and the said Mayor and Aldermen shall likewise have the authority to make such recommendations to said Commission, regarding the control and management of said park and its recreation and amusement facilities, as said Mayor and Aldermen may deem proper. A majority vote of the Commissioners present shall govern and control in the transactions of all business of the said Commission. Records of Commission. Quorum; procedure. Sec. 10. Be it further enacted by the authority aforesaid, that the said Commission shall have the power and authority to charge such fees as it may deem proper, for the use of the amusement, health and recreational features

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of the said park; such fees, however, shall be turned over to the Mayor and Aldermen of the City of Savannah and deposited in the City Treasury. Said Commission shall have power and authority to lease privileges in said park, subject to the approval of the Mayor and Aldermen of the City of Savannah, the funds derived from such leases to be turned over to the Mayor and Aldermen of the City of Savannah and deposited in the City Treasury. Fees. Sec. 11. Be it further enacted by the authority aforesaid that the Mayor and Aldermen of th City of Savannah are hereby authorized and empowered to close and abandon that portion of the lane in Pierpont Ward in the City of Savannah lying between lots Nos. 80 and 81 on the north, Nos. 161 and 162 on the south, Pierpont Ward, and extending from the West line of lot No. 80 extended to the west line of lot No. 14, all in Pierpont Ward and to convey the same to the abutting property owners, the Georgia Hussars, its successors and assigns in fee simple. Conveyance of lane to Georgia Hussars. Sec. 12. Be it further enacted by the authority aforesaid that for the welfare of the citizens of the City of Savannah that the Mayor and Aldermen of said city are authorized to make such deed, conveyance or transfer as they deem necessary or see necessary to the Board of Education of Chatham County, Georgia, of the following lot or parcel of lot known and described as follows: All of that certain portion or parcel of land known and described as that certain northwest portion of lot Fifty-one (51), Morrison Ward, as shown upon the plan or map of the City of Savannah. Said portion of lot having the following dimensions: Frontage on Johnson street of ninety-eight and two-tenths (98.2) feet, with a rectangular depth of three hundred and twenty one (321) feet, and being bounded as follows: Bounded on the north by lot Fifty (50) of said ward; east and south by the remaining parts of lot Fifty-one (51), and west by Johnson

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street. They are authorized to make such deed, conveyance or transfer under such terms as they deem meet and proper. Deed of conveyance to Chatham Board of Education. Property described. Sec. 13. 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: Territorial limits. (a) The corporate limits of the City of Savannah shall 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, west of Atlantic street, and east of the corporate limits, as set out in the Act of 1924, (Georgia Laws 1924 p. 690 Sec. 12) as amended by the foregoing section of this Act, and north of 55th street lane, so that the Southern limits of the said city shall, upon the passage of this Act, be the Southern boundary of 55th street lane, as extended to the intersection of Atlantic street, as extended. Sec. 14. Be it further enacted by authority aforesaid, that Section 2 of the amendment to the Charter of the Mayor and Aldermen of the City of Savannah approved August 17, 1914, as set out in the published volume of Georgia Laws for the year 1914, on page 1179 thereof, as further amended by an amendment to the Charter of the Mayor and Aldermen of the City of Savannah approved August 1, 1924, as set forth in the published volume of Georgia Laws for the year 1924, on page 686 in the second paragraph of said page, be amended as follows: Act of 1924 amended. By inserting after the word Plats on page 686 of said Acts of 1924 and in the 19th line of said page, the words Squares, parks or open spaces of any shape or description by whatever name designated so that said provision as amended shall read as follows: Title to dedicate squares, etc., in subdivision. Provided, however, that where the owners of subdivisions lay off, grade or otherwise improve streets, lanes,

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plats, squares, parks or open spaces of any shape or description by whatever name designated, 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 therein or by condemnation under existing laws. And by the further adding paragraph to said Act as amended as follows: The Mayor and aldermen of the City of Savannah shall have a right and be empowered to disapprove any map or plan submitted of such subdivision which does not provide adequate means of access to the lots therein from the public streets or highways or from lanes between said lots; which is not laid out so as to provide for the continuation of existing streets and highways or for proposed widening of same deemed necessary by the Mayor and Aldermen in the public interest, which does not facilitate or permit an appropriate subdivision of adjacent property, which does not provide for a reasonable number and area of open spaces, parks, squares, plats and / or parking spaces for vehicles of any description, as may be reasonably necessary to preserve the health, comfort, convenience and safety of the contemplated inhabitants of said subdivision and as will also follow the general plan of the City of Savannah as originally laid out or subsequently added to, and or which, in the opinion of the said Mayor and Aldermen, is not planned, platted, laid out or subdivided in a manner as may be reasonably suited to preserve the health, comfort, convenience and safety of the comtemplated inhabitants thereof or which having in view the purpose of the subdivision is not in accord with the general scheme of city planning or zoning of said Mayor and Aldermen, pursuant to any zoning, laws or ordinances now in force or which may

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hereinafter be enacted; provided, that said Mayor and Aldermen may waive or modify any of the foregoing conditions or requirements wherever, owing to the peculiar shape or location of the land, such conditions or requirements cannot be reasonably followed, having due regard to the appropriate development of the land to be subdivided. Approval of subdivision plan. Paragraph B: Beginning at the point where the dividing line between Trickenham Plantation and Ponder Tract produced in a northwesternly direction would intersect the present line of the east corporate limits, thence in a southeasternly direction along said line produced and the dividing line between Trickenham Plantation and the Ponder and Grimm Tracts to the northwest corner of the Werm Tract thence in an easternly direction on the line between Trickenham Plantation and the Werm Tract to a point where the said line forms a corner with the before mentioned Werm Tract, Trickenham Plantation, the Mastick Tract, and another tract also the property of Werm, thence in a northeasternly direction along the dividing line between the last mentioned Werm Tract and Trickenham Plantation to the corner of Hillcrest Cemetery, thence in a southearnternly direction along the dividing line between the Werm Tract and Hillcrest Cemetery to the west right of way line of Kayton Canal, thence in a southernly direction along the west line of Kayton Canal to its intersection with the south line of Skidaway Road thence in an easternly direction along the south line of Skidaway Road to its intersection with the south line of Gwinnett street, produced from east to west across Skidaway road thence along south said line produced and along the south line of Gwinnett street in an easternly direction to the corner of Pennsylvania avenue, thence in a southernly direction along west line of Pennsylvania avenue to the northeast corner of the Golden Tract, thence in a westernly direction along the dividing line between Golden and the Gordonston Subdivision

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to a corner, thence in a southernly direction along the dividing line between said tracts to the east line of Skidaway Road thence in a northwesternly direction along the east line of Skidaway Road to a point where the north line of 31st street produced east from Waters Road would intersect said east line of the Skidaway Road, thence in westernly direction along said north line of 31st street to its intersection with the present east corporate limits, thence along the present east corporate limits in a northernly direction to the point of beginning. Territory described. Sec. 15. Be it further enacted by the authority aforesaid, that the Recorder's Court of the City of Savannah shall have the jurisdiction to try and dispose of all prosecutions brought to said Court for the violation of any Ordinance, rule or regulation of the Commissioners of Chatham County and ex-officio judges, just as it has in case of violation of the municipal ordinances of said city, and the authority to inflict such penalties on persons convicted of violating any such ordinance, rule or regulation as are prescribed, and where none is prescribed, the penalty prescribed in said City's ordinances for disorderly conduct. Recorder's Court; jurisdiction. Sec. 16. Be it further enacted by the authority aforesaid, that when any bond is given by any person charged with any offense against any ordinances, rules, or regulations of said county, for his or her appearance at any session of the Recorder's or Police Court of Savannah, and such person so giving bond shall fail to appear at the time appointed in said bond for his or her appearance, then the clerk of said Recorder's or Police Court shall issue a scire facias, which shall be served by any policeman of said county, two days before the return thereof, against the principal and his or her surety or sureties, calling on them to show cause within five (5) days from the date of said scire facias in said court, why said bond should not be forfeited, and if at the return time of said

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scire facias in said court no sufficient cause be shown to the contrary judgment shall be entered upon said bond against said principal and his or her sureties. On the entering of judgment on any such bond the Clerk of the said Court shall issue execution against the principal on said bond and his or her surety or sureties, in conformity to said judgment, and the same shall be placed in the hands of the Sheriff of Chatham County, Georgia, or his lawful deputy who shall proceed to collect the same as other executions placed in their hands are collected. Appearance bonds. Scire facias. Approved August 18, 1925. SAVANNAH PORT AUTHORITY. No. 216. An Act to make the Savannah Port Authority for the harbor and port of Savannah a body corporate and politic; to confer upon it certain powers, duties and jurisdiction; to authorize the City of Savannah to delegate to it lawful power, authority and function; to authorize it to exercise all power, authority and function granted and delegated it by the City of Savannah; to authorize the State of Georgia, the County of Chatham, or the City of Savannah to convey to it property for certain purposes, and the Savannah Port Authority to hold, own and operate said property for such purposes; to repeal the Act to create a Board of Harbor Commissioners for the City and port of Savannah, approved August 6th, 1921, (Georgia Laws 1921, Page 1067), and for other purposes. Whereas, the General Assembly of Georgia, by enactment approved August 18th, 1923, (Georgia Laws 1923, page 45), proposed to the qualified voters of the State of Georgia, an amendment to Article seven (7), Section seven (7), Paragraph one (1) of the Constitution of Georgia, and Preamble.

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Whereas, the qualified voters of the State of Georgia, after proclamation by the Governor, in the general election of 1924, and on November 4, of said year, ratified, confirmed and ordained said proposed amendment as follows, to-wit: And except that the Mayor and Aldermen of the City of Savannah, for the purpose of acquiring and or improving a site or sites on the Savannah River, in Chatham County, for publicly owned, operated and managed terminals, and for purposes of creating ingress thereto and egress therefrom, may incur a bonded indebtnedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding three million ($3,000,000.00) dollars. The Mayor and Aldermen of the City of Savannah shall be empowered to take charge of and administer municipally owned terminals of the port of Savannah and is hereby authorized to create, construct and operate new terminal, storage, handling and terminal transportation facilities at the port of Savannah, and to that end, shall have the right to condemn in accordance with the law, or otherwise may acquire any property necessary for said purposes, and may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, to pay for same by issuing mortgage or mortgages, and / or bonded bonds against the real estate and improvements thereon, and against such facilities, such mortgage or mortgages, and / or bond or bonds and all interest thereon, are to be paid out of the net receipts of said terminal, storage, handling and transportation facilities, after the payment of maintenance and operating expenses. The authority granted hereby shall be a continuing authority, and the first creation or establishment of terminal, storage, handling and transportation facilities shall not exhaust the power of the said Mayor and Aldermen of the City of Savannah. Bonds issued

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under this authorization shall be paid by preference out of the net receipts of the terminal, storage, handling or transportation facilities acquired, and / or created therewith, after the payment of maintenance and operating expenses, and so far as such net receipts may be insufficient then out of the entire receipts and revenues of the said municipally owned, operated and administered port of Savannah, after the payment of maintenance and operating expenses and prior bonded obligationsprovided, that each issue of bonds under said authority shall be subordinate to previous issues hereunder. The Mayor and Aldermen of the city of Savannah shall have power to regulate the commerce and traffic of the harbor of Savannah in such manner as may in its judgment be best for its maintenance and development, and the foregoing amendments to the Constitution shall be self-executing and operative, and the Mayor and Aldermen of the city of Savannah may by ordinance or otherwise carry the same into effect. The General Assembly may confer further and additional authority upon the Mayor and Aldermen of the city of Savannah, touching the disposition and control of said terminals and harbor not inconsistent herewith, and Whereas, on account of the growing commerce of the port and harbor of Savannah, it is now necessary to create, construct and operate such new terminal, storage, handling and terminal transportation facilities at the port of Savannah, for the handling of export and import cargoes in the port and harbor of Savannah, as will be equal, if not be superior to similar facilities at anyother American port, and to create, construct and operate under present or future tariff laws of the United States of America, and in accordance with such rules, regulations and permission of the Secretary of the Treasury, or of the Treasury Department of the United States of America, as may hereafter be obtainable, transit warehouses, bulk breaking, cleaning, fabricating and

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otherwise handling plants, built, constructed and operated with special reference to imports in aid of the commerce of the United States of America, and Whereas, the Mayor and Aldermen of the city of Savannah carried into effect said constitution amendment by ordinance passed, adopted and approved December 24th, 1924, as follows, to-wit: Section 1. Be it ordained by the Mayor and Aldermen of the City of Savannah, in Council assembled, and it is hereby ordained by authority of the same, That from and after the passage of this ordinance, there is created and established in the city of Savannah, the Savannah Port Authority for the harbor and port of Savannah, which shall be known as the Savannah Port Authority hereinafter termed Authority. The said Savannah Port Authority shall consist of seven (7) members, who shall be appointed by the Mayor of the city of Savannah, with the consent and approval of board of Aldermen of the City of Savannah. The members of the said Savannah Port Authority shall be citizens of Chatham County, Georgia, and one member shall be appointed for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years. Upon the resignation, death or removal from office of any of said members of the Savannah Port Authority, a successor shall be appointed by the Mayor of the city of Savannah, with the consent and approval of the board of Aldermen of the city of Savannah for the unexpired term. Upon the expiration of the term of office of said members of said Savannah Port Authority, their successors shall be appointed for the term of five years each. The principal office of said Savannah Port Authority shall be at the City Hall in the City of Savannah, and said Savannah Port Authority is hereby authorized and empowered to establish a branch office or offices in the city of Savanvannah,

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in the State of Georgia, the United States of of America, or any foreign country. Said members of the Savannah Port Authority shall serve without compensation, but shall be reimbursed for all necessary expenses. A majority of said Savannah Port Authority shall constitute a quorum for the transaction of business, and the Savannah Port Authority shall employ a secretary, and such other clerks as may be necessary to keep fair minutes and entires of all ordinances, orders, regulations and transactions of said Savannah Port Authority in a book or books to be kept for that purpose. Said Savannah Port Authority shall elect out of its own number a president, vice president and a secretary, whose duties shall be those usual to such offices. Said Savannah Port Authority shall meet at regular sessions, not less than once a month, and at such other times as the president of the Savannah Port Authority shall convene them, or on the written request of three members. The said Savannah Port Authority is hereby declared to be a department of the municipal government of the Mayor and Aldermen of the city of Savannah. Savannah Port Authority; seven members appointed by Mayor. Terms. Office. No compensation. Quorum. Officers. Meetings. Sec. 2. Be it further ordained by the authority aforesaid, That said authority shall have the power to regulate the commerce and traffic of the harbor and port of Savannah in such manners as may in their judgment be best for its maintenance and development. It shall be empowered and it shall be its duty to take charge of and administer the public wharves of the city of Savannah; the construction of new wharves, piers, docks, slips and basins where necessary, and to erect warehouses or sheds thereon; to place and keep the wharves, warehouses, sheds, and approaches in good condition; to maintain sufficient depth of water at said wharves; said authority shall have jurisdiction also over the lighterage and towboat companies operating in the port of Savannah, and shall make rules and regulations governing the services of such companies in said port. Regulation of commerce.

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Sec. 3. Be it further ordained by the authority aforesaid, That all rules and regulations adopted by said Savannah Port Authority shall before becoming effective be approved by the Mayor and Aldermen of the city of Savannah, and after being so approved, the said Mayor and Aldermen may provide that said rules and regulations shall have the force and effect of ordinances of the city of Savannah; and said Mayor and Aldermen shall have the power and authority to provide a fine of not more than one hundred ($100.00) dollars, and a penalty of not more than thirty days' imprisonment, either or both, or any part of either or both, for the violation of any such rules and regulations of said Savannah Port Authority. Rules and regulations to have effect of ordinances. Penalty. Sec. 4. Be it further ordained by the authority aforesaid, That the Mayor and Aldermen of the city of Savannah shall annually appropriate such sum or sums of money as it may see fit or deem necessary for the maintenance or support of said Savannah Port Authority. The said Mayor and Aldermen of the city of Savannah shall have the right to convey and transfer said Savannah Port Authority the title to any and all public wharves, terminals and lands acquired for wharf, dockage, warehouse and factory site purposes on the Savannah River owned by said Mayor and Aldermen of the city of Savannah at the time of the passage of this ordinance, or which may be afterwards acquired by it, and said Savannah Port Authority for the city and port of Savannah is hereby authorized and empowered to receive the title to such property and to own the same for the purpose as stated in this ordinance. Appropriations. Transfer of titles. Sec. 5. Be it further ordained by the authority aforesaid, That said Savannah Port Authority shall have the right to make such rules and regulations for the harbor and port of Savannah as they may deem proper. They shall also have the right to establish harbor lines in the Savannah river between such points in Chatham County

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as they may deem proper, and to enact rules and regulations for persons building or erecting structures of any character in said river on either side thereof within the city limits. Harbor lines; structures. Sec. 6. Be it further ordained by the authority aforesaid, That whenever any person or persons shall desire to construct, extend or alter any wharf or pier, or to erect, extend, alter or improve any other harbor structure into or on the aforesaid river and its navigable tributaries within the city limits, such person or persons shall make application to the President of the Savannah Port Authority, stating in writing the nature and extent of such intended wharf, pier, or other harbor structures or buildings in the nature of a wharf, or harbor structures aforesaid; and file in the office of the President of the Savannah Port Authority the plans and specifications showing fully the proposed erection, construction, extension, alteration or improvement and produce their deeds, or other evidence of title to the property to be so occupied, altered or improved; whereupon the President of the Savannah Port Authority shall give notice of the time and place of hearing such application, to all parties interested by advertising twice a week for two successive weeks, in two newspapers of general circulation published within the county in which such work is to be done, and by posting notice upon the premises referred to in such applications; it shall give its consent and issue a license for the erection, construction, extension, alteration or improvement for which application shall have been made, and cause the same to be recorded in the office of the President of the Savannah Port Authority, in a book to be kept by the said President of the Savannah Port Authority for that purpose; and such license shall not be unreasonably withheld. Application to construct, etc. Notice and hearing. License: Record. Sec. 7. Be it further ordained by the authority aforesaid, That any person or persons aggrieved by a decision of the said Savannah Port Authority granting or refusing

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in whole or in part, any application for a license to erect, construct, extend, alter, or improve any wharf, pier or bulkhead or other harbor structure, or as to any other thing under this ordinance, may within thirty days after the date of said decision present a petition to the Superior Court of Chatham County, Georgia, setting forth the facts in the case and the ground of petitioner's complaint, and thereupon said Court having first caused reasonable notice of the presentation of said petition, and of the time fixed for the hearing thereof, to be given to all persons who may be legally interested therein, shall proceed to hear and determine the subject matter of the said petition; and said Court shall make such order in the premises as it may deem legal and proper, and the said order shall be final and conclusive. It shall be lawful for the said court to appoint a Commissioner to take evidence to be used at the said hearing and to make such order for the payment of the costs, by one or more of the parties to the proceedings, as it may see fit and as justice may require. Appeal to Chatham Superior Court. Hearing. Sec. 8. Be it further ordained by the authority aforesaid, That the Savannah Post Authority shall make rules for regulating when in port all ships, vessels, and boats plying in the harbor of Savannah and the Savannah river and its navigable tributaries and serving the port and commerce of the city of Savannah, and shall have power to make surveys and soundings, ascertain the capacities of the aforesaid river and its navigable tributaries for commercial purposes, and to prepare plans therefrom, and to keep records thereof. They shall also have power to regulate, fix and establish state, county or city owned property, bulkhead and pierhead lines and a distance between piers, subject to the regulations of the United States Government; to adopt and promulgate rules and regulations for the construction, extension, alteration, improvement and repair of wharves, piers, bulkheads, docks, slips and basins. Vessels in harbor. Bulkhead lines, etc. Construction rules.

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Sec. 9. Be it further ordained by the authority aforesaid, That said Savannah Port Authority is hereby authorized and empowered, with the concurrence of the Mayor and Aldermen of the city of Savannah, to acquire by purchase or condemnation in the exercise of the right of eminent domain, or both, all lands, property, property rights, leases or easements deemed necessary by said Savannah Port Authority for the establishment of additional wharves and terminals in the port of Savannah, either within or without the corporate limits of said City. All proceedings with regard to the exercise of the rights of eminent domain by said Savannah Port Authority in the acquiring or damaging of land, property, property rights, leases or easements, shall be in the manner provided by the laws of the State of Georgia in the exercise of said right by other public corporations. Acquisition of property. Eminent domain Sec. 10. Be it further ordained by the authority aforesaid, That said Savannah Port Authority shall have the right to expend such monies as may be appropriated to it by the Mayor and Aldermen of the City of Savannah, or by the State of Georgia, or derived by it from fees and charges on ships and for the use of the wharves and terminals in the port of Savannah or from any other sources for the purpose of acquiring additional wharves and terminals in the port of Savannah, and for the improvement of and the addition to such public wharves and terminals as may be in existence at the time of the passage of this ordinance. Purchase and improvement of wharves. Sec. 11. Be it further ordained by the authority aforesaid, That the Savannah Port Authority for the city and port of Savannah, for the purposes of acquiring, and / or improving a site or sites on the Savannah River, in Chatham County, for publicily owned, operated and managed terminals, and for the purposes of creating ways of ingress thereto and egress therefrom, and for the purpose of creating, constructing, operating and administering terminal, storage, handling and terminal transportation

Page 1460

facilities, including a public belt line railroad at the port of Savannah, and for the purposes of creating, constructing, operating and administering under present or future laws of the United States of America, and in accordance with such rules, regulations and permission of any official or department of the United States of America, transit warehouses, bulkbreaking, cleaning, conditioning, fabricating and otherwise handling plants in the port of Savannah, with the advice, consent and approval of the Mayor and Aldermen of the City of Savannah, is hereby authorized and empowered to issue, from time to time, as may be required in the judgment of the authority, bonds not to exceed three million ($3,000,000.00) dollars, in such sums and denominations, and at such rate or rates of interest, as may at such time or times, be determined by ordinance of the Savannah Port Authority for the city and port of Savannah, approved by ordinance of the Mayor and Aldermen of the city of Savannah; said bonds shall be drawn payable to bearer, or shall be registered and released from registry under such rules and regulations as may be prescribed by said Savannah Port Authority, and no registered bond shall be negotiable; shall be signed by the President of the Savannah Port Authority and attested by the signature of the Secretary of the Savannah Port Authority, and shall bear the approval of the Mayor and Aldermen of the City of Savannah. Bonds issued under the provisions of this Section shall constitute a contract between the holder of the bonds issued hereunder, and the Mayor and Aldermen of the City of Savannah, and the Savannah Port Authority for the City and Port of Savannah. The Savannah Port Authority for the City and Port of Savannah shall have the right and authority to negotiate the bonds herein authorized at a rate not less than par and accrued interest. The Mayor and Aldermen of the City of Savannah, at the time or times, bonds shall be issued under authority of this Section, shall make provision for the payment of all interest thereon, and for sinking fund requirements

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for eventual retirement and payment of such bonds as are now required by law to be made. Provided, that if the proceeds of any bonds issued under authority of this Section, shall be used to create and construct a terminal, storage, handling, conditioning, cleaning or terminal transportation facility in the port of Savannah, the net receipts after the payment of maintenance and operating expenses of such particular facility or enterprise, shall be paid into the treasury of the city of Savannah by the other funds of the Mayor and Aldermen of the City of Savannah Port Authority for the city and port of Savannah at semi-annual or annual periods, segregated from Savannah, properly earmarked and applied to the payment of interest on such bonds and to the creation of said sinking fund, and if such net receipts are in excess of such interest and sinking fund requirements, such excess shall remain in the custody and control of the Savannah Port Authority for the city and port of Savannah, to be used by said Savannah Port Authority in further development of the port and harbor of Savannah, and the traffic and commerce thereof. Bond issue; for what purposes. Not to be sold below par. Provision for retirement. Surplus. Sec. 12. Be it further ordained by the authority aforesaid, That the Savannah Port Authority for the city and port of Savannah, for the purposes of acquiring, creating, constructing, operating and administering terminal, storage handling, and terminal transportation facilities; warehouses, bonded warehouses, bonded manufacturing warehouses, and other facilities and enterprises necessary or desirable for the operation and development of the port of Savannah, and any site or sites therefor, is hereby authorized and empowered to incur indebtedness, bonded or otherwise to pay for same, and is authorized and empowered with the consent, advice and approval of the Mayor and Aldermen of the City of Savannah to issue mortgage or mortgages, and / or bond or bonds against the real estate and improvements thereon, and against such facilities, such mortgage or mortgages, and

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/ or bond or bonds when issued shall be upon such terms and conditions and shall contain such covenants and contracts as the Savannah Port Authority for the city and port of Savannah, at the time of issuance shall determine, and such mortgage or mortgages, and / or bond or bonds and all interest thereon shall be paid out of the net receipts of said terminal, storage, handling and transportation facilities after the payment of maintenance and operating expenses. The authority granted by this Section shall be a continuing authority, and the first creation or establishment of terminal, storage, handling and transportation facilities under the provisions of this Section, shall not exhaust the power of said Savannah Port Authority for the city and port of Savannah. Bonds issued under this authorization shall be paid by preference out of the net receipts of the terminal, storage, handling or transportation facility acquired, and / or created therewith, after the payment of maintenance and operating expenses, and so far as such net receipts may be insufficient, then out of the entire receipts and revenues of the said municipally owned, operated and administered port of Savannah, after the payment of maintenance and operating expenses and prior bonded obligationsprovided, that each issue of bonds under authority of this Section shall be subordinate to previous issues thereunder. Authority to incurindebtedness. Mortgages and bonds. Retirement. Sec. 13. Be it further ordained by the authority aforesaid, That the Savannah Port Authority for the city and port of Savannah is hereby authorized, empowered and directed and it is hereby made its duty to take charge of and administer the municipally owned terminals at the port of Savannah; to create, construct, operate and administer new terminal, storage, handling and transportation facilities at the port of Savannah, including a public belt line railroad for the purposes of adequately serving publicly owned and operated terminals, privately owned and operated terminals, and / or

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industries located thereon, and the handling of all traffic and commerce at the port of Savannah, to, from and between all terminals and industries, and all common carriers, rail or water, serving the port of Savannah; to erect warehouses and other structures desirable or necessary to the commerce of the port of Savannah; to issue receipts, negotiable, or otherwise, for property or merchandise in its charge or possession; to provide mechanical facilities for the use of wharves, landings, sheds, warehouses and other structures in said publicly owned terminals and such other and further service for and in such terminals as the Savannah Port Authority may deem desirable or necessary. The Savannah Port Authority for the city and port of Savannah is hereby authorized, empowered and directed, and it is hereby made its duty to charge and collect for the use of such terminals, and for all terminal facilities administered by them and for any and all services rendered by such terminal, terminal facilities and by the Authority, such fees, rate, tariffs, or other charges as may be established by the Authority, and to charge and collect from all ships, vessels and boats entering the harbor and port of Savannah such harbor fees as the said Authority may establish and determine. Operation of terminals, etc. Receipts. Facilities. Terminal fees. Sec. 14. Be it further ordained by the authority aforesaid, That the department of harbor and wharves and the department of traffic of the City of Savannah, are hereby transferred to and declared to be in the organization of and under the jurisdiction, management and direction of the Savannah Port Authority, except as to the appointment or election of the harbor master, the incumbent of which office shall be appointed or elected to office as is now, or may hereafter be provided by law. The sum of fifty thousand ($50,000.00) dollars is hereby placed in the budget of the Mayor and Aldermen of the City of Savannah for 1925, for the account of and expenditure by the Savannah Port Authority,

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which sum of fifty thousand ($50,000.00) dollars shall include all provision for the department of harbor and wharves, and the department of traffic of the City of Savannah. Jurisdiction of harbor, wharves, traffic departments transferred. $50,000.00 appropriated. Sec. 15. Be it further ordained by the authority aforesaid, That the Savannah Port Authority is hereby authorized, empowered and directed, and it is hereby made its duty, as speedily as possible, to formulate and with the approval of the Mayor and Aldermen of the City of Savannah by ordinance expressed, adopt a plan for the development and administration of the harbor and port of Savannah, and the traffic and commerce thereof, and to that end, is hereby authorized and empowered to employ such expert, skilled and experienced assistance and help, including engineering, traffic, commercial and legal assistance upon such terms and conditions, and for such period of time, and at such compensation as in the judgment of the Authority is desirable or necessary. The personnel of such expert, skilled and experienced help and assistance shall hold office at the pleasure of the Authority, and may be discharged by the Authority at any time, with or without cause or reason. Development plan. Employment of assistance. Sec. 16. Be it further ordained by the authority aforesaid, That all ordinances and parts of ordinances in conflict with this ordinance be, and the same are hereby repealed. Repealing clause. Sec. 1. Now Therefore, 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 Savannah Port Authority for the harbor and port of Savannah is hereby declared to be a body corporate and politic, and as such public corporation shall have perpetual existence, with full power and authority to have and use a common seal, to sue and to be sued, to incur debts, liabilities and obligations, to exercise the right of

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eminent domain, to purchase, acquire by gift, construct, lease, and / or operate any terminal or transportation facility within or without the corporate limits of the City of Savannah, in Chatham County, Georgia; to make charges for the use thereof, and for any of such purposes to own, hold lease, and / or operate real or personal property and to do all acts and exercise all powers authorized by and subject to the provisions of said constitutional amendment, of said ordinance of the Mayor and Aldermen of the City of Savannah, and of this Act. Savannah Port Authority body corporate. Sec. 2. Be it further enacted by the authority aforesaid, that the authority and powers heretofore granted to the Savannah Port Authority under and by virtue of the said ordinance adopted by the Mayor and Aldermen of the City of Savannah, December 24th, 1924, are hereby ratified and confirmed, and the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to grant and delegate to the Savannah Port Authority by ordinance expressed, such further and additional lawful authority and powers as the Mayor and Aldermen of the City of Savannah may deem necessary, convenient or desirable in furtherance of the development, operation, and maintenance of the port and harbor of Savannah, and the Savannah Port Authority is hereby authorized and empowered to exercise and carry out all power, authority and function granted to and delegated to it, or which may hereafter be granted to it by the Mayor and Aldermen of the City of Savannah. Ordinance ratified and confirmed. Sec. 3. Be it further enacted by the authority aforesaid, that the State of Georgia, County of Chatham or the City of Savannah, now or hereafter owning and holding any property necessary, desirable or convenient for the development, operation and maintenance of the port and harbor of the City of Savannah, in Chatham County, Georgia, is hereby authorized to grant, convey and deliver such property to the Savannah Port Authority, with or without compensation, and the said Savannah Port

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Authority is hereby authorized and empowered to accept and hold the title and possession of such property, and pay for same, when required, the fair value therefor. Transfer of property. Sec. 4. Be it further enacted by the authority aforesaid, That that certain Act entitled An Act to create a board of harbor commissioners for the city and port of Savannah, approved August 6th, 1921, (Acts of the General Assembly of Georgia for 1921, Page 1067), be and the same is hereby repealed. Act of 1921 repealed. Approved August 14, 1925. SAVANNAH; SALE OF CERTAIN REAL ESTATE No. 53. An Act to confirm the sale by the Mayor and Aldermen of the City of Savannah to George D. Semken of a certain portion of Wright Street described as follows: Beginning at the property line at the intersection, on the Northeast Corner of East Broad Street and Wright Street and running East along the property line of Wright Street, seventy-six and six-tenths (76.6) feet; thence South perpendicularly across Wright Street along the property of Savannah Gas Company, formerly Wright Street, sixty (60) feet; thence West along the property line of Wright Street, seventy-seven and seven-tenths (77.7) feet; thence North along the property line of East Broad Street, sixty (60) feet, to the point of the beginning. Section 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 sale by the Mayor and Aldermen of the City of Savannah, a municipal corporation of said State, to George D. Semken, of Savannah, Georgia, of a portion of Wright Street, in the City of Savannah described in the above title be, and the same

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is confirmed, and the said municipal corporation is fully authorized to make a deed conveying the said portion of Wright Street to the said George D. Semken. Sale to George D. Semken confirmed. 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 27, 1925. SAVANNAH SIDEWALK ABANDONMENT. No. 153. An Act to authorize the Mayor and Aldermen of the City of Savannah to close and abondon the rectangular strip of sidewalk on the north side of St. Julian Street in the City of Savannah, Georgia, being 5.91 feet in width and 88.59 feet in length, from the northwest corner of Abercorn and St. Julian Streets in a westerly direction and being bounded on the north by the eastern part of Lot R.Reynolds Ward, in the City of Savannah, and to convey the same to the abutting property owner, W. T. Brightwell, his heirs 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 W. T. Brightwell, his heirs and assigns. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Mayor and Aldermen of the City of Savannah, be hereby authorized and empowered to close and abandon the rectangular strip of the sidewalk on the north side of St. Julian Street in the City of Savannah, Georgia, being 5.91 feet in width and 88.59 feet in length, from the northwest corner of Abercorn and St. Julian Streets in a westerly direction and being bounded on the north by the eastern part of Lot R. Reynolds

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Ward, in the City of Savannah, and to convey the same to the abutting property owner W. T. Brightwell, his heirs 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 W. T. Brightwell, his heirs and assign. Property described. Conveyance to W. T. Brightwell. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925. SAVANNAH SIDEWALK ENCROACHMENT. No. 80. An Act to authorize and empower the Mayor and Aldermen of the City of Savannah to allow Morning News, Inc., a corporation, to encroach on the southern sidewalk of Bay Street four inches for the purpose of erecting and maintaining six pilasters at the northern front of its new building on Lot 4, Carpenter Tything, Decker Ward, in the City of Savannth, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to allow the Morning News, Inc., a corporation, to encroach on the southern sidewalk of Bay Street four inches for the purpose of erecting and maintaining six pilasters at the northern front of its new building on Lot 4, Carpenter Tything, Decker Ward, in the City of Savannah, Georgia. Morning News, Inc., allowed to encroach Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1925.

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SOPERTON; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 132. An Act to amend an Act approved August 17, 1920, creating a new charter for the City of Soperton and all Acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell, and to sell said city's complete electric and steam plant, distribution lines, equipment and all property connected herewith and to cease operation of such utility; to grant local public utility franchises and use of streets and public places therefor; 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, an Act creating a new charter for the City of Soperton, approved August, 17, 1920, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1920 amended. The Mayor and Council of Soperton are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell, and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said City, and to cease operation of such utility, and to convey good and clear title thereto by deed of the City executed by its Mayor. Authority to sell plant; franchises. Sec. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1925.

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SPARTA; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 250. An Act to amend an Act approved August 7, 1905, creating a new charter for the City of Sparta and all Acts amendatory thereof; to provide authority for the Mayor and Aldermen to contract to sell, and to sell said city's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility; to grant local public utility franchises and use of streets and public places therefor; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act, an Act creating a new charter for the City of Sparta, approved August 7, 1905, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1905 amended. Section 1. The Mayor and Aldermen of Sparta are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said City, and to cease operation of such utility, and to convey good and clear title thereto by deed of the City executed by its Mayor, and to grant local public utility franchises and use of streets and public places therefor. Authority to sell plant; franchises. Sec. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same hereby repealed. Approved August 7, 1925.

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SPRINGFIELD TAX RATE. No. 288. An Act to amend Section 24, of an Act, entitled an Act to incorporate the City of Springfield, Georgia, (Act 1912, page 1296, Section 24), so as to authorize the Mayor and Aldermen of said City of Springfield, Georgia to increase the ad valorem taxes from five (5) mills to eight (8) mills per dollar, so that the said Section when amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that Section twenty-four (24) of the Act incorporating the City of Springfield, in Effingham County, Georgia (Acts of Ga. Legislature 1912, page 1296.....) be and the same is hereby amended as follows: By striking out and repealing the words One-half of one per cent. (1-2), where it appears in the clause in the twenty-sixth (26) line of section twenty-four (24) of said Act and inserting in lieu thereof the following words: Eight-tenths of one per cent. or eight (8) mills on the dollar, so that said clause in said Act in Section twenty-four (24) shall read as follows: Also a tax not to exceed eight-tenths of one per cent or eight (8) mills on the dollar, except as hereinafter provided, on all of the property within the corporate limits of said city, which is subject to State tax under the Constitution and laws of the State, this amendment especially applying to Section twenty-four of said Act and lines twenty-six, twenty-seven, and twenty-eight thereof. Act of-1912 amended. Tax rate, 8 mills on the dollar. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 18, 1925.

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STATESBORO; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 169. An Act to amend an Act approved August 17th, 1912, creating a new charter for the City of Statesboro, and all Acts amendatory thereof, to provide authority for the Mayor and the City Council of Statesboro to contract to sell, and to sell said City's complete electric and steam plant, distribution lines, equipment and all property conected therewith to grant local public utility franchises and use of streets and public places therefor, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act, an Act creating a new charter for the City of Statesboro, approved August 17, 1912, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1912 amended. The Mayor and City Council of Statesboro are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of streets and public places therefor; to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said City, and to convey good and clear title thereto by deed of the City executed by its Mayor. Authority to sell plant; franchises. 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, 1925.

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SWAINSBORO MAYOR AND COUNCIL; ELECTIONS. No. 118. An Act to amend an Act entitled an Act to Incorporate the City of Swainsboro in the County of Emanuel, and for other purposes, approved December 6th, 1900, (Acts of the General Assembly of Georgia, of 1900, pages 427 to 438) so as to provide for six Councilmen instead of five; so as to increase the term of Councilmen from a term of one year to a term of three years, providing that at the regular election, third Monday in December, 1925, a Mayor, for a term of one year and two Councilmen for a term of one year, two Councilmen for a term of two years and two Councilmen for a term of three years shall be elected; and providing for the election annually thereafter of a Mayor for a term of one year, and two Councilmen for a term of three years each; so as to provide in Section five of said Original Act for the ballot to contain a name for Mayor, and not less than two Councilmen, except as otherwise provided in this Amendment; so as to provide in Section ten of said Original Act for the creation of six instead of five Wards, and for a Mayor and six Councilmen, instead of a Mayor and five Councilmen so as to remove the time-limit of three years consecutive service on the part of Mayor and Councilmen, as provided in Section fourteen of said Original Act, by striking from said Original Act Section fourteen; so as to provide when the Mayor shall vote; 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 2 of the Act of the General Assembly of Georgia of 1900 (Acts of the General Assembly of Georgia of 1900, pages 427 to 438) incorporating the City of Swainsboro

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in the County of Emanuel be amended by striking out the word five in line three of said section, and inserting instead the word six, so that said Section 2 when amended shall read as follows: Act of 1900 amended. Section 2. Be it further enacted that the Municpal Government and Corporate powers of said City shall be vested in a Mayor and six Councilmen who shall be styled The City Council of the City of Swainsboro, and by that name are hereby made a body corporate, and as such shall have perpetual succession, shall have a common seal, may sue and be sued, plead and be impleaded, control, hold, possess, sell, convey and purchase for the use of said City real or personal estate of any kind, and exercise all the corporate powers that may be necessary in accordance with law. Sec. 2 read. Six Councilmen. Sec. 2. Be it further enacted that Section five of said original Act be amended by striking out the word five in line two of said Section, and substituting therefor the word two, and adding the following provision to said original Section 5: provided, That at the regular election to be held in and for said City on third Monday in December, 1925, a Mayor and two Councilmen shall be elected for a term of one year each, two Councilmen for a term of two years each, and two Councilmen for a term of three years each. Councilmen in this election shall state on their ballot which term they are running for; and annually thereafter, on the third Monday in December, there shall be elected a Mayor for a term of one year, and two Councilmen for a term of three years, so that said Section 5 of said original Act, when so amended, shall read as follows: Sec. 5. Be it further enacted, That from and after the passage of this Act, all ballots shall have written or printed thereon a name for Mayor, and not less than two names for Councilmen; and the polls at all elections in said City shall not be opened before eight o'clock A.M.,

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and shall be closed at four o'clock P. M.; provided, That at the regular election to be held third Monday in December, 1925, a Mayor and two Councilmen shall be elected for a term of one year, two Councilmen shall be elected for a term of two years, and two Councilmen shall be elected for a term of three years; and all candidates for Councilmen in this election shall have written or printed on their ballots for which term they are running. Annually, thereafter, on third Monday in December, there shall be elected a Mayor for a term of one year, and two Councilmen, each for a term of three years. Sec. 5 read. Ballots. Election in 1925. Sec. 3. Be it further enacter, That Section 10 of said original Act be amended by striking out the word five where the same appears in both the second and twelfth lines of said Section 10, and inserting instead the word six in each instance where the word five occurs in said Section 10, so that said Section 10, when so amended, shall read as follows: Section 10. Be it further enacted, That said City may be divided into Wards, not less than six, as may seem best to the said City Council, the boundary lines of said Wards to be laid out and designated by said City Council, and when so laid-off into Wards, the said City Council shall, by resolution, fix the place in which elections are to be held in said Wards, one in each Ward, and voters shall then and thereafter vote in the Ward in which they reside. The managers of elections in each Ward shall be furnished by said City Council with a list of the registered voters in said Ward; and that then, and thereafter, said City Council shall consist of a Mayor, elected by the majority vote of the entire City, voting by Wards, and one Councilman from each Ward; and until then, and before that time, said City Council shall consist of a Mayor, and six Aldermen elected by the City at large; provided, that prior to the laying-out of said City into Wards, all voting by all voters shall be held at a place in or near the County Court House of Emanuel County, in said City. Sec. 10 read. Six wards.

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Sec. 4. Be it further enacted, That Section 14 of said original Act be, and the same is hereby stricken from said original Act, so that, from and after the passage of this Act there shall be no limit to the number of terms for which either the Mayor of said City, or the Councilmen thereof, may be consecutively elected. Sec. 14 stricken; no limit to number of terms. Sec. 5. Be it further enacted, That on all questions to be voted upon by said City Council of the City of Swainsboro, neither the Mayor, Mayor Pro-tem, or acting Mayor, shall vote unless there is a tie. Mayor to vote only in case of tie Sec. 6. Be it further enacted, That nothing in this Act contained shall be construed so as to, in any way, shorten the terms of the present Mayor and Councilmen, or to place any limitation whatsoever upon their powers, duties, etc. Powers of Mayor and Council not limited. 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 3, 1925. SWAINSBORO; SALE OF PLANT. No. 205. An Act to amend an Act entitled an Act to incorporate the City of Swainsboro, in the County of Emanuel, approved December 6th, 1900, (Acts of the General Assembly of Georgia of 1900, pages 427 to 438) and all amendatory Acts thereof, so as to provide authority for the City Council of the City of Swainsboro to contract to sell, and to sell, said City's complete electric and steam plant, distribution lines, equipment and property connected therewith; 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

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the same, That from and after the passage of this Act, the Act of the General Assembly of Georgia, approved December 6, 1900 (Acts of the Gneral Assembly of Georgia, of 1900, pages 427 to 438), incorporating the City of Swainsboro in the County of Emanuel, and for other purposes, as well as all Acts Amendatory thereof, are hereby amended as follows: Act of 1900 amended. The City Council of the City of Swainsboro is hereby empowered, by Ordinance, to contract to sell, and to sell, upon such terms and conditions as it may, by Ordinance determine to be for the best interest of the citizens of said City of Swainsboro, the complete Electric and Steam Plant, Distribution lines, and all Equipment, Apparatus and Property whatsoever, both real and personal connected therewith and used as a part thereof, belonging to the said City Council of the City of Swainsboro, and to convey good and clear title thereto, by deed of the said City Council of the City of Swainsboro, executed by its Mayor, attested by its Clerk, with the seal of the corporation attached. Authority to se plant. Be it further enacted, by 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, 1925. SYLVANIA; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 251. An Act to amend an Act approved August 17, 1909, creating a new charter for the City of Sylvania and all Acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell, and to sell said city's complete electric and steam plant, distributing lines, equipment and all property connected therewith and to cease operation of such utility; to

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grant local public utility franchises and use of streets and public places therefor; 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, an Act creating a new charter for the City of Sylvania, approved August 17, 1909, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Act of 1909 amended. The Mayor and Council of Sylvania are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell and to sell, upon such terms and conditions as they may determine, the complete and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected with and used as a part thereof, belonging to the said City, and to cease operation of such utility, and to convey good and clear title thereto by deed of the City executed by its Mayor. Authority to sell plant; franchises. 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 17, 1925. TALBOTTON; REGISTRATION OF VOTERS. No. 213. An Act to amend an Act approved August 20, 1913, entitled an Act to repeal the present charter of the Town of Talbotton; to provide a new charter for said town; to define its limits; to provide a Mayor for same; to define his duties; to provide a Clerk, Marshal, Night Marshal, and other necessary officers for said town; to define their powers and duties; to provide how

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the revenue of said town shall be raised; to enable said town to issue bonds; to define the power and authority of said town as a municipality; to provide for the maintenence of the streets, cemeteries, and public schools; to provide for the registration of voters in said town; to provide for election of officers; to regulate any and all business of any kind or nature within said town, and for other purposes, so as to change the manner of registration in said town by striking Section 9 of said Act and substituting a new Section 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 above recited Act of the legislature found in the Acts of 1913, page 1173, being the charter of the town of Talbotton be amended by striking from said Act Section 9 thereof, found on pages 1178, 1179, and 1180 of the Acts of 1913, and inserting in lieu of said Section a new Section which shall read as follows: Act of 1913 amended. Section 9. It shall be the duty of the clerk and treasurer of said town to provide a registration book to be known as the Permanent Registration Book for the town of Talbotton in which all the registered qualified voters of the County of Talbotton living within the corporate limits of the Town of Talbotton, or maintaining their legal residence within the County of Talbot and in the corporate limits of the Town of Talbotton, shall be allowed to register by writing their names therein, with their ages, occupation and address. When so registered their names shall be allowed to remain on said book as long as they remain regular qualified registered voters of the County of Talbot and residents of the Town of Talbotton. On the 15th day of December in each and every year the clerk and treasurer shall revise said book and strike therefrom the names of those not entitled to remain on said book and notify those stricken from said book of his action. A failure to pay the taxes due to the

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town of Talbotton for the current year shall be sufficient cause to strike said names from said book. After the said book is purged the said clerk and treasurer shall make from said book a list of the voters entitled to vote and no one whose name does not appear on said list shall be allowed to vote in any primary election nor in any election held in the Town of Talbotton for the purpose of electing officers for said town. In any special election the clerk and treasurer shall purge said list and book as above provided ten days before said election. New Sec. 9. Permanent Registration Book. Revision. Qualified voters. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1925. THOMASVILLE STREET IMPROVEMENTS. No. 265. An Act to authorize and empower the Mayor and Council of the City of Thomasville to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the said city and to improve the same by paving, macadamizing and draining the same; to provide for the procedure of such grading, improving and paving and for making and collection of assessments for the same, and for establishing a lien therefor; to provide for the payment of such grading, improving and paving entirely by the abutting and adjacent property owners on the basis of ten per cent. yearly for ten (10) years; to provide for the issuance of bonds by the said 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 empowering said Mayor and Council to close and abandon certain streets named therin.

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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 Mayor and Council of the City of Thomasville is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes and other places in the City of Thomasville 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 prescribed in this Act. Authority to pave etc. Sec. 2. That whenever the said Mayor and Council shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part thereof, within the limits of the City of Thomasville, said Mayor and Council shall by resolution declare such work or improvement necessary to be done and such resolution shall be published in ten consecutive issues of a daily newspaper published and having a general circulation in the City of Thomasville; and if the owners of a majority 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 Mayor and Council 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 streets, avenues, alleys, 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 Mayor and Council for such improvement of any street or part of street, alley, lane or avenues, or other public place, describing in such petition the

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character of the improvement desired, the width of same, and the materials preferred by the petitioners for such improvements, it shall thereupon be the duty of said Mayor and Council to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in such cases the resolution hereinbefore mentioned shall not be required. Resolution. Advertisement. Protest. Petition. Sec. 3. 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, avenues, lanes or alleys shall be assessed as real estate abutting upon the street, lane, alley or avenue paved or otherwise improved, and the said Mayor and 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 or avenue, shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley 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. Apportionment of expenses. Sec. 4. That whenever the petition provided for in Section Two of this Act is presented, or when the 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 provided for in said Section 2 of this Act, the said Mayor and Council shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the 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 and alleys and other public places where such public improvements

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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. Collection. Piping costs included in assessments. Sec. 5. 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 Mayor and Council shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Council 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 the improvement, and other such matters as may be necessary for preparing the necessary. plans, plots, profiles, specifications and estimates for said improvement. Said resolution shall set forth and all such reasonable terms and conditions as said Mayor and Council shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and said Mayor and Council shall by such 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 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 of not less than five

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years from the time of its completion or both, in the discretion of said Mayor and Council. Said resolution shall also direct the clerk 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 kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where such sealed proposals shall be filed and when and where the same will be considered by the Mayor and Council. Said notice shall be published in ten consecutive issues of a daily newspaper of general circulation in the City of Thomasville. At the time and place specified in such notice the Mayor and Council shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder, who will perform all the conditions imposed by the said Mayor and Council as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted with the plans and specifications and the Mayor and Council shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in their judgment satisfactory. Resolution to contract. Notice. Right to reject all bids; readvertisement. Sec. 6. As soon as 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 Mayor and Council shall by resolution appoint a Board of Appraisers, consisting of the Chairman of the Committee on Streets and Sewers of the Council, the Clerk of the City Council, and the Street Superintendent, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution

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appointing said board, said Board shall file a written report of the appraisal and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, avenue or other public places so improved with the Clerk of 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 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 [UNK]objections that may be made concerning said appraisement, appointment and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for said hearing shall be published by the Clerk of Council in at least five consecutive issues of any daily newspaper of general circulation in the City of Thomasville, and said notice shall provide for an inspection of such return by any property owner or other interested party. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The 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 Council shall be payable in ten equal installments and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several assessments are made payable each year. The said Mayor and Council 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. over and above the rate of interest stipulated in the bonds herein provided for. Board of Appraisers. Report. Hearing. Notice. Review. Assessments.

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Sec. 7. That the first installment of said assessments, together with the 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 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 within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the Treasurer of the City of Thomasville and relieve their property from the lien of said assessment, which money so paid to the Treasurer shall be disbursed pro rata between the contractor and the City in proportion to their respective interests. First installment due, when. Payment in 30 days; relief from lien. Sec. 8. That such special assessment 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 coequal 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.

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Sec. 9. That the said Mayor and Council, after the expiration of thirty days from the passage of said ordinance conforming and levying the said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments and to such denominations as the Mayor and Council shall determine, which bond or bonds shall in no event become a liability of the Mayor and Council of the City of Thomasville issuing same. One-tenth 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 suceeding 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 succeding year until all shall be paid. Such bonds shall 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 or streets or other public places for 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 benefitted by said improvement under authority of this Act. Said bonds shall be signed by the Mayor and attested by the Clerk of Council and shall have the impression of the corporate seal of the City of Thomasville 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 the Mayor and Council. Bond issue. City not liable. Recitals in bond. Said bonds shall be sold at not less than par, and the proceeds applied to payment of the contract price and other expenses by the Mayor and Council, or such bonds

Page 1488

in the amount that may be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements, shall be sold or otherwise disposed of as the Mayor and Council shall direct. Not to be sold below par. Said bonds shall be registered by the Clerk of Council in a book to be provided for that purpose and certificates of registration by said Clerk of Council shall be endorsed upon each of said bonds. Registration. Sec. 10. 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 land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Thomasville, who shall give proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections 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 thereby and for no other purposes. Receipts for payment. It shall be the duty of said Treasurer, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to publish in two successive issues of a daily newspaper published in the City of Thomasville and having a general circulation therein, 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, proceedings will be taken to collect said installment and

Page 1489

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 the same over to the Marshal of the City of Thomasville, 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 sale 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, and also subject to the right of redemption as provided in Sections 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 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 reasons why the affiant claims the amount is not due, and when received by the City Marshal, shall be returned to the Superior Court of Thomas County, 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 laws of Georgia. Notice of assessments due. Execution. Levy and sale. Affidavit of illegality. The failure of the Treasurer 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 and the execution issued therefor. Failure to publish notice n t to invalidate asessment.

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Sec. 11. That no suit shall be sustained to set aside any such assessment or enjoin the Mayor and Council from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized or contesting the validity thereof on any ground or for any reason, other than for the failure of the Mayor and Council to adopt and publish the preliminary resolution provided for in Section two (2) of this Act 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 commended within sixty (60) 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 in hole or in part for any reason whatsoever, the said Mayor and Council may at any time in the manner provided for 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. Suit to set aside assessment. Sec. 12. That in all cases where said Mayor and Council shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, alley, avenue, lane or other public place which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized or drained under the porvisions 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 Mayor and Council of the City of Thomasville the pavement is worn out and no longer serviceable. Repaving, etc. Sec. 13. That the publication of all notices in a daily newspaper called for in this Act shall be the number of

Page 1491

days therein specified exclusive of Sunday and legal holidays. Computation of time. Sec. 14. That whenever the abutting land owners of any street, alley, avenue or land of said city petition the said Mayor and Council as herein set out, or said Mayor and Council pass the resolution provided for in Section 2 of this Act, for the pavement of any such street, avenue, alley or lane, or other public places where the State or any other 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 county is the owner of the property the Chairman of the Board of County Commissioners of Thomas County is authorized to sign in behalf of the county; and where the City of Thomasville is the owner the Mayor of the City of Thomasville is authorized to sign in behalf of the city. Public property. Sec. 15. That the provisions of this Act shall in no wise annual and void the present law under the present charter of the City of Thomasville in reference to paying within the City of Thomasville, but the same shall be in addition to and supplementing the present laws governing paving within the city. Present charter not affected. Sec. 16. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed, provided that nothing in this Act shall be construed to repeal the amendment to the charter of the City of Thomasville approved August 21, 1916. Act of 1916 not affected. And provided further, That said Mayor and Council may at any time by a two-thirds vote close and abandon Davison Street between Broad Street and Gordon Avenue, and McLean Avenue between Hansell Street and Smith Avenue. Authority to abandon streets. Approved August 18, 1925.

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THOMASVILLE TERRITORIAL LIMITS EXTENDED. No. 272. An Act to amend the Charter of the City of Thomasville in the County of Thomas by changing and extending the corporate limits thereof, to define said limits and for other purposes. Section 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 Thomasville in the County of Thomas as appears in the Acts of the General Assembly of Georgia of 1889, page 254, approved October 3rd, 1889, and all Acts amendatory thereof be, and the same is hereby amended by striking out all of Section 3 of said Act and inserting instead the following to be designated as Section 3 as follows: Act of 1889 amended. Section 3. 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 Thomasville shall hereafter be the same as now provided and established by law, and in addition thereto all of that territory divisions and parcels of land contiguous thereto, together with the streets, roads and lanes used or unused hereinafter mentioned and described by plat and survey notes made by R. M. Marbary, Civil Engineer, by order of the Mayor and Council of said City in July, 1925, the same being as follows: Territorial limits. Beginning at the intersection of the present corporation line and west side of McIntyre Street; thence in a southernly direction along the west side of McIntyre Street (and west side of McIntyre Street projected) one thousand, five hundred and ten (1,510.0) feet to the south side of Jackson Street. Territory included.

Page 1493

Thence in a southeasternly direction across private property, four hundred twenty (420) feet to the intersection of west side of Morse Lane and the south side of..... Street projected. Thence south along the west side of Morse Lane two thousand one hundred forty (2,140) feet to the Morse north property line projected. Thence east along the Morse north property line and Morse property line projected, two thousand one hundred seventeen and four tenths feet (2117.4) to the east side Fletcher street. Thence in a northernly direction along the east side of Fletcher street, six hundred forty-eight and seven-tenths (648.7) to the center of a lane. Thence in a northwesternly direction along the northeast side of Fletcher street, two hundred eighty feet (280.0) to the south side of Augusta avenue. Thence in an easternly direction along the south side of Augusta avenue, two thousand one hundred forty feet (2140.0) to the intersection of the south side of Augusta avenue and center line of Magnolia Road. Thence in an easternly direction along the south side of Augusta avenue, two thousand six hundred sixty-five feet (2665.8) to the intersection of south side of Augusta avenue, the center line of Gordon avenue and south side Linton Mill road. Thence in an easternly direction along the south side of Linton Mill road and south side of Linton Mill road projected, eight hundred eighty-seven feet (887.0) to the intersection of south side of Linton Mill Road projected and the Luke Hoyt property line projected. Thence in a northernly direction along the Luke Hoyt property line one thousand two hundred forty feet (1240.0) to south side of Monticello road.

Page 1494

Thence in an easternly direction along south side of Monticello Road fourteen feet (14.0) to the intersection of the south side of Monticello Road and the center line of the abandoned road bed of the Florida Central Railroad. Thence in a northernly direction along the center line of the abandoned road bed of the Florida Central Railroad, two thousand no hundred thirty-nine feet (2039.0) to the intersection of the abandoned road bed of the Florida Central Railroad and the south side of Park avenue, projected. Thence in an easternly direction along the south side of Park avenue, six hundred thirty-five feet (635.0) to the intersection of the south side of Park avenue projected and the east side of Simeon street projected. Thence in a northernly direction along the east side of Simeon street, one thousand eight hundred twenty-seven feet (1827.0) to the south side of Colton avenue. Thence in an easternly direction along the south side of Colton avenue (and the south side of Colton avenue projected) five hundred eighty-three and six-tenths feet (583.6) to the east side of Parker lane. Thence in a northernly direction along the east side of Parker lane four hundred eight feet (408.0) to the south side of Metcalfe avenue. Thence in an easternly direction along the south side of Metcalfe avenue four hundred ten and five-tenths feet (410.5) to the intersection of the south side of Metcalfe avenue and the east side of Susie-way street, projected. Thence in a northernly direction along the east side of Susie-way street one thousand two hundred sixty-five and three-tenths feet (1265.3) to the north side of Remington avenue.

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Thence north eleven degrees (11 deg.) west three thousand nine hundred thirty-eight feet (3938.0) to the center of Jackson street at a point two thousand nine hundred sixty-three and seven-tenths (2963.7) east of the intersection of the center line of Mitchell street and the center line of Jackson street. Thence north sixty-two degrees, forty-five minutes, west, two thousand feet (2000.0) to the intersection of the Jemison east property line projected and the north side of Clay street (being one thousand four hundred thirty-three and seven-tenths feet (1433.7) east of the intersection of the center line of First street and the north side of Clay street.) Thence in a westernly direction along the north side of Clay street six hundred seventy feet (670.0) to the intersection of the present corporation line and the north side of Clay street. Thence along the present corporation line to the intersection of the present corporation line and Bruce branch. Thence in a northernly direction along the run of Bruces' Branch three thousand no hundred ten feet (3010.0) to the intersection of Bruce's branch and the south side of Magnolia Park. Thence in an easternly direction along the south side of Magnolia Park three hundred twenty and four-tenths feet (320.4) to the southeast corner of Magnolia Park. Thence in a northernly direction along the east side of Magnolia Park four hundred and fifteen feet (415.0) to the intersection of this straight line and the north side of Magnolia Park. Thence in a westernly direction along the north side of Magnolia Park and the north side of Magnolia Park projected, one thousand, one hundred eight feet (1108.0) to the intersection of the north side of Magnolia Park, projected and the west side of Magnolia avenue.

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Thence in a southernly direction along the west side of Magnolia avenue one thousand four hundred twenty-three and eight-tenths feet (1423.8) to the intersection of the west side of Magnolia avenue and the south side of a ten foot lane. Thence in a westernly direction along the south side of said ten foot lane and south side of said ten foot lane projected, one thousand four hundred seventy-seven and two-tenths (1477.2) to the east right of way line of the Albany branch of the Atlantic Coast Line Railroad. Thence in a southernly direction along the east side of right of way line of the Albany branch of the Atlantic Coast Line Railroad two thousand one hundred forty-five and three-tenths feet (2145.3) to the present corporation line. Thence along the present corporation line to the intersection of the present corporation line and the north side of Vine street. Thence in a westernly direction along the north side of Vine street (and the north side of Vine street projected) one thousand no hundred and sixty and four-tenths feet (1060.4) to the west side of Cassidy road. Thence in a southernly direction along the west side of Cassidy road seven hundred and fifty feet (750.0) to the intersection of the west side of Cassidy road and the present corporation line. Thence along the present corporation line to the point of beginning. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1925.

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THOMSON STREET IMPROVEMENTS. No. 77. An Act to authorize the Mayor and Council of the City of Thomson to construct, pave and otherwise improve sidewalks, or portions thereof, in said City, and to assess and collect the cost thereof out of the real estate abutting on the sidewalk, or portion thereof, so constructed, paved or otherwise improved; to provide for the collection of such assessments and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Mayor and Council of the City of Thomson shall have full power and authority, in their discretion, to construct sidewalks in said city and to pave the same or any portion thereof; to pave sidewalks or any portion thereof, already constructed; to put down curbing, and to otherwise improve the sidewalks, or any portion thereof, now constructed or hereafter constructed in said city. Provided that the consent of at least two (2-3) thrids of the owners of the property abutting on the sidewalk or the portion thereof proposed to be paved constructed or otherwise improved shall first give their written consent thereto. Authority to construct sidewalks. Consent of owners. Sec. 2. Be it further enacted by the authority aforesaid, that in order to carry into effect the power above delegated, said Mayor and Council in the City of Thomas shall have full power and authority to assess the cost of constructing, paving and otherwise improving sidewalks, or any portion thereof, including all necessary curbing on the real estate abutting on the sidewalk, or portion thereof in said city, constructed, paved or otherwise improved, and shall have power and authority to adopt any and all resolutions and to enact any and all ordinances and to establish all such rules and regulations as may be necessary to carry into effect the provisions of this Act. Power to asses and regulate.

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Sec. 3. Be it further enacted by the authority aforesaid, that said Mayor and Council shall have full power and authority likewise to assess the cost of keeping in repair, and in a condition suitable for travel, any of the sidewalks, or portions thereof, in said City, now laid out and hereafter lad out, on the real estate abutting on such sidewalks or portions thereof. Maintenance. Sec. 4. Be it further enacted by the authority aforesaid, that the amount of each assessment for constructing, paving or otherwise improving sidewalks or portions thereof, under the provisions of the foregoing sections of said Act shall be a lien on the real estate abutting on the sidewalk or portion thereof, constructed, paved or otherwise improved, from the date of the passage of the ordinance providing for the work and making the assessment. The amount of each assessment for the repair of and work on sidewalks, under Section three (3) of this Act, shall be a lien on the real estate from the time the repairs are made or work is done; and said Mayor and Council may make assessments under said Section three (3), by a general ordinance requiring all property owners to keep their sidewalks in repair, and in a condition suitable for travel authorizing the necessary work to be done by the officers of the city specified in such general ordinance. Lien of assessment. Sec. 5. Be it further enacted by the authority aforesaid, that whenever an ordinance or resolution shall have been introduced seeking to construct, pave or otherwise improve any sidewalk or portion thereof in said city now constructed or hereafter constructed, pending the consideration of such ordinance or resolution, an advertisement shall be inserted at least one time in the newspaper published in said city in which the advertisements of the sheriff of McDuffie county are published, at least ten days before the final pasage of such resolution or ordinance, such advertisement giving notice of the introduction of such resolution or ordinance the sidewalks or portions thereof proposed to be constructed, paved or

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otherwise improved, the probable cost per front foot and it shall set forth that the abutting property owners or others interested, are notified to appear at a meeting of said Mayor and Council to be held at a time stated in the advertisement, and make any and all objections that they may desire to urge to the passage of such resolution or ordinance, at the time named in said advertisement, if any property owner or other person desires to make objection to the passage of such resolution or ordinance full opportunity shall be given him at said meeting to make such objection. At said meeting and after hearing objections, if any are made to the pasage of such resolution or ordinance, said Mayor and Council shall have full right and power, in their discretion, to order such construction, pavement or other improvement made. Advertisement. Sec. 6. Be it further enacted by the authority aforesaid, that the assessments made under the provisions of this Act shall be apportioned, made and charged against the owners of and against the lots, pieces or parcels of land fronting and abutting on the sidewalks or portions thereof, constructed, paved or otherwise improved as herein provided, according to the just pro rata of the entire cost of such improvement to the abutting property owners on any such sidewalk or portion thereof, on the basis of lineal foot frontage. Apportionment of expense. Sec. 7. Be it further enacted by the authority aforesaid, that said assessments shall be made payable in five equal installments and shall bear interest at the rate of six per cent per annum. The first installment of said assessments shall be due and payable immediately upon the adoption of the ordinance or resolution providing for the improvement and making the assessment and one installment with the yearly interest on the amounts remaining unpaid shall be payable on the first day of December, of the year next succeeding the year of adoption of such ordinance or resolution, and one installment with the yearly interest upon the amounts remaining unpaid

Page 1500

shall be payable on the 1st day of December in each succeeding year until all shall be paid, provided, that any owner of property so assessed shall be allowed, if he so desires to make full payment of such assessments against him at the time the first installment is due, or thereafter, at any time, may make payment of any or all of the unpaid assessments with accrued interest. Installments Sec. 8. Be it further enacted by the authority aforesaid, that the said Mayor and Council shall have authority to enforce the collection of the amount of any assessment authorized under this Act by execution, to be issued by the Clerk of Council of said city, against the real estate so assessed and against the owner thereof at the date of the ordinance or resolution making the assessment except in case of assessments under Section three (3) of this Act, when the execution shall be issued against the real estate assessed, and the owner thereof at the time of the repairing or work was done, which executions may be levied by the Chief of Police or any policeman of said city, on such real estate, and after advertising and other proceedings, as in cases of sale for taxes due the said city, the same may be sold at public outcry to the highest bidder, and such sale shall be conducted in the same manner as the sale for taxes by municipal corporations in this state, and shall be subject to the right of redemption and purchase by the Municipality, in the same manner as provided in Sections 880, 881, 1169, 1170, 1171, and 1172, of the Code of Georgia of 1910, provided, that the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, 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 the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of McDuffie County and shall be there tried, and the issue determined, as in cases of illegality, and subject to all the

Page 1501

pains and penalties provided in cases of illegality for delay; provided the judge of said Superior Court shall have authority to dismiss any such affidavit of illegality for insufficiency before the time when the same would regularly come up for trial. The deeds made to the purchases by the proper officers under the sales provided for in this Act, shall be just as valid to the purchaser subject to the right of redemption as hereinbefore provided, as if made under the ordinary processes of law issued from the Superior Court. Execution. Levy and sale. Affidavit of illegality. Sec. 9. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City of Thomson are hereby fully authorized and empowered to adopt such rules and regulations by resolution, ordinance or otherwise as may be necessary to provide for the kind of material to be used in improving any sidewalk or portion thereof in said city, as provided in this Act, and the manner of the construction of such improvement, defining the extent, character and width thereof, and other such matters as may be necessary; to employ an engineer and to instruct him in the performance of his duties in preparing for such improvement the necessary plans, plots, profiles, specifications, estimates, and other duties that may be necessary to be performed by said engineer in connection with the preparation for and construction of such improvement. Resolution to contract. Sec. 10. Be it further enacted by the authority aforesaid, that said Mayor and Council are hereby authorized to let the contract for the construction of any improvement authorized by this Act, to the lowest and best bidder under such rules and regulations as may be adopted for advertising for bids and receiving proposals from contractors; and shall have the right to reject any and all bids and readvertise for other bids when any such bids submitted are not in its judgment satisfactory; and shall require of the contractor to whom the work of construction and making such improvement may be awarded, a

Page 1502

good and sufficient bond in an amount to be fixed by said Mayor and Council, conditioned for the full and faithful performance of the work and the performance of the work and the performance of the contract, and for the protection of the city and all property owners interested, against any loss or damage by reason of the negligence of such contractor, or by reason of the improper execution of the work, and may require a bond in an amount to be fixed by said Mayor and Council for the maintenance in good condition of such improvement for a period of not less than five years from the time of its completion. Bids; contract 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 27, 1925. TOCCOA PUBLIC SCHOOLS; TUITION FEE ABOLISHED. No. 276. An Act to repeal an Act approved December 16th, 1901, providing for a general admission fee for admission to the Public Schools of the City of Toccoa and for other purposes. The General Assembly of Georgia enacts the following: Section 1. An Act entitled, An Act to amend an Act to establish a system of public schools for the town of Toccoa City; to empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to authorize the county school commissioner of Habersham County to pay over to the Board of Education of said public school such part of the State school fund as may be the just pro rata share of said town,

Page 1503

and for other purposes, approved December 16, 1901, Georgia Laws 1901, page 661, is hereby repealed. Act of 1901 repealed. Sec. 2. All laws in conflict with this Act are hereby repealed. Approved August 18, 1925. TOCCOA; REGISTRATION OF VOTERS. No. 266. An Act to amend an Act chartering the City of Toccoa, Georgia, approved December 20, 1897, and the several Acts amendatory thereof, so as to provide for the permanent registration of voters in said City. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the charter of the City of Toccoa, approved December 20, 1897, with the several Acts amendatory thereof, be, and the same is, hereby amended as follows: Act of 1909 amended. The amendment of the charter of the City of Toccoa, approved August 16, 1909, providing for the registration of voters in said city, and for other purposes, be, and the same is, hereby amended by striking therefrom Section 8 of said amendment and substituting in lieu thereof the following: Section 8. The Clerk of the City of Toccoa shall keep in his office a book for the permanent registration of voters, and it shall not be necessary for any voter of the City of Toccoa when once registered under the existing law to register again unless his or her name be stricken therefrom by the Registrars for cause. New Sec. 8. Registration book; re-registration. Sec. 2. Be it further enacted by authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1925.

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TOCCOA STREET IMPROVEMENTS. No. 290. An Act to amend the charter of the City of Toccoa, so as to provide for paving and improving the streets of said City, and for other purposes. The General Assembly of Georgia enacts the following: Section 1. The charter of the city of Toccoa, Georgia, Laws 1897, page 341, and the several Acts amendatory thereof, is amended as follows: The Mayor and Council of the City of Toccoa are authorized and empowered to establish and change the grade of any street, alley, or other public place in said city and to improve the same by paving or macadamizing the same whenever in the judgment of said authorities the public convenience and welfare may require such improvement, subject only to the limitations prescribed in this Act; but such paving shall not be required unless the property owners owning sixty (60) per cent of the lineal frontage on such street shall petition for such paving or assent thereto. Such paving shall be done in sections of not less than two thousand (2000) feet unless the street or part thereof unpaved be shorter, and unless such street shall be a connecting link between paved streets. Charter amended; authority to pave, etc. Petition. Sec. 2. When said Mayor and Council shall deem it necessary to grade, pave or macadamize or otherwise to improve any street or alley of the City of Toccoa, or any part thereof, as above set out, or shall be petitioned by the owners of sixty (60) per cent of the lineal frontage on such street, the Mayor and Council shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published once a week in two consecutive issues of a newspaper published and having a general circulation in the City of Toccoa; and if the owners of more than forty (40) per cent of the lineal frontage of the land liable to assessment to pay for such

Page 1505

improvement of any such street or alley shall not within ten (10) days after the last publication of such resolution, file with the Clerk of said City their protest in writing against such improvement to be made, then said Mayor and Council 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 streets or alleys or parts thereof as hereinbefore set out to be so improved may be included in one resolution, but any protest or objection shall be made as to each street or alley separately, and when the owners of sixty (60) per cent of the lineal frontage on any such street shall petition the Mayor and Council to have such improvement made as herein set out, such petition shall be mandatory upon said Mayor and Council. Resolution. Advertisement. Protest. Sec. 3. The cost of the paving or improving of any street or alley provided for in this Act shall be paid by the property owner and the cost thereof assessed against his property as herein set out according to lineal frontage, and in any paving area street intersections shall be included in the cost of paving any particular street or part thereof and the total cost of the paving of such street or alley shall be assessed against the property in accordance with lineal frontage on said street. Apportionment of expense. Sec. 4. When the Mayor and Council of the City of Toccoa is petitioned as herein provided for the improvement or pavement of any street or when the Mayor and Council shall have determined to pave any street or alley, and shall have passed the resolution provided for hereinbefore, the said Mayor and Council shall have the power to enact an ordinance and to establish all rules and regulations necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer pipe connections to connect with any existing water, gas or sewer pipes in and underneath the streets and alleys or other public places where such public

Page 1506

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 improve ment, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for. Ordinance. Piping costs included in assessment. Sec. 5. 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 the owners of sixty (60) per cent of the lineal frontage of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the Mayor and Council shall adopt a resolution reciting that no such protest has been filed or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Council 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, and shall have prepared the necessary plans, plots, profiles, specifications and estimates. Said resolution shall set forth such reasonable terms and conditions as said Mayor and Council shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the Mayor and Council 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 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 (5) years from the time of its completion or

Page 1507

both in the discretion of said Mayor and Council. Said resolution shall direct the City Clerk 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 streets, alleys 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 and the place where such proposals shall be filed and when and where the same will be considered by said Mayor and Council. Said notice shall be once a week for two (2) consecutive weeks in a newspaper of general circulation in the City of Toccoa. At the time and place specified in such notice, the Mayor and Council shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder; said Mayor and Council shall have the right to reject any and all bids and re-advertise for other bids when any such bids are not satisfactory. Resolution to contract. Notice. Right to reject all bids; re-advertisement. Sec. 6. As soon as the said contract is let and the cost of improvement, including all expenses incurred by the City incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Mayor and Council shall be resolution appoint a Board of Appraisers, consisting of the Mayor, the Chairman of the Board of Tax Assessors, and one member appointed by the Mayor and Council, to appraise and apportion the cost and expenses of said improvement to the several tracts of land abutting on said improvement as herein provided. Within ten (10) days from the date of the resolution appointing the Board of Appraisers, the said Board of Appraisers shall file a written report of the appraisal, assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on said street or alley or other public place so to be improved with the City Clerk in the manner and on the basis herein provided. When said report shall have

Page 1508

been returned and filed, the said Mayor and Council shall appoint a time for the holding of a meeting of the Mayor and Council or shall designate a regular meeting of the Mayor and Council 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 one (1) time in a newspaper having a general circulation in the City of Toccoa, which publication shall be at least five (5) days and not more than ten (10) days before said meeting, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. 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 of Appraisers or as corrected by said Mayor and Council. Assessments in conformity with said appraisement and apportionment as confirmed by the Mayor and Council shall be payable in ten (10) equal installments and shall bear interest at the rate of not exceeding six per cent (6 per cent) per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The Mayor and Council shall by ordinance levy assessments in accordance with said appraisement and apportionment as so confirmed against the several tracts of land liable therefor. Board of Appraisers. Report. Notice and hearing. Review. Installments. Sec. 7. 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 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 of each succeeding year until all shall be paid; provided,

Page 1509

that if such assessing ordinance shall be passed after the first day of August 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 within thirty (30) 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 (30) days to the Clerk of the City of Toccoa and relieve their property from the lien of said assessment, which money so paid to the said Clerk shall be distributed pro rata between the contractor and the city in proportion to the respective interests. First installment due, when. Payment in 30 days; relief from lien. Sec. 8. Such special assessment 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. Sec. 9. The said Mayor and Council, 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 the date forty-five (45) days after the passage of the ordinance levying the said assessments and of such demoninations as the said Mayor and Council may determine, which bond or bonds shall in no event become a liability of the City of Toccoa issuing same. One-tenth in amount of any such series of bonds with the interest upon

Page 1510

the whole series to date shall be payable on the fifteenth 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 fifteenth day of November in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding six per cent. (6 per cent) per annum from their date until maturity payable annually, and shall be designated as street improvement bonds, and shall on the face thereof recite the 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 Mayor and Council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses, by the said Mayor and Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements, shall be sold or otherwise disposed of as the said Mayor and Council shall direct. Said bonds 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. Bond issue. City not liable Recitals in bond. Not to be sold below par. Registration. Sec. 10. The assessments provided for and levied under the provisions of this Act shall be payable by the person

Page 1511

owning the said lots or tracts of lands as the several installments become due, together with the interest thereon to the clerk of the City of Toccoa, who shall give proper receipts for such payments. It shall be the duty of the 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 thereon and expenses incurred thereto, and for no other purpose. Collections. It shall be the duty of said 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 newspaper having a general circulation in the City of Toccoa, 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 Clerk promptly after 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 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 Toccoa, 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 bidder; and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installment

Page 1512

with interest, and also subject to the right of redemption so provided in Sections 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 amounts 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 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 Superior Court of Stephens 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 clerk to publish said notice of maturity of an installment of said assessment and interest shall in nowise affect the validity of the assessment and interest and the execution issued therefor. Notice of assessments due. Execution. Levy and sale. Affidavit of illegality. Failure to publish notice not to invalidate assessment. Sec. 11. No suit shall be sustained to set aside any such assessment or to enjoin the said Mayor and Council from making any such assessment or levying or collecting any such assessment, or issuing such bonds or providing for their payment as herein authorized or contesting the validity thereof on any ground or for any reason, other than for the failure of the Mayor and Council to adopt and publish the preliminary resolution provided for herein 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 Mayor and Council may at any time in the manner provided for the levying an

Page 1513

original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Suit to set aside assessment. Sec. 12. In all cases where said Mayor and Council shall deem it necessary to re-pave re-macadamize, or otherwise improve any street, alley or other public place which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved or macadamized under the provisions of this Act, such p[UNK]avement 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 Mayor and Councilmen of said City the pavement is worn out and no longer serviceable. Repaving, etc. Sec. 13. Whenever the abutting land owners of any street or alley or other public places of said city petition the said Mayor and Council as herein set out, or said Mayor and Council pass the resolution provided for herein for the pavement of any such street, alley, 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 Stephens County or Ordinary, as the case may be, is authorized to sign in behalf of the county; and where the City of Toccoa is the owner, the Mayor of Toccoa is authorized to sign in behalf of the City. The provisions of this section shall in nowise annul and void the present law under the present charter of the city of Toccoa in reference to paving within the

Page 1514

city of Toccoa, but the same shall be in addition to present laws governing paving within said city. Public property. Sec. 14. When any street, alley, or other public place as herein provided is to be improved 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 include the cost of the same in the assessment as provided in Section 3 hereof. Extension of mains. Sec. 15. 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 18, 1925. TWIN CITY; SALE OF PLANT. No. 230. An Act to amend an act to establish a new charter for the Twin City, approved August 9, 1920, and all acts amendatory thereof; to provide authority for the Mayor and Commissioners of said City to contract to sell and to sell said City's complete electric steam plant, distribution lines, equipment and property connected therewith; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act establishing a new charter for Twin City, approved Aug. 9, 1920, and all Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1920 amended. The Mayor and Commissioners of Twin City are hereby authorized and empowered by ordinance to contract to

Page 1515

sell and to sell upon such terms and conditions as they may determine, the complete electric and steam plant, distribution lines and all equipment apparatus and property whatever, both real and personal, connected therewith and used as a part thereof, belonging to Twin City, and to convey good and clear title thereto by deed of the City executed by its Mayor. Authority to sell plant. Sec. 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1925. UNION CITY ELECTIONS. No. 148. An Act to amend an Act of the General Assembly approved August 17, 1908, incorporating Union City in the County of Campbell, State of Georgia, so as to prescribe the manner, time, and place of holding elections, giving the Mayor and Council the right to prescribe the hours for the polling place to be opened and closed, provided said time is prescribed at least ten days before each election and notices of such time posted in three public places in said city, and to prescribe the qualifications of voters, provide for permanent registration, a board of registrars and for other purposes. Section 1. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that from and after the passage of this Act, the Act of the General Assembly approved August 17th, 1908, incorporating Union City in the County of Campbell, State of Georgia, be and the same is hereby amended by striking out all of Sections 6 and 7 of said Act and inserting in lieu thereof the following: Act of 1908 amended.

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Sec. 6. Be it further enacted that all elections under the provisions of this Charter, whether regular or special and whether for the election of officers, or for the submission to the people of said City of questions of issuing bonds of said City or for any other purposes for which an election may be held in and for said city, shall be superintended and managed by at least three freeholders of said city who shall be appointed by the Mayor for that purpose. In case no appointment is made then any three citizens having the qualifications prescribed may act. Each of said managers before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their number, the following oath: We and each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power so help us God, and shall conform to the other election laws of this State that are applicable to general elections. The place of holding the election shall be at some place fixed by the City Council, and the Mayor and Council shall have the right to fix the hours during which the polling places is to remain open provided that the polling place must be opened at 10 o'clock A. M. and kept open for a period of at least five hours or said Mayor and Council may extend said time to an hour not later than 8 o'clock P. M. provided said council so prescribes the hours at least ten days before the election is to be held and causes to be posted in three public and conspicuous places, in said city, notices showing the place said election is to be held and the hour said polls will be closed, provided further that if no such action is taken by said City Council and no such notices are posted the polls shall be opened at 10 o'clock A. M. and closed at 3 o'clock P. M. All persons voting shall vote by written ballot. Those receiving the plurality of the votes cast for the respective offices shall be declared elected. The election officers shall keep tally sheets and list of voters and shall certify the result of the election, sign the same,

Page 1517

shall place it in a sealed package, deliver it to the Mayor, who shall keep same under seal until the first meeting of said Council held not less than four days after the date of the election at which time and in the presence of said Council he shall open the same and declare the results, and if any person desires to contest any election held hereunder said contest shall be had under the general laws of the State governing municipal contests. New Sec. 6 Managers. Oath. Polls. Notice. Returns. Contest. Sec. 7. Be it further enacted that every citizen of Union City as incorporated under this Act who is 21 years of age and who shall have resided in the State of Georgia for twelve months and in Union City for six months next preceding the election, and who has legally registered as a voter with the City Clerk of said City, at least 15 days before said election, and who shall have paid all taxes, both state, county and municipal, that may have been required of him or her, except for the year of the election and who has paid all fines, licences, business taxes and fees, and who has not been convicted of any crime involving moral turpitude, unless pardoned, shall be qualified shall be qualified to vote in any city election held in Union City for any purpose whatever. New Sec. 7. Qualified voters. Sec. 7a. Be it further enacted, that the City Clerk of said City shall at all times during business hours keep open a registration book for the purpose of registering voters in said city and any person qualified under the preceding section shall be entitled to register in said book and when once so registered they shall not be required to register again, provided, however, said book shall not be open for registration during the 15 days next preceding any election to be held in said city; but said book shall be closed 15 days before each election and delivered to the Board of City Registrars hereinafter provided for. New Sec. 7a. Registration. Sec. 7b. Be it further enacted that the Mayor of said city shall at least 15 days before each election appoint

Page 1518

three freeholders of said city as a Board of City Registrars whose duties shall be to purge the registration book of said city in the same manner as is now required of county registrars. Said Board shall ascertain the names of those voters whose names appear on said book who have failed to pay the taxes, etc., specified in Section 7 hereof, and shall remove from said book the names of all voters who have removed from said City, and shall prepare for the use of the election managers a list of all of the qualified voters of said City prior to the election. Provided further that said registrars shall receive reasonable compensation for their services to be fixed by the Mayor and Council. New Sec. 7b. Board of Registrars. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1925. VALDOSTA; ABSENTEE VOTERS. No. 261. An Act to amend the charter of the City of Valdosta so as to enable voters, residing therein and wishing to vote at any election of said city, who are required by their duties to be absent from said city on the day of any election held in said city, to vote in such election by registered mail, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act incorporating the City of Valdosta in the county of Lowndes, approved November 21st, 1901, be further amended, and the same is hereby further amended, so as to add thereto the following provisions: Act of 1901 amended.

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(1) That any voter at any election in said city, only when required by his regular business and habitual duties to be absent from said city in which he is registered, and otherwise qualified to vote, may vote, provided: Absentees may vote (2) He shall give notice in writing of such intention to the Registrars of said city not less than thirty nor more than sixty days prior to the primary, special or general election in which he desires to participate. Notice of intention. (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. (4) Upon receipt of 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 he 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 acknowledgement 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. Balloting. Witness. (5) An elector receiving his ballot under the provisions herein shall conform to all the requirements of sub-section 4, except that he shall sign and seal ballot in the presence of the American consul or his assistant, if the latter was directed to the consulate as herein provided, preserving all the secrecy of the ballot as provided in sub-section 4, and it shall be forwarded by the consulate within two days after receipt of same. In the army and navy

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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 sub-section 3 have been complied with. Witness abroads In army and navy. (6) The registrars upon receipt of the application for ballot, shall satisfy themselves that the applicant is duly qualified to vote in said city at any city election therein 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, as 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: Registrars to forward ballot, certificate coupon. (a) An envelope containing the folded ballot, sealed and marked ballot within. (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 City Clerk of said city. (7) The certificate of registration shall be printed, worded as follows: Certificate. This is to certify that..... is a qualified voter of the city of Valdosta, Lowndes County, Georgia, and entitled to vote in the city election to be held in said city on the..... day of..... 19.., for the purpose of........

Page 1521

Application for ballot received..... day of....., 19, from..... (post office) and mailed to..... (post office) as requested on..... day of..... 19. A copy of this certificate is filed with the letter of application. No. (Signed)..... ..... ..... Registrars for the City of Valdosta, Georgia. (Detach the coupon below and return). (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 seal and sign the voucher, the postmaster or assistant, signing as witnesses to said voucher. 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: Coupon of identification. Name..... color..... height..... age Color of hair..... color of eyes weight (estimated)..... birthplace given by voter..... Occupation..... Where voter claimed to have last voted..... county..... State. To the best of my knowledge, the above information is correct and the applicant has complied with the requirements of the law as above provided. I have no knowledge whatever of the marking, erasures or intent of the ballot enclosed. (Signed)..... Postmaster. (Post-office stamp.)

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(Or other persons designated in Sub-section four of this Act.) 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. (9) The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: Voucher. This is to certify that the enclosed ballot was received by me as per my application to the Registrars of the City of Valdosta, Lowndes County, Georgia, the envelope marked ballot within was opened by me in the presence of.....postmaster, consul, or commissioned officer, of.....marked while in the office, without assistance or knowledge on the part of any one as to manner in which same was prepared, and then and there sealed as provided by law. (Signed)..... Attested by: .....date.....day of19. Postmaster (or other person designated in sub-section 4 herein). (10) It shall be the duty of the Clerk of the City of Valdosta, Georgia, at the expense of said city, to furnish the Registrars of said city with a sufficient number of blank ballots, each properly sealed in an envelope marked ballot within, and take their receipt for same, within five days subsequent to the election the registrars of said city shall return to said City Clerk all unused ballots in their original sealed envelopes and a list of the voters who have been furnished ballots as herein provided. Ballots and envelopes.

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In all primary elections, it shall be the duty of the City Clerk of said city 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 said City Clerk under the provisions herein 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 printed thereon at top of said paid, or pads: Absent voters ballot, and each ballot shall be arranged so as to show the same series letter, and each ballot numbered consecutively 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. Primary ballots. (11) Upon the receipt of the return ballot from the voter the Registrars of said city shall, opposite the name of the voter in the book heretofore mentioned, write in ink the words: Deposited in sealed box by us on..... day of..... 19., and then add their own signatures 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 ballot: (12) On the day of the election the said 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 place or places 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 m[CNK]anagers the pad or pads with the stubs showing series letter and numbers of ballots furnished and no ballot

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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. (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. Box of ballots opened, when. (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 application and coupons and 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 resealed and placed in the office of the clerk of said city to be by him preserved in the vault in his office without interference therewith by any person except in case of contest of election the same may be delivered by said clerk to the person or persons, who are legally to determine such contest, and by them to be returned to the clerk and there kept by him as aforesaid. Box resealed and preserved. (15) Any person attempting to aid or abet fraud in connection with any vote cast, or attempted to be cast, under the provisions herein, shall be guilty of a misdemeanor, and upon conviction be punished as prescribed in Section 1065 of the Penal Code of 1910. Fraudulent voting. Any person attempting to vote in any election held in said city by fraudulently signing the name of a regularly qualified voter shall be guilty of a misdemeanor, and upon

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conviction punished as prescribed in Section 1065 of the Penal Code of 1910. Any public official who knowingly violates any provisions herein and thereby aids in any way the illegal casting or attempting to cast a vote at any city election held in said city, or who shall conive to nullify any of the provisions herein contained, shall be guilty of a misdemeanor, and upon conviction be punished as provided in Section 1065 of the Penal Code of 1910. Sec. 2. The election laws of Georgia shall be liberally construed with respect to the provisions herein contained, so that full force and effect may be given to such provisions. Election laws construed, how. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 18, 1925. VALDOSTA STREET IMPROVEMENTS. No. 100. An Act to amend the charter of the City of Valdosta, approved November 21, 1901, by adding the words vacate or close after the word straighten and before the word or in the third line of paragraph known as Section 35 of said Act; so that said Section when amended shall read: Be it further enacted that the mayor and council of Valdosta shall have full power and authority to open and lay out new streets and alleys, to widen, straighten, vacate or close or otherwise change any of the streets and alleys of said City. Whenever, in the exercise of said power, it shall be necessary to take private property, the said mayor and council shall make proper compensation to the owner or owners thereof; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the charter of the City of Valdosta, approved November 21, 1901, be amended by adding the words vacate or close after the word straighten and before the word or in the third line of paragraph known as Section 35 of said Act; so that said Section when amended shall read: Be it further enacted, that the mayor and council of Valdosta shall have full power and authority to open and lay out new streets and alleys, to widen, straighten, vacate or close or otherwise change any of the streets and alleys of said city. Whenever, in the exercise of said power, it shall be necessary to take private property, the said mayor and council shall make proper compensation to the owner or owners thereof. Act of 1901 amended. Authority to vacate and close. 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 29, 1925. VALDOSTA TAX EXEMPTIONS. No. 94. An Act to amend the Charter of the City of Valdosta, Georgia, so as to put into operation in said City paragraph 2a of Section 2, Article 7 of the Constitution of the State of Georgia, or amended, to encourage manufacturing and industrial enterprises in said City by exempting same from ad valorem taxes due said City for a period of five years, and for other purposes. Whereas an election has been duly held in the City of Valdosta, Georgia, as contemplated by Paragraph 2A of Section 2 of Article 7 of the Constitution of the State of Georgia, as amended, and the majority of the [Illegible Text]

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voting in said City at said election approved the operation in said City of Par. 2A, Sec. 2, Article 7, of the Constitution of the State of Georgia, as amended, to encourage manufacturing and industrial enterprises in the City of [Illegible Text] by exempting same from ad valorem taxes due said City for a period of time not exceeding five years: Preamble. Section 1. Be it therefore 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 in the County of Lowndes, approved November 21st, 1901, be further amended, and the same is hereby further amended so as to add thereto the following provisions: Act of 1901 amended. (a) Any person, natural or artificial, a resident of this State, who may hereafter build, equip, establish or enlarge within the limits of the City of Valdosta, Georgia, a plant for the manufacture or processing of cotton, wool, linen, silk, rubber, clay, wood, metal, metallic or non-metallic mineral, or combination of same, creamery or cheese plant; or for the production or development of electricity shall, as to such building, enlargement or equipment, be exempt from all ad valorem taxes due said City for a period of five years from the date of the beginning of the building, enlargement or equipment of such plants within the corporate limits of said city. Persons exempted. (b) That the Board of Tax Appraisers of said City shall determine what property within the corporate limits of said City shall be exempt from ad valorem taxes under the foregoing provisions, and such action of the Board of Tax Appraisers of said city shall be final, unless within twenty days after receiving notice, as now provided by law, of the assessment of such property for taxation, the question be raised that such property is so exempt from the ad valorem taxes so assessed against it, in which event the question of exemption shall be referred

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to arbitration, one to be chosen by the Tax Appraisers, one by the taxpayer, with the power of choosing an umpire in case of disagreement, and their award shall be final. Tax Appraisers. 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 July 29, 1925. VIDALIA; SALE OF PLANT. No. 341 An Act to amend an Act approved August 8, 1922, creating a new Charter for the City of Vidalia, and all Acts amendatory thereof; to provide authority for the Mayor and Council to contract to sell and to sell said City's complete electric and steam plant, distribution lines, equipment and all property connected therewith, and to cease operation of such public utility; 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 from and after the passage of this Act, an Act creating a new Charter for the City of Vidalia, approved August 8, 1922, and all Acts amendatory thereof be and the same are amended by adding thereto the following provisions: Section 1. The Mayor and Council of the City of Vidalia are hereby authorized and empowered by ordinance to contract to sell and sell upon such terms and conditions as they may determine, the complete Electric Light and Steam Plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof,

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belonging to the City of Vidalia and to cease operation of such utility and to convey good and clear titles thereto by deed of the City of Vidalia executed by its Mayor. Authority to sell plant. Sec. 2. Be it further enacted by authority aforesaid, that after the approval of this Act, that at such time and place as may be fixed by the Mayor and Council of the City of Vidalia, there shall be an election in said City of Vidalia by the duly qualified voters thereof, to authorize the selling of the Electric Light and Steam Plant, distribution lines and equipment, apparatus and property whatsoever belonging to said city, as the same then exists, said election to be held and determined as provided by said Mayor and Council of said city in which said election shall be furnished tickets as follows: For selling the electric light plant of Vidalia and all equipment and also Against selling the electric light plant of Vidalia and all equipment. If a majority of the legal voters of said city cast their votes in favor of the selling said electric light plant and all equipment, then the Mayor and Council of said city shall be authorized to sell the same. If a majority of legal voters of said city cast their votes against the selling of the same, then the Mayor and Council shall be without power and authority to sell the Electric Light Plant and equipment. That no election shall be held without first advertising the same in some newspaper published in said city once a week for four weeks prior to the time of holding said election. Said election shall be held at the place of holding elections in said city for Mayor and Councilmen. The qualifications of voters shall be the same as are now required of voters in the elections held in said city for Mayor and Councilmen. Election to ratify. Sec. 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925.

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VIDALIA SCHOOL TAX. No. 246. An Act to amend an Act entitled an Act to provide for a system of Public Schools for the City of Vidalia, in Toombs County; to provide for a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a Board of Education to conduct same, and for other purposes, approved August 20, 1906, as amended by the Acts approved August 8th, 1914, and August 16th, 1920, by striking out the words eitht-tenths of in the sixth and seventh lines of the amended section twelve (12) as it appears in section one (1) of the amendatory Act, of August 16th, 1920, above referred to, so as to provide that the tax which the Mayor and Council of the City of Vidalia shall be authorized to assess, levy and collect for the maintenance of said public schools shall not exceed one per cent per annum, on all of the taxable property in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act that section 12 of Act to establish a system of public schools for the City of Vidalia in Toombs County, Georgia, and for other purposes, approved August 20, 1906, and amended August 8, 1914, and still further amended by an Act approved August 16, 1920, be, and the same is hereby amended by striking out the words eight-tenths in the sixth and seventh lines of the amended section 12 as it appears in Section 1 of said amendatory Act of August 16, 1920, so that said section when amended shall read as follows: Act of 1914. amended. Section 12. Be it further enacted that if the election herein provided for shall be in favor of Public Schools, then the Mayor and Council of the City of Vidalia shall be authorized to assess, levy, and collect a tax, in addition

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to that now provided by law, not to exceed one per cent per annum, on all the taxable property of said town, which shall be used solely and exclusively for the purpose of establishing and maintaining said schools, and providing furniture, apparatus and buildings for said schools, and the proceeds that arise from the grant of the auditorium of present school building shall be used in like manner. The tax shall be collected by the first day of January of each year after the same is assessed and levied, in like manner as other taxes are collected and shall be turned over to said Board of Education to be used for the purpose aforesaid, and no other; provided, however, that the provisions of this Act shall not go into effect until said supplementary tax herein provided for shall have been levied and collected. Sec. 12 read. Tax rate. Sec. 2. Be it further enacted, that the provisions of this Act shall be submitted to a vote of the qualified electors of the city by the Mayor and Council of Vidalia under such rules and regulations as may be adopted by the Mayor and Council. If a majority vote for increase of school tax, the provisions of this Act shall be operative, and not otherwise. Election to ratify. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1925. VIDALIA STREET IMPROVEMENTS. No. 201. 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 Vidalia, in the County of Toombs; to consolidate and declare the rights and powers of said corporation; to provide for the regulation and control of the water, light and sewer systems; to repeal all conflicting

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laws and to consolidate and supersede all prior Acts or orders of incorporation or amendments; and for other purposes, approved August 8th, 1922, so as to authorize and empower the Mayor and Council of the City of Vidalia to establish and change the grade of any sidewalks, streets, avenues, alleys, lanes and other public places in said city and to improve the same by paving, macadamizing and draining and laying sewerage along the same; to require street and steam railroads in said streets and other public places to improve and pave the same within their tracks and on each side thereof; to provide for the procedure for such grading, improving and paving, and laying of sewerage and for the making and collection of asessments for the same, and for establishing a lien therefor; to provide for the payment, in whole or in part, of such grading, improving and paving and laying of sewerage by the abutting and adjacent property owners, and for the manner and mode thereof; to provide for the issuance of certificates or evidence of such liens, 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 the authority of the same, that an Act of the Legislature of the State of Georgia, entitled An Act to create a new charter for the City of Vidalia, in the County of Toombs; to consolidate and declare the rights and powers of said corporation; to provide for the regulation and control of the water, light and sewerage systems; to repeal all conflicting laws and to consolidate and supersede all prior Acts or orders of incorporation or amendments; and for other purposes, approved August 8th, 1922, be and the same is hereby amended by adding a new section thereto to be known as Section 118-A, reading as follows, towit: Act of 1922 amended.

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Section 118-A. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City of Vidalia shall have full power and authority, in their discretion, to establish and change the grade of any or all sidewalks, streets, avenues, alleys, lanes and other public places in said City and to improve the same by paving, macadamizing and draining and laying sewerage, any or all, along the same; to require street and steam railroads in said streets and other public places to improve and pave the same within their tracks and on each side thereof, for such distance as may be prescribed by said Mayor and Council; and said Mayor and Council may assess not more than two-thirds of the entire cost of such paving, grading, curbing, removing, repairing, draining and laying sewerage, any or all, against the abutting property and the owners thereof, including street and railroad property and the owners thereof according to the proportion that such abutting property bears to two-thirds of the cost of paving, grading, curbing, removing, repairing, draining and laying sewerage, any or all, of such side-walks, streets, avenues, alleys, lanes and other public places; and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof, including street and steam railroads thereon, by execution issued against such property and such owners. Said Mayor and Council shall have full powers and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose above stated, as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof, or such part as is to be borne by the abutting property and the owners thereof, on the abutting real estate, and owners thereof, according to the proportion such abutting real estate bears to two-thirds costs of paving, grading, curbing, repairing, removing, draining and laying sewerage, any or all, on or along such street, sidewalk, avenue, alley, lane or other public places, or according to the area or value of said real estate, any

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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 assessments, 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, as aforesaid, by execution issued by the City Clerk against the real estate so assessed and the owner thereof for the amount thus assessed; which execution may be levied by the chief of police or city marshall of said city on such real estate or other property owned by the owner thereof, without such levy being open to the charge of being an excessive levy, and after advertising and other proceedings, as in 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 now provided for tax sales by said city; provided, that all advertisements may be made in the official organ of said city, and provided, that to any execution issued under the provisions of this section the defendant shall have the right to file an affidavit of illegality to common law judgments under the practice of the Superior Courts of said State, denying that the whole or any part of the amount for which such 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 shall be returned for trial to the Superior Court of Toombs County, Georgia, and there tried, and the issues determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay only. The lien of such assessments and the executions issued thereon on abutting property, including that of street and steam railroads, and the owners

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thereof, for any such improvement contemplated and provided for by this section shall have 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 Unted 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 and improvement in each case. Said Mayor and Council shall have full power and authority to prescribe by ordinance such rules as they may in their discretion deem necessary and proper, to grade, pave, curb, macadamize, repair, drain or lay sewerage along or upon or otherwise improve any or all of the streets, avenues, alleys, lanes, sidewalks, or other public places in said City, and assess not more than two-thirds of the costs or expenses against abutting property, and the owners thereof, 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 fit and proper; provided, however that one publication of such ordinance, or ordinances, for any of the work and improvements contemplated by this section, in the newspaper designated as the official organ for said city shall be sufficient notice to the abutting property owner or the owners of any street or steam railroads having property or tracks abutting on such streets, sidewalks, avenues, lanes, alleys, or other public places in said city, of the contents and provisions of such ordinance, or ordinances, and of the fact that such improvements are to be made. Any other notice or notices deemed necessary or desirable to be made on abutting property owners by said City may be made in person or by leaving at the residence of the person to be notified if a resident of said City, but if such person is not a resident of said city then such notice may be served by publishing it for such time as may be prescribed by ordinance, and such publication in the official organ of said

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city shall be sufficient; provided, further that if said abutting property is owned by a partnership or by tenants in common notice to any one of such owners shall be deemed sufficient, and if such real estate is owned by a minor or other person laboring under legal disabilities notice to such minor or person laboring under legal disabilities and his or her guardian, if any, shall be deemed sufficient service of such notice; if such minor or person laboring under legal disabilities be a non-resident or absent from the city for more than ten days service may be made by publication as hereinbefore provided. In addition to the authority hereby vested in the Mayor and Council of said City to issue executions for such improvements as is herein provided, covering the assessments in question, the said Mayor and Council, shall have authority to issue paving, curbing, macadamizing, grading, draining or sewerage certificates, one or all, in the name of the City, in behalf of or payable to the paving or other 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 time or times, either for one year or more than one year, in the discretion of the Mayor and Council, to bear such legal rate of interest as may be fixed by Council, interest to be payable annually or semi-annually, and principal and interest to be paid at such place or places as may be fixed by said Mayor and Council; said certificates to be based upon the executions issued against the abutting property and the owners thereof for such street or sidewalk improvements aforesaid; and said City shall have authority to negotiate such certificates when so issued to contractors for such improvements or parties furnishing material therefor, in settlement of such paving or other improvement provided herein, 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 street or sidewalk improvement, and said City shall have the authority to collect

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assessments for such street or sidewalk improvement under such execution as may be issued by authority of said city, and use the money for the purpose of paying such sidewalk or street improvement certificates thus issued, and to prescribe the terms, the payment, the rate of interest and the time and place of payment of such executions and of such street or sidewalk improvement certificates. Said City, through its Mayor and Council, shall have all other and necessary authority under the law to fully improve, grade, curb, macadamize, repair, drain or lay sewerage in or along any or all of its sidewalks, streets, avenues, lanes, alleys, ways and other public places in said city of Vidalia, and to make assessments against the abutting property owners (either where all of the improvement is to be paid for by the abutting property owners or where a part of it is to be paid by said city) issue executions thereon with special liens and to provide the manner and form of enforcing the collection thereof, and all other necessary authority for successfully carrying out such street or sidewalk improvements, in manner to be provided by proper ordinance or ordinances to be adopted by said city. New Sec. 118-A Authority to pave, etc. Assessment of two thirds of cost. Equalizing and prorating. Execution. levy and sale. Affidavit of illegality. Lien of assessment. Ordinance. Notice Common ownership, etc. Certificates. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act shall be, and the same are hereby repealed. Approved August 11, 1925. WARRENTON; DISPOSITION OF ELECTRIC LIGHT PLANT. No. 5. An Act to amend the Charter of the City of Warrenton, Georgia, to provide that the Mayor and Council of the City of Warrenton be empowered to sell or otherwise dispose of the municipal electric light plant and equipment, 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 that the Mayor and Council of the City of Warrenton be and they are hereby authorized and empowered to sell or otherwise dispose of the municipal electric light plant at public or private sale, and execute title thereto. Authority to dispose of plant. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the foregoing Act be, and the same are hereby repealed. Approved July 17, 1925. WARRENTON PUBLIC SCHOOLS ABOLISHED. No. 6. An Act to abolish the local school system of the City of Warrenton, Georgia, to provide when said abolishment 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 the passage of this Act that the Act to establish a public school system for the Town of Warrenton, Georgia; to authorize and empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to create a board of education of public schools for said town; to authorize the county school commissioner of Warren County to pay to said board of education of public schools such part of the school fund for said county as may be apportioned, and for other purposes, approved August 22nd, 1907, and all acts amendatory thereof, be and the same are hereby repealed. Act of 1907 repealed.

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Sec. 2. Be it enacted by the authority aforesaid, that any laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 17, 1925. WATKINSVILLE BOND ELECTION. No. 139. An Act to authorize the Town of Watkinsville in the County of Oconee, by and through its Mayor and Council to order and have held an election by the qualified voters of said town to determine whether or not bonds shall be issued for sufficient funds based on an engineer's estimation not to exceed Twelve Thousand Dollars to be sold by said town for the purpose of using the proceeds thereof in erecting an electric power line to the nearest point to Watkinsville of the Barnett Shoals line of the Athens Railway Electric Company, thus furnishing said town of Watkinsville with electric power and lights, and to authorize the issuance of said bonds by said town by and through its mayor and council with power and authority to levy and collect a tax on all property, both real and personal, in said town of Watkinsville for the purpose of paying the principal and interest of said bonds, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Town of Watkinsville in the County of Oconee, State of Georgia, by and through its Mayor and Council, is hereby authorized to issue bonds in a sum, not to exceed Twelve Thousand Dollars, to be sold by said Town for the purpose of using the proceeds thereof in erecting an electric power line to the nearest point to Watkinsville of the Barnett Shoals line of the Athens Railway Electric Company, and furnishing said

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town of Watkinsville with electric power and lights, provided the issuance of said bonds be assented to by the qualified voters of said town at an election to be called for the purpose of submitting to them the question of the issuance of said bonds, in accordance with law. Bond issue, to erect power line. Sec. 2. Be it further enacted that should the requisite number of qualified voters of said town vote in favor of said bonds, the same may be issued and the proceeds of the same shall be used for constructing and erecting an electric power line to the nearest point to Watkinsville of the Barnett Shoals Line of the Athens Railway Electric Company, and furnishing said Town of Watkinsville with electric power and lights. Election. Sec. 3. Be it further enacted, that the said Town of Watkinsville shall have authority to levy annually upon all the taxable property in the Town of Watkinsville 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. Tax to retire bonds. Sec. 4. 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 6, 1925. WAYCROSS PARK AND ZONING COMMISSION CREATED. No. 145. An Act to amend the Charter of the City of Waycross, approved August 17, 1909, as amended by several subsequent acts; to provide for park and tree and zoning commission in lieu of the present park and tree commission, to define its jurisdictions and powers, to repeal the act of August 16, 1913, creating a park and tree commission, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Park and Tree and Zoning Commission is hereby created and established in and for the City of Waycross, the same to consist of six Commissioners to be appointed as hereinafter set forth, with the City Manager as an ex-officio member thereof. Any person over twenty-five years of age, who is a resident of the City of Waycross and has been a resident at least two years prior to his appointment, shall be elligible to appointment as a Commissioner, or member of said Commission. Six Commissioners. Eligibility. Sec. 2. Be it further enacted, that at the first regular meeting of the City Commission in January, 1926, the City Commission shall appoint six Commissioners as members of the Park and Tree and Zoning Commission; the terms of said Commissioners being as follows: two for the term of two years, two for the term of four years, and two for the term of six years, from the first Monday in January, 1926, respectively, or until their successors are appointed. At the expiration of the terms of office above stated the City Commission shall appoint the successors of the Park and Tree and Zoning Commission for a full term of six years. Each person appointed by the City Commission as a member of the Park and Tree and Zoning Commission as hereinbefore set out, shall be required to take and subscribe the following oath of office before some officer authorized to administer the same, towit: I do swear that I will faithfully and impartially discharge all the duties devolving upon me as a member of the Park and Tree and Zoning Commission of the City of Waycross, during my continuance in office; and that I will neither be concerned or interested pecuniarily, directly or indirectly, in any contract for work done or material furnished for or on behalf of any work or improvement or preservation of the parks, squares, grass-plats, trees, flowers, streets or cemeteries, while a member of

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said Commission. Should a vacancy occur in said Commission at any time from death, resignation, removal from the city or from other cause, the vacancy shall be filled for the unexpired term in the same manner as the office was orginally filled. Said Commissioners shall serve without compensation except as hereinafter provided. Terms of office. Oath. Vacancy. Sec. 3. Be it further enacted, that the said Park and Tree and Zoning Commission shall have all the powers hereinafter set forth, and, in addition thereto, such powers as may be proper and consistent with the organization and operation of the said Park and Tree and Zoning Commission as may be established by ordinance passed by the City Commission, and an office shall be provided for said Park and Tree and Zoning Commission at the City Hall, at which to hold its meetings, transact its business and to keep its records. General powers. Office. Sec. 4. Be it further enacted, that said Park and Tree and Zoning Commission shall have exclusive management and control of all matters and things relating to the care, preservation, improvement, adornment, good order and regulation generally of the parks, squares, grass-plats, trees, flowers and shrubs of said city and of the cemeteries in or controlled by said city, as well as the planting of, arrangement, pruning, trimming, and caring for trees, shrubs, flowers and grass in the parks, squares and cemeteries aforesaid, and also in and along the streets of said city; it shall determine what trees may be moved from said parks, squares, streets and cemeteries aforesaid, and what trees may be planted therein and when such removal or planting shall take place, and it shall superintend and take charge of such planting and removal. Control of parks, etc. Sec. 5. Be it further enacted, that said Park and Tree and Zoning Commission shall elect one of its members as Chairman and one as Vice-Chairman and shall adopt such

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rules for its government as it may prescribe. It shall keep a record of its proceedings and shall elect one of its members as secretary for such purpose. It shall hold a stated meeting each month at the City Hall, and such other meetings as may be necessary from time to time, or as may be called by the Chairman or in his absence, the Vice-Chairman of the said Park and Tree and Zoning Commission. A majority of said Commissioners shall constitute a quorum to transact business. The Chairman, or in case of his absence from the city, sickness or other disqualication, the Vice-Chairman shall preside at all meetings and be the general executive officer of the Commission. Said Park and Tree and Zoning Commission shall also make such rules and regulations as may seem to said Commission proper, touching the matters and things within its jurisdiction, which rules regulations shall be submitted to the City Commission of the City and when approved by them shall become binding and effective, and after being so approved, provision shall be made by the City Commission for any penalties necessary for the due observance of said rules and regulations. Officers. Quorum. Regulations. Sec. 6. Be it further enacted, that the said Park and Tree and Zoning 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 the necessary disbursements incurred by its members in the performance of their duties under the direction of the Park and Tree and Zoning Commission as may be pledged at the disposal of the said Commission by the authority of the City Commission. Employment of consulting advice. Sec. 7. Be it further enacted, that all officials of said city shall render assistance to said Park and Tree and Zoning Commission when it calls upon them for such services. Assistance. Sec. 8. Be it further enacted, that it shall be the duty of said Park and Tree and Zoning Commission and they

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shall have power to recommend or make suggestions to the City Commission and to all other public authorities concerning the laying out, widening, extending and parking or location of streets, sidewalks and boulevards; the relief of traffic conditions, congestion and development of housing and sanitary conditions and the establishment of zones or districts, suggestions concerning the use, height, areas and bulk of buildings or structures. To recommend to the City Commission and all other public authorities plans for the future growth, development and improvement of the municipality and especially with regards to its public and private buildings, and works, streets, parks, grounds and vacant lots and plans consistent with the future growth and development of the city looking towards the proper sanitation and especially service by public utilities and generally to do and perform any and all other acts and things necessary or proper to carry out the provisions of this Act; to study and propose such measures as may be advisable for the promotion of public interest, health, morals, safety, comfort, convenience and welfare of the city. In this connection the said Park and Tree and Zoning Commission shall have authority to make similar suggestions to the Commissioner or Commissioners of Roads and Revenues of Ware County with reference to an area covering two miles adjacent to the present limits of the City of Waycross. Recommendations as to streets etc. Sec. 9. Be it further enacted, that the said Park and Tree and Zoning 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 sub-division or lots which are intended to be sold. Sewers. Whenever said city undertakes the erection of a public building aside from school buildings, the buildings here referred to constitute buildings to be owned and controlled by the City of Waycross, the plans and location thereof must first be submitted to the Park and Tree and Zoning

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Commission and receive its approval before the erection of such building is begun. Public buildings. Said Park and Tree and Zoning 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 Park and Tree and Zoning Commission for a report as to construction, placing or designing of buildings or other structures and improvements or objects of art. Building recommendations. Sec. 10. Be it further enacted, that the said Park and Tree and Zoning Commission shall prepare and submit to the City Commission a comprehensive plan for the zoning of the City for 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 Park and Tree and Zoning Commission or the City Commission authority to finally control the location and operation thereof, but only to make suggestions which shall be given publicity and to give the owners or builders the benefit of the suggestions, all looking towards the final betterment and improvement of the City. Zoning plan. Sec. 11. Be it further enacted, that no ordinance or resolution authorizing any buildings, works or other improvements, where same is done by authority of the city or for the benefit of the city shall be passed by the City Commission unless same shall have first been submitted to the Park and Tree and Zoning Commission for its consideration and report thereon. Afterwards, the City Commission 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 Park and Tree and Zoning Commission thereon, to-wit: Public

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buildings, as above stated, where undertaken by or on behalf of the City of Waycross, except school buildings; viaducts, bridges, street fixtures and other street structures and appurtenances; opening, widening, vacating or extending of any street or renaming of any street. Ordinances to be submitted to commission. Sec. 12. Be it further enacted, that where any ordinance or resolution, relating to the matters just named or introduced in the City Commission, the City Clerk shall upon its introduction, refer such ordinance or resolution to the Park and Tree and Zoning Commission and the City Commission shall not act theron, until report shall be made by the Park and Tree and Zoning Commission as above stated, except where such report is delayed beyond a period of thirty days, the City Commission may take it up and pass the same without such report. Report. Sec. 13. Be it further enacted, that said Park and Tree and Zoning Commission at the beginning of each fiscal year shall make up a detailed budget of the expenditures necessary to be made by it in carrying out the processes of the Commission as above set forth, and of the amount of money needed by it for such purposes, and the City Commission shall make the necessary appropriation for carrying on the work of the said Park and Tree and Zoning Commission in like manner and form as appropriations are made for the other departments of the city; and the said Park and Tree and Zoning Commission shall have entire charge and control of said appropriation and of the expenditure thereof, and the same shall be paid out of the City Treasury upon bills or requisitions certified to by the Secretary of the Commission and approved by the Chairman, or in his absence, by the Vice-Chairman thereof. Said Park and Tree and Zoning Commission shall have control of its own labor and all work done in the parks, squares and cemeteries and streets of said City in the care, preservation and arrangement of the trees, shrubs, grass-plats and flowers in same, provided, however, that said Park and Tree and Zoning Commission

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shall not have the power to appoint a keeper of any of the cemeteries in or controlled by said city, but such official or officials shall be appointed by the proper authority of the City Government as provided by the laws and regulations of the city, and shall be paid out of the general funds of the city, but shall be under the control of the said Park and Tree and Zoning Commission. Budget. Appropriation. Control of labor. Sec. 14. Be it further enacted, that accurate accounts of expenditures made by the said Park and Tree and Zoning Commission shall be kept and quarterly reports made to the City Commission, and in addition to the said quarterly reports, the said Park and Tree and Zoning Commission shall submit on or before the first day of January of each year, to the City Commission, its reports for the preceding year showing all of its actings and doings, its receipts and expenditures of money with such recommendations as it may see fit to make relating to this department. The City Commission or any other citizen of the City of Waycross, shall at all times have free access to the records and proceedings, books and papers of said Park and Tree and Zoning Commission. Accounts. Sec. 15. Be it further enacted, that the said Park and Tree and Zoning 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 Park and Tree and Zoning Commission, it shall have full, complete control and disposition over same and same shall not pass into City Treasury or otherwise be counted as a part of the revenue of the city. Donations, etc. Sec. 16. Be it further enacted, that the Act of the General Assembly of the State of Georgia, approved August 16, 1913, creating Park and Tree Commission for the City of Waycross, and all subsequent Acts amendatory thereof, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Act of 1913 repealed. Approved August 7, 1925.

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WAYCROSS; PAYMENT FOR PUBLIC HOSPITAL. No. 141. An Act to authorize the Commission of the City of Waycross, Georgia, to make payment from the general revenues and funds of the city the sum of fifteen thousand dollars per year for five years towards the extension, [Illegible Text] of building of a public hospital in said City to the end that the poor of the City in need of medical or surgical treatment and care may be the better 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 the authority of the same, that the City of Waycross, Georgia, through and by the Commission of the City of Waycross, be, and it is, hereby authorized and empowered to make payment from the general revenue of the city the sum of fifteen thousand dollars per year for five years towards the extension, enlargement or building of a public hospital in the City of Waycross, to the end that the poor of the City of Waycross, Georgia, in need of medical or surgical treatment and care may be the better provided for. Authority to pay $15,000 a year for five years. 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, 1925. WAYCROSS RECORDER; ELECTION, TERM, SALARY. No. 93. An Act to amend an Act to provide and establish a new charter for the City of Waycross, approved August 17, 1909, and subsequently amended by the Act approved August 16, 1913, establishing the office of Recorder,

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and by subsequent amendatory Acts, by providing that the term of office of the Recorder of the City of Waycross shall be four years, by providing the time of election of the Recorder, and by providing the maximum and minimum salary that may be paid to the Recorder of the City of Waycross, and authorizing the City Commissioners of said City of Waycross to determine the salary to be paid within said minimum and maximum, and for other purposes. Be it enacted by the General Assembly of the State of eorgia, and it is hereby enacted by the authority of same, that the Act to provide and establish a new charter for the City of Waycross, in and for the County of Ware, and State of Georgia, approved August 17, 1909, and the several Acts amendatory thereof, including the Act approved August 16, 1913, creating the office of Recorder, be, and the same are hereby amended as follows: Acts amended. Section 1. Be it enacted that the term of office of the Recorder of the City of Waycross shall be for a period of four years. Said Recorder shall be elected at the general election held for the purpose of electing City Commissioners for the City of Waycross under the terms of the charter of the City of Waycross as at present, and shall hold office for four years or until his successor is elected and qualified. The term of office of the present Recorder shall be extended to a four year period from the date of his qualification, and his successor shall be elected at the next general election four years from date of his qualification and at the time provided for the election of City Commissioners under the present charter of the City of Waycross. Term four years. Election. Present Recorder's term extended. Sec. 2. Be it further enacted and it is hereby enacted by authority aforesaid that a maximum salary of One Hundred and Fifty Dollars per month may be paid to the Recorder of the City of Waycross in the discretion of the City Commission of the City of Waycross. Said City

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Commission shall by proper resolution fix the salary to be paid to said Recorder at not less than Seventy-five ($75.00) Dollars per month nor more than One Hundred and Fifty Dollars per month, and shall have the right and power to change said salary within said limits at any time in their discretion by proper resolution to said effect. $150.00 a month maximum salary. $75.00 minimum. Sec. 3. All laws or parts of laws that conflict with this Act are hereby repealed. Approved July 29, 1925. WAYCROSS STREET IMPROVEMENT; FUNDING BY WARE BOND COMMISSION. No. 138. An Act to amend an Act entitled An Act to create a bond commission for Ware County, Georgia, to define its duties and for other purposes. Approved August 4th, 1919, so as to provide for the appropriation of funds by said bond commission to the municipal authorities of the City of Waycross, Georgia; for constructing or permanently improving of roads, highways or streets in said City which form a part of the County or State system of highways, and for 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 four (4) of an Act approved August 4th, 1919, creating a Bond Commission for Ware County, Georgia, to define its duties, and for other purposes, be amended by adding to Section four (4), the following: Except, however, if such road, highway or street to be constructed or permanently improved, as provided in this Act, shall be within the corporate limits

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of the City of Waycross, Ware County, Georgia, then and in that event said Bond Commission, may, in its discretion, appropriate and pay over to the Municipal Authorities of said City of Waycross, the sum of $60,000.00, or such part thereof as may in their discretion seem proper for the costruction and permanent improvement with brick, asphalt, concrete or similar material of such roads, highways or streets, forming a part of the County or State system of highways, upon said Municipal Authorities agreeing by proper resolution or ordinance to raise not less than a similar sum or sums for the construction or permanent improvement with brick, asphalt, concrete or similar material of such roads, highways or streets, from any fund or funds said municipality may have available, or by assessment against abutting or adjoining property and the owners thereof. Such said sum or sums of money may be paid over to the Treasurer of the City of Waycross by the Bond Commission of Ware County on or before the letting of a contract of the work to be done, upon said Bond Commission receiving a duly certified copy of the contract of the work to be done and of the ordinance or resolution hereinabove referred to, and a receipt from the Treasurer of the City of Waycross for such said sum or sums of money, which said receipt shall specify that such money shall be held by the said Treasurer separately from all other funds or the said Bond Commission may in its discretion give to the Treasurer of the City of Waycross an order on the Robinson, Humphrey Company of Atlanta, Georgia, for such said sum or sums of money, to be paid to the said Treasurer of the City of Waycross in the same manner as it would be paid to the Bond Commission if doing such work, and the said funds shall be disbursed only for the permanent improvements with brick, asphalt, concrete or similar material of such roads, highways and streets as are hereinafter designated, to-wit: Reynolds street from Gilmore street to the canal a distance of approximately 1700 lineal feet, which shall be paved for a width not less than twenty-four

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feet; and Reynolds street from the canal to the beginning of the pavement on the curve of said street a distance of approximately 3300 lineal feet from the canal, which shall be paved for a width of not less than eighteen feet; Albany avenue from the end of the asphalt block paving thereon near the A. B. A. Railroad tracks, to the West property line of M street, a distance of approximately 3000 lineal feet, which shall be paved for a width of not less than twenty-four feet; Church street shall be paved from the end of the brick paving at the court house to the east property line of State street, a distance of approximately two hundred and fifty lineal feet, which shall be paved for a width of not less than twenty-four feet; State street shall be paved from Church street to the A. B. A. Railroad tracks a distance of approximately 5000 lineal feet, which shall be paved for a width of not less than twenty-four feet; and State St. from the A. B. A. Railroad tracks to city limits a distance of approximately 2600 lineal feet, which shall be paved for a width of not less than eighteen feet; Jane street shall be paved from the paving on Jane street to Nicholls street, a distance of approximately 1260 lineal feet, which shall be paved for a width of not less than twenty-four feet; Nicholls street shall be paved from Jane street to Alpha street, a distance of approximately 1900 lineal feet, which shall be paved for a width of not less than twenty-four feet; Alpha street shall be paved from Nicholls street to Glenmore avenue, a distance of approximately 600 feet, which shall be paved for a width of not less than twenty-four feet; Glenmore avenue shall be paved from Alpha street for a distance of approximately 3100 lineal feet, in a southwest direction on said avenue, which shall be paved for a width of not less than eighteen feet; Plant avenue shall be paved from the end of the brick paving where Albany avenue intersects Plant avenue for a distance of approximately 1900 lineal feet in a northeast direction on said Avenue, which shall be paved for a width of not less than twenty-four feet; Knight avenue

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or in lieu thereof, such other street as may be designated by the Bond Commission as a part of the highway leading from the court house towards Brunswick in an Easterly direction shall be paved for a distance of approximately 2000 lineal feet, which shall be paved for a width of not less than eighteen feet. Any and all funds paid over to the said City of Waycross as hereinbefore set out shall be equally prorated in the paving of the above designated and described streets according to the number of square feet paved, so that said Section 4, when amended, shall read as follows: In the construction and permanent improvement of roads the Bond Commission shall make all contracts and expend funds, as in their discretion shall be necessary or proper. They shall employ a competent engineer or engineers, and such other help as may be necessary, and fix their compensation. No money raised by the sale of bonds shall be expended except for permanent road construction and improvement. The Bond Commission shall first construct and permanently improve main highways of Ware County along the lines approximately as follows, to-wit: From the court house in Waycross via Hebardville and Waltertown road, along the most practicable route, via the iron bridge, and on through land lot number 296, to intersect with the Alma road, and thence on to the Bacon County line; from the court house in Waycross, via Waresboro and Fairfax, to Millwood, and thence on to the Atkinson County line, with a road leading from said highway between Waresboro and Fairfax, via Telmore to Bickley, and thence on to the Coffee County line; from the court house in Waycross, via Ruskin and Glenmore, to Manor, and thence on to the Clinch County line; from the court house in Waycross along the Blackshear road, to the Pierce County line at the Satilla river bridge; from the court house in Waycross south to the Pierce County line, to form part of an inter-county highway to Folkston, in Charlton County; from the court house in Waycross towards Brunswick in an Easterly direction, to the Pierce county

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line. After the above highways are improved so far as available funds will permit, the Commission shall construct and permanently improve other highways of said county. All projects adopted by the Commission for road construction and improvement, on which State or Federal funds are to be used, shall be approved by the road authorities of the State of Georgia or of the United States, before contracts are let or work begun. Construction and permanent improvement of highways may be done by the Bond Commission either by contract or by day labor, as may seem to them best. Before any work of construction or improvement is commenced, the Bond Commission shall divide all highways in the county to be constructed and improved into sections of suitable size and length, and shall have prepared and a competent engineer or engineers, detailed plans and specifications of all the work to be done in each section. Before letting any contract for work, material or supplies, the Bond Commission shall advertise for bids, and shall let the contract to the lowest responsible bidder, and they may in their discretion reject any or all bids. The Bond Commission shall not undertake the work of construction and permanent improvement of any section of highway by day labor until they shall have first have obtained bids for the work by contract, after public advertisement, as herein provided for, except, however, if such road, highway or street to be constructed or permanently improved, as provided in this Act, shall be within the corporate limits of the City of Waycross, Ware County, Georgia, then and in that event said Bond Commission, may, in its discretion, appropriate and pay over to the municipal authorities of said City of Waycross, the sum of $60,000.00, or such part thereof as may in their discretion seem proper for the construction and permanent improvement with brick, asphalt, concrete or similar material of such roads, highways or streets forming a part of the County or State system of highways, upon said municipal authorities agreeing by proper resolution or ordinance to raise not less than a

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similar sum or sums for the construction or permanent improvement with brick, asphalt, concrete or similar material of such roads, highways or streets, from any fund or funds said municipality may have available, or be assessed against abutting or adjoining property and the owners thereof. Such said sum or sums of money may be paid over to the Treasurer of the City of Waycross by the Bond Commission of Ware County on or before the letting of a contract of the work to be done, upon said Bond Commission receiving a duly certified copy of the contract to be done and of the ordinance or resolution hereinabove referred to, and a receipt from the Treasurer of the City of Waycross for such said sum or sums of money, which said receipt shall specify that such money shall be held by the said Treasurer separately from all other funds, or the said Bond Commission may in its discretion give to the Treasurer of the City of Waycross an order on the Robinson, Humphrey Company of Atlanta, Georgia, for such said sum or sums of money to be paid to the said Treasurer of the City of Waycross in the same manner as it would be paid to the Bond Commission if doing such work, and the said funds shall be disbursed only for the permanent improvements with brick, asphalt, concrete or similar material of such roads, highways, and streets as are hereinafter designated, to-wit: Act of 1919 amended. Sec. 4 read. Authority to appropriate $60,000. Money to be disbursed for improvement of streets disignated. Reynolds street from Gilmore street to the canal a distance of approximately 1700 lineal feet, which shall be paved for a width of not less than twenty-four feet; and Reynolds street from the canal to the beginning of the pavement on the curve of said street, a distance of approximately 3300 lineal feet from the canal, which shall be paved for a width of not less than eighteen feet; Albany avenue from the end of the asphalt block paving thereon near the A. B. A. Railroad tracks, to the west property line of M street a distance of approximately 3000 lineal ft., which shall be paved for a width of not less than twenty-four feet; Church street shall be paved from

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the end of the brick paving at the court house to the east property line of State street, a distance of approximately 250 lineal feet, which shall be paved for a width of not less than twenty-four feet; State street shall be paved from Church street to the A. B. A. Railroad tracks, a distance of approximately 5000 lineal feet, which shall be paved for a width of not less than twenty-four feet; and State street from the A. B. A. Railroad tracks to the city limits, a distance of approximately 2600 lineal feet, which shall be paved for a width of not less than eighteen feet; Jane street shall be paved from the paving on Jane street to Nicholls street, a distance of approximately 1260 lineal feet, which shall be paved for a width of not less than twenty-four feet; Nicholls street shall be paved from Jane street to Alpha street, a distance of approximately 1900 lineal feet, which shall be paved for a width of not less than twenty-four feet; Alpha Street shall be paved from Nicholls street to Glenmore avenue, a distance of approximately 600 lineal feet, which shall be paved for a width of not less than twenty-four feet; Glenmore avenue shall be paved from Alpha street for a distance of approximately 3100 lineal feet, in a southwest direction on said avenue, which shall be paved for a width of not less than eighteen feet; Plant avenue shall be paved from the end of the brick paving where Albany avenue intersects Plant avenue for a distance of approximately 1900 lineal feet, in a northeast direction on said avenue, which shall be paved for a width of not less than twenty-four feet; Knight avenue or in lieu thereof, such other street as may be designated by the Bond Commission as a part of the highway leading from the court house towards Brunswick in an easterly direction, shall be paved for a distance of approximately 2000 lineal feet, which shall be paved for a width of not less than eighteen feet. Any and all funds paid over to the said City of Waycross as hereinbefore set out shall be equally prorated in the paving of the above designated and described streets according to the number of square feet paved.

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Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 6, 1925. WAYCROSS STREET IMPROVEMENTS. No. 130. An Act to amend an Act, approved August 16, 1913, amending the charter of the City of Waycross, and the several Acts amendatory thereof, so as to authorize and empower the City of Waycross, by its City Commission, to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the City of Waycross, and to improve the same by curbing, 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 lien therefor; to provide for the payment of such grading, improvement and paving entirely by the abutting and adjacent property owners on the basis of ten (10 per cent) per cent yearly for ten years; to provide for the issuance of bonds by the City of Waycross by its City Commission, 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 Waycross, Georgia, and the several Acts amendatory thereof are hereby amended as follows: Acts amended.

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Sec. 2. Be it further enacted that said City of Waycross, by its City Commission, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the City of Waycross, and to improve same by curbing, 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 o pave, etc. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said City of Waycross, by its City Commission, shall deem it necessary to grade, curb, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part thereof within the limits of the City of Waycross, said City of Waycross, by its City Commission, shall by resolution or ordinance declare such work or improvement necessary to be done, and such resolution or ordinance shall be published once a week for two consecutive weeks in a daily or weekly newspaper published and having a general circulation in the City of Waycross; and if the owners of more than one-half of the linear front feet of the land fronting on such improvement and liable to assessment to pay for such improvement on such street, avenue, alley, lane or highway, shall not within fifteen days after the last publication of such resolution or ordinance file with the clerk of said City of Waycross their protest in writing aganst such improvement, then said City of Waycross, by its City Commission, shall have power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or other highway separately, except when treated as one project, as hereinafter provided. Provided, however, that if the owners of more

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than one-half of the front feet of the land liable to assessment for any such improvement shall petition the City of Waycross for such improvement of any street or part of street, alley, lane or avenue, or other public place described in such petition, the character of the improvement desired, the width of the same and the materials preferred by petitioners for such improvement, it shall thereupon be the duty of said City of Waycross by its City Commission, to promptly cause the said improvement to be made in accordance with the prayer of said petition, and in such cases the resolution or ordinance hereinbefore mentioned shall not be required. Provided, however, that where two or more streets running in the same general direction from one continuous way they may be treated as one street, and the improvement thereof, as in this Act provided, shall constitute one project and shall be dealt with accordingly as to resolutions, ordinance or petition of property owners or protest by property owners or other proceedings. Resolution. Advertisement. Protest. Petition. Parallel streets may constitute one project. Sec. 4. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting and abutting upon both sides of said improvement shall be charged with the cost thereof, and each property owner to pay his pro rata portion of the entire cost of his particular street or continuous street improvement in one project according to the linear frontage of the property owned by each property owner on the portion of the street or streets improved; provided, that the City of Waycross, by its City Commission, may in its discretion in the foregoing resolution or ordinance, provide that the frontage or intersecting streets, avenues, alleys, or lanes shall be assessed as real estate abutting upon the street, alley, lane or avenue paved or otherwise improved, in which case said City of Waycross shall be for all intents and purposes of this Act, an owners or legal representative of real estate abutting on any street, lane, alley, or avenue or project, and shall possess the same rights and privileges

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as all other owners of real estate abutting on any such street, lane, alley, avenue or other project, and shall pay from the city treasury a just pro rata of the entire cost of said work or improvement for the said frontage. Such payment to be made out of the general fund of the City of Waycross accruing from taxes collected during the current year. Apportionment of expense. Intersections. Assessments against City. Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section 3 of this Act is presented, or when the City of Waycross, by its City Commission, shall have determined to curb, pave or improve any street, lane, avenue, or alley or other public place, and shall have passed the resolution or ordinance provided for in Section 3 of this Act, the said City of Waycross, by its City Commission, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the entire cost of such improvement, and to cause to be put in and constructed all water, gas or sewer pipe in and underneath the streets, avenues, lanes, alleys and all other public places where such public improvements are to be made, and all cost and expense for making such connection shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements. Ordinance. Piping costs included in assessments. Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of the petition for such improvement signed by the owners of more than one-half of the linear front feet of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said City of Waycross, by its City 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

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said City to proceed with the improvement, stating the material to be used and the manner of construction and defining the extent, character and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements, the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said city of Waycross shall deem proper to impose with reference to letting the contract and the provisions therefor, and the said city 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 the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both, in the discretion of said city. Said resoluton shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said City of Waycross. Said notice shall be published once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in the City of Waycross. At the time and place specified in such notice the City of Waycross by its City Commission, shall examine all bids received

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and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said City of Waycross as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the agent or engineer of said city with the plans and specifications, and the said city shall have the right to reject any and all bids and re advertise for other bids when any such are not in its judgment satisfactory. Resolution to contract. Notice. Right to reject all bids; re-advertisement. Sec. 7. Be it further enacted, that as soon as 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 Waycross, by its City Commission, 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 (10) days from the date of the resolution appointing said board, the said board shall file a written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on such street, streets, alleys, lanes, avenues or other public places so impoved, 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 City Commission, or shall designate a regular meeting of its City Commssion for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the clerk of said city at least once a week for two consecutive

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weeks in a daily or weekly newspaper having a general circulation in said City, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said City Commission at said session shall have power to review and correct said appraisement, apportionment and assessment and hear objections to the same and to confirm the same either as made by said board or as corrected by said City Commissioners. Assessments in conformity to said appraisement and apportionment as confirmed by said City Commission shall be payable in ten equal installments, and shall bear interest at the rate of seven (7) per cent annum until paid, payable, in each year at such time as the several installments of the assessments are made payable each year. The said City Commission 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 as the mortgage records of Ware County duly certified as correct by the Clerk of the Commission; 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 Ware, and the City of Waycross. Board of appraisers. Report. Notice and hearing. Review. Installments. Record of apportionment. Sec. 8. Be it further enacted by the authority aforesaid, That the first installment of said assessments, together with interest to date upon the whole shall be due and payable on the..... day of....., next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the..... day of....., in each succeeding year until all shall be paid; Provided, that if such assessing

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ordinance shall be passed after the.....day of....., in each year, the first installment of such assessment and interest shall be due and payable on.....of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the priviledge of paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the treasurer of the City of Waycross, and relieve their property from the lien of said assessment, which money so paid to said treasurer shall be disbursed pro rata between the contractor and the city in proportion to the respective interests. First installme Payment in 30 days without interest. Sec. 9. Be it further enacted by the authority aforesaid, That such special assessment and each installment therefor and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Lien of assessment. Sec. 10. Be it further enacted by authority aforesaid, That the said City of Waycross, by its City Commission, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessments shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said City of Waycross, by its City Commission, shall determine which bond or

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bonds shall in no event become a liability of the City of Waycross, or its City Commission, issuing same. Onetenth in amount of any such series of bonds with interest upon the whole series to that date shall be payable on the 1st 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 1st day of September in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding seven (7) 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 or streets, part of street or streets or other public places for the improvement of which they have been issued and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefitted by such improvements under authority of this Act. Said bonds shall be signed by the City of Waycross, by the mayor. and attested by the clerk of Commission, 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 City Commission. 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 of the said City Commission, 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 City Commission shall direct. Said bonds may be registered by the said Clerk of Commission in a book to be

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provided for that purpose and certificates of registration by clerk of said city shall be indorsed upon each of said bonds. Bond issue. City not liable. Recitals in bond. Not to be sold below par. Registration. 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 owing the said lots or tracts of land as the several installments become due, together with the interest thereon to the Treasurer of the City of Waycross, who shall give proper receipt for such payment. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made and such collections shall be kept in a special funds to be used and applied for the payment of such bonds and the interest thereon and for no other purpose. It shall be the duty of said Treasurer not less than thirty days and not more than forty days before the maturity of any installment of such assessments to publish in a daily or weekly newspaper having a general circulation in said city, once a week for two consecutive weeks, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installment and interest. And it shall be the duty of said treasurer promptly at the date of the maturity of any such installment or assessment and interest, and on or before the 1st day of September, of each year, in case of a default in payment of such installment or assessment with interest, to issue an execution against the lots or tract of land assessed for improvement or against the party or person owning the same for the amount of such assessment with interest, and shall turn over the same to the Marshal of the City of Waycross, or his deputy, who shall levy the same upon the adjoining real estate

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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 defendent shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and when received by said Marshal shall be returned to the Superior Court of Ware County, Georgia, and there tried and the issue determined as in cases of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia, and it shall be the duty of the Judge of said Superior Court to give preference to the trial of these cases over all other cases pending in said court, the failure of said Treasurer to publish said notice of the maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Collection. Receipts. Notice of assessments due. Execution. Levy and sale. Affidavit of illegality. Failure to publish notice not to invalidate assessment. 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 Waycross, or its City Commission, from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than for the failure of the City of Waycross, by its City Commission, to adopt and publish the preliminary resolution or ordinance

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provided for in Section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; Provided, that in the event any special assessment shall be found to be invalid or insufficient for any reason whatever, the said City Commission may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Suit to set aside assessment. Sec. 13. Be it further enacted by the authority aforesaid, That in all cases where the City of Waycross, by its City Commission, shall deem it necessary to repave, recurb, redrain, remacadamize or otherwise improve any street, alley, avenue, lane or other public place, which had been paved or improved prior to the passage of this law, such pavement or improvement is hereby authorized to be done under and in pursuance of the provision of this Act, and in such cases all provisions of this Act for making such improvement and levying assessments therefor and the issuance of bonds shall apply; Provided, that in the judgment of said City Commission of said City the pavement is worn out and no longer serviceable. It not being the intention of this Act to repeal any present or existing laws for the paving or improving the streets of Waycross, but it is intended for this Act to be cumulative as to all such improvements in said City. Repaving, etc. This Act cumulative. Sec. 14. Be it further enacted by the authority aforesaid, That the publication of all notices in a daily or weekly newspaper called for in this Act shall be the number of days herein specified exclusive of 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

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street, alley, avenue or lane of said city petition the City of Waycross as herein set out, or the City Commission of said City pass the resolution or ordinance provided for in Section 3 of this Act, for the pavement of any said street, avenue, alley or lane or other public place, where the State or any of its political subdivisions, 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 of the property the Governor is authorized to sign any petition provided for in this Act, for and in behalf of the State, and where the County is the owner the chairman of the Board of Roads and Revenues of Ware County is authorized to sign in behalf of the county; and where the City of Waycross is the owner the Mayor of Waycross is authorized to sign in behalf of the City. Public property. Sec. 16. Be it further enacted by the authority aforesaid, That this Act shall not repeal or alter the present street improvement laws of the City of Waycross, except where the same are in direct conflict with this Act, it being intended that the provisions of this Act shall be cummulative and in addition to the present laws. This Act cumulative. Sec. 17. Be it further enacted, That all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 4, 1925. WAYCROSS ZONING REGULATIONS. No. 146. An Act to amend the charter of the City of Waycross, approved August 17th, 1909, as amended by the several subsequent Acts thereof; to authorize the City Commission to adopt zoning regulations by ordinance; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act establishing a Charter for the City of Waycross approved August 17th, 1909, and the several Acts amendatory thereof, be and the same is hereby amended as follows: Act of 1909 amended. Sec. 2. Zoning Regulations. Be it further enacted by the authority aforesaid, That the City Commission of the City of Waycross may in the interest of the public health, safety, order, convenience, comfort, prosperity and general walfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of the buildings or other structures or the area or dimensions of lots or of the yards used in the connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The City may be divided into such number of zones or districts and such districts may be of such shape and area as the City Commission shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of the premises or upon any other basis or bases relative to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Zoning regulations. Purposes. Classification. Sec. 3. Residence Sections. Be it further enacted by the authority aforesaid, That for the reasons above

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stated, the City Commission of the City of Waycross shall have the further right and power in any districts proposed to be set aside primarily for residence purposes to further classify the use thereof and to provide therein the class or classes of residents to be housed therein 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 amendments thereto authorized by either of the above sections shall be adopted except by a majority vote of the City Commission. Residence sections. Sec. 4. Preparation of Plan; Notice and Hearing; Ordinance. Be it further enacted by the authority aforesaid, That no ordinance adopting zoning regulations as above authorized shall be passed by the City Commission of the City of Waycross until after a comprehensive plan for the zoning of the City has been prepared and submitted to the City Commission by the Park and Tree and Zoning Commission of the said City. Whenever the Park and Tree and Zoning Commission of the City of Waycross shall certify to the City Commission a plan for the zoning of the City, the City Commission 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 Park and Tree and Zoning Commission or any such other office as may be designated by the said City Commission. No ordinance, measure or other regulation which violates, differs or departs from the plan or report submitted by the Park and Tree Zoning Commission shall take effect unless passed by a majority vote of the City Commission. Plan. Notice and hearing. Ordinance. Sec. 5. Amendment of Zone Plan. Be it further enacted by the authority aforesaid, That the City Commission of the City of Waycross may from time to time

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amend or change the regulations or districts established by the zoning ordinances, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall be first submitted to the Park and Tree and Zoning Commission for approval or disapproval, and the Park and Tree and Zoning Commission shall be allowed a reasonable time, not less than thirty days, for consideration and report. Whenever the owner of 51 per cent. of the land in any area shall present a petition duly signd and acknowledged to the City Commission requesting an amendment of the regulations prescribed for area, it shall be the duty of the City Commission to vote upon such amendment within ninety days of the filing of same by the petitioners with the City Clerk. Amendment. Submitted to Commission. Sec. 6. Board of Zoning Appeals. Be it further enacted by the authority aforesaid, that the zoning regulations shall be inforced and administered by the Inspector of Buildings or such other person or persons as the City Commission may designate under the rules and regulations of the Park and Tree and Zoning Commission. The City Commission 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 or such other person or persons as above mentioned in the inforcement of the zoning regulations. The City Commission may authorize the Board of Zoning Appeals to administer the details of the application of any zoning regulation and delegate to such 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 City Commission either in whole or in part to the Park and Tree and Zoning Commission, and the Park and Tree and Zoning Commission when acting in

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accordance with such delegations shall be the Board of Zoning Appeals. Appeals. Sec. 7. Certiorari to Review Decision of Board of Zoning Appeals. Be it further enacted by the authority aforesaid, that every decision of the Board of Zoning Appeals shall be subject to writ of certiorari issued from the Superior Court upon the same terms as such writs are issued in any case. Certiorari. Sec. 8. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 7, 1925. WAYNESBORO PUBLIC UTILITY FRANCHISES. No. 328. An Act to amend an Act approved December 15th, 1893, creating a new charter for the City of Waynesboro and all acts amendatory thereto; an Act to provide authority for the Mayor and Council of Waynesboro to grant public utility franchises and the use of the streets and public places therefor; to provide authority for the Mayor and Council to cease the operation of electric light and steam plant, and to contract with any firm, individual, or corporation for a period of years to furnish electric current to the inhabitants of Waynesboro and to contract for municipal purposes; to provide authority for the Mayor and Council to contract for a period of years with any firm, individual or corporation to purchase electric power or current for the purpose of sale and distribution thereof to the inhabitants of Waynesboro; to provide authority for the Mayor and Council to contract to sell and to sell said city's complete electric light and steam plant, distribution lines

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and equipment and all property connected therewith and to cease the operation of the municipally owned electric light plant; and for other purposes. PREAMBLE. 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 pasage of this Act, an Act crating a new charter for the City of Waynesboro approved December 15th, 1893, and all acts amendatory thereto, be and the same are hereby amended by adding thereto the following provisions: Section 1. The Mayor and Council of Waynesboro, under such terms as they may determine, are hereby authorized and empowered by ordinances to grant public utility franchises and the use of the streets and public places therefor. Authority to grant franchises. Sec. 2. The Mayor and Council are hereby authorized and empowered by appropriate ordinances to cease the operation of any municipally owned public utility, wherever in its discretion such service can be more efficiently or advantageously rendered by any firm, individual or corporation engaged in the operation of such public utility. And the said Mayor and Council of Waynesboro are further empowered and authorized by appropriate ordinances to contract with any firm, individual, or corporation for a period of years not exceeding twenty (20), with the privilege of renewal for an additional period of not exceeding twenty (20) years, for the purpose of furnishing and supplying electric power or current to the residents of the city of Waynesboro, or the furnishing of electric current for municipal purposes. Authority to cease operation of municipal plant. Contract for electric power. Sec. 3. The Mayor and Council of Waynesboro are hereby authorized and empowered, in its discretion, by appropriate ordinances to make contracts for a period of years not exceeding twenty (20), with the privilege of

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renewal for additional periods of not exceeding twenty (20) years, each to purchase electric power or current from any firm, individual or corporation for the purpose of resale and distribution within the corporate limits of the City of Waynesboro. Maximum period 20 years. Renewal for 20 years. Sec. 4. The Mayor and Council of Waynesboro, subject to the provisions hereinafter set forth, are hereby empowered and authorized to contract to sell and to sell, upon such terms and conditions as they may determine, the complete electric light and steam plant, distribution lines, and all equipment, apparatus and property whatsoever, or any part thereof, both real and personal, connected with and used as a part thereof, belonging to said city, and to cease the operation of such utility, and to convey good and clear title thereto by deed of the city executed by the Mayor and Council of Waynesboro. Sale of plant. Sec. 5. It is provided however, that the said Mayor and Council of Waynesboro shall not be authorized to sell or to contract to sell the said electric and steam plant, or apparatus connected therewith without first having submitted such proposition to the qualified voters of said city and without due notice to the voters of said city in the manner hereinafter provided. Referendum. Sec. 6. That said Mayor and Council of Waynesboro are hereby authorized and empowered, in its discretion, at any time to order a special election for the purpose of determining whether or not said electric light and steam plant, apparatus and equipment, distribution lines, etc., shall be sold. However said election shall not be held sooner than thirty (30) days after the ordinance authorizing same; and said Mayor and Council of Waynesboro are further empowered, in its discretion, to either order a special registration of voters for said election, or to use the last previous registration of voters in said city in making up the list of voters to be used in said election, provided that the qualification of voters shall be the

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same as those provided in the annual city election and as found in Section Nine (9) of the original charter of said city, approved December 15th, 1893. Election. Registration [Illegible Text] voters. Sec. 7. In said election all voters favoring the sale of said electric light and steam plant, etc., shall write or print upon their ballots For Sale of Electric Light Plant, those voters who are opposed to the sale of said property shall write or print upon their ballots, Against Sale of Electric Light Plant. If in said election a two-thirds (2-3) majority of the voters voting in said election vote in favor of the sale of said electric light and steam plant, equipment, apparatus, etc., then the said Mayor and Council are authorized to proceed to contract to sell said property as hereinbefore provided. Ballots. Two thirds vote necessary to pass. Sec. 8. Said election shall be held at the place and in the manner, as far as applicable, as provided in Sections Five (5), Six (6), and Seven (7), of the original charter of said city, approved December 15th, 1893; and the result of said election shall be certified by the managers thereof to the Mayor and Council of Waynesboro and shall by appropriate ordinance or resolution be entered on the minutes kept by said Mayor and Council of Waynesboro. Election and results. Sec. 9. It is further provided that notice of said election shall be published in the newspaper in which the Sheriff's advertisements of Burke County appear for at least once a week for four weeks prior to said election; and said notice shall state the name of the prospective purchaser, amount to be paid for said properties, general terms of payment, the maximum price per kilowat-hour at which said purchaser is to sell electric current to the inhabitants of said city, and the period of time for which said purchaser will contract to furnish electric current at said price. Notice. Sec. 10. It is further provided that all money derived by said Mayor and Council by the sale of said electric

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light and steam plant, apparatus, distribution lines, equipment, real estate, and other property connected therewith shall be used in liquidation, or transferred to the sinking fund for the purpose of liquidation of the Electric Lights and Water Works Bonds issued January 1st, 1907, and the Electric Light and Water Works Improvements Bonds issued January 1st, 1920, provided that said money may be invested in other municipal bonds pending the maturity of the bonds of the City of Waynesboro above referred to. Funds. Retirement of bonds. Sec. 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1925. WILLACOOCHEE; SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 367. An Act to amend an Act approved August 15, 1904, creating a new charter for the Town of Willacoochee and all acts amendatory thereof; to provide authority for the Mayor and Aldermen to contract to sell, and to sell said town's complete electric and steam plant, distribution lines, equipment and all property connected therewith and to cease operation of such utility; to grant local utility franchise and use of the streets and public places therefor; 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, an Act creating a new charter for the Town of Willacoochee, approved August 15, 1904, and all acts amendatory, be and the same are hereby amended by adding thereto the following provisions: Act of 1904 amended.

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Sec. 2. The Mayor and Aldermen of Willacoochee are hereby authorized and empowered by ordinance to grant local public utility franchise and the use of the streets and public places therefor; to contract to sell, and to sell, upon such terms and conditions as they may determine the complete electric and steam plant, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said town, and to cease operation of such utility, and to convey good and clear title thereto by deed of the town executed by its Mayor. Authority to sell plant; franchise. Sec. 3. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved August 22, 1925. WRIGHTSVILLE: SALE OF PLANT; PUBLIC UTILITY FRANCHISES. No. 155. An Act to amend the charter of the City of Wrightsville as amended by an Act approved August 18th, 1923, and all other Acts amendatory thereof; to provide authority for the Mayor and Council of Wrightsville to contract to sell, and to sell said City's complete electric and steam plant, distribution lines, equipment, and all property connected therewith and to cease operation of such utility; to grant local public utility franchises and use of streets and public places therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, an act to amend, consolidate, and create a new

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charter of the City of Wrightsville, approved August 18th, 1923, and all other acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: [Illegible Text] amended. The Mayor and Council of Wrightsville is hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public places therefor; to contract to sell, and to sell upon such terms and conditions as it may determine, the complete electric and steam plants, distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said city, and to cease the operation of such utility and to convey good and clear title thereto by deed of the city executed by its Mayor. Authority to sell plant; franchises Sec. 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be, and the same are hereby repealed. Approved August 7, 1925.

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TITLE II. PRIVATE CORPORATIONS. ACT. Valdosta Street Railway Company Exempted from Paving Tax. VALDOSTA STREET RAILWAY COMPANY EXEMPTED FROM PAVING TAX. No. 371. An Act to exempt the Valdosta Street Railway Company, of Valdosta, Lowndes County, Georgia, from taxation incident to the cost of paving Streets in said City, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Valdosta Street Railway Company, of Valdosta, Lowndes County, Georgia, be and the same is hereby exempted from the payment of any proportion of the cost of street paving on any street now in existence or to be laid out in said city of Valdosta during the years 1925, 1926 and 1927. Exemption during 1925, 1926 and 1927 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 22, 1925.

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PART IV.RESOLUTIONS.

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RESOLUTIONS. ACTS. Agricultural Experiment Stations, Endowment of. Anderson, E. L., Davis, E. A., Roberts, E. K., Johnson, C. A., and Davis, M. D., Relief as Sureties. Appropriation for Confederate Cemetery at Marietta. Appropriation for Death Chamber at Milledgeville. Appropriation for Public Buildings and Grounds; Deficiency. Appropriation for Repairs to Capitol Building. Appropriation for State Public Schools. Baker Superior Court Furnished Georgia Reports, Codes, and Acts. Bass et al., Relief as Sureties. Battle, B. B., Relief as Surety. Bush, J. S., Bush, W. J., Wilkin, J. S., Grimes, W. J., Shepard, W. G., and Toole, Mrs. Zula B., Relief as Sureties. Catoosa Commissioners, Permission to Change Grade Crossing. City of Atlanta Permitted Bridges at Western and Atlantic Grade Crossings. Colquitt Superior Court Furnished Georgia Reports. Confederate Cemetery at Reseca; Public Road Authorized. DeLoach, A. R., Relief as Surety. Fletcher, Dan, and Goff, G. K., Relief as Sureties. Indian Spring Reserve, Leasing of. January 21 Designated Valor Day. Jordan, J. F., and Massey, L. W., Relief as Sureties. Lowndes Commisioners Authorized to Pave Driveways at State Women's College. Lowndes Commissioners Authorized to Pave Driveways at State Women's College. McGraw, J. C., and Scarlett, H. C., Relief as Sureties. Monument to Joseph E. Brown on Captiol Grounds. Monument to Thomas E. Watson on Capitol Grounds. Penitentiary Committee to Visit Camps. Portrait of Thomas E. Watson Authorized Accepted. Purchase of Governor's Mansion Authorized. Scarlett, H. C. Relief as Surety. Seay, Lon, Perry, L. S., Horton, J. L., and Plymel, M. M., Relief as Sureties. Sprayberry, J. F., Relief as Surety. Talbot Superior Court Furnished Georgia Reports. Tennessee Copper Company and Ducktown Sulphur, Copper, and Iron Company, Ltd.; Settlement of Damages; Extension of Contracts. Tobacco Exposition Endorsed. Toles, J. H., Relief as Surety. Turner, J. C., and Frosolona, Joe, Relief as Sureties. Unfinished Business of Assembly; Certain Members to Remain after Adjournment.

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Western and Atlantic Railroad; Compilation of Information Regarding. Whitfield County; Refund to Mrs. H. J. Coogler. Woodrow Wilson College Week Designated. World War Memorial Committee. AGRICULTURAL EXPERIMENT STATIONS, ENDOWMENT OF. No. 37. A RESOLUTION. Be it resolved by the Senate of Georgia, the House of Representatives concurring: Section 1. That the assent of the State of Georgia is hereby given to the terms and provisions of an Act of Congress, approved February 24th, 1925, entitled An Act to authorize the more complete endowment of agricultural experiment stations, and for other purposes. State assent to Act of Congress. Sec. 2. That the Board of Directors of the Georgia Experiment Station established by an Act of the General Assembly of Georgia, approved December 29th, 1888, is authorized and directed to receive the annual appropriation made to the State of Georgia in pursuance of said Act of Congress, approved February 24th, 1925, to be expended by the said Board of Directors in accordance with the terms and provisions of the said Act of Congress. Board of Directors to receive annual appropriations. Approved August 26, 1925.

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ANDERSON, E. L., DAVIS, E. A., ROBERTS, E. K., JOHNSON, C. A., AND DAVIS, M. D., RELIEF AS SURETIES. No. 33. A RESOLUTION. WHEREAS, E. L. Anderson, E. A. Davis, E. K. Roberts, C. A. Johnson and M. D. Davis did in the month of December, 1919, become bail for the appearance of one J. E. Edenfield at the then next term of the Superior Court of Ware County, Georgia, in two cases therein pending against J. E. Edenfield, charging him with the offense of misdemeanors, which cases were transferred from the Superior Court of Ware County, Georgia, to the City Court of Waycross, of Ware County, Georgia; which said two bonds were forfeited by reason of non-appearance of said J. E. Edenfield on April 5, 1920, in the City Court of Waycross; and, Preamble. WHEREAS, two executions were issued upon Rule Absolutes based on the forfeiture of said bonds for the principal sum of one thousand ($1,000.00) dollars and cost in each case and upon each of said two (2) bonds; and WHEREAS, the said J. E. Edenfield was afterwards recaptured by the said sureties, who paid the expenses of said recapture, and return of said J. E. Edenfield from Florida. The said J. E. Edenfield having returned to Ware County and was there recaptured by said sureties; and, WHEREAS, said J. E. Edenfield was by said sureties delivered over to the Sheriffs of said county and by them incarcerated in the common jail of said county. BE IT RESOLVED by the House of Representatives, the Senate concurring, that in as much as the purpose for which said bonds were made is fully accomplished, that the said E. L. Anderson, E. A. Davis, E. K. Roberts, C. A. Johnson and M. D. Davis, the sureties on said two bonds

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be relieved from all liability on said two executions issued on said forfeitures, and provided, however, that the said E. L. Anderson, E. A. Davis, E. K. Roberts, C. A. Johnson and M. D. Davis, sureties on said two bonds shall have first paid all cost in forfeiting said two bonds. Sureties released Approved August 22, 1925. APPROPRIATION FOR CONFEDERATE CEMETERY AT MARIETTA. No. 40. A RESOLUTION. WHEREAS, Three thousand Confederate soldiers who lost their lives in defense of the Confederacy are buried in the Confederate Cemetery at Marietta, Georgia; and, Preamble. WHEREAS, the State of Georgia has heretofore by appropriation removed the remains of said soldiers from the battlefields of Chickamauga, Missionary Ridge, Kennesaw Mountain and other battlefields between Chattanooga and Atlanta, to said cemetery, and WHEREAS, the Ladies Memorial Association, of Marietta, Georgia, did for a period of forty-two years care for said graves as best they could, without any assistance from the State, and WHEREAS, the State did, by proper resolution, approved August 20, 1906, accept said cemetery, consisting of six acres, on which said three thousand graves are located, by deed of gift from the Ladies Memorial Association; and, WHEREAS, the State, in 1908, appropriated the sum of $5,000.00, and in 1910 the further sum of $2,000.00 for the purpose of improving and beautifying said cemetery, and

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WHEREAS, an appropriation of $1,000.00 was made in 1916, of which sum $250.00 was obtained on August 24th, 1917, and when a subsequent request was made for the balance it was determined that said fund, not having been called for during the year, had been returned to the Treasury of the State and was not obtainable, and has never been paid; and WHEREAS, said several sums were expended by and under the direction and supervision of the Ordinary, Clerk of Superior Court of Cobb County, the Mayor of Marietta, and the Ladies Memorial Association, in grading, sodding, sewering, laying out walks and drives, erecting headstones, and markers at each of said graves, and otherwise improving and maintaining said cemetery; and, WHEREAS, all of said funds have been exhausted without completing said necessary improvements, and no part thereof is available now for said purposes; and, WHEREAS, it is necessary to complete said improvements and to care for said graves by keeping the weeds, briars and bushes from growing in same and destroying the improvements heretofore made, THEREFORE BE IT RESOLVED, by the House of Representatives of Georgia, the Senate concurring, that the sum of seven hundred and fifty dollars be and the same is hereby appropriated for the completion of said improvements and the care and preservation of said cemetery, said amount to be expended by and under the plans heretofore adopted and employed; provided no funds appropriated under this bill shall be available until all appropriations made by the Legislature for maintenances purposes for the years 1924 and 1925, especially the public school and pensions appropriations for those years, have been paid. $750.00 for improvements and maintenance. Proviso.

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RESOLVED FURTHER, that the Governor be, and he is hereby authorized to draw his warrant on the Treasury for said sum in favor of such persons as he may designate to do the work herein contemplated. Warrant. Approved August 27, 1925. APPROPRIATION FOR DEATH CHAMBER AT MILLEDGEVILLE. No. 29. A RESOLUTION. WHEREAS, under the provisions of the Act approved August 16th, 1924, the Prison Commission of the State was instructed to provide a death chamber, at Milledgeville, Georgia, and all necessary apparatus, machinery and appliances for inflicting the death penalty by electrocution; and, WHEREAS, it was provided that expenses incurred therefor should be paid the Treasurer of the State, on vouchers approved by the Governor; and, Preamble. WHEREAS, in providing said death chamber an expense of four thousand seven hundred and sixty dollars and ninety-five cents was incurred; and, WHEREAS, since the incurring of said expense the Comptroller-General and State Treasurer have taken the position that there has been no money in the Treasury not otherwise appropriated, and said debt is therefore still unpaid; and BE IT RESOLVED by the General Assembly of Georgia, that there is hereby appropriated the sum of $4,764.95 the same to be paid Manly Jail Works of Dalton, Ga., and R. C. Turner, of Atlanta, on itemized statement furnished the Governor. $4,764.95 to Manly Jail Works and R. C. Turner. Approved August 22, 1925.

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APPROPRIATION FOR PUBLIC BUILDINGS AND GROUNDS; DEFICIENCY. No. 38. A RESOLUTION. To make appropriation to meet the deficiency in the fund for the maintenance of the public buildings and grounds for 1925, and to make same immediately available. Be it resolved by the General Assembly of the State of Georgia, the sum of twenty-seven thousand two hundred fifty dollars ($27,250.00) be and the same is hereby appropriated out of any funds in the Treasury for the maintenance and upkeep of the public buildings and grounds during the remainder of the current year, 1925; provided, $2,250.00 of said sum be used for paying for the amplifier purchased for improving the acoustics of the House of Representatives. $27,250.00 for maintenance. Be it resolved further, that the Governor is hereby authorized to draw his warrants on the Treasury of the State for the payment of the above sum of money. Warrants. Approved August 27, 1925. APPROPRIATION FOR REPAIRS TO CAPITOL BUILDING. No. 41. A RESOLUTION. WHEREAS, The State Capitol Building is badly in need of repairs and painting, and Preamble. WHEREAS, it is necessary that these necessary repairs and painting be made in order to preserve and take care of said state property, and

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WHEREAS, the General Assembly having directed the purchase of an official residence for the Governor of the State, and WHEREAS, it is estimated that it will require at least seventy-five thousand dollars to make the necessary repairs to the State Capitol Building and five thousand dollars to furnish and equip the executive mansion THEREFORE, be it resolved, by the House of Representatives, the Senate concurring, that the sum of Eighty Thousand Dollars ($80,000.00) or so much thereof as may be needed, be and the same is hereby appropriated to defray the said necessary expenses, of repairing and repainting the Capitol Building and furnishing and equiping the Executive Mansion. $80,000.00 for repainting, etc. Be it further Resolved, by the authority aforesaid: That the said repairs be done in such manner and under such terms and conditions as the Custodian of the Public Buildings and Grounds, and His Excellency, the Governor, may direct and agree upon. Conditions of work. Approved August 27, 1925. APPROPRIATION FOR STATE PUBLIC SCHOOLS. No. 39. A RESOLUTION. Be it resolved by the General Assembly of Georgia, that Three Hundred and Twenty-five Thousand ($325,000.00) be and the same is hereby appopriated, 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 1925, provided that of this sum fifty-three thousand dollars ($53,000.00) be used to carry out the provisions of the Barrett-Rogers

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Act for the year 1925. Also of this sum twenty thousand dollars ($20,000.00) be used for the purpose of carrying on the work of the summer schools for 1925. $325,000.00 for maintenance. Approved August 27, 1925. BAKER SUPERIOR COURT FURNISHED GEORGIA REPORTS, CODES, AND ACTS. No. 7. A RESOLUTION. WHEREAS, the courthouse of Baker County was partly destroyed by water, during the month of January, 1925, when Flint River overflowed completely inundating the city of Newton; and all law books, including Codes of Georgia, Supreme Court Reports, Court of Appeal Reports and the Acts of the Legislature were destroyed. Preamble. BE IT THEREFORE RESOLVED, by the General Assembly of Georgia, that the State Librarian be and she is hereby directed to furnish to the Clerk of the Superior Court of Baker County out of the stock now on hand complete set of the Georgia Reports, Court of Appeals Reports, Codes of Georgia, and all Acts of the General Assembly up to an including 1925. State Librarian to furnish books. Approved August 3, 1925. BASS ET AL., RELIEF AS SURETIES. No. 14. A RESOLUTION. WHEREAS, G. C. Bass, S. C. Bass, and J. W. Sivel on the 5th day of March, 1923, did become surety for the appearance of Homer Darden at the March Quarterly

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Term, 1923, of the City Court of LaGrange, in a case pending against the said Homer Darden, charging him with the offense of a misdemeanor, which said bond was for the sum of three hundred and fifty dollars ($350.00) and the said bond was forfeited by reason of the non-appearance of the said Homer Darden, the rule nisi having been taken at the March Adjourned Term, 1923, and the rule absolute at the September Term 1924; and Preamble. Whereas, an execution issued upon the forfeiture of said bond at the September Term, 1924, of the City Court of LaGrange for the principal sum of Three Hundred and Fifty Dollars ($350.00) and cost; WHEREAS, on the 7th day of March, 1925, the said Homer Darden entered his plea of guilty and was fined in the sum of Three Hundred and Fifty Dollars ($350.00) which fine he paid; BE IT THEREFORE RESOLVED, by the House of Representatives, the Senate concurring, that the County authorities of Troup County, Georgia, be and they are hereby authorized to relieve the said G. C. Bass, C. S. Bass, and J. W. Sivel as sureties on the said bond and they are hereby relieved from the said execution upon payment of court cost, and the Clerk of the Superior Court of Troup County and the Clerk of the City Court of LaGrange be, and he is hereby authorized and instructed to mark the execution issued upon this forfeiture and rule absolute cancelled and satisfied of record, upon payment of court cost, by authority of this resolution. Sureties released. Approved August 11, 1925.

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BATTLE, B. B., RELIEF AS SURETY. No. 26. A RESOLUTION. WHEREAS, B. B. Battle did become surety upon two appearance bonds for the appearance of Henry Bird at the July Term, 1924, of the Criminal Court of Atlanta, in two certain cases there pending against the said Henry Bird, charging him with the offense of misdemeanor, which said bonds were forfeited on September 26, 1924, and Preamble. WHEREAS, the executions issued upon the forfeitures and the said principal, B. B. Battle did on December 4, 1924, pay to the authorities of the County of Fulton the sum of $271.00 in settlement of said executions, and WHEREAS, the said defendant, Henry Bird, was after the payment of said executions apprehended by the principal, B. B. Battle and turned over to the authorities of the Criminal Court of Atlanta and said defendant was convicted and sentenced to a term of twelve months on the public works of Fulton County, Georgia, the said sentence to run from April 15, 1925, and is now serving said sentence. BE IT THEREFORE RESOLVED by the House of Representatives, the Senate concurring, that the County authorities of Fulton County, Georgia, be and they are hereby authorized to pay to the said B. B. Battle the sum of $271.00 out of the funds arising from the fines and forfeitures in the Criminal Court of Atlanta, Fulton County, Georgia, to reimburse him the sum so paid out on account of said bonds as aforesaid. Refund authorized Approved August 22, 1925.

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BUSH, J. S., BUSH, W. J., WILKIN, J. S., GRIMES, W. J., SHEPARD, W. G., and TOOLE, MRS. ZULA B., RELIEF AS SURETIES. No. 6. A RESOLUTION. WHEREAS, On October 26th, 1920, during the October Term, 1920, of Miller Superior Court, a judgment was rendered against J. S. Bush, W. J. Bush, J. S. Wilkin, W. J. Grimes, W. G. Shepard, and Mrs. Zula B. Toole, as administratrix of the Estate of Joe Toole, deceased, as sureties upon the bond of W. I. Moody, former tax collector of Miller County, Georgia, for the sum of $3,243.22 which amount has been fully paid by said sureties of the County of Miller; and Preamble. WHEREAS, it appears from the Court records and proceedings in which said judgment was rendered that the jury, after hearing all the evidence, found that the said tax collector, although in default the amount of said judgment for certain years during his term of office, had for certain other years during his encumbency of the office, overpaid the county, so that the verdict of the jury amounted to finding that W. I. Moody as tax collector was not indebted to the county in any sum; and WHEREAS, it further appears from the records of said proceedings that the Court of Appeals of Georgia held that the tax collector and his sureties could not set off against the verdict found as aforesaid any sums which had been overpaid in other years, and that on account of said ruling the sureties have paid the amount of said verdict on account of the insolvency of the tax collector; and WHEREAS it is inequitable and unjust that the sureties should sustain the loss above referred to, THEREFORE, BE IT RESOLVED, by the House of Representatives, the Senate concurring, that said bondsmen

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be, and they are hereby, relieved from any and all liability on the bond of said W. I. Moody, Tax Collector, and the authorities of Miller County having charge of the fiscal affairs of said county are authorized and directed to pay to said sureties said sum of money in the same proportion in which the same was paid to the County by each of them. Sureties released. Approved July 28, 1925. CATOOSA COMMISSIONERS, PERMISSION TO CHANGE GRADE CROSSING. No. 15. A RESOLUTION. WHEREAS, the County authorities of Catoosa County are changing the location of the road bed of a highway of said county, which said highway has for years crossed the right-of-way of the Western and Atlantic Railway near Greenwood Switch in said County, and Preamble. WHEREAS, the County authorities of said county desire permission to change the location of said grade crossing to a point about two hundred (200 yds.) yards north of the present crossing. Therefore, be it resolved by the General Assembly of Georgia that permission is hereby granted the County Commissioners of Catoosa County to change the location of said grade crossing across the right-of-way of said Western [Illegible Text] Railway, provided the said County Commissioners first obtain the consent of the lessee of the Western Atlantic Railway to said change. Consent granted if consent obtained from lessee. Approved August 11, 1925.

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CITY OF ATLANTA PERMITTED BRIDGES AT WESTERN AND ATLANTIC GRADE CROSSINGS. No. 2. A RESOLUTION. Be it resolved by the General Assembly of Georgia, that consent on the part of the State of Georgia is hereby given to the City of Atlanta to construct bridges over the State's property, known as the Western and Atlantic Railroads, at and over the grade crossings at Pryor street and Central avenue, in the City of Atlanta; to begin and end said bridges at such points on Pryor street and Central avenue as may furnish satisfactory grades. Location of brigdes. This consent is granted with the provision that written consent of the present lessees of the Western Atlantic Railroad shall be first given to the City of Atlanta and provided further that the plans and specifications of the building of said bridges shall be submitted and approved in writing by the Georgia Public Service Commission, Governor of the State of Georgia, and by a committee of the General Assembly of Georgia consisting of nine members of whom six shall be members of the House from different counties appointed by the Speaker and three members of the Senate appointed by the President of the Senate; and Proviso as to consent of lessees. Provided further, that no part of the cost of construction of said bridges shall be charged against the State of Georgia; and Cost not to be charged against State. Provided, that the authority hereby granted for construction of viaduct over Central avenue shall not affect any rights of the Georgia Railroad Co. Georgia Railroad rights not effected. Provided further, that the State of Georgia shall in no way be responsible to any person for any damages growing out of the construction of said bridges. State not responsible.

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Provided further that the State of Georgia expressly reserves the right to improve its adjoining property by the Construction of Depots, Terminals, or other buildings with the right to extend the buildings or improvements under and over said viaducts, or to abut on same, so as not to interfere with established traffic. Right reserved to improve State property. Provided further that the Construction of these Viaducts by the City of Atlanta shall operate as a relinquishment to the State of any and all easements of the City across the State's property underneath said Viaducts. Relinquishment of easements. Provided, however, that no contribution to or expense incurred by the lessee of the Western Atlantic Railroad on account of the erection of said viaducts or bridges, shall by said lessee be offset against the sum of $60,000.00 which said lessee is obligated by the terms of its lease to expend on permanent improvements and betterments annually. Expense of lessee not offset against improvement obligations. Provided, that the construction of viaducts provided for in this resolution shall be completed within ten years after the approval by the Governor of Georgia of this Resolution. Construction to be completed in 10 years. Approved July 23, 1925. COLQUITT SUPERIOR COURT FURNISHED GEORGIA REPORTS. No. 9. A RESOLUTION. WHEREAS, the office of the Clerk of the Superior Court of Colquitt County was partially destroyed by fire on January 21st, 1922, and the following books, to-wit: Georgia Reports, Volumes 21, 24, 26, 27, 41, 48, 51, 52, 58, 59, 61, 64, 65, 67, 68, 78, 79, 84, 97, 100, 132, 135, 141, 142,

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143 and 151, and Georgia Appeals Reports, Volumes 1, 8, 15, 20, 21 and 26, were destroyed by fire. Preamble. Now therefore be it 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 Colquitt County, out of the stock now on hand the following books, to-wit: Georgia Reports, Volumes 21, 24, 26, 27, 41, 48, 51, 52, 58, 59, 61, 64, 65, 67, 68, 78, 79, 84, 97, 100, 132, 135, 141, 142, 143 and 151, and Georgia Appeals Reports, Volumes 1, 8, 15, 20, 21 and 26. State Librarian to furnish books. Approved August 4, 1925. CONFEDERATE CEMETERY AT RESACA; PUBLIC ROAD AUTHORIZED. No. 19. A RESOLUTION. WHEREAS, by a resolution of the General Assembly of Georgia approved December 12th, 1866, an appropriation was made for the completion of the Confederate Cemetery at Resaca, Georgia, and for the removal to that cemetery of the bodies of Confederate dead of Chickamauga, Mission Ridge, and adjacent battlefields and Preamble. WHEREAS, by a resolution approved August 17th, 1908, the State of Georgia accepted title to and responsibility for the upkeep of the beautiful site of four acres known as the Reseca Cemetery, which site had been donated for the purpose by Major Green, a Confederate patriot, and carefully kept at their own expense by the daughters of this munificent donor, and Mrs. E. J. Simmons, and by the Daughters of the Confederacy, and WHEREAS, by subsequent appropriations made by the General Assembly of Georgia said site has been enclosed by a rock wall and head stones have been placed

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at the grave of the Confederate dead sleeping there, and WHEREAS, on account of the changing of the roads in accordance with the plans and surveys of the Highway Department on Route No. 3 of the State Highway System said Confederate Cemetery has been isolated from the main highway so that ingress and egress thereto has been made very inconvenient to the people who meet there annually to commemorate the deeds of the Confederate heroes, now therefore; BE IT RESOLVED by the House of Representatives of Georgia, the Senate concurring, that the State Highway Board of Georgia be and it is authorized and directed to construct a passable roadway from some point on State Highway No. 3 above Resaca, Georgia, to the Confederate Cemetery aforesaid and that said roadway be from year to year maintained by the State Highway Board in such manner that the said site may be accessible to the public; Highway Board to construct road. BE IT RESOLVED further by the House of Representatives of Georgia, the Senate concurring, that the construction and maintenance of said roadway be paid for out of the funds of the State Highway Department derived from automobile license tax. Expense met from Department's funds. Approved August 29, 1925. DeLOACH, A. R., RELIEF AS SURETY. No. 25. A RESOLUTION. WHEREAS, A. R. DeLoach, did become surety for the appearance of Joe McCue, at the July Term, 1923, of the Superior Court of Wilcox County, Georgia, in a case pending in said Court against the said Joe McCue, charging

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him with the offense of a Misdemeanor, which said Bond was for the principal sum of Three Hundred Dollars, and, Preamble. WHEREAS, by reason of the non-appearance of the said Joe McCue, said Bond was forfeited and a rule absolute was entered at the July Term, 1924, and execution was issued for the principal sum of three hundred dollars and cost which execution is now of record against the said A. R. DeLoach, surety aforesaid, and WHEREAS, at the March Term, 1925, of said Superior Court, the said case was called for trial, and upon a careful investigation of the case and the States witnesses, it was recommended by the Solicitor General Hon. J. W. Wall, that the said indictment against the said Joe McCue, be nol-prossed whereupon acting upon the recommendation of the Solicitor General, His Honor, the Presiding Judge, signed an order nol-prossing the said bill of indictment as against the said Joe McCue, thus relieving him. It is therefore, resolved by the Senate of Georgia, the House of Representatives concurring, that in as much as the purpose for which said bond was made has been fully accomplished, the authorities of the Superior Court of Wilcox County, Georgia, are hereby authorized and directed to cancel and deliver up to the said A. R. DeLoach, the said execution, and the said A. R. DeLoach is hereby relieved from any liability of the same. Surety released. Approved August 22, 1925.

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FLETCHER, DAN, AND GOFF, G. K., RELIEF AS SURETIES. No. 16. A RESOLUTION. WHEREAS, Dan Fletcher and G. K. Goff did on the 21st day of July, 1923, become bailif for the appearance of D. L. Goff at the December Term, 1923, of the Superior Court of Tift County, Georgia, in a case pending against the said D. L. Goff charging him with the offense of a felony, which said bond was forfeited by reason of the non-appearance of said D. L. Goff at the December Term, 1923, of said court, and Preamble. WHEREAS, an execution issued upon the forfeiture of said bond at the July Term, 1924, of said Court for the principal sum of $3,000.00 and cost, and WHEREAS, on the 26th day of July, 1924, the said D. L. Goff surrendered to the authorities of Tift County, paid all costs of such forfeiture and a new bond in the sum of $6,000.00 was assessed by the judge of said court, and WHEREAS, on July 26th, 1924, D. L. Goff entered into another bond conditioned for his appearance at the December Term, 1924, of said court to answer to the same offense in the sum of $6,000.00, and which was signed by D. L. Goff as principal, and K. Goff, G. W. Walker, G. K. Goff, and Jacob Hall as securities, which bond was approved by the Sheriff of said county, and the said D. L. Goff set at liberty, and WHEREAS, at the December Term, 1924, of said court D. L. Goff appeared and answered the call of the said felony case against him and thereupon entered into a marriage with the injured female, after making bond and meeting all requirements of law. RESOLVED, by the House of Representatives, the Senate concurring that the said D. L. Goff, Dan Fletcher, and

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G. K. Goff are relieved from the payment of said bond, and the clerk of the Superior Court of Tift County is authorized and directed to mark the execution issued upon such forfeiture and rule absolute Cancelled and satisfied, provided that all cost of such forfeitures have been paid. Sureties released. Approved August 17, 1925. INDIAN SPRING RESERVE, LEASING OF. No. 34. A RESOLUTION. BE IT RESOLVED, by the House of Representatives, the Senate concurring, that Resolution No. 39, on pages 902, 903 and 904, Georgia Laws, 1923, approved August 30th, 1923, relative to the lease of Indian Spring Reserve, be amended as follows: Resolution of 1923 amended. 1. By striking therefrom the seventh, eighth and ninth paragraphs thereof, the same being that part of said resolution beginning with the thirty-second line on page 903, and ending with the seventeenth line on page 904 thereof, and by adding thereto the following: 2. Resolved, that His Excellency, the Governor, shall be empowered and authorized to lease or rent the said Indian Spring Reserve, for such period of time and on such terms as he may be able to lease the same for, having in mind the best interest of the Reserve and the State. Governor authorized to lease. 3. Resolved further, that the terms of the lease shall not be less than twenty-five years nor more than fifty years with privilege of renewal as may be agreed upon by the lessee and His Excellency, the Governor. Term of lease. 4. Resolved further, that the term of the new lease shall date from the execution of the same. Approved August 24, 1925.

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JANUARY 21 DESIGNATED VALOR DAY. No. 10. A RESOLUTION. WHEREAS, on the 17th day of March, 1924, the Congress of the United States did by unanimous vote and with the approval of the President, authorize the issue by the Treasury of 5,000,000 silver coins of the fifty cents denomination to commemorate the valor of the soldiers of the South which was the inspiration of their sons and daughters and grandsons and dranddaughters in the War With Spain and the World War; and, Preamble. WHEREAS, by provision of the Act creating said Memorial coins they were given over to the exclusive control of the Stone Mountain Confederate Monumental Association, whose sole mission is the carving on Stone Mountain in this State a monument to the armies and navy of the late Southern Confederacy, with authority to dispose of said coins in such manner as might seem best; and, WHEREAS, on the 21st day of January, 1925, the first of these coins was struck in the United States mint and was, on the 15th day of May, 1925, graciously received by the Honorable Calvin Coolidge, President of the United States, from said Association in the spirit in which it was offered; and, WHEREAS, this Memorial Coin bears on one side representations of the figures of the South's beloved leaders, Robert Edward Lee and Stonewall Jackson, and on the other the legend, Memorial to the Valor of the Soldier of the South; and, WHEREAS, we recognize in this Act of Congress approved by the President a magnanimous and generous tribute to the purity of the motive which animated the soldiers and sailors of the Southern Confederacy, a tender

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regard for the South's memories of them, and a patriotic desire to bring all sections of our country into a harmonious union; THEREFORE BE IT RESOLVED, by the Senate of the State of Georgia, the House concurring, that the earnest thanks of the State of Georgia be tendered to the President and Congress of the United States, and that January 21st, the day on which the first of said coins was minted, which was the anniversary of the birth of Stonewall Jackson, be hereby designated as VALOR DAY in the State of Georgia, its symbol and decoration to be a Confederate Memorial Coin worn upon the left breast. Memorial coin symbol of Stonewall Jackson's anniversary. BE IT FURTHER RESOLVED, that copies of this resolution be furnished to the President and to Congress through the Senators from this State. Copies of Resolution furnished to President and Congress. Approved August 11, 1925. JORDAN, J. F., AND MASSEY, L. W., RELIEF AS SURETIES. No. 28. A RESOLUTION. WHEREAS, J. F. Jordan and L. W. Massey did on the..... day of July, 1923, become bail for the appearance of Charlie Durham at the July term, 1923, of the Superior Court of Tift County, Georgia, in a cause pending against the said Charlie Durham charging him with the offense of seduction; and Preamble. WHEREAS, at the same term of said court Charlie Durham appeared upon the call of such case and announced his willingness to enter into a marriage with the injured female; and WHEREAS, the Judge of such Court inquired of her whether she was willing to enter such marriage, and upon

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her assent thereto, both parties were directed by the court to proceed to the office of the Ordinary of the County, which was in the court house, and enter into such marriage; and WHEREAS, the defendant and such female were then married by such Ordinary, and immediately returned to the court room and announced such fact to the trial judge, who informed the defendant that he could accompany his wife, and thereupon made upon the docket of his court the following entry: Prosecution stayed by intermarriage of defendant and injured female, July 10th, 1923, and WHEREAS, the defendant and injured female immediately left the court room, and WHEREAS, both the sureties on such bond, who had brought the defendant to the court to answer such charge, were present and heard all the proceedings in such cause, and then left the court room believing the case disposed of and their liability at and end, and WHEREAS, thereafter it developed that no bond was required of the defendant at the time of his marriage by the Ordinary, and the defendant immediately left his wife and absconded, without the knowledge of his securities; and WHEREAS, upon this fact being called to the attention of the court, the case was continued for the term, but was thereafter, at the December term, 1923, called for trial; and WHEREAS, upon the failure of the defendant to answer the bond signed by such sureties was forfeited and a rule absolute issued against them for the sum of $1,000.00 and costs; RESOLVED, by the House of Representatives, the Senate concurring, that the said J. F. Jordan and L. W. Massey

Page 1606

be relieved from any liability of such bond, and that the Clerk of the Superior Court of Tift County, Georgia, be instructed and directed to cancel such judgment of record, upon the payment of all accrued costs. Sureties released Approved August 22, 1925. LOWNDES COMMISSIONERS AUTHORIZED TO PAVE DRIVEWAYS AT STATE WOMEN'S COLLEGE. No. 8. A RESOLUTION. To be entitled a Resolution to authorize the County Commissioners of Lowndes County to pave the driveways on the grounds of the Georgia State Women's College at Valdosta, and for other purposes. Be it resolved by the General Assembly of Georgia (the Senate and House of Representatives concurring), that the County Commissioners of Lowndes County are hereby authorized to pave, without expense to the State, the driveways on the grounds of the Georgia State Women's College at Valdosta. Pavement without State expense. Approved August 3, 1925. LOWNDES COMMISSIONERS AUTHORIZED TO PAVE DRIVEWAYS AT STATE WOMEN'S COLLEGE. No. 11. To be entitled a resolution to authorize the County Commissioners of Lownndes County to pave the driveways on the grounds of the Georgia State Women's College at Valdosta, and for other purposes.

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Be it resolved by the General Assembly of Georgia (the Senate and House of Representatives concurring), that the County Commissioners of Lowndes County are hereby authorized to pave, without expense to the State, the driveways on the grounds of the Georgia State Women's College at Valdosta. Pavement without State expense. Approved August 10, 1925. McGRAW, J. C., AND SCARLETT, H. C., RELIEF AS SURETIES. No. 4. A RESOLUTION. WHEREAS, J. C. McGraw and H. C. Scarlett did on the 5th day of August, 1922, become bail for the appearance of one Rufus Tooks at the September term, 1922, of the City Court of Waycross, Ware County, Georgia, in a case pending against Rufus Tooks, charging him with the offense of a misdemeanor, which bond was forfeited by reason of the non-appearance of said Rufus Tooks at the September term, 1922, of said court; and, Preamble. WHEREAS, a rule absolute was entered and an execution issued on said rule absolute on the forfeiture of said bond for the principal sum of $1,000.00 and costs; and WHEREAS, the said Rufus Tooks was afterwards recaptured, stood his trial and paid his fine; BE IT RESOLVED, by the House of Representatives and the Senate concurring that inasmuch as the purpose for which said bond was made has been fully accomplished that the said J. C. McGraw and H. C. Scarlett be released from all liability on said execution issued on said forfeiture provided, however, that the said J. C. McGraw and H. C. Scarlett, sureties on said bond, shall have first paid all costs in forfeiting said bond. Sureties released. Approved July 28, 1925.

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MONUMENT TO JOSEPH E. BROWN ON CAPITOL GROUNDS. No. 21. A RESOLUTION. WHEREAS, Mr. Julius L. Brown, a prominent citizen of Atlanta, and eldest son of Honorable Joseph E. Brown, popularly termed the War Governor of Georgia, died on September 4th, 1910, his will bequeathing two thirds of his estate to the Georgia School of Technology, the same to be applied to the instruction, in certain lines, of the young men of Georgia who are and will be students of the said named school, this bequest being of the value of about, or more than, two hundred thousand dollars, and in his said will this benefactor of the Georgia School of Technology directed his Executor, viz.: his brother, Joseph M. Brown, to have two life size bronze statutes made, entirely at the expense of the Estate of said decedent, one of his father, Joseph E. Brown, the other of his mother, Mrs. Elizabeth Brown, and to tender them to the State, with the request that she allow them to be set up, free of all expense to her, on the Capitol Square in Atlanta, as a permanent memorial of these two honored and beloved citizens of Georgia; and, Preamble WHEREAS, while the public record of Governor, Chief Justice, United States Senator Joseph E. Brown is fairly remembered by the older members of the present generation, yet, it can with propriety be recited here that born in Pickens District, South Carolina, April 15, 1821, when yet a youth he moved with his father's family to Union County, Georgia, where he resided for some years, living the frugal, hard working life of the mountaineers in Gaddiston District. His education to what might be considered well above a high school standard, was secured partly by his own inherent will power and partly by the aid of influential friends who had confidence in his integrity. By the help of the latter he earned a diploma from

Page 1609

the law department of Yale College. Admitted to the bar in 1846, he was, in 1849, elected United States Senator from the Forty-first District, then composed of Cherokee and Cobb Counties. In 1852 he was elected presidential elector on the Pierce and King ticket, his name receiving the highest vote thereon. In 1855 he was elected Judge of the Blue Ridge Circuit. In 1857 he was elected Governor of Georgia, and was successively re-elected as such in 1859, 1861 and 1863. In 1868 he was appointed by the Governor, and confirmed by the Senate, to be Chief Justice of our Supreme Court. This exalted office he held until the end of 1870, when he resigned and became President of the Western and Atlantic Railroad Company. In May, 1880, he was appointed United States Senator by Governor Colquitt, and in November the same year was elected by the General Assembly to serve the unexpired four years of a term. In 1884 he was re-elected by the General Assembly for a full term of six years, which he served, but declined a second re-election because of the infirmities of approaching old age; and, WHEREAS, this eminent citizen of Georgia, in 1881, gave to the University of Georgia the sum of fifty thousand dollars ($50,000.00), the interest from which was to be loaned to poor but deserving young men to aid them in securing a college education, their re-payments to be added to the fund, thus increasing the number of students to be aided. This fund, with its accretions, now amounts to two hundred and fifty-five thousand five hundred and thirty-five dollars and forty-two cents ($255,535.42) and educates nearly seventy young men per annum; and, WHEREAS, the wife of this War Governor of Georgia was in every sense a fit mate for her husband, of modest demeanor, shunning public display, she was, yet, a quiet force, with hand and heart ever ready to augment the pleasures or to alleviate the sorrows of Georgia soldiers in the Confederate armies. Like her husband, a devoted

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Christian, she stood for those things which were right. THEREFORE, BE IT RESOLVED, by the Senate of the General Assembly of Georgia, with the House of Representatives concurring, that consent is hereby given for the Executor of the will of Julius L. Brown to have the bronze statues of Governor Joseph E. Brown, and his wife, Mrs. Elizabeth Brown, set upon pedestals, or foundations, on the Southwest corner of the Capitol Square in Atlanta, fronting on Washington street and facing the Second Baptist church; Consent to placing bronze statues; AND, BE IT FURTHER RESOLVED, that a period of two years is given to the said Executor within which to have the said Status and their fittings made and placed on the Capitol Square at the place above designated. Approved August 21, 1925. MONUMENT TO THOMAS E. WATSON ON CAPITOL GROUNDS. No. 22. A RESOLUTION. WHEREAS, the Tom Watson Memorial Association desires to erect a suitable monument to the memory of the late Senator Thomas E. Watson, on the Capitol grounds of Georgia, or in the corridor of the Capitol, and Preamble. WHEREAS, it is fitting and appropriate that we encourage the erection of monuments and other suitable memorials to our illustrious dead; THEREFORE BE IT RESOLVED, the House concurring, that authority is hereby given the Tom Watson Memorial Association to erect a monument to the memory of

Page 1611

the late Senator Thomas E. Watson upon the Capitol grounds of the State, or in the corridor of the Capitol, at a place not otherwise appropriated to be approved by the Governor. Consent to erect monument. Approved August 21, 1925. PENITENTIARY COMMITTEE TO VISIT CAMPS. No. 30. A RESOLUTION. WHEREAS, it has been impossible, on account of enforced attendance upon deliberations of the House and Senate, constantly and almost continuously in session, for the Committees of the House and Senate on Georgia State Penitentiary to make investigations of the various penitentiary institutions and convict camps of the State, and it being necessary for the best interest of the State that careful and painsaking investigation and inspection be made during the interim between the present session and the session of 1927, by visits from sub-committees a committee of both the House and Senate; Preamble. THEREFORE BE IT RESOLVED by the House of Representatives of Georgia, the Senate concurring, that the Committees of the House and Senate on the Georgia State Penitentiary of Georgia and the various penitentiary camps and convict camps in the various counties of said tate, in vacation, in the interim between the present session and the session of 1927, for the purpose of inspection and reporting on the same. Committees of House and Senate to visit during vacation. RESOLVED FURTHER, that said committees of the House and Senate shall at the instance of a joint call of their respective chairmen meet at some central point in Georgia for the purpose of organizing and beginning such inspection as it is their duty to make, and to make their reports thereafter. Meeting.

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RESOLVED FURTHER, that the members of said committees actually visiting said institution be allowed the usual per diem of members of the General Assembly, together with actual traveling expenses and hotel expenses, same to be paid upon itemized statement approved by the chairmen of said committees. Expenses and allowance. Approved August 22, 1925. PORTRAIT OF THOMAS E. WATSON ACCEPTED. No. 1 A RESOLUTION. WHEREAS, the Honorable Uly O. Thompson, a former citizen of Screven County, Georgia, but now residing in the City of Miami, Fla., has in his possession a large and most excellent painting of the late United States Senator Thomas E. Watson; and Preamble. WHEREAS, Mr. Thompson desires to offer this painting to the State of Georgia to be permanently placed in the Capitol of this State in a suitable and public place; Be it resolved, that the Governor of Georgia be, and he is hereby authorized, to accept this painting as a gift from Mr. Thompson said acceptance to be upon a date suitable to the Governor and to Mr. Thompson. Acceptance from Hon. U. O. Thompson authorized. Be it further resolved, that the General Assembly of the tate of Georgia extends its thanks to Mr. Thompson for this magnificent gift and deeply appreciates the patriotic spirit in which it is tendered. Approved July 18, 1925.

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SCARLETT, H. C., RELIEF AS SURETY. No. 5. A RESOLUTION. WHEREAS, H. C. Scarlett did on the fifteenth (15th) day of August, 1922, become bail for the appearance of Ellen Walker at the September term 1922, of the City Court of Waycross, Ware County, Georgia, in a case pending against Ellen Walker, charging her with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said Ellen Walker at the September term, 1922, of said Court; and Preamble. WHEREAS, a rule absolute was entered and an execution issued upon said rule absolute and the forfeiture of said bond for the principal sum of $500.00 and costs; and WHEREAS, the said Ellen Walker was afterwards captured and the charge was nol-prossed by the Solicitor of the City Court of Waycross. Be it resolved by the House of Representatives and the Senate concurring that inasmuch as the purpose for which the bond was made has been fully accomplished that the said H. C. Scarlett be released from all liability on said execution issued on said forfeiture, provided, however, that the said H. C. Scarlett, surety on said bond, shall have first paid all costs in forfeiting said bond. Surety released. Approved July 28, 1925.

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PURCHASE OF GOVERNOR'S MANSION AUTHORIZED. No. 18. A RESOLUTION. BE IT RESOLVED by the House of Representatives of the State of Georgia, the Senate concurring, that the Governor, the Attorney General, the State Auditor, two members of the House and one member of the Senate, to be appointed by the respective presiding officers, be, and they are hereby designated as the Mansion Purchase Commission with full power and authority to purchase or contract to purchase, subject to good and merchantable titles, for and on behalf of the Senate, reserving title in the owners until fully paid or otherwise, and upon such terms and conditions not inconsistent herewith as they may deem wise, for an Executive or Governor's Mansion, from John N. McEachern the properties in the City of Atlanta known as No. 205 Prado in Ansley Park now occupied by the Governor under lease, and being a tract approximately 350 x 444 x 360x 339 feet for the sum of not to exceed seventy-four thousand dollars ($74,000.00). Said Commission is also empowered similarly to acquire for the State three acres in the rear of the above mentioned property from the estate of George W. Collier or other owner, and to pay for the same not to exceed $12,000.00 Payments therefor, including any mortgages or incumbrances, to be derived exclusively from rentals accruing from the lease of the old Mansion property at the corner of Peachtree and Cain Streets in the City of Atlanta. Said Mansion rentals, to the extent of the purchase prices and 4 1-2 per cent interest upon any deferred payments, as prescribed by said Commission shall be and are hereby assigned and appropriated, and shall be segregated and set aside for these purposes in the State Treasury. The Governor is authorized to draw warrants against the funds as aforesaid, to be

Page 1615

countersigned by the Comptroller-General, for deferred payments maturing as said Commission may prescribe, and deliver them to the respective owners, but not exceeding the gross accuring in any one year from said old Mansion rentals. Provided however no real estate agent, firm individual or corporation shall receive any compensation or commission from the State on account of above purchase. Mansion Purchase Commission. Description of property. Payments from rentals of old Mansion property. Warrants. No real estate commission. Approved August 18, 1925. SEAY, LON, PERRY, L. S., HORTON, J. L., AND PLYMEL, M. M., RELIEF AS SURETIES. No. 13. A RESOLUTION. WHEREAS, Lon Seay of Colquitt County, Georgia, as principal and L. S. Perry, J. L. Horton and M. M. Plymel, as sureties executed a bond in the sum of $100.00 for the appearance of the said principal, at the October term, 1922, of the Superior Court of Colquitt County and, Preamble. WHEREAS, the principal Lon Seay, failed to appear at said October term, 1922, of Colquitt County and the said bond was forthwith forfeited, rule ni si and rule absolute was entered thereon and a judgment was obtained against said bondsmen on January, 1923, for the sum of $100.00 as aforesaid; and WHEREAS, the bondsmen at once began a search for their principal and after diligent search, finally apprehended the said fugitive and brought him to justice. The said principal Lon Seay was tried, and aquitted; and WHEREAS, the conditions of the said bond has been fully satisfied and the collection of the said $100.00 would work an injustice on the said bondsmen;

Page 1616

NOW, THEREFORE be it resolved by the House of Representatives, and the Senate concurring, that the said principal, Lon Seay and the said L. S. Perry, J. L. Horton and M. M. Plymen secureties as aforesaid be, and they are hereby relieved from all liability on said bond and from the said judgment based on said bond and that the clerk of Superior Court of Colquitt County, Georgia, is hereby authorized and instructed to mark said bond satisfied and to cancel the execution of record on the execution docket of said county, upon the payment of the Clerk's cost. Sureties released. Approved August 11, 1925. SPRAYBERRY, J. F., RELIEF AS SURETY. No. 32. A RESOLUTION. WHEREAS, J. F. Sprayberry did, on the 30th day of November, 1923, become bail in the principal sum of five hundred ($500.00) dollars for the appearance of one C. E. Fields at the January term, 1924, of the City Court of Decatur, in a case therein pending against said C. E. Fields, charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said C. E. Fields, at the November term, 1924, of said court; and Preamble. WHEREAS, on the 17th day of December, 1924, an execution issued upon the forfeiture of said bond against J. F. Sprayberry, surety, for the principal sum of five hundred ($500.00) dollars, and for the sum of eleven 85-100 dollars costs; and WHEREAS, the said C. E. Fields was afterwards, on the 30th day of January, 1925, at the expense of said J. F. Sprayberry, produced into court, and the said C. E.

Page 1617

Fields at the time entered a plea of guildy to the accusation against him, and was thereupon sentenced to work upon the public works of the County of DeKalb for twelve months or an alternative of seven hundred fifty ($750.00) dollars, which said alternative has been paid and the said defendant discharged. BE IT, THEREFORE RESOLVED by the House of Representatives, the Senate concurring, that in as much as the purpose for which the bond was given has been fully accomplished, that the said J. F. Sprayberry be relieved of all liability on said execution on said forfeiture, and the Clerk of City Court of Decatur is hereby authorized and directed to mark said execution satisfied and cancel same of record, upon said J. F. Sprayberry, paying the costs of said execution. Surety released Approved August 22, 1925. TALBOT SUPERIOR COURT FURNISHED GEORGIA REPORTS. No. 17. A RESOLUTION. BE IT RESOLVED by the General Assembly of Georgia, and it is hereby resolved by authority of the same that the State Librarian be instructed and authorized to furnish to the Clerk of the Superior Court of Talbot county, Georgia, the following volumes of the Supreme Court Reports which have become lost or destroyed from the sets formerly furnished to that county: State Librarian to furnish books. Volumes 1, 2, 4, 6, 8, 11, 14, 17, 23, 24, 33, 34, 36, 38, 39, 41, 48, 59, 70, 80, and 104. Said volumes to be for the use of Talbot County, Georgia. Approved August 18, 1925.

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TENNESSEE COPPER COMPANY AND DUCKTOWN SULPHUR, COPPER AND IRON COMPANY, LTD.; SETTLEMENT OF DAMAGES; EXTENSION OF CONTRACTS. No. 3. A RESOLUTION. To be entitled a joint resolution to authorize and direct the Governor of this State to contract in respect to the subject-matter of the litigation pending in the Supreme Court of the United States between the State of Georgia and the Tennessee Copper Company and the Ducktown Sulphur, Copper and Iron Company, Ltd.; to provide for the settlement of damages done to the citizens of Georgia; to provide for the extension of existing contracts, and for other purposes. Preamble. WHEREAS, the State of Georgia has pending against the Tennessee Copper Company and the Ducktown Sulphur, Copper Iron Company, Ltd., in the Supreme Court of the United States an action for injunction and for other relief, which has been pending for a number of years, but the State of Georgia has found it more expedient and to the interest of its citizens to give to these companies opportunity to remedy the evils complained of and to adjust such damages as may be done to citizens of this State through a system of arbitration, and in pursuance of this policy the Governor, at the direction of the General Assembly, from time to time has entered into contracts with these companies designed to the end just stated; and WHEREAS, the present existing contracts between the State of Georgia and the two companies aforesaid are in force by virtue of the provisions of the joint resolution of the General Assembly of Georgia, approved July 7, 1921; and

Page 1619

WHEREAS, the conditions stated in the preamble to that resolution still exist and it is more advantageous to the State of Georgia and its citizens to continue this relation than it would be to ask for an injunction in the premises, THEREFORE, be it resolved by the General Assembly of Georgia (the Senate and House of Representatives concurring) that by and with the consent of said companies or either of them the existing contracts between the State of Georgia and said respective companies are hereby extended for a period of five years from their expiration, but with the understanding that such provisions as to the termination thereof as are contained in Sections 10 and 12 of the contract between the State of Georgia and the Tennessee Copper Company, as set forth in the joint resolution of the General Assembly of Georgia on that subject, approved August 6, 1913, relating to notice of termination and the means by which such contracts may be terminated for the failure of the company bona fide to live up to the contracts, shall be considered as a part of the contracts as extended. Upon said companies or either of them filing with the Governor their assent to the provisions of this resolution and extension of said contract, the same shall, as to the company so assenting, or as to both of them in the event that both do assent, be continued and extended for five years from the expiration of the present existing contracts and the Governor is directed to enter the fact of such extension on the contracts and on the executive minutes. Upon said companies or either of them executing and delivering to the Governor, through their respective representatives, their assent to the extension of said contracts, the Attorney-General is directed to join with the attorneys representing the company or companies so assenting in taking such steps in the Supreme Court of the United States as will carry this agreement into effect, and so as to provide that no injunction shall issue in said

Page 1620

suits against such assenting company or companies during the period in which said contract as extended shall remain in force, and until the General Assembly of Georgia otherwise directs. Existing contracts extended. Proviso as to termination. Assent of Companies. Approved July 24, 1925. TOBACCO EXPOSITION ENDORSED. No. 20. A RESOLUTION. WHEREAS, it is realized that Georgia is fast taking rank among the leading tobacco producing states of the Union, and WHEREAS, in the columns of the Atlanta Constitution of July 29, 1925, Dr. Horace Grant, President of National Order of Pipe Smokers, submitted for the people of this state the very valuable suggestion for the holding of a Georgia Tobacco Exposition, and the Atlanta Constitution of same date having given the proposed exposition the strongest editorial commendation and endorsement, and Preamble. WHEREAS, the said exposition is to be sponsored by and held under the auspices of the National Order of Pipe Smokers with the end in view of advertising to the world the unrivalled advantages and possibilities of Georgia and Georgia soil for tobacco production, and to attract to Georgia tobacco growers and tobacco factories from all over the world, thereby increasing tax returns and revenue for the State, and providing high class employment and added pay-rolls and bank deposits for the whole state, THEREFORE BE IT RESOLVED by the House of Representatives and the Senate of the State of Georgia,

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that we do most earnestly commend and endorse this laudable and worthy enterprise for the upbuilding of the state and urge that the state and urge that the Georgia Tobacco Exposition be held in Atlanta, as suggested, or elsewhere within the state, at the earliest date expedient with the plans of the promoters. Enterprise endorsed. Be it further resolved that copies of these resolutions be furnished the press with the request that our approval of this undertaking be generally known. Approved August 21, 1925. TOLES, J. H.; RELIEF AS SURETY. No. 27. A RESOLUTION. WHEREAS, on the 14th day of March, 1924, J. H. Toles did become surety for the appearance of Albert Upshaw to the April term, 1924, of the City Court of Columbus, and Preamble. WHEREAS, at the April term, 1924, of said City Court of Columbus, the said Albert Upshaw had besides the case for which the said J. H. Toles entertained himself as surety for his appearance, another case pending in said court, and at said term of court appeared and entered a plea of guilty, and was finished by the Court, and the case for which said Toles was surety, said Upshaw understood was to be nol prosequied, and WHEREAS, at the July term, 1924, of said Court, said case was called and the said Albert Upshaw was not present in court, and a rule nisi to forfeit said bond was issued, and that both Upshaw and Toles thought said case was going to be nol prosequied, and

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WHEREAS, at the October term, 1924, said case was again called in said Court and a rule absolute was taken in said case; both Upshaw and Toles thinking that said case would be nol prosequied; and WHEREAS, at and before the January term, 1925, of said court said Toles filed his answer to said court praying the cout to set aside said rule absolute, but the court was unable to grant said relief prayed for; and at said term of court, said Upshaw entered a plea of guilty to the charge in said case and for which said Toles was surety, and the court entered a fine against said Upshaw; NOW, THEREFORE, BE IT 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, and the defendant was at all times in the City of Columbus and accessible to the court, that the said J. H. Toles, surety as aforesaid, be relieved from the payment of said bond, of two hundred dollars, and that the Clerk of the Superior Court of said State and County, of Muscogee, and who is the Clerk of the City Clerk of the City Court of Columbus, be and he is hereby authorized and instructed to mark the execution issued upon said forfeiture and rule absolute, Cancelled and satisfied by of record, by authority of this resolution; provided that said resolution shall not be construed as relieving said bondsman of the cost of said forfeit. Surety released. Approved August 22, 1925.

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TURNER, J. C., AND FROSOLONA, JOE, RELIEF AS SURETIES. No. 12. A RESOLUTION. WHEREAS, J. C. Turner and Joe Frosolona on the first day of February, 1923, did become surety for the appearance of Homer Darden at the March Quarterly Term, 1923, of the City Court of LaGrange in a case pending against the said Homer Darden charging him with the offense of misdemeanor, which said bond was for the sum of three hundred dollars ($300.00) and said bond was forfeited by reason of the non-appearance of the said Homer Darden, the rule nisi having been taken on April 21, 1923, and the rule absolute at the September term, 1924; Preamble. WHEREAS, an execution issued upon the forfeiture of said bond at the September term, 1924, of the City Court of La Grange for the principal sum of three hundred ($300.00) dollars and cost; WHEREAS, on the 7th day of March, 1925, the said Homer Darden entered his plea of guilty and was fined in the sum of three hundred fifty ($350.00) dollars, which fine he paid; BE IT THEREFORE RESOLVED by the House of Representatives, the Senate Concurring, that the county authorities of Troup County, Georgia, be and they are hereby authorized to relieve said J. C. Turner and Joe Frosolona as sureties on the said bond and they are relieved from the said execution, and the Clerk of the Superior Court of Troup County and Clerk of the City Court of La Grange 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. Sureties [Illegible Text] Approved August 11, 1925.

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UNFINISHED BUSINESS OF ASSEMBLY; CERTAIN MEMBERS TO REMAIN AFTER ADJOURNMENT. No. 36. A RESOLUTION. RESOLVED by the House of Representatives, the Senate concurring, that the Speaker of the House of Representatives and his Secretary and the President of the Senate, and his Secretary, the Clerk of the House of Representatives and the Secretary of the Senate be and are hereby anthorized to remain at the Capitol seven days after the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Speaker of House, President of Senate, Secretary and Clerk to remain. RESOLVED, that the Chairmen, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with the members of the Senate Enrollment Committee and 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 Committee to be designated by the Chairman thereof and the Chairman and two members of the Senate Engrossing Committee, to be designated by the Chairman thereof, be and they are hereby authorized to remain at the Capitol seven 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. Others to remain. RESOLVED, FURTHER, that the Postmistress of the House be and she is hereby authorized to remain at the Capitol seven days after the adjournment of the General

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Assembly for the purpose of distributing and forwarding members' mail, and that she be allowed her per diem for said time. Postmistress. RESOLVER, FURTHER, that three porters of the House and two porters of the Senate be and they are hereby authorized to remain at the Capitol seven days after the adjournment of the General Assembly, and that they be allowed their per diem for said time. Porters. Approved August 26, 1925. WESTERN AND ATLANTIC RAILROAD; COMPILATION OF INFORMATION REGARDING. No. 35. A RESOLUTION. WHEREAS, the Western Atlantic Railroad is recognized as the most valuable asset of the State of Georgia, and, Preamble. WHEREAS, it appears that records and data are scattered at various places in the Capitol Building, many valuable and pertinent reports, treatises, etc., being in the file and record rooms, making the ascertainment of facts concerning this property difficult to obtain when needed by the members of the General Assembly, NOW THEREFORE, be it resolved by the Senate, the House concurring, that the Georgia Public Service Commission be instructed to prepare, compile and have printed in one or more volumes all data pertaining to the history of the Western Atlantic Railroad that shall bring together this information in concise, compact form. Compilation of data concerning history of railroad. BE IT FURTHER RESOLVED that the said Georgia Public Service Commission be, and it is hereby instructed to employ its present consulting engineer, J. Houstoun

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Johnston, for the work of preparing said report under its direction. Consulting Engineer of Public Service Commission employed BE IT FURTHER RESOLVED that all expense connected with said history of the Western Atlantic Railroad shall be borne by said Georgia Public Service Commission from the funds allotted to it under Section 6 of the Act of the General Assembly of Georgia, approved August 21st, 1922, and further that no portion of said expense be paid from the general fund. Expense borne by Commission's funds. Approved August 25, 1925. WHITEFIELD COUNTY; REFUND TO MRS. H. J. COOGLER. No. 24. A RESOLUTION. Whereas M. Westbrook and L. Keith did, on the 30th day of March, 1922, become bail for the appearance of Julian Coogler at the April term, 1922, of the Superior Court of Whitefield County, Georgia, in a case pending against the said Julian Coogler charging him with the offense of misdemeanor; and Preamble. Whereas the said Julian Coogler appeared at the April term, 1922, of Whitfield Superior Court as required by the bond, and no bill of indictment was returned by the grand jury of said county at said April term, and the said Julian Coogler returned to his job which was away from the county; and Whereas a bill of indictment was afterwards, to-wit, at the October, 1922, term of Whitfield Superior Court, returned against the said Julian Coogler; and Whereas it has not been customary to hold a January term of Whitfield Superior Court, the said Julian Coogler

Page 1627

did not appear at said January, 1923, term of Whitfield Superior Court, and his bond was forfeited at said term; and Whereas the mother of said Julian Coogler, Mrs. H. J. Coogler, being a woman and not familiar with court procedure, paid to the clerk of said court before any scire facias was issued, the sum of two hundred ($200.00) dollars, being the amount of the said bond; and Whereas, as soon as said Julian Coogler learned of said indictment against him, he returned to the court and appeared therein to answer the said charge, said Coogler announcing ready to be tried, and the State refused to try him, and at the next term of said court, the State still refusing to try him, when the following order was passed by the court: By consent of the court case nolprossed as to Julian Coogler, in open court. October 15, 1924. Joe M. Lang, Solicitor-General. Be it resolved by the House of Representatives, the Senate concurring, that the county authorities of Whitfield County, Georgia, be and they are hereby authorized to pay to the said Mrs. H. J. Coogler, widowed mother of Julian Coogler, the sum of $200.00 out of the funds arising from the fines and forfeitures paid in to Whitfield Superior Court, for the purpose of reimbursing her for the amount so paid on account of said bond as aforesaid. Said authorities of Whitfield County, Georgia, are hereby authorized and directed to pay the said sum of $200.00. Refund of $200.00 from fines and forfeitures. Approved August 22, 1925.

Page 1628

WOODROW WILSON COLLEGE WEEK DESIGNATED. No. 23. A RESOLUTION. WHEREAS, it is fitting that Georgia should honor by a suitable memorial one of her most distinguished citizens, the former president of the United States, Woodrow Wilson, and Preamble. WHEREAS, there is being established in Georgia Woodrow Wilson College, an educational institution of college grade, which will be a true memorial to Woodrow Wilson, and which will be a strong ally of the other colleges of this State, and which will render great service to this State in the development of our educational resources, and, WHEREAS, the many citizens of Georgia who are lending support to establish the college have enlisted the support of several national organizations and many distinguished friends of Woodrow Wilson, and WHEREAS, this college can never receive support from legislative appropriations, but will be endowed by gifts of our citizens. THEREFORE BE IT RESOLVED, that the efforts of the loyal Georgians who are working to build Woodrow Wilson College are hereby commended and endorsed, and that the week of September 21 is hereby designated as Woodrow Wilson College week, at which time all Georgians are urged to make their contributions to this work. Week of September 21, for contributions Approved August 21, 1925.

Page 1629

WORLD WAR MEMORIAL COMMITTEE. No. 31. A RESOLUTION. WHEREAS no State was more gallantly represented during the late World War than was Georgia, and Preamble. WHEREAS in their effort to make the world safe for democracy hundreds of Georgia's sons made the supreme sacrifice, and WHEREAS no suitable recognition of the heroism of her noble sons has been made by Georgia, therefore BE IT JOINTLY RESOLVED by the General Assembly of Georgia that a committee composed of three members of the Senate and five members of the House be appointed to investigate and report some plan for establishing a lasting memorial that will be a fit tribute to Georgia's fallen heroes. 3 members of Senate and 5 of House to investigate and report Approved August 22, 1925.

Page 1631

TREASURER'S REPORT

Page 1632

EXHIBIT NO.1. Showing Receipts and Disbursements at the State Treasury for the Year Ending December 31, 1924. RECEIPTS. Jan. 1 Dr. 1924. Dr. 1923. To Balance in the Treasury $2,326,416.50 $1,633,132.75 Abstract Companies Tax 67.50 22,50 Adding Machine Companies 990,00 1,440.00 Advertising Agents 816.30 927.00 Agencies 1,823.85 1,935.00 Amusement Parks 855,00 225.00 Artists 824.76 967.50 Athletic Clubs 765.00 270.00 Auctioneers 2,610.00 1,912.50 Automobile Agents 39,394.80 33,545.50 Automobile Accessories 13,293.00 4,320.00 Automatic Sprinklers 90.00 Auto Assembling Plants 270.00 270.00 Awning and Tent Makers 189.00 148.50 Adjusters 45.00 Back Taxes 20,519.84 48,759.80 Ball and Other Parks 18.00 Barbers' Schools 13.50 13.50 Barbers' Shops 12,122.77 6,106.05 Barbers' Supplies 270.00 180.00 Beauty Parlors 774.00 576.00 Bee License Tax 25.00 200.00 Bicycles 1,026.00 747.00 Billards and Pool 16,321.50 31,522.50 Bill Distributors 67.50 Bill Posters 803.70 720.45 Bond Makers 90.00 360.00 Bottlers 459.00 Brokers (S. B.) 2,077.20 4,185.00 Burglar Alarms 22.50 22.50 Card Writers 4.50 4.50 Cafes and Restaurants 30,016.44 29,470.50 Carbonic Acid Gas 33,127.98 28,646.16 Carpet Cleaners 36.63 63.00 Cars for Hire 19.285,52 6,219.00 Cash Registers 810.00 630.00 Cemetery Agents 225.00 315.00 Charter License Fees 100.00 Cigar Dealers (W. R.) 21,966.76 73,466.99 Cigar Makers 117.00 324.00 Cigarette Dealers 16,818.35 111,856.50 Clerks' Cost Court of Appeals 3,795.00 3,495.00 Clerks' Cost Supreme Court 549.54 Coal and Wood Dealers 16,658.10 5,796.90 Cold Storage Tax 7,695.00 8,100.00 Construction Companies 2,154.64 677.39 Contractors 2,625.22 3,814.37 Corporation Tax (ad valorem) 89,802.90 103,014.34 Cost on Fi Fas 64.45 52.50 Cigars and Cigarettes 541,240.00 Dance Halls 1,080.00 706.50 Delinquent Taxes 176,554.74 Detective Agents 1,440.00 1.440.00 Directory Tax 112.50 225.00 Dividends from Stocks 2,596.00 2,782.00 Dry Cleaners 1,251.00 607.50 Fuel Oil Tax, 1 cent gallon 9,878.74 Electrical Contractors and Electricians 360.00 614.70 Electric Shows 10,183.63 8,251.29 Electric Shows Supplies 1,350.00 1,642.50 Emigrant Agents 1,800.00 Employment Agencies 585.00 540.00 Equipment Companies' Tax 10,490.52 5,557.38 Express Companies Tax 3,667.85 3,574.11 Fees from Fertilizers 213,561.59 212,519.48 Fees from Pure Food 64,395.87 62,535.77 Ferries 36.00 22.50 Forest Reserve Fund 2,072.82 1,765.19 Fuel Oil Tax, Counties Fund 1,120,466.89 Fuel Oil Tax, General Fund 1,120,466.93 962,986.58 Fuel Oil Tax, Highway Fund 1,120,466.87 Games 328.50 220.50 Game Protection Fees 10,000.00 20,686.72 Garages 18,412.65 5,542.88 General Tax 4,841,611.72 4,960,696.01 Grand Opera Tax 4,500.00 Hotels 8,148.15 5,862.95 Health Commission Fees 45.00 30.00 Horticultural Fees 1,542.00 Ice Cream Dealers, Wholesale 1,147.50 508.50 Industrial Com'n. Fees 44,719.42 41,157.68 Inheritance Tax 336,258.72 291,958.93 Insolvent General Tax 51,080.24 38,992.40 Insolvent Poll Tax 7,113.25 10,369.14 Insurance Agents 31,383.19 30,762.00 Insurance Fees 62,071.00 59,838.00 Insurance Tax by Companies 725,836.55 629,175.95 Implement Machinery Mfgs., and Agents 440.00 760.00 Interest from Depositories 32,495.46 24,512.26 Interest from Tax Collectors 5,512.48 4,315.19 Junk Dealers 1,973.16 2,349.00 Land Title Registration Fees 324.90 67,04 Laundries 9,565.92 1,912.50 Lease Indian Springs 110.00 Lenders on Wages 6,592.50 4,041.00 Lighting Plants 180.00 157.50 Lighting Rods 45.00 Live Stock Dealers 2,047.50 1,750.50 Loan Agents 3,343.50 1,399.50 Lumber Dealers 54.00 99.00 Liquidation Insurance Companies 391.68 Manufacturers Soft Drinks 8,887.85 13,027.38 Merchandise Brokers 967.50 1,125.00 Money Refunded 5,248.39 3,758.75 Monument Dealers 1,355.13 697.50 Motor Busses 1,791.00 Motorcycle Dealers 157.50 135.00 Motor Vehicle Fees 2,532,247.22 2,156,406.08 Musical Dealers 6,595.55 5,238.00 Occupation Tax (Capital) 293,781.71 245,014.48 Office Fees 4,330.20 3,475.29 Oil Fees 598,369.40 519,219.69 Oyster and Shrimp Packers 775.44 756.00 Penalties on Delinquent Taxes 7,500.00 Palmists 1,867.50 1,395.00 Pawnbrokers 12,690.00 10,125.00 Peddlers 4,612.50 4,778.72 Pensions Refunded 34,276.01 49,156.88 Picture Frame Dealers 13.50 13.50 Pistols and Cartridges 17,541.63 11,218.50 Playing Card Dealers 3,973.50 2,839.50 Poll Tax 299,985.29 365,068.59 Printing Brokers 27.00 27.00 Pressing Clubs 2,187.54 2,353.86 Pub. Service Com'n. Fees 71,231.60 51,066.55 Pumping Systems 90.00 90.00 Railroad News Companies 1,350.00 1,350.00 Railroad Tax 553,966.74 544,603.19 Real Estate Agents 9,229.50 3,811.50 Rental Mansion Property 19,999.92 19,999.92 Rental Public Property 8,340.00 8,340.00 Rental W. A. Railroad 540,000.00 540,000.00 Rinks 225.00 Sale of Tax Digest 7.50 Safes and Vaults 270.00 360.00 Sale of Public Property 10.00 191.00 Sale of Acts 781.75 769.89 Sale of Codes 158.50 163.84 Sale of Court of Appeals Report 212.10 361.74 Sale of Supreme Court Reports 268.75 799.70 Sanitariums 1,710.00 1,530.00 Sewing Machine Agents 1,700.00 2,010.00 Sewing Machine Companies 400.00 1,600.00 Show Tax 7,488.02 8,672.03 Sleeping Cars Companies 6,963.21 6,526.72 Slot Machines 1,507.05 2,301.75 Soda Fount Tax 5,936.40 5,089.50 Specialists 22.50 13.50 Steamboat Companies 18,667.67 16,869.77 Stevedores 540.00 630.00 Street Railroad Tax 102,790.96 84,217.45 Swimming Pools 1,035.00 364.50 Teachers' Agencies 112.50 180.00 Telegraph Companies Tax 15,934.75 16,036.11 Telephone Companies Tax 60,177.95 56,917.09 Temporary Loan 500,000.00 500,000.00 Trading Stamps 45.00 45.00 Traders 495.00 180.00 Trucks (G. O.) 5,463.00 4,864.86 Typewriter Agents 1,926.00 1,620.00 Undertakers 15,151.50 12,492.00 Used Car Dealers 1,170.00 635.30 Vital Statistic Fees 93.00 89.50 Warehouses 3,771.00 2,736.00 Weighing Scales 499.50 594.00 Wiener Stands 1,771.20 Total Receipts During the year $16,765,264.08 $13,222,122.16 Aggregate, Including Balance $19,091,680.58 $14,855,254.91

Page 1635

DISBURSEMENTS. Cr.1924. Cr.1923. By Academy for Blind $40,000.00 $36,000.00 Agricultural Schools 184,700.00 206,000.00 Albany Normal School (for Colored) 32,500.00 15,000.00 Board of Health 94,654.88 87,707.12 Board of Public Welfare 21,091.21 14,681.90 Bowdon State N. And I. College 15,000.00 15,000.00 Clerks Cost, Supreme Court 1,015.00 505.00 Civil Establishment 429,803.16 420,378.59 Coastal Plains Experiment Station 25,369.01 23,201.41 College for Colored 10,000.00 10,830.00 Contingent Fund 29,994.19 33,433.44 Contingent Fund Commerce and Labor 1,800.00 2,665.24 Contingent Fund Supreme Court 3,466.20 1,371.15 Contingent Fund Court of Appeals 1,892.23 2,373.52 Department of Audits 15,8650.0 Department of Agriculture (a) Statistics 4,403.74 (b) Maintenance 16,597.26 20,037.70 (c) Pure Food 9,583.37 12,264.23 (d) Chemicals 20,068.25 14,680.34 (e) Contagious Diseases 4,023.38 2,008.15 (f) Hog Cholera Serum 9,818.72 9,878.36 (g) Inspectors' Salary, etc. 48,619.62 42,266.30 (h) Tick Eradication 32,366.25 22,051.39 (i) Veterinarian Expenses 2,683.75 2,461.56 Dept. of Agr., Warrants, Insp. Fertilizers 58,852.07 55,079.56 Dept. of Archives and History 6,104.39 5,568.98 Dept. of Commerce and Labor 8,100.00 6,075.00 Dept. of Public Printing 6,300.00 5,225.00 Dept. of Revenue 17,018.87 Experiment Station 7,973.16 7,394.88 Fuel Administration 565.18 Fuel Oil Tax, Counties' Fund 1,111,899.66 Fuel Oil Tax, Highway Fund 1,106,079.04 Game Protection Fund 3,600.00 2,700.00 Geological Fund 11,183.25 12,991.04 Ga. State Woman's College (Valdosta) 72,500.00 64,000.00 Ga. State College for Women (M'ville) 102,500.00 102,500.00 Forest Reserve Fund 8,434.16 Highway Department 2,553,609.07 2,134,669.17 Horticultural Fund 73,000.00 72,250.00 Incidental Expense General Assembly 397.90 225.00 Indexing House and Senate Journal 400.00 250.00 Industrial Com'n. Fund 44,728.06 41,149.04 Inspections of Oils 6,415.49 5,784.20 Insurance Public Buildings, etc. 6,825.68 8,174.56 Insurance Department Fund 9,200.00 6,900.00 Land Script Fund Interest 6,314.14 6,314.14 Legislative Committees (Visiting) 5,123.20 197.00 Legislative Pay Roll 122,255.18 120,168.78 Legislative Pay Roll Extra Session (1923) 93,053.08 Library Commission 6,000.00 6,014.97 Library Fund 5,131.94 3,856.64 Library Fund Reference Bureau 1,351.32 1,644.91 Library Fund Court of Appeals 676.32 624.50 Market Bureau 103,099.77 101,610.45 Military Fund 33,467.62 32,663.03 North Georgia A. M. College 27,000.00 30,500.00 Overpayment Taxes Refunded 9,169.46 15,102.97 Pension Fund 1,597,717.20 1,152,434.78 Printing Fund 41,512.22 58,879.14 Printing Fund Special 2,482.73 Printing Fund R. R. Commission 30.95 Prison Fund 107,500.00 107,500.00 Public Buildings and Grounds 48,378.46 49,477.72 Public Service Com'n. Fund 49,365.81 39,325.80 Publishing Georgia Reports 8,603.26 12,052.73 Public Debt (a) Interest 221,251.25 226,102.45 (b) Sinking Fund 100,000.00 100,000.00 (c) Refunding Bonds 1,000.00 Refund, W. A. Rental Warrants 540,000.00 540,000.00 Reward Fund 2,350.00 1,700.00 Roster Fund 3,252.83 3,505.00 School of Agr. Mechanical Arts 5,000.00 School for the Deaf 77,000.00 70,000.00 School Fund 4,545,073.45 4,233,565.09 School for Mental Defectives 42,911.54 9,000.00 School for Technology 166,444.23 112,500.00 Service Bureau 5,147.44 1,003.78 Soldiers' Home 40,000.37 44,999.96 Solicitors Generals' Fees 6,640.00 7,280.00 Special Appropriation, Miscell 2,650.00 Special Appropriations Lease Com. 93.80 Special Appropriations House and Senate 51.50 State Medical College 69,500.00 49,500.00 State Normal School 88,000.00 63,000.00 State Sanitarium 1,229,964.81 800,000.00 State University, Support Fund 113,190.36 98,134.08 State Univ. for Agri. College 132,250.00 117,250.00 State Univ. for Smith-Lever 113,999.97 100,000.00 State Univ. for Summer School 6,000.00 6,000.00 Stationery and Furniture, General Assembly 5,233.40 Summer School Colored Teachers 2,500.00 Temporary Loan Refunded 508,812.50 511,750.00 Training School for Boys 29,000.00 27,000.00 Training School for Girls 40,364.77 28,635.23 Tuberculosis Sanitarium 56,000.00 50,000.00 Vocational Education 35,897.62 39,103.33 Vocational Rehabilitation 15,626.88 10,102.54 Soldiers' Home Weekly allowance to Inmates 5,000.00 Supplies, Repairs, Replacements, Gen. Assembly 4,641.37 Total Disbursements during the year $16,739,474.39 $12,528,838.41 To Balance in the State Treasury 2,352,206.19 2,326,416.50 Aggregate, including Balance $19,091,680.58 $14,855,254.91

Page 1637

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

Page 1638

Superior Court Calendar for 1925-1926 ALAPAHA CIRCUIT HON. JOHN P. KNIGHT, Judge, Nashville. 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 March, and first Monday in October. CookFirst and second Mondays in February, May, August and November. LanierFourth Monday in February, and second Monday in October. 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.

Page 1639

AUGUSTA CIRCUIT. HON. A. L. FRANKLIN, Judge, Augusta. GEORGE HAINS, Solicitor-General, Augusta. BurkeSecond Mondays in May and November. 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. W. B. GIBBS, Solicitor-General, Jesup. 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. C. F. McLAUGHLIN, Judge, Columbus. W. R. FLOURNOY, Solicitor-General, Columbus. ChattahoocheeThird Mondays in March and September. HarrisSecond Mondays in January and July. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, August and November, and second Monday in May. TalbotFirst and second Mondays in March and September. TaylorFirst and second Mondays in April and October.

Page 1640

CHEROKEE CIRCUIT. HON. MALCOLM C. TARVER, Judge, Dalton. C. C. PITTMAN, Solicitor-General, Cartersville. 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. R. EARL CAMP, Judge, Dublin. E. L. STEPHENS, Solicitor-General, Wrightsville. FRED KEA, Solicitor-General, Dublin. JohnsonThird Mondays in March and September. LaurensFourth Mondays in January, April, July, and October. TwiggsFourth Mondays in February and August.

Page 1641

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. F. D. WILLINGHAM, Solicitor-General, Forsyth. 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. CHARLES H. GARRETT, Solicitor-General, Macon. BibbFirst Mondays in February and November, and third Mondays in April and July. CrawfordThird Mondays in March and October. HoustonThird Mondays in February, May, August, and November. PeachFirst Mondays in March and September. MIDDLE CIRCUIT. HON. R. N. HARDEMAN, Judge, Louisville. WALTER F. GREY, Solicitor-General, Swainsboro. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July, and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March and September.

Page 1642

NORTHEASTERN CIRCUIT. HON. J. B. JONES, Judge, Gainesville. ROBERT McMILLAN, Solicitor-General, Clarksville. DawsonThird Monday in March, and first Monday in August. HabershamFirst Mondays in March and June, second Monday in August, and fourth Monday in November. HallThird Monday in January, first Monday in May, third Monday in July, and first Monday in November. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August. StephensFirst Mondays in January and July, and fourth Mondays in April and October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. WhiteFirst Monday in February, and second 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 Mondays in March and September. OglethorpeThird Mondays in March and September. OCMULGEE CIRCUIT. HON. JAMES B. PARK, Judge, Greensboro. J. B. DUKE, Solicitor-General, Eatonton. BaldwinSecond Mondays in January and July. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September. JasperSecond Mondays in February, August, and November. JonesThird Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in April and October.

Page 1643

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. JOHN C. HOLLINGSWORTH, Solicitor-General, Sylvania. 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. W. W. STARK, Judge, Commerce. 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. JAMES MADDOX, Judge, Rome. J. F. KELLY, Solicitor-General, Rome. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January, April, July, and October. WalkerThird Mondays in February and August, and first Mondays in May and November.

Page 1644

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 n 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. GRIFFITH, Solicitor-General, Buchanan. DouglasThird Mondays in March and September. HaralsonThird Mondays in January, April, July, and October. PauldingSecond Monday in February, and first Monday in August. PolkFourth Mondays in February and August.

Page 1645

TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. R. S. FOY, Solicitor-General, Sylvester. IrwinSecond Mondays in April and November. TiftThird and fourth Mondays in June, and first and second Mondays in December. TurnerThird Mondays in January, April, July, and October. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. HON. C. J. PERRYMAN, Judge, Lincolnton. M. L. FELTS, Solicitor-General, Warrenton. GlascockThird Mondays in February, May, August, and November. LincolnFourth Mondays in January, April, July, and October. TaliaferroFourth Mondays in February, May, August, and November. WarrenFirst Mondays in January, April, July, and October. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. HENRY D. REED, Judge, Waycross. 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. HENRY H. WEST, Solicitor-General, 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.

Page 1647

INDEX A ABBEVILLE Sale of municipal plant authorized 824 ACADEMY FOR THE BLIND Appropriations for 46 824 ADRIAN Sale of municipal plant authorized 825 AGRICULTURAL EXPERIMENT STATIONS Resolution to endow 1584 AGRICULTURAL COLLEGE See North Georgia Agricultural College. AGRICULTURE Securing of agricultural advances 118 ALBANY Amendments to charter 826 Ordinances proposed 829 Police limits, territory included in 826 School acts amended; board of education 829 ALBANY CITY COURT Judge and Solicitor; terms 346 ALCOHOL Manufacture and sale of ethyl alcohol regulated 297 ALMA Territory excluded from corporate limits 833 ALMA CITY COURT Creation of 347 Transfer of cases from Bacon County Court 390 AMERICUS Street lighting system; assessments 834 Territorial limits extended 836 ANDERSON, CLIFFORD L. Employment as counsel approved 245 ANDERSON, E. L. Resolution for relief as surety 1585 APPROPRIATIONS Acts tabulated 7 Academy for Blind; building repairs, etc 46

Page 1648

Capitol building; repairs 1589 College of Agriculture; maintenance 60 Confederate Cemetery at Marietta; maintenance 1586 Death chamber at Milledgeville 1588 Entomology Board; supplementary maintenance 46 Florida line fence 47 Georgia State Woman's College; deficiency 49 Lumpkin Law School Library 50 Public Buildings and Grounds; deficiency 1589 Resolutions tabulated 1583 School for Deaf; maintenance 52 School of Technology; supplementary maintenance 53 State College for Women; construction of buildings 53 State College for Women; maintenance 54 State Government Expenses 7 State Public Schools; maintenance 1590 State Sanitarium; deficiency 55 State Sanitarium; ice plant 55 Third District A. and M. School; indebtedness 56 Training School for Boys; equipment 57 Training School for Girls; building repairs, etc 58 Twelfth District A. M. School; buildings, etc. 59 University of Georgia; maintenance 60 Western and Atlantic Commission; $10,000 for expenses 282 ARMY U. S. Reserve Officers eligible to Civil office (C. C. 258) 77 ASHBURN CITY COURT Abolishment of 366 ATHENS Tax exemption, election for 837 Veto power in mayor, election to vest 838 ATKINSON COUNTY Change of bank designated as depository 526 ATLANTA See Atlanta Circuit; Criminal Court of Atlanta; Municipal Court of Atlanta. Amendments to charter 839 Bridges at Western and Atlantic crossings 1596 Fire and police department members; insurance of lives 841 Public improvement contracts ratified 841 Recorder's Court, two divisions of 839 Sewer assessments 841 Territorial limits extended 842 , 848 Territory excluded from corporate limits 858 , 859

Page 1649

ATLANTA CIRCUIT Salaries of assistants to Solicitor-General 509 Special commission abolished 511 AUCTION SALES Jewelry auctions; licensing and regulation 310 AUDITOR'S DEPARTMENT Compensation and employees of State Auditor 256 AUGUSTA City planning commission; zoning 863 Firemen's pensions 867 Tax exemption, election for 872 AUSTELL Election for bond issue 874 AUTOMOBILES See Motor-Vehicles. AVALON Territorial limits extended 879 B BACON COUNTY Board of Commissioners abolished 527 Commissioner's office created 528 Treasurer's office abolished; creation of depository 540 BACON COUNTY COURT Abolishment of; transfer of cases to Alma City Court 390 BAILIFFS Salaries in certain counties (P. C. 876) 100 BAINBRIDGE City-manager government, election for 880 Sale of municipal plant authorized 894 School tax rate 895 Street improvements; payment from treasury 899 BAINBRIDGE CITY COURT Calendar; salaries; court expenses 391 Calendar provisions repealed; salaries and expenses 392 BAKER COUNTY Superior Court furnished Georgia Reports 1591 BANKS AND BANKING Act of 1919 amended 119 Regulation of Credit Unions 165

Page 1650

BARNESVILLE Board of education created 896 BARROW COUNTY Board of education; elections and terms 545 BARTOW COUNTY Elections and terms of commissioner 546 BASS, G. C. Resolution for relief as surety 1591 BASS, S. C. Resolution for relief as surety 1591 BATTLE, B. B. Resolution for relief as surety 1593 BAXLEY Sale of municipal plant authorized 899 BIBB COUNTY Advertisement on Dixie Highway prohibited 553 Anti-Tuberculosis Commission, creation of 549 BIBB SUPERIOR COURT Appeals from Macon Municipal Court 464 BILLARDS Regulation of billard-rooms 286 BLACKSHEAR Recorder for police court 900 Sewers 901 BLACKSHEAR CITY COURT Judge's Salary 394 BLIND, ACADEMY FOR Appropriations for 46 , 824 BLUE RIDGE Registration of voters 901 BLUE RIDGE CIRCUIT Salary of Solicitor-General 513 BLUFFTON Public schools established 907 School district abolished 909 BONDS See Local Acts. Issue of State bonds to retire public debt 240 BRANTLEY COUNTY Regulation of fishing 553

Page 1651

BREMEN Amendments to charter 910 Board of education 913 Mayor and council; election of; to take office, when 912 School-tax rate, election to change 910 BRUNSWICK Conveyance of certain property; quitclaim deed 914 BROWN, JOSEPH E. Resolution for monument on Capitol grounds 1608 BRYAN COUNTY Commissioners; elections, terms, compensation 555 Creation of depository 557 Treasurer's office abolished 561 BURKE COUNTY Superior Court; terms and juries 103 Tax Commissioner's office created 562 BUSH, J. S. Resolution for relief as surety 1594 BUSH, W. J. Resolution for relief as surety 1594 BUTTS COUNTY Board of Commissioners abolished 564 Board of Commissioners created 565 C CADWELL Public schools abolished 916 CAIRO City planning commission 917 Street improvements 921 CALHOUN Term of office of mayor 917 CAMDEN COUNTY Fishing regulated in 574 CAMPBELL COUNTY Civil-service plan for police force 576 CANDLER, CHARLES MURPHY Appointed to Western and Atlantic Railroad Commission 278 CANDLER COUNTY Board of Commissioners abolished 577 Board of Commissioners created 578 Reports of Commissioners 582 Tax Commissioner's office created 584

Page 1652

CANTON Street improvements 932 CAPITOL Appropriation for repairs 1589 Monument of Joseph E. Brown 1608 Memorial of Thomas E. Watson 1610 CARRIERS See Railroads. CARROLL COUNTY Bond required of depository 586 CARROLLTON Street improvements 950 CATOOSA COUNTY Compensation of commissioners' clerk 587 Permission to change grade crossing 1595 CHARLTON COUNTY Fishing regulated in 589 Public hospital at Folkston authorized 591 CHARTERS Referendum required to repeal city charters 136 CHATHAM COUNTY Board of Commissioners; acts amended 592 Special bailiff for Superior Court 596 CHATTANOOGA State property in; Western and Atlantic Commission 277 CHEROKEE CIRCUIT Fee system abolished; salary of Solicitor-General 515 Salary and funds; Act of 1918 repealed 520 CHEROKEE COUNTY Obstructions in Little River and tributaries 597 CHICKAMAUGA Amendments to charter 963 Mayor and council; election and powers 964 , 966 Street improvements 967 Territorial limits 963 CHILDREN Child labor regulated 291 CITIES AND TOWNS See Charters; Municipal Corporations Disposition of public-utility properties 177 CITY COURTS Acts relating to, tabulated 345

Page 1653

CLARKE COUNTY Board of Health consolidated 598 CLAXTON Police officers 971 Registration of voters 970 Sale of plant authorized; public utility franchises 971 CLAYTON COUNTY Tax Commissioner's office created 600 CLEANERS See Launderers. CLERKS OF SUPERIOR COURT Fees in counties of 33,000 to 33,044 population 258 CLEVELAND Street improvements 972 CLINCH COUNTY Superior Court terms 104 COASTAL HIGHWAY See Highways. COBB COUNTY Salary of commissioners' clerk 603 Treasurer's salary and bond 604 CODE AMENDMENTS Amended sections; numbers 77 Change of name of capital stock (C. C. 2201) 91 Corporations, renewal of charters by Superior Courts_ (C. C. 2823, 2823a) 95 Court bailiffs in certain counties; salaries (P. C. 876) 100 Demurrers in equity cases; procedure (C. C. 5630) 97 Geological Department, salaries (C. C. 1973) 90 Insurance Companies, investment in home-office buildings (C. C. 2409-a) 92 Laurens and Lincoln jury-lists (P. C. 816) 98 Local educational taxes; duties of trustees (C. C. 1537) 87 Mistrials in felony cases; procedure (P. C. 1007) 101 Osteopathists, licensing of (C. C. 1738) 89 South Atlantic Coastal Highway; powers of commissioners (C. C. 640) 78 State Depositories in certain cities (C. C. 1249) 82 State Depositories, number of chartered banks to be appointed (C. C. 1249) 83 State Depository in Alamo (C. C. 1249) 84 State Depository in Atlanta (C. C. 1249) 85 State Depository in Atlanta (C. C. 1249) 86 State [Illegible Text] in Lakeland (C. C. 1249) 86 Street Railroad Corporations, capital stock increase (C. C. 2601) 94

Page 1654

Tax Collectors' Bonds (C. C. 1207) 79 U. S. Reserve Officers eligible to civil office (C. C. 258) 77 COLLEGE OF AGRICULTURE Appropriation for 60 COLLEGE PARK Amendments to charter 974 Bonds, sinking-fund to retire 975 Election to abolish schools 979 Sale of bonds 979 Schools, maintenance of 978 Tax returns 976 COLQUITT COUNTY Superior Court furnished Georgia Reports 1579 COLUMBUS See Municipal Court of Columbus. Police zones 982 Tax-exemption election 985 Title to land, conveyance for use as park 987 Title to commons land 989 COMMERCE Tax collections; execution, levy and sale 990 COMMERCE AND LABOR DEPARTMENT Assistant Commissioner's salary 141 COMMISSIONERS, COUNTY AND CITY See Local Acts. COMPENSATION See Workmen's Compensation. CONFEDERATE CEMETERIES Marietta; appropriation 1586 Resaca; construction of public road authorized 1598 CONFEDERATE SOLDIERS See Pensions. Memorial; January 21, designated Valor Day 1603 CONSOLIDATED SCHOOLS See Schools. CONSTITUTION; AMENDMENTS PROPOSED Crisp Debt, Increase for public utilities 72 Muscogee Superior Court Judge's Salary 70 CONVICT CAMPS See Penitentiary Committee. CONYERS CITY COURT Creation of 400 COOGLER, MRS. H. J. Whitfield County authorized to refund to 1626

Page 1655

CORDELE Amendments to charter 992 Board of Education; payments; treasurer 994 Registration of voters 993 School Tax 994 COOK SUPERIOR COURT Trial of civil and criminal cases 104 CORPORATIONS See Insurance Companies, Railroads. Change of name or capital stock, how authorized (C. C. 2201) 91 Municipal Corporations 819 Private Corporations 1580 Renewal of charters by Superior Courts (C. C. 2823, 2823-a) 95 COUNTIES See Superior Courts. Acts tabulated 524 Appropriations for public libraries, in counties of 24,530 to 24,550 people 244 County funds authorized for use in city paving 152 Election precincts in counties of 11,709 to 11,712 people 187 Fiscal year in counties of 100,000 people 198 Jury commissioner, compensation of, in counties of 39,837 to 39,845 people 216 No-fence elections, in counties of 11,450 to 11,500 people 224 Real estate licenses in counties of over 44,195 persons 325 Restricted residence districts in counties of 200,000 persons 337 Tax exemption elections in 259 COUNTY BOARD OF EDUCATION Budgets required from 135 County Courts 390 COUNTY OFFICERS' SALARIES See Local Acts. Counties of 60,000 to 70,000 people; fee system replaced 154 Counties of 44,000 to 60,000 and of 70,000 to 150,000 people 161 Counties of 200,000 population; fees returnable to county 159 Counties of 44,000 to 150,000 people; payments monthly 163 COUNTY TREASURERS Expenses of, in counties of more than 150,000 people 266 COURT OF APPEALS Appeals from Macon Municipal Court 465 CRAWFORDVILLE Public-utility franchises 995 CREDIT Regulation of Credit Unions 165 CRIMINAL COURT OF ATLANTA Qualification of Judge 368

Page 1656

CRIMINAL LAW See Local Acts. Billiard-rooms, regulation of 286 Child labor regulated 291 Dog licenses in Mitchell County 718 Ethyl alcohol; manufacture and sale regulated 297 Fishing in Brantley County 553 Fishing in Camden County 574 Fishing in Charlton County 589 Fishing in Decatur County 626 Fishing in Douglas County; act repealed 632 Fishing in Pierce County 736 Fishing in Tattnall County 755 Fishing in Ware County 785 Game and Fish; protection; licenses; Commissioner's salary 302 Hunting in Douglas [Illegible Text]; act repealed 633 Jewelry auctions regulated 310 Motor Vehicles, licensing of 315 Naval Stores Standards regulated 318 Political Mass Meetings regulated 321 Quail-shooting in Pierce County 737 Railroad Crossings; safety regulations 322 Real Estate Licenses in certain Counties 325 Restricted Residence Districts in certain Counties 337 Sunday Dancing Prohibited 339 Tidewater Commercial Fishing Tags 339 CRISP COUNTY Increase of debt for public utilities 72 Tax Commissioner's office created 605 CUTHBERT Registration of voters 996 D DALTON School Tax 999 DANCING Sunday dancing in public places prohibited 339 DANIELSVILLE CITY COURT Creation of 416 DAVIS, E. A. Resolution for relief as surety 1585 DAVIS, M. D. Resolution for relief as surety 1585 DAWSON CITY COURT Election to abolish 426

Page 1657

DAWSON COUNTY Board of Commissioners created 607 DEAF, SCHOOL FOR Appropriation for maintenance 52 DEATH CHAMBER Appropriation for 1588 DECATUR CITY COURT Salaries of Judge and Solicitor 428 DECATUR COUNTY Board of Commissioners abolished 616 Board of Commissioners created 617 Board of Commissioners; election to ratify 625 Fishing regulated in 626 Salary of treasurer 627 DE KALB COUNTY Compensation of Commissioner 628 DE LOACH, A. R. Resolution for relief as surety 1599 DEPOSITORIES See State Depositories; County Matters. DISTRIBUTORS See Fuel Distributors. DIXIE HIGHWAY See Bibb County. DOBBS, E. P. Refund of money advanced to City of Marietta 1178 DODGE COUNTY Salary of commissioners' clerk 630 DOERUN Acquisition of ice plant; referendum 1001 DOGS Licenses in Mitchell County 718 DOUGLAS COUNTY Board of Commissioners; Act of 1923 repealed 631 Fishing laws; Act of 1923 repealed 632 Game laws; Act of 1923 repealed 633 Salary of treasurer 633 DOUGLASVILLE Sale of plant; referendum 1003 DRAINAGE Assessments in drainage districts; creation of liens 179

Page 1658

DUBLIN Sale of plant authorized; public-utility franchises 1004 DUBLIN CITY COURT Sheriff's office abolished 430 DUCKTOWN SULPHUR, COPPER, IRON CO., LTD. Resolution extending contract 1618 DYERS See Launderers. E EARLY COUNTY Salary of treasurer 634 EAST POINT Bond issue 1007 City planning commission; zoning 1011 Sewer assessments 1018 EATONTON School tax 1021 EFFINGHAM COUNTY Treasurer's office created 634 ELBERT COUNTY Board of Commissioners; four additional members to serve as Bond Committee 636 Tax Commissioner's office created 640 ELECTIONS See Local Acts. Fence and no-fence elections in certain counties 190 Polls in certain counties, hours when open 187 EMBALMERS Licensing act amended 188 EMPLOYEES See Workmen's Compensation. ENGINEER See Highways. ENTOMOLOGY BOARD Appropriation for 46 EQUITY CASES Procedure as to demurrers (C. C. 5630) 97 ESTATE AND INHERITANCE TAXES 63 ETHYL ALCOHOL Manufacture and sale regulated 297

Page 1659

F FAIRBURN Town changed to City; new charter 1024 FELONY Mistrials, procedure (P. C. 1007) 101 FENCE Appropriation for Florida line fence 47 Fence and no-fence elections in counties of 33,000 to 33,044 people 190 In counties of 11,450 to 11,500 people; elections 224 FIRE-INSURANCE COMPANIES See Insurance Companies. FIRE-DEPARTMENT MEMBERS Pension and relief for, in city of 150,000 population 194 Two shifts in cities of 10,783 population 191 FISCAL YEAR In counties of 100,000 or more 198 FISHING See Game and Fish; Criminal Law; and Local Acts. Tidewater commercial fishing tags 339 FITZGERALD Amendments to charter 1049 Street improvements 1051 Tax rate 1050 FLETCHER, DAN Resolution for relief of, as surety 1601 FLORIDA Appropriations for fence at State line 47 FLOYD CITY COURT Salary of Judge 431 FLOYD COUNTY Salary of tax-collector 643 FOLKSTON, CITY OF Payment for Public Hospital, from funds of Charlton County 591 Payment for public hospital 1059 FORESTRY Board of Forestry established; laws revised 199 FORT VALLEY Public schools abolished 1060 Territorial limits extended 1061 , 1063 FRANKLIN School district; creation of lien 1064

Page 1660

FROSOLONA, JOE Resolution for relief of, as surety 1623 FRY Charter repealed 1065 FUEL DISTRIBUTORS Occupation tax; appropriation 65 Occupation tax; collecting clerk 66 FULTON COUNTY Compensation of Commissioners 643 Compensation of commissioners' clerk 644 G GAINESVILLE Creation of Industrial and Publicity Board 1066 GAMBLING Regulation of billiard and pool rooms 286 GAME AND FISH Protection of; hunting licenses; commissioner's salary 302 GARNISHMENTS On non-residents 204 GENERAL ASSEMBLY Primary nominations of members, in counties of 200,000 205 Unfinished business; certain member; to remain after adjournment 1624 GEOLOGICAL DEPARTMENT Salaries (C. C. 1973) 90 GEORGIA REPORTS Furnished to several counties 1591 , 1597 , 1617 GLENNVILLE Elections and street improvements 1070 GOFF, G. K. Resolution for relief as surety 1601 GORDON COUNTY Tax Commissioner's office created 645 GOVERNOR'S MANSION Purchase authorized 1614 GRADY COUNTY Treasurer's office abolished; depositories created 648 GREENE COUNTY Board of Commissioners abolished 651 Board of Commissioners created 653

Page 1661

GREENSBORO Sale of plant; public-utility franchises 1073 GREENVILLE City court; salary of judge; fines and forfeitures 432 Penalty for violation of ordinances 1076 Police power extended 1077 GRIFFIN Registration of voters 1078 GRIMES, W. J. Resolution for relief as surety 1594 H HADDOCK Charter repealed 1080 HARWELL, FRANK Employment as counsel approved 245 HAZLEHURST Sale of plant; public-utility franchises 1081 Street improvements 1083 HENRY COUNTY Tax Commissioner's office created 660 HEPHZIBAH Water and drainage bonds 1090 HIGH SCHOOLS See Schools. HIGHWAYS Act of 1921 amended; limit of total mileage 207 Advertisements of Dixie Highway prohibited 553 Coastal Highway District; act amended 139 County funds authorized for use in city paving 152 Road to Confederate Cemetery at Resaca 1598 South Atlantic Coastal Highway, powers of commissioners (C. C. 640) 78 State-aid roads; employment of assistants; highway engineer; suits by or against board 208 Victory Drive pavement contract; tolls 592 HORTON, J. L. Resolution for relief as surety 1615 HOUSTON COUNTY Superior Court terms 105 HUNTING See Game and Fish; Criminal law; Local Acts.

Page 1662

I INDIAN SPRING RESERVE Resolution for leasing, by Governor 1602 INDUSTRIAL COMMISSION Accident claims under Workmen's Compensation act 284 INFANTS See Minors. INSURANCE AGENTS Collection of occupation tax 62 INHERITANCE TAXES See Estate and Inheritance Taxes. INSURANCE COMPANIES Investment in home-office buildings (C. C. 2409-a) 92 Licensing of fire and casualty agents 211 Tax to pay pensions of firemen 191 IRWIN COUNTY Commissioner's salary; maintenance of chaingang 663 Designation of County depositories 665 Superior Court terms 106 J JACKSON School-tax rate 1093 JASPER Power to fix fire limits 1094 JASPER COUNTY Superior Court terms 107 JEFFERSON CITY COURT Quarterly terms 434 JEFFERSONVILLE Sale of plant; public-utility franchises 1096 JEWELRY Auction sales regulated 310 JOHNSON, C. A. Resolution for relief as surety 1585 JONES COUNTY Board of Commissioners; elections to fill vacancies 666 Treasurer's office abolished; creation of depository 667 JORDAN, J. F. Resolution for relief as surety 1604

Page 1663

JUDGES See Superior-Court Judges. JURY COMMISSIONERS Compensation, in counties of 39,837 to 39,845 people 216 L LABOR See Workmen's Compensation. Employment of children regulated 291 LA GRANGE CITY COURT Procedure; solicitor's practice 437 Trial of criminal cases 435 LAKELAND Act incorporating city of 1217 LAKELAND CITY COURT Election to create 439 Transfer to cases from Lanier County Court 446 , 460 LAMAR COUNTY Tax Commissioner's office created 668 Tax rate 670 Treasurer's office abolished; creation of depository 671 LANIER COUNTY Board of Commissioners; act amended 674 County Court; Lakeland City Court 439 , 460 Superior Court; terms 108 Superior Court; commitments from Lakeland City Court 453 LAUNDERS, CLEANERS, AND DYERS Liens for unpaid charges; sale of goods 217 LAURENS COUNTY Board of Commissioners; elections and bonds 690 Bond Commission; act amended 687 Jury lists (P. C. 816) 98 Sheriff to be ex-officio sheriff of Dublin City Court 430 LIBERTY COUNTY Commissioners' bonds 691 LIBRARIES Appropriations annual, in counties of 24,530 to 24,550 people 244 LICENSES See Local [Illegible Text]. Billiard-rooms, regulation of 286 Dog-licenses in Mitchell County 718 Embalmers; act of 1899 amended 188 Ethyl alcohol, manufacture and sale regulated 297

Page 1664

Hunters and trappers 302 Insurance agents, fire and casualty 211 Jewelry auctions 310 Motor-vehicles 315 Osteopathists (C. C. 1738) 89 Real-estate brokers and salesmen 325 Tidewater commercial fishing tags 339 LIENS See Drainage; Launderers; Railroads; and see Local Acts as to tax liens etc. LINCOLN COUNTY Jury lists (P. C. 816) 98 Tax-exemption election 693 LITTLE RIVER Obstructions in tributaries of 597 LOCAL AND SPECIAL LAWS TABULATED City and Municipal Courts 345 County Matters 524 Solicitors-General; Salaries 509 Municipal Corporations 816 Private Corporations 1580 LOUISVILLE Sale of plant 1108 Street improvements 1097 LOWNDES COUNTY Commissioners authorized to pave State Women's College driveways 1606 LUMPKIN LAW SCHOOL Appropriation for library 50 LYONS Sale of plant; public-utility franchises 1109 M MACON CIRCUIT Salary of Solicitor-General; payment by Peach County 521 MACON, CITY OF Alley encroachment 1110 Anti-Tuberculosis Commission; appropriation authorized 551 Charter amendments 1112 , 1116 City Manager; commission government 1116 , 1130 Conveyance of certain property 1167 Mayor; salary and duties 1169 MACON CITY COURT Salary of deputy clerk 461

Page 1665

MACON COUNTY Board of Commissioners; vacancies; clerk 694 MACON MUNICIPAL COURT Appeals to Bibb Superior Court; funds, credits, executions 463 Salaries; procedure 469 MADISON, CITY OF Registration of voters 1170 School-tax election 1172 MADISON CITY COURT Abolishment of 472 MADISON COUNTY Superior Court terms 110 Commitments to Danielsville City Court 424 MANCHESTER Territorial limits extended 1174 MANLY JAIL WORKS Payment to, from Death Chamber appropriation 1588 MARIETTA Lights and waterworks; refund of money advanced 1178 Registration; business licenses 1176 MARION COUNTY Board of Commissioners abolished 696 Board of Commissioners created 697 Tax Commissioner's office created 702 MARKETING Membership of co-operative associations 150 MARTIN Territorial limits extended 1180 MASSEY, L. W. Resolution for relief as surety 1604 McGRAW, J. C. Resolution for relief as surety 1607 McRAE Street improvements 1181 MEETINGS Political mass meetings regulated 321 METTER Sale of plant; public-utility franchises 1188 MIDWAY Act incorporating Town of 1189

Page 1666

MILLEDGEVILLE Grant of property for educational purposes 1198 Street-improvement bonds 1199 MILLEN Appropriation of welfare fund 1216 Sale of plant; referendum 1214 MILLER CITY COURT Abolishment of 474 MILLER COUNTY Board of Commissioners; act amended 705 Road Superintendent created 706 Superior Court; transfer of cases from Miller City Court 475 MILLTOWN Name changed to City of Lakeland; new charter 1217 MINORS Child labor regulated 291 MITCHELL COUNTY Dog-keeping regulated 718 MONROE Zoning system 1268 MORGAN COUNTY Superior Court; terms and grand juries 111 Transfer of cases from Madison City Court 473 MORTGAGES Notice to owner before tax sale 252 MOTOR-BUSSES Leased by street-railway companies 219 MOTOR-FUEL DISTRIBUTORS Occupation tax 68 MOTOR-VEHICLES Licensing of 315 MOULTRIE Condemnations; water and lights 1272 MUNICIPAL COURT OF ATLANTA Appeals 384 Appellate Division 382 Certiorari 386 Claim cases 377 Clerks 373 Foreclosures 377

Page 1667

Juries 381 Jurisdiction 371 , 372 Marshals 375 Minutes, in cases involving more than $100 389 Pleading 380 Sales 385 Terms 377 MUNICIPAL COURT OF COLUMBUS Sheriff's sales; salaries 396 MUNICIPAL POLICE COURTS See Municipal Corporations. MUSCOGEE COUNTY Party executive officers, election of 721 Superior-Court Judge's Salary 70 Tax-exemption elections 724 N NAHUNTA Act incorporating City of 1273 NASHVILLE School district abolished 1301 NATIONAL GUARD Continuance of cases when parties absent for duty 149 Retirement of officers retired from Federal service 221 NAVAL STORES Adoption of official United States standards 318 NAVIGATION See Savannah Port Authority. Maintenance of shipping facilities for river navigation by cities of 30,000 to 32,000 people 248 Tugalo River navigation acts repealed 267 NEWNAN Business licenses; authority to prohibit certain occupations 1302 Charity fund, appropriation of 1303 NEWNAN CITY COURT Salary of Judge 476 NO-FENCE LAW See Fence. NOMINATIONS See Primary Nominations. NON-PAR STOCK See Stock Shares. NON-RESIDENTS Garnishments on 204

Page 1668

NORCROSS Tax rate 1305 NORTH GEORGIA AGRICULTURAL COLLEGE President of Alumni Association as trustee 228 O OCILLA New charter for 1306 OCONEE COUNTY Board of Commissioners; elections and terms 727 , 729 Treasurer's election 731 OFFICERS U. S. Reserve Office eligible to civil office (C. C. 258) 77 OSTEOPATHISTS Licensing of (C. C. 1738) 89 P PAULDING COUNTY Superior Court terms 112 PAVING See Highways; Local Acts. PEACH COUNTY City Court, election to create 477 Payment to Solicitor-General of Macon Circuit 521 Superior Court; Commitments to Peach City Court 490 PEARSON Tax rate 1338 PELHAM Town changed to City; new charter 1340 PENAL LAWS See Criminal Law. PENITENTIARY COMMITTEE Visitation of camps, resolution for 1611 PENSIONS Confederate Pensions, scrip issue for 145 Confederate Pensions, time of payment 146 Firemen, in city of 150,000 population 194 Police force, pensions and relief of, in cities of 150,000 population 228 , 234 PERRY, L. S. Resolution for relief as surety 1615 PICKENS COUNTY Road tax; Act of 1918 repealed 733

Page 1669

PIEDMONT Charter for town of 1352 , 1356 PIERCE COUNTY Commissioner; contracts, residence, allowances 733 Fishing regulated in 736 Mileage allowance to Commissioner 735 Quail-shooting regulated 737 PLAINS Amendments to charter 1360 PLYMEL, M. M. Resolution for relief as surety 1615 POLICE AND POLICE COURTS See Local Acts. POLICE FORCE Pensions and relief, in cities of 150,000 population 228 , 234 POLITICAL MEETINGS Participants; places of holding; etc. 321 POLK COUNTY Tax-exemption election 738 POLLS See Elections. POOL ROOMS See Billiards. PRIMARY NOMINATIONS Of General Assembly Members and Superior Court Judges, in counties of 200,000 205 PUBLIC BUILDINGS AND GROUNDS Appropriation for 1589 PUBLIC DEBT Bond issue authorized 240 PUBLIC SCHOOLS See Schools. PUBLIC-SERVICE COMMISSION Information as to Western and Atlantic Railroad 1625 PUBLIC UTILITIES See Local Acts. Disposition of properties in cities 177 Q QUAIL Regulation of quail shooting in Pierce County 737 QUITMAN Board of Education; payment of share of State funds 1371 Tax-assessors and public improvements 1372 QUITMAN COUNTY Treasurer's salary 740

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R RAILROADS See Western and Atlantic Railroad. Carriers, disposition of undelivered freight 142 Motor busses leased by street-railway companies 219 Safety regulations for grade crossings 322 Street-Railroad Corporations, capital stock increase (C. C. 2601) 94 Valdosta Street Railway Co., exempted from paving tax 1580 Western and Atlantic Railroad Commission created 277 RALEIGH Charter for City of 1377 RAY CITY Time of holding elections 1384 REAL ESTATE COMMISSION Creation of 327 REAL ESTATE COMPANIES Licensing of brokers and salesmen 325 REIDSVILLE City Court; fees of clerk and sheriff 495 Sentence for violations of ordinances 1385 REPORTERS See Savannah City Court. Counties containing cities of more than 175,000 population; compensation 164 Supreme Court Reporter; compensation of stenographer 144 RESIDENCES Restricted districts in counties of 200,000 population 337 RESOLUTIONS TABULATED 1835 RICHMOND COUNTY School tax rate 741 RINGGOLD Amendments to charter 1387 RIVERS See Navigation. Maintenance of shipping facilities by certain cities 248 Tugalo River navigation acts repealed 267 ROBERTS, E. K. Resolution for relief as surety 1585 ROCKDALE SUPERIOR COURT Transfer of cases to Conyers City Court 411 416 ROCKMART School district abolished 1391 Street improvements 1392 ROME Amendments to charter 1405 City manager, qualifications of 1410

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City Planning Commission 1423 Registration of voters 1424 Street improvements 1411 Sewers 1418 Taxes 1427 Territorial Limits 1407 ROSSVILLE Amendments to charter 1430 Territorial limits 1431 Sewer bonds 1432 Street improvements 1434 Violation of ordinances 1436 S SAINT MARYS Schools incorporated in Camden County system 1437 SANDERSVILLE Authority to own and maintain ice plant 1438 Sale of plant; referendum 1439 SAVANNAH Amendments to charter 1440 Bacon Park Commission created 1441 Conveyance of property 1446 Jurisdiction of Recorder's Court 1450 Port Authority; ordinance of 1924 confirmed 1451 Sale of certain real estate 1466 Sidewalk abandonment 1467 Sidewalk encroachment 1468 Territorial limits 1447 SAVANNAH CITY COURT Costs; deposits by plaintiffs in civil cases 496 Salary of Reporter 497 Salary of Sheriff; distribution of costs 498 SCARLETT, H. C. Resolution for relief as surety 1607 , 1613 SCHOOLS See Appropriations; Academy for the Blind; School for the Deaf; School of Technology; Resolutions; State College for Women; University of Georgia. Amendments to Code of School 250 , 251 Appropriation for State public (common) schools 1590 Auditor's assistant; salary and duties 257 Bonds for county superintendents 250 Consolidated schools; establishment and maintenance 147 County Boards of Education; budgets required 135 High-school supervisor 206 Local educational taxes, duties of trustees (C. C. 1537) 87 Purchase of buildings already erected 251

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SCHOOL FOR THE DEAF Appropriation for 52 SCHOOL OF TECHNOLOGY Appropriation for 53 SEAY, LON Resolution for relief as surety 1615 SECURITY DEED Notice to owner before tax sale 252 SEMINOLE COUNTY Board of Commissioners; act of 1924, making Ordinary ex-officio clerk, repealed 743 SHEPARD, W. G. Resolution for relief as surety 1594 SHIPPING See Navigation. SIVEL, J. W. Resolution for relief as surety 1591 SOPERTON Sale of plant; public-utility franchises 1469 SOUTH ATLANTIC COASTAL HIGHWAY See Highways. SPARTA Sale of plant; public-utility franchises 1470 SPRAYBERRY, J. F. Resolution for relief as surety 1616 SPRINGFIELD Tax rate 1417 SPRINGFIELD CITY COURT Salaries of jurors 500 STATE-AID ROADS See Highways. Appropriation of Fuel Distributors' occupation tax 65 STATE COLLEGE FOR WOMEN Appropriations for 49 , 53 , 54 Lowndes Commissioners authorized to pave driveways 1606 STATE DEPOSITORIES (C. C. 1249) Alamo, depository established in 84 Atlanta, depositories established in 85 , 86 Established in certain cities 82 Lakeland, depository established in 86 Number of chartered banks to be appointed 83 STATE LIBRARY Books furnished to Baker Superior Court 1591 Books furnished to Colquitt Superior Court 1597 Books to be furnished to Talbot Superior Court 1617

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STATE SANITARIUM Appropriations for 55 STATE TREASURER'S REPORT 1631 STATE WOMAN'S COLLEGE See State College for Women. STATESBORO Sale of plant; public-utility franchises 1472 STEAM POWER See Water and Steam Power Plants. STENOGRAPHERS See Reporters. STREET RAILROADS See Railroads. STOCK SHARES AND STOCKHOLDERS See Banks and Banking. Issue of non-par stock regulated 224 STORES See Naval Stores. SUMTER COUNTY Tax Commissioner's office created 744 SUNDAY Dancing prohibited on 339 SUPERIOR-COURT JUDGES Primary nominations in counties of 200,000 205 SUPERIOR COURTS Calendar of sessions 1638 Changes in times of holding 103 Clerks in counties of 33,000 to 33,044 people; fees 258 SOLICITORS-GENERAL Acts tabulated 509 Names of 1638 SURETIES RELEASED 1585 , 1591 , 1593 , 1594 , 1599 , 1601 , 1604 , 1607 , 1613 , 1615 , 1616 , 1621 , 1623 SWAINSBORO City Court; salaries of Clerk and Sheriff 501 Elections of Mayor and Council 1473 Sale of plant 1476 SYLVANIA Sale of plant; public-utility franchises 1477 T TALBOT COUNTY Board of Commissioners; elections 749 Compensation of commissioners 750 Superior Court furnished Georgia Reports 1617 TALBOTTON Registration of voters 1478 TALIAFERRO COUNTY Sheriff's patrol 752

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TATTNALL COUNTY Board of Commissioners; audits 754 Fishing regulated 755 Police force created 756 TAX-COLLECTORS Bonds in certain counties (C. C. 1207) 79 TAXATION AND TAXES See Local and Special Acts. Acts tabulated 62 Elections for tax exemptions in counties 259 Estate and Inheritance Taxes 63 Insurance Agents' Occupation Tax, collection of 62 Fuel Distributors 65 , 66 Local Educational Taxes (C. C. 1537) 87 Motor-Fuel Districutors 68 Notice to security deed holder before sale 252 Recovery of taxes assessed by Federal government 245 Returns, examination of, in counties of 80,000 to 150,000 people 265 TELFAIR COUNTY Bond Commission created 757 TENNESSEE COPPER COMPANY Resolution as to damages; extending contract 1618 TERRELL SUPERIOR COURT Transfer of cases from Dawson City Court 427 THIRD DISTRICT A. M. SCHOOL Appropriation for 56 THOMAS COUNTY Compensation of commissioners 761 THOMASVILLE Street improvements 1480 Territorial limits extended 1492 THOMPSON, ULY O. Resolution to accept portrait from 1612 THOMSON Street improvements 1497 TIDEWATER Commercial fishing tags 339 TIFT COUNTY Commissioners' clerk; salaries 762 Superior Court; terms 112 TIFTON CITY COURT Jurisdiction; salaries; officers, elections, etc. 502 TOBACCO Resolution endorsing tobacco exposition 1620

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TOCCOA Public schools; tuition fee abolished 1502 Registration of voters 1503 Street improvements 1504 TOLES, J. H. Resolution for relief as surety 1621 TOOLE, MRS. ZULA B. Resolution for relief as surety 1594 TRAINING SCHOOL FOR BOYS Appropriation for 57 TRAINING SCHOOL FOR GIRLS Appropriation for 58 TRAMMELL, PAUL B. Appointed to Western and Atlantic Railroad Commission 278 TRAPPING See Game and Fish; Licenses. TREASURERS In counties of more than 150,000 people; expenses 266 Report of State Treasurer 1631 TREUTLEN COUNTY Tax Commissioner's office created 764 TROUP COUNTY Commitments to LaGrange City Court 437 Waterworks tax 766 TUGALO RIVER Navigation acts repealed 267 TURNER COUNTY Board of Commissioners created; election to ratify 768 Superior Court; terms and grand juries 113 Superior Court; transfer of cases from Ashburn City Court 367 Tax Commissioner's office created 780 TURNER, J. C. Resolution for relief as surety 1623 TURNER, R. C. Payment to, from Death Chamber appropriation 1588 TWELFTH DISTRICT A. M. SCHOOL Appropriation for 59 TWIN CITY Sale of plant 1514 U UNDERTAKERS See Embalmers.