Acts and resolutions of the General Assembly of the state of Georgia 1927 [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: STEIN PRINTING COMPANY 19270000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1927 19270000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA STEIN PRINTING COMPANY, State Printer 1927

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

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1927 PART I.GENERAL PUBLIC LAWS TITLE I.APPROPRIATIONS. TITLE II.TAXATION. TITLE III.AMENDMENTS TO CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.EDUCATIONSCHOOLS. TITLE VI.SUPERIOR COURTS. TITLE VII.MISCELLANEOUS CIVIL AND PENAL LAWS.

TITLE I. Appropriations. ACTS. General Appropriation Act for 1928-1929. North Georgia Agricultural College; Waterworks, Sewerage, Repairs. Public Buildings and Grounds. (See Resolutions.) Reward-Fund Deficiency. Sanitarium Building and Waterworks. School for the Deaf; Linotype. School of Technology; Machinery. Tuberculosis in Animals. (See Title VII.) University of Georgia; Debt of Normal School at Statesboro. University of Georgia; Deficiency. University of Georgia; Deficiency of State Woman's College. University of Georgia; Emergency Fund for College of Agriculture. University of Georgia Medical Department; Supplemental Maintenance Fund. GENERAL APPROPRIATION ACT FOR 1928-1929. No. 394. An Act to make, for the fiscal years 1928 and 1929, appropriations fixed by previous laws, for the ordinary 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.

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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, that the sums of money hereinafter set out, or so much thereof as may be needed, be and the same are hereby appropriated for the fiscal years 1928 and 1929, for the objects and purposes stated. Ordinary expenses of State Government for 1928 and 1929. APPROPRIATIONS 1928-1929. For the year For the year 1928 1929 DIVISION AEXECUTIVE DEPARTMENT. SECTION 1. GOVERNOR'S OFFICE. (a) For the salary of the Governor $ 7,500.00 $ 7,500.00 Executive department. Governor's 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 25,000.00 25,000.00 Contingent fund. 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. Provided further, that the expenses of an automobile for the use of the Governor shall be paid from this sum. 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 fund. Provided also, that advertisements for proposed Constitutional Amendments be printed in one newspaper only in each Congressional District. Proviso as to traveling expenses and clerical help. Automobile expenses. Entertainment of guests. Advertising constitutional amendments.

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(e) For a reward fund to be expended by the Governor, according to law 3,000.00 3,000.00 Reward fund. (f) For payment of insurance on public property, as provided by the Act of 1882-1883, page 27 5,000.00 5,000.00 Insurance. (g) For insurance premiums on State property, to be renewed in January, 1927 (h) For a general printing fund, to be expended by the Governor, according to law 25,000.00 25,000.00 Printing. Provided, that all departments of the State Government and all State institutions, which are required by law to submit reports to the Governor or to the General Assembly, or which may be called upon to submit reports by the Governor or the General Assembly shall, prior to the printing of such report, submit the same to the Governor, together with a statement of the number of copies of such report deemed necessary by such department and a statement of the 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. Every such report shall set forth all receipts and disbursements in full, and be filed with the Governor within 60 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. Before filing any report the author shall carefully edit the same and strike therefrom all journals and minutes of proceedings, and all corresponding petitions and orders and other documents or writings whose substance can be briefly [Illegible Text] 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. Reports of departments and institutions. Sworn statement before printing report. Approval by Governor. Contents of reports. Time of filing report. Matter excluded from report.

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SECTION 2. DEPARTMENT OF AGRICULTURE (a) For the salary of the Commissioner of Agriculture $ 5,000.00 $ 5,000.00 Salaries: Commissioner of Agriculture. (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 15,000.00 15,000.00 Maintenance of department. (d) For collection of agricultural statistics as provided in Par. 11, Section 2068 of the Code 3,000.00 3,000.00 Statistics. (d) For the execution of the Pure Food and Drug Act of Aug. 21, 1906 10,000.00 10,000.00 Execution of Pure Food and Drug Act. (f) For the salary of the State Chemist, to be paid from Civil Establishment 3,000.00 3,000.00 Chemist. (g) For the salary of the State Chemist, to be paid from Insecticides Fund, as provided in Act of August 18, 1924. 1,000.00 1,000.00

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(g-1) For the salary of two assistant chemists at $1,000.00 each, to be paid from Civil Establishment 2,000.00 2,000.00 Assistant chemist. (h) For chemical laboratory, assistants and helpers 7,500.00 7,500.00 Chemical laboratory; assistants. (i) For maintenance Chemist's Office 6,000.00 6,000.00 Maintenance; chemist's office. (j) For Insecticide fund, Chemist's office 1,500.00 1,500.00 Insecticide fund. (k) For the salary of the State Veterinarian 2,500.00 2,500.00 Veterinarian; salary. (l) For the traveling expenses of the State Veterinarian 2,000.00 2,000.00 Traveling expenses. (m) For the protection of live stock from contagious and infectious diseases 5,000.00 5,000.00 Live-stock protection from disease. (n) For combating the outbreaks of hog cholera and distributing serum under the Act of Aug. 18, 1919 10,000.00 10,000.00 Hog cholera; serum. (o) For exterminating the cattle-tick for each year, or so much thereof as is absolutely necessary 25,000.00 25,000.00 Cattle-tick extermination. Provided that of said sum so appropriated the sum of $2,784.16 shall be paid to Colquitt County as reimbursement for funds already expended by said county on behalf of the State Veterinarian in tick eradication work in reinfested area in said county. Provided that of said sum so appropraited the sum of $1,614.36 shall be paid to Liberty County as reimbursement for funds already expended by said county on behalf of the State Veterinarian in tick eradication work in reinfested area in said county. Reimbursement of Colquitt County. Reimbursement of Liberty County.

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(p) To maintain an effective quarantine along the border of the States of Georgia, Florida, and Alabama, to prevent reinfestation of the tick-free area of Georgia with the cattle-fever tick 25,000.00 25,000.00 Quarantine against cattle-fever tick. (q) For the salary of the director of the Bureau of Markets 3,000.00 3,000.00 Bureau of Markets; Director. (r) For the support and maintenance of the Bureau of Markets 100,000.00 100,000.00 Maintenance. Proviso. Provided, that no further sum shall be paid for the support and maintenance of the Bureau of Markets under the authority of the Act of 1921, pages 100-103, inclusive. Provided, that out of said aforementioned sum there shall be expended the sum of $9,683.35 together with interest thereon from this date until so paid, of the first funds available hereunder, to the extinguishment of the outstanding indebtedness as set forth in House Bill No. 290 introduced at this Session. Debt to be paid.

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SECTION 3. DEPARTMENT OF ARCHIVES AND HISTORY. (a) For the support and maintenance of the Department 6,000.00 6,000.00 Archives and History; Maintenance. SECTION 4. ATTORNEY-GENERAL. (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. (c) For the salary of a stenographer to the Attorney-General 1,500.00 1,500.00 Stenographer. SECTION 5. DEPARTMENT OF AUDITS AND ACCOUNTS. (a) For the support and maintenance of the Department 38,000.00 38,000.00 Audits and Accounts; Maintenance. SECTION 6. DEPARTMENT OF COMMERCE AND LABOR. (a) For the salary of the Commissioner of Commerce and Labor 3,600.00 3,600.00 Commerce and Labor; Commissioner's salary.

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(b) For the salary of the assistant Commissioner 2,400.00 2,400.00 Assistant Commissioner. (c) For the salary of a chief clerk and stenographer 1,500.00 1,500.00 Chief Clerk. (d) For the salary of a factory inspector 1,200.00 1,200.00 Factory Inspector. (e) For a maintenance fund for the Department 1,800.00 1,800.00 Maintenance fund. SECTION 7. COMPTROLLER-GENERAL AND INSURANCE DEPARTMENT. (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 per annum; provided that the amount to be paid as fixed by law be 1,800.00 1,800.00 Chief Clerk. Provided that the remainder to be paid from fees collected from foreign corporations. (c) For the salary of an insurance clerk $2,400.00; provided, the amount to be paid as fixed by law be 1,200.00 1,200.00 Insurance Clerk. Provided, the remainder is to be paid from the insurance fees as provided by law 1,200.00 1,200.00

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(d) For the salary of a clerk in the Wild Land Department 1,000.00 1,000.00 Wild Land Clerk. (e) For the salary of a clerk of Public-Service Corporations 2,600.00 2,600.00 Clerk of Public-Service Corporations. (f) For the salary of the Insurance Commissioner 3,000.00 3,000.00 Insurance Commissioner (g) For the salary of a Deputy Insurance Commissioner 3,000.00 3,000.00 Deputy Insurance Comm'r. (h) For the salary of an insurance clerk in the office of the Insurance Commissioner 2,000.00 2,000.00 Insurance Clerk. (i) To defray cost of oil inspection to be expended under the direction of the Comptroller-General as provided by law 51,800.00 51,800.00 Oil Inspection expenses. SECTION 8. DEPARTMENT OF EDUCATION. (a) For the support and maintenance of the common or public schools of the State 6,003,200.00 6,003,200.00 Common schools; maintenance. Provided, that $20,000 of said common-school fund shall be devoted to the holding of teachers' institutes in at least 20 places in the State, under the direction of the State Superintendent of Schools. Provided further that one million ($1,000,000.00) dollars of said fund shall be appropriated and devoted to the creation of an equalization fund to be used as provided by Act approved March 13, 1926. And there shall be applied on said equalization fund, as a credit, the gasoline and kerosene tax allocated by law to such fund, and any sum derived from said tax in addition to, or in excess of, said one million dollars is hereby appropriated, and shall be applied, as an addition to said one million dollars equalization fund. Proviso as to teachers' institutes. Proviso as to equalization fund. Gasoline and kerosene tax, how applied.

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(b) For the use of the State Board of Vocational Education, to meet the requirements of the Act of Congress approved Aug. 23, 1917 125,000.00 150,000.00 Board of Vocational Education. (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 authority of an Act of Legislature approved Aug. 16, 1920 21,353.28 21,353.28

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SECTION 9. GEOLOGICAL DEPARTMENT. (a) For the maintenance of the State Geological Survey 15,000.00 15,000.00 Geological Survey; maintenance. Provided the above appropriation shall be spent under the direction of the State Geological Board, as provided by law. SECTION 10. BOARD OF HEALTH. (a) For the maintenance of the State Board of Health. 110,000.00 110,000.00 Board of Health maintenance. The State Board of Health is authorized to use any part of its maintenance fund to match available Federal funds for health work. (b) For work in connection with venereal diseases 10,000.00 10,000.00 Venereal diseases. (c) For the division of child hygiene, available on receipts of an equal sum of money apportioned to the State by the Federal Government for the protection of the welfare of maternity and infancy 5,000.00 5,000.00 Child hygiene. (d) For the support and maintenance of the State Sanitorium for Tuberculosis Patients; provided, that this appropriation shall be expended under the direction of the State Board of Health 210,000.00 210,000.00 Tuberculosis Sanitorium; maintenance.

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(e) For the maintenance of the Georgia Training School for Mental Defectives, at Gracewood; provided that this appropriation shall be expended under the direction of the State Board of Health 60,000.00 60,000.00 Training School for Mental Defectives; maintenance. SECTION 11. DEPARTMENT OF HORTICULTURE, POMOLOGY, AND BOARD OF ENTOMOLOGY. (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 (Act of 1921-1922) 70,000.00 70,000.00 Horticulture, Pomology, Entomology; maintenance. (c) For maintaining State's property at Indian Springs 3,000.00 3,000.00 Indian Spring property; maintenance. SECTION 12. STATE LIBRARY AND REFERENCE BUREAU. (a) For the salary of the State Librarian 1,800.00 1,800.00 State librarian; salary. Provided, however, that this sum be supplemented by payment through the State Treasury, on warrant of the Governor, of the full sum derived from fees for commissioning notaries public at large, as provided by Acts 1926, page 137. Fees from commissioning notaries.

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(b) For the salary of the assistant to the State Librarian 1,500.00 1,500.00 Assistants to Librarian; salaries. (c) For the salary of an assistant to the State Librarian 1,000.00 1,000.00 (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, etc., under direction of Supreme Court. (e) For the maintenance of the Legislative Reference Bureau, to be expended as provided by law 1,600.00 1,600.00 Legislative Reference Bureau; maintenance. (f) For the purchase of books for the office of the Attorney-General 250.00 250.00 Books for Attorney-General. (g) For printing new volumes of the Supreme Court and Court of Appeals Reports 10,000.00 10,000.00 Printing Supreme Court Reports, etc. (h) For incidental expenses of the State Library 1,850.00 1,850.00 Incidental expenses.

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SECTION 13. STATE LIBRARY COMMISSION. For the support and maintenance of the State Library Commission 10,000.00 10,000.00 Library Commission; maintenance. SECTION 14. MILITARY DEPARTMENT. (a) For the maintenance of the Military Department. 40,000.00 40,000.00 Military Department; 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 salary of Adjutant-General and such other clerical help as is deemed necessary by the Governor, and incidental expenses of said Military Department and for the Quarter-master Department, for the upkeep of the State Arsenal, printing, stationery and freight. Provided further, that of the unexpended balance appropriated for the year 1926 for riot duty there be made available to wipe out the deficit in said Department the sum of $20,000.00, this sum to be available for this purpose immediately upon the passage of this Act. How expended. Unexpended balance for 1926.

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SECTION 15. PENSION COMMISSION. (a) For the salary of the Pension Commissioner 4,000.00 4,000.00 Pension Commissioner; salary. (b) For the hire of clerical help in the office of the Pension Commissioner 3,900.00 3,900.00 Clerical help. (c) For the payment of pensions which shall become due for each year 1928 and 1929 1,300,000.00 1,300,000.00 Pensions for 1928, 1929. Provided that all unclaimed pensions reverting to the treasury be prorated among living pensioners, to be applied on past due pensions. Provided, that the entire sum derived from the Cigar and Cigarette Tax, and $1,000,000.00 or as much as needed thereof, be appropriated for the payment of pensions to Confederate soldiers and their widows in the sum of $50.00 quarterly to each pensioner of record, under existing laws. Provided further, that nothing in this section shall prevent the payment of more than ($200.00) two hundred dollars annually to such disabled pensioners as are entitled to more than two hundred dollars annually under existing laws. Proviso as to unclaimed pensions. Cigar and cigarette tax, how applied. Other provisoes.

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Provided, that additional sums shall be paid Confederate Veterans on the pension roll who are blind or maimed, in accordance with the provisions of Section 1483 of the Penal Code of 1910, as follows: Blind and maimed veterans; additional payments to. For total loss of sight, ninety dollars. For total loss of sight of one eye, thirty dollars. For total loss of hearing, thirty dollars. For loss of all of a foot or loss of leg, forty dollars. For loss of all of a hand or loss of arm, forty dollars. For loss of both hands or both arms, ninety dollars. For loss of both feet or both legs, ninety dollars. For loss of one hand or one foot and one arm or leg by same person, ninety dollars. Said additional sums to be paid for years 1926, 1927, 1928, and 1929. Provided that the total pension to be paid such blind or maimed veteran shall not exceed $290.00 for any one year. Limits of payments. Provided further, that should any fees be due any ordinaries for pension work, said fees shall be paid from the above appropriation. Ordinaries fees.

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(d) For continuing the work of the Roster Commission 4,600.00 4,600.00 Roster Commission. SECTION 16. DEPARTMENT OF PUBLIC PRINTING. (a) For the salary of the Superintendent of Public Printing 3,000.00 3,000.00 Public Printing Superintendent: (b) For the salary of the Assistant Superintendent of Public Printing 1,800.00 1,800.00 Assistant. (c) For the maintenance fund 1,500.00 1,500.00 Maintenance. SECTION 17. PRISON COMMISSION PRISON FARM. (a) For the salaries of the members of the Prison Commission 10,500.00 10,500.00 Prison Commission salaries. Provided that this sum shall be equally divided in three salaries of $3,500.00 each. (b) For the salary of a secretary to the Prison Commission 2,500.00 2,500.00 Secretary. (c) For the maintenance of the State Prison Farm 92,500.00 92,500.00 Prison Farm: maintenance. Provided, seven thousand five hundred ($7,500.00) dollars to be used for constructing a sewerage system of cast-iron pipe. Proviso as to sewerage system.

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(d) For the maintenance fund of the Prison Commission 22,500.00 22,500.00 Maintenance of Commission. SECTION 18. PUBLIC BUILDINGS AND GROUNDS. For the upkeep fund of the public buildings and grounds 50,000.00 50,000.00 Public buildings, etc.; maintenance. Provided, from this fund shall be paid the salary of $2,500.00 due the Keeper of Public Buildings and Grounds, and the expense of ordinary repairs of public buildings, 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 State Government as the Governor may authorize; and all general expenses incident to the proper upkeep of the public buildings and grounds, and to hire such other labor as may be necessary. Salary of Keeper; repairs; fuel; furniture; employees, etc. SECTION 19. DEPARTMENT OF PUBLIC WELFARE. (a) For the support and maintenance of the Department of Public Welfare 30,000.00 30,000.00 Department of Public Welfare; maintenance.

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(b) For the purpose of carrying out the provision of the Act of the General Assembly approved August 19, 1922, known as the child placing Act 5,000.00 5,000.00 Child placing under Act of 1922. SECTION 20. DEPARTMENT OF REVENUE. (a) For the maintenance and operation of the Department of Revenue, in accordance with the Act approved December 14, 1923 48,000.00 48,000.00 Revenue Department; maintenance. Provided, that the Department of Revenue shall cause its collections from stamp taxes to be turned into the State Treasury at least monthly. Proviso. (b) For the maintenance and operation of the Cigar and Cigarette Stamp Branch of Department of Revenue, and enforcement of automobile-tag law, $40,000.00 for each of the years, 1928 and 1929. Cigar and cigarette stamp branch; maintenance. Automobile-tag enforcement. SECTION 21. SECRETARY OF STATE. (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.

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(c) For rebinding, indexing, and restoring books of records of land grants and of plats, of surveys 1,000.00 1,000.00 Rebinding records, indexing, etc. SECTION 22. STATE TAX COMMISSIONER. (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 23. STATE TREASURY, SINKING-FUND, AND PUBLIC DEBT. (a) For the salary of the State Treasurer 4,800.00 4,800.00 Treasurer. (b) For the salary of the Assistant Treasurer 3,600.00 3,600.00 Assistant Treasurer (c) For the salaries of clerical help 6,000.00 6,000.00 Clerical help. (d) For the salary of Bond Commissioner 1,200.00 1,200.00 Bond Commissioner. (e) For the salary of Assistant Commissioner 1,200.00 1,200.00 Assistant. (f) For the salaries of the clerical assistance 10,000.00 10,000.00 Clerical assistance. (g) For the payment of obligations caused by the maturing of State Bonds 100,000.00 100,000.00 Maturing bonds. (h) To pay interest on the recognized valid debt of the State, for the years 1928 and 1929 208,995.00 208,995.00 Interest on State debt.

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(i) For payment of interest on what is known as the Landscript Fund 6,314.14 6,314.14 Interest on Land-script fund. (j) 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 to University. (k) To pay interest on temporary loans 100,000.00 100,000.00 Interest on temporary loans. SECTION 24. VETERANS' SERVICE OFFICE. (a) For the salary of the Director of the Veterans' Service Office 3,600.00 3,600.00 Veterans' Service Office; (b) For maintenance of Bureau as provided by law 6,400.00 6,400.00 Director. Maintenance. SECTION 25. EDUCATIONAL INSTITUTIONS. (a) For the support and maintenance of the University of Georgia 245,000.00 245,000.00 University of Georgia; maintenance. (b) For the support and maintenance of the University of Georgia Summer School 10,000.00 10,000.00 Summer School; maintenance. (c) For the support and maintenance of the Georgia School of Technology 277,500.00 277,500.00 School of Technology; maintenance. (d) For maintaining a course in ceramics at the Georgia School of Technology 10,000.00 10,000.00 Course in ceramics; maintenance.

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(e) For the support and maintenance of the State College of Agriculture 165,200.00 165,200.00 College of Agriculture; maintenance. (f) For the State College of Agriculture 185,000.00 185,000.00 To meet requirements of Smith-Lever bill. 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, 1927 and 1928. (g) For the State College of Agriculture 61,000.00 61,000.00 For extension work with U. S. Department of Agriculture. Provided, that the above appropriation shall be used for extension work in co-operation with the U. S. Department of Agriculture. (h) For the State College of Agriculture 2,250.00 2,250.00 For field meetings and farmers' institutes. Provided, that the above appropriat on shall be used for field meetings and farmers institutes. (i) For the support and maintenance of the Bowdon State Normal and Industrial College 27,000.00 27,000.00 Bowdon Normal and Industrial College. (j) For the Georgia Normal School, Statesboro 60,000.00 60,000.00 Normal School. Statesboro. Provided, that from said sum the Summer School of said college shall be operated. Summer School.

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(j-1) For South Georgia A. M. College at Tifton 60,000.00 60,000.00 South Ga. A. M. College. Provided, that for each of the years 1928 and 1929 the summer school shall be operated from the above appropriation. Summer School. (j-2) For State Agricultural and Normal College at Americus 40,000.00 40,000.00 Agricultural and Normal College, Americus. (j-3) For Fourth District A. M. School at Carrollton 15,000.00 15,000.00 Fourth Dist. A. M. School. (j-4) For Fifth District A. M. School at Monroe 30,000.00 30,000.00 Fifth Dist. A. M. School. (j-5) For Sixth District A. M. School at Barnesville 30,000.00 30,000.00 Sixth Dist. A. M. School. (j-6) For Seventh District A. M. School at Powder Springs 25,000.00 25,000.00 Seventh Dist. A. M. School. (j-7) For Eighth District A. M. School at Madison 25,000.00 25,000.00 Eighth Dist. A. M. School. (j-8) For Ninth District A. M. School at Clarkesville 30,000.00 30,000.00 Ninth Dist. A. M. School. (j-9) For Tenth District A. M. School at Granite Hill 30,000.00 30,000.00 Tenth Dist. A. M. School. (j-10) For So. Ga. Jr. State College at Douglas 25,000.00 40,000.00 South Ga. Jr. State College. (j-11) For Twelfth District A. M. College at Cochran 30,000.00 30,000.00 Twelfth Dist. A. M. School. Provided, that only so much of said appropriations for the A. M. Schools be used as may be actually needed for maintenance. Proviso.

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(k) For the support and maintenance of the North Georgia Agricultural College at Dahlonega 40,000.00 40,000.00 North Ga. Agr. College. (l) For the support and maintenance of the State Medical College at Augusta 80,000.00 80,000.00 Medical College Augusta. (m) For the State Medical College, for teching hygiene and public health 20,000.00 20,000.00 (n) For the support and maintenance of the Georgia State Teachers' College at Athens 125,000.00 125,000.00 Teachers' College, Athens. (o) For the support and maintenance of the State College for Women at Milledgeville, including a summer term 185,000.00 185,000.00 College for Women, Mliledgeville. (p) For carrying on extension work at State College for Women, Milledgeville 12,500.00 12,500.00 Extension work at College for Women. (q) For the support and maintenance of the State Woman's College at Valdosta 80,000.00 90,000.00 Woman's College, Valdosta. (r) For the support and maintenance of the Georgia Industrial and Normal School for Colored at Savannah 32,666.66 32,666.66 Colored Industrial and Normal School, Savannah.

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And an additional amount for support and maintenance of twenty-five thousand ($25,000.00) for the year 1928, and twenty-five thousand ($25,000.00) dollars for the year 1929; provided these additional amounts for maintenance shall not be available unless the Georgia State Industrial College of Savannah secures, to the satisfaction of the Governor, donations of not less than fifty thousand ($50,000) dollars for buildings to be erected on the property of the State during 1928. Additional amounts on condition. (s) For the support and maintenance of the Georgia Industrial and Normal College for Colored at Abany 25,000.00 25,000.00 Colored Industrial and Normal College, Albany. (t) For the maintenance of a summer school for colored teachers at Georgia Industrial and Normal College at Albany 3,000.00 3,000.00 Summer School. (u) For the support and maintenance of the School of Agriculture and Mechanical Arts, for training Negroes, at Forsyth, Georgia, the sum of $12,500.00 for each of said years 1928 and 1929, to be applied as follows: For the maintenance of said school $10,000.00, and for the purpose of conducting a summer school for teachers at said institution each of said years, $2,500.00. Colored A. M. School. Forsyth. Summer School.

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Provided, that the appropriations in this section are to be made to the University Trustees, and requisitions shall be made through that board; provided also that educational institutions named in this section are hereby authorized to charge reasonable fees for tuition should same be necessary for the support of such institutions. Proviso. SECTION 26. EDUCATIONAL AND ELEEMOSYNARY INSTITUTIONS. (a) For the support and maintenance of the Academy of the Blind at Macon 45,000.00 45,000.00 Academy for Blind. (b) For the support and maintenance of the School for the Deaf at Cave Spring 90,000.00 93,000.00 School for Deaf. SECTION 27. EDUCATIONAL AND CORRECTIVE INSTITUTIONS. (a) For the support and maintenance of the Training School for Girls at Atlanta 50,000.00 50,000.00 Training School for Girls.

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(b) For the support and maintenance of the Training School for Boys at Milledgeville 41,000.00 49,000.00 Training School for Boys. SECTION 28. ELEEMOSYNARY INSTITUTIONS. (a) For the support and maintenance of the State Sanitarium at Milledgeville 1,200,000.00 1,200,000.00 State Sanitarium, Milledgeville: maintenance. 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. 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. Salary of physician, etc. Proviso as to patients who can pay. (b) For the support and maintenance of the Confederate Soldiers' Home at Atlanta 45,000.00 45,000.00 Soldiers' Home; maintenance. (c) For a special weekly allowance for inmates of the Soldiers' Home, and for an extra nurse to be supplied 5,000.00 5,000.00 Weekly allowance to inmates. Extra nurse.

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SECTION 29. EXPERIMENTAL STATIONS. (a) For the payment of the actual expenses of the directors, maintenance, and repairs of the Georgia Experiment Station at Griffin 50,000.00 50,000.00 Experiment Station Griffin; maintenance. Provided that $35,000.00 of this amount shall be used for the erection of an office building. Proviso as to office building. (b) For the maintenance of the Coastal Plain Experiment Station at Tifton 41,500.00 41,500.00 Coastal Plain Experiment Station. (c) To the Coastal Plains Experiment Station for the year 1928 the sum of $10,000.00 and the year 1929 the sum of $10,000.00, which shall be used in experimental and research work on the reclaimed rice fields and lowlands in the coastal counties of Georgia; provided that the land upon which such work is carried on shall be leased to the State for such purposes free of charge to the State or Experiment Station, such experiments to be on truck growing and pests that attack same.

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SECTION 30. DEPARTMENTS, COMMISSION, AND BOARDS SUPPORTED BY SPECIAL FUNDS AS PRESCRIBED BY LAW. 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 1928 and 1929 respectively by special funds prescribed by law as follows: The annual maintenance of all departments, commissions, bureaus, branches, and agencies, of the government of this State, whose expenses under existing laws are limited only by the amount of licenses, fees, commissions, and penalties collected, is hereby fixed for each year at the sum not exceeding seventy-five per cent of the amount of such licenses, fees, commissions and penalties collected by each said department, commission, bureau, branch, and agency, unless specially provided for otherwise by laws governing the payment of money into State Treasury. And these departments, commissions, bureaus, branches, and agencies of Government in this State shall be under the jurisdiction of all existing laws governing appropriations. Provided, however, that the above limitation shall not apply to the State Banking Department. Departments supported by fees, etc.; maintenance limited to 75 per cent of fees, etc., collected. Banking Department excepted. 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, persons firms, partnerships, and corporations now under or which may hereafter be placed under supervision of State Banking Department. Banking Department.

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Industrial Commission. To be maintained by collection of a tax levied upon the gross earnings of insurance companies writing workmen's compensation insurance, and upon employees who are permitted by the Industrial Commission to pay compensation direct. Industrial Commission how maintained. 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 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 fom 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 of Nurses.

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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 Architects. State Real-Estate Board. To be supported by fees collected from license. Real-Estate Board. The Forestry Department to be supported by the privilege taxes on forest industries, as provided under the Forestry Act of 1925. Forestry Department. State Board of Bar Examiners. To be supported by fees collected from applicants for examination. Bar Examiners. State Board of Pharmacy. To be supported by fees collected from applicants for examination. Pharmacy Board. State Board of Veterinary Examiners. To be supported by fees collected from applicants for examination. Veterinary Examiners. Naval Stores. To be supported by fees collected for inspection of naval stores. Naval Stores. Board of Examiners of Stationary Engineers and Firemen. To be supported by fees collected from applicants for examination. Examiners of Engineers, etc. Corporation Commission. To be maintained out of the fees collected from the registration of corporations, under an Act of the General Assembly approved August 16, 1906, but such fees to be paid first into the treasury, and the expenses to be paid by warrant by the Governor, as follows: Corporation Commission. Fees to be paid to treasury. Salary of Corporation Commissioner $1,200.00 Salary of Commissioner Clerk. Salary of Clerk $1,000.00 Printing, postage, and incidental expenses, not to exceed $1,000.00 Expenses.

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For the year For the year 1928 1929 For clerical expenses in collecting insurance agents tax 4,500.00 4,500.00 Clerical expenses. For the salary of corporation Tax Clerk in Comptroller-General's office 2,500.00 2,500.00 Corporation Tax Clerk. DIVISION B. JUDICIAL DEPARTMENT. SECTION 1. THE SUPREME COURT. (a) For the salaries of the Justices of the Supreme Court 42,000.00 42,000.00 Supreme Court Justices; salaries. (Provided that the above sum shall be apportioned in six equal salaries of $7,000.00 each.) (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 salaries of $2,000.00 each.) (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.) (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. Clerk and Deputy Clerk.

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(f) For a contingent fund of the Supreme Court 3,000.00 3,000.00 Contingent fund. (g) All fees due to Clerk of Supreme Court in pauper cases, upon proper showing to the Governor 3,000.00 3,000.00 Fees in pauper cases. SECTION 2. COURT OF APPEALS. (a) For the salaries of the Judges of the Court of Appeals 42,000.00 42,000.00 Court of Appeals Judges; salaries. (Provided that the above sum shall be apportioned in six equal salaries of $7,000.00 each.) (b) For the salaries of the Court of Appeals 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.) (c) For the salaries of the Court of Appeals stenographers 18,000.00 18,000.00 Stenographers. Provided that the above sum shall be apportioned in six equal salaries of $3,000.00 each. (d) For the salary of the sheriff of the Court of Appeals 2,400.00 2,400.00 Sheriff.

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(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 of Court of Appeals. (f) All fees due the Clerk of the Court of Appeals in pauper criminal cases upon proper showing to the Governor 3,000.00 3,000.00 Fees in pauper cases. (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. (a) For the salaries of the Judges of the Superior Court 190,000.00 190,00.00 Superior Court Judges; salaries. (Provided that the above sum shall be apportioned in thirty-eight equal salaries of $5,000.00 each.) (b) For salaries of the Solicitors-General 8,250.00 8,250.00 Solicitors-General; salaries. (Provided that the above sum shall be apportioned in thirty-three equal salaries of $250.00 each.)

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(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 bills 10,000.00 10,000.00 Appellate court fees of solicitors. DIVISION C. LEGISLATIVE DEPARTMENT. SECTION 1. SENATE. (a) For the compensation of the President of the Senate, per diem $ 10.00 Senate; President's per diem. (b) For the compensation of the members of the Senate, per diem 7.00 Senators: per diem. (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.) Mileage. (c) For the compensation of the Secretary of the Senate, per diem 60.00 Secretary of Senate; per diem; includes all clerical expenses. (Provided, that from the above appropriation shall be paid all the clerical expenses of the Senate.) (d) For the compensation of the Messenger of the Senate, per diem 7.00 Messenger: per diem.

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(e) For the compensation of the Doorkeeper of the Senate, per diem 7.00 Doorkeeper of Senate. (Provided that the Doorkeeper and Messenger shall receive the same mileage as members of the Senate. Mileage of Doorkeeper and Messenger. SECTION 2. HOUSE OF REPRESENTATIVES. (a) For the compensation of the Speaker of the House of Representatives, per diem 10.00 House of representatives; Speaker's per diem. (b) For the compensation of members of the House of Representatives, per diem 7.00 Members; per diem; mileage. (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.) (c) For the Compensation of the Clerk of the House of Representatives, per diem 70.00 Clerk of House; per diem; includes all clerical expenses. (Provided, that from the above sum shall be paid all the clerical expenses of the House of Representatives.) (d) For the compensation of the Messenger of the House of Representatives, per diem 7.00 Messenger.

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(e) For the compensation of the Doorkeeper of the House of Representatives, per diem 7.00 Doorkeeper. (Provided that the Messenger and Doorkeeper shall receive the same mileage as the members of the House of Representatives.) Mileage of Doorkeeper and Messenger. SECTION 3. LEGISLATIVE EXPENSES. (a) For the incidental expenses of the House of Representatives for the session 1929 150.00 Incidental expenses of House for 1929. (b) For the incidental expenses of the Senate for the session 1929 150.00 Incidental expenses of Senate for 1929. (c) For indexing journals of the House of Representatives 150.00 Indexing Journals. (d) For indexing Journals of the Senate 150.00 (e) For the expenses of the legislative committees 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 2,500.00 Expense of inspecting State institutions and property.

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(f) For printing, stationery, incidental supplies, furniture repairs and replacements for the General Assembly for the session 1929, to be immediately available, to be paid on approval of the Secretary of State, or so much thereof as may be necessary 4,000.00 Supplies repairs, etc., for General Assembly, 1929. (g) For compensation of Doorkeeper, Assistant Messenger and other attaches of the House and of the Senate, not otherwise provided for, such sums as may be authorized by resolution of either branch of the General Assembly, for the session 1929, to be immediately available. Compensation of legislative employees not otherwise provided for. (h) For printing stationery, incidental supplies, furniture repairs and replacements for the General Assembly for the session of 1927, to be immediately available, to replace said fund exhausted by extraordinary session, or so much thereof as may be necessary 2,000.00 Supplies, repairs, etc., for General Assembly, 1927.

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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 held full payment. No extra Compensation. Necessary extra service: how paid for. Audit. 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 include what. Incidental expenses. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 25, 1927.

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NORTH GEORGIA AGRICULTURAL COLLEGE; WATERWORKS, SEWERAGE, REPAIRS. No. 353. An Act to appropriate to the Trustees of the University of Georgia, for the use and benefit of the North Georgia Agricultural College at Dahlonega, the sum of eleven thousand dollars ($11,000.00) for waterworks and sewerage system, for repairs on 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 the authority of the same, that the sum of eleven thousand dollars ($11,000.00) be and the same is hereby appropriated to the trustees of the University of Georgia, for the use and benefit of the North Georgia Agricultural College located at Dahlonega, to be used for the following purposes, to-wit: For waterworks and sewerage system and to make necessary repairs on college and dormitory buildings, $11,000.00. Said total sum of eleven thousand dollars to be paid to the Trustees of the University of Georgia, to be by them used for the purposes herein specified, out of any funds in the treasury of the State. $11,000 for waterworks, sewerage, repairs. 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 23, 1927. REWARD FUND DEFICIENCY. No. 385. An Act to appropriate the sum of three thousand, five hundred ($3,500.00) dollars to cover deficiency in the Reward Fund, to pay outstanding rewards now due, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the sum of three thousand, five hundred ($3,500.00) dollars, or so much thereof as may be necessary, is hereby appropriated as a part of the Reward Fund for the purpose of paying rewards now due and outstanding. $3,500 for reward fund. Sec. 2. Be it further enacted by the authority aforesaid, that the Governor of this State is hereby authorized to issue his executive warrant for the said amount, or as much thereof as may be necessary, for the purpose of paying such rewards, said warrants to be drawn on what is known as the Reward Fund. How paid. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 25, 1927. SANITARIUM BUILDINGS AND WATERWORKS. No. 381. An Act to appropriate the sum of five hundred and eighty thousand dollars ($580,000.00) for the erection and equipment of additional buildings for insane patients on the grounds of the Georgia State Sanitarium near Milledgeville, in Baldwin County, Georgia, and for additions to the waterworks including duplicate main and standpipe, and for other purposes. Section 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 five hundred thousand dollars ($500,000.00), or so much thereof as may be necessary, is hereby appropriated for the erection and equipment of additional buildings for insane patients at the Georgia State Sanitarium near Milledgeville in Baldwin County, Georgia; two hundred and fifty thousand dollars ($250,000.00) of said amount shall be available immediately,

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and two hundred and fifty thousand dollars ($250,000.00) shall be available in the year 1928. $500,000 for buildings for insane: when available. Sec. 2. Be it further enacted by said authority, that the sum of eighty thousand dollars ($80,000.00), or so much thereof as may be necessary, is hereby appropriated for waterworks, including duplicate main and stand-pipe on the grounds of the Georgia State Sanitarium near Milledgeville in Baldwin County, Georgia, said eighty thousand dollars ($80,000.00) to be available in the year 1928. $80,000 for waterworks in 1928. Sec. 3. Be it further enacted by said authority, that said buildings, waterworks, and improvements herein provided for shall be erected under the supervision of the Board of Trustees of the Georgia State Sanitarium; and said funds hereby appropriated shall be paid out of the State Treasury upon warrants drawn by the Governor, and payable to the Treasurer of the Georgia State Sanitarium. Board of Trustees to Superior work. How paid. Sec. 4. Be it further enacted by said authority, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 25, 1927. SCHOOL FOR THE DEAF; LINOTYPE. No. 366. An Act to appropriate the sum of three thousand, two hundred and ninety-five ($3,295.00) dollars to the Georgia School for' the Deaf, at Cave Spring, Floyd County, Georgia, for the purpose of purchasing linotype for print-shop, 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 three thousand, two hundred and ninety-five ($3,295.00) dollars be and the same is hereby

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appropriated, to be used by the Trustees of the Georgia School for the Deaf in purchasing linotype for print-shop. $3,295 for linotype. 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. How paid. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 23, 1927. SCHOOL OF TECHNOLOGY; MACHINERY. No. 354. To be entitled an Act appropriating the sum of $7,751.05 reduced appraisal value of machinery placed at the Georgia School of Technology by the authorities of the United States for the training of rehabilitation of students. Whereas the United States Government, through the Board of Appraisal regularly appointed, has fixed the sum of $7,751.05 as the valuation of the equipment placed in this institution to aid in the rehabilitation training of wounded soldiers; and whereas, it would cost the State of Georgia $50,000.00 to replace this equipment, and it is now used daily by the regular students of the school; and whereas, through the intercession of State senators and congressmen, time of payment has been delayed by the Federal authorities until August 1, 1927: $7,751.05 to U. S. Government for machinery. Be it therefore resolved by the General Assembly of the State of Georgia, that the sum of $7,751.05 is hereby appropriated out of the funds in the treasury to pay this amount to the United States Government for this reduced appraisal value of this equipment for the use of the school and the State. Approved August 23, 1927.

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UNIVERSITY OF GEORGIA; DEBT OF NORMAL SCHOOL AT STATESBORO. No. 384. An Act to appropriate the sum of fifty thousand dollars ($50,000.00) to the Trustees of the University of Georgia for the Georgia Normal School at Statesboro, to pay the principal and interest of an indebtedness of said school authorized by Resolution of the General Assembly of Georgia approved April 13th, 1926, and found in the Acts of 1926 at page 231, 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 fifty thousand dollars ($50,000.00) be and the same is hereby appropriated to the Trustees of the University of Georgia for the Georgia Normal School at Statesboro, to be used for the payment of the indebtedness of said school incurred and now existing and authorized by Resolution of the General Assembly of Georgia approved April 13th, 1926, and found in the Acts of 1926 at page 231; the said sum so appropriated to be expended in the payment of both principal and interest of said indebtedness. $50,000 to pay debt of Normal School. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 25, 1927. UNIVERSITY OF GEORGIA; DEFICIENCY. No. 380. An Act to make a deficiency appropriation of $35,000.00 to the Trustess of the University of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it hereby is enacted by authority of the same,

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that there is hereby appropriated, out of the general funds of the State of Georgia, to the Trustees of the University of Georgia, the sum of $35,000.00, to cover the deficiency of $10,000.00 arising from the operation of the University for its scholastic year 1925-1926, and the deficiency of $15,000.00 for its scholastic year 1926-1927, and the deficiency of $10,000.00 caused by the loss of this sum through the failure of the Georgia National Bank. $35,000 for deficiency. Sec. 1A. The Attorney-General of the State is hereby instructed to investigate and ascertain if any person entrusted with this money failed to observe the provisions of law with reference to its deposit and care, and, if there was such failure, to bring suit against the person responsible therefor, the recovery to be paid into the State Treasury. Attorney-General to investigate as to deposit in insolvent bank. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved August 25, 1927. UNIVERSITY OF GEORGIA; DEFICIENCY OF STATE WOMAN'S COLLEGE. No. 383. An Act to appropriate $79,707.58 to the Trustees of the University of Georgia to pay a deficiency of the Georgia State Woman's College at Valdosta. Whereas the Georgia State Woman's College at Valdosta has in the last seven years passed from a high school-junior college grade of institution into a full four years woman's college granting the bachelor's degree; and whereas in making this transformation it has accumulated a heavy debt in completing a building, providing necessary equipment, and in other unavoidable expenses; and whereas this debt, which is shown by the State Auditor's report to have been on May 31st, 1927, $79,707.58, is now seriously interfering with the usefulness and efficiency of the college:

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Therefore be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the sum of $79,707.58 be and hereby is appropriated to the Board of Trustees of the University of Georgia for the purpose of paying the above-mentioned indebtedness of the Georgia State Woman's College at Valdosta; the said appropriation to be available immediately upon the passage of this Act. $79,707.58 for deficiency. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and hereby are repealed. Approved August 25, 1927. UNIVERSITY OF GEORGIA; EMERGENCY FUND FOR COLLEGE OF AGRICULTURE. No. 382. An Act to amend an emergency maintenance appropriation to the Trustees of the University of Georgia, for the use of the Trustees of the Georgia State College of Agriculture, and for the purpose of replacing funds lost through the closing of the Georgia National Bank, 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: Fifty-five thousand ($55,000.00) dollars, which shall be used for the replacement of funds of the Georgia State College of Agriculture, deposited in the Georgia National Bank and lost through the closing of this bank. The foregoing appropriation shall be paid out of any moneys in the treasury not otherwise heretofore appropriated. $5,500 to replace funds lost through bank failure.

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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 25, 1927. UNIVERSITY OF GEORGIA MEDICAL DEPARTMENT; SUPPLEMENTAL MAINTENANCE FUND. NO. 379. An Act to appropriate a supplemental maintenance fund of twenty thousand ($20,000.00) dollars to the Trustees of the University of Georgia for the use of the Medical Department of the University of Georgia at Augusta, Georgia, for the year of 1927, for the purpose of meeting the emergency in maintenance funds caused by the withdrawal, at the end of the year of 1926, of twenty thousand ($20,000.00) dollars heretofore donated annually for five (5) years by the Carnegie Corporation and the General Educational Board; and for other purposes. Whereas for the years 1922, 1923, 1924, 1925, and 1926, the Carnegie Corporation and the General Educational Board donated ten thousand ($10,000.00) dollars each to the Medical Department of the University of Georgia as the maintenance fund, on condition that such sums be met by State appropriations or otherwise; and whereas, the City of Augusta and alumni and friends of said Medical Department met such funds for two and one half years, and the General Assembly of Georgia met the conditions for such donations by said appropriations for the remaining two and one half years; and whereas, the said combined sum of twenty thousand ($20,000.00) dollars was withdrawn and discontinued by the Carnegie Corporation and the general Educational Board at the end of the year of 1926; and whereas, unless the General Assembly makes an appropriation of twenty thousand ($20,000.00) dollars as a supplementary maintenance fund, the Medical Department

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will be seriously handicapped and will be in danger of losing its recognition of a class A Medical College; therefore: Preamble. 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 $20,000.00 be and the same is hereby appropriated to the trustees of the University of Georgia for the use of the Medical Department of the University of Georgia, at Augusta, Georgia, as a supplementary maintenance fund for the year of 1927, for the purpose of meeting the emergency in maintenance fund caused by the withdrawal or discontinuance, at the end of the year of 1926, of $20,000.00 heretofore donated annually by the Carnegie Corporation and the General Education Board. $20,000 for supplementary maintenance fund. Sec. 2. Be it further enacted by the authority aforesaid, that neither the said withdrawal or discontinuance by said Carnegie Corporation and General Educational Board nor the appropriation hereby made shall in any way affect the provisions in the General Appropriation Act of 1925 in meeting the conditions of said donations, but said provisions shall continue in full force and effect. Sec. 3. Be it further enacted by the authority aforesaid, that the above appropriations shall be available immediately upon the passage of this bill, and shall be paid from the State Treasury upon warrants issued by the Governor. How paid. 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 25, 1927.

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TITLE II. TAXATION. ACTS. General Tax Act. Estates of Non-Resident Decedents. Inheritance-Tax Act Amended. Motor-Fuel Distributors. GENERAL TAX ACT. No. 398. An Act to annually, in addition to the ad valorem on real and personal property as now required by law, levy and collect a tax for the support of the State government and public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law; to pay the public debt when due; to prescribe what persons, corporations, professions, business, and property are liable to taxation; to prescribe the method of collecting and of receiving certain of said taxes; to prescribe questions to be propounded to taxpayers, and to provide penalties for violations thereof; and to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the terms and provisions of this Act shall not take effect and become operative until January 1, 1928, and shall continue thereafter. Effective Jan. 1, 1928.

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Section 2. Be it further enacted by the authority aforesaid, that in addition to the ad valorem tax on real estate and personal property, as required by the Constitution and now provided for by law, the following specific and occupation taxes shall be levied and collected each year after the passage of this Act, beginning in 1928. In all cases in this Act where population controls the amounts of tax or license fee to be paid, the last census report of the Federal government shall govern. Specific and occupation taxes. Federal census applied. Paragraph 1. Upon each and every inhabitant of the State between the ages of twenty-one and sixty years, on the day fixed for the return of property for taxation a poll tax of ($1.00) one dollar, which shall be for educational purposes in instructing children in the elementary branches of an English education only. Provided, this shall not be demanded of blind persons, nor crippled, maimed, or disabled Confederate veterans relieved of such taxes under and by authority of section 766, volume 1, of the Code of 1895, nor shall this tax be required or demanded of female inhabitants of the State who do not register for voting. Poll tax. Exemption of blind persons, disabled Confederate veterans, non-voting females. Paragraph 2. That the Governor, by and with the assistance of the Comptroller-General, is authorized and empowered annually to levy and assess a tax on the ad valorem value of the taxable property of this State, such rate as may be sufficient to raise a net amount of $100, 000.00 as a sinking-fund to pay off and retire the valid outstanding bonds of the State as they fall due, as required by article 7, section 14, paragraph 1, of the Constitution. The tax above authorized shall be specially levied and collected, and separate accounts of the same shall be kept by the Treasurer, and the money arising therefrom shall be applied to paying off the valid bonds of the State as they mature. The said amount so received each year shall be applied to paying off and retiring the valid bonds of the State, maturing in their order continuously. All bonds retired under the provisions of this Act

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shall be cancelled and stamped with the words sinking-funds, by the Treasurer, and filed in his office. In addition to the foregoing levy, the Governor, by and with the assistance of the Comptroller-General, shall also levy and assess such additional rate of tax on the taxable property of this State as may be necessary to meet the appropriations of the General Assembly of Georgia for each succeeding year. The aggregate ad valorem tax levy in any one year not to exceed the tax-rate limit fixed by the Constituion of this State. Ad valorem tax for sinking fund to retire bonds. Additional ad valorem tax to meet appropriations. Limit. Paragraph 3. Professions. Upon each and every practitioner of law, medicine, osteopathy, chiropractic, chiropodist, dentistry, and upon each and every veterinary surgeon, optician, optometrist, masseur, public accountant, or embalmer, and upon every civil mechanical, hydraulic, or electrical engineer, or architect, charging for their services as such, $15.00, and the validity of their licenses is made contingent upon the payment of the tax herein provided. And no municipal corporation or county authority shall levy or collect an additional tax on the professions, businesses, or occupations enumerated above, which shall be returned to the tax-receiver of the county of his residence by any person engaged therein on the first day of January, and entered by the receiver on the digest of the county. Professional tax. Paragraph 4. Officials. Upon the president of each express, telegraph, telephone, railroad, street-railroad, steamboat or navigation company, electric light, gas company, water company, sleeping-car company, place-car company, building and loan association, and investment and loan company, doing business in this State, $25.00. Provided, said tax shall not apply to local building and loan associations fostered as a civic undertaking and not conducted for financial gain or profit. In case the president of any of the companies enumerated in the preceding paragraph does not reside in this State, then in each case the general agent, superintendent, or other person or

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official in charge of the busines of such companies, residing in this State, shall be required to pay the tax of $25.00 hereby imposed; and no municipal corporation, or county authorities shall levy or collect an additional tax on the officials enumerated above, either as a license, tax, or fee. The president or other officials herein named, of the companies enumerated above are required to make a return as such to the tax-receiver of the county of his residence as of January 1st, which return shall be entered on the digest by said receiver. Presidents, etc., of corporations. Proviso as to local building and loan associations. Paragraph 5. Advertising. Upon each person, firm, or corporation conducting business of an advertising agency using other means than billboards, $50.00; upon each person, firm, or corporation conducting the business of advertising by signs painted, pasted, or printed on billboards or other places where space is leased, rented, or sold, in each county where located, one dollar ($1.00) for each location, and a location is defined to be 75 lineal feet or fractional part thereof; and provided further, that before painting or posting such locations or fractional part thereof, it shall be the duty of the person or persons so advertising to register with the ordinary and tax-collector of said county as required by law, and in case of any increase of advertising said ordinary shall in each instance be notified as to the number of locations. Advertising business. Bill boards. Paragraph 6. Agencies, Collecting, Commercial, and Mercantile. Upon each person, firm, or corporation engaged in business as a collecting, commercial, mercantile, or any other agency of like character, $200.00 in every county in the State where they have an office or branch office. Collecting, commercial, and mercantile agencies. Paragraph 7. Agencies, Detective. Upon each person, firm, or corporation operating a detective agency or doing detective work for hire or compensation, for each office established in this State, in or near cities or towns of 25,000 or more inhabitants, $200.00; in or near cities or towns

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from 10,000 to 25,000 inhabitants, $50.00; and in or near cities or towns of less than 10,000 inhabitants, $25.00 Detective agencies. Paragraph 8. Amusement Parks. Upon each person, firm, or corporation running, leasing, or operating an amusement park, other than baseball, football, or bicycle parks, hereinafter mentioned, where two or more amusement devices, resorts, or attractions are operated, and an admission fee is charged for any one or more of the exhibits, resorts, or attractions, $250.00. Provided, this paragraph shall not be construed to exempt or relieve any individual device, resort, amusement, or attraction located in said park from paying any specific or license tax herein imposed. Amusement parks. Paragraph 9. Athletic Clubs. Upon every athletic club, and upon every association or person giving boxing or sparring or wrestling exhibitions where an admission of 50 cents to $1.00 is charged, $50.00 for each exhibition; where admission charged is $1.00 to $1.50, $100.00; and where the admission charged is $1.50 and over, $200.00 for each exhibition. Athletic clubs, etc. Paragraph 10. Auctioneers. Upon each and every auctioneer selling by auction in this State jewelry, junk, furniture and household goods, live stock, farm implements and produce, and real estate, $100.00 in each county in which he conducts said business. Provided that this section shall not apply to sheriffs and the parties acting as auctioneers for executors, administrators, guardians, and commissioners conducting sales by virtue of the order of any court of this State. Provided that the foregoing provision shall not apply to auctioneers of tobacco or other farm products, nor to attorneys at law conducting sales under power of sale, or other legal sale for their clients. Auctioneers. Exceptions. Paragraph 11. Automobiles or Trucks. Upon every agent of, upon every dealer in, and upon every person soliciting orders for retail sale of automobiles or trucks,

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not including wholesale dealers or distributors soliciting of canvassing for local dealers, the sum set out below, viz. In each county with a population of less than 20,000, $25.00; in each county with a population of between 20,000 and 30,000, $55.00; in each county with a population of between 30,000 and 50,000, $85.00; in each county with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population between 100,000 and 150,000, $220.00; in each county with a population exceeding 150,000, $275.00. Provided, however, that nothing in this Act shall conflict with the provisions fixing a license upon exclusive dealers in used cars. Such dealer, agent, or solicitor selling or offering for sale automobiles or trucks at retail shall be required to pay one license fee only in each county, so as to provide that all persons soliciting orders, or selling automobiles or trucks at retail, shall pay a license to become a dealer or agent, and such license shall entitle such dealer to sell any makes of new or second-hand automobiles or trucks; and shall entitle said dealers to operate, in connection with said business, a service-station in said county in which said license is paid; any dealer having paid such tax to be allowed any number of employees for the purpose of selling cars within the county wherein such tax has been paid. The service-station under this paragraph includes work done only on the makes of cars sold by the dealer under this tax. Automobile and truck dealers. Paragraph 12. Used Cars. Upon every person, firm, or corporation dealing exclusively in used automobiles or trucks, or second-hand automobiles or trucks, the following sums, viz: In each county with a population of less than 20,000, $25.00; in each county with a population of over 20,000 and not over 50,000, $50.00; in each county with a population exceeding 50,000, $100.00. Dealers in used cars. Paragraph 13. Automobile Tires or Accessories (Wholesale). Upon every wholesale dealer in automobile tires or automobile or automobile accessories or any kind whatsoever, the sum of 100.00 for each place of business. Wholesale dealers in automobile tires or accessories.

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Paragraph 14. Automobile Tires or Accessories (Retail). Upon every retail dealer in automobile tires or automobile accessories of any kind whatsoever, the sum of $10.00 for each place of business. Retail dealers in tires. etc. Paragraph 15. Automobile Assembling-Plants. Upon every agent or representative of any foreign or non-resident corporation, said agent or representative having an office in this State, operating an automobile assembling-plant, $300.00 in each county. Automobile assembling plants. Paragraph 16. Automobile Truck Assembling-Plants. Upon each person, firm, or corporation operating an automobile truck assembling-plant, $300.00 in each county. Automobile-truck assembling plants. Paragraph 17. Automobile Garages. Upon each person, firm, or corporation carrying on the business of operating garages, either for storage or repairing automobiles, in cities of more than 35,000 inhabitants $75.00; in cities between 20,000 and 35,000 inhabitants, $50.00; in cities between 10,000 and 20,000 inhabitants, $25.00; in cities and towns of 1,000 to 10,000 inhabitants, $15.00; in cities and towns of less than 1,000 inhabitants, $5.00; and persons operating such garages within one mile of the limits of all incorporated cities, $5.00. Garages. Paragraph 18. Automobile Parking-Places. Upon each person, firm, or corporation operating what is commonly known as automobile parking-places, said parking-places being located on vacant lots, in cities or towns with a population of 50,000 or more inhabitants, $50.00; cities or towns of 25,000, to 50,000, $25.00; in cities or towns with a population of less than 25,000 inhabitants, $15.00, for each location where cars are parked for hire. Parking places. Paragraph 19. Awning and Tent Makers. Upon all awning and tent makers, $15.00 in each county. Awning and tent makers. Paragraph 20. Bagatelle, Billiard, Jenny Lind, Pool or Tivoli Tables. Upon each person, firm, or corporation

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operating for public use and charging for the use thereof, any billiard, bagatelle, jenny lind, pool or tivoli tables, for each table, a tax according to the following scales: In cities of 100,000 inhabitants or more, $100.00; in cities of 50,000 to 100,000 inhabitants, $75.00; in cities of 25,000 to 50,000 inhabitants, $50.00; in cities of 10,000 to 25,000 inhabitants, $30.00; in cities or towns of less than 10,000 inhabitants, $20.00. Tables for games. Paragraph 21. Ball and other Parks. Upon each person, firm, or corporation owning, leasing, or operating any park or place where baseball, football, or other similar game is played, or where automobile motorcycle, horse, or bycycle races or contests are held, and where admission fees are charged, in cities of more than 50,000 inhabitants, or within five miles thereof, $200.00; in cities with 20,000 to 50,000 inhabitants, or within five miles thereof, $100.00; in cities with 10,000 to 20,000 inhabitants, or within five miles thereof, $50.00; in cities or towns of less than 10,000 inhabitants, or within five miles thereof, $20.00. Provided that this tax shall apply only to those parks and places wherein professional games are played or professional contests are held. Ball and racing parks. Paragraph 22. Barber-shops. Upon every barber-shop the sum of $5.00 for each chair in use, except that in cities or towns of less than 5,000 inhabitants the amount shall be $2.50 for each chair in use. Barber-shops. Paragraph 23. Barber Supplies. Upon all agents for barber supplies, $50.00 for each place business. Barber supplies. Paragraph 24. Beauty Parlors. Upon each beauty parlor or shop, or manicure shop, $25.00 for each place of business. Provided, that this tax shall not apply to manicure shops operated in connection with barber-shops. Beauty parlors, manicure shops. Paragraph 25. Bicycle Dealers. Upon every bicycle dealer selling or dealing in bicycles, either at wholesale

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or retail, for themselves or upon commissions or consignments, $10.00 for each place of business. All unsold bicycles belonging to dealer shall be liable to seizure and sale for payment of such tax. Bicycle dealers. Paragraph 26. Bill Distributors. Upon all bill distributors and parties engaged in the business for profit in towns or cities, $25.00; provided, this tax is limited to cities of 15,000 population or more. Bill distributors. Paragraph 27. Book Agents. Upon each agent or canvasser for books, maps, or lithographic prints, in each county in which he shall do business, $5.00. Provided this shall not apply to bona fide students earning their way through school or college, or to persons selling Bibles only. Book agents. Exceptions. Paragraph 28. Bottlers (Non-Resident). Upon each non-resident person, firm, or corporation delivering for sale by truck or trucks any carbonated beverages in this State, $150.00. Non residents delivering carbonated beverages. Paragraph 29. BrokersStocks and Bonds. Upon each person, firm, or corporation dealing in bonds or stocks, either exclusively or in connection with other business, the sum of $100.00 for each town or city in which such persons, firms, or corporations maintain an office. Stock and bond dealers. Paragraph 30. BrokersReal Estate. Upon each person, firm, or corporation engaged in the business of buying or selling real estate on commision, or as agents renting real estate, in cities of 50,000 or more inhabitants, $50.00; in cities of 25,000 to 50,000 inhabitants, $30.00; in cities of 10,000 to 25,000 inhabitants, $20.00; in cities or towns of less than 10,000 inhabitants, $15.00. And if such person shall engage in auctioneering or selling property at public outcry or by auction sales, he shall also be liable for and required to pay the tax required of real-estate auctioneers by paragraph 10 of this section, to wit: $100.00 in each county. Real-estate dealers; renting agents.

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Paragraph 31. Burglar-Alarms. Upon all burglar-alarm companies, or agents therefor, the sum of $25.00 for each agency or place of business in each county. Burglar-alarm companies or agents. Paragraph 32. Cafes and Restaurants. Upon every person, firm, or corporation, except hotels, operating any cafe, restaurant, or lunch-room with fifty or more tables, $100.00; twenty-five to fifty tables, $50.00; ten to twenty-five tables, $25.00; five to ten tables, $10.00; less than five tables, $5.00. Provided, that four seats or stools at tables or counters shall be construed on the same basis as a table. Cafes, restaurants, lunch-rooms. Paragraph 33. Carbonic Acid Gas. Each person, firm, or corporation engaged in the business of manufacturing or vending soft drinks made of or containing carbonic acid gas or any substitute therefor shall pay, as a privilege license to carry on such business, 4 cents on each pound of carbonic acid gas, or any substitute therefor so used. Provided, that bottled drinks on which this license shall have been paid may be resold in original packages without the payment of any further license, under this schedule. Each person, firm, or corporation engaged in such business shall keep accurate books and invoices showing the quantity of carbonic acid gas or any substitute therefor used in such business, and such other information relating to the business as may be required by the Comptroller-General, to enable the State tax officials to check up the returns herein required. At the end of each calendar quarterly period every person, firm, or corporation engaged in such business shall make a report to the Comptroller-General on blanks to be furnished by the Comptroller-General, showing the amount of carbonic acid gas or other substitute therefor consumed during the preceding quarter, and such other information as the Comptroller-General may require, verified by affidavit, and shall with the report remit the license herein provided for each pound of carbonic acid gas or other substitute therefor consumed, as shown by the report, and

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such remittance shall be paid into the State Treasury. If such report or remittance is not made within fifteen days after the end of the calendar quarter, there shall be added to the sum due for such license for the preceding quarter 10% additional license. The tax officials of the State shall have authority to examine the books and papers of any one engaged in such business, for the purpose of ascertaining the correctness of all reports and remittances. Any person wilfully failing or refusing to make the reports and remittances herein required shall be guilty of a misdemeanor, and any person wilfully making a false affidavit as to any report herein required shall be guilty of perjury. Soft-drink dealers. Reports to Comptroller-General. Paragraph 34. Cars Operated for Hire. Upon each person, firm, or corporation operating or keeping automobiles for hire, whether in connection with a garage or not, a tax according to the following scale, whether in or outside of the corporate limits of any city or town, for each automobile so operated in or near cities or town with less than 1,000 inhabitants, $5.00; in or near cities with 1,000 to 5,000 inhabitants, $10.00; in or near cities with 5,000 to 15,000 inhabitants, $15.00; in or near cities with 15,000 to 30,000 inhabitants, $20.00; in or near cities with 30,000 to 50,000 inhabitants, $25.00; in or near cities with more than 50,000 inhabitants, $40.00. Keeping automobiles for hire. Paragraph 35. Cars operated for hire over fixed routes, Upon every person, firm, or corporation operating automobiles for transportation of passengers upon a regular fixed route, commonly known as jitneys, for a uniform fare, for each five passenger car or less, $15.00; and for each car carrying more than five passengers, $25.00. Jitney operators. Paragraph 36. Cars for HireDrive-It-Yourself. Upon each person, firm, or corporation operating or keeping for hire automobiles, commonly known as Drive-It-Yourself business, or automobiles without drivers for hire, $150.00 for each place of business. Provided that

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the tax fixed herein shall not exceed $10.00 for each car operated. Drive-it-yourself cars. Paragraph 37. Coal and Coke. Upon each person, firm, or corporation dealing in coal and coke, whether for themselves or as agents or as brokers, in cities of more than 1,000 inhabitants and not more than 10,000, $10.00; in cities of more than 10,000 and not more than 20,000 inhabitants, $50.00; in cities of more than 20,000 inhabitants, $100.00 for each place of business. Coal and coke dealers. Paragraph 38. Cemetery Companies. Upon all cemetery companies, agencies, offices, etc., $100.00 in each county. Cemetery companies, etc. Paragraph 39. Circuses. Upon each circus company or other company or companies giving such exhibition beneath or within a canvas enclosure, advertised in print or parade in any manner whatsoever as a circus, menagerie, hippodrome, spectacle, or show implying circus, the following tax measured by the number of railroadcars, automobiles, trucks, or wagons used in transporting said circusrailroad cars, automobiles, trucks and wagons hereinafter referred to as cars. A circus requiring more than 80 cars, $1,000.00 per day; 40 to 80 cars, $500.00 per day; 20 to forty cars, $100.00 per day; 10 to 20 cars, $50.00 per day; less than 10 cars, $25.00 per day, for each day it may exhibit in the State of Georgia. Circuses, manageries, etc. Paragraph 40. Circus Side-Shows. Upon each side-show accompanying a circus company in any county having a town or city of 5,000 population or more, $50.00 per day; and in all other countries, $25.00 per day. Side-shows. Paragraph 41. Concerts, Shows, and Exhibitions. Upon all concerts, shows, and exhibitions charging an admission, in or near cities of less than 5,000 inhabitants, $25.00; in or near cities of more than 5,000 and not more than 20,000, $50.00; in or near cities of more than 20,000

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and not more than 50,000, $75.00; in or near cities of more than 50,000, $100.00 for each day. Provided, that this section shall not apply to exhibitions given by local performers, nor to exhibitions the entire proceeds of which are for charitable, benevolent purposes, nor to entertainments commonly known as chatauquas. Provided further, this section shall not apply to histrionic, dramatic, and operatic performances given in regular licensed theaters and opera houses, but upon each such theater or opera house, in towns of less than 2,000 inhabitants, $2.50 per month; in cities from 2,000 to 5,000 inhabitants, $4.00 per month; in cities from 5,000 to 10,000 inhabitants, $7.00 per month; in cities from 10,000 to 25,000 inhabitants, $10.00 per month; in cities of over 25,000 inhabitants, $12.50 per month. Concerts, shows, exhibitions. Exceptions. Paragraph 42. Commercial Reporting Agencies. Upon each person, firm, or corporation engaged in the business of a commercial reporting agency, in each county in the State where they have an office or branch office, $125.00. Commercial reporting agencies. Paragraph 43. Street Carnivals. Upon every midway combination of small shows, or street fair or street carnival, the sum of $25.00 each week or fractional part thereof, for each separate tent, enclosure, or place where an admission fee is charged or collected, either directly or indirectly, to witness or hear any performance, or where anything may be exhibited for admission or ticket; and upon every merry-go-round or flying horse accompanying any midway combination, street fair or street carnival, in each city or town in this State in which it does business, or in each county where they may operate outside of the limits of any city or town in this State, $25.00. Provided, that should the said midway combination, or any of them specified above, be held in connection with county, district, or State agricultural fairs of this State and under the direction of, and within the grounds at the time of holding said fairs, the whole amount of said tax for said

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attraction when so held shall be $25.00 per week or fractional part thereof. Street carnivals, merrygo-rounds, etc. Paragraph 44. Corporations, Domestic. All corporations incorporated under the laws of Georgia shall, except those that are not organized for pecuniary gain or profit and those that neither charge not contemplate charging the public for services rendered, in addition to all other taxes now required of them by law, are hereby required to pay each year annual license or occupation tax as specified in the following scale: Domestic corporations. Corporations with capital not exceeding $10,000, $10.00. Corporations with capital over $10,000, and not over $25,000, $15.00. Corporations with capital over $25,000, and not over $50,000, $20.00. Corporations with capital over $50,000 and not over $75,000, $30.00. Corporations with capital over $75,000, and not over $100,000, $50.00. Corporations with capital over $100,000 and not over $300,000, $100.00. Corporations with capital over $300,000 and not over $500,000, $200.00. Corporations with capital over $500,000 and not over $1,000,000, $300.00. Corporations with capital over $1,000,000 and not over $2,000,000, $500.00. Corporations with capital over $2,000,000 and not over $3,000,000, $600.00. Corporations with capital over $3,000,000, and not over $4,000,000, $700.00.

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Corporations with capital over $4,000,000, and not over $5,000,000, $800.00. Corporations with capital over $5,000,000, and not over $6,000,000, $900.00. Corporations with capital over $6,000,000, $1,000.00. Tax required by this paragraph to be paid to the tax-collector of the county where such corporation has its home office of business, and the payment of this tax will relieve such corporation from the payment of said tax in any other county in which it does business, and to that end the tax-collector shall furnish such duplicate receipts as may be needed for authorized agents of the corporation in other counties of this State. To whom paid. Paragraph 45. Corporations, Foreign. Upon every agent or representative of any foreign or non-resident corporation, said agent or representative having a place of business or office in this State, in addition to all other taxes now required of them by law, shall be and they are hereby required to pay each year an annual license or occupation tax fixed in accordance with the capital stock of the corporation represented by them, as specified in the preceding paragraph of this section (wherein is fixed the license or occupation tax required of corporations chartered under the laws of Georgia), per schedule or scale therein set forth. Provided, that if such foreign or non-resident corporations shall pay to the Comptroller-General of this State the amount of the occupation or license tax prescribed as per said schedule for resident corporations, then the agents of such foreign or non-resident corporations shall be relieved from said occupation tax. And to this end said foreign corporations shall register their name, capital stock, and the names of their agents with the Comptroller-General at the beginning of each year; and upon said license or occupation tax being paid,

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it shall be the duty of the Comptroller-General to furnish said corporation a certificate or duplicate receipt for each agent that said tax has been paid, and the presentation of such certificate or duplicate receipt by such agent to the tax-collector of his county shall be sufficient evidence of such payment and authorize the agent to be relieved of said tax. The payment of this tax shall not be construed so as to relieve the corporation or agent of any other license or occupation tax whatever. Provided, that this and paragraph 44 of this section shall not apply to insursurance companies, or to sewing-machine companies, which are separately taxed by other provisions of this Act. Provided further, that all returns by corporations, resident or non-resident, must be made under oath; and when any corporation paying this license or occupation tax requires or demands more than two duplicate certificates for agents, then such corporation shall be required to pay an additional fee of $1.00 for each duplicate certificate or receipt over and above the first two mentioned. Foreign Corporations. Paragraph 46. Dance Halls. Upon each person or persons operating public dance halls where dancing is permitted or taught for hire, $100.00 for each place of business. Dance halls. Paragraph 47. Devices, Bowling and Ten-Pin Alleys, Cane Racks, Shooting Galleries, etc. Upon each person, firm, or corporation operating for gain a bowling, box-ball, ten-pin alley or alley of like character, shooting galleries, or booth where firearms are used for firing at a target, and upon persons operating for gain any table, stand, machine, or place for performance of games not prohibited by law, and any rack or booth or place for pitching or throwing rings at canes, knives, or other things of value, or any table or stand for rolling balls for play or for sale or disposition of prizes, for each stand, table, alley, gallery, machine, rack, booth, or other place put in use at each place of business in this State, the sum of $50.00; provided this paragraph shall include automatic baseball games of all kinds. Bowling and other alleys, shooting galleries, amusement devices, etc.

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Paragraph 48. Directories. Upon each person, firm, or corporation compiling a city directory or directories of any character, and selling or supplying the same on subscription, the sum of $25.00 for each county in which a directory is published. The above tax shall not be construed to apply to telephone companies issuing directories for use in the telephone exchanges. Directories. Paragraph 49. Dry-Cleaning. Upon all persons, firms, or corporations, engaged in dry-cleaning, $25.00 for each place of business. Provided, this paragraph shall not apply to laundries paying the tax imposed by paragraph 62 of this Act, nor to pressing-clubs paying the tax imposed by paragraph 89 of this Act. Dry-cleaning. Paragraph 50. Electrical Contractors. Upon all electrical contractors, $25.00 for each county. Electrical contractors. Paragraph 51. Emigrant Agents. Upon each emigrant agent, and upon each employee of such agents, doing business in this State, $1,000.00 for each county in which such agents or employee may do or offer to do business. Provided, that no emigrant agent or employee shall take from this State or attempt to take from this State any person until after first giving a bond to be accepted and approved by the Commissioner of Commerce and Labor, conditioned to pay any valid debt owing by said person to any citizen of this State. Emigrant Agents. Paragraph 52. Employment Agencies. Upon all employment agencies or bureaus doing business in this State, $50.00 for each county. Employment Agencies. Paragraph 53. Fire-Engines and Apparatus. Upon each dealer in fire-engines and apparatus or either of them, $100.00 for each place of business. Dealers in fire-engines and apparatus. Paragraph 54. Fish Dealers. Upon each person, firm, or corporation engaged in the business of packing or shipping oysters, shrimp, or fish, $50.00 for each county. Fish dealers. Paragraph 55. Hotels. Upon every person, firm, or corporation operating a hotel, in counties of over 30,000

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inhabitants, a tax of $1.00 for each sleeping-room per annum, and in counties of less than 30,000 inhabitants, 50 cents per annum for each sleeping-room. Hotels. Paragraph 56. Horse-Traders (Traveling) or Gypsies. Upon each company of traveling horse-traders, or traveling gypsies, or traveling companies or other transients, traveling persons or firms, engaged in trading or selling merchandise of live stock of any kind, or clairvoyant, or persons engaged in fortune-telling, phrenology, or palmistry, $250.00, to be collected by the tax-collector in each county and distributed as follows: To the county where collected $125.00; to the State $125.00. This tax to be collected in each county where they carry on either kind of business herein mentioned. This tax shall apply to any person, firm, or corporation, who themselves or by their agents travel through the State carrying live stock and carrying with them cooking utensils, and live in tents or travel in covered wagons and automobiles, and who may be a resident of some county or who reside without the State, and who are commonly called traveling horse-traders and gypsies, and such persons or corporations shall be liable to pay this tax. Such tax shall constitute a lien on any live stock owned by such traveling persons or firms. Provided, that no Confederate Soldier, indigent, or any other person, firm, or corporation shall be exempted from the tax provided under this section. Provided, that nothing herein shall prevent any municipality, by proper ordinance, from prohibiting the practice of fortune-telling, phrenology, palmistry, or like practices within its limits. Traveling traders in horses, etc., gypsies, fortune tellers, etc. Paragraph 57. Ice Cream Dealers. Upon each person, firm, or corporation manufacturing ice cream or selling same at wholesale, in or near cities of more than 50,000 inhabitants, $100.00; in or near cities from 20,000 to 50,000 inhabitants, $75.00; in or near cities from 10,000 to 20,000 inhabitants, $50.00; and in or near cities of less than 10,000 inhabitants, $10.00. Ice-cream dealers.

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Paragraph 58. Insurance Agents. (a) Upon each and every local insurance agent, and upon each and every solicitor or subagent, for any resident or non-resident life, fire, marine, accident, casualty, liability, indemnity, fidelity, bonding or surety insurance company doing business in this State, $10.00, payable to the Insurance Commissioner, for each county in which said agent, solicitor, or subagent shall transact or solicit business. Insurance agents. (b) Upon each and every local insurance agent, and upon each and every solicitor or subagent, for any resident or non-resident assessment life -insurance company, or industrial life, accident, or sick-benefit insurance company, live-stock insurance company or fire and storm co-operative assessment fire-insurance companies doing business in this State, $10.00 payable to the Insurance Commissioner, for each county in which said agent, solicitor, or subagent shall transact or solicit business. (c) Upon each and every general, special, traveling, state, or district agent, or manager, or assistant manager, by whatever name he may be designated in his contract, of any resident or non-resident life, fire, marine, accident, casualty, liability, indemnity, fidelity, bonding or surety insurance company, doing business in this State, $100.00 payable to the Insurance Commissioner, whose receipt shall authorize the person named therein to go into any county in the State without the payment of an additional tax. (d) Upon each and every general, special, traveling, state, or district agent, manager, district manager, assistant manager, superintendent, or assistant superintendent, by whatever name he may be designated in his contract, of any resident or non-resident assessment life-insurance company, or industrial life, accident, or sick-benefit insurance company, or live-stock insurance company, doing business in this State, $100.00 payable to the Insurance Commissioner, whose receipt shall authorize

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the person named therein to go into any county in the State without the payment of an additional tax. (e) Upon all adjustment bureaus employing adjustors, a tax of $50.00 for each person who adjusts any loss, said tax payable to the Insurance Commissioner, whose receipt shall authorize the person named therein to go into any county in the State. Insurance adjustment bureaus. (f) Upon each and every person not connected with an adjustment bureau, who adjusts insurance losses, $50.00 payable to the Insurance Commissioner, whose receipt shall authorize the person named therein to go into any county in the State. Provided, that this tax shall not apply to local insurance agents who adjust losses without remuneration. Adjusters. (g) The occupation taxes imposed by this paragraph must be paid in advance by said agents to the Insurance Commissioner, for the fiscal year for which they are levied, before said agent shall be authorized to act as agent for any insurance company. Provided, that railroad-ticket agents selling accident tickets shall not be deemed insurance agents in the sense of this paragraph. Advance of payment of tax. Proviso as to accident tickets. Paragraph 59. Junk Dealers. Upon each person, firm, or corporation engaged in the business of dealing in junk, in or near cities of over 50,000 inhabitants, $100.00; in or near cities of from 10,000 to 50,000 inhabitants, $50.00; in or near cities of from 3,000 to 10,000 inhabitants, $25.00; in cities or towns under 3,000 or within ten miles thereof, $10.00. Each junk dealer, his clerk, agent, or employee shall keep a book, open to inspection, in which he shall make entries of all railroad iron, brass, pieces of machinery, plumbing materials, unused farm implements, automobile parts, fixtures, or accessories purchased by him, together with the name of the party from whom purchased; and upon failure to keep such books or record and produce it on demand, the said dealer shall forfeit his license. Junk dealers. Paragraph 60. Legerdemain and Sleight of Hand. Upon each exhibition of feats of legerdemain or sleight

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of hand, or other exhibition and entertainment of like kind, $25.00 in each county. Sleight of hand entertainers. Paragraph 61. Legislative Agents. Upon each person registered under the Act of the General Assembly approved August 11, 1911 (see Acts 1911, page 151), the sum of $250.00 for every person, firm, or corporation represented by said agent. Legislative agents. Paragraph 62. Laundries. Upon each person, firm, or corporation operating a laundry or dyeing establishment, $100.00 if employing ten or more persons; $50.00 if employing five and not more than ten persons; $25.00, if not employing more than five persons. Laundries, dyeing establishments. Paragraph 63. Lighting Systems. Upon each person, firm, or corporation selling, whether as manufacturer, agent, or dealer in any lighting system, whether gas, gasoline, or electrical, $25.00 in each county. Lighting systems. Paragraph 64. Lightning-Rods. Upon each person, firm, or corporation who may contract for or engage in the business of fitting up or erecting lightning-rods in this State, the sum of $10.00 for each county in which he may contract for, or erect, or put in place any lightning-rod or rods upon any structure or building therein; and it shall be the duty of the tax-collector to whom the tax is paid to issue the person paying such tax a license receipt showing such payment. When a license for erecting a certain brand or make or rod has been issued for a county, additional licenses for erecting the same brand or make shall be issued upon the payment of $5.00 each. Lightning-rod dealers. Paragraph 65. Live-stock Dealers. Upon each person, firm, or corporation dealing in live stock, having a fixed place of business, in or near cities of more than 50,000 inhabitants, $25.00; in or near cities of from 10,000 to 50,000 inhabitants, $15.00; in or near cities or towns of less than 10,000 inhabitants, $10.00 for each place of business. Live-stock dealers. Paragraph 66. Lumber Dealers. Upon every person, firm, or corporation engaged in the manufacture of lumber

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products of any character or dealing in lumber or lumber products, whether for themselves or as agents or brokers, in or near cities of 1,000 inhabitants and not more than 10,000, $10.00; in or near cities of more than 10,000 and not more than 20,000 inhabitants, $50.00; in or near cities of more than 20,000 inhabitants, $100.00 for each place of business. Lumber dealers. Paragraph 67. Machines (Store Cash Registers). Upon each manufacturer or wholesale dealer in, or agent for the sale of, any cash or account register, $100.00 for each place of business in this State. Cash-register or account register dealers. Paragraph 68. Machines (Weighing or Calculating). Upon each manufacturer or wholesale or retail dealer in, or agent for the manufacturer of, any weighing scale or scales for calculating weight or prices of commodities, $25.00 for each place of business in this State. Scale dealers. Paragraph 69. Machines (Adding Machines). Upon every manufacturer of, or wholesaler or retail dealer in, or agent for the sale of any adding or calculating machine, check-protector, and domestic ice machines retailing for more than ten dollars, $25.00 for each place of business in counties of 20,000 population or under; $50.00 in counties of a population of over 20,000 and under 50,000; and $100.00 in counties of over 50,000, for each place of business in this State. Adding machines, check-protectors, ice-machines. Paragraph 70. Machines (Typewriters). Upon every manufacturer of, or wholesaler or retail dealer in, or agent for the sale of any typewriter or typewriting machine, $25.00 for each place of business in counties of 20,000 population or under; $50.00 in counties of over 20,000 population and under 50,000; $100.00 in counties of over 50,000; this tax to be paid for each place of business in the various counties of this State. Typewriting machines. Paragraph 71. Machines (Slot). Upon every machine, punchboard, or other device, operated, used, or kept in this State, wherein is kept any article to be purchased

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by depositing therein or paid therefor any coin or thing of value, and for which may be had any article of merchandise whatsoever, where there is no chance incurred by reason thereof, and where the deposit of coin or other thing of value does not exceed one cent per operation, $2.00 for each machine, punchboard, or other device for each county where kept, set up, used, or operated. Slot machines, punchboards, etc. (b) Upon each slot-machine wherein may be seen any picture or music may be heard by depositing in said machine any coin or thing of value, and each weighing machine or scale, and every machine making stencils by use of contrivances operated by slot, wherein coin or other thing of value is to be deposited or used, the deposit of coin or other thing of value not exceeding one cent per operation, $1.00 for each machine where kept, set up, used, or operated. On all other machines described in this paragraph, charging more than one cent per operation, $5.00 for each machine where kept, set up, used, or operated. Provided further, that no machine described in this paragraph shall be subject to more than one tax. Paragraph 72. Machinery and Equipment. Upon every manufacturer of reaping, mowing, binding, or thrashing machines, gas, electrical, or oil engines, agricultural machinery propelled by gas, and road-building machinery propelled by gas or oil, culverts, road-machines and roadgraders, selling or dealing in such machinery by itself or its agents in this State, and all wholesale and retail dealers in the above-mentioned machinery, selling such machinery manufactured by companies that have not paid the tax thereon named, shall pay $100.00 annually to the Comptroller-General on the first of January of each year or at the time of commencement of business, same to be known as a license fee for the privilege of doing business in this State. All companies and others paying this license fee shall, at the time of payment, furnish the Comptroller-General with a list of all agents authorized to sell the aforesaid machinery of their manufacture, or under their control, and shall pay to said Comptroller-General

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the sum of $10.00 for each of said agents, for the fiscal year or fractional part thereof, for each county in which the said agents may do business. Upon the payment of $10.00 the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before commencing business in this State all such agents shall be required to register their names with the Ordinaries of those counties in which they intend to do business, and shall exhibit to said ordinaries their license from the Comptroller-General; wholesale and retail dealers in the above-mentioned machinery shall be required to pay tax provided herein for manufacturers of the above machines sold by them, unless said manufacturers, have paid the tax required by this Act. All unsold machinery belonging to manufacturers, dealers, or other agents, or in their possession or the possession of others, shall be liable to seizure and sale for the payment of such fees, license, or tax. None of the provisions of this paragraph shall apply to licensed auctioneers selling second-hand machinery, or to officers of the law under legal process, or to merchants buying or selling said machinery on which a license tax has been paid as herein provided, and who keep the same and sell and deliver them from their place of business. Any person who shall violate the provisions of this paragraph shall be liable to prosecution for a misdemeanor, and on conviction shall be punished as prescribed in section 1065, volume 2 of the Code of 1910. Machinery. Registration and license. Exceptions. Penalty. Paragraph 73. Merry-Go-Rounds. Upon the owner, manager, keeper, or lessee of any merry-go-round or flying horses, or flying swings, or human roulettes, or scenic devices run by machinery, or of an elevated railway or scenic railway, similar contrivance kept for gain, either directly or indirectly, for each place of business in this State, and for each place where operated, in counties in which there is a city of 50,000 or more inhabitants, $50.00; in all counties in which there are cities between 10,000 and 50,000 inhabitants, $30.00; in counties having a city between 5,000 and 10,000 inhabitants, $20.00; in all other counties, $10.00. Merry-go-rounds, swings, sceric, devices, elevated railways, etc.

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Paragraph 74. Monument Dealers. Upon each person, firm, or corporation selling monuments or tombstones, $25.00 in each county in which they shall have a place of business. Monument dealers. Paragraph 75. Motor-Buses. Upon every person, firm, or corporation, operating a motor-bus for the transportation of passengers upon a regular or fixed route, $25.00 for each bus of a passenger capacity of seven or less, and on each bus of more than said capacity the sum of $50.00; provided they shall be exempt from local municipal license tax; provided further, that this section shall not apply to passenger buses transporting school children exclusively. Motor-buses. Paragraph 75A. Motor-Trucks and Trailers. Upon every person, firm, or corporation engaged in the operation of motor-trucks or trailers for the transportation of freight for hire, $25.00 for each truck or trailer. Provided, this section shall not apply to persons, firms, or corporations hauling farm produce, livestock, and fertilizers exclusively. Provided, that the width of load of trucks and trailers shall not be more than eight feet. Motor-trucks and trailers. Paragraph 76. Motorcycle Dealers. Upon every person, firm, or corporation selling or dealing in motorcycles or motor attachments for bycycles, whether in connection with the business of selling bicycles or automobiles or otherwise $25.00 for each place of business. Motorcycle dealers. Paragraph 77. Moving Pictures. Upon each and every electric show or exhibition of moving pictures, or illustrated songs, except where given for educational purposes, for each place of business in or near cities or towns of less than 2,000 inhabitants, $2.000 per month; in or near cities or towns of from 2,000 to 5,000 inhabitants, $3.00 per month; in or near cities of from 5,000 to 10,000 inhabitants, $7.00 per month; in or near cities of from 10,000 to 25,000 inhabitants, $10.00 per month; in or near cities of from 25,000 to 50,000 inhabitants, $12.50 per month; in cities of 50,000 or more inhabitants, $25.00 per month,

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except in suburbs of cities of more than 50,000 inhabitants where the tax shall be $12.50 per month. Moving pictures; illustrated songs. Paragraph 78. Motion Picture Supply Houses. Upon all motion-picture supply-houses, or film-distributing agencies, $100.00 for each place of business. Motion-picture supplies. Paragraph 79. Musical Instruments, Graphophones, Organs, Phonograph Pianos, and Victrolos, Radios or Radio Supplies. Upon each person, firm, or corporation engaged in the business of selling or renting, as agents or dealers, any of the above or similar instruments, in or near cities of more than 50,000 inhabitants, $100.00; in or near cities from 25,000 to 50,000 inhabitants, $50.00; in or near cities of from 10,000 to 25,000 inhabitants, $25.00; in or near cities or towns of less than 10,000 inhabitants, $10.00 for each place of business. Musical instruments, radios, etc. Paragraph 80. News Dealers. Upon each person, firm, or corporation carrying on the business of selling books, magazines, papers, fruits, confections, or other merchandise on the railroad-trains in this State, $500.00. No county or municipality shall have authority to levy any additional tax for the privilege of carrying on said business. News dealers on railroads. Paragraph 81. Packing-Houses. Upon every individual agent or firm of agents of any packing-house, and upon any and every individual agent or firm of agents of any person, firm, or corporation dealing in any packinghouse products or goods, doing business in this State, for each place of business in each county having a city situated therein with a population of 30,000 or more, $300.00; for each place of business in each county with a population of from 15,000 to 30,000, $150.00; for each place of business in each county with a population of from 5,000 to 15,000, $50.00; for each place of business in each county with a population of less than 5,000, $25.00. Packing-houses. Paragraph 82. Patent Rights. Upon each person, firm, or corporation selling patent rights in Georgia, the

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sum of $50.00 for each county in which said business is carried on. Patent rights. Paragraph 82A. Upon each person, firm, or corporation, in cities having a population of 40,000 or more inhabitants, carrying on the business of selling papers, fruits, drinks, or other articles of merchandise in baseball-parks, $100.00. Selling in baseball parks. Paragraph 83. Pawnbrokers. Upon each person, firm, or corporation carrying on the business of pawnbrokers, for each place of business in this State, $200.00. If any pawnbroker shall sell, or offer for sale, or expose in his place of business any pistol, pistol or rifle cartridges, dirk, bowie-knife, or metal knucks, whether sold as unredeemed pledges or otherwise, he shall also be held subject to and required to pay the license-tax required of the dealers in such articles by paragraph 86 of this section of this Act. Pawnbrokers. Paragraph 84. Peddlers. Upon every peddlers. or traveling vendor of any patent or proprietary medicine or remedies, or appliances of any kind, or special nostrum, or jewelry, or stationery, or drugs, or soap, or of any kind of merchandise or commodity whatsoever (whether herein enumerated or not), peddling or selling any such goods or articles or other merchandise, in each county where the same or any of them are peddled, sold or offered for sale, $50.00. Provided, that no vendor or peddler of perishable farm products raised on Georgia farms shall be required, under this paragraph or any other of this Act, to pay any license fee or tax, State, county or municipal, when same is accompanied by affidavit that such farm product is exclusively Georgia grown. And provided further, that any person qualifying under this paragraph and under sections 1886 et sequitur of Civil Code of Georgia, 1910, to peddle, shall be entitled to one helper only to assist him in carrying on his business as peddler. Peddlers. Proviso as to farm products. (b) Upon every peddler of stoves or ranges for cooking purposes or clocks or albums, or pictureframes, for each county wherein he may sell or offer for sale either of said articles, $25.00. Peddlers of stoves, clocks, pictureframes, etc.

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(c) Upon any traveling vendor of any patent churn, or patented fence, or patented agricultural implements, or tools, or other patented articles, $25.00 for each county in which he may sell or offer to sell either of the enumerated articles. Traveling verdors of paterted articles. (d) Upon every traveling vendor using boats, barges, or other water-craft for the purpose of selling goods of any kind, not prohibited by law, on the rivers or waters within the limits of this State, for each county where he may sell such wares, goods, or merchandise, $50.00. The tax shall be a lien upon the boat, barge, or other water-craft, and its contents, without regard to the ownership thereof. [Illegible Text] on boats, etc. (e) The term peddler is hereby defined as follows, to wit: Any person carrying goods, wares, or merchandise of any description with him, other than farm products, either in a pack or vehicle of any character whatever, and who makes delivery of goods ordered on the day of taking orders, shall be held and deemed a peddler, whether such sales are for consumption or resale. Peddler defined. Paragraph 85. Pictures and Picture-Frames. Upon every person, firm, or corporation who, in person or through its agents, sells and delivers photographs or pictures of any character, or picture-frames, whether they make charge for such frames or not, $15.00 in each county in which this business is done. Provided, this shall not apply to regular merchants dealing in such goods at their usual place of business. Pictures or frames. Paragraph 86. Pistols. Upon each and every dealer in pistols or in toy pistols which shoot cartridges, or who deals in pistol cartridges, or rifle cartridges, dirks, bowieknives, or metal knucks, for each place of business in this State, in or near towns or cities of 10,000 or less inhabitants, $50.00; in or near cities of over 10,000 inhabitants, $100.00, Provided further, that no person shall be exempted from the payment of this tax. Pistols.

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Paragraph 87. Playing-Cards. Upon each dealer in playing-cards, $10.00 for each place of business. Cards. Paragraph 88. Photographers. Upon every daguerrean, ambrotype, photographic, and similar artists carrying on the business of making pictures, $10.00 in each county. Photographers. Paragraph 89. Pressing-Clubs. Upon each person, firm, or corporation operating a pressing-club, $5.00 for each place of business. Provided, that if such person, firm, or corporation shall engage any dry-cleaning business, he shall in addition pay the sum provided for in Paragraph 49 herein. Pressing-clubs. Paragraph 90. Practioners (Itinerant). Upon every intinerant doctor, dentist, optician, optometrist, veterinary surgeon, osteopath, chiropractor, or specialist of any kind, doing business in this State, $25.00 for each county in which they may practice or do business. Provided, that if any one of said itinerant specialists shall peddle or sell any drug, medicine, remedy, applicance, spectacles, glasses, or other goods in connection with the practice of his profession, he or they shall be subject to the tax required of peddlers, or traveling vendors of patent or proprietary medicine, nostrums, etc., by paragraph 84 of this Act, $50.00 in each county where they may offer to sell such articles. Provided further, that the provisions of this paragraph shall not apply to persons whose fixed place of business in any county of this State, and who have paid the professional tax required by Paragraph 3 of this Act. Itinerant doctors, dentists, opticians, etc. Paragraph 91. Rinks (Skating). Upon the owner, manager, keeper, or lessee of any skating-rink in this State, where any fee or charge is made for admission, for the use of skates or skating, in counties having a population of more than 100,000, the sum of $100.00; in counties having a population of 50,000 and not over 100,000, the sum of $50.00; in counties having a population less than 50,000, the sum of $25.00 for each place of business. Skating-rinks.

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Paragraph 92. Salary and Wage Buyers. Upon each person, firm, or corporation or partnership buying salary or wage accounts and all negotiable papers, $100.00 for each office or place of business maintained. Buyers of salaries, negotiable instruments, etc. Paragraph 93. Safes and Vaults. Upon each person, firm, or corporation or agent thereof selling safes or vaults, or vault doors or other vault fixtures, $100.00 for each place of business. Safes and vaults. Paragraph 94. Sanitariums. Upon hospitals and sanitoriums, or institutions of like character, whether incorporated or not, conducted for gain, in or near cities of more than 20,000 population, $100.00. In or near cities or towns of less than 20,000, $25.00. Provided, that the above tax shall not apply to public hospitals maintained by municipal corporations for charitable purposes only. Hospitals, sanitariums, etc. Paragraph 95. Shows (Dog and Pony). Upon each dog, pony, or horse show, where the entire show is exclusively an exhibition of trained dogs, ponies, or horses and monkeys, or a combination of any of them, beneath a tent, canvas, or enclosure, where an admission fee of fifteen cents or more is charged, the sum of $50.00 for each day it may exhibit; and upon such shows with an admission fee of less than fifteen cents, the sum of $30.00 for each day it may exhibit in this State. Shows-dogs, horses, monkeys, etc. Paragraph 96. Shows (Vaudeville). Upon each person, firm, or corporation operating vaudeville shows which are given under tents or places other than regular licensed theaters, in or near cities or towns of less than 1,000 inhabitants, $2.50 per week; in or near cities or towns of 1,000 to 5,000 inhabitants, $5.00 per week; in or near cities or towns of 5,000 to 10,000 inhabitants, $7.50 per week; in or near cities or towns of 10,000 to 25,000 inhabitants, $10.00 per week; in or near cities or towns 25,000 to 50,000 inhabitants, $20.00 per week; in or near cities or towns of more than 50,000 inhabitants, $50.00 per week. Vaudeville shows.

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Paragraph 97. Sprinklers (Automatic). Upon all automatic sprinkler companies, or agents therefor, the sum of $25.00 for each agency of place of business in each county. Sprinklers. Paragraph 98. Soda-Fountains. Upon each person, firm, or corporation running or operating soda-fountains in this State, having one draught arm or similar device used in drawing carbonated water, $5.00; and for each additional arm or device, $5.00. Soda-fountains. Paragraph 99. Soft-Drink Syrups. Upon all persons and companies carrying on, in this State, the business of manufacturing or selling, by wholesale or retail, or distributing from any depot, car, or warehouse or agency, any carbonated waters or syrups or other articles to be used in carbonated water, or intended to be fixed with or blended with carbonated water to be sold as soft drinks (not including imitations of beer, wine, whiskey, or other intoxicating liquor), as an occupation tax for the privilege of carrying on said business, and amount payable at the end of each quarter, and amount equal to one half one per cent (%) of the gross receipts from said business for said quarter in this State. Within three days from the end of each quarter of the calendar year each person or company engaged in said kind of business shall make returns under oath to the Comptroller-General of this State, showing the amount of said gross receipts, with a detailed statement of the parties from whom said receipts are received. In case of a corporation, the return shall be made under oath by the president, if a resident of this State; and if the president is not such resident, by the officer or person in charge of the business of said corporation in this State. Upon failure of any person required by this paragraph to make such returns within ten days after the expiration of such quarter, he shall be guilty of a misdedemeanor, and shall be liable to prosecution and be punished as now provided in cases of misdemeanor. Upon the making of such returns, the person or company liable to said tax shall pay the same to the Comptroller-General, and upon failure to pay the same the Comptroller-General

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shall issue an execution for said tax against the property of the person or company liable to said tax. If no returns be made or if the Comptroller-General believes said returns are false, the Comptroller-General shall ascertain the amount of said gross receipts from the best information in his power, and assess the tax accordingly, after giving the company or person liable to said tax at least five days' notice of the time of assessing said tax, and issue his execution accordingly against the person or corporation carrying on said business. Any person, company, or agent carrying on any kind of business specified in this paragraph, after failure to pay the tax herein levied for any preceding quarter during which he or it was liable to tax, shall be guilty of a misdemeanor. It is hereby enacted that all of said taxes received or collected under this paragraph shall be paid into the State Treasury. It is also enacted that any person or company paying the tax herein levied shall be relieved of any and all occupation tax or license fees to the State under existing laws on or for the kind of business specified in this paragraph. Provided, however, that said tax shall be collected upon said syrup or carbonated water only once, and shall be paid by the wholesale dealer in said syrup if sold within the confines of this State by such wholesale dealer; and if said syrup or carbonated water shall be purchased by the retail dealer without the limits of this State and shall be shipped to a point within the limits of this State, the same shall be taxed in the hands of such retail dealer, and for the purposes of this tax the price paid for such syrup or carbonated water shall determine the receipts for the same. Carbonated water, syrups, etc. Returns to Comptroller-General. Failure to pay tax, a misdemeanor. Relief from other taxes. Paragraph 100. Swimming-pools. Upon each and every person, firm, or corporation operating a swimming-pool where admission fees are charged, or upon persons, firms, or corporations keeping and renting bathing-suits for hire, $20.00 in counties of over 50,000 population, and $10.00 in counties of under the 50,000 population; upon persons, firms, or corporations conducting or operating a bathing resort in or near the ocean and ocean and gulf front of

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this State, for hire, the sum of $200.00 in each county where such bathing resort is located. Swimming-pools. hire of bathing-suits. Paragraph 101. Toll-Bridges and Ferries. Upon all persons or corporations operating ferries, $15.00. Upon all persons or corporations operating toll-bridges, $100.00, said tax to be paid to the tax-collector of the county in which the bridge is located or situated. Provided, that this tax shall not be required of any ferry or toll-bridge the receipts from which do not amount to more than $500.00 per annum. And provided further, that the provisions of this paragraph shall apply to line bridges as well as bridges wholly within the confines of this State. Ferries, toll-bridges. Paragraph 102. Trucks (Gasoline or Oil). Upon each person, firm, or corporation selling oil or gasoline from a wagon or truck, $10.00 for each wagon or truck. Selling oil or gasoline from truck. Paragraph 103. Undertakers. Upon each person, firm, or corporation whose business is that of burying the dead and charging for same, commonly known as undertakers, in or within a radius of fifteen miles of the corporate or town limits of cities of more than 50,000 inhabitants, $200.00; in or near cities from 10,000 to 50,000 inhabitants $100.00; in or near cities from 5,000 to 10,000 inhabitants, $50.00; in or near cities or towns of from 2,500 to 5,000 inhabitants, $20.00; in or near towns of less than 2,500 inhabitants, $10.00 for each place of business. Undertakers. Paragraph 104. Warehouses (Cotton). Upon each person, firm, or orporation operating a warehouse or yard for the storage and handling of cotton for compensation, license-tax is as follows: Where 500 to 5,000 bales are handled in one year, $10.00; where 5,000 to 10,000 bales are handled in one year, $25.00 where 10,000 to 20,000 bales are handled in one year, $50.00; where 20,000 to 30,000 bales are handled in one year, $100.00; where more than 30,000 bales are handled in one year, $200.00. Cotton warehouses. Paragraph 105. Warehouse (Merchandise, etc.) Upon each person, firm, or corporation operating a warehouse

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or yard for storage of goods, wares, or merchandise and farm products other than cotton, and charging for the same, $25.00. Provided, that any warehouse that pays taxes as provided in Paragraph 104 of this Section shall not be subject to the tax required by this paragraph. Warehouses (other than cotton.) Paragraph 106. Wood Dealers. Any person, firm, or corporation dealing in wood shall pay a tax of $10.00 for each place of business. Wood dealers. Paragraph 107. Plumbing, heating, steam-fitting and tinning contractors. Upon every plumbing, heating, steam-fitting and tinning contractor, in counties having a city with a population over 50,000 the sum of $25.00; in counties having a city with a population less than 50,000 and over 15,000, the sum of $15.00; in counties having a city or towns less than 15,000 the sum of $10.00. Plumbing, heating, tinning, etc., contractors. Paragraph 108. Upon all persons and companies carrying on in this State the business of manufacturing or selling, by wholesale or retail, any and all malt syrups, as an occupation tax for the privilege of carrying on said business, an amount payable at the end of each quarter, equal to one half of one per cent. (%) of the gross receipts from said business in this State. Within three days from the end of each quarter of the calendar year each person or company engaged in said kind of business shall make returns under oath to the Comptroller-General of this State, showing the amount of said gross receipts, with a detailed statement of the parties from whom said receipts are received. Provided that said malt syrups shall not be additionally taxed under paragraph 99 of Section 2 of this Act. Malt syrups. Paragraph 109. Upon every person, firm, or corporation, owning, operating, maintaining, or controlling a chain of stores consisting of more than five stores, the sum of $250.00 for each store in excess of five. Chain of Stores as used herein shall mean and include five or more stores owned, operated, maintained, or controlled by the same firm, person, or corporation in which goods, wares, or

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merchandise or any kind are sold at retail in the State of Georgia. Provided, that the provisions of this paragraph shall apply to wholesale chain-stores as well as retail chain-stores, and in no event shall be construed to apply to persons, firms, or corporations engaged in the sale of gasoline, motor-oils, and kindred lines when not sold in grocery stores. That the enforcement of the provisons of Paragraph 109 of Section 2 is hereby delegated to the department of revenue. Chain of stores. Proviso as to gasoline, motor-oils, etc. Paragraph 110. Non-resident peddlers of fish and sea food. Upon each non-resident firm or individual engaged in pedling fish, oysters, shrimp, or other sea food, ten ($10.00) dollars for each vehicle operated in each county in the State. Fish and sea-food peddlers, nonresident. Sec. 3. Dogs. All dogs are hereby made personal property, and shall be given in and taxed as other property of this State is given in and taxed, such tax to be enforced by levy and sale as other taxes are collected, and not to interfere with the imposition and collection of any municipal taxes on dogs, whether such dog or dogs be owned by the taxpayer, his wife or minor children. Dogs. Sec. 4. Sewing-Machines. Upon every sewing-machine selling or dealing in sewing-machines by itself or its agents in this State, and all wholesale and retail dealers in sewing-machines, selling machines manufactured by companies that have not paid the tax herein, $400.00 for each fiscal year or fraction thereof, to be paid to the Comptroller-General at the time of commencement of business, and said companies or dealers shall furnish the Comptroller-General with a list of agents authorized to sell machines of their manufacture or under their control, an shall pay to said Comptroller-General the sum of $10.00 for each of said agents for the fiscal year or fractional part thereof, for each county in which said agents do business for said company. Upon the payment of said additional sum the Comptroller-General shall issue to each of said agents a certificate of authority to transact business

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in this State. Before doing business under this Act, all sewing-machine agents shall be required to register their names with the ordinaries of those counties in which they intend to operate, and exhibit to said ordinaries their license from the Comptroller-General, and to keep such license posted on their vehicles, or at their place of business. Wholesale and retail dealers in sewing-machines shall be required to pay the tax provided herein for each manufacturer of sewing-machines sold by them, except where the tax required by this Act has been paid by said manufacturer. All unsold sewing-machines belonging to sewing-machine companies, dealers, or their agents, in possession of said companies, dealers, their agents or others, shall be liable to seizure and sale for payment of such fees, license, or tax. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1065, Volume 2, of the Code of 1910. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing-machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid as herein provided, and who keep the machines and sell and deliver them at their place of business, such sales not being on commission. Provided, that if said merchant shall employ an agent or agents to deliver or sell the machines, the provisions of this Act shall apply to said agent or agents. Sewing-machines. Sec. 5. Taxes, How returned. Be it further enacted by the authority aforesaid, that the tax provided for in Section 4 requires return made to the Comptroller-General in accordance with the law of Georgia. The tax required by Paragraphs 3, 4, and 111 of Section 2 of this Act shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax, and shall be entered by the receiver upon the digest of taxable property. In the case of the tax imposed upon foreign corporations by paragraph 45 of Section 2, and the tax imposed by Paragraph 72 upon manufacturers of machinery

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and implements, upon soft-drink syrups by Paragraph 99, and upon carbonic acid gas by Paragraph 33, the return is required to be made and the tax paid to the Comptroller-General. The tax imposed by Paragraph 58 on Insurance Agents is required to be paid to the Insurance Commissioner. The tax imposed upon legislative agents by Paragraph 61 of Section 2 shall be paid to the Secretary of State when each person registers, and he shall not be allowed to register until such tax is paid. All other taxes enumerated and set forth in Section 2 of this Act shall be returned and paid to the tax-collector of the county where such vocations are carried on. Provided, however, that nothing in this section shall be construed as changing any other provision in this Act as to whom any tax shall be paid. Tax returns; to whom made. Sec. 6. Taxes, how paid. Be it further enacted by the authority aforesaid, that the taxes provided for in this Act shall be paid in full for the fiscal year for which they are levied; and except where otherwise provided, said taxes shall be paid to the tax-collectors of the counties where such vocations are carried on, at the time of commencing to do business. Before any person shall be authorized to open up or carry on said business, they shall go before the ordinary of the county in which they propose to do business and register their names, the business they propropose to engage in, the place where it is to be conducted; and they shall then proceed to pay the tax to the collector, and it shall be the duty of the said ordinary to immediately notify the tax-collector of such registration, and at the end of each quarter to furnish the Comptroller-General with a report of such special tax registration in his office. Any person failing to register with the ordinary or, having registered, failing to pay the special tax as herein required, shall be guilty of a misdemeanor, and on conviction shall be fined not less than double the tax, or be imprisoned, as prescribed by Section 1065 of Volume 2 of the Code of 1910, or both in the discretion of the court; one half of said fine shall be applied to the payment of the tax and the other

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to the fund of fines and forfeitures for the use of the officers of the court. Provided, however, that in all counties of this State where the officers of the Superior Court, or city court, are now or may hereafter be upon the salary basis, the other half of the fine shall be paid into the treasury of such counties and shall become the property of such counties. Taxes, how paid. Registration of business. Penalty. Sec. 7. Insurance Companies. (1) Be it further enacted by the authority aforesaid, that all foreign and domestic insurance companies doing business in this State shall pay one and one-half (1%) per cent. upon gross premiums received by them in this State for the year, with no deductions for dividends, whether returned in cash or allowed in payment or reduction of premiums, or for additional insurance; nor shall any deduction be allowed for premium abatements of any kind or character, or for reinsurance, except companies doing business in Georgia, or for cash surrender values paid, or for losses or expenses of any kind, said tax being imposed upon gross premiums without any deductions whatever except for premiums returned on change of rate and cancelled policies and on reinsurance as above provided. Provided, that local organizations known as Farmers' Mutual Insurance Companies, operating in not more than four counties, shall not be subject to this tax. Provided, further, that mutual fire insurance companies chartered by this State, which require their members to make premium deposits to provide for losses and expenses, and which premium deposits are used wholly for the payment of losses and expenses and returned to the policyholders or held to pay losses and expenses and as reinsurance reserves, shall not be subject to this tax. Insurance companies; tax on premiums. See subsection (3.) Exceptions. (2) Every insurance company incorporated under the laws of this State, and doing business on the legal-reserve plan, shall be required to return for taxation all of its real estate as other real estate is returned, and all of the personal property owned by it shall be ascertained in the

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following manner: From the total value of the assets held by the company, both real and personal, shall be deducted the assessed value of all real estate owned by the company in this State, the non-taxable funds deposited by the company with the State Treasurer, and the amount of the reserve or net value of the policies required by law to be held by the company for its policyholders, and which belong to such policyholders; the remainder shall be the value of the personal property owned by and taxable against such companies. Returns of insurance companies. (3) That whenever any insurance company doing business in this State shall make it appear by proof to the Insurance Commissioner that one fourth of the total assets are invested in any or all of the following securities or property, to wit: Bonds of this State or of any county or municipality of this State, property situated in this State and taxable therein, loans secured by liens on real estate situated in this State, or policy loans by insurance policies issued by such company on lives of persons resident of this State, then the premium tax levied by the first paragraph of this section shall be abated or reduced to one per centum upon the gross receipts of such company; and if the amounts so invested by any such company shall be as much as three fourths of the total assets of such company, then said premium tax shall be abated or reduced to three fourths of one per centum upon such gross receipts of such company. Reduction of tax to insurance companies investing in local bonds, etc. Sec. 8. Manufacturing Companies. Be it further enacted by the authority aforesaid, That the president, superintendent, or agents of all manufacuring and other companies, whether incorporated or not (other than railroad, telegraph, telephone, express, sleeping and palace-car companies, and such other companies as are required to make return of the value of their franchise to the Comptroller-General under the provisions of the Act approved December 17th, 1902, entitled an Act to provide for and require the payment of taxes on franchises, and to provide the method for the return and payment of said taxes), and all persons and companies conducting business enterprises

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of every nature whatsoever, shall return for taxation at its true market value of all their real estate to the tax-receiver of the county wherein said real estate is located. Provided, That if the real estate, upon which said manufacturing or other business enterprise of whatsoever nature is carried on, lies on or across the county line, or county lines, and in two or more counties, said real estate shall be returned to the tax-receiver of the county wherein are located the main buildings containing the machinery, or most of the main buildings. Provided further, that all persons, companies, and corporations not excepted above, conducting any business enterprise upon realty not taxable in the county in which such persons reside or the office of the company or corporation is located, shall return for taxation their stock of merchandise, raw materials, machinery, live stock, and all other personalty employed in the operation of such business enterprises, together with the manufactured goods and all other property of such business enterprises and notes and accounts made and the money used in the prosecution of such business enterprises on hand at the time for the estimation of property for taxation, including all personalty of whatsoever kind connected with or used in such enterprises in any manner whatsoever, in the county in which is taxable the realty wherein such business enterprises are located or carried on. Provided further, that the agent in this State of any person, firm, or corporation resident without this State, who shall have on hand and for sale, storage, or otherwise, as such agents, merchandise or other property, including money, notes, accounts, bonds, stocks, etc., shall return the same for taxation to the tax-receiver of the county wherein the same may be taxed for State and county purposes as other property in this State is taxed. The word merchandise shall be held to include guano, commercial fertilizer, save and except that all canal and slackwater navigation companies shall make, through their respective executive officers or stockholders in possession of the same, returns to the tax-receiver of each county in which the same is located, or through which the same

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shall pass in whole or in part, of the right-of-way, locks, and dams, toll-houses structurs, and all other real estate owned by or used by the company or stockholders thereof. Provided, that this Act shall not make subject to taxation any property of canal or navigation companies which is not subject to taxation by the laws of this State now existing. The president of every manufacturing company in this State, and agent, general manager, or person in possession or charge of the business and property in this State of any non-resident persons, firm, or corporation, shall be required to answer under oath, in addition to those provided by law, the following questions: Returns of real estate by companies and persons conducting business. Returns of personalty. Canal and navigation companies. 1. What is the true market value of the real estate of the company you represent, including the buildings thereon? Questions for returns. 2. What is the true market value of your machinery of every kind? 3. What is the true market value of the real estate not used in the conduct of the business of your company? 4. What is the true market value of raw materials on hand on the day fixed for return of property for taxation? 5. What is the true market value of manufactured goods or articles on hand on the day for the return of property for taxation, whether at your principal office or in the hands of agents, commission merchants, or others? 6. How much money did your company have on hand the day fixed for the return of property for taxation, whether within or without the State? 7. State separately the true market value of the notes, bonds, and other obligations for money or property of every kind on hand on the day fixed for the return of property for taxation. And such company shall be taxed upon its entire property so ascertained, and the Comptroller-General is authorized to frame and have propounded any other questions which in his judgment will produce a fuller return.

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Sec. 9. Railroads. Return, to whom made. 1. Be it further enacted by the authority aforesaid, that all railroad companies, street and suburban railroads, or sleeping-car companies, or persons or companies operating railroads or street-railroads or suburban railroads or sleeping-cars in this State, all express companies, including railroad companies doing express, telephone, or telegraph business, and all telephone and telegraph companies, person or persons doing an express, telephone, or telegraph business; all gas, water, electric light or power, hydro-electric power, steam heat, refrigerated air, dockage or crange, canal, toll-road, toll-bridges, railroad equipment, and navigation companies, person or persons doing a gas, water, electric light or power, hydro-electric power, steam heat, refrigerated air, dockage or cranage, canal, toll-road, toll-bridge, railroad equipment, or navigation business, through their president, general manager, owner, or agent having control of the company's offices in this State, shall be required to make annual tax returns of all property of said company located in this State to the Comptroller-General; and the laws now in force providing for the taxation of railroads in this State, shall be applicable to the assessments of taxes from said businesses as above stated. Provided, that small telephone companies, or person or persons doing a telephone business, whose capital stock or property is of less value than ($5,000.00) five thousand dollars, shall be required to make returns to the tax-receivers of the counties in which such property is located, instead of making returns to the Comptroller-General. Railroad and other companies. 2. Sleeping-Car Companies. That each non-resident person or company whose sleeping-cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroads over which sleeping-cars are run, and ascertain the entire value of all sleeping-cars of such person or company, then tax such sleeping-cars at the regular tax rate imposed upon the property in this State in the same proportion to the entire value of such sleeping-cars

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that the length of lines in this State over which such cars are run bear to the length of lines of all railroads over which such sleeping-cars are run. The returns shall be made to the Comptroller-General by the president, general agent, agent or person in control of such cars in this State. The Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in control of said sleeping-cars shall fail or refuse to answer, under oath, the questions propounded, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping-cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners of such cars, which may be levied by the sheriffs of any county in this State upon the sleeping-car or cars of the owners, who have failed to pay the taxes. Nonresident sleeping-car companies. Returns. 3. Railroad Equipment Companies. Any person or persons, copartnership, company, or corporations, wherever organized or incorporated, owning or leasing or furnishing or operating any kind of railroad cars except dining, buffet, chair, parlor, palace, or sleeping-cars, which cars are operated, or leased or hired to be operated, on any railroad in this State, shall be deemed an equipment company. Every equipment company, as herein defined, shall be required to make returns to the Comptroller-General, and shall be taxed as follows: Ascertain the total number and the value of all cars of such equipment company, the total car-wheel mileage made by said cars in the United States, and the total car-wheel mileage in Georgia. Then tax such cars at the regular rate imposed upon property of this State in the same proportion to the entire value of such cars that the car-wheel mileage made in Georgia bears to the entire car-wheel mileage of said cars in the United States. The returns shall be made to the Comptroller-General by the president, general manager, agent, or person in control of such cars; and the Comptroller-General shall frame questions as will elicit the information

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and answers thereto shall be made under oath. If the officers above referred to in control of said cars shall fail or refuse to answer under oath the questions propounded, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such cars. If the taxes herein provided are not paid, the Comptroller-General shall issue executions against said equipment company, which may be levied by the sheriff of any county in this State upon any car or cars owned, leased, or operated by the company failing to pay the tax. Railroad equipment companies. Sec. 10. Railroad Returns and by whom made. Be it further enacted by the authority aforesaid, that the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the manner provided by law for the taxation of the property or the gross receipts or net income of such railroads, and shall pay the Comptroller-General the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act and the laws now in force relating to the tax on railroads; and on failure to make returns or refusals to pay tax, said company shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required, upon failure of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in Section 1050 of the Code of 1910, Volume 2. Returns of railroads. Sec. 11. Banks, Be it further enacted by the authority aforesaid, that no tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State, or the United States, located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or non-resident owners, shall be taxed in the county where the bank or banking association are located, and not elsewhere, at their full market value, including surplus and undivided profits, at the same rate provided in this Act for the taxation of other property in the hands of private individuals. Provided, that nothing in this section contained shall be construed

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to relieve such banks or banking associations from the tax on real estate held or owned by them, but they shall return said real estate at its true market value in the county where located. Provided further, that where real estate is fully paid for, the value at which it is returned for taxation may be deducted from the market value of their shares; and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the market value of their shares. The bank or banking associations themselves shall make the returns of the property and the shares therein mentioned and pay the taxes herein provided. Branch banks shall be taxed on the value of the capital employed in their operation, in the counties, municipalities, and districts in which they are located, and the parent bank shall be relieved of taxation to the extent of the capital set aside for the exclusive use of such branches. Banks. Sec. 12. Building and Loan Associations. Be it further enacted by the authority aforesaid, that mutual building and loan associations operating only in the county of their charter, and limiting their loans to members, shall not be assessed on their capital loaned to stockholders or members thereof. All other building and loan associations or other association of like character shall be required to return, to the tax-receiver of the county where such associations are located, all real and personal property of every kind and character belonging to such associations, except the real property located in another county shall be returned to the tax-receiver of that county. Building and loan associations. Sec. 13. Return by Resident Agents. Be it further enacted by the authority aforesaid, that the president and principal agents of all incorporated companies herein mentioned, except such as are required to make returns to tax-receivers of the counties, shall make returns to the Comptroller-General under the rules and regulations provided by law for such returns and subject to the same penalties and modes of procedure for the enforcement of

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taxes from companies or persons required by law to make returns to the Comptroller-General. Returns by Resident Agents. Sec. 14. Be it further enacted by the authority aforesaid, that it shall be the duty of the sheriffs, their deputies, and the constables of this State to look carefully after the collection of all taxes that may be due the State of Georgia under this Act, or any other special taxes due the State of Georgia. It shall be the duty of all tax-collectors and sheriffs and constables of this State to direct and see that all persons, firms, or corporations violating this Act or any of the tax acts of this State shall be prosecuted for all violations of the tax laws; and every person convicted for a violation of this Act or any of the special tax laws of Georgia, upon the information of any citizen of this State, one fourth of the fine imposed upon any person for violation of the tax laws shall, by order of said court, be paid to such informant or prosecutor. Duties of tax-collectors, sheriffs, etc. Sec. 15. Be it further enacted, that wherever in any section or paragraph of this Act the words in towns or cities occur, the same shall be construed to mean within one mile of villages, towns, or cities, unless otherwise specified. Meaning of in towns or cities, mile outside included. Sec. 16. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 25, 1927. ESTATES OF NON-RESIDENT DECEDENTS. No. 331. An Act to impose a tax upon the transfer, at death, of real estate and personal property within the jurisdiction of this State, belonging to non-resident decedents, 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,

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that a tax of two per centum of its actual value is hereby imposed upon the transfer of the following property of a non-resident decedent: Tax on transfer of property of non-resident decedent. a. Real or personal property or any interest therein within this State. b. Shares of stock or registered or coupon bonds or certificates of interest of corporations organized under the laws of this State, or of national banking associations located in this State, or joint stock companies or associations organized under the laws of this State. c. Such tax shall not apply to bonds of this State or any of its subdivisions, or on money deposited in a bank, trust company or other similar institution in this State, if such deposit is owned by a non-resident decedent. Sec. 2. Be it further enacted by the authority aforesaid, that the value of any property taxable under the provisions of this Act and the amount of tax imposed thereon shall be determined by the State Tax Commissioner, who shall give notice and an opportunity to be heard to the transferor, administrator, trustee, or other person liable for the payment thereof. The tax shall be imposed upon the transfer of the property situated within this State, and not upon the persons to whom the property is transferred. No deduction shall be allowed from the value of any property taxable under this Act, except an incumbrance upon real property in this State, or personal property held within this State as collateral or security for a loan. Valuation, how made. Deduction of incumbrance, etc. Sec. 3. Be it further enacted by the authority aforesaid, that all taxes imposed by this Act shall be due and payable at the time of the transfer, and shall be paid to the Comptroller-General of the State. If such tax is paid within six months of the death of the decedent a discount of five per centum shall be allowed and deducted therefrom. If such tax is not paid within eighteen months from date of death, interest shall be charged and collected at the rate of ten per centum from the date of death. The tax herein

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imposed shall be and remain a lien upon the property transferred until paid, and the transferor, executor, administrator, or trustee of the estate shall be personally liable for such tax. Time for payments Discount. Interest. Sec. 4. Be it further enacted by the authority aforesaid, that the State Tax Commissioner, with the approval of the Comptroller-General, shall have the power to prescribe such rules and regulations and forms not inconsistent with the terms of this Act as may be necessary to carry out the provisions of this Act. Authority to prescribe rules and forms. Sec. 5 Be it further enacted by the authority aforesaid, that the tax imposed by this Act on personal property (except tangible personal property having an actual situs in this State) shall not be payable if the laws of the State of residence of the decedent at the time of his death exempted residents of this State from transfer taxes or death taxes on such property. Exemption. 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, 1927. INHERITANCE-TAX ACT AMENDED. No. 344. An Act to amend the Georgia Inheritance-Tax Act, approved March 31, 1926, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 1 of the Act approved March 31, 1926, providing for the return and assessment of State inheritance taxes, be amended by adding at the end of said section 1 the following: Provided, that if after the filing of a duplicate return and the assessment of the State inheritance taxes the Federal authorities shall increase or

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decrease the amount of the Federal estate tax, an amended return shall be filed with the State Tax Commissioner, showing all changes made in the original return and the amount of increase or decrease in the Federal estate tax, and such official shall assess against said estate 80 per cent of the additional amount found to be due for Federal estate tax. In the event of a decrease in the Federal estate tax, the State shall refund to said estate its proportion of said decrease. Change of return, etc., after change of Federal estate tax. Sec. 2. Be it further enacted by the authority aforesaid, that section 2 of said Act be amended by striking therefrom the last sentence in said section, and inserting in lieu thereof the following: The Ordinary shall receive for his services the sum of $3.00 to be taxed as a part of the cost of administration. The tax assessed under the terms of this Act shall be paid direct to the Comptroller-General. Ordinary's fee. Tax payable to Comptroller-General. Sec. 3. Be it further enacted by the authority aforesaid, that section 4 of said Act be amended by striking from said section the words tax-collector of the county of the administration, and inserting in lieu thereof the words Comptroller-Genral. 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 20, 1927. MOTOR-FUEL DISTRIBUTORS. No. 378. An Act providing for an occupation tax upon all distributors of motor-fuels and kerosene engaged in business in this State, distributing two and one half cents per gallon of said motor-fuel tax for use in construction of the State-aid system of roads, and one cent to the several counties of this State; requiring such distributors to register, make returns, and give bond; providing penalties for violations 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 the terms used in this Act shall be construed as follows: Tax on distributors of motor-fuels and kerosene. Fuels as used in this Act shall include gasoline, benzol, naptha, and other fuels used in internal combustion engines, but shall not include any such articles which, under a distillation test conducted as prescribed by the bureau of mines of the United States Government for gasoline, will show the distillation of the first drop at a temperature of not less than 200 degrees Fahrenheit, and shall not include kerosene oil, or the distillates commonly known as crude fuel oils. Kerosene as used in this Act shall include the ordinary household petroleum oil used with wick burners for illuminating, heating, and cooking purposes. Fuels defined. Kerosene defined. Distributor as used in this Act shall include any person, association of persons, firm, corporation, and political subdivision of this State, (a) That imports or causes to be imported, and sells at wholesale or retail or otherwise within this State, any of the fuels or kerosene as specified above; or (b) That imports or causes to be imported, and withdraws for use within this State by himself or others, any of such fuels or kerosene from the tank-car or other original container or package in which imported into this State; or (c) That manufacturers, refines, produces, or compounds any of such fuels or kerosene within this State, and sells the same at wholesale or retail or otherwise within this State for use or consumption within this State. Distributor defined. The term distributor as used in this Act shall not include any retail dealer in such fuels or kerosene, or operator or proprietor of a gasoline filing-station or public garage or other place at which such fuels are sold, where such dealer or other person procures his entire supply thereof from a distributor as above defined, who has qualified as such as hereinafter provided. Sec. 2. Be it further enacted by the authority aforesaid that each distributor of fuels who engages in such business

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in this State shall pay an occupation tax of four cents per gallon, for each and every gallon of such fuels (1) imported and sold within this State, or (2) imported and withdrawn for use within this State, or (3) manufactured, refined, produced, or compounded within this State and sold for use or consumption within this State, or used and consumed within this State by the manufacturer, refiner, producer, or compounder. Nothing in this Act contained shall be so construed as to cause double taxtion on any of the products specified herein. Where kerosene or fuels are manufactured or refined in this State and shipped out of this State, and are brought back into this State and used or consumed, the respective taxes herein fixed shall be paid on such kerosene and fuels. Any manufacturer or refiner in this State may sell to any duly licensed distributor under the terms of this Act, and require the purchasing distributor to pay the tax herein imposed; provided, such manufacturer or refiner shall report all such sales to the Comptroller-General not later than the next business day after the shipment was made, giving full details of the sale, including quantity, the car initials and number if a carload shipment, date of shipment, and name and address of consignee. That the proceeds derived from said tax shall be distributed as follows: Two and one half (2) cents per gallon to the State-aid fund for use in construction on the State-aid system of roads, and one (1) cent per gallon to the several counties of this State, as now provided by law. The cent of said gas tax not allocated under the terms of this bill is hereby set aside to the public schools of said State for an equalization school fund. Tax on fuel distributors. Distribution of proceeds to road fund, counties, schools. Sec. 2A. Be it further enacted by the authority aforesaid, that each distributor of kerosene who engages in such business in this State shall pay an occupation tax of one (1) cent per gallon; the proceeds of such tax to be covered into the general treasury. All of the subsequent regulatory provisions of this Act, except the rate of tax, shall apply to distributors of kerosene. The (1) cent of kerosene oil tax levied under this section is hereby set aside to the public schools of said State for an equalization school fund. Tax on kerosene distributors. School fund.

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Sec. 3. Be it further enacted by the authority aforesaid, that every such distributor shall register with the Comptroller-General of this State on or before September 1st, 1927, and on or before the same day of the same month of each succeeding year, giving his or its name, place of business, and post-office address; and shall obtain from said Comptroller-General a license to do business as a distributor of motor-fuels and kerosene in this State. The Comptroller-General shall keep a well-bound book to be used for the purpose of registration as herein described. Registration with Comptroller-General. Sec. 4. Be it further enacted by the authority aforesaid, that such distributor shall keep and preserve all invoices of bills of fuels and kerosene sold for the period of one year, and submit the same to the Comptroller-General of this State, whenever required by him. Invoices. Sec. 5. Be it further enacted by the authority aforesaid, that all distributors of fuels and kerosene in this State shall make a monthly report, to the Comptroller-General of this State, of all fuels and kerosene sold or used by them. The first such return or report shall be made on or before October 20, 1927, and shall embrace and include all fuels and kerosene sold or used during the month of September, 1927, and a similar return or report shall be made on or before the 20th of each month thereafter, and shall embrace and include all fuels and kerosene sold or used during the immediately preceding calendar month. Said report or return shall show the number of gallons sold or used, and shall be sworn to before an officer of this State duly authorized to administer oaths. Monthly reports. Sec. 6. Be it further enacted by the authority aforesaid, that each distributor of fuels and kerosene engaged in such business in this State shall pay the occupation tax of four cents per gallon on fuels and one cent per gallon on kerosene, as herein provided, to the Comptroller-General of this State. The first such payment shall be made on or before October 20, 1927, and shall embrace and include the tax for all fuels and kerosene sold or used during the

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month of September, 1927; and on or before the 20th of each month thereafter he shall pay to the Comptroller-General said occupation tax on all fuels and kerosene sold or used during the immediately preceding calendar month. Payment to Comptroller-General. Sec. 7. Be it further enacted by the authority aforesaid, that from and after the passage of this Act each distributor of motor-fuels and kerosene engaged in such business in this State shall give a good and sufficient indemnifying bond, payable to the State of Georgia, in a sum not less than $25,000.00. Said bonds shall be for the payment of the occupation tax, the making of the monthly report and the annual registration as hereinbefore set forth, and for the full, complete, and faithful performance of all the requirements of this Act. Said bond shall be made by a surety company authorized to do business in this State, and the cost of same shall be paid by the distributor. Provided further, that when a distributor collects less than $25,000.00 per month in taxes due the State, his bond shall be fixed in the discretion of the Comptroller-General of the State. Bond by distributor. Sec. 8. Be it further enacted by the authority aforesaid, that any distributor who shall fail to register, or make monthly returns, or give bond, or pay the tax, as herein provided, or who shall fail to do any other act in this Act required, shall be guilty of a misdemeanor and shall be punished as provided in Section 1065 of the Penal Code of Georgia. Penalty. Sec. 9. Be it further enacted by the authority aforesaid, that if any portion of this Act shall be declared unconstitutional or void, it shall not vitiate or affect the remaining portions of said Act, but same shall remain and be valid and of full force and effect. Act not invalidated by void part. Sec. 10. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative on, from and after September 1st, 1927. Effective Sept. 1, 1927. 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 24, 1927.

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TITLE III. AMENDMENTS TO CONSTITUTION. ACTS. Columbus Street Improvement Bonds. Judge's Salary Increase in Eastern Circuit. Justices' Courts, Abolition of, in Certain Counties. La Grange Waterworks Bonded Debt. Secretary of State, Comptroller-General, Treesurer; Authority, Duties, Salaries, etc. Temporary Loans by Three Counties. Ware County Bonded Debt Increase. Zoning Laws in Cities. COLUMBUS STREET-IMPROVEMENT BONDS. No. 107. An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, by adding thereto the provision that the City of Columbus may issue and sell `street improvement bonds' without the assent of two thirds of the qualified voters at an election called thereon, but upon a majority vote of the members of its governing body, and with the limitations herein set forth. Section 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 subparagraph in the following words, to-wit: Provided that the City of Columbus may issue and sell `street-improvement bonds' without the said assent of two thirds of the qualified voters at an election called thereon, but upon a majority vote of the members of its governing body, with

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these limitations: First, the terms of such bonds shall in no case exceed ten years. Second, the amount of each issue shall be limited to the amount assessed by such municipality upon each improvement. Third, these bonds shall be issued only for the grading, including curbs and gutters, or paving or repaving of streets or portions of streets or sidewalks. Fourth, the interest thereon shall not exceed six per centum per annum. Fifth, these bonds may be issued without regard to the amount of other outstanding debts or bonds of such municipality. Sixth, these bonds not to be issued except in case such grading, including curbs and gutters, pavement, or repavement has been petitioned for in writing by the owners of more than fifty per cent. of the property abutting on the street or portion of street paved or repaved. Art. 7, Sec. 7, Par. 1, amended. Street improvement bonds issuable on majority vote of governing body. Terms and limit of bonds, interest, etc. Sec. 2. Be it further enacted by the authority aforesaid, that when said proposed amendment shall have been 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 upon their ballots the words, For ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Columbus to issue and sell `street-improvement bonds,' upon a majority vote of the members of its governing body, provided each bond shall run for a period not exceeding ten years, shall be limited to the amount assessed by such municipality upon each improvement, shall be issued only for the grading including curbs and gutters, or paving, or repaving of streets or portions of streets or sidewalks, and that interest thereon shall not exceed six per centum per annum; furthermore, these bonds to be issued and sold without regard to

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the amount of other outstanding debts or bonds of such municipality. All persons voting at said election in opposition 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, so as to authorize the City of Columbus to issue and sell `street-improvement bonds,' upon a majority vote of the members of its governing body, provided each bond shall run for a period not exceeding ten years, shall be limited to the amount assessed by such municipality upon each improvement, shall be issued only for the grading, including curbs and gutters, or paving, or repaving of streets or portions of streets or sidewalks, and that interest thereon shall not exceed six per centum per annum; furthermore, these bonds to be issued and sold without regard to the amount of other outstanding debts or bonds of such municipality. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the returns shall be consolidated as now required 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 thereof as provided by law. Publication. Submission to popular vote. Form of ballot. Proclamation. Approved August 2, 1927. JUDGE'S SALARY INCREASE IN EASTERN CIRCUIT. No. 316. An Act to amend Paragraph 1 of Section 13 of Article 6 of the Constitution of Georgia, regulating the salaries of the judges of the Superior Court, by providing for the payment from the county Treasury of Chatham County to the judge of the eastern Judicial Circuit of Georgia an additional compensation; and for other purposes.

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Section 1. The General Assembly of the State of Georgia hereby proposed 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 striking after the words Provided, that the County of Chatham shall, from its treasury, pay to the Judge of the Superior Courts of the Eastern Circuit the words and figures $3,000.00 per annum, and substitute in lieu thereof the words and figures $5,000.00 per annum, so that said proviso when amended shall read: Provided, that the County of Chatham shall, from its treasury, pay to the Judge of the Superior Court of the Eastern Circuit $5,000.00 per annum; said payments are hereby declared to be a part of the court expenses of said county, and shall be made to the judge now in office, as well as his successors. Act. 6, Sec. 13, Par. 1, amended. Judge's Salary increase, to be paid by Chatham county. 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 person 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 thirteen of Article six of the Constitution, providing for additional compensation to be paid by Chatham County to the judges of the circuit of

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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. Submission to popular vote. Form of ballot. Proclamation. Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith are repealed. Approved August 20, 1927. LaGRANGE WATERWORKS BONDED DEBT. No. 363. An Act to amend paragraph 1 of section 7 of article 7 of the Constitution of this State, as now amended, so as to provide for allowing the City of LaGrange to increase its bonded indebtedness, in addition to and separate from the amount of debts heretofore allowed under said paragraph under certain circumstances, for the purpose of purchasing, repairing, or building a water-works system. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that paragraph 1 of section 7 of article 7 of the Constitution of this State, as now amended, is hereby amended by adding at the end of said paragraph the following: Except that the City of LaGrange, from time to time as necessary for the purpose of repairing, purchasing, or constructing a waterworks system, including all necessary pipe-line, pumping-stations, reservoirs, or anything else that may be necessary for the building, constructing, or operating a waterworks system for the City of LaGrange, may incur a bonded indebtedness in addition to and separate

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from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of five hundred thousand ($500 000.00) dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of LaGrange; so that said paragraph of the Constitution when amended shall read as follows: Art. 7. Sec. 7, Par. 1, amended. LaGrange authorized to increse bonded debt, for waterworks. Paragraph 1. The debt hereafter incurred by any county, municipal corporation, or political division of this State, except as in this Constitution provided for, shall not exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality, or division shall incur any new debt, except for temporary loan or loans to supply casual deficiencies of revenue, not to exceed one fifth of one per centum of the annual value of taxable property therein, without the assent of two thirds of the qualified voters thereof at an election for [Illegible Text] purpose, to be held as may be prescribed by law; but any city, the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution, may be authorized by law to increase, at any time, the amount of said debt three per centum upon such assessed valuation; except that the City of Augusta, from time to time, as necessary for the purpose of protection against flood, may incur a bonded indebtedness upon its power producing canal and municipal waterworks, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties, the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not

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to be incurred except with the assent of two thirds of the qualified voters of said city at an election [Illegible Text] elections for that purpose to be held as may be now or may hereafter be prescribed by law for the incurring of new debts by the said City Council of Augusta; except that the City of West Point, from time to time as may be necessary for the purpose of protection against floods, may incur a bonded indebtedness in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of seven hundred and fifty thousand dollars, and such indebtedness not to be incurred except with the assent of two thirds of the qualified voters of such city at an election or elections to be held as may now or hereafter prescribed by law for the incurring of new debts by said City of West Point. Except that the City of LaGrange, from time to time as necessary for the purpose of repairing, purchasing or constructing waterworks system, including all necessary pipe-line, pumping-stations, reservoirs, or anything else that may be necessary for the building, or construct ng or operating a waterworks system for the City of LaGrange, may incur a bonded indebtedness in and in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an [Illegible Text] in the aggregate not exceeding the sum of five hundred thousand ($500,000.00) dollars, and such indebtedness not to be incurred except with the assent of two thirds of the qualified [Illegible Text] of such city at an election or elections to be held as may be now or may hereafter prescribed by law for the incurring of new debts by said City of LaGrange. To read as amended. Sec. 2. Be it further enacted by the authority of aforesaid, that whenever the above proposed amendment to the Constitution shall be agreed to by two thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed, to cause said amendment to be published in at least two newspapers

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in each Congressional District in this State for a period of two months next preceding the time of holding the next general election. Publication. Sec. 3. Be it further enacted by the authority aforesaid, that the above-proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is now entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots, For amendment allowing City of LaGrange to increase its bonded indebtedness for waterworks system, and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words, Against the amendment allowing the City of LaGrange to increase its bonded indebtedness for waterworks system. Submission to popular vote. Form of ballot. Sec. 4. Be it further enacted by the authority aforesaid, that the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily newspapers of this State, announcing such results and declaring the amendment ratified. Proclamation. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 23, 1927.

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JUSTICES' COURTS, ABOLITION OF. No. 321. An Act to amend Article 6, Section 7, of the Constitution of this State, which provided that there shall be in each militia district one justice of the peace, and which further provided that the legislature may abolish justice courts and the office of the justice of the peace and of notary public ex-officio justice of the peace in certain cities, and establish in lieu thereof such court or courts or system of courts as the General Assembly may deem necessary, and to provide for the jurisdiction of such courts, and for rules of procedure therein, so as to provide that the legislature may abolish justice courts, the office of justice of the peace, and of notary public ex-officio justice of the peace in certain counties, and establish in lieu thereof such court or courts or system of courts as the General Assembly may deem necessary, to provide for the jurisdiction of such courts, and for rules of procedure therein, and for the correction of errors in and by said courts by the superior or Supreme Court or Court of Appeals; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 6, Section 7, of the Constitution of this State be and the same is hereby amended by adding to paragraph one of said section the following words, to wit: And provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may in its discretion deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace;

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together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts; and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. The Municipal Court of Atlanta shall have jurisdiction in Fulton County and outside the city limits of Atlanta, either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section 9 of Article 6 of the Constitution of Georgia. Provided that nothing herein contained shall apply to Richmond County; so that said section, when amended, shall read as follows: Art. 6, Sec. 7, Par. 1, amended. Authority to abolish justices' courts and confer jurisdiction on other courts in counties with city of over 20,000 people. Jurisdiction of Municipal Court of Atlanta. Not to apply to Richmond county. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be four years; provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts,

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and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section 9 of Article 6 of the Constitution of Georgia. And provided, however, that the General Assembly, in its discretion, may abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The Municipal Court of Atlanta shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section 9 of Article 6 of the Constitution of Georgia. Provided that nothing herein contained shall apply to Richmond County. To read as amended. Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a

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two-thirds of the members elected to each House, it shall be entered upon the Journal of each House, with the yeas and nays thereon, and published in one or more newspapers in each Congressional District in said State for two months previous to the time for holding the next general election, and shall at the next general election be submitted to the people of the State 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 6, Section 7, of the Constitution, authorizing the establishment of other courts in certain counties, in lieu of justice courts, 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 6, Section 7, of the Constitution, authorizing the establishment of other courts in certain counties in lieu of justice courts; and if the majority of the electors qualified to vote for the members of the General Assembly, voting thereon, * * Words, shall vote for ratification thereof, when the returns, omitted in the enrolled, engrossed, and journal copies of this Act.Compiler. shall be consolidated, as now required by law in elections for members of the General Assembly, and return made thereof to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Publication Submission to popular vote. Form of ballot. Proclamation. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927.

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SECRETARY OF STATE, COMPTROLLER-GENERAL, TREASURER; AUTHORITY, DUTIES, SALARIES, ETC. No. 332. An Act to propose to the qualified voters of this State an amendment to Article 5, Section 2, of the Constitution of this State, by striking therefrom paragraphs two, three, and four, and inserting a paragraph authorizing the General Assembly to prescribe the duties, authority, and salaries of the Secretary of State, Comptroller-General and Treasurer, to provide help and expenses necessary for the operation of the departments of each, and for other purposes. Section 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 5, Section 2, of the Constitution of the State of Georgia be and the same is hereby amended by striking from Article 5, Section 2, paragraph two, three, and four in their entirety, and inserting in lieu of said paragraphs two, three and four a paragraph to be known as paragraph two and to read as follows, to wit: The General Assembly shall have power to prescribe the duties, authority, and salaries of the Secretary of State, Comptroller-General, and Treasurer, and to provide help and expenses necessary for the operation of the department of each. Art. 5, Sec. 2, amended by substituting new Par. 2 for paragraphs 2, 3, 4. Power of General Assembly as to salaries, etc. Sec. 2. Be it further enacted by the authority aforesaid that when said amendment 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 of holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballot

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the words, For ratification of an amendment to Article 5, Section 2, of the Constitution, striking therefrom paragraphs two, three, and four of article 5, section 2, and authorizing the General Assembly to prescribe the duties, authority, and salaries of the Secretary of State, Comptroller-General, and Treasurer, and to provide help and expenses necessary for the operation of the departments of each, and all persons voting at said election opposed to adopting said amendment shall have written or printed on their ballots the words, Against ratification of an amendment to Article 5, Section 2, of the Constitution, striking therefrom paragraphs two, three, and four in their entirety, and authorizing the General Assembly to prescribe the duties, authority, and salaries of the Secretary of State, Comptroller-General, and Treasurer, and to provide help and expenses necessary for the operation of the departments of each, 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 the election of the members of the General Assembly, that said amendment shall become a part of Article 5, Section 2, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. Publication. Submission to popular vote. Form of ballot. Proclamation. Sec. 3. Be it further enacted that all laws or part of laws in conflict be and the same are hereby repealed. Approved August 20, 1927. TEMPORARY LOANS BY THREE COUNTIES. No. 391. An Act to propose to the qualified voters of Georgia an amendment to Article seven, Section seven, Paragraph one, of the Constitution of Georgia, so as to authorize Fulton County, and/or Chatham County, and/or Richmond County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one

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time; to provide that said loans must be paid off out of the taxes received by the county in the year in which said loans are made; and for other purposes. Section 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 seven, Section seven, Paragraph one, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to wit: And except that Fulton County, and/or Chatham County, and/or Richmond County may, in addition to the debts hereinbefore allowed, make temporary loans between March 1st and December 1st in each year, to be paid out of the taxes received by the county in that year, said loans to be evidenced by promissory notes signed by the chairman and clerk of the board having charge of the levying of taxes in said county and previously authorized by resolution by a majority vote at a regular monthly meeting of such board entered on the minutes. The aggregate amount of said loans outstanding at any one time shall not exceed fifty per cent. of the total gross income of the county from taxes and other sources in the preceding year, and no new loans shall be made in one year until all loans made in the previous year have been paid in full. Art. 7, Sec. 7, Par. 1, amended. Power of Fulton, Chatham and Richmond counties as to temporary loans. 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 in this State for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article seven, Section seven, Paragraph one, of the Constitution,

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authorizing Fulton County, and/or Chatham County, * * Words, and/or Richmond County, omitted at this place in the enrolled and engrossed copies of this Act.Compiler. to make temporary loans, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment of Article seven, Section seven, Paragraph one, of the Constitution, authorizing Fulton County and/or Chatham County to make temporary loans, 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, the said amendment shall become a part of Article seven, Section seven, Paragraph one of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law. Publication. ubmission to popular votes. Form of ballot. Proclamation. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 25, 1927. WARE COUNTY BONDED DEBT INCREASE. No. 370. An Act to propose to the qualified voters of Georgia an amendment to Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, so as to authorize an increase in the bonded indebtedness of the County of Ware, State of Georgia, in the sum of two hundred and fifty thousand dollars in addition to the debts hereinbefore in this paragraph allowed to be incurred, for the purpose of acquiring a site in Waycross, or outside Waycross, in Ware County, Georgia, and building, constructing, and equipping thereon a hospital, and to provide how the power conferred by this amendment shall be exercised, 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 Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to wit: And except that the County of Ware may be authorized to increase its bonded indebtedness in the sum of two hundred and fifty thousand dollars in addition to the debts hereinbefore in this paragraph allowed to be incurred, 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 denominations as may be determined by the county authorities of said county, to be signed by the commissioner of roads and revenues of said county, and the clerk of said commissioner, and shall be known and designated as Hospital Construction and Equipment bonds, and which said bonds shall be sold, and the proceeds thereof used and handled by the commissioner aforesaid, acting with the clerk and ordinary, or by a committee or commission selected, appointed, and qualified in such way or method as such county authority may designate. The proceeds of all bonds issued and sold under this authority shall be used for the purpose of acquiring a hospital-site in the City of Waycross, or outside of Waycross, in Ware County, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided those in need of such. The power conferred by this amendment shall be exercised under such rules and regulations respecting the acquiring of a site, the building and equipping of said hospital, as well as the operation of the same, providing for payment for such medical and surgical treatment and care in such hospital, excepting only charity cases as the county authorities acting alone or in conjuction with the Waycross medical society may deem meet and proper. Art. 7, Sec. 7, Par. 1, amended. Authority of Ware County to increase bonded debt for hospital. Sec. 2. Be it further enacted by the authority aforesaid, that whenever the above-proposed amendment to

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the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the ayes and nays taken thereon, the Governor shall and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general elections. Publication. Sec. 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for the members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For amendment allowing the County of Ware to increase its bonded indebtedness for the purpose of acquiring of hospital-site in Waycross, or outside of Waycross in Ware County, Georgia, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided for those in need of such, and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words: Against the amendment allowing the County of Ware to increase its bonded indebtedness for the purpose of acquiring a hospital-site in Waycross, or outside Waycross in Ware County, Georgia, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided for those in need of such. Submission to popular vote. Form of ballot. Sec. 4. Be it further enacted by the authority aforesaid, that the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people

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as required by the Constitution of this State in Paragraph one of Section one of Article thirteen, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Proclamation. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. ZONING LAWS IN CITIES. No. 393. An Act to propose to the qualified voters of Georgia an amendment to Article 3, Section 7, of the Constitution of said State, by adding thereto an additional paragraph numbered 25, which shall authorize the General Assembly of said State to grant to the governing authorities of the cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, and cities having a population of 25,000 or more inhabitants according to the United States Census of 1920 or any future census, authority to pass zoning planning laws whereby such cities may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize said municipalities to pass zoning and planning laws.

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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 Article 3, Section 7, of the Constitution of Georgia may be amended by adding thereto the following paragraph, to wit: Art. 3. Sec. 7. amended: Par. 25 added. Paragraph 25. The General Assembly of the State shall have authority to grant to the governing authorities of the cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, and cities having a population of 25,000 or more inhabitants according to the United States Census of 1920 or any future census, authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize the cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, to pass zoning and planning laws. Authority of certain cities to pass zoning laws. Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by twothirds 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 prior 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

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Article 3, Section 7, by adding Paragraph 25 authorizing the legislature to grant to the governing authorities of Atlanta, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census to pass zoning and planning laws, and all persons opposed to the addition of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article 3, Section 7, by adding Paragraph 25, authorizing the legislature to grant to the governing authorities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, to pass zoning and planning laws, and if a majority of the said electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for the 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 3, Section 7, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. Publication. Submission to popular vote. Form of ballot. Proclamation.

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TITLE IV. CODE AMENDMENTS. ACTS. Civil, 80. Hours for Election Precincts. 232, 233. Bond Commissioner and Assistant. 461. Validation of County and Municipal Bonds. 1041. Railroad Tax: Affidavit of Illegality. 1225. Tax-Collectors ex-officio Sheriffs in Certain Counties (two Acts.) 1249. State Depository in Buchanan. State Depository in Dexter. State Depository in Glennville. 2177. See Persons of Color, etc., under Title 7, infra. 2936. See Marriage Licenses, under Title 7, [Illegible Text] 224. 3016. Adoption of Children. Penal. 227. Firing of Woods. 876. Bailiffs' Salaries in Certain Counties. 1037. Husband or Wife as Witness. 1138. Jury Commissioners' Compensation. HOURS FOR ELECTION PRECINCTS. No. 325. An Act to amend section 80 of the Civil Code of Georgia (1910), providing how and when elections shall be held, by adding a new section and numbering said new section 80(b), providing the hours that certain election precincts shall remain open, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after passage of this Act, section 80 of the Civil Code of Georgia (1910) be and the same is hereby amended by adding a new section, numbered 80 (b), which shall read as follows: C. C. 80 amended by adding 80 (b). Sec. 2. In all counties in the State of Georgia, having, by the United States census of 1920 or any future census,

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a population of not less than 14,501 and not more than 14,505 inhabitants, all election precincts which are located as a whole or in part in an incorporated city or town having a population of 1,000 or more according to the 1920 census of the United States, shall remain open on all election days, whether general, special, primary or otherwise, from 7:00 o'clock a. m. to 6:00 o'clock p. m.; provided however, that the provisions of this Act shall not apply to elections that are held by the municipal authorities or the local board of education. Election hours in certain precincts. 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, 1927. BOND COMMISSIONER AND ASSISTANT. No. 174. An Act to amend sections 232 and 233 of the Civil Code of 1910 relating to the State Treasurer ex-officio Bond Commissioner, and the Assistant Bond Commissioner, by fixing the salaries of the ex-officio Bond Commissioner and the Assistant Bond Commissioner, and providing for the payment of the same, by prescribing [Illegible Text] duties, by providing for clerical assistance, and by providing for disposition of fees collected by such officials, and for other 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 232 of the Civil Code of 1910 be and the same is hereby amended by striking all of said section after the word State in the second line of said section, and inserting in lieu thereof the following: and as such he shall receive a salary of $1,200.00 per annum; and he is hereby authorized to appoint the chief clerk in the Treasury Deparzment, or some other fit and competent

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person, to be assistant Bond Commissioner, and said assistant shall receive a salary of $1,200.00 per annum; the said Bond Commissioner shall be allowed such sum as may be necessary, not to exceed the sum of $10,000.00 per annum, for clerical assistance in performing the duties of his office, which said sum, together with the salaries of the Bond Commissioner and Assistant Bond Commissioner, shall be paid from the State Treasury; it shall be the duty of the Bond Commissioner and his assistant to receive, file, record, care and provide for the deposit of bonds or other securities offered for deposit as the law may direct, so that said section 232 when amended will read as follows: C. C. 232 amended. Bond Commissioner and assistant; salaries. 232. State treasurer ex-officio Bond Commissioner. The State Treasurer shall be ex-officio Bond Commissioner of this State, and as such he shall receive a salary of $1,200.00 per annum; and he is hereby authorized to appoint the chief clerk in the treasury department, or some other fit and competent person, to be Assistant Bond Commissioner, and said assistant shall receive a salary of $1,200.00 per annum; the said Bond Commissioner shall be allowed such sum as may be necessary, not to exceed the sum of $10,000.00 per annum, for clerical assistance in performing the duties of his office, which said sum, together with the salaries of the Bond Commissioner and the Assistant Bond Commissioner, shall be paid from the State Treasury; it shall be the duty of the Bond Commissioner and his assistant to receive, file, record, care and provide for the deposit of bonds or other securities offered for deposit as the law may direct. To read. Sec. 2. Be it further enacted by the authority aforesaid, that section 233 of the Civil Code of 1910 be and the same is hereby amended by striking from said section the following language, beginning with the word that in line 11 of said section, and ending with the word treasury in line 13 of said section, to wit, that if the total amount exceeds $800, the surplus shall be covered into the general funds of the treasury, and substituting in lieu thereof the following language, to wit, all fees collected

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as aforesaid shall be paid into the general funds of [Illegible Text] State Treasury, and by striking from said section 233 all of the following language at the end of said section, All fees collected [Illegible Text] aforesaid shall be held as a separate and distinct fund, to be disbursed only for the salary of the said Assistant Bond Commissioner, as provided [Illegible Text] in the preceding section, and for the payment of premium on personal bond required from said Assistant Bond Commissioner, and for other expenses of the bond department, so that said section 233, when amended will read as follows: C. C. 233 amended as to disposition of fees. Sec. 233. Fees of commissioner. Each and every depositing corporation or individual of whatever name or class, which now has or may hereafter have on deposit bonds or other securities, as the law provides, is hereby required, within sixty days from and after August 14th, 1909, and thereafter on or before January 15th of each year, to pay the said bond commissioner the following schedules of fees, namely: Bonds or other securities aggregating not over $5,000.00, $2.00; not over $10,000.00, $3.75; not over $25,000.00, $7.50; not over $50,000.00, $12.50; not over $100,000.00, $20.00; more than $100,000.00, $25.00; provided, however, that the W. A. R. R. lessees shall be exempt from the operation of this section. All fees collected as aforesaid shall be paid into the general funds of the State Treasury. In default of the payment of the fees herein prescribed, the bond commissioner shall refuse to accept the deposits required by law to be made, and shall not certify their acceptance until the fee is fully paid each year as herein provided, but shall report said default to the insurance commissioner, who shall suspend or revoke the license of said delinquent company or individual until the fee required under this section is fully paid. To read. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1927.

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VALIDATION OF COUNTY AND MUNICIPAL BONDS. No. 188. An Act to amend section 461 of the Civil Code of Georgia of 1910, providing for the validation of county and municipal refunding bonds, by striking from the fifth and sixth lines of said section the words, between the adoption of the Constitution of 1877 and the passage of the Act approved December 6th, 1897, 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 461 of the Civil Code of Georgia of 1910 be and the same is hereby amended by striking from the fifth and sixth lines of said section the words between the adoption of the Constitution of 1877 and the passage of the Act approved December 6th, 1897, so that said section when so amended shall read as follows: C. C. 461 amended. Words stricken. Sec. 461. Bonds for refunding or paying off prior issue. Any county or municipality, desiring to validate any issue of bonds proposed to be issued for the purpose of refunding or paying off and discharging a prior issue of bonds issued by such county or municipality, may have the same validated before issuing, in the manner hereinbefore provided, by presenting a petition to the solicitor-general of the circuit in which said county or municipality is located, or to the attorney-general of the State of Georgia when the solicitor-general is absent from his circuit, setting forth a full description of the bonds to be issued, as well as the bonds to be paid off by such refunding issue, with a full copy of the resolution and all proceedings authorizing the original issue of said bonds sought to be paid off by the refunding issue, also resolutions and proceedings authorizing the refunding issue of bonds. Such petition being presented to the solicitor-general, or the attorney-general, as the case may be, it shall be the duty of such officer to bring proceedings for the validation of such

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issue of refunding bonds in the matter hereinbefore provided, save and except that in such cases the county or municipality seeking the validation of such bonds shall pay all court costs, and the fee of $25.00 to the solicitor-general. But no bonds shall be allowed validated hereunder that have been issued for a bonded debt created since the Constitution of 1877 To read. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 11, 1927. BAILIFFS' SALARIES IN CERTAIN COUNTIES. * * See Acts on pages 193, 194, post.Compiler. No 204. An Act to amend an Act approved August 19th, 1925 (Georgia Laws, 1925, page 100) amending section 876 of the Penal Code of Georgia, as amended, so as to fix the salaries and compensation of court bailiffs in counties having a population of 200,000 or more, and providing an increase in salaries and compensation of court bailiffs in said counties, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that on and after the passage of this Act, section 1 of the Act approved August 9th, 1925 (Georgia Laws 1925, page 100), amending section 876 of the Penal Code of the State of Georgia, as amended, be and the same is hereby further amended by striking the figures $150.00 in the ninth line of said section, and inserting in lieu thereof the figures $200.00 P. C. 876 amended. Pay increased in certain counties. Sec. 2. Be it further enacted by the authority aforesaid, that section 2 of said Act approved August 9th, 1925, be and the same is hereby amended by striking the figures $150.00 from the 11th line of said section 2, and inserting

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in lieu thereof the figures $200.00, and by striking the word deputies in the 4th line thereof and inserting in lieu thereof the word bailiff; so that said section 2, when amended, shall read as follows: To read. The first grand jury empaneled 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 $200.00 per month, provided the commissioners of roads and revenues, or other authority having control of the county finances of such counties, shall first approve the payment of such salaries and the number of court bailiffs to be employed in each court, and the same compensation 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. 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 be and the same are hereby repealed. Approved August 15, 1927. RAILROAD TAX; AFFIDAVIT OF ILLEGALITY. No. 91. An Act to amend section 1041 of the Code of Georgia of 1910, as heretofore amended by Act approved August 19, 1916, by providing that in addition to the president of a railroad company which shall dispute its liability

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to any county tax, affidavit of illegality may also be made by other officer thereof having knowledge of the facts. Section 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 1041 of the Code of 1910, as amended by Act of the Legislature approved August 19, 1916, be further amended by inserting and adding after the words president of said railroad, where the same occur in said section, the words, or other officer thereof having knowledge of the facts, so that said section, when amended by this Act, shall read as follows: C. C. 1041 amended. Officers who may make affidavit. If any railroad company shall dispute the liability to such county tax, it may be done by an affidavit of illegality, to be made by the president of said railroad, or other officer thereof having knowledge of the facts, in the same manner as other affidavits of illegality are made, and shall be returned for trial to the superior court of the county where such tax is claimed to be owing and where it is sought to be collected, where such cases shall be given precedence for trial over all other cases, except tax cases in which the State shall be a party. To read. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1927. TAX-COLLECTORS EX-OFFICIO SHERIFFS IN CERTAIN COUNTIES. No. 264. An Act to amend section 1225 of the Civil Code of Georgia of 1910, which section provides that tax-collectors in counties containing a population of one hundred and twenty-five thousand or more shall be ex-officio sheriffs in so far as to enable them to collect the taxes due the State and county by levy and sale under tax executions,

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by providing that the provisions of said section shall be applicable to counties having a population of not less than 26,133 and not more than 26,200, according to the census of 1920 or any future census. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section 1225 of the Civil Code of Georgia, as amended by the Acts of 1915, page 11, be and the same is hereby amended by inserting in the first sentence of said section, immediately after the words one hundred twenty-five thousand or more, the following: And the tax-collectors of counties having a population of not less than 26,133 and not more than 26,200, according to the census of 1920 or any future census, so that said section as amended shall read as follows: Collector ex-officio sheriff in some counties. The tax-collectors of counties which contain a population of one hundred and twenty-five thousand or more and the tax-collectors of counties having a population of not less than 26,133 and not more than 26,200, according to the census of 1920 or any future census, shall be ex-officio sheriffs insofar as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and said tax-collectors shall not turn over any tax executions to the sheriffs, or to any other levying officials of the said State, except when it may become necessary, for the purpose of enforcing the same, to send said executions to any other county or counties than that in which issued; but said tax-collectors, by virtue of their office, shall have full power and authority to levy all tax executions heretofore or hereafter to be issued by them in their respective counties; and the compensation of said tax-collectors shall not exceed fifty cents for issuing each fi. fa., and for levying and selling the same fees as are now allowed by law to the sheriffs of said State; and said tax-collectors shall have full power to bring property to sale, and sales made by them shall be valid, and shall convey the title to property thus sold as fully and completely as if made by the sheriffs of said counties. C. C. 1225 amended. Tax-collector ex-officio sheriff in some counties. To read.

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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 18, 1927. TAX-COLLECTORS EX-OFFICIO SHERIFFS IN CERTAIN COUNTIES. No. 269. An Act to amend section 1225 of the Civil Code of Georgia of 1910, which section provides that tax-collectors in counties containing a population of one hundred and twenty-five thousand or more shall be ex-officio sheriffs in so far as to enable them to collect the taxes due the State and county by levy and sale under tax executions, by providing that the provisions of said section shall be applicable to counties having within their borders in whole or in part a city having a population of two hundred thousand or more, according to the census of 1920 or any future census. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section 1225 of the Civil Code of Georgia, as amended by the Acts of 1915, page 11, be and the same is hereby amended by inserting in the first sentence of said section, immediately after the words one hundred twenty-five thousand or more, the following: And the tax-collectors of counties which contain within their borders the whole or a part of a city having a population of two hundred thousand or more, according to the census of 1920 or any future census, so that said section as amended shall read as follows: C. C. 1225 amended. Tax-collectors ex-officio sheriffs in some counties. Collector ex-officio sheriff in some counties. The tax-collectors of counties which contain a population of one hundred and twenty-five thousand or more and the tax-collectors of counties which contain within their borders

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the whole or a part of a city having a population of two hundred thousand or more, according to the census of 1920 or any future census, shall be ex-officio sheriffs in so far as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and said tax-collectors shall not turn over any tax executions to the sheriffs or to any other levying officials of the said State, except when it may become necessary, for the purpose of enforcing the same, to send said executions to any other county or counties than that in which issued; but said tax-collectors, by virtue of their office, shall have full power and authority to levy all tax executions heretofore or hereafter to be issued by them in their respective counties; and the compensation of said tax-collectors shall not exceed fifty cents for issuing each fi. fa., and for levying and selling the same fees as are now allowed by law to the sheriffs of said State; and said tax-collectors shall have full power to bring property to sale, and sales made by them be valid, and shall convey the title to property thus sold as fully and completely as if made by the sheriffs of said counties. Sec. 2. Be it further enacted by authority of the same that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1927. STATE DEPOSITORY IN BUCHANAN. No. 45. An Act to amend section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named, so as to add the City of Buchanan in the County of Haralson, State of Georgia, to a list of such cities and towns, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, that section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection of depositories by the Governor, of banks in certain cities and towns thereof named as State depositories, and the several Acts of the General Assembly amendatory thereof, be and the same are hereby amended so as to add the City of Buchanan in the County of Haralson, State of Georgia, to the list of such cities and towns. C. C. 1249 amended. Depository in Buchanan. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. STATE DEPOSITORY IN DEXTER. No. 93. An Act to amend section 1249 of the Code of 1910 and all Acts amendatory, so as to add the Town of Dexter to the list of towns and cities therein provided as State depositories; 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 1249 of the code of 1910, which provides the towns and cities in which the Governor shall name and appoint State depositories, be and the same is hereby amended so as to add the Town of Dexter, to the list of towns and cities therein stated. So that said section when amended shall read as at present, with the words Town of Dexter added thereto. C. C. 1249 amended. Depository in Dexter. 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 hereby repealed. Approved August 1, 1927.

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STATE DEPOSITORY IN GLENNVILLE. No. 21. 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 Glennville in the County of Tattnall and State of Georgia to the list of such cities and towns, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 1249 of volume 1 of the Code of 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 amendatory thereof, be and the same is hereby amended so as to add the City of Glennville in the County of Tattnall and State of Georgia to the list of such cities and towns. C. C. 1249 amended. Depository in Glennville. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. ADOPTION OF CHILDREN. No. 154. An Act to amend section 3016 of the Civil Code of 1910, governing the mode of adoption, by adding at the end of said section certain regulations concerning the method of legal adoption in this State, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section 3016 of the Civil Code of Georgia of 1910 be and the same is hereby amended by adding at the end of said section the following: C. C. 3016 amended.

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(a) Provided, that no person may adopt a child under this Act unless such person is (1) at least twenty-five years of age, or (2) married and living with husband or wife. The petitioner must be at least ten years older than the child, a resident of this State, and financially able and morally fit to have the care of the child. If the child is 14 years of age or over, his consent shall be necessary to the adoption. Adoption of child: who may adopt. Consent of child. (b) The petition, duly verified in duplicate, shall be filed jointly by husband and wife, unless the person desiring to adopt is unmarried, and shall contain the name and age of the child, the address and age of the petitioner, the name by which the child is to be known, whether the parents are living or not, names and addresses of the living parents or guardians, if known to the petitioner, and a description of any property belonging to said child. Petition, what required. (c) Upon the filing of the petition the court shall issue summons to the next of kin, parents or guardians, brothers and sisters, if living within the State, and legal notice if a non-resident by service if possible, otherwise by publication once a week for four weeks in the official organ of the county where such proceedings are pending. After the expiration of thirty days from the date of filing of the petition, the case shall be placed upon the regular calendar of the court for a hearing before the judge without a jury, and the court shall hear evidence from witnesses as to the good character, moral fitness, and financial ability of the petitioner to care for the child, as well as all other allegations in the petition. When a child has been awarded by court order, or otherwise legally and permanently surrendered, to the custody of a licensed child-placing agency for permanent placing in a foster home, such agency shall be served with summons in lieu of parents and relatives, and the written consent of such agency shall be filed with the court before adoption can be granted. Notice to next of kin, etc. Hearing by judge; evidence. Child in custody of child-placing agency. (d) Upon the first hearing the court may pass an order only granting temporary custody of the child to the petitioner

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Final adoption shall be granted only upon a second hearing after the child shall have been in the custody and care of the petitioner for a period of six months. Order for temporary custody. (e) A copy of the decree of adoption shall be filed with the State Registrar of Vital Statistics. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1927. FIRING OF WOODS. No. 155. An Act to amend section 227 of Volume 2 of the Code of 1910, relative to the firing of woods. 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 227 of Volume 2 of the Code of Georgia of 1910 shall be amended as follows: By striking the following words at the end of the said section: except between the 20th of February and the first of April annually, and inserting in lieu thereof the following words to wit: except between the first of January and the first of March annually, so that when said section is so amended it shall read as follows: P. C. 227 amended. Time for firing woods. Sec. 227. No person but a resident of the county where the firing is done, owning lands therein, or domiciled thereon, outside of any town incorporation, shall set fire on any woods, lands, or marshes, nor shall such person, except between the first of January and the first of March annually. To read. 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 8, 1927.

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HUSBAND OR WIFE AS WITNESS. No. 361. An Act to amend section 1037, subsection (4), of the Penal Code of Georgia of 1910, which defines the competency of husband and wife as witnesses against each other, and for other purposes. Section 1. Be it enacted, that, from and after the passage of this Act, section 1037 of the Penal Code of Georgia of 1910, which reads as follows: Husband and wife shall not be competent or compellable to give evidence in any criminal proceeding for or against each other, except that the wife shall be competent, but not compellable, to testify against her husband upon his trial for any criminal offense committed or attempted to have been committed upon her person. She is also a competent witness to testify for or against her husband in cases of abandonment of his child, as provided in section 116 of this Code, be and the same is hereby amended by striking the words, except that the wife shall be competent, but not compellable, to testify against her husband upon his trial for any criminal offense committed or attempted to have been committed upon her person, said words being stricken from the first sentence in said subsection, together with the first word in said second sentence, she, and inserting in lieu thereof the words, except that either shall be competent, but not compellable, to testify against the other upon the trial for any criminal offense committed, or attempted to have been committed, upon the person of either by the other, said words being inserted in the first sentence of said subsection 4, together with the words, the wife, being inserted in the second sentence of said subsection, so that said subsection 4 as amended will read as follows: P. C. 1037, subsection 4, amended. Competency of husband and wife as witnesses against each other. Subsection 4. Husband and wife shall not be competent or compellable to give evidence in any criminal proceeding for or against each other, except that either shall be competent, but not compellable, to testify against the other upon the trial for any criminal offense committed, or attempted

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to have been committed, upon the person of either by the other. The wife is also a competent witness to testify for or against her husband in cases of abandonment of his child, as provided in section 116 of this Code. Sec. 2. Be it further enacted that the provisions of this Act shall not apply to any offences committed prior to the passage of the same. Sec. 3. Be it further enacted that all laws or parts thereof in conflict with this Act are hereby repealed. Approved August 23, 1927. JURY COMMISSIONERS' COMPENSATION. No. 215. An Act to amend section 1138 of the Penal Code of 1910 prescribing that the jury commissioners in certain counties shall receive five dollars instead of two dollars for every day's service in revising the jury-list. Section 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 1138 of the Penal Code of 1910 be and the same is hereby amended by adding the following: 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 thirty-three thousand and not more than thirty-three thousand and fifty, shall be paid ($5.00) dollars each for every day's service in revising the jury-list. Said compensation to be paid from the county treasury. P. C. 1138 amended. Pay of jury commissioners. Said section when so amended shall read as follows: Jury commissioners shall receive two dollars each day for every day's service in revising the jury-lists, to be paid from the county treasury. [The jury commissioners in counties of this State that have a population of 200,000 or more shall receive a fee of six ($6.00) dollars for each day's service

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in revising the jury-list, to be paid from the county treasury.] [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]. 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 33,000 and not more than 33,050, shall be paid five ($5.00) dollars each for every day's service in revising the jury-list. Said compensation to be paid from the county treasury. See Ga. L. 1921, D. 209; Ga. L. 1922, 132; Ga. L. 1925, p. 216. Sec. 2. Be it further enacted, that all laws in conflict with this Act be and they are hereby repealed. Approved August 15, 1927.

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TITLE V. EDUCATIONSCHOOLS. * * For greater convenience of reference, all the Acts relating to schools (except Appropriations and parts of Municipal Corporation Charters) have been put at this place. Compiler. ACTS. Comer School District in Madison and Oglethorpe Counties. Compensation of County Board Members. Consolidated Public Schools. Heard County High School Debt. Merger of School Systems; Amending Act. Middle Georgia Agricultural and Mechanical Junior College Established. Payment of Public-School Teachers. South Georgia Junior State College. State Normal School; Name Changed. Stephens High School; Trustees' Election. Transportation of Teachers and Pupils. COMER SCHOOL DISTRICT IN MADISON AND OGLETHORPE COUNTIES. No. 307. An Act to authorize the establishment of, and to incorporate, the Comer School District in Madison and Oglethorpe Counties, State of Georgia, into a public-school district, and into a public-school system; to define the boundaries thereof, the same to be a radius of three miles in every direction from the Seaboard Air-Line Railway Company depot at Comer, Ga., and to provide for the establishment of a public-school system therein; to provide for a Board of Education for the said public school district; to carry this Act into effect, and to provide for the future election of said board of education, after the same is ratified at an election held for that purpose,

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and to define the powers and duties of said board of education for said district; to empower said board of education to levy and assess and collect taxes for the support and maintenance of said public-school system; to regulate the management and control of public schools in said district, and to provide revenue for the same; to require the pro rata share of said public-school district in the State school fund to be turned over to said board of education; to provide for school buildings in said public-school district and for the maintenance of the same; and to authorize the said board of education to receive donations of any kind for the promotion of said public-school system; and making them a body corporate with powers to sue and to be sued; and for the election by the qualified voters of said proposed public-school district for the ratification of said Act, and for the repeal of any conflicting local laws governing schools in said public-school district, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this Act, and the ratification thereof by the qualified voters in said public-school district, there shall be established a corporate school district in and about the City of Comer, in Madison and Oglethorpe Counties, which district shall extend from the Seaboard Air-Line Railway Company's depot in said City of Comer, Georgia, outwards in every direction into Madison and Oglethorpe Counties, a distance of three miles. Comer School District; limits. Sec. 2. Be it further enacted, that the management and control of all schools in said district, both white and colored, shall be vested in a board to be known as the board of education for said school district, composed of five persons of said school district, which board by that name and style shall have perpetual succession, but not the members thereof; have and use a common seal, have a right to sue and be sued; and shall have power to have, hold, receive, enjoy, possess, and retain to themselves and successors in office, for school purposes, by gift, endowment, purchase, or otherwise by any lawful means, any estates

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of real or personal property whatsoever of whatsoever description or nature, and shall have the power and authority to sell, alienate, and convey any school property, real or personal, whenever the school interest of said school district may, in their discretion, be advanced thereby, and to use the funds arising therefrom by reinvesting or otherwise appropriating said funds for school purposes. Board of Education: powers. Sec. 3. Be it further enacted that..... shall be and are hereby constituted the Board of Education of Comer Public School District, to carry into effect the provisions of this Act, and to act as said Board of Education for said Comer Public School District, till their successors are elected and qualified as herein enacted. That the said Board of Education herein named shall call an election for the ratification of this Act by the qualified voters in said public-school district, not less than thirty days and within sixty days after the passage of this Act, and for the election of a board of education for said school district, the said board to be elected from the citizens in said school district. That those voting for ratification shall have printed or written on their ballots For Ratification, and those voting against ratification shall have written or printed on their ballots Against Ratification, also shall have written or printed on their ballots the names of those for whom they may vote for, for members of said board of education in said election. Said election to be held under the rules of holding elections for members of the General Assembly of Georgia, and all voters in said school district that are qualified to vote for members of the General Assembly of Georgia shall be qualified to vote therein. The result of said election shall be certified to the board of education as herein named, who shall declare the result, and the rules for contested election shall govern herein, except that the contest shall be filed with said board of education, who shall hear and determine all question therein, and that the right of certiorari or appeal from the decision of said board of education to the Superior Court of Madison County may be had. If the majority of the

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votes cast in said election shall be For Ratification, then this Act shall become of full force and effect, and all local school laws in force in said public-school district shall be and are hereby repealed. That the five persons voted for in said election, receiving the highest number of votes cast in said election, shall constitute the Board of Education for said Public-School District for the next five years from their qualification as such, or until their successors are elected and qualified. A majority of said board shall constitute a quorum and decide all questions and elections. Referendum, Election of board. Sec. 4. Be it further enacted, that the Board of Education of said Comer School District, herein named, shall, after the passage of this Act, take such steps to call said election as is necessary for the holding of the same, and the said election shall be held at the city hall at Comer, Georgia, for the ratification hereof, and the hours for holding the same shall be between the hours of ten o'clock a. m. and three o'clock p. m. of said day. That the Board of Education for said Comer School District elected in said election called for the ratification of this Act, as herein provided, shall, at its first meeting after their election and the ratification of this Act, elect one of its members to be president of said board, who shall serve during the term for which he was elected and chosen. They shall also elect a secretary and treasurer for such term as may be fixed by said board; but no member, other than the secretary and treasurer, shall receive any compensation for their services, and that compensation to be fixed by said board, not to exceed the sum of $100.00 per annum. That said treasurer shall give a good and sufficient bond, payable to said Board of Education for said Comer School District, for the faithful performance of his duties and to account for all sums of money and property entrusted to his care and control. The said salary to be paid out of any funds that said board of education may have in its hands which may lawfully be used for such purpose, and the amount of said bond required to be in the amount fixed by said board of education. That if there should be a vacancy in said board by

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death or otherwise, except by expiration of term of office, said board shall elect members to fill such vacancy at the next meeting of the board after such vacancies occur, or as soon thereafter as practicable, to fill such unexpired term. No person shall be a member of said board who is not a bona fide resident of the said Comer public school district. Place and hours of election. Officers of board. Sec. 5. Be it further enacted, that after the first election for members of the Board of Education for said Comer Public School District, the next election for members of said board shall be held on the first Wednesday in July, 1932, and every five years thereafter on same date, and the said election to be held under the direction of the board of education of said public-school district, and under the rules and regulations for holding elections for members of General Assembly, and all persons in said public-school district who are eligible to vote for members of the General Assembly of Georgia shall be qualified to vote therein. Subsequent electors of board. Sec. 6. Be it further enacted, that said board of education shall have full and complete control of all the schools in said school district may establish and maintain schools for white and colored pupils, but no white child shall be allowed to attend any colored school, nor shall any colored child be allowed to attend a white school. They may in their discretion discontinue any such school or schools, in their discretion may employ teachers, superintendents, and other employees, and fix their compensation, and they are also authorized and empowered to discharge, suspend, or remove any and all such employees whenever in their discretion they shall deem it to be for the best interest of the schools to do so. Children of non-residents, and such others as may not be entitled to the benefit of these schools, may be admitted upon such terms as may be prescribed by said board of education, said terms not to conflict with the laws of this State. Said board of education is also authorized and empowered to charge pupils residing in said school district an entrance or matriculation fee, not exceeding the sum of $..... per annum. Powers of board.

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Sec. 7. Be it further enacted, that said board of education shall have full power and authority to make by-laws for the government of their own body, rules and regulations for the government of the schools, and they shall also have full power to enforce the same. By-laws of board. Sec. 8. Be it further enacted, that any member of said board of education guilty of malfeasance or gross misconduct shall be removed from office by a majority vote of the board. Removal from office. Sec. 9. Be it further enacted, that the county school commissioner of Madison County shall from time to time pay over to the secretary and treasurer of the Board of Education for the Comer Public-School District such amounts as may be appropriated to the schools of said Comer Public-School District out of the public fund by the Board of Education of Madison County; also the pro rata share of the school fund of Madison County for all children of or within school age, who are residents of said county and not residents of the said school district, as well as those of school age in said school district. Payments from Madison County. Sec. 10. Be it further enacted, that the schools of said school district shall be controlled by the Board of Education of said Comer Public-School District, and not by the county board, except in so far as to report to said Board of Education of Madison County the average attendance of pupils in said schools within school age. Control of Schools. See Sec. 13 et seq. Sec. 11. Be it further enacted, that said board of education shall have full power and authority to levy and collect a tax on all real and personal property within the limits of said Comer Public-School District for school purposes, to defray the expenses of the management of schools in said district, to pay all or any part of the expenses of carrying on said schools, caring for and preserving school property, and incidental expenses, but the rate of taxation shall never exceed one half of one per centum. Said tax to be collected by the secretary and treasurer of said board of education, or by any one authorized by said board of

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education to do so; and said board of education shall, during the spring of each year, assess the value of all the property, both real and personal, within the limits of said school district for taxation for school purposes only said board of education to have free access to the State and County returns, and shall, at their discretion, use such returns in making the assessment said school district; and in the event that any person shall be dissatisfied at the value placed upon his or her property, he or she may select a disinterested person to act as his or her representative, the secretary and treasurer of said board shall select a like person to represent the board of education, and these two so selected shall select a third arbitrator. The three persons so selected shall, after giving five days notice of the time and place of meeting to the parties at interest, proceed to assess the property in question, and the assessment of said three persons shall be final. Said board of education shall have the power and authority to fix the time and manner of payment of said taxes, and all of the revenues due said board of education to be turned over to the treasurer of said board, who shall keep a correct book of record of the same as to amounts received and to whom paid out, and no moneys to be paid out by said treasurer only by the authority of said board, and on vouchers signed by the chairman thereof. Tax for schools. See Sec. 13 et seq. Sec. 12. Be it further enacted by the authority aforesaid, that should any person or persons fail or refuse to pay said tax at the time required by said board of education of said district, then the secretary and treasurer shall have the authority, and he is hereby authorized and directed with said authority, to issue a tax fi. fa. for said amounts that may be due, which shall be levied on the property of the delinquent tax-payer, by any legal officer authorized to levy tax fi. fas., and the said tax fi. fas. shall be directed to said officer to execute and return, in the same manner as State and county taxes, who shall pay the same over to said secretary and treasurer of said board. Said tax fi. fas. shall be superior liens on the property of said delinquent taxpayer, except for State and County taxes. Enforcement of tax.

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Sec. 13. Be it further enacted, that section ten and eleven of this Act shall not become operative until ratified by a two-thirds vote of the legal votes cast at any election to be held in said school district under and by virtue of this Act. Referendum as to sections 10 and 11. Sec. 14. Be it further enacted, that the Board of Education of Comer Public School District is hereby empowered, from time to time in their discretion, to order an election for the purpose of submitting the ratification or rejection of sections ten and eleven of this Act to the qualified voters of said school district, until the same has been ratified; provided, however, no subsequent election shall be held within less than six months of a previous election held for this purpose. Said election shall be held at the city hall at Comer, Georgia, the usual voting place at Comer, Georgia, and according to the requirements of the laws of this State for members of the General Assembly, except that the polls shall be opened not earlier than ten o'clock a. m. and close at three o'clock p. m. Sec. 15. Be it further enacted, that the question submitted at said election shall be for taxation or Against taxation. The result of said election shall be declared by certificate of the managers of said election, filed with the board of education of said school district, with the right to contest as in this Act provided for any other election under this Act. If two thirds of the votes cast in said election shall be for taxation, the foregoing sections shall be declared ratified and of force; otherwise if said two thirds of the votes not cast for ratification. Twenty days notice of the calling of such election shall be published in the gazette in said County of Madison where the sheriff's advertisements are published, and also notices of the same given at three or more conspicuous public places in said school district. Sec. 16. Be it further enacted, that said Comer Public-School district shall have power, whenever it shall so decide, to issue bonds upon the credit of the property in said

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public school district, to an amount to be fixed by said board, for the purpose of raising money with which to purchase the school lot or lots, build and equip and furnish the school-houses in pursuance of the authority herein granted; provided, however, that the amount of the bonds shall not exceed the limit fixed by the Constitution of the State of Georgia; and provided further, that in all details touching the ordering of said bonds, provisions for the payment of the same, election by the people, public notices, etc., due regard shall be had to the Constitution of this State, and the statutes for such cases provided, all of which shall be complied with. Power to issue bonds. Sec. 17. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. COMPENSATION OF COUNTY BOARD MEMBERS. No. 208. An Act to fix the compensation of members of boards of education in counties of above 200,000 population; 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 members of the county boards of education, in counties having above 200,000 population according to the last or any future United States census, may be paid a salary of fifty dollars ($50.00) per month each; and their accounts for service shall be submitted for approval each month to the county superintendent of schools, and they shall not receive any other compensation for said service. Salaries of Boards of Education in certain countries. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927.

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CONSOLIDATED PUBLIC SCHOOLS. No. 392. An Act to provide for the establishment and maintenance of consolidated public schools; to fix standards for same; to provide for the repeal of an Act entitled an Act to aid in the establishment and maintenance of one or more consolidated public schools in each county of this State; to fix standards for same, and for other purposes, approved August 13, 1919; also to provide for the repeal of an Act approved August 21, 1922, amendatory of the Act approved August 13, 1919, and to repeal the Act approved August 26, 1925, entitled an Act to aid in the establishment and maintenance of consolidated public schools; to fix standards for 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 beginning with the year 1927 the State Superintendent of Schools shall set aside $350,000 or so much thereof as may be necessary, and for 1928 and the years to follow the State Superintendent of Schools shall set aside $400,000 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 school 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 School 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 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. Consolidated schools, funds for. 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

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high school, the State Superintendent of Schools shall be authorized to transmit $1000.00 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. Four-year high school, support of. When two or more schools in any county qualify under this Act, either for the $500.00 aid or for the $10000.00 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 the number of children to be reached by the consolidation, the number of teachers, the qualifications of the teachers employed, and the character of the 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 ($1000.00) aid shall be eligible to further apply for such aid until every 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. Choice among schools qualifying for aid. 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 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 standard of the 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;'

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approved August 18, 1919 (Acts 1919, page 287), as amended by the Act of 1922, approved August 21, 1922 (Acts 1922, page 151); also to supersede and repeal an Act to aid in the establishment and maintenance of consolidated public schools, to fix the standards for the same, and for other purposes, approved August 26, 1925 (Acts 1925, page 147), 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. Repeal of other Acts. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 25, 1927. HEARD COUNTY HIGH SCHOOL DEBT. No. 248. To authorize the Board of Trustees of Heard County High School, Franklin, Georgia, to use certain funds raised by taxation in said school district for the purpose of liquidating an existing indebtedness against said school district, incurred in the erection of the high-school building therein, and for other 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 Board of Trustees of Heard County High School, Franklin, Georgia, be and it is hereby authorized to use the funds raised in said school district by local taxation for such a period of time as may be necessary for the liquidation of the existing indebtedness against said school district, incurred in the erection of the high-school building therein. Authority to use tax money to pay debt for high-school. Sec. 2. Be it further enacted, that when said indebtedness shall have been so liquidated, the authority herein granted shall cease.

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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 15, 1927. MERGER OF SCHOOL SYSTEMS; AMENDING ACT. No. 66. An Act to amend an Act to permit municipal or local independent school systems to repeal their independent systems and to merge into the county school systems, and for other purposes, approved March 19, 1926, by striking from section 3 of said Act the proviso relating to its application to counties having a certain population, and inserting in lieu thereof a proviso relating to its application to independent local school systems in cities having a certain population; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 3 of an Act to permit municipal or local independent school systems to repeal their independent systems and to merge into the county school system, and for other purposes, approved March 19, 1926 (Ga. Laws, Extraordinary Session 1926, pages 40, 41, 42), be and the same is hereby amended by striking from said section the proviso at the end thereof, to wit, Provided, that nothing herein contained shall apply to counties having a population of 200,000 or more, according to the last or any other United States census, and inserting in lieu thereof the proviso, to wit, Provided, that nothing herein containued shall apply to a municipal or independent local school system of a municipality having a population of 200,000 or more, according to the last or any other United States census, so that said section as so amended shall read as follows: Ga. L. Ex. Sess. 1926, pp. 40, 41, 42, Sec. 3, amended. Merger into county school systems; exception.

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Sec. 3. Be it further enacted, that where any local or independent system is repealed by and in the same manner provided in this Act, the territory formerly included in such independent system shall become and constitute a school district of the county in which it is located, and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said county, including the authority to levy local taxes for school purposes; provided that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts; provided, that nothing herein contained shall apply to a municipal or independent local school system of a municipality having a population of 200,000 or more, according to the last or any other United States census. To read. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1927. MIDDLE GEORGIA AGRICULTURAL AND MECHANICAL JUNIOR COLLEGE ESTABLISHED. No. 343. An Act to establish a College of Agriculture and Mechanical Arts, as a branch of the University of Georgia, to be known as the Middle Georgia Agricultural and Mechanical Junior College, to define its purposes, powers and privileges, to provide for its location, to provide for the transfer of the property of the Twelfth District Agricultural and Mechanical School to the trustees of the University of Georgia for the use and benefit of said college, to provide a board of trustees for said college, to prescribe their power and duties, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:

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Section 1. That there be and there is hereby established in connection with the University of Georgia, and forming one of the branches or departments thereof, a college of agriculture and mechanic arts, to be known as the Middle Georgia Agricultural and Mechanical Junior College, to be located on the tract of land on which the Twelfth District Agricultural and Mechanical School is now located, in the County of Bleckley. College to be on site of 12th District A. M. School, Bleckley County. Sec. 2. The local board of trustees of said Middle Georgia Agricultural and Mechanical Junior College shall be composed of twelve members, three of whom shall be appointed for a term of six years by the chairman of the board of trustees of the University of Georgia from among the members of the Board of Trustees of the University of Georgia; the other members of the board of trustees of said college shall be appointed by the Governor of this State. Three thereof shall be citizens of this State, residing outside of said County of Bleckley. The term of office of such trustees shall be six years, but each trustee shall be subject to removal by the Governor at any time with cause. In making the first appointments under this Act, the appointments shall be arranged by the Governor so that said board shall be made up of groups as nearly equal as practicable, appointed for two, four, and six years respectively, and thereafter all subsequent appointments shall be either for the balance of an unexpired term, in case of a vacancy, or for the full term of six years in case of a succession to a fully expired term, as the case may be. Local Board of Trustees; residence, appointment, terms. Sec. 3. Whenever it is made to appear to the Governor that any member of the board of trustees of said college has failed to attend two successive meetings of said board without rendering an excuse in writing which is satisfactory and accepted by the board, it shall be the duty of the Governor to declare his place vacant, and to fill the same in the manner hereinbefore provided for filling vacancies. Vacancies from non-attendance. Sec. 4. The members of the board of trustees of said college, for their attendance on each meeting of the board

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or any committee, shall be allowed their actual railroad expenses by the nearest route, and not over $4.00 per day. Railroad expenses. Sec. 5. Seven members of said board of trustees shall constitute a quorum for the transaction of business. Said board shall have power to select one of their members as chairman, and also to select a secretary and such other officers as may be necessary. Quorum. Officers of board. Sec. 6. Said board of trustees shall elect a president, vice-president, secretary, treasurer, and faculty, and such other officers as may be necessary in and for said college, and shall establish such departments, courses of study and curriculum as they may think proper for the successful operation of said college. They shall have authority to grant certificates and diplomas, and to exercise all the rights, powers, and privileges necessary or proper in the discharge of their duties; and they shall have power to fix the salaries of all officers and members of the faculty and to fix all tuition and other fees, and to prescribe all necessary rules and regulations for the government of said board, the officers thereof, the members of the faculty, students, and employees of said college, subject, however, to the control of the trustees of the University of Georgia. Election of officers and faculty. Powers Subject to University Trustees. Sec. 7. The Chancellor of the University of Georgia shall have supervision of the said Middle Georgia Agricultural and Mechanical Junior College, and of its management and operation as a department of the University of Georgia. All diplomas and certificates issued by said college shall be countersigned by said Chancellor, who shall cause a record of the same to be kept in his office at Athens. Supervision by Chancellor of University. Sec. 8. Tuition in said college shall be free to all residents of this State. The trustees may limit the number of students from time to time, according to the capacity and means of the institution, and shall make such rules of admission to equalize, as far as possible, the privileges of said college among the counties according to population. Free tuition.

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Sec. 9. All non-residents of the State of Georgia shall pay such tuition as students as the board of trustees of said college may fix, and no non-resident students shall be admitted to said college to the exclusion of students who are citizens of this State. Tuition of nonresidents. Sec. 10. The courses of study in said Middle Georgia Agricultural and Mechanical Junior College shall consist of practical treatises or lectures on agriculture in all of its branches and on the mechanical arts, and in the practicable application of the principles of the science of agriculture and of the mechanical arts by manual training and by work on the college farm and in the college workshop, and such other studies as are usual or proper in a college of agriculture and mechanic arts. In the study of agriculture in said college special emphasis shall be placed on stock-raising, dairying, and the production of beef, pork, and poultry, and also upon farm management and farm marketing. Courses of study. Sec. 11. The Board of Trustees of said college shall cause to be maintained, as a preparatory department of said college, the present course of study and general organization of the Twelfth District Agricultural and Mechanical School, so far as it is practicable to do so, in the promotion of the general aims of the college. The faculty and students of said preparatory school shall be a part of the faculty and students of such Middle Georgia Agricultural and Mechanical Junior College, and under the management and control of the board of trustees of such college, and subject to such rules and regulations as may be prescribed by said board, subject, however, to the control of the board of trustees of the University of Georgia. Faculty, etc., of 12th Dist. A. M. School included. Sec. 12. All work on, in, and about said college, or on the farm, or in the barns and shops connected with said college, whether it be farming, building, care of the stock, or work of whatever kind, shall be, as far as practicable, performed exclusively by the students of said college under such regulations for the proper division and alternation in such

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work as may be provided by the trustees. The president of said college shall keep an account of all receipts from the sale of the products of the farm and shops which are not consumed in said college each year, and the trustees shall set aside such portion thereof as they may deem advisable, as a fund to pay the students for labor they have performed. Work to be done by students. Accounts to be kept. Sec. 13. The board of trustees of the Twelfth District Agricultural and Mechanical School are hereby authorized, empowered, and directed to transfer and convey to the trustees of the University of Georgia the title to all property, real and personal, of the said Twelfth District Agricultural and Mechanical School for the use and benefit of the said Middle Georgia Agricultural and Mechanical Junior College, by a good and sufficient deed, and the trustees of the University of Georgia are hereby authorized and directed to accept the title to said property, to take the possession thereof, and to hold the same for the use and benefit of the said Middle Georgia Agricultural and Mechanical Junior College, as a branch and department of the University of Georgia. The board of trustees of the University of Georgia are also authorized to receive, accept, and hold such donations, gifts, contributions, legacies, and devises of any and all kinds of property which may be given, devised, or contributed to the said Middle Georgia Agricultural and Mechanical Junior College or for the benefit, use, or maintenance of said college, and to hold the same for the uses and purposes for which donated, devised, or contributed. Transfer of property of 12th Dist. A. M. School. Sec. 14. The curriculum of the Middle Georgia Agricultural and Mechanical Junior College shall be so coordinated with the State College of Agriculture at Athens as to provide for the entrance of the students and graduates of such college into the classes of said State College of Agriculture without examination. Curriculum. Sec. 15. Said Middle Georgia Agricultural and Mechanical Junior College shall work in co-operation with the State Department of Agriculture, and the board of trustees

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of such college shall arrange with the State Commissioner of Agriculture for lectures to be delivered to the students of such college by the State Veterinarian, the State Entomologist, and other experts of such Department on subjects in the special lines of work for the protection and benefit of agriculture being done by such specialists. Co-operation with Department of Agriculture. Lectures by State Veterinarian, Entomologist, etc. Sec. 16. There shall be close co-operation between the college hereby established and the Coastal Plain Experiment Station, and the Experiment Station at Griffin, and the board of trustees of said college and the directors of said experiment stations shall each year arrange a course of lectures to be delivered to the students of said college by the experts in charge of the special lines of investigation and experiment at said stations, the purpose being to give the students of such college the benefits to be derived from the experiments made at said stations in as full and practicable a manner as possible. Co-operation with Experiment Stations. Lectures by experts! Sec. 17. A meeting of the board of trustees of the Middle Georgia Agricultural and Mechanical Junior College shall be called by the Governor at a time to be fixed by him, to be held on the site of the Twelfth District Agricultural and Mechanical School, for the purpose of organization; and said board of trustees shall constitute a local board of trustees for the said Middle Georgia Agricultural and Mechanical Junior College, with all necessary powers for the immediate control, supervision, and management of said college, subject, however, to the control of the board of trustees of the University of Georgia. Organization meeting of trustees. Sec. 18. All appropriations heretofore made, or which may be made during the session of the General Assembly for the year 1927, for the support and maintenance of the Twelfth District Agricultural and Mechanical School, and have not been previously paid to said school, shall be, and the same are hereby, made available for the support and maintenance of the said Middle Georgia Agricultural and Mechanical Junior College for the years 1927, 1928, and 1929 respectively, and the Governor is hereby authorized

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and directed to draw his warrants for the same to the Trustees of the University of Georgia for such purpose, and the State Treasurer is hereby authorized and directed to pay said sums to the Trustees of the University of Georgia for the support and maintenance of said college for said years. Appropriations for 12th Dist. A. M. School, available for the college. 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 20, 1927. PAYMENT OF PUBLIC-SCHOOL TEACHERS. No. 19. An Act to carry into effect the amendment to Article 7, Section 3, paragraph 1, of the Constitution, authorizing the contraction by or on behalf of the State a debt in the amount of $3,500,000.00 for the purpose of paying public-school teachers of the State, which was ratified by the people in November, 1926; to authorize the Governor to execute a note or notes for such sum as may be borrowed; to provide for the repayment thereof; to authorize the Governor to impress, use, and employ for the payment of public-school teachers of the State any funds in the Treasury allocated for any special fund or purpose, and to provide for the replacement or refund 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 as follows: Pursuant to the amendment to Article 7, Section 3, Paragraph 1 of the Constitution of this State, authorizing the contraction by or on behalf of the State of a debt in an amount of $3,500,000.00 for the purpose of paying the public-school teachers of the State, the Governor is hereby authorized and empowered to execute a note or notes for such amount and for such time

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of payment as the condition of the Treasury may demand, at any time in his discretion, for the purpose of paying the public-school teachers of the State. The aggregate of said note or notes shall not at any time exceed the aforesaid constitutional limit, and said note or notes shall not mature later than February of the year succeeding the time of the execution thereof, and the principal amount so borrowed shall be repaid each year out of the common-school appropriation, and the interest thereon shall be paid each year out of the general funds of the State, accrued during the year of issue of said notes. Said notes shall be signed by the Governor and countersigned by the Comptroller-General and Secretary of State. Governor's authority to make debt to pay teachers. Time of payment. Sec. 2. The Governor is further authorized and empowered, at any time in his discretion, to impress, use, and employ for the payment of public-school teachers of the State, and without payment of interest thereon, any funds in the Treasury which may have been allocated for any special fund or purpose, so as to obviate the necessity of increasing the public debt of the State and the payment of interest. Provided, however, that it shall be the duty of the Governor, when any fund shall be so used to replace said fund or funds by borrowing the same, if necessary, at such time as will not interfere with the expenditure for the purpose appropriated of any special or allocated fund or funds so drawn upon by the Governor by virtue of the authority granted in this Act. Authority to use funds allocated for other purposes. Replacement. Sec. 3. The Governor shall not during any calendar year impress, use, or employ any funds in the Treasury allocated or belonging to any special fund or purpose in excess of the borrowing power of the Governor under this Act. Limit of authority. Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 18, 1927.

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SOUTH GEORGIA JUNIOR STATE COLLEGE. No. 54. An Act to establish, organize and maintain, as a branch of the University of Georgia a junior college, to be located at Douglas, Georgia, and to be known as the South Georgia Junior State College, and to include therein the organization, plant, and equipment of the Eleventh District Agricultural and Mechanical School; to provide for courses of study therein; to provide for a Board of Trustees therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that there shall be and is hereby established at Douglas, Georgia, on the tract of land occupied by the Eleventh District Agricultural and Mechanical School, as a branch of the University of Georgia, a junior college to be known as the South Georgia Junior State College, to which shall be admitted white students, citizens of this State, both male and female, and without charge for tuition therein. College to be on site of 11th Dist. A. M. School at Douglas. Sec. 2. Be it further enacted by the authority aforesaid, that the plant, equipment, and property, both real and personal, of said Eleventh District Agricultural and Mechanical School, title to which is in the State of Georgia, shall be for use of said South Georgia Junior State College; and the trustees of said Eleventh District Agricultural and Mechanical School for their respective terms shall have as full and complete authority for the management and control of said junior college as they now have over the said Eleventh District Agricultural and Mechanical School. Property of District School to be for use of college. Sec. 3. Be it further enacted that the local Board of Trustees of said South Georgia Junior State College shall be composed of nine (9) members, all of whom shall be appointed by the Governor of this State; three (3) of said Trustees shall be citizens of the County of Coffee, and six

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(6) shall be citizens of this State, residing outside the County of Coffee. At the first appointment of such trustees, three (3) shall be appointed by the Governor for a term of two (2) years; three (3) for a term of four (4) years, and three (3) for a term of six (6) years; but all subsequent appointments shall be for a term of six (6) years, except in cases of vacancy by reason of death, resignation, or otherwise, when the Governor shall fill such vacancy by appointment for the unexpired term. The members of the Board of Trustees for the Eleventh District Agricultural and Mechanical School, in office at the time of the passage and approval of this Act, shall also be members of the Board of Trustees of the South Georgia Junior State College hereby created and established, until the expiration of their respective terms of office of all of said District School Trustees shall expire. The members of the Board of Trustees of said junior college shall be nine (9) in number, who shall serve without compensation, except that their actual expenses while away from their places of business attending on the meetings of the board shall be paid out of any fund in the treasury of said college available for such purposes, as hereinbefore provided. Local Board of Trustees. Terms of Trustees. Trustees of District School to be members of College board. Sec. 4. Be it further enacted that said trustees shall have authority to create such offices of said college and employ such teachers, and fix salaries of same, as may be necessary to carry out the purposes of said college, herein set forth, and as otherwise provided by law. Offices teachers, salaries. Sec. 5. Be it further enacted, by virtue of the authority aforesaid, that said Junior College shall have the authority to grant diplomas, certificates, and other evidence of work done, as may be authorized by law or conferred and given by other colleges of like character and standing. Diplomas, etc. Sec. 6. Be it further enacted, that the curriculum of said Junior College shall be such as shall be prescribed by the Board of Trustees thereof; it being the intention of this Act that the curriculum shall be so co-ordinated with that of the University of Georgia and its branches as to

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provide for the entrance of the students and graduates of said Junior College into the classes of similar courses in the University of Georgia and its branches, without examination. Curriculum. Sec. 7. Be it further enacted by virtue of the authority aforesaid, that nothing herein contained shall be construed as reducing the authority of the Trustees of said Junior College to provide for full instructions in the branches of study heretofore and now prescribed for the students of said Eleventh District Agricultural and Mechanical School; it being the intention of this Act to enlarge the scope and to raise the curriculum thereof so as to include the work done by freshmen and sophomore classes at the University of Georgia and its branches. Scope of curriculum. Sec. 8. Be it further enacted that all appropriations made to the Eleventh District Agricultural and Mechanical School shall be for the use of said South Georgia Junior State College as herein consolidated therewith. Appropriations available. Sec. 9. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved July 22, 1927. STATE NORMAL SCHOOL; NAME CHANGED. No. 62. An Act to amend an Act entitled An Act to establish, organize, and maintain a State Normal School as a branch of the University, to appropriate money for the same, and for other purposes, approved October 21st, 1891, by striking in line four of section one of said Act the words, State Normal School, and inserting in leiu thereof the words, The Georgia State Teachers College, also by striking from section ten of said Act the first sentence thereof beginning, Be it further enacted, and ending in said Normal School, and by striking

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the words Normal School in the sixth line of said section ten of said Act and inserting in lieu thereof the words, The Georgia State Teachers College, 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 October 1st, 1891, establishing State Normal Schools, and for other purposes, be and the same is hereby amended by striking from line four of section one of said Act the words, State Normal School, and inserting in lieu thereof the words, The Georgia State Teachers College, so that said section when amended shall read as follows: Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that there shall be established, as a branch of the State University, a Georgia State Teachers College for the education and training of teachers for the common schools of the State. Said school shall be located, equipped, and conducted as is hereinafter provided. State Normal School changed to Georgia State Teachers College. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section ten of the Act approved October 21st, 1891, establishing State Normal School, and for other purposes be amended by striking from said section the following language: Be it further enacted by the authority aforesaid, that all students, residents of this State, entering this school shall sign an obligation in writing to teach, within the next five years after their leaving said school, such a length of time in the common schools of the State as they may spend as students in said Normal School, and by striking from line six of said section ten the words Normal School, and inserting in lieu thereof the words The Georgia State Teachers College, and be further amended by adding after the word proficiency and before the word stating in the eighth line of said Act, and also after the word certificates and before the word and in the twelfth line of said section the words diplomas

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and degrees, so that said section when amended shall read as follows: Amendment striking obligation of students to teach after leaving school. Sec. 10. To said students in the said Georgia State Teachers College may be granted by the faculty of said school certificates of proficiency, diplomas, and degrees, stating in general terms what branch of education the student has been prepared to teach, which certificates, diplomas, and degrees shall authorize the holder thereof to teach in the common and public schools of this State, without further examination, according to the grades specified in their certificates, and such diplomas and degrees to graduates as may be prescribed by said Board of Trustees. Certificates to students. 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, 1927. STEPHENS HIGH SCHOOL TRUSTEES' ELECTION. No. 57. An Act to amend An Act to create a board of trustees for Stephens High School (Stephens Institute) in the City of Crawfordville, Taliaferro County, to define their powers and duties, provide for their election, and for other purposes, approved August 18, 1919, by repealing section 4 of said Act and substituting therefor the following: Section 4. Every voter qualified to vote in elections for members of the General Assembly of Georgia, residing in said school district, shall be qualified to vote in said elections for trustees aforesaid. Section 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 board of trustees for Stephens High School (Stephens Institute) in the City of Crawfordville,

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Taliaferro County, to define their powers and duties, provide for their election, and for other purposes, approved August 18, 1919, be and the same is hereby amended so that section 4 of said Act shall be and the same is hereby repealed, and there shall be substituted in lieu of said section of said Act the following: Section 4. Every voter qualified to vote in elections for members of the General Assembly of Georgia, residing in said school district, shall be qualified to vote in said elections for trustees aforesaid. Who may vote in election for trustees. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 25, 1927. TRANSPORTATION OF TEACHERS AND PUPILS. No. 335. An Act to amend an Act approved August 18, 1919, entitled An Act to codify the school laws of Georgia, in section 93 thereof, by authorizing local boards of trustees to provide transportation for schools; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that An Act to codify the school laws of Georgia, approved August 18, 1919, and commonly known as the Georgia School Code, be and the same is hereby amended in section 93 thereof by adding in the second line of said section, immediately after the words county board of education, the following words, or local district trustees; so that when amended said section shall read as follows: Whenever the county board of education or local district trustees deem it for the best interest of the school, they shall have the right to provide means for the transportation of the purpils and teachers to and from said school. Authority to provide for transportation of pupils and teachers. 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, 1927.

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TITLE VI. SUPERIOR COURTS. ACTS, Augusta and Toombs Circuits Rearranged; McDuffie Superior Court Terms. Bacon Superior Court Terms. Bryan Superior Court Terms. Dougherty Superior Court Term Changed. Echols Superior Court Terms. Forsyth Superior Court Terms. Irwin Superior Court Terms. Jeff Davis Superior Court Terms. Jenkins Superior Court Terms. Lamar Superior Court Terms. Paulding Superior Court Terms. Pulaski Superior Court Terms. Rabun Superior Court Terms. Tift Superior Court Terms. Turner Superior Court Terms. AUGUSTA AND TOOMBS CIRCUITS REARRANGED; McDUFFIE SUPERIOR COURT TERMS. No. 189. An Act to rearrange the Augusta and the Toombs Judicial Circuits in the State of Georgia, by taking from the Augusta Circuit the County of McDuffie, and adding said county to the Toombs Circuit; to provide that the Solicitor-General of the Augusta Circuit shall continue to discharge the duties of his office in said county during his present term; to provide for compensation for the Solicitor-General of the Toombs Circuit for his services in McDuffie County; to provide for the increase of the number of terms of the Superior Court of said County of McDuffie; to prescribe the time for holding the same; to provide that two of said terms shall be held without a

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jury, unless the presiding Judge shall otherwise determine; to provide for the drawing and summoning of juries for these two terms when the presiding Judge shall deem it 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 the authority of the same, that from and after the passage of this Act the County of McDuffie in said State shall become a part of the Toombs Judicial Circuit, and shall cease to be a part of the Augusta Judicial Circuit; provided, this Act shall not affect the rights of the Solicitor-General of the Augusta Circuit during the present term of his office, he being hereby authorized to continue to discharge the duties of his office in said County of McDuffie, during said term, as though this Act had not been passed. After the expiratino of the present term of the Solicitor-General of the Augusta Circuit, the Solicitor-General of the Toombs Circuit shall receive for his services in McDuffie County the same fees he now receives for similar services in the other counties in the Toombs Circuit. McDuffie county to be in Toombs Circuit, Solicitor-General. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the first day of January, 1928, the number of terms of the Superior Court of said County of McDuffie shall be increased from two regular terms to four regular terms in each year, same being not longer than one week each; so that after said date of January first, 1928, said terms shall commence and said Superior Court shall be held during the weeks beginning on the first Monday in March, the first Monday in June, the first Monday in September, and the first Monday in December in each year. Terms of court. Sec. 3. Be it further enacted by the authority aforesaid, that no case which is to be passed on by a jury shall be tried at the June or December terms of said court above provided for, and no jury, either grand or traverse, shall be drawn for said June or December terms except in case of special emergency, or when, in the opinion of the presiding Judge

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of said Court, same shall be necessary for the proper and expeditious transaction of the business of said Court, in either of which event, jury cases may be tried at, and juries, grand and traverse, either or both, may be drawn and summoned for said June and December terms for the discharge of their respective duties as at other terms. Juries for said June and December terms may be drawn at the close of the preceding term and summoned as now provided by law for the drawing and summoning of juries, or may be drawn and summoned in the manner now provided for the drawing and summoning of juries in cases of special emergency as embodied in Section 875 of the Penal Code of 1910. No juries for June or December term: exception. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 13, 1927. BACON SUPERIOR COURT TERMS. No. 375. An Act to provide for holding four terms a year of the Superior Court of Bacon County, Georgia; to prescribe the times of holding same; to designate the spring and fall terms thereof; 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 regular terms of the Superior Court of Bacon County, and that said regular terms shall be held on the second Monday in February, third Monday in May, second Monday in August, and third Monday in November of each year, for a period of one week each. Provided, however, the presiding Judge

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may continue the spring and fall term of said Superior Court into the following week, if in his judgment the business of the Court justifies same. The judge of said court may decline to hold any term of said Superior Court when in his judgment the business of said court does not justify the holding of same. Four terms a year. When judge may decline to hold term. Sec. 2. Be it further enacted by the authority aforesaid, that the May and November terms of said Superior Court are hereby designated as the spring and fall terms, respectively, of said court, and that the Judge of said court shall draw grand juries for the May and November terms of said court; and in his discretion, should any emergency arise requiring it, he may draw grand juries for the February and August terms, either in term time or in vacation, but such grand juries shall not be required to perform other services at the February and August terms of said court than shall be specifically charged them by the presiding judge. Spring and fall terms. Grand juries. Sec. 3. Be it further enacted by the authority aforesaid, that all writs, bills, processes, subpoenas, bonds, and proceedings of every kind and character now pending in or returnable to the Superior Court of Bacon County shall hold good and relate to the terms of as changed and fixed by this Act, and that all jurors and witnesses drawn or summoned to attend the November term of said court next after the passage of this Act shall be held and considered as drawn and summoned to attend the November term thereof next after the passage of this Act, and shall be required to attend the November term of said Court. Pending writs, etc., to relate to changed terms. 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 23, 1927.

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BRYAN SUPERIOR COURT TERMS. No. 308. An Act to provide for holding two terms a year of the Superior Court of Bryan County, Georgia, to prescribe the time of the holding of the same, to provide when this Act shall go into effect, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the time this Act becomes effective, as hereinafter provided, there shall be held in each year two terms of the Superior Court of Bryan County, Georgia, in the Atlantic Judicial Circuit. Two terms a year. Sec. 2. Be it further enacted by the authority aforesaid, that the two said terms of said court shall begin on the first Monday in May and November of each year. Held when. Sec. 3. Be it further enacted by the authority aforesaid, that this Act shall not become effective until that certain Act adopted by the General Assembly of the State of Georgia in August, 1927, providing for the establishment of the City Court of Pembroke, Georgia, shall become effective as provided for in said last-named Act. Condition on which effective. Sec. 4. Be it further enacted by the authority aforesaid that all petitions, processes, and suits of all kinds, and all bonds civil and criminal, returnable to any term of the court now provided for, other than the said May and November terms, shall, upon the date on which this Act goes into effect, be returnable to the next May or November term as the case may be, according to which of said last-named terms is nearest to the date this Act becomes effective; it being the intention of this Act that the four terms of said Court now provided for shall continue, unless the said Act providing for the establishment of the City Court of Pembroke becomes effective. Pending suits, etc., returnable when. 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 19, 1927.

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DOUGHERTY SUPERIOR COURT TERMS CHANGED. No. 2. An Act to change the time of holding Superior Court in the County of Dougherty, 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 Dougherty County, Georgia, shall be changed from the fourth Mondays in March and September to the third Mondays in March and September, respectively, in each year. Terms of court. 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 or returnable to said court shall hold good and relate to the terms of court as herein changed and fixed by this Act; and that all jurors and witnesses drawn or summoned to attend the term of said court convening on the fourth Monday in September next after the passage of this Act shall be held and considered as drawn and summoned to attend the September term of said court convening on the third Monday in September 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, orders, etc. Sec. 3. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 12, 1927. ECHOLS SUPERIOR COURT TERMS. No. 368. An Act to change the time of holding the Superior Court of Echols County, 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 authority of same, that from and after the passage of this Act the time of holding the spring and fall terms of Echols Superior Court shall be and is hereby changed from Tuesday after the second Monday in March and September, respectively, to the second Monday in March and September, respectively of each year. Terms of court. 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 23, 1927. FORSYTH SUPERIOR COURT TERMS. No. 139. An Act to provide for holding three terms a year of the Superior Court of Forsyth County, and to prescribe the time for holding the same. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be held in each year three terms of the Superior Court in and for said County of Forsyth, said State of Georgia. Three terms a year. Sec. 2. Be it further enacted by the authority aforesaid, that the terms of said court shall be held on the fourth Monday in March, on the fourth Monday in August, and on the fourth Monday in November in each year. Held when. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1927.

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IRWIN SUPERIOR COURT TERMS. No. 56. An Act to provide for holding three terms a year of the Superior Court of Irwin County; to prescribe the time for holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be held in each year three terms of the Superior Court of the County of Irwin, in the Tifton Circuit. Three terms a year. Sec. 2. Be it further enacted, that the terms of said court shall begin on the second Monday in February, second Monday in August, and second Monday in November in each year, and said court shall continue in session at each term thereof for the full period of two weeks, or so much of said period as shall be necessary to complete the business of said court, in the discretion of the trial judge, or until properly adjourned. Held when. Sec. 3. Be it further enacted, that the judge shall only draw a grand jury for the February and November terms of said court; provided, that the presiding judge in his discretion may in term time or vacation draw and require the attendance of the grand jury at the August term if the business of the court shall require it. Grand juries, when drawn, etc. Sec. 4. Be it further enacted, that all writs, orders, summons, subpoenas, bails, bonds, and all processes and proceedings of every kind and character to said court and pending therein shall hold good and relate to the term of the court as changed and fixed as provided by this Act, and that all persons who may be summoned and who have already been summoned to attend said court at the time now fixed by law shall be required to attend the corresponding terms as changed and fixed as provided in this Act. Writs, orders, etc.

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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 25, 1927. JEFF DAVIS SUPERIOR COURT TERMS. No. 134. An Act to fix the terms of the Superior Court of Jeff Davis County, to provide for terms of said court with a grand jury for each term, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that there is hereby created for the County of Jeff Davis four terms of the Superior Court to be held as hereinafter provided. Four terms a year. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted, that the terms of said court shall be held the first Monday in March, June, September, and December. Held when. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, that each term shall be with a Grand Jury. Grand jury each term. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that this Act shall become effective upon the passage of the same. Effective on passage. 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 6, 1927.

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JENKINS SUPERIOR COURT TERMS. No. 182. An Act to change the time of holding the Superior Court of Jenkins County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the time of holding Jenkins County. Superior Court shall be changed from the second Mondays in March and September of each year to the second Mondays in May and November of each year. Terms of court. Sec. 2. Be it further enacted by the authority aforesaid, that all writs, 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 considered 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, orders, etc. 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, 1927. LAMAR SUPERIOR COURT TERMS. No. 136. To be entitled an Act to provide for holding four terms a year of the Superior Court of Lamar County, to prescribe the time for holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, that from and after passage of this Act there shall be held in each year four terms of the Superior Court in and for the County of Lamar, said State, in the Flint Judicial Circuit. Four terms a year. Sec. 2. Be it further enacted by the authority aforesaid, that the terms of said court shall be held on the first and second Mondays in March, June, September, and December of each year. Held when. Sec. 3. Be it further enacted by the authority aforesaid, that the Judge of said court shall draw a grand jury for the March and September terms only of said court; provided, that the presiding judge in his discretion might require the attendance of a grand jury at the June and December terms, or either of them, if in his judgment the business of the court should require it. Grand juries, when drawn, etc. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1927. PAULDING SUPERIOR COURT TERMS. No. 22. An Act to increase the number of terms 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 authority of the same, that from and after the passage of this Act the number of terms of Paulding Superior Court is hereby increased from two to four terms, so that thereafter said terms shall commence and said Superior Court shall be held on the Second Monday in February, the first Monday in May, the first Monday in August and the first Monday in November of each year. Four terms a year.

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Sec. 2. Be it further enacted by the authority aforesaid, that all causes which have been or shall be brought to the August term, 1927, of said court, which are not by law triable at said term, shall stand for trial at the November term, 1927, thereof except as otherwise provided by law. All cases shall be triable at the second term, as said terms exist under this Act. Trial term. Sec. 3. Be it further enacted by the authority aforesaid, that grand jurors shall be drawn and serve in said court at the February and August terms only, but the right of the Judge to summon a grand jury specially shall not be changed hereby. Grand juries. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws conflicting with this Act be and the same are hereby repealed. Approved July 19, 1927. PULASKI SUPERIOR COURT TERMS. No. 28. An Act to increase the March and September terms of the Superior Court of Pulaski County from one week to two weeks, to fix the time for holding the same, and to provide for the business to be transacted at such terms, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, that from and after the passage of this Act the March and September terms of the Superior Court of Pulaski County shall be held on the second and third Mondays in said months; and that the length of said March and September terms of said court shall be two weeks instead of one week, as at present provided; and that during the week of said terms beginning on the second Monday in the months of March and September, the business to be transacted in said court shall be civil

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business, and that the business to be transacted during the week beginning on the third Monday in the months of March and September shall be criminal business. Provided, however, that the Judge of said Court, in his discretion, may transact criminal business during the week beginning the second Monday in March and September, and civil business during the week beginning the second Monday in March and September, and civil business during the week beginning the third Monday in March and September. March and September terms, two weeks; held when. Criminal business. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved July 19, 1927. RABUN SUPERIOR COURT TERMS. No. 324. An Act to provide for the holding of three terms annually, of Rabun Superior Court, to provide the time of holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, that the times of holding the regular terms of Rabun Superior Court shall be on the fourth Mondays in February and June, and the third Monday in November of each year, changing the same thereof, from two to three terms annually. Three terms a year. Held when. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall go into effect for and at the November term, 1927. Effective when. 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, 1927.

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TIFT SUPERIOR COURT TERMS. No. 55. An Act to provide for holding four terms of the Superior Court of Tift 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 Superior Court for the County of Tift. Four terms a year. Sec. 2. Be it further enacted by the authority aforesaid, that the terms of said court shall be held on the first Monday in March, third and fourth Mondays in June, the third Monday in September, and the first and second Mondays in December, of each year. Held when. Sec. 3. Be it further enacted by the authority aforesaid, that the judge of said court shall draw grand juries for the June term and the December term of said court, and in his discretion, either in term time or in vacation, he may draw grand juries for the March term and the September term of said court. Grand juries, when drawn, etc. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 25, 1927. TURNER SUPERIOR COURT TERMS. No. 184. An Act to amend an Act, approved July 23rd, 1925, entitled an Act to provide for holding four terms of the Superior Court of Turner County, Georgia; to prescribe

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the time for holding the same; to prescribe when and how grand juries shall be required to attend said court, and for other purposes, so as to provide for the holding of said court on the second and third Mondays in January, on the third Monday in April, on the second and third Mondays in July, and on the third Monday of October. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that section two (2) of an Act by the General Assembly of Georgia, Acts 1925, pages 113-114, approved July 23rd, 1925, be amended by striking the same in its entirety and substituting in lieu thereof a new section to be known as section two (2), which new section shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, that the January term of said court shall consist of two weeks beginning on the second Monday in January, the April term shall consist of one week beginning on the third Monday in April, the July term shall consist of two weeks beginning on the second week in July, and the October term shall consist of one week beginning on the third Monday in October. Terms of court. 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, 1927.

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TITLE VII. MISCELLANEOUS CIVIL AND PENAL LAWS. ACTS. Apples and Peaches; Grades and Marks. Baliff as Subpoena Clerk in Certain Counties. Bailiff's Salaries in Certain Counties. Banking Laws Amended. Commissioner of Agriculture; Surety Bond. Commissioner of Agriculture; Term of Office. Compensation of Officers in Certain Counties. County Lines; Referendum. County Manager Government; Referendum. County Warrants for Improvements; Payment in Certain Counties. Court Reporters' Pay in Certain Counties. Fence or Stock Law; Territory Exempted. Jewelers' Liens for Repairs. Judgments, Jurisdiction to Set Aside. Jury Commissioners' and Clerks' Compensation in Certain Counties. Life-Insurance Applications. Marriage Licenses; Amending Act. Motor-Vehicles; Amending Act. Municipal Charter, Referendum to Repeal. Nomination in Primary Elections in Certain Counties. Nurses; Profession Regulated; Board of Examiners. Ordinaries as Custodians of Insurance Money. Park's Code Supplements to be Supplied. Pensions and Relief to County Employees, etc., in Certain Counties. Pensions for Municipal Employees in Certain Cities. Pensions for Municipal Officers in Certain Cities. Persons of Color; Marriages; Registry. Petroleum Products Regulated. Pharmacy Board Established. Railroad Grade-Crossings, Elimination of. Real-Estate Brokers; Amending Act. Revenue and Expenses, Payment of. Savannah River Laws Repealed. Sentences in Certain City Courts. Sewers and Disposal Plants in Certain Counties. Street Improvements in Certain Municipalities. Tax-Collector as Sheriffs in Certain Counties. Tax-Collectors as Sheriffs in Certain Counties. Tax to Support Prisoners in Certain Counties. Training-School for Girls; Amending Act. Trust Companies Regulated. Tuberculosis in Domestic Animals. U. S. Government, Cession of Land to..... Vital Statistics. Water-Power; Condemnation of Highways.

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APPLES AND PEACHES; GRADES AND MARKS. No. 351. An Act to regulate the grading and marking of peaches and apples in closed packages; to authorize the Commissioner of Agriculture to establish and promulage official standard grades for apples and peaches and rules and regulations governing the marking of the same; to provide for the inspection of peaches and apples, the appointment of inspectors and their compensation; to prohibit violations of this Act, and to prescribe penalties therefor. Section 1. Be it enacted by the General Assembly of Georgia, that the Commissioner of Agriculture is hereby directed to establish and promulgage from time to time official standard grades for all closed packages of peaches and apples, by which the quantity, quality, and size may be determined, and prescribe and promulgate rules and regulations governing the marking which shall be required upon packages of peaches and apples for the purpose of showing the name and address of the producer or packer, the variety, quantity, quality, and size of the product, or any of them; provided that the Commissioner of Agriculture shall establish a grade for immature apples, and an unclassified or similar marking for all peaches and apples not included in the other grades established. Commissioner of Agriculture to abolish grades and marking rules for peaches, etc. Sec. 2. Whenever such standard for the grade or other classifications of peaches or apples under this Act becomes effective, every closed package containing peaches or apples grown and packed for sale or transported for sale by any person, firm, company, or organization, shall bear conspicuously upon the outside thereof, in plain words and figures, such markings as are prescribed by the Commissioner of Agriculture under the provisions of this Act. Every crate or package of peaches or apples shipped from any point within this State shall bear an adhesive stamp showing that they are classified under this Act, which stamp shall be sold by the commissioner of agriculture to applicants

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therefor for not more than one half () of one (1) cent each. Packages to be marked and stamps attached. Price of stamp. Sec. 3. The Commissioner of Agriculture of the State of Georgia shall be charged with the enforcement of the provisions of this Act, and for that purpose shall have the power: (a) to enter and to inspect personally, or through any authorized agent, every place within the State of Georgia where peaches and apples are produced, packed, or stored for sale, shipped, delivered for shipment, offered for sale, or sold, and to inspect such places and all peaches and apples and containers and equipment found in any such place. (b) to appoint, superintend, control, and discharge such inspectors and subordinate inspectors as in his discretion may be deemed necessary, for the special purpose of enforcing the terms of this Act, to prescribe their duties and fix their compensation. (c) Personally, or through any authorized agent or any such inspector, to forbid the movement of any closed package or packages of peaches or apples found to be in violation of any of the provisions of this Act, which have not been actually accepted by a common carrier for shipment in interstate traffic, and to require the same to be repacked or remarked. A carload of peaches or apples shall not be considered as actually accepted by a common carrier for shipment until the loading is finished, the car sealed, and the bill of lading issued. (d) To cause prosecution to be instituted for violations of this Act. Inspection: appointment of inspectors. Power to prevent movement of package. Prosecutions. Sec. 4. When peaches or apples in closed packages are delivered to railroad station or a common carrier for shipment, or delivered to a storage house for storage, such delivery shall be prima facie evidence that the peaches or apples are offered or exposed for sale. Delivery prima facie evidence of offer to sell. Sec. 5. Any person, firm, company, organizatin, or corporation, who shall violate any of the provisions of this Act, shall be punishable by a fine of not more than five hundred dollars ($500.00), or imprisonment for a period not to exceed 90 days, either or both, for each offense. Penalty.

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Sec. 6. No person, firm, or corporation shall be prosecuted under the provisions of this Act, when he or it can be established that the peaches or apples offered for sale have passed inspection by an authorized inspector of the State of Georgia, and bear the official Georgia State inspection stamp, or by an inspector of the United States Department of Agriculture, and found to be packed and marked in accordance with the requirements of the Commissioner of Agriculture of Georgia. Dealers protected by inspection, etc. Sec. 7. If any section, subsection, sentence, clause, or phrase of this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. Act not invalidated by void part. Sec. 8. No person in the State of Georgia shall ship any peaches which are immature, or peaches or apples unfit for human consumption; and no apples or peaches shall be offered for sale within the State of Georgia which do not bear on the packages the marks and grades prescribed in section 2 hereof. Unfit fruit not to be shipped. Sec. 9. All laws and parts of laws conflicting hereunto are hereby repealed. BAILIFF AS SUBPOENA CLERK IN CERTAIN COUNTIES. * * See Act on page 135, ante. No. 130. An Act to amend an Act approved August 19, 1925, fixing the salary of certain court bailiffs in counties of population of two hundred thousand or more, so as to authorize the designation of one of said bailiffs as subpoena clerk, and to provide a method for fixing his compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 19, 1925, fixing

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the salary of certain court bailiffs in counties of population of two hundred thousand or more, be and the same is hereby amended by adding a new section to be known as section 4, and to read as follows: See Ga. L. 1925, p. 100. Be it further enacted, that the commissioners of roads and revenues or other authority having control of county finances of such counties may designate one of said bailiffs as a subpoena clerk in the Superior Court, may define his duty and fix his compensation at not exceeding two hundred dollars per month, to be paid monthly out of the county treasury. Bailiff as subpoena clerk; salary. Sec. 2. Be it further enacted, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 6, 1927. BAILIFFS' SALARIES IN CERTAIN COUNTIES. * * See Act on page 135, ante. No. 13. An Act to provide the method of fixing the salaries of court bailiffs appointed by the Judges of the Superior and City Courts in counties having a population of two hundred thousand inhabitants, or more, 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 this Act shall apply to all counties in the State of Georgia having by the United States census of 1920, or any future census, a population of two hundred thousand inhabitants, or more. Sec. 2. That from and after the passage of this Act, in all counties described in paragraph 1, the salaries of court bailiffs appointed by the Judges of the Superior Courts and by the Judges of the City Courts in said county or counties, shall be two hundred dollars ($200.00) per

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month for each bailiff, to be paid monthly out of the county treasury; provided, however, the commissioners of roads and revenues, or other county authority having charge of the fiscal affairs of said county, may, in their discretion, reduce said salaries to any sum not less than one hundred fifty dollars ($150.00) per month for each bailiff. Salaries of bailiffs. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 14, 1927. BANKING LAWS AMENDED. No. 386. An Act to amend an Act entitled An Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia; to provide for the incorporation of banks, and the amendment, renewal, and surrender of charters; to provide penalties for the violations of laws with reference to banking and banking business; and for other purposes, 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, as follows: Section 1. That section 3 of article 1 of said Act be amended by striking therefrom all of the provisions therein contained, and by placing in lieu thereof the following provisions, to wit: Ga. L. 1919, p. 136, amended. Branch banks, already established under the law of this State, shall be operated as branches, and under the name of the parent bank, and under the control and direction of the board of directors and executive officers of said parent bank. The board of directors of the parent bank shall elect a cashier, and such other officers that may be required to properly conduct the business of said branch;

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and a board of directors, or loan committee, shall be responsible for the conduct and management of said branch, but not of the parent bank or of any other branch save that of which they are officers, directors, or committee. By January tenth of each tax year the board of directors of the parent shall set aside for the exclusive use of said branch such proportion of its entire capital that the total deposits of such branch bank on January first of each tax year bears to the grand total of all the deposits on January first of each tax year in all branches of such bank, or banking association, including the parent bank, in this State. Branch banks shall be taxed on the capital set aside, as herein provided, to their exclusive use in the counties, municipalities, and districts in which they are located, and the parent banks shall be relieved of taxation to the extent of capital so set aside for the exclusive use of such branch; provided, that the real estate owned or held by branch banks shall be taxed in the county, municipality, and district where located, as other real estate situated in such county, municipality, and district, the same to be deducted from either the value of the capital of the parent bank or the respective branch bank. It shall be the duty of the board of directors of the parent bank to furnish a sworn statement to the taxing authorities of the county, municipality, and district in which the branch bank is located, of the total amount of deposits on January first of each tax year in each of the branch banks, including the parent bank, and such sworn statement shall be filed with such taxing authorities not later than March first of each tax year, and shall, at the same time, furnish to such taxing authorities a sworn statement of the proportionate part of the capital of such bank, or banking association, so set aside, as herein provided, for such county municipality, and district for taxing purposes for that year. If the taxing authorities in any county, municipality, and district are not satisfied with the amount of capital set aside for such county, municipality, and district for taxation, such taxing authorities shall have the right to file with the Superintendent of Banks of this State objections

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to the amount of capital so set aside, and, upon ten days written notice to the directors of the parent bank and to such authorities, such superintendent shall hear evidence, at a time and place to be fixed by him in such notice, and determine, what amount should have been set aside to such branch bank for taxation in the county, municipality, and district in which it is situated, as herein provided, and his decision on the question shall be final, and the amount of capital so set apart by him shall be subject to taxation in such county, municipality, and district in which such branch bank is situated. Capital, as used in this section of this Act, shall include surplus and undivided profits, except real estate owned or held by the bank. After this Act takes effect, no new or additional branch banks shall be established. Branch banks. Taxation of branch banks. Capital includes what. New branch banks prohibited. Sec. 2. That section 5 of article 7 be amended by adding the following paragraph at the end of said section, to wit: Ga. L. 1919, p. 154, amended. The superintendent shall also file and have recorded in the office of the clerk of the Superior Court of the county in which the bank is located, and if the bank has a branch or branches in another or other counties, in such county or counties also, a certificate under his hand and the seal of the Department of Banking, wherein he shall set forth that the assets and business of the bank have been taken charge of by him for the purposes of liquidation, giving the date on which he took charge. A certified copy of said certificate shall be admissible in evidence without proof, as a duly recorded deed is admitted. Superintendent's certificate as to taking charge for liquidation. Sec. 3. That section 6 of article 7 be amended by adding at the end of said section the following: When necessary, in order to make good an impairment of capital, the stockholders, with the approval of the superintendent, may levy a voluntary assessment on the stockholders as provided in article 7, the amount of the assessment to be fixed by the Superintendent. So that section when amended will read as follows: Ga. L. 1919, p. 156, amended Levy of voluntary assessment on stockholders.

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Sec. 6. Business Resumed, how. After the Superintendent of Banks has so taken possession of any bank, the Superintendent may permit such bank to resume business upon such conditions as may be approved by him. When necessary, in order to make good an impairment of capital, the stockholders, with the approval of the superintendent, may levy a voluntary assessment on the stockholders as provided in article 7, the amount of the assessments be fixed by the superintendent. To read. Sec. 3-A. That section 5 of article 19 of banking Act be amended by striking the words may and substituting the word shall. Ga. L. 1919, p. 193, amended. Sec. 4. That section 15 of article 7 be amended by striking the entire section, and inserting in lieu thereof the following: Id. p. 158, amended. Sec. 15. Superintendent may reject claims or change rank. If the Superintendent doubts the justice and validity of any claim or deposit or the priority therefor as claimed in the proof filed, he may either reject the same or change the rank or order of paying the same and serve notice of such rejection or change upon the claimant or depositor, either personally or by registered mail, and an affidavit of the service of such notice, which shall be prima facie evidence thereof, shall be filed in the office of the Superintendent. Any action or suit upon such claim so rejected or changed as to rank, whether for the purpose of having said claim allowed or of establishing the rank or order of payment thereof must be brought by the claimant against the bank in the proper court of the county in which the bank is located, within ninety (90) days after such service, or the same shall be barred. Notice of the filing of such suit with a copy of the petition shall be given by the claimant to the Superintendent of Banks by registered mail at least ten days (10) before the suit shall be in order for trial. The Superintendent, if he so desires, may defend the suit in the name of the bank. Suits brought under this section shall be tried at the first term of the court. Rejection or change of rank of claim. Limitation of suit.

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Sec. 4-A. That section 16 of article 7 be amended by striking the same and inserting in lieu thereof the following: Ga. L. 1919, p. 159, amended. Sec. 16. Objections to claims. Objections to any claim or deposit not rejected or changed as to rank or order of payment by the Superintendent may be made by the party interested, by filing a copy of such objections with the Superintendent; and the Superintendent, after investigation, shall either allow such objections and reject the claims or deposit, or change the rank or order of payment thereof, and present such objections to the Superior Court of the county in which the bank is located, which court shall cause an issue to be made up and tried at the first term thereafter, as to whether or not such claim or deposit should be allowed and as to the proper rank or order of payment thereof. Interested party's objection to claim. Sec. 5. That section 19 of article 7, providing the order of paying the debts of an insolvent bank, be stricken, and the following section inserted in lieu thereof: See. Ga. L. 1919, p. 159; Ga. L. 1925, p. 129. Sec. 19. Order of paying debts. After the payment of the expenses of liquidation, including compensation of agents and attorneys, and after the payment of unremitted collections, the order of paying off debts due by insolvent banks shall be as follows: Rank of claims. (1) Debts due depositors. Priority of depositors. (2) Debts due for taxes, State and Federal. (3) Judgments. (4) Contractual obligations. (5) Unliquidated claims for damages and the like. Provided, that nothing herein contained shall affect the validity of any security or lien held by any person or corporation. Sec. 6. That section 24 of article 7, as amended by the Act approved August 26, 1925, be further amended by adding at the end of said section the following:

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In case of banks which were closed and being liquidated by the Superintendent before August 25, 1925, claims which are not filed within sixty days from the date of the approval of this Act shall be forever barred, and all funds deposited or held to meet such claims, and any dividends which may have been declared but are not collected within such period of sixty days, shall become a part of the general funds of the bank, and shall be distributed as other assets. Bar of claims. Sec. 7. That section 1 of article 8 be amended by striking subsection (3) thereof and inserting in lieu thereof the following: Ga. L. 1919, p. 164, amended. (3) The amount of its capital stock which shall not be less than twenty-five thousand ($25,000.00) dollars where located in a town or city whose population does not exceed three thousand according to the last preceding census of the United States, and not less than fifty thousand ($50,000.00) dollars where located in a city or town whose population exceeds three thousand according to said census. Provided, this section shall not apply to banks whose capital stock is now fixed, so they shall not be required to increase the same. Minimum capital. Sec. 8. That article 19 be amended by striking section 2 thereof and substituting in lieu thereof the following: Ga. L. 1919, p. 191, amended. Sec. 2. Qualifications of directors. Every director must, during his whole term of service, be a citizen of his State or reside within 25 miles of the city or town in which the bank is located, and at least three fourths of the directors must be residents of the city or town in which the bank is located or within twenty-five miles thereof, and must continue so to reside during their continuance in office. Every director must own in his own right and unpledged at least ten shares of the capital stock of the bank of which he is a director, upon which all installments which are due shall have been paid in full, unless the capital of the bank shall not exceed twenty-five thousand dollars, in which case he must own at least five shares of such stock. Any director who ceases to be the owner of the number of shares

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herein required, or who pledges the same, or who fails to pay any installment thereon when the same becomes due, or who becomes in any other manner disqualified, shall vacate his place as a member of the board. Provided, that this section shall not apply to directors in office at the date this Act takes effect, and said directors shall be qualified to succeed themselves as often as they may be re-elected, without reference to the provisions of this section. Qualifications of directors. Sec. 9. That section 13 of article 19 be amended by inserting in the 19th line of said section as amended by the Act approved August 21, 1922, between the words or discount and if inexcess, the following, not to exceed 20 per cent of the capital and surplus and, so that the section when so amended shall read as follows: See Ga. L. 1922, p. 70. Sec. 13. Loans by bank, limit of. No bank shall be allowed to lend to any one person, firm, or corporation more than twenty (20) per cent of its capital, and unimpaird surplus. And no loan shall be made in excess of ten (10) per cent of the capital and surplus, except upon good collateral or other ample security and with the approval of a majority of the directors, or of a committee of the board of directors authorized to act, which approval shall be evidenced by the written signature of said directors or the members of said committee. In estimating loans to any person, all amounts loaned to firms and partnerships of which he is a member shall be included: Provided, however, that a bank may buy from or discount for any person, firm, or corporation, bills of exchange drawn in good faith against actually existing values, or commercial or business paper actually owned by the person negotiating the same, in addition to loans directly made to the person, firm, or corporation selling the same, such purchase or discount not to exceed twenty (20) per cent of the capital and surplus, to be approved in writing by a majority of the directors, or by a committee of such board authorized to act; and provided, that the limit of loans herein fixed shall not apply to bona fide loans made upon the security of agricultural, manufactured, industrial products or live stock

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having a market value and for which there is ready sale in the open market, title to which by appropriate transfer shall be taken in the name of the bank, and which shall be secured by insurance against loss by fire, with policies made payable to the bank, where no more than eighty (80) per cent of the market value of such products shall be loaned or advanced thereon. In all such cases a margin of twenty (20) per cent between the amount of the loan and the market value of the products shall at all times be maintained (except where products are intended for immediate shipment); and the bank shall have the right to call for additional collateral when the difference between the market value and the amount loaned shall be less than twenty (20) per cent., and in the event of the failure to comply with such demand, to immediately sell all or any part of such products in the open market and pay the amount of the loan and the expenses of sale, and the balance to the borrower; and provided, that the limit herein fixed shall not apply to loans fully secured by bonds or certificates of indebtedness of the United States or of this State, or of the several counties, districts, or municipalities thereof which have been duly and regularly validated as provided by law. Liabilities arising to the makers and indorsers of checks, drafts, bills of exchange, received by the bank on deposit, cashed, or purchased by it, shall not in any way be considered as borrowed money or loans. It shall be the duty of the Superintendent of Banks to order any loans in excess charged to profit and loss, provided in his opinion such excess is not well secured; and if such reduction shall not be made within thirty (30) days after such notification, to proceed as in other cases provided for violation of the orders of the Superintendent. Limit of loans. Sec. 10. That section 23 of article 19 be amended by stricking all of said section except the proviso added to the section by the Act approved August 13, 1924, which authorizes a bank to purchase stock in an agricultural credit corporation, and substituting in lieu thereof the following: see Ga. L, 1919, p. 201: Ga. L. 1924, p. 76.

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Sec. 23. Purchase of stocks and investment securities. No bank shall subscribe for, purchase, or hold stock in any other bank, except stocks in the Federal Reserve Bank of Atlanta, necessary to qualify for membership therein, nor in any other corporation unless the same shall have been transferred to it in satisfaction of a debt previously contracted, or shall have been purchased at a sale under a power contained in a note or other instrument by which it was pledged to the bank or under a judgment or degree in its favor, and all such stock shall be disposed of by the bank within six months, unless the Superintendent of Banks shall extend the time for good cause shown. Nor shall a bank purchase or hold any bonds or debentures except such as are classed as investment securities, and the buying and selling of such securities shall be limited to buying and selling without recourse marketable obligations upon which there has never been a default, evidencing indebtedness of any person, copartnership, association, or corporation in the form of bonds, notes and/or debentures, commonly known as investment securities, under such regulations as may be prescribed by the Superintendent of Banks. The total amount of such investment securities shall at no time exceed 25 per cent. of the capital and unimpaired surplus of such bank; but this limitation as to the amount shall not apply to obligations of the United States, of this State, or of the several counties, districts, or municipalities thereof which have been validated as provided by law. Nothing in this section is to be construed as applying to savings banks doing a savings business only. Provided that this section shall not apply to securities actually owned at the date Act of 1919 became effective. Purchase of stocks, bonds, etc. Savings banks, etc., excepted. Sec. 11. That section 48 of Article 19 be amended by striking the figures $100 and inserting the following words and figures, to wit: three hundred and no/100 ($300.00) dollars, and by adding at the end of said section the following: Such deposit shall be exempt from the process of garnishment, so that said section when amended shall read as follows: Ga. L. 1919, p. 211, amended.

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Sec. 48. Payment of deposit of deceased depositor. Upon the death of any person intestate, having a deposit in a bank of not more than three hundred no/100 ($300.00) dollars, such bank shall be authorized to pay over such deposit: (a) to the husband or wife of the depositor; (b) if no husband or wife, to the children; (c) if no children, to the father if living; if not, to the mother of the depositor; (d) if no children or parent, then to the brothers and sisters of the depositor. The receipt of such person or persons shall be a full and final acquittance to the bank and relieve it of all liability to the estate of said deceased depositor or the representative thereof should one be appointed. Such deposit shall be exempt from the process of garnishment. Deposit of decedent payment of. Exemption from garnishment. Sec. 12. That article 19 of said Act be amended by adding an additional section to be known as section 50, which said section shall read as follows: New section (50) added to Art. 19. Sec. 50. Stale checks. Where a check or other instrument payable on demand at any bank or trust company doing business in this State is not presented for payment within six months from the date thereof, the same shall be regarded as a stale check, and the bank or trust company upon which the same is drawn may refuse payment thereof unless expressly instructed by the drawer or maker to pay the same, and no liability shall be incurred to the drawer or maker for dishonoring the check or other instrument by such non-payment. Stale checks. Sec. 13. That article 19 of said Act be amended by adding an additional section to be known as section 51, which said section shall read as follows: Sec. 51 added. Sec. 51. Stop-payment orders to be renewed. No revocation, countermand, or stop-payment order relating to the payment of any check or draft against an account of a depositor in any bank or trust company doing business in this State, shall remain in effect for more than ninety (90) days after the service thereof on the bank, unless the same be renewed, which renewals shall be in writing and shall be in effect for not more than ninety (90) days from

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the date of the service thereof on the bank or trust company, but such renewals may be themselves renewed from time to time. All notices affecting checks or drafts of any bank or trust company, upon which revocation, countermand, or stop-payment orders have heretofore been made, shall not be deemed to continue in effect for more than ninety (90) days from the date of the approval of this Act, unless renewed in writing, which renewal shall not continue in effect for more than ninety (90) days from the date of the service thereof on the bank or trust company. Stop payment orders effective 90 days: renewal. Sec. 14. That section 15 of article 20 be amended by inserting in the sixth line thereof, between the words guaranteed and shall be guilty, the words in a manner satisfactory to the Superintendent of Banks, and by his express permission, so that the said section when so amended shall read as follows: Ga. L. 1919, p. 215, amended. Sec. 15. Falsely advertising that deposits are insured. Any officer, director, agent, or employee of any bank, who shall advertise by any office sign or upon any letterhead, billhead, blank note, receipt, certificate, circular, or on any written or printed paper that the deposits in said bank are insured or are guaranteed, unless such deposits are in fact insured or guaranteed in a manner satisfactory to the Superintendent of Banks and by his express permission, shall be guilty of a misdemeanor. Misrepresentation as to [Illegible Text] of deposits. Sec. 15. That said Act be amended by adding at the en thereof a new article to be numbered 23, as follows: New Article added. Article 23. Short title. Section 1. Short title. The Act approved August 16, 1919, entitled An Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia, to provide for the incorporation of banks, and the amendment, renewal, and surrender of charters; to provide penalties for the violation of laws with reference to banking and the banking business; and for other purposes, and the several Acts amendatory thereof, shall be referred to collectively as The Banking Law. Act of 1919 and amendments to be referred to as The Banking Law.

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Sec. 15-A. All suits against the Superintendent of Banks, arising out of the liquidation of insolvent banks, shall be brought in the county in which such bank had its principal place of business, and service may be had on the Superintendent by serving such suit and process on the liquidation agent in charge of the affairs of the said bank, or, if there be none, on any former officer of said bank; provided, however, that in all such suits a second original shall be served on the Superintendent of Banks. Venue of suits; service. Sec. 16. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 25, 1927. COMMISSIONER OF AGRICULTURE; SURETY BOND. No. 357. An Act to require the giving of surety bond by the Commissioner of Agriculture for the prompt and faithful performance of the duties of the office, and for the proper accounting for all monies, fees, etc., received by the office; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Commissioner of Agriculture of the State of Georgia be and he is hereby required to give a bond of fifty thousand ($50,000.00) dollars as a guaranty of the faithful performance of the duties of his office, and for the proper accounting for all monies, fees, etc., received by the office, said bond to be furnished by a surety company authorized to do business in Georgia by the laws of this State, provided said premium on said bond, shall be paid by the State of Georgia. Bond of Commissioner of Agriculture. Sec. 2. Be it further enacted by authority of the same, that all laws and parts of law in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 23, 1927.

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COMMISSIONER OF AGRICULTURE; TERM OF OFFICE. No. 322. An Act to fix the time of expiration of the term of the present Commissioner of Agriculture and of succceeding Commissioners of Agriculture, 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 term of office of the Commissioner of Agriculture shall expire at midnight on December 31, 1928. Term of Commissioner of Agriculture. Sec. 2. Be it further enacted that beginning January 1, 1929, the term of office of the Commissioner of Agriculture shall be for a period of two years, or until his successor is elected and qualified. Sec. 3. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927. COMPENSATION OF OFFICERS IN CERTAIN COUNTIES. No. 263. An Act to amend an Act 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 the 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, approved August 13th, 1924, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia,

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approved August 13th, 1924, and 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 the clerk of the Superior Court only or ex-officio clerk of other courts), the sheriff, the ordinary, the tax-collector, and the tax-receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes, be and the same is hereby amended as follows: See Ga. L. 1924, p. 90. [A] By adding at the end of section one the words, except as hereinafter provided. [B] By adding at the end of section three the words, Provided that in counties having a population of not less than ninety thousand (90,000) nor more than one hundred and fifty thousand (150,000) by the census of the United States, the clerk of the Superior Court shall be paid a salary of nine thousand ($9,000.00) dollars per annum; the sheriff a salary of seven thousand ($7,000.00) dollars per annum; the ordinary a salary of six thousand, five hundred ($6,500.00) dollars per annum; the tax-collector a salary of one thousand ($1,000.00) dollars per annum for services collecting the county taxes; the tax-receiver a salary of three thousand, five hundred ($3,500.00) dollars per annum for receiving the returns for county taxes; each of said salaries to be paid in equal monthly installments. Provided that nothing herein shall affect any fees or compensation that are now allowed by law to the said tax-collector by the State of Georgia or that may be fixed or allowed hereafter by law, it being the intent of this proviso that the fees and compensation which said tax-collector receives from the State shall not be abrogated and shall not be considered as any part of the salary he receives from the County of Chatham. Salaries in counties of from 90,000 to 150,000 population. [C] By adding at the end of section five of said Act the words, The provisions of this section shall not apply to counties having a population of not less than ninety thousand (90,000) nor more than one hundred and fifty thousand (150,000) inhabitants. Counties excepted from sec. 5.

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[D] By adding at the end of section six the following: Provided, that as relates to counties having a population of not less than ninety thousand (90,000) nor more than one hundred and fifty thousand (150,000) inhabitants, the words and figures, as provided in section 3, 4, and 5 hereof, shall be stricken. Counties excepted from sec. 6. Sec. 2. Be it further enacted that this Act shall become effective January 1st, 1928. Effective Jan. 1, 1928. 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, 1927. COUNTY LINES; REFERENDUM. No. 312. An Act to provide for the change of county lines lying within the limits of certain incorporate towns and cities; to provide for the calling of elections for said purpose, and to provide for the declaration of the result of elections held in accordance with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that whenever the boundary lines of one (1) or more of the counties of this State shall lie within the corporate lines of any town or city having a population of not less than four hundred (400) or more than five hundred (500) inhabitants, according to the census of 1920 or any future census, and it is desired to change the county lines and bring the said town or city wholly within the limits of one (1) county only; the change of such county lines shall be effected in the following manner: Election to change county line in town of 400 to 500 population. Whenever a petition, signed by not less than thirty (30) qualified voters of said town or city shall be addressed to

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the governing authorities of said town or city asking that an election shall be held as in this Act prescribed, provided that there shall be not less than fifteen (15) petitioners from each of the counties whose boundary lines lie within the corporate limits of said town or city, and said petition be approved by a majority of the members of the governing board of said town or city, it shall be the duty of said governing authorities to submit the matter, as herein provided, to the lawful voters of said municipality at any general election therein, or at any special election held for that purpose, after advertising the same in either case once a week for four (4) weeks in the public gazette in which sheriff's advertisements are published in each of the counties whose boundary lines lie within the limits of said municipality, and also in the public gazette in said municipality if there be one published therein. Said special election shall not be held earlier than thirty days after the publication of first notice, and shall be held under the same rules and regulations as provided for the election of members of the General Assembly. At any such general or special election, the question shall be submitted in such manner as to enable each voter to say whether he desires a change in existing boundary lines so as to bring the municipality wholly within the line of one of the adjacent counties, and which of the adjacent counties he desires the municipality to be included within. Whenever at such general or special election, a majority of the votes cast shall be in favor of changing the county lines so as to bring the municipality wholly within the line of one of the adjacent counties, and a majority of the votes cast shall be in favor of one of said adjacent counties, the mayor and clerk of said town or city shall within thirty days certify and declare the result of said election to the ordinaries or board of county commissioners or other officers having the control of the county business in each of the county affected. The said municipal and county authorities shall thereupon proceed to readjust and change the lines of the counties affected, in such manner as to include the said municipality wholly within the limits of the particular county

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fixed upon by said election, and shall cause a description and map of the new line to be filed and recorded in the office of the clerks of the Superior Courts of each county affected, and shall cause an official notice of the change and desciption to be published once a week for four weeks in a public gazette in their respective counties; and thereupon the new line or lines shall be held to be established in lieu of the original line or lines. The costs of said proceedings shall be paid by the said town or city desiring the same. Advertisement and time of election. Declaration of result. 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, 1927. COUNTY-MANAGER GOVERNMENT; REFERENDUM. No. 301. An Act to amend an Act approved August 21, 1922, and found in Georgia Laws 1922, page 82, providing for a Uniform County Commissioners' law for such counties as may require a commission form of county government, composed of a board of county commissioners of roads and revenues, with a county manager as the chief executive officer thereof, to be known as the county-manager form of county government, so as to provide that such Act shall go into force and effect in a county in this State having a population of 44,051 by the 1920 census taken by the United States government, and that the operation of this Act shall be suspended and terminated in a county in this State having a population of 44,051 by the 1920 census of the United States government only upon the majority vote of the qualified voters of the county voting in an election called for the purpose of submitting to the qualified voters of the county the question whether the county-manager form of county

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government shall be established or abolished in such county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, approved August 21, 1922, and found in Georgia Laws 1922, page 82, be and the same is hereby amended by adding after the word county and before the word provided the following: Provided, however, that this provision shall not affect a county in this State having a population of 44,051 by the 1920 census taken by the United States government, and this Act shall go into force and effect in a county of this State having a population of 44,051 by the 1920 census taken by the United States government, and the operation of this Act in such county adopting the same shall be suspended and terminated only upon an election for the purpose of submitting to the qualified voters of the county the question whether the county-manager form of county Government shall be established or abolished in such county as provided in this Act. If a majority of the qualified voters of such county, voting in such election, shall vote in favor of establishing the county-manager form of county government in and for such county, this Act shall thereupon become of full force and effect in such county; and if a majority of the qualified voters of such county, voting in such election, shall vote in favor of abolishing the county-manager form of county government in such county, such form of county government shall thereupon be suspended and terminated in such county; and upon the suspension of the operation of this Act in such county, the local act of force in such county shall automatically be revived and shall have full force and effect in such county as if its operation had not been suspended in such county by the adoption of this act by such county, so that section 24 of said Act, when so amended, shall read as follows: Referendum as to county-manager government of county of 44,051 population. Sec. 24. Be it further enacted, that this Act shall be a general law to provide a uniform county commissioner's

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law for all such counties in this State as may require a commission form of county government composed of a board of county commissioners of roads and revenues for such county, with a county manager as the chief executive officer thereof, to be known as the county-manager form of government, and shall not prevent any county in this State from having a county commissioner's form of county government by local act as now provided by law, provided such local Act shall not provide a county-manager form of government for such county; and this Act shall not go into effect in any county of this State except upon a majority vote of the qualified voters of the county, and the operation of this act in any county adopting the same shall be suspended and terminated in like manner upon a majority vote of the qualified voters of the county; and upon the suspension of the operation of this Act in any county, the local Act of force in such county shall automatically be revived and shall have full force and effect in such county, as if its operation had not been suspended in such county by the adoption of this Act by such county; provided, however, that this provision shall not affect a county in this State having a population of 44,051 by the 1920 census taken by the United States government, and this Act shall go into force and effect in a county of this State having a population of 44,051 by the 1920 census taken by the United States government, and the operation of this Act in such county adopting the same shall be suspended and terminated only upon an election called for the purpose of submitting to the qualified voters of the county the question whether the county-manager form of county government shall be established or abolished in such county as provided in this Act. If a majority of the qualified voters of such county, voting in such election, shall vote in favor of establishing the county-manager form of county government in and for such county, this Act shall thereupon become of full force and effect in such county; and if a majority of the qualified voters of such county voting in such election shall vote in favor of abolishing the county-manager form of county government in such county,

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such form of county government shall thereupon be suspended and terminated in such county; and upon the suspension of the operation of this Act in such county, the local Act of force in such county shall automatically be revived and shall have full force and effect in such county as if its operation had not been suspended in such county by the adoption of this Act by such county; provided, however, that the members of the board of commissioners of such county, in office under the provisions of this Act at the time of the suspension of the operation of this Act in such county, shall hold office and act as the commissioners of such county under the provisions of such local Act of such county until the expiration of their respective terms of office under the provisions of this Act, and until their successors shall be elected and qualified under the provisions of such Act for such county; provided, further, that the operation of this Act in any county of this State shall not be suspended and terminated by any election held within two full years after this Act shall be put into effect in such county. If the ordinary of the county shall be in charge of the affairs of such county at the time of the adoption of this Act in such county, the ordinary shall take charge of the affairs of such county upon the supervision of the operation of this Act in such county, as now provided by law for counties having no county commissioners. To read. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. COUNTY WARRANTS FOR IMPROVEMENTS; PAYMENT IN CERTAIN COUNTIES. No. 240. An Act authorizing and empowering the ordinaries or boards of county commissioners, or other county authorities

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in this State where such boards exist, and who have the management of the revenues of the counties, in all the counties of this State having a population of not less than 11,170 nor more than 11,200 according to the 1920 census, whenever the purposes of a county bond issue has been accomplished, which fact is to be judged of by said county authorities, and there remains a balance of the proceeds of said bond issue on hand, to use said balance in the satisfaction of outstanding warrants representing the costs of permanent county improvements, or in making permanent county improvements; 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 ordinaries or boards of county commissioners, or other county authorities in this State where such boards exist, and who have the management of the revenues of the counties, in all the counties in this State having a population of not less than 11,170 nor more than 11,200 according to the 1920 census, are hereby authorized and empowered, whenever the purposes of a county bond issue has been accomplished, which fact is to be judged of by said county authorities in their discretion, and there remains a balance of the proceeds of said bond issue on hand, to use said balance in the satisfaction of outstanding warrants representing the costs of permanent county improvements, or in making permanent county improvements. Use of balance of proceeds of bond issue, to pay warrants in county of 11,170 to 11,200 people. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall not become operative until November 1st, 1927. 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 15, 1927.

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COURT REPORTERS' PAY IN CERTAIN COUNTIES. No. 210. An Act to amend an Act entitled 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 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 20, 1925, be and the same is hereby amended by striking from section 1 thereof the words not to exceed three thousand dollars per annum, and inserting in lieu thereof the words not to exceed forty-two hundred dollars per annum, so as to make section 1 of said Act read as follows: Pay of reporters of superior and city courts in certain counties. Section 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, if not to exceed forty-two hundred dollars per annum, payable monthly, which salary shall be compensation in full for attendance upon and taking stenographic notes in any court or division thereof covered by this Act.

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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 15, 1927. FENCE OR STOCK LAW; TERRITORY EXEMPTED. No. 92. An Act to exempt certain areas in the mountain region of Georgia from the operation of the stock law or no-fence law; defining the areas to be exempted; to provide or an election to determine the law 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 in those several counties of the mountain region of Georgia wherein the consent of the State of Georgia has been given to the United States for the acquisition of land for the establishment of National Forest Reserves, where any area composed of three or more militia districts, in which the United States has acquired a majority of the forest lands, which area is isolated from other stock law or no-fence territory by reason of natural barriers such as mountain ranges, or which is adjacent to non-stock law or fence-law territory, and located in counties which heretofore or may hereafter vote in favor of county-wide stock law or no-fence law, may be exempted from the operation of the stock law or no-fence law when a majority of the lawful voters of said area vote in favor of the same. Exemption of mountain districts from no-fence or stock law; election as to. Sec. 2. Be it further enacted by the authority aforesaid, that it shall be the duty of the ordinary of the county wherein such area is located, when a petition is filed with him, signed by ten or more of the freeholders of the several militia districts located in said area, to hear and determine said petition; and if he is satisfied that the area described in said petition is so isolated from other stock-law territory

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or adjacent to non-stock-law territory, then it shall be his duty to call an election, giving notice of the same for twenty days in each of the districts named in said petition, by posting notices at three or more public places, and submit the question of Fence or No fence for said area to the qualified voters of the area described in said petition, which election shall be held in each district embraced in the area, under the same rules and regulations governing the holding of elections for members of the General Assembly. If a majority of the votes polled in said area at said election are for Fence, then the same shall become operative and effective in said area ninety days from the date of said election, and said area shall then be exempt from the operation of county-wide stock law. Petition of freeholders. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1927. JEWELERS' LIENS FOR REPAIRS. No. 173. An Act to provide for the sale of articles left for repairs with jewelers and others, for the purpose of enforcing the lien of such jewelers and others for materials furnished and work done in repairing such articles, 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 jeweler, or other person, firm, or corporation engaged in the business of repairing watches, clocks, jewelry and other articles of similar character, to sell such articles upon which charges for repairs, including work done and materials furnished, have not been paid, which have remained in the possession of such jeweler, person,

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firm, or corporation, for a period of one year after the completion of said repairs, for the purpose of enforcing the lien of such jeweler, person, firm, or corporation for materials furnished and work done in repairing such article or articles. Sale to enforce lien for repair of jewelry, etc. Sec. 2. Be it further enacted by the authority aforesaid, that before any sale shall be made as provided in section 1 hereof, the person, firm, or corporation making such sale shall give thirty days' notice thereof by posting a notice of such sale before the court-house door of the county in which such repairs were made, giving the name of the owner of the article or articles so repaired, if known, and if not known, the name of the person from whom such article or articles were received, a description of the article or articles to be sold, and the name of the person, firm, or corporation making such repairs and proposing to make such sale; and shall also give written notice thereof by sending a registered letter to the last known address of the owner of such article or articles, or the person who left such article or articles for repairs, advising such persons of the time and place of sale, the description of the article or articles to be sold, and the amount claimed by said person, firm, or corporation for such repairs, including work done and materials furnished, and the said amount so claimed for such repairs shall also be stated in the notice posted before the court-house door as hereinbefore stated. Notice before sale. Sec. 3. Be it further enacted by the authority aforesaid, that all sales made under the provisions of this Act shall be made at public outcry, 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 article or articles to be sold, and during the hours provided by law for holding sheriff's sales. Sale at public outcry before court-house. Sec. 4. Be it further enacted by the authority aforesaid, 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 work done and materials

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furnished in repairing such article or articles sold, including the cost of the registered notice hereinbefore provided for, and the residue, if any, shall be paid to the ordinary of the county wherein such sale shall have taken place, who shall hold said sum for a period of one year, during which time the owner or owners of the article or articles so sold may claim said residue; but at the end of said period of one year, if said residue shall not have been claimed by the owner or owners of the article or articles, so sold, then and in that event said residue shall by the said ordinary be placed in the common-school fund of the county wherein said sale was made. Application of proceeds. Unclaimed residue for school fund. Sec. 5. Be it further enacted by the authority aforesaid, that any jeweler, person, firm, or corporation desiring to avail himself of the provisions of this Act shall display a sign in his place of business notifying the public that all articles left for repairs will be sold for charges at the expiration of one year from completion of such repairs. Display of sign as to intention to sell. 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 11, 1927. JUDGMENTS, JURISDICTION TO SET ASIDE. No. 153. An Act to confer jurisdiction upon the several courts of this State and the judges thereof to vacate and set aside a judgment rendered by either of them on an obligation secured by a deed to secure debt, a bond for title, a bill of sale, and the like, as well as a decree of foreclosure, at any time before sale of the property under such judgment or decree of foreclosure 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:

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Section 1. That when a judgment shall be rendered upon any obligation secured by a deed to secure debt, a bond for title to realty, or a bill of sale to personality, given under section 3306 of the Civil Code of 1910, the court which rendered such judgment, or the judge thereof in vacation, shall have jurisdiction, power, and authority to vacate and set aside said judgment at any time before the sale of the property described in the deed, bond for title, or bill of sale is made, upon motion of the attorney of the plaintiff and defendant in fi. fa., and the payment of the costs. Jurisdiction to set aside judgment on secured debt. Sec. 2. That whenever a judgment shall be so vacated and set aside, the clerk of the court in which it was rendered shall mark the fi. fa. issued thereon cancelled and the clerk of the Superior Court shall enter the same upon the general execution docket, and make thereon an appropriate reference to the order vacating the judgment. Whenever a judgment shall as herein provided be vacated and set aside, any deed reconveying the property to the defendant in fi. fa. for the purpose of levy and sale shall be, by virtue of the provisions hereof, automatically cancelled and rendered null and void, and the clerk of the Superior Court shall enter on the record of such deed or reconveyance, when recorded, the word cancelled, and make appropriate reference to the order vacating the judgment. Cancellation of fi. fa. Deed for purpose of levy, etc., invalidated. Sec. 3. That when a judgment shall be vacated and set aside as herein provided, the obligation upon which the same was rendered, as well as the deed, bond for title, or bill of sale securing the same, shall be fully restored in all respects to the original status of the same which existed prior to the commencement of the suit in which such judgment was rendered, and thereafter the same shall be for all purposes whatsoever legally of force and effect as if suit had not been instituted and judgment obtained on the said obligation. Original status restored. Sec. 4. That the jurisdiction, power, and authority to vacate and set aside a judgment, as hereinbefore provided,

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shall extend to a judgment on purchase-money note, conditional-sale contract where title is reserved as security, or bond for title is given, and all other cases where it is necessary under section 6037 of the Civil Code of 1910 to reconvey property to the defendant in fi. fa. for the purpose of levy and sale. The provisions of this Act shall also extend and be applicable in all respects to a judgment and decree foreclosing a mortgage. Act applied to mortgage foreclosure. etc. Sec. 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1927. JURY COMMISSIONERS' AND CLERKS' COMPENSATION IN CERTAIN COUNTIES. No. 338. An Act to provide for the compensation of jury commissioners and their clerks in counties of the State of Georgia having a population of two hundred thousand 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 jury commissioners and their clerks in all counties in this State having a population, according to the United States Census of 1920 or any future census, of two hundred thousand or more shall be paid ten dollars ($10.00) each for every day's service in revising the jury list, said compensation to be paid from the county treasurer; provided, however, that any commissioner or clerk who is already on the county payroll shall receive no additional compensation for services under this Act. Pay of jury commissioners and clerks in certain counties. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 20, 1927.

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LIFE-INSURANCE APPLICATIONS. No. 352. An Act to amend section 21 of an Act entitled An Act to provide for the establishment of a Department of Insurance, to provide for the general supervision by the Insurance Commissioner of all insurance companies, and for other purposes, approved August 19th, 1912, 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 section twenty-one (21) of that certain Act establishing a Department of Insurance, and providing for the general supervision by the Insurance Commissioner of all insurance companies, and for other purposes, approved August 19th, 1912, be amended by striking section 21 from said Act and substituting in lieu of section 21 the following: See Ga. L. 1912, p. 130. Sec. 21. Be it further enacted, that all persons applying for life-insurance in a life-insurance company writing life insurance in this State shall submit to such reasonable rules and regulations as may be prescribed by such insurance companies; and after a policy is issued on the life of such person, the beneficiary of such policy shall be entitled to collect the amount of such policy under the terms of the contract when it matures, unless the applicant or beneficiary has been guilty of actual fraud or has made material misrepresentations in procuring such policy, which representations change the character and nature of the risk as contemplated in the policy so issued by the company. All statements, covenants, and representations contained in applications for insurance shall never be held or construed to be warranties, but shall be held to be representations only. Representations not invalidating policy. Statements not warranties. Sec. 2. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 22, 1927.

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MARRIAGE LICENSES; AMENDING ACT. No. 156. An Act to amend section 2 of Georgia Laws 1924, page 55, paragraph 2 of said section, and in line 7 of said second paragraph of section 2, immediately following the word provided, the following amendment: Provided, the foregoing provisions shall not apply to persons who have arrived at the age of twenty-one years; and upon application for license being made as provided for herein, and the applicant therein claims the parties to be twenty-one years of age, or over, it shall be the duty of the ordinary to whom application for license is made to satisfy himself that applicant's contention as to age is true. If said ordinary does not know of his own knowledge that both parties for whom a marriage license is sought are twenty-one years of age, or over, shall require applicants to furnish birth certificates, or in lieu thereof, affidavits from at least two persons showing the ages of both parties to be twenty-one years of age, or over, and upon the failure of applicant to convince the ordinary in the foregoing way, shall be required to post notice of said application for the period of five days, as is provided in Georgia Laws 1924, page 53; and to provide the manner of making application for marriage license; 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 2 of Georgia Laws of 1924, page 55, paragraph 2 of said section shall read as follows: Immediately upon receiving application for a license the ordinary or his deputy shall post in the ordinary's office a notice giving the names and residences of the parties applying therefor, and the date of the application. No license shall be issued earlier than five days following the date of application for such license, within which period of five days objections to the proposed marriage may be entered; provided the foregoing

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provisions shall not apply to persons who have arrived at the age of twenty-one years; and upon application for license being made, and the applicant therein claims the party to be twenty-one years of age, or over, it shall be the duty of the ordinary to whom application for license is made to satisfy himself that the applicant's contention as to age is true. If said ordinary does not know of his own knowledge that both parties for whom a marriage license is sought are twenty-one years of age, or over, shall require applicants to furnish birth certificates, or, in lieu thereof, affidavits from at least two persons showing the ages of both parties to be twenty-one years of age, or over; and upon the failure of applicant to convince the ordinary in the foregoing way, shall be required to post notice of said application for the period of five days, as is provided in Georgia Laws 1924 page 53; provided that in case of emergency or extraordinary circumstance the judge of the court having probate jurisdiction may authorize the license to be issued at any time before the expiration of said five days. It shall be the duty of the ordinary and his deputy to inquire as to ages of all person for whom marriage license are asked; and if there be any grounds of suspicion that the female is a minor under the age of eighteen years, such ordinary and his deputy shall refuse to grant the license until the written consent of the parents or guardian, if any, controlling such minor, shall be produced and filed in his office; and any ordinary who, himself or deputy, shall fail to post in his office facts pertaining to the application, or who shall issue a license in violation of the time provision, shall knowingly grant such license without such consent, or without proper precaution in inquiring into the fact of minority, or for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500.00 for every such Act, to be recovered at the suit of the clerk of the Superior Court, and added to the educational fund of the county. The posting of said notice may be dispensed with in the case the parents or guardian of the female appears in person before the ordinary and consents in writing to the issuance of said license. Posting notice of application for marriage license. etc., required only as to minors. Investigation and proof as to age. Provision for emergency. etc.

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Sec. 1-A. Marriage license shall be issued under the rules prescribed by this Act on written application made by the person seeking license therefor, verified by oath of applicant, which application shall state that there is no legal impediment to marriage, and shall give the full name of the proposed husband, with date of birth, present address, and name of father and mother, if known, and if unknown shall so state, with present name of proposed wife with date of her birth and present address, with name of father and mother, if known, and if unknown shall so state, and shall be supported by affidavits of two reputable citizens of the United States of America as to truth of recitals in said application, which application shall be filed in the office of ordinary before marriage license shall be issued upon such application, and such application shall remain in the permanent files in the office of the ordinary, and may be used as evidence in any court of law under the rules of evidence made and provided in similar cases. Application for license; information as to impediments, etc. Affidavits in support of application. Sec. 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 9, 1927. MOTOR VEHICLES; AMENDING ACT. No. 358. An Act to amend an Act known as the Georgia Motor-Vehicle Law, approved November 30, 1915, and as amended by an Act approved August 20, 1918, and as amended by an Act approved August 16, 1919, and as amended by an Act approved August 15, 1921; to provide for a Commissioner of Vehicles; to define terms used; to provide for registration of motor-vehicles, tractors, trailers, dealers, and manufacturers of motor-vehicles, and chauffeurs, and to provide fees for said registration; to describe number plates and provide for fastening them on certain vehicles; to provide for the regulation of lights and brakes to be used; to regulate the use of highways

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by vehicles registered in another State; to provide traffic regulations; to regulate the size, weight, and type of wheels of certain vehicles; to provide for regulation of motor-vehicles by municipalities; to provide for the espense of registration and the disbursement of fees received; to prescribe duty and salary of registration clerk and salary of Commissioner of Vehicles; to prohibit throwing certain things on the highways; to provide for the enforcement and penalties for violation of this Act; and to repeal all laws and parts of laws in conflict with this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act the Secretary of State shall be ex-officio Commissioner of Vehicles of this State, and shall be charged with the execution of the Act hereafter enacted. Secretary of State, ex-officio Commissioner of Vehicles. Sec. 2. For the purpose of this Act the following definitions shall apply: Definitions: VehicleAny contrivance used for transportation of persons or property on public highways. Vehicle. Motor-vehicleAny vehicle, except tractors, propelled by power other than muscular power, not operated exclusively upon tracks. Motor-vehicle. MotorcycleAny motor-vehicle having but two main wheels in contact with the ground, upon which the operator sits astride. A motorcycle may carry a one wheel attachment generally known as a side-car. Motorcycle. TractorAny self-propelled vehicle designed for use as a traveling power-plant or for drawing other vehicles, but having no provision for carrying loads independently. Tractor. TrailerAny vehicle without motive power, designed for carrying persons or property either partially or wholly on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks. Trailer.

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Pneumatic tiresTires of rubber and fabric inflated with air. Pneumatic tire. Solid TiresTires of rubber or similarly elastic material that do not depend on confined air for the support of the load. Solid tire. Metallic tiresTires of any metal or other hard material. Metallic tire. Manufacturer, DealerAny person, firm, or corporation engaged in the manufacture, sale, purchase or leasing of motor vehicles or tractors. Manufacturer, dealer. OwnerAny person, firm, corporation or association holding title to a vehicle or having exclusive right to the use thereof for a period of more than thirty days. Owner. OperatorAny person who drives or operates a motor-vehicle or tractor. Operator. ChauffeurAn operator for hire. Chauffeur. Local authoritiesAll officers and public officials of the State, municipalities, and counties of the State. Local authorities. Trucksor non-passenger carrying motor-vehicles A motor-vehicle for the transportation of property. Trucks. For the purpose of this Act A vehicle is considered equipped with pneumatic tires when pneumatic tires are used on all wheels. Equipment. A vehicle is considered equipped with solid tires when solid tires are used on two or more wheels. A vehicle is considered equipped with metallic tires when metallic tires are used on two or more wheels. The National Automobile Chamber of Commerce horse-power rating formula is hereby adopted as the standard for determining the horse-power of passenger-carrying vehicles. Horse-power, how determined. Sec. 3. Registration . That every owner of a motor-vehicle, trailer, tractor (except tractors used only for agricultural

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purposes) or motorcycle shall, on or before the first day of February in each year, before he shall operate such motor-vehicle, tractor, trailer or motorcycle, register such vehicle in the office of the Commissioner of Vehicles, and obtain a license to operate the same for the ensuing year; and every chauffeur employed to operate motor-vehicles shall likewise register and obtain a license as hereinafter provided. Registration. Time. Licenses required for owners and chauffeurs. That application for the registration of a motor-vehicle, trailer, tractor or motorcycle shall be made to the Commissioner of Vehicles, upon blanks prepared by him for such purposes, by the owner. Such application shall contain a statement of the name, place of residence, and address of the applicant, together with a brief description of the vehicle to be registered, its name, model, the name of the manufacturer, its motor number, its shipping weight, carrying capacity, and such other information as the Commissioner of Vehicles may require. Contents of owner's application for registration. Provided, that nothing in this Act shall be construed as repealing * * This word is written required in the Act as enrolled.Compiler. the Act approved August 22, 1925, requiring proof of ownership, certificate of registration and moneyorder receipt, fifteen-day permit, and penalty for violation of said Act, pages 315 to 317 inclusive of Georgia Laws of 1925. That application for a chauffeur's license shall be made to the Commissioner of Vehicles upon blanks prepared for such purpose by him, and shall be signed and verified by oath or affirmation. Such application shall be made annually on or before the first day of February, and shall contain a statement of the name and address of the chauffeur, and such other information as the Commissioner of Vehicles may require, and shall be signed and endorsed by at least three responsible owners of motor-vehicles and employers of chauffeurs; provided that no such license shall be issue to any person under sixteen years of age. A fee of $2.00 shall accompany the application. Upon receipt of such

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application and the payment of the required fee, the Commissioner of Vehicles shall file the application, register the same, assign to the applicant a distinctive number, and make the same a matter of record in his office. He shall likewise furnish such chauffeur a badge, which badge shall be evidence of his right to act as chauffeur until the first day of February of the next year following. Such badge shall be of aluminum or some other suitable metal, oval in form, the greater diameter not to exceed two inches and there shall be stamped thereon the words Registered Chauffeur No. (Here insert the registration number designated) State of Georgia. The badges shall be of uniform size, numbered consecutively, beginning with the figure 1, and shall be issued in consecutive order and of different design each year. The chauffeur shall at all times, while operating a motor-vehicle upon public streets and highways, wear his badge pinned to his clothing in a conspicuous place. No registered chauffeur shall voluntarily or otherwise permit any other person to wear his badge, nor shall any person wear a chauffeur's badge belonging to any other person, or a fictitious badge, while operating a motor-vehicle upon the public streets and highways. Contents of chauffeur's application; oath; endorsements. Age of licensee. Fee. Badge of chauffeur. Sec. 4. Registration, Licensing, and Permit Fees . The annual fees for licensing of the operation of vehicles shall be as follows for each vehicle registered: Fees for licenses. A. Motorcycle $ 5.00 B. Motorcycle side-car 3.00 C. Passenger-carrying motor-vehicles fifty (50) cents per one hundred (100) pounds (or major fraction thereof) gross weight of vehicle; minimum fee 11.25 For each non-passenger carrying motor-vehicle or truck of one ton capacity or less 15.00 For each non-passenger carrying motor-vehicle or truck of more than one and not exceeding one and one half tons capacity 22.50

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For each non-passenger carrying motor-vehicle or truck of one and one half tons and not exceeding two tons capacity 30.00 License fees. For each non-passenger carrying motor-vehicle or truck of more than two tons and not exceeding two and one half tons capacity 37.50 For each non-passenger carrying motor-vehicle or truck of more than two and one half tons capacity and not exceeding three tons capacity 45.00 For each non-passenger carrying motor-vehicle or truck of more than three tons capacity and not exceeding three and one half tons capacity 52.50 For each non-passenger carrying motor-vehicle or truck of more than three and one half tons capacity and not exceeding four tons capacity 75.00 For each non-passenger carrying motor-vehicle or truck of more than four tons capacity and not exceeding five tons capacity 150.00 For each non-passenger carrying motor-vehicle or truck of more than five tons capacity and not exceeding six tons capacity 375.00 For each non-passenger carrying motor-vehicle or truck of more than six tons capacity and not exceeding seven tons capacity 750.00 For each non-passenger carrying motor-vehicle or truck of more than seven tons capacity 1,125.00 H. Trailers (or semi-trailers), when equipped with pneumatic tires, one dollar ($1.00) per one hundred (100) pounds (or major fraction thereof) gross weight of vehicle. K. Trailers (or semi-trailers), when equipped with solid tires, one dollar and fifty cents ($1.50) per one hundred (100) pounds (or major fraction thereof) gross weight of vehicle.

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L. Trailers (or semi-trailers), when equipped with metallic tires, two dollars ($2.00) per one hundred (100) pounds (or major fraction thereof) gross weight of vehicle. T. Tractors when equipped with pneumatic tires. 15.00 V. Tractors equipped with solid or metallic tires or treads 30.00 Provided, that tractors used exclusively for agricultural purposes shall not be required to register or to pay any fees. Provided, that hearses and ambulances shall pay the rates prescribed for passenger-carrying motor-vehicles in paragraph C. Sec. 5. Where application is made for the registration of any vehicle or tractor between the dates of August 1st and January 1st of any year, the fee charged for such registration shall be one half the amount set forth in section 4 of this Act. Half-rate fees between Aug. 1 and Jan. 1. Sec. 6. When application is made for the registration of any vehicle or tractor and a United States post-office money-order is purchased for the correct fee and forwarded with said application, the receipt for said money-order, when dated by the proper authority, shall serve as a fifteen-day permit to operate the vehicle or tractor on the highways of the State. Receipt for post-office order, as permit. Sec. 7. Manufacturers and dealers engaged in the manufacture, sale, or leasing of motor-vehicles or tractors shall register with the Commissioner of Vehicles, making application for a distinguishing dealer's number, specifying the name and make of motor-vehicle manufactured, sold, or leased by them, upon blanks prepared by the Commissioner of Vehicles for such purposes, and pay therefor a fee of twenty-five ($25.00) dollars, which fee shall accompany such application, and for which said fee the Commissioner of Vehicles shall furnish to said dealers two number-plates to be known as a dealer's number and to be distinguished from the number-plates herein provided for by a different

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and distinguishing color to be determined by the Commissioner of Vehicles, with the word Dealer on same; dealer's number to be for the purpose of demonstrating or transporting dealer's vehicles for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, or other manner not provided for in this section. In case dealers or manufacturers desire more than two tags, they shall so state on the application, and, in addition to the fee of twenty-five ($25.00) dollars hereinabove provided, shall pay ten ($10.00) for each and every additional number-plate furnished. Registration of makers and dealers. Application. Fee. Number plates. Fee for additional tag. Sec. 8. Number-PlatesDescription, and How Attached. Upon receipt of the application and the payment of the required fee, the Commissioner of Vehicles shall file the application, register the vehicle, assign to it a distinctive serial number, and make the same a matter of record. He shall furnish also without cost two metal number-plates showing thereon the serial number designated to such vehicle. Number-plates shall be of metal at least seven (7) inches wide and not less than sixteen (16) inches in length, and shall show in bold characters the year of registration, serial number, and abbreviation of the name of the State, and such other distinctive markings as in his judgment the Commissioner of Vehicles may deem advisable, so as to indicate the class of weight of the vehicle for which the number-plates were issued. Duplicate number-plates, when one of the originals have been lost, defaced, or destroyed, may be obtained from the Commissioner of Vehicles upon filing affidavit setting forth the facts of such loss or destruction, and the payment of a fee of one dollar. A number, when issued, shall not be transferred from one vehicle to another, and shall not be used by any person or upon any motor-vehicle * * Words, other than the motor-vehicle, omitted in Act as engrossed and enrolled. Compiler. to which it is assigned, and any use of said number by any person or persons in any manner not provided for in this Act shall be a violation of said Act; provided, however, that where a motor-vehicle has been

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duly registered in the office of the Commissioner of Vehicles, and the number assigned to said vehicle for the year, the owner of said motor-vehicle to which said number has been assigned may, upon sale or exchange of said motor-vehicle, transfer and assign the number assigned to said motor-vehicle to the purchaser of said machine, by registering such transfer in the office of the Commissioner of Vehicles and the payment of fifty cents, which shall accompany said transfer or registration, and upon said transfer the assignee of said number shall stand in the position of the original personal in whose name such number is recorded. Number plates. Duplicate number plates. Fee. Transfer of number plate. Register of transfer. Fee. Every motor-vehicle, tractor, trailer, or motorcycle, which is in use upon the highways of the State, shall at all times display the number-plates assigned to it, and the same shall be fastened to both the front and rear of the machine in a position so as not to swing, and shall be at all times plaintly visible. It shall be the duty of the operator of any motor-vehicle to keep both number plates legible at all times. Display of number plates. Sec. 9. Lights and Brakes . Every motor-vehicle, tractor, and motorcycle, while in use or operation upon the streets or highways of this State, shall at all times be provided and equipped with efficient and serviceable brakes and signalling device, consisting of a horn, bell, or other suitable device for producing an abrupt warning signal. Every motor-vehicle using the highways of this State at night shall be equipped with a lamp or lamps clearly visible for a distance of not less than one hundred feet from front and rear. Horn, brakes, etc. Lamps. Front LampEvery motor-vehicle and tractor shall be provided with at least two lamps of approximately equal candle-power, mounted on the right and left sides thereof, and every motorcycle shall have mounted on the front thereof at least one lamp. The front lamps shall throw light to a reasonable distance in the direction in which such vehicle is proceeding. Front lamps shall be provided

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with a suitable device for dimming or changing focus, so as to prevent dangerously glaring or dazzling rays from the lamps in the eyes of approaching drivers. Front lamps. Light. Rear LampsEvery motor-vehicle, tractor, and trailer shall have on the rear thereof, and to the left of the axis thereof, one lamp capable of displaying a red light visible for a distance of at least one hundred feet behind such vehicle; provided that when a vehicle is used in conjunction with another vehicle or vehicles, only the last of such vehicles shall be required to carry such lamp. Every motor-vehicle, tractor, trailer, or motorcycle, when on highways of this State at night, shall carry a lamp illuminating with white lights the rear registration plate of such vehicle, so that the characters thereon shall be visible for a distance of at least fifty feet. Rear lamps. Provided, that the provisions of this section as to lights, horns, bells, and or other signalling devices shall not apply to tractors used exclusively for agricultural purposes when and while being operated upon public roads between day-light and dark only; and such lights, horns or other, signalling devices shall not be required for such agricultural tractors not using the public roads. Exception as to farm tractors. Provided, that the provisions of this Act requiring front and rear lights on vehicles shall not apply to horse or mule drawn vehicles or other vehicles drawn by muscular power. Exception as to horse-drawn vehicles, etc. Sec. 10. Non-Residents License . Motor-vehicles owned by non-residents of the State may be used and operated on the public streets and highways for a period of thirty days without having to register and obtain a license to do so or a chauffeur's license; provided, that the owner or owners thereof shall have fully complied with the laws requiring the registration of motor-vehicles in the State or Territory of their residence, and that the registration number and initial letter of such State or Territory shall be displayed and plainly visible on such vehicle or vehicles. In other respects, however, motor-vehicles owned by non-residents of the State and in use temporarily within the

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State shall be subject to the provisions of this Act; provided, no resident of this State shall be allowed to operate a motor-vehicle within this State under a license issued by another State. Nonresident owners. Resident not to operate under license of other State. Sec. 11. Restrictions as to Speed . No persons shall operate a motor-vehicle upon any public street or highway at a speed greater than is reasonable and safe, having due regard for the width, grade, character, traffic, and common use of street or highway, or so as to endanger life or limb or property in any respect whatsoever; but said speed shall not exceed those tabulated below: Speed restrictions. Total gross combined weight of motor vehicle and load in pounds. Speed in miles per hour Kind of Tires Metallic Solid Pneumatic Less than 10,000 10 25 40 10,000 to 16,000 8 20 25 Over 16,000 5 18 20 Sec. 12. Restrictions as to Traffic . Every person operating a vehicle upon the highways of this State shall observe the following traffic rules and regulations: Traffic regulations. a. All vehicles not in motion shall be placed with their right sides as near the right side of the highway as practicable, except on city streets where traffic is obliged to move in one direction only. Car not in motion. b. Slow-moving vehicles shall at all times be operated as close to the right-hand side of the highway as practicable. Slow-moving vehicles. c. An operator meeting another vehicle coming from the opposite direction on the same highway shall turn to the right of the center on the highway, so as to pass without interference. Meeting.

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d. An operator of a vehicle overtaking another vehicle going in the same direction, and desiring to pass the same, shall pass to the left of the vehicle overtaken, provided that the way ahead is clear of approaching traffic, but if the way is not clear he shall not pass unless the width of the roadway is sufficient to allow his vehicle to pass to the right of the center thereof in the direction in which his vehicle is moving; provided further, that no operator shall pass a vehicle from the rear at the top of a hill or on a curve where the view ahead is in any way obscured or while the vehicle is crossing an intersecting highway. An operator overtaking and desiring to pass a vehicle shall blow his horn, and the operator of the vehicle so overtaken shall promptly, upon such signal, turn his vehicle as far as reasonably possible to the right in order to allow free passage on the left of his vehicle. Traffic regulations. Passing car going in same direction. e. An operator in rounding curves shall reduce speed and shall keep his vehicle as far to the right on the highway as reasonably possible. Rounding curve. f. An operator intending to start, to stop, or to turn his vehicle to the left or right shall extend the hand and arm horizontally from and beyond the left side of the vehicle. Starting, stopping, turning. g. An operator of a vehicle shall have the right of way over the operator of another vehicle who is approaching from the left in an intersecting highway, but shall give the right of way to an operator of a vehicle approaching from the right on an intersecting highway. Right of way at intersections. h. An operator of a vehicle shall bring the same to a full stop not less than five feet from the rear of any street-car or passenger-carrying bus headed in the same direction, which has stopped for the purpose of taking on or discharging passengers, and shall remain standing until such car has taken on or discharged said passengers; provided, however, that said operator may pass such street car where a safety zone is established by proper authorities, or where said operator may pass such car at a distance of at least eight

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feet therefrom, and provided further that he shall have slowed down and proceeded cautiously. Passing street-car or bus. i. An operator shall reduce speed at crossing or intersection of highways, on bridges, or sharp curves and steep descents, and when passing any animal being led on the highway. Speed at crossings, etc. j. An operator shall not use the cut-out of a motor-vehicle while on the highways of this State. Out-outs. k. An operator of a motor-vehicle or tractor shall sound his horn or other signalling device when approaching points on the highways where the view ahead is not clear or where the view of the side of an intersecting highway is obstructed; provided that in no such case shall such horn or signalling device be used for the purpose of making unnecessary noise. Signals. l. All vehicles carrying poles or other objects which project more than five feet from the rear shall, during the period of from one half hour after sunset to one half hour before sunrise, carry a red light at or near the rear end of the pole or other object so projecting. During the period of from one half hour before sunrise to one half hour after sunset vehicles shall carry a danger-signal at or near the rear end of pole or other object so projecting. Red lights when carrying poles, etc. Sec. 13. Restriction as to Operators . No person shall operate a motor-vehicle or motorcycle upon any public street or highway, whether as owner or operator of such vehicle, if under sixteen years of age, or while under the influence of intoxicating liquors or drugs; and no person shall take, use, or operate any motor-vehicle or motorcycle upon the public streets and highways without the permission of the owner thereof. Persons prohibited from operating. Sec. 14. In case of accident . In case of accident to any person or damage to any property upon the public street or highway, due to the operation of a motor-vehicle, tractor, or trailer thereon, the operator of such machine shall immediately stop, and, upon request of the person injured or sustaining damage thereby, or of any other person present,

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give such person his name and address, and if he is not the owner of such vehicle, then in addition the name and address of the owner thereof, and further he shall render such assistance as may be reasonable or necessary. Requirements in case of accident. Sec. 15. Restriction as to size . No vehicle shall be operated on the highways of this State whose width, including load, is greater than ninety-six (96) inches (except traction engines, whose width shall not exceed one hundred and eight (108) inches, a greater height than twelve (12) feet, six (6) inches, or a greater length than thirty (30) feet; and no combination of vehicles coupled together shall be so operated whose total length, including load, shall be greater than eighty five (85) feet; provided, that in special cases vehicles whose dimensions exceed the foregoing may be operated under permits granted as hereinafter provided. Size of vehicle. limit of. Sec. 16. Restriction as to weight . No vehicle of four wheels or less, whose gross weight, including load, is more than 22,000 pounds, no vehicle having a greater weight than 17,600 pounds on one axle, and no vehicle having a load of over eight hundred (800) pounds per inch width of tire upon any wheel concentrated upon the surface of the highways (said width in the case of rubber tires to be measured between the flanges of the rim) shall be operated on the highways of this State; provided, that in special cases vehicles whose weight, including loads, exceed those herein prescribed may be operated under special permits granted as hereinafter provided. Provided further, that the State Highway Commission may designate certain roads or sections of roads on the State-Aid Highway System on which the traffic requirements do not justify heavy type of pavement at the present time, and the said State Highway Commission may prescribe the maximum gross weight of vehicle, including load, which may be operated over the sections thus designated. Weight of vehicle, limit of. Sec. 17. Restriction on wheels . No load or vehicle any portion of which drags or slides on the surface of the

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roadways shall be used or transported on the highways of this State; no vehicle shall be used or transported on the highways of this State the wheels of which while being used or transported, either from construction or otherwise, cause pounding on the road surface. No vehicle equipped with solid rubber tires shall be used or transported on the highways of this State, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery. No vehicle shall be used or transported on the highways of this State the wheels of which have on the surface any wooden or metal cleets, spikes, corrugations, or other irregularities which tend to damage the surface of the road; provided that this section shall not be taken to prohibit the use of tire chains. Wheels. Sec. 18. The special permit required by sections Nos. 16, 17, and 18 of this article, for the operation of a vehicle whose size or weight with load exceeds the limits prescribed by this Act, shall be in writing and be issued at the discretion of the State Highway Engineer of this State, or of those officials of the State's political subdivisions who have charge of the highways and bridges over which such vehicle is to operate. Such permit may be issued for a single trip or for a definite period not beyond the expiration of the vehicle registration, and may designate the highways and bridges to be used. Permits for extra size or weight. Sec. 19. Municipal regulations of Autos . That nothing contained in this Act shall be construed as changing or in terfering with any regulation or ordinance which has heretofore or may hereafter be adopted by any municipality of this State, regulating the running or operation of motor-vehicles described in this Act; and provided further, that nothing in this Act shall prevent cities and towns from regulating, by reasonable ordinance, the rate of speed except as provided hereinafter, noisy cut-outs, and glaring headlights within said cities and towns; provided, further that nothing herein shall prevent incorporated cities and towns from requiring by ordinance the owners of motor-vehicles

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residing within the incorporated limits of said cities or towns to register the number of State license with the clerk of council or other officer to be designated by such city or town, together with a brief description of such motor-vehicle, and said incorporated cities or towns shall have the power to provide a penalty for the violation of such ordinance; provided, no additional license fee shall be charged by any municipality. Act not to conflict with municipal regulations. No license fee by cities, etc. Sec. 20. Expense of operation . That the necessary expenses to carry out the provisions of this law shall be defrayed out of the sums collected thereunder, and the amount thereof shall be fixed annually in advance upon an itemized budget-sheet submitted by the Commissioner of Vehicles, thirty days prior to the meeting of the General Assembly, accompanied by an itemized report of the expenditures made for the preceding year, when approved by the Governor of this State. Said expense fund, or so much thereof as shall be needed, shall be drawn upon the warrants of the Governor, supported by bills of particulars and vouchers submitted by the Commissioner of Vehicles; provided said expense fund as shown by said approved budget-sheets shall be set aside out of the first collection made hereunder in any fiscal year, and provided the sums used to defray said expenses shall not exceed 5 per cent. of the total revenue derived under this Act. Annual budget-sheet and report as to expense of carrying out law. Warrants for payments. Limit of expense. Sec. 21. Disbursement of fees. That the full amount of the fees collected under this Act shall be turned over to the State Treasury by the Commissioner of Vehicles within thirty days after collection, in such manner as the State Treasurer may prescribe, and that it shall be the duty of the State Treasurer to set aside from said fees the sum authorized by the budget-sheet as prescribed under section 21 thereof. Fees to be turned over to Treasury. Sec. 22. Salary Commissioner of Motor-Vehicles . The Secretary of State is hereby authorized to employ a clerk whose duty it shall be to keep a full record of all motor-vehicle owners in a book to be kept for that purpose. He

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shall file registrations alphabetically by counties, and shall furnish each year to the county commissioner or ordinaries, and also the tax-receivers of the several counties, a list of all owners of motor-vehicles of their respective counties who have registered in this office. He shall perform any and every duty pertinent to his office under the direction of the Secretary of State. The salary of said clerk shall be two hundred dollars per month, payable out of the fees received for the registration of motor-vehicles; and the salary of the Commissioner of Motor Vehicles shall be one hundred and fifty dollars per month, payable out of the fees received for the registration of motor-vehicles. Clerk of commissioner; duties, salary. Salary of Commissioner. Sec. 23. Throwing things on highways . That every owner or operator of a machine shall have equal rights upon the highways of this State with all other users of such highways; and no person or persons shall throw glass, nails, tacks, or other obstructions upon the public highways used and traversed by automobiles, or unreasonably obstruct or impede the right of travel of such owner or operator while operating, propelling, or driving such machine; and no person or persons shall give any signal or signs of distress or danger, or call for assistance upon a person lawfully operating any such machine on any of the public highways of this State, maliciously and without reasonable cause for so doing. Equal rights on highway obstructions, stoppage, etc. Sec. 24. Sheriff's duties definedInspector . That the commissioner of vehicles shall at least twice in each year call the attention of the sheriff's constables, and marshals in this State, to the provisions of this Act, and furnish once each quarter to the sheriffs and clerks of the county commissioners of each county, for file in his office, a list of such vehicles as are registered from the county in which said sheriff and clerk hold office; and it shall be the duty of all local authorities in every county to make investigation as to the violation of the provisions of this Act, and said local authorities shall have authority, and it is hereby made their duty, to swear out warrant and prosecute any and all owers of motor-vehicles who violate any of then

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provisions of this Act. The cost of the sheriffs, constables, and marshals shall be paid in the same manner as other criminal costs are paid under the law. Lists of registered vehicles to be furnished local authorities. Duty to prosecute. Costs. Sec. 25. It shall be the duty of the Commissioner of Vehicles to deputize such employees of the State Highway Department as may be requested by the State Highway Board, for the purpose of enforcing the provisions of this Act. The State Highway Board is hereby authorized to select from its employees men to be deputized by the Commissioner of Vehicles, and such deputies are hereby given the necessary police powers for the purpose of enforcing this Act. There shall be a motor-vehicle license inspector to be appointed by the Secretary of State, who shall have authority to swear out warrants for violations of the motor-vehicle law, and to perform any other duty required by the Secretary of State. Deputies from Highway Department, to enforce law. Appointment of Inspector. Sec. 26. Penalty for violation of this Act . Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. It is the duty of every arresting officer both county, municipal and State, to enforce the provisions of this Act. Penalty. Sec. 27. Civil action not abridged . Nothing in this Act shall be construed to curtail or abridge the right of any person to prosecute a civil action for damages sustained by reason of injury to a person or property, resulting from the negligent use of the public streets or highways by a motor-vehicle or motorcycle, or by its owner, his employee, or by any other operator thereof. Right to damages not abridged by this Act. Sec. 28. Constitutionality of Act . That should any of the provisions of this Act be held illegal or unconstitutional, the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain of full force and effect. Act not invalidated by void part. Sec. 29. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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Sec. 30. Be it further enacted by the authority aforesaid, that this Act shall not take effect until February 1st, 1928; provided, however, that section 8 of this Act shall take effect on such date subsequent to February 1st, 1928, as the Commissioner of Vehicles in his direction finds practicable. When effective. Approved August 23, 1927. MUNICIPAL CHARTERS, REFERENDUM TO REPEAL. No. 48. An Act to amend an Act approved August 22nd, 1925, entitled 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 the existing charters, so as to strike from said caption and from section one of said Act, and from wherever the same may appear in said Act, the following words, to wit: less than two hundred thousand inhabitants, and so as to insert in lieu thereof wherever the same appears the following words, to wit: less than fifty thousand inhabitants, and for other purposes; and to repeal conflicting laws. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the caption of an Act approved August 22, 1922, whose caption is set forth in the caption hereof, and section one of said Act approved August 22nd, 1925, be so amended as to strike from said caption and from said section one of said Act, and from wherever the same may appear in said Act approved as aforesaid, the following words, to wit: less than two hundred thousand inhabitants,

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and so as to insert in lieu thereof, wherever the same appears, the following, to wit: less than fifty thousand inhabitants, so that said caption and said section one when amended will read as follows, to wit: Acts amended. An Act to require a referendum to repeal municipal charters of cities of less than fifty thousand inhabitants, and to put into effect amendments to municipal charters of cities of less than fifty 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. Referendum to repeal or annul city charter, required in cities of less than 50,000 inhabitants. Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act no local law seeking a repeal of a municipal charter of cities of less than fifty thousand inhabitants, or an amendment to any municipal charter of cities of less than fifty 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 affected as hereinafter provided. To read. Sec. 3. Be it further enacted by virtue of the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved July 19, 1927. NOMINATIONS IN PRIMARY ELECTIONS. No. 152. An Act to amend an Act entitled An Act to provide for the nomination in primaries of members of the General Assembly in counties of population of 200,000 or

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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, approved August 26, 1925, by adding after the word counties, in line four of section 1 of said Act, the words having within its borders a city or part of a city, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act of the General Assembly of Georgia, approved August 26, 1925, pages 205 and 206, inclusive, providing for primary nomination in certain counties of members of the General Assembly and Superior Court Judges, be and the same is hereby amended by adding after the word counties in line four of section 1 the words, having within its borders a city or a part of a city, so that said section when so amended shall read as follows: Sec. 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, that from and after the passage of this Act candidates for the General Assembly in all counties having within its borders a city or a part of a city 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 a 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 such office shall be declared the nominee therefor. Primary elections in county having city of 200,000 population. 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 8, 1927.

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NURSES; PROFESSION REGULATED. No. 387. An Act to regulate and define the practice of professional nursing in the State of Georgia, and to that end to create a Board of Examiners of Nurses for Georgia, and to require registration by those desiring to practice in the State as registered nurses, as licensed undergraduate nurses; to provide penalties for the breach of the requirements of this Act, and remedies in connection therewith; and to repeal the Act of the General Assembly of Georgia, approved August 22, 1907, entitled An Act to regulate the practice of professional nursing in the State of Georgia, and to that end to create a Board of Examiners of Nurses for Georgia, and to require registration by those desiring to practice in the State as registered nurses, and to provide penalties for the breach of the requirements of this Act, and for other purposes; and to repeal the Act of the General Assembly of Georgia amendatory thereof, approved on August 15, 1921, entitled `An Act to regulate the practice of professional nursing in the State of Georgia, and to that end to create a Board of Examiners of Nurses for Georgia and to require registration by those desiring to practice in the State as registered nurses, and to provide penalties for the breach of the requirements of this Act, and for other purposes,' so as to increase the registration fee, to provide reciprocity in registration, and for issuing of certificates 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 same that the Board of Examiners of Nurses for Georgia is hereby created. It shall be composed of five persons to be elected and appointed in the following manner: The Georgia State Nurses' Association will, within thirty (30) days after this Act takes effect, nominate to the Governor of this State ten (10) of its members, none of whom is in any way connected with any training-school for nurses.

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The said nurses must have had at least three (3) years of practice in their profession immediately preceding their appointment. From this number the Governor shall, within thirty (30) days thereafter, appoint for places on the said board one nurse who shall hold office for one (1) year from date of appointment; and two (2) shall hold office for two (2) years from said date, and two (2) shall hold office for three (3) years from said date. All of the said appointments shall have the same date; provided no two of the nurses so appointed shall have graduated from the same training-school. Upon the expiration of the term of office of any member of said board the Governor of this State shall appoint a successor to fill the said term of office, who shall hold office for three (3) years from the date of the expiration of, the said term of office. The said appointment shall be made from a list of five (5) members of the said association, to be furnished to him by the said association. All vacancies occuring on this board shall be filled by the Governor for the unexpired term from like nominations furnished to him by the said association within thirty (30) days after the vacancy occurs; provided, that if the said association fails to make the nominations herein required within the time here specified, the Governor shall make such appointments by nominating such members of the nursing profession hereto as may seem to him to be proper. Board of Examiners of nurses created. Members. Terms. Successors. Sec. 2. Be it further enacted by the authority aforesaid, that the members of this State Board of Examiners shall, within thirty (30) days after appointment, organize by the election of one of its members to be the president of the said board, and another to be the secretary and treasurer, who shall hold office for a period of one year and until their respective successors are elected and have qualified; said officers shall be elected by the board annually, and in case of a vacancy in either of said offices the board shall, within forty (40) days after the vacancy occurs, elect one of its number to fill the said office; and in the event there is no such election within the time named, the

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Governor shall appoint a member of said board to fill the vacancy. The secretary is required to certify to the Governor the names of the officers so elected; and in the case of a vacancy, this shall likewise be certified by the secretary to him; and in the event of a vacancy in the office of the secretary, the president of the board shall certify the same to him, and shall certify the name of the person chosen to fill the vacancy in the event the vacancy is filled by the board. Officers. Sec. 3. Be it further enacted by the authority aforesaid, that three (3) members of said Board of Examiners shall consitute a quorum, but no action of said board shall be valid unless authorized by the affirmative vote of three (3) members thereof. The secretary of the board is directed to keep a record of the minutes of the meetings of said board, and a record of the names of all persons applying for registration hereunder, and of the action of the board thereon, and a register of all nurses who have complied with the requirements of this Act, all of which said records shall, at all reasonable times, be open to public inspection. Said board is authorized to have and use an official seal which shall bear the words: State Board of Examiners of Nurses for Georgia. The certificate of the secretary of said board under the seal thereof as to the action or non-action of the board shall be accepted in evidence in the courts of this State as the best evidence of the minutes of the said board; and likewise the certificate of the secretary under the said seal, as to the registration or non-registration of any person, shall be accepted as the best evidence as to the registration or non-registration of the said person under the requirements of this Act. The secretary shall issue to all nurses admitted to registration hereunder a certificate under the seal of the said board, showing that fact. Quorum. Records. Seal. Certificates. Sec. 4. Be it further enacted by the authority aforesaid, that it shall be the duty of said board to meet for the purpose of examining applicants for registration, at least once in each year, and oftener should it be deemed necessary by said board. Notice of said meetings shall be given of

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the time and place of said meetings by written notice posted, postage prepaid, to the last known address of each applicant, at least ten (10) days before the time of said meeting, and by publication in a daily paper of general circulation in Atlanta, and in a nurses' journal, if there be one published in Georgia. The said notice shall be published at the same rates charged for sheriffs' advertisements. Said notice shall be inserted at least once, and the first insertion shall be made at least two weeks prior to said meeting, Provided, the secretary of said board shall issue a temporary permit to each application for registration, which permit will authorize said applicant to do nursing as a registered nurse until the next meeting of the board. Examinations. Notice. Advertising rates. Temporary permits for nursing. Sec. 5. Be it further enacted by the authority aforesaid that all graduate nurses making application for registration as graduate nurses under this Act shall deposit with the Secretary of the said board, at the time of making such application, the sum of ten ($10.00) dollars as an examination or registration fee. Provided, that no person shall engage in practice as a dental hygienist or dental nurse without first obtaining a certificate therefor to be issued by the Board of Dental Examiners of Georgia, which certificate shall be issued by said Board of Dental Examiners upon written examination conducted by and satisfactory to said board, which shall include the subjects of Dental Anatomy, Psysiology, Bacteriology, Dental Pathology, Sterilization, Office Routine, and Oral Hygiene and Prophylaxis. Provided further, that applicants for certificates as dental hygienists or dental nurses shall be of good moral character, shall be at least 19 years of age, shall have had such preliminary education and training as may be prescribed by said Board of Dental Examiners, and shall pay to said Board of Dental Examiners a fee of ten dollars for such examination. Provided further, that no person to whom such certificate is issued shall engage in practice as a dental hygienist or dental nurse except under the supervision of a licensed dentist, and no such person shall practice dentistry, or do any kind of dental

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work other than to remove calcareous deposits, secretions, and stains from the normally exposed surfaces of the teeth, and to apply ordinary wash or washes of a soothing character, and to do sterilization and office routine. Deposit fee by applicant. Dental nurses. Sec. 6. Be it further enacted by the authority aforesaid, that each applicant for registration as a graduate nurse must be at least twenty-one (21) years of age, of good moral character, a graduate of a regular chartered training-school for nurses, connected with a general hospital or sanatorium (in which medical, surgical, obstetrical, and pediatric cases, and where men, women, and children, are treated) where three (3) years of training with a systematic course of instruction on the above-mentioned classes of cases is given in the hospital or other educational institution, or must have graduated from a training-school connected with a hospital of good standing, supplying a three (3) years' training corresponding to the above standard, which training may be obtained in two or more hospitals. All qualifications of the applicant shall be determined by the State Board of Examiners of Nurses for Georgia, which is empowered to prescribe such examinations for the applicants as will best test their fitness and ability to give efficient care to the sick. All applicants at the same examination shall be subject to the same kind of examination; provided that the said board shall have the power to grant advanced credit, not in any case of excess of twelve (12) months, for didactic and laboratory work done in an accredited college, or for credits either time or scholastic, earned in an institution other than the one from which graduated. Qualifications. Credit for laboratory work, etc. Sec. 7. Be it further enacted by the authority aforesaid, that all nurses graduating on or before June 1, 1909, from such training-schools as are referred to in the preceding sections shall be, by that fact, entitled to registration without examination, upon paying the application fee of ten ($10.00) dollars, as provided in this Act, and submitting sufficient evidence of good moral character. Nurses who shall show to the satisfaction of the said board that they are

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graduates of training-schools connected with a hospital or sanitorium, giving two years' systematic course of instruction, or if they graduated before or during the year 1897 from such a school giving one year's training, and who are in good moral and professional standing, and are engaged in the practice of the profession of nursing at the passage of this Act, also nurses in training at the time of the passage of this Act and shall graduate hereafter and possess the qualifications herein specified, shall, upon the payment of the application fee, be entitled to registration without examination, provided application is made for registration on or before February 1, 1928. There may be an appeal from the judgment of the said board by the party who is refused a license by the board, or whose license is revoked, as the case may be, if dissatisfied with the judgment, to a jury of the Superior Court of the county of the residence of such dissatisfied party; said appeal to be had as in other cases now provided by law. Registration without examination. Appeal from refusal on revocation of license. Sec. 8. Be it further enacted by the authority aforesaid, that after the expiration of six months from the passage of this Act it shall be unlawful for any person or persons to practice professional nursing as a graduate nurse or registered nurse in this State without a certificate from said board; and any person violating any of the provisions of this Act shall be guilty of misdemeanor, and upon conviction thereof shall be punished in accordance with section 1065 of the Penal Code of the State of Georgia. Each graduate nurse who registeres in accordance with the provisions hereof shall be styled and known as a registered nurse, and no other nurse shall assume or use such title, or use the abbreviation R. N., or any other letters, words, or figures to indicate that he or she is a graduate or registered nurse; and a violation hereof shall be deemed a misdemeanor, and shall upon conviction be punished accordingly. Annually during the months of January or February every registered nurse of Georgia shall be required to have her certificate validated by the issuance of a card attesting to her right to practice as a registered nurse

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for the current year. This request for validation shall be accompanied by a fee of one ($1.00) dollar, and sent to the secretary of the State Board of Examiners of Nurses for Georgia. On March 1 of each year the roster of nurses who have validated their certificates shall be taken; and the same shall be printed within sixty days thereafter in such form and manner as may be determined by the board. Any certificates not validated may be revoked. Nursing without certificate from board; penalty. Unlawful assumption of title of registered nurse. Annual validation of certificate. Fee for validation. Roster. Sec. 9. Be it further enacted by the authority aforesaid, that the Board of Examiners of Nurses shall issue a license to engage in the care of the sick to undergraduate nurses. Each applicant must be at least nineteen (19) years of age, of good moral character, must present to the Board of Examiners a certificate showing that he or she has had at least twelve (12) months training in a regular chartered training-school for nurses connected with a general hospital or sanatorium, in which medical, surgical, obstetrical, and pediatric cases, and where men, women and children are treated. Licenses to undergraduate nurses. Qualifications. Sec. 10. It shall be the duty of said board of Examiners to determine all the qualifications of applicants, and provide for examination for license for undergraduate nurse. Upon filing application for examination and registration as a licensed undergraduate nurse, each applicant shall pay a fee of five ($5.00) dollars, and annually during the months of January or February every licensed undergraduate nurse shall be required to have her certificate validated by the issuance of a card attesting to her right to practice as a licensed undergraduate nurse for the current year. This request for validation shall be accompanied by a fee of fifty (50) cents. Any certificate not validated may be revoked. This shall not apply to attendants or orderlies employed in hospitals. All undergraduate nurses, practicing at the passage of this Act, and possessing the qualifications herein specified, shall, upon the payment of the application fee, be entitled to registration without examination, provided application is made for registration on or before February 1, 1928. After the expiration of six

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months after the passage of this Act, it shall be unlawful for any person or persons to practice as undergraduate nurse in this State without a certificate from said Board of Examiners, except in hospitals; and any person violating any of the provisions of this Act shall be guilty of misdemeanor, and upon conviction thereof shall be punished in accordance with section 1065 of the Penal Code of the State of Georgia. Each licensed undergraduate who registers in accordance with the provisions hereof shall be styled and known as a licensed undergraduate nurse, and no other persons shall assume or use such title, or use the abbreviation L. U. N., or other letters, words, or figures for the purpose of representing that he or she is a licensed undergraduate nurse within the meaning of this Act. Fee from undergraduate nurse. Validation of certificate annually. Registration without examination. Practice as undergraduate nurse, without certicate; penalty. Unlawful use of title. Sec. 11. Be it further enacted by the authority aforesaid, that this Act shall not be construed to affect or apply to gratuitous nursing of the sick by friends of the family, or as an emergency aid. And this shall not be construed to affect a situation in the event of public emergency pronounced by the State Board of Health to exist in the State at large, or any part thereof, or in the event of an emergency declared by national health authorities, requiring nursing service within or without the State, in which case unlicensed persons may be permitted to nurse or care for the sick for hire during the continuance thereof. Act not applied to quotations on emergency nursing, when. Sec. 12. Be it further enacted by the authority aforesaid, that the said board may revoke any certificate issued by it, for sufficient cause to be adjudged by it; but no such certificate shall be revoked without a hearing, notice of the time and place of which shall be given to the holder of the certificate by the secretary at least (30) days before the day set for said hearing, which notice shall plainly set forth the charges against the holder of said certificate, and the trial shall be only upon the grounds specified. Said notice shall be mailed to the said person so accused, at his or her last known address, postage prepaid; or the same shall be delivered personally to the person so accused. The presiding officer of the said board is authorized and

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empowered to administer oaths to all witnesses giving evidence at such hearing, and no evidence shall be received at such hearing if the same is not under oath. Revocation of certificate. Notice to holder. Sec. 13. Be it further enacted by the authority aforesaid, that out of the funds of the said board, accruing from the application fees herein provided, the secretary of said board shall be paid a salary and all necessary expenses, the salary to be determined by the said Board of Examiners. The members of the board shall be entitled out of the funds to receive not less than six ($6.00) dollars per day for each day actually engaged in the service of the board, and all necessary expenses. All payments out of said funds, or any funds of the board, shall first be approved by the presiding officer of said board. Be it further enacted, that one or more persons be employed by the board, to work under the direction of the secretary, and to be paid out of funds accruing from application fees, to assist in carrying out the rules and regulations adopted by the said board, and for giving advice and encouragement to nurse-training schools in preparing applicants for registration. Duties and salaries shall be determined by the board, and shall be paid as other expenses are paid. Salary of Secretary. Per diem of board. Employees. Sec. 14. Be it further enacted by the authority aforesaid, that the Board of Examiners shall have authority to issue certificates of registration without examination to graduate nurses of a State other than Georgia, or of a foreign country, who hold bona fide certificates of registration issued under the laws of such a State or foreign country; provided, the standards of registration are equivalent to those provided in this Act, and the individual qualifications of the nurse meet the requirements of this Act. The registration fee of ten ($10.00) dollars for graduate nurses herein provided shall accompany each application for a certificate. Be it further enacted, that the Board of Examiners shall have authority to issue a certificate of registration or license without examination to undergraduate nurses registered in a State other than Georgia, or of a foreign country, whose qualifications meet the requirements

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of this Act. The registration fee of five ($5.00) dollars, as herein provided for undergraduate nurses, shall accompany each application for certificate. Certificates of registration without examination. Fees. Sec. 15 Be it further enacted by the authority aforesaid, that the membership of the present Board of Examiners of Nurses for Georgia shall continue for the terms for which each member was chosen or appointed; and that the books, records, files, furniture, and property of the present board shall be the property of the board herein created. The board herein created shall be the successor or continuation of the board now in existence, and the acts of the present board heretofore done shall continue to be in all respects valid and lawful, and all registrations heretofore made or authorized by the said present board shall continue of full force and effect. Continuation of members of existing board; its books, etc., to be property of new board. Sec. 16. Be it further enacted by the authority aforesaid, that if any section, or any part thereof, in this bill containied shall be declared unconstitutional, it does not affect other parts. Act not invalidated by void part. Sec. 16A. The provisions of this Act shall not affect nurses known as practical nurses, not holding themselves out to be either graduate or undergraduate nurses within the meaning of this Act. Nurses not affected by this Act. Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herein be and the same are hereby repealed. Approved August 25, 1927. ORDINARIES AS CUSTODIANS OF FUNDS. No. 326. An Act to amend section 1 of an Act approved August 20th, 1918, entitled An Act to make the ordinaries of the several counties of the State the legal custodians and distributors of moneys due minor children arising

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from life-benefit societies, insurance companies, benefit societies, inheritance, or from any other source whatsoever; to give them power and authority to disburse the same for the benefit of such minors, themselves or through proper persons designated by them, and for other purposes, so as to make the several ordinaries of the State the custodians and distributors of such moneys due and owing to idiots, lunatics, and insane persons and persons non compos mentis, as well as of minor children. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act section 1 of the Act approved August 20th, 1918, be and the same is hereby amended by adding to and after the words child or children, in the sixth line of said section, the words, idiots, lunatics, insane persons and persons non compos mentis, so as said section as amended will read as follows: See Ga. L. 1918, p. 198. And see 36 Ga. App. 734. Ordinaries to be custodians of insurance money for insane persons, etc., when. Section 1. 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 ordinaries of the several counties of this State be and they are hereby made and constituted the legal custodians and distributors of all moneys due and owing to any minor child or children, idiots, lunatics, insane persons, and persons non compos mentis, who have no legal and qualified guardian, to receive and collect all such moneys due or owing to such minor or minors, idiots, lunatics, insane persons, and persons non compos mentis, arising from such insurance policies, benefit societies, legacies, inheritances, or from any other source; provided, that the amount due such minor or minors, idiots, lunatics, insane persons, and persons non compos mentis from all sources does not exceed the amount of five hundred dollars, without any appointment or qualifying order, he is authorized to take charge of such money or funds for such minor or minors, idiots, lunatics, and insane persons and persons non compos mentis, by virtue of his office as ordinary in the county of the residence of such

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minor or minors, idiots, lunatics, insane persons, and persons non compos mentis, and the certificate of such ordinary, that no legally qualified guardian has been so appointed and that the estate of such minor or minors, idiots, lunatics, insane persons, and persons non compos mentis, from all sources, does not exceed the amount of five hundred dollars ($500.00), shall be conclusive, and shall be sufficient authority to justify any debtor or debtors in making payment of monies due as aforesaid, claims therefor having been made by such ordinary. To read. Sec. 2. That section 2 of said Act be amended by adding after the word minor or minors in the third line of said Act the words, idiots, lunatics, insane persons, and persons non compos mentis, so that said section as amended will read as follows: Section 2. Be it further enacted by the authority aforesaid, that the ordinary of the county of the residence of such idiots, lunatics, insane persons, and persons non compos mentis is hereby authorized and permitted, in his discretion, to employ counsel to bring suit to recover any amount due such minor or minors, idiots, lunatics, insane persons, and persons non compos mentis, in the name of such ordinary as guardian for such minor or minors, idiots, lunatics, insane persons and persons non compos mentis, in any court having jurisdiction thereof, and such ordinary shall have authority to pay such counsel so employed a reasonable fee for his services in such matters, which is necessary to enforce the right of such minor or minors, idiots, lunatics, insane persons, and persons non compos mentis, out of the funds so collected. Suits by ordinaries as guardians. Sec. 3. Be it further enacted by the authority aforesaid, that section 4 of said Act be amended by adding after the words minor or minors, in the fifth line of said section, the words, idiots, lunatics, insane persons, and persons non compos mentis, so that said section as amended will read: Section 4. Be it further enacted by the authority aforesaid, that it shall be the duty of such ordinaries to keep a well-bound book properly indexed, in which a complete record shall be kept of all money received by

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him for such minor or minors, idiot, lunatic, insane persons, and persons non compos mentis; said record shall show from what source said funds were derived, and to show to whom and for what such money was paid, which book shall be open for inspection of the public at all times, as other records in his office. Record of funds Sec. 4. Be it enacted by the authority aforesaid, that section 6 of said Act be amended by adding after the words minor or minors, in the fifth line of said section, the words idiots, lunatics, insane persons, and persons non compos mentis, so that said section as amended will read as follows: Sec. 6. Be it enacted by the authority aforesaid, that the ordinary receiving such funds is hereby authorized and directed to pay out said funds so received by him, or whatever amount he may think necessary, for the support, education, and maintenance of such minor or minors, idiots, lunatics, and insane persons and persons non compos mentis, as he may think in his judgment proper and right, and when so expended shall be final, and no liability shall attach to such ordinary or his bondsmen by reason of such expenditures when properly done. Expenditures. Sec. 5. Be it further enacted by authority aforesaid, that section 7 of said Act be amended by adding after the words minor or minors, in the third line of said section, the words idiots, lunatics, insane persons, and persons non compos mentis, and after the words minor or minors in the sixth line of said section, the words idiots, lunatics, insane persons, and persons non compos mentis, so that said section as amended will read as follows: Be it further enacted by the authority aforesaid, that when any such funds shall come into the hands of the ordinary of any county, belonging to such minor or minors, idiots, lunatics, insane persons, and persons non compos mentis, and there shall be no cause or necessity arising for the payment out of said funds for support, education, and maintenance of such minor or minors, idiots, lunatics, insane persons, and persons non compos mentis, then in that event it shall be the duty of such ordinary to place said

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funds in some good and solvent bank, in the savings department of such bank at the then current rate of interest allowed on saving deposits, and when so deposited there shall be no further liability against such ordinary or his bondsmen when such deposit is made in good faith. Deposit of 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 20, 1927. PARK'S CODE SUPPLEMENTS TO BE SUPPLIED. No. 89. An Act to acquire a sufficient number of sets of the permanent supplement to Park's Annotated Code of 1914 to supply the same to all officers, courts and institutions who now receive Reports of the Supreme Court, and to give in exchange therefor publications of the State, and for other purposes. Whereas , in 1917, the State acquired five hundred sets of Park's Annotated Code of 1914, and in 1920 acquired all of the supplements to said Code which had been issued up to that time, by a resolution of the Legislature, Acts 1920, page 228; and whereas since said time it has been necessary for the publishers of Park's Annotated Code of 1914, in 1926, to issue two volumes of the permanent supplement to said Code and to prepare the manuscript for the publication of a proposed 1927 permanent supplement which will include all the Acts of a general nature passed by the Legislature of 1927, and be similar in all respects as to binding, printing, indexing, annotation, and arrangement as the original code and permanent supplements heretofore supplied the State; and whereas the continued use of said supplements by the courts will greatly facilitate and materially aid in the construction and application of the laws and the administration of justice, and will aid

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materially to and preserve the value of the sets of the original Code and supplements thereto now owned by the State: Now, therefore, be it resolved by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Governor is hereby authorized, on behalf of the State, to acquire by contract from the publisher of the aforesaid set of supplements of Park's Annotated Code of 1914 consisting of two volumes known as the 1926 Supplement and one volume to be published and known as the 1927 Supplement, not exceeding 500 sets, to supply all officers of the State, and of the several counties thereof, and all courts and institutions now furnished by the State with the Reports of the Supreme Court and Court of Appeals, and for exchange with other States for the Codes of such other States, at a price not exceeding twenty-five dollars ($25.00) for the set of at least three volumes, each volume to be of approximate size, and of the same quality of binding, printing, annotation, indexing, and arrangement as the Park's Code of 1914, exchanging therefor at current prices any publication of the State, designated by said publisher, published and held for sale, or to be published and held for sale, including reports of the Supreme Court and Court of Appeals, provided such designation or designations meet the approval of the State Librarian and the Supreme Court Reporter; and that upon delivery of said books to the State Librarian, it shall be the duty of the State Librarian to furnish promptly, free of charge, to each of said officers and institutions, a set of said supplements. The publishers, when said contract is consummated for not exceeding 500 sets of the three volumes of the supplements above referred to, are to deliver all of the 1926 supplements so contracted for immediately, and are to receive a credit of ten dollars ($10.00) per volume when delivery is made to the State, and not exceeding five dollars ($5.00) for the volume designated as the 1927 supplements when delivery is made upon completion and

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publication of the same. Any exchanges made with the State Librarian shall be made according to not less than the current and legal prices on such books held by the librarian at the time of the exchange. Authority to contract for supplements of Park's Code. Exchange of publications. Sec. 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1927. PENSIONS AND RELIEF TO COUNTY EMPLOYEES, ETC. No. 218. An Act to provide that counties having a population of two hundred thousand or more by the United States census of 1920, or any subsequent census, shall furnish aid and relief and pensions to employees not elected by the people, and to future employees and their dependents. To provide how such employees who have served twenty-five years may be retired for life on one-half pay. To provide how such employees shall be paid in case of total disability. To provide in case of sickness or accident. To provide for and how the dependents shall be paid in case of death of any employee. To provide for widows and children of deceased employees. To provide how every employee may participate in the pension fund. To provide how such funds shall be set aside, collected, and deposited and managed for the employees, and to pay in part such relief and pensions. To provide how disabled employees may receive pensions or relief. To provide for the amount deducted from salaries of employees shall be returned to employees. To create a board of trustees and provide for their selection, and to manage said funds deducted from employees' salaries. To provide that this Act shall not repeal nor in any wise affect any beneficiary, pensioner, or dependents who are receiving pensions or aid prior to the passage of this Act. To provide that the board of trustees shall

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make all necessary rules for carrying out the terms of this Act. 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 the existing laws. To provide that this Act shall not affect or be affected by any compensation laws or other similar 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 there may be raised and established funds for the aid, relief, and pensions of the employees of the county and their dependents, in all counties having a population of more than two hundred thousand by the United States census of 1920, or any subsequent census of the United States. Pensions and relief for county employees and dependents in counties of more than 200,000 people. Sec. 2. Be it further enacted by the authority aforesaid, that every employee and future employees who may participate in the pension fund may as a matter of right retire from active service, provided he shall have been an employee of the county for twenty-five years at the time of his retirement. Right to retire after 25 years service. Sec. 3. Be it further enacted by the authority aforesaid, that any employee who is eligible to participate and future employees who are eligible to participate, who shall be injured or whose health shall become permanently impaired to render them totally disabled, 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, and their decision shall decide the question. Voluntary retirement of disabled employees. Sec. 4. Be it further enacted by the authority aforesaid, when such employee shall retire as a matter of right he shall be paid one half of his 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 or dependents shall draw his pension as herein provided. Half-pay after retirement. Pension for widow, etc.

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Sec. 5. Be it further enacted by the authority aforesaid, when such employees 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 any aid or relief or pension received at the time of the passage of this Act. Half-pay. Sec. 6. Be it further enacted by the authority aforesaid, that there is hereby established a board of trustees whose duties it shall be to manage said fund. The board of trustees shall consist of the chairman of the commissioners of roads and revenues, the chief of the county police department, and the superintendent of public works of the county; and if there be no chairman of the commissioners of roads and revenues, and if there be no chief of county police, and if there be no superintendent of public works, the county authorities having charge of the affairs of the county shall manage said pension funds. The trustees shall formulate rules for taking care of employees, and prescribe regulations and conditions under which said aid, relief, and pensions shall be paid. The board shall keep a strict account of disbursements and receipts of all funds, which shall be open at all times to public inspection. The board of trustees shall have its first meeting on Friday following the first Monday in October after the passage of this Act, and organize by electing a chairman, a vicechairman, and a secretary. The chairman shall sign all vouchers. Board of Trustees for fund; members. Duties of trustees. Organization. Sec. 7. Be it further enacted by the authority aforesaid, that all county employees who desire to participate in the pension fund shall have two (2) per cent. of their salaries deducted monthly. Deduction from salaries. Sec. 8. Be it further enacted by the authority aforesaid, that in case an employee who has not served twenty-five years and whose employment has been severed by the county, he shall receive the amount deducted from his salary for the pension fund. Return of amount deducted from salary.

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Sec. 9. Be it further enacted by the authority aforesaid, that in case an employee has served twenty-five years does not desire to retire, the board of trustees may in their discretion retire him, after first obtaining the consent of the county commissioners. Involuntary retirement. Sec. 10. Be it further enacted by the authority aforesaid, that if any part or section of this Act be held unconstitutional, the remainder of this Act shall be of full force and effect. Whole act not invalidated by void part. Sec. 11. Be it further enacted by the authority aforesaid, that this Act shall not repeal nor in any wise affect any pensions or benefits or aids now being paid to those who were receiving the same and who shall receive the same after the passage of this Act. Former pensions not affected. Sec. 12. Be it further enacted by the authority aforesaid, that when any employee has served twenty-five years, and who has not taken a pension, dies, his widow and minor children shall receive his pension until such widow shall remarry, or until such minor children or dependents shall have reached the age of sixteen years. Widow and children, pension of, stops when. Sec. 13. Provided, that this Act shall not affect or be affected by any workmen's compensation law or other similar laws. Workmen's compensation law not affected. Sec. 14. Be it further enacted that the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 15, 1927. PENSIONS FOR MUNICIPAL EMPLOYEES. No. 318. An Act to provide that cities having a population of more than (150,000) one hundred and fifty thousand by the United States census of 1920, or subsequent census,

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shall furnish pensions to all officers and employees of such cities who have served for twenty-five (25) years, now in active service, whose names are on the pay-roll of the city, and to future members as specified; to provide that such cities shall deduct from the salaries or wages of such officers and employees two per centum, which shall be set aside in trust for and to make up any deficiency from the current funds of such cities; to provide for the collection and management of the funds; to create a board of trustees; to provide that this Act shall not repeal or otherwise affect any other pension now or hereafter paid by such cities, but that no pensioner shall receive two pensions; to provide that the sums due the pensioners shall not be subject to garnishment or judgment, and shall not be assignable; to provide that this Act shall not affect the workmen's compensation law or similar laws; to repeal conflicting laws; 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 from and after the passage of this Act there shall be raised and established funds for the pension of all officers and employees now in active service and on the pay-rolls, and future officers and employees 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 for city employees in cities of above 150,000 people. Sec. 2. That every regular officer and employee of such city, in active service at the time of the passage of this Act, now on the pay-roll, and future officers and employees, may as a matter of right retire from active service, provided he shall have served twenty-five (25) years in active service of such city at the time of his retirement. Right to retire after 25 years service. Sec. 3. When such officer or employee shall retire as a matter of right, he shall be paid one half of the salary he

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was receiving at the time of his retirement, for the rest of his life, to be paid monthly. Half-pay. Sec. 4. That there is hereby established a board of trustees, to serve without pay, whose duty it shall be to see that the provisions of this Act are carried out by such cities; that the funds are kept separate; each of such cities shall have a board of trustees composed of the mayor, city comptroller, and city treasurer, or such officials who discharge duties usually assigned said officers. This board shall make rules describing forms for applicants for said pensions, and all other matters connected with their duties under this Act. When a pension is awarded by said board, the award shall be transmitted to the governing authorities of said city, who shall provide some manner for verifying the facts of the petition, or other legal requirements; when so verified, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pension, signed by the mayor and paid by the treasurer, with the notation on each check that the pension has been approved by the governing authority of such city. Said board shall designate times and place of meeting, method of hearing and decisions, etc. Board of Trustees for fund; members. Duties of trustees. Payments how made. Sec. 5. The sum of two per centum shall be deducted from the salaries or wages of all officers and employes of such cities as and when paid. This sum shall be retained by the city treasurer, and is hereby set apart as a pension fund free from the control of such cities for any other purpose or expenditure. Deduction of 2 per cent, from salaries. Sec. 6. That when pensions are properly allowed and become a charge on such cities, and the fund derived from the deductions from the salaries and wages is not sufficient to meet such pensions, the governing authorities of such cities shall provide, by appropriation from the current funds thereof, a sufficient sum to meet said pensions as they fall due. Appropriation to meet deficiency in fund. Sec. 7. In case any employee or officers objects to the deduction of said salary or wages of said two per cent,

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or otherwise objects to the payment of said two per centum, such officer or employee shall not be entitled to the pension provided by this Act. Objectors to deduction, excluded. Sec. 8. That the governing authorities of such cities shall be authorized to pass ordinances supplementing the provisions of this Act where its terms are found not to be full enough to provide for the collection and payment of such payment. Supplementary ordinances. Sec. 9. That none of the funds herein provided for shall be subject to attachment, garnishment, or judgment, nor shall they be assigned, but shall be paid to the pensioner only or on his order. Funds not assignable or subject to garnishment, etc. Sec. 10. This Act does not repeal nor in anywise affect any benefit or pension now being paid under some previous ordinance or Act, but no pensioner shall receive two pensions. Those already receiving pensions are not eligible to pensions under this Act. Effect as to pensioner under previous law. Sec. 11. This Act shall not affect nor be affected by any workman's compensation law or similar laws. Workmen's compensation law not affected. Sec. 12. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927. PENSIONS FOR MUNICIPAL OFFICERS. No. 207. An Act to provide that all cities having a population of more than 150,000 inhabitants shall provide pensions for the following officials, provided they are in office at the time of the passage of this Act and have served twenty-five years, to wit: city clerk and chief deputy, city attorney, assistant city attorney and investigator: comptroller, assistant and auditor; purchasing agent; treasurer and tax-collector: tax-assessors, their tax investigator, and their chief clerk; marshal; building inspector;

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recorders: health officers; superintendents of Grady and Battle Hill santioriums: chief of construction, assistants in charge of sewers, streets, sidewalks, repairs, plumbing, and bridges: chief sanitary inspector and assistant; street-improvement collector; superintendent of electrical affairs; warden; superintednent of public schools; librarian; general manager of parks and cemeteries; general manager of waterworks, together with superintendent of construction and two chief engineers; said officials to have the right to retire as a matter of right and receive one half the salary paid them at the time of their retirement, during the balance of their lives, said officers to pay into a fund kept apart and controlled by such cities the sum of two per cent. monthly from their salaries, to be used for these pensions, same to be supplemented by such cities if such fund, at any time, becomes insufficient to pay said pensions; such cities shall provide a committee to have charge of these pensions, formulate rules therefor, report on same to the governing body, and then governing body shall pass and adopt such reports and thereafter the pensions shall become binding; such pensions to be paid from the funds above named and from current funds; and the governing authorities shall pass ordinances carrying into effect 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 all cities in Georgia having a population of more than 150,000 inhabitants by the United States census of 1920, or any subsequent census of the United States, shall provide pensions for the following heads of departments of their assistants or subordinates, to wit: city clerk and chief deputy; city attorney and assistant and investigator; comptroller, assistant and auditor; purchasing agent; treasurer and tax-collector; tax-assessors, their tax investigator and their chief clerk; marshal; building inspector; recorders; health officer; superintendent of

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Grady and Battle Hill santioriums; chief of construction, assistants in charge of sewers, streets, sidewalks, repairs, plumbing, and bridges; chief sanitary inspector and assistant; street-improvement collector; superintendent of electrical affairs; warden; superintendent of public schools; librarian; general manager of parks and cemeteries; general manager of waterworks, together with superintendent of construction and two chief engineers in the waterworks department. If said cities have no officials or employees having these particular titles, then the officials or employees discharging the duties nearest to those indicated shall receive the pension herein provided. Provided, the officers named are in active service in their several offices and positions at the time of the passage of this Act, and their names are on the pay-roll, and likewise for their successors in office or in said positions, provided they have served twenty-five (25) years in the active service of said city at the time of their retirement. In counting this period of service, any official who was serving in a municipality annexed to said city, shall have computed the time of service rendered in the annexed municipality in making up said twenty-five (25) years. Pension fund for city officers in cities of above 150.000 people. Proviso as to 25-years service. Sec. 2. Said officers and employees shall be and they are hereby authorized to retire as a matter of right, when they shall have passed or attained the required years of service, and in such event they shall be paid one half of the salary they were receiving at the time of such retirement, for the rest of their lives, to be paid monthly. Right to retire on half-pay. Sec. 3. It shall be the duty of the governing authorities of said cities to provide that some standing committee shall have charge of these pensions. Said committee shall formulate the rules under which applications therefor shall be made, and provide for the method by which said pensions may be set up, ordered and established. When so ordered and established, they shall report to the governing authorities and to the comptroller, and same shall thereafter become a fixed and binding obligation on the part of the city. When so found and reported, the city, through

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its governing authorities shall provide for the payment thereof from fund herein provided and its current funds, and these payments shall be kept up during the lives of said pensioners, and funds shall be annually provided sufficient to cover the payment of said pensions, and same shall be promptly paid to said pensioners monthly, and shall be one half of the sum received at the time of their retirement. Committee in charge of pensions. Duties of committee. Payments. Sec. 4. Such cities shall by their governing bodies be authorized to pass ordinances carrying into effect the purposes of this Act, but not in violation of the terms thereof. This is done in order to provide for rules and regulations, so that the provisions of this Act may be carried out and become effective, although its terms may not be sufficiently specific to secure the results desired. Supplementtary ordinances. Sec. 5. The fund with which to pay the pensions herein provided for shall be set up as follows: Each of said officials may pay into a fund established and set apart by ordinance the sum of (2) two per cent. of their salaries monthly. Should said fund, at any time, be insufficient to meet and pay said pensions, such cities shall supplement, by appropriations from current funds, sufficient amounts to make up the difference. In case any of said officials fail to pay said per centum, they shall thereupon become ineligible to receive pensions. These matters shall be regulated by ordinance. Pensions only for those paying 2 per cent. Of salary to fund. Sec. 6. This Act shall not affect nor be affected by any workmen's compensation laws nor any similar laws; nor shall any pensioner be paid more than one pension, if there are other regulations by general law or charter amendment under which the pensioner may be paid another and different pension. Act not affected by workmen's compensation law. Only one pension allowed. Sec. 7. The words governing authorities, herein used, mean either general council or council or commission or other officials in charge of the affairs of said city. Meaning of governing authorities.

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Sec. 8. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. PERSONS OF COLOR; MARRIAGES; REGISTRY. No. 317. An Act to define who are persons of color and who are white persons, to prohibit and prevent the intermarriage of such persons, and to provide a system of registration and marriage licensing as a means for accomplishing the principal purpose, and to provide punishment for violations of the provisions of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that section 2177 of the Civil Code of Georgia of 1910 (Acts 1865-6, page 239), being an Act to define persons of color, be and the same is hereby amended as follows: By striking therefrom the words one-eighth and inserting in lieu thereof the following words: any ascertainable trace of either, and by adding and inserting after the word African and before the word blood the following words: West Indian, or Asiatic Indian, and by adding and inserting after the word veins and before the word shall the following words: and all descendants of any person having either Negro or African, West Indian, or Asiatic Indian blood in his or her veins, so that said section 2177 as amended shall read as follows: All negroes, mulattoes, mestizos, and their descendants, having any ascertainable trace of either Negro or African, West Indian, or Asiatic Indian blood in their veins, and all descendants of any person having either Negro or African, West Indian, or Asiatic Indian blood in his or her veins, shall be known in this State as persons of color. C. C. 2177 amended. Persons of color defined. Term applied to persons with trace of West Indian or Asiatic Indian blood. Sec. 2. Be it further enacted, that upon the passage of this Act the State Registrar of Vital Statistics, under the

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supervision of the State Board of Health, shall prepare a form for the registration of individuals, whereon shall be given the racial composition of such individual, as Caucasian, Negro, Mongolian, West Indian, Asiatic Indian, Malay, or any mixture thereof, or any other non-Caucasic strains, and if there be any mixture, then the racial composition of the parents and other ancestors in so far as ascertainable, so as to show in what generation such mixture occurred. Said form shall also give the date and place of birth of the registrant, name, race, and color of the parents of registrant, together with their place of birth if known, name of husband or wife of registrant, with his or her place of birth, names of children of registrant with their ages and place of residence, place of residence of registrant for the five years immediately preceding registration, and such other information as may be prescribed for identification by the State Registrar of Vital Statistics. Registration as to race. Supervision of State Board of Health. Contents of form for registration. Sec. 3. Be it further enacted, that the State Registrar of Vital Statistics shall supply to each local registrar a sufficient number of such forms to carry out the provisions of this Act. Supply of forms. Sec. 4. Be it further enacted, that each local registrar shall personally or by deputy, upon receipt of said forms, cause each person in his district or jurisdiction to execute said form in duplicate, furnishing all available information required upon said form, the original of which form shall be forwarded by the local registrar to the State Registrar of Vital Statistics, and a duplicate delivered to the ordinary of the county. Said form shall be signed by the registrant, or, in case of children under fourteen years of age, by a parent, guardian, or other person standing in loco parentis. The execution of such registration certificate shall be certified to by the local registrar. Local registrar must cause each person in district to execute form. etc. Sec. 5. If the local registrar have reason to believe that any statement made by any registrant is not true, he shall so write upon such certificate before forwarding the same to the State registrar or ordinary, giving his reason therefor. Untrue statement.

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Sec. 6. It shall be unlawful for any person to refuse to execute said registration certificate as provided in this Act, or to refuse to give the information required in the execution of the same; and any person who shall refuse to execute such certificate, or who shall refuse to give the information required in the execution of the same, shall be guilty of a misdemeanor, and shall be punished as prescribed in section 1065 of the Penal Code of Georgia of 1910. Each such refusal shall constitute a separate offense. Penalty for refusal to execute registration certificate, etc. Sec. 7. The local registrar shall collect from each registrant a registration fee of thirty cents, fifteen cents of which shall go to the local registrar and fifteen cents of which shall go to the State Board of Health, to be used in defraying expenses of the State Bureau of Vital Statistics. If any registrant shall make affidavit that through poverty he is unable to pay said registration fee of thirty cents, the local registrar shall receive a registration fee of only ten cents for such registration, which sum shall be paid out of the funds of the State Bureau of Vital Statistics, and the State Bureau of Vital Statistics shall receive no fee for such registration. This section shall not apply to the registration of births or deaths, the registration of which is otherwise provided for. Fee for registration 30 cents; how divided. Fee for pauper's registration. Section not applied to births or deaths. Sec. 8. Be it further enacted, that it shall be a felony for any person to wilfully or knowingly make or cause to be made a registration certificate false as to color or race, and upon conviction thereof such person shall be punished by imprisonment in the penitentiary for not less than one year and not more than two years. In such case the State registrar is authorized to change the registration certificate so that it will conform to the truth. False registration, felony; punishment. Sec. 9. Be it further enacted, that upon the passage of this Act, the State Registrar of Vital Statistics shall prepare a form for application for marriage license, which form shall require the following information to be given over the signature of the prospective bride and groom; name and address; race and color; place of birth; age; name

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and address of each parent; race and color of each parent; and whether the applicant is registered with the Bureau of Vital Statistics of this or any other State, and, if registered, the county in which such registration was made. The State Registrar of Vital Statistics shall at all times keep the ordinaries of each county in this State supplied with a sufficient number of said form of application for marriage license to care for all applications for marriage license. Each prospective bride and each prospective groom applying for marriage license shall fill out and execute said application in duplicate. Form of application for marriage license. Duplicate. Sec. 10. Be it further enacted, that upon such applications for marriage license being filed with the ordinary by the prospective bride and prospective groom, the ordinary shall forward the original of such application to the State Registrar of Vital Statistics, and retain the duplicate of such application in his files. Filing. Sec. 11. Be it further enacted, that the ordinary shall withhold the issuing of any marriage license until a report upon such application has been received from the State Registrar of Vital Statistics. Said report from the State Registrar of Vital Statistics shall be forwarded to the ordinary by the next return mail, and shall state whether or not each applicant is registered in the Bureau of Vital Statistics; if registered, the report shall state whether the statements made by each applicant as to race and color are correct according to such registration certificate. If the registration certificate in the office of the Bureau of Vital Statistics show that the statement of either applicant as to race or color are untrue, the report of the State Registrar of Vital Statistics shall so state, and in such case it shall be illegal for the ordinary to issue a marriage license to the applicants, until the truth of such statements of the applicants shall have been determined in a legal proceeding brought against the ordinary to compel the issuing of such license. If the report from the State Registrar of Vital Statistics shows that the applicants are not registered, and if the State Bureau of Vital Statistics has no information

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as to the race or color of said applicants, then the ordinary shall issue the marriage license if he has no evidence or knowledge that such marriage would be illegal. If one of the applicants is registered with the State Bureau of Vital Statistics and the other applicant is not so registered, if the records of the Bureau of Vital Statistics contain no information to disprove the statements of either applicant as to color or race, then the ordinary shall issue the marriage license, if he has no evidence or knowledge that such marriage would be illegal. Provided, that where each party is registered and such registration certificate is on file in the office of the ordinary of the county where application for marriage license is made, it shall not be necessary for the ordinary to obtain any information from the State Bureau of Vital Statistics; and provided further, that when any person who has previously registered as required herein moves to another county, he may file with the ordinary of the county of his new residence a certified copy of his registration certificate, which shall have the same effect as if such registration had been made originally in said county. Report by State Registrar of Vital Statistics after examination as to registration of applicant. Refusal of license. Proviso. Removal of registrant; fling copy in another county. Sec. 12. Be it further enacted, that where any application for marriage license shows that such applicant was not born in this State and is not registered with the Bureau of Vital Statistics of this State, the ordinary shall forward a copy of such application to the State Registrar of Vital Statistics of this State, and shall also forward a copy of the application to the clerk of the superior or circuit court, as the case may be, of the county of the applicant's birth, and another copy to the Bureau of Vital Statistics, at the capitol of the State, of the applicant's birth, with the request that the statements therein contained be verified. If no answer be received from such clerk or Bureau of Vital Statistics within ten days, the ordinary shall issue the license if he have no evidence or knowledge that such marriage would be illegal. If an answer be received within ten days, showing the statement of such applicant to be untrue, the ordinary shall withhold the issuing of the license

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until the truth of such statements of the applicant shall have been determined in a legal proceeding brought against the ordinary to compel the issuing of such license. In all cases where answers are received from such clerk or Bureau of Vital Statistics, a copy of the answer shall be forwarded to the State Registrar of Vital Statistics of this State. Application for marriage license by one not born in this State. Sec. 13. Be it further enacted, that when a marriage license is issued by the ordinary, it shall be returned to the ordinary by the officer or minister solemnizing the marriage, and forwarded by the ordinary to the State Registrar of Vital Statistics, to be permanently retained by said registrar. Return of license after marriage. Sec. 14. Be it further enacted, that the term white person shall include only persons of the white or Caucasian race, who have no ascertainable trace of either Negro, African, West Indian, Asiatic Indian, Mongolian, Japanese, or Chinese blood in their veins. No person shall be deemed to be a white person any one of whose ancestors has been duly registered with the State Bureau of Vital Statistics as a colored person or person of color. White person defined. Sec. 15. Be it further enacted, that from and after the passage of this Act it shall be unlawful for a white person to marry any save a white person. Any person, white or otherwise, who shall marry or go through a marriage ceremony in violation of this provision shall be guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than one nor more than two years, and such marriage shall be utterly void. Unlawful for whites to marry other than white. Penalty. Sec. 16. Be it further enacted, that any person who shall make or cause to be made a false statement as to race or color of himself or parents, in any application for marriage license, shall be guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than two nor more than five years. False statement in application; penalty. Sec. 17. Be it further enacted, that any ordinary who shall issue a marriage license without complying with each

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and every provision of this Act shall be guilty of and punished as for a misdemeanor. Ordinary's noncompliance with law. Penalty. Sec. 18. Be it further enacted, that if any civil officer, minister, or official of any church, sect, or religion, authorized to perform a marriage ceremony, shall wilfully or knowingly perform any marriage ceremony in violation of the terms of this Act, he shall be guilty of and punished as for a misdemeanor. Performing marriage ceremony in violation of law. Sec. 19. Be it further enacted, that if any case of a marriage in violation of the provisions of this Act is reported to the State Registrar of Vital Statistics, he shall investigate such report, and shall turn over to the Attorney-General of the State the information obtained through such investigation. Report of violation of law. Sec. 20. Be it further enacted that when any birth certificate is forwarded to the Bureau of Vital Statistics, showing the birth of a legitimate child to parents one of whom is white and one of whom is colored, it shall be the duty of the State Registrar of Vital Statistics to report the same to the Attorney-General of the State, with full information concerning the same. Thereupon it shall be the duty of the Attorney-General to institute criminal proceedings against the parents of such child, for any violation of the provisions of this Act which may have been committed. Birth of legitimate child of white parent and colored parent, report of, and prosecution. Sec. 21. Be it further enacted, that it shall be the duty of the Attorney-General of the State, as well as the duty of the Solicitor-General of the Superior Court where such violation occurs, to prosecute each violation of any of the provisions of this Act, when the same is reported to him by the State Registrar of Vital Statistics. If the Attorney-General fails or refuses to prosecute any such violation so reported to him by the State Registrar of Vital Statistics, the same shall be grounds for impeachment of the Attorney-General, and it shall be the duty of the State Registrar of Vital Statistics to institute impeachment proceedings against the Attorney-General in such case. Duty of Attorney-General and Solicitor-General as to prosecution. Impeachment of Attorney-General not prosecuting.

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Sec. 22. Be it further enacted, that this Act shall be effective immediately upon its passage and approval by the Governor of the State. Effective Immediately. Sec. 23. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927. PETROLEUM PRODUCTS REGULATED. No. 313. An Act to provide for inspection, analysis, and test of gasoline, kerosene, and other petroleum products, used for power, illuminating, heating, and cooking purposes; to provide for measurements; to provide how same shall be labeled, kept, and sold; to provide for the condemnation of pumps illegally used and such products illegally sold; to prescribe remedial procedure, rules of evidence; to provide for appointment of a State Oil Chemist, inspectors of such products, to be known as oil inspectors; to fix their salaries, duties, and qualifications; to provide for their removal from office for cause; to define the power and duties of ordinaries and Comptroller-General in connection herewith; to abolish the offices of general or State inspector of oils and the offices of all local or other oil inspectors now existing; to repeal all of the provisions of sections 1800, 1801, 1802, 1803, 1804, 1805, 1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813, and 1814 and subsections thereof of the Civil Code of Georgia of 1910, sometimes referred to as Park's Annotated Code of Georgia of 1914, which provide for the inspection of oil and gasoline and other petroleum products, and for the payment of inspection fees; to abolish all inspection fees of every kind and character as to said products; 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 the authority of the same, as follows, to wit: Section 1. The word gasoline used in this Act shall embrace and include gasoline, naphtha, benzol, and other products of petroleum under whatever name designated, used for heating or power purposes. The word kerosene shall embrace and include kerosene and other products of petroleum under whatever name designated, used for illuminating, heating, or cooking purposes. Gasoline, kerosene, defined. Sec. 2. For the purpose of the Act all gasoline and kerosene sold, offered or exposed for sale in this State, shall be subject to inspection and analysis as hereinafter provided. All manufacturers, refiners, wholesalers, and jobbers, before selling or offering for sale in this State any gasoline or kerosene, or the like products, under whatever name designated, for power, illuminating, heating, or cooking purposes, shall file with the Comptroller-General a declaration or statement that they desire to sell such products in this State, and shall furnish the name, brand, or trademark of the products which they desire to sell, together with the name and address of the manufacturer thereof, and that all such products are in conformity with the distillation test hereinafter provided. Inspection of gasoline and kerosene. Declaration by dealers, etc., to Comptroller-General. Sec. 3. All materials, fluids, or substances offered or exposed for sale, purporting to be substitutes for, or motor-fuel improvers, or other motor fuels to be used for power, cooking, or heating purposes, shall, before being sold, exposed, or offered for sale in this State, be submitted to the Comptroller-General for examination and inspection, and shall receive the approval of the state Oil Chemist hereinafter provided for, and the Comptroller-General, and then shall be sold or offered for sale only when properly labeled with a label, the form and contents of which has been approved by the State Oil Chemist and Comptroller-General. Approval by State Oil Chemist and Comptroller-General. Label.

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Sec. 4. The sale or offering for sale of all such gasoline and kerosene as hereinbefore enumerated and designated, used or intended to be used for power, illuminating, cooking, or heating purposes, when sold under whatever name, which shall fall below the standard hereinafter provided, is hereby declared to be illegal, and same shall be subject to confiscation and destruction by order of the Comptroller-General. Illegal sale. Confiscation. Sec. 5. Every person, firm, corporation, or association of persons, delivering at wholesale or retail any gasoline in this State, shall deliver the same to the purchaser only in tanks, barrels, casks, cans, or other containers having the word gasoline, plainly stenciled or labeled in vermilion red, in English. Such dealers shall not deliver kerosene oil in any barrel, cask, can, or other container which has been stenciled or labeled, that has ever contained gasoline, unless such barrel, cask, can, or other container shall have been thoroughly cleaned and all traces of gasoline removed. Every purchaser of gasoline for use or sale shall procure and keep the same only in tanks, barrels, casks, cans, or other containers stenciled or labeled as heretofore provided; every person delivering at wholesale or retail any kerosene in this State shall deliver same to the purchaser only in tanks, barrels, casks, cans, or other containers having the word kerosene in English, plainly stenciled or labeled in vermilion red, and every person purchasing for use or sale shall procure and keep the same only in tanks, barrels, casks, cans, or other containers stenciled or labeled as heretofore provided. Nothing in this section shall prohibit the delivery of gasoline by hose or pipe from a tank directly into the tank of any automobile or other motor. In cases where gasoline or kerosene is sold in bottles, cans, or other containers of not more than one gallon, for cleaning and other similar purposes, such bottles, cans, or other containers shall bear a label with the words, unsafe when exposed to heat or fire. Containers and labels. Delivery by hose or pipe from tank. Bottles, cans. Sec. 6. When gasoline or kerosene is shipped into the State of Georgia in any manner whatever, the manufacturer,

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refiner, or jobber shall promptly give notice to the Comptroller-General of the date of shipment, and shall furnish a sample of not less than eight ounces of the gasoline or kerosene shipped and labeled, giving the tank-car number, truck number or other container number, with the name and address of the person, company, firm, or corporation and to whom it is sent, and the number of gallons contained in the shipment made. In each instance where gasoline or kerosene is shipped in tank-cars, the record of the tank-car furnished by the railroad companies as to the capacity of each tank-car will be accepted. Notice to Comptroller-General as to shipment into State; sample. Sec. 7. Any person purchasing any gasoline, illuminating, or heating oils, from any manufacturer, refiner, jobber, or vendor in this State, for his own use, may submit fair samples of said gasoline, illuminating, or heating oils to the Comptroller-General to be tested, or analyzed by the State Oil Chemist. In order to protect the manufacturer or vendor from the submission of spurious samples, the person selecting the same shall do so in the presence of two or more disinterested persons, which samples shall not be less than one pint in quantity, and bottled, corked, and sealed in the presence of said witnesses, and sample shall be placed in the hands of a disinterested person, who shall forward the same at the expense of the purchaser to the Comptroller-General; and upon the receipt by him of any such sample he is hereby required to have the State Oil Chemist to promptly test and analyze the same, and he shall return to such purchaser or purchasers a certificate of analysis, which, when verified by the affidavit of the State Oil Chemist, shall be competent evidence in any court of law or equity in this State. Test or analysis for buyer. Samples. Certificate of analysis. Sec. 8. It shall be a misdemeanor for any manufacturer, refiner, vendor, jobber, or wholesaler to sell, expose, or offer for sale any gasoline for heating or power purposes in this State, which does not comply with the following distillation test: Sale without test; misdemeanor. 1. Corrosion test. A clean copper strip shall not be discolored when submerged in the gasoline for 3 hours at 122 F. Tests of gasoline.

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2. Distillation range. When the first drop falls from the end of the condenser, the thermometer shall not read more than 55 C. (131 F.) Tests of gasoline. When 20 per cent. has been recovered in the receiver, the thermometer shall not read more than 105 C. (221 F.) When 50 per cent. has been recovered in the receiver, the thermometer shall not read more than 140 C. (284 F.) When 90 per cent. has been recovered in the receiver, the thermometer shall not read more than 200 C. (392 F.) The end point shall not be higher than 225 C. (437 F.) At least 95 per cent. shall be receovered as distillate in the receiver from the distillation. 3. Sulphur. Sulphur shall not be over 0.10 per cent. All the foregoing tests shall be made in accordance with the methods for testing gasoline contained in Technical Paper 323A, United States Government Bureau of Mines, Department of the Interior. It shall also be a misdemeanor for any manufacturer, jobber, wholesaler, or vendor to sell, offer, or expose for sale any kerosene oil for use or intended to be used for heating, cooking, or power purposes, which does not comply fully with the following distillation test: 1. Color. The color shall not be darker than No. 16 Saybolt. Kerosene tests. 2. Flash point. The flash point shall not be lower than 100 F. 3. Sulphur. The sulphur shall not be more than 0.125%. 4. Flock. The flock test shall be negative. 5. Distillation. The end point shall not be higher than 625 F. 6. Cloud point. The oil shall not show a cloud at 5 F.

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7. Burning test. The oil shall burn freely and steadily for 16 hours, in a lamp fitted with a No. 2 hinge burner. All of the foregoing tests for kerosene shall be made according to the methods for testing kerosene contained in Technical Paper 323A, United States Government Bureau of Mines, Department of the Interior. Provided, that the Comptroller-General may from time to time change these specifications to agree with those adopted and promulgated by the United States Government Bureau of Mines; provided further, that sixty days' notice shall be given all manufacturers, refiners, and jobbers doing business in this State, before any such changes shall become effective. Change of tests. Sec. 9. The Comptroller-General is hereby required to appoint a chemist who shall be an expert oil analyst, and to be designated as the State Oil Chemist, whose duty it shall be to analyze all samples of gasoline and kerosene, and all fluids purporting to be substitutes for, or motorfuel improvers, or other like products of petroleum, under whatever name is designated, and used for illuminating, heating, cooking, or power purposes, submitted by the Comptroller-General or any duly authorized inspector or inspectors. Said chemist shall hold office for a period of four years, unless sooner removed for cause, as hereinafter provided; and he shall receive a salary of $3,000.00 per annum, payable monthly. State Oil Chemist; appointment, duties, salary. Sec. 10. The offices of general oil inspectors, State oil inspectors, and of all local oil inspectors are hereby abolished, and it shall be the duty of the Comptroller-General to appoint six oil inspectors, each of whom shall receive a salary of $2,400.00 per annum, and shall be allowed an expense account not to exceed the sum of $2,400.00 each per annum, payable monthly. The inspectors herein provided for shall hold office for four years, unless sooner removed for cause, as hereinafter provided. Oil inspectors; number, appointment, term, salary, expenses. Sec. 11. Any chemist or inspector who, while in office, shall be interested directly or indirectly in the manufacture

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or vending of any gasoline shall be guilty of a misdemeanor. Unlawful interest in sale, etc. Sec. 12. All inspectors are hereby, required to provide themselves, at their own expense, with automobiles equipped with accurate speedometers, and to make daily reports to the Comptroller-General, covering all work performed, and monthly reports shall also be made, showing the following information: Inspectors' automobiles. Daily reports 1. Name and number of towns visited. 2. Number of inspections in each town. 3. Number of miles traveled by rail. 4. Number of miles traveled by automobile. 5. Expenses incurred, with vouchers showing the amount spent for hotel bills, gasoline, oil, railroad fares, and incidentals necessary in the performance of their duties. 6. Number of samples drawn, each kind. 7. Number pumps inspected, and the numbers of the pumps. 8. Number pumps condemned. 9. Number of pumps in territory. Sec. 13. The Comptroller-General is hereby empowered and it is made his duty to collect, or cause to be collected by his duly authorized inspectors, samples of gasoline, kerosene, or other illuminating, cooking, or heating oils sold, offered, or exposed for sale in this State, and to cause samples to be tested or analyzed by the State Oil Chemist hereinbefore provided for, for this purpose. And said State Oil Chemist is hereby required to report his finding to the Comptroller-General, together with a certificate of analysis of such gasoline, kerosene, or other like products of petroleum, under whatever name designated, and used for illuminating, heating, cooking, or power purposes. Such certificate of analysis, when properly verified by an

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affidavit of said State Oil Chemist, shall be competent evidence in any court of law or equity in this State. Duty to collect and test samples. Reports of findings by chemist. Certificate. Sec. 14. Each and every dealer in gasoline, before selling, exposing, or offering for sale any gasoline in this State, and annually thereafter, shall be required to register and shall make known his desire to sell gasoline to the Comptroller-General, giving the name and manner and kind of pump or pumps he will use, and location of same, and keep said certificate or certificates of registration posted in a prominent and accessible place in his place of business where such gasoline is sold. The form of such certificate shall be designated and issued by the Comptroller-General. Registration of gasoline dealers. Posting certificate. Sec. 15. It shall be the duty of the inspectors herein provided for to familiarize themselves with the accuracy and adjusting devices on the various makes of self-measuring pumps in use in this State; they shall carefully inspect all of such pumps located in the territory assigned to them, at least once every ninety days; all such pumps found to be giving accurate measure with a variation of not exceeding four ounces from the actual measures on a measure of five gallons, he shall place a lead and wire seal, to be provided by the Comptroller-General, on the adjusting device or devices in such way that the adjustment cannot be altered without breaking the seal. Any pump that is found to be giving inaccurate measure in excess of four ounces, the inspector shall then and there notify the operator of the pump, whether owner or lessee, to make the necessary adjustments, the inspector to lend his assistance with the standard measure provided for testing such pumps; after the adjustments have been made, the adjusting devices are to be sealed in the same manner as provided for those pumps found originally accurate. On all pumps that have apparently been altered for the purpose of giving short measure in excess of eight ounces on a measure of five gallons, or that cannot be adjusted within a range of eight ounces, either over or under, on a measure of five gallons, the inspector shall notify the operator of such pump, whether

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he be owner or lessee, that it must be immediately adjusted, the inspector to lend his assistance with the standard measure for testing such pumps. Should the operator fail or refuse to then and there make such adjustments as are necessary to bring the measure within the allowed variation, the same shall be condemned and dismantled immediately by the inspector examining the same, and such pump shall not again be allowed operated in this State without the written consent of the Comptroller-General. Inspectors shall be required to report to the Comptroller-General immediately the name and number of all pumps condemned and dismantled. Any person, company, firm, or corporation who shall reinstall and operate any pump, without the written consent of the Comptroller-General, which has been condemned by a duly authorized inspector herein provided, because of giving short measure in excess of eight ounces to a measurement of five gallons, shall be deemed guilty of a misdemeanor, and upon conviction be punished as prescribed by section 1065 of the Penal Code of Georgia of 1910. When any pump is condemned under the provisions of this Act by any inspector, it shall be the duty of the inspector to immediately make affidavit, before the ordinary of the county in which the pump is located, that the said pump is being operated by the person who shall be named in the affidavit, contrary to law; and thereupon the ordinary shall issue an order to the person named in the affidavit to show cause before him on the day named in the order, not more than ten days nor less than three days from the issuance of the order, why the said pump should not be confiscated and dismantled. On the day named in the order, it shall be the duty of the said ordinary to hear the respective parties and to determine whether or not the pump has been operated contrary to the provisions of this Act; and if the said ordinary shall find that the said pump has been so operated, then he shall forthwith issue an order adjudging the pump to be forfeited and confiscated to the State of Georgia, and direct the sheriff of the county to dismantle the said pump and take same into his possession, and, after ten days' notice by posting or

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publication, as the court may direct, to sell the pump to the highest bidder for cash; the proceeds to said sale, or as much therefor as is necessary, shall be used by the sheriff, first, to pay the cost, which shall be the same as in cases of attachment, and thereupon pay over and deliver the residue, if any there be, to the person from whose possession the pump shall have been taken. On and after the passage of this Act, it shall be unlawful for any self-measuring pump, which can be secretly manipulated in such manner as to give short measure, to be installed or operated in this State. Any person, company, firm, or corporation who shall install or operate a self-measuring pump in this State which has a device or other mechanical means used for the purpose of giving short measure, shall, upon conviction thereof, be punished as provided in section 1065 of the Penal Code of Georgia of 1910, and such inaccurate self-measuring pump shall be condemned as heretofore provided in this section, and thereafter it shall be unlawful for any person to sell any kerosene, or gasoline from such pump until such pump shall have been made or altered so as to comply with the provisions of this Act, and shall have been inspected and approved for service by an inspector. After the passage of this Act it shall be unlawful for any one to break a seal applied by an inspector to a pump, without first securing consent of the Comptroller-General, which consent may be given through one of the duly authorized inspectors. Inspector's duty as to pumps. Seal on pump. Refusal to adjust pump. Condemnation of pump. Penalty for using condemned pump. Sheriff's sale of pump. Pump giving short measure penalty. Breaking seal. Sec. 16. In the performance of their duties, the Comptroller-General, or any of his duly authorized agents, shall have free access at all reasonable hours to any store, warehouse, factory, storage house, or railway depot, where oils are kept or otherwise stored, for the purpose of examination or inspection and drawing samples. If such access be refused by the owner, agent of such premises, or other persons occupying and using the same, the Comptroller-General, or his duly authorized inspectors or agents, may apply for a search warrant, which shall be obtained in the same manner as provided for obtaining search warrants

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in other cases. Their refusal to admit an inspector to any of the above-mentioned premises during reasonable hours shall be construed as prima facie evidence of a violation of this Act. Access for inspection. Refusal of access. Sec. 17. Any person, or association of persons, firm, or corporation, who shall violate any of the provisions of this Act, or any rule or regulation promulgated by the Comptroller-General for the enforcement of this Act, shall upon conviction thereof be punished as for a misdemeanor, as prescribed in section 1065, of Penal Code of Georgia of 1910. Violation of Act or of rule; penalty. Sec. 18. The State Oil Chemist, or oil inspectors provided for herein, may be removed or discharged for misfeasance or malfeasance in office, incompetency, or other good cause, by a majority vote of the Governor of the State, the Attorney-General, and Comptroller-General, after the preferment of charges in writing served on any one of said officials not less than ten days prior to the date which may be set by said Comptroller-General, Governor, and Attorney-General, or a majority of them. Charges may be preferred by any one of the three last-named officials, or any citizen of the State, and from the decision of said officials or majority of them, there shall be no appeal. Removal of chemist or inspector; charges in writing. Sec. 19. In addition to the salary and expenses of inspectors as provided in section 10 of this Act, there shall be allowed such further sums for the purchase of equipment, supplies, and clerical help, and to pay any other of the expenses incident to and necessary for the enforcement of this Act, as may hereafter be appropriated; but the total of such expenses shall not exceed the sum of $20,000.00 annually; so that including all salaries as herein provided, and for the enforcement of said Act, the total appropriation shall not exceed the sum of $51,800.00. The Comptroller-General is hereby constituted as chief Oil Inspector of this State, for the purpose of the enforcement of this Act, and his salary therefor is hereby fixed at the sum of twelve hundred dollars ($1,200.00) per annum, to be paid out of the aforesaid total sum of $51,800.00. Expense of equipment, supplies, clerical help, etc., allowance for, limits. Total appropriation. Comptroller-General made Chief Oil Inspector; Salary.

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Sec. 20. The salaries of the State Oil Chemist and of the inspectors and all of the expenses herein provided for shall be paid out of the treasury on warrants signed by the Governor, by requisition of the Comptroller-General, accompanied by itemized statements and vouchers for said salaries and expenses. The expense accounts of said oil inspectors shall be verified under oath and furnished by said Comptroller-General along with the requisitions. Salaries and expense accounts, how paid. Sec. 21. This Act shall become effective September 1, 1927. Effective Sept. 1, 1927. Sec. 22. All of the provisions of sections 1800, 1801, 1802, 1803, 1804, 1805, 1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813, 1814 of the Civil Code of 1910, providing for the inspection of oils and other petroleum products, for the appointment of oil inspectors, and providing for the payment of fees of any kind and character to said oil inspectors, or otherwise in conflict with this Act, are hereby repealed. Repeal of C. C. 1800-1814. Sec. 23. The State Oil Chemist and the six oil inspectors herein provided for shall devote their entire time to the duties of their respective offices; and each shall give bond, with some good and solvent surety company and in such sum as may be approved by the Comptroller-General, for the faithful discharge of the duties of their respective offices; the premiums on which shall be paid out of the expense fund of $20,000.00 in this Act provided for. Entire time of chemist and inspectors to be given to duties. Official bonds. Sec. 24. No inspection fees of any kind or character shall hereafter be paid for the inspection of gasoline or kerosene. No inspection fees. Sec. 25. The Comptroller-General shall be and is hereby authorized to fill any vacancies which may occur in the offices of State Oil Chemist and Oil Inspector, on account of death, resignation, or other cause. Vacancies in offices. Sec. 26. All laws and parts of laws and amendments thereto in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927.

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PHARMACY BOARD ESTABLISHED. No. 342. An Act to establish the Georgia Board of Pharmacy; to define its duties and powers; to fix the qualifications of the members of said board, and to provide for their compensation and manner of appointment; to regulate the compounding and vending of medicines, drugs, and poisons; to prescribe the penalty for a violation of the provisions of this Act; to repeal sections 1722 to 1731, both inclusive, and amendments thereto, of the Civil Code of Georgia; to provide for an annual registration fee of all licentiates of the Georgia Board of Pharmacy in the State, and to provide for its collection, and the disbursement of said 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 the following sections of the Civil Code be and the same are hereby repealed, to wit: section 1722, which provides for the creation of the Georgia State Board of Pharmacy and the qualification and appointment of its members; section 1723, which provides for the members thereof to take the oath of office and the issuing of a certitificate to them by the Secretary of State; section 1724, which provides for the said members to meet and organize and pass the necessary by-laws; section 1725, which provides for the holding of meetings by said board; section 1726, which makes it the duty of said board to grant licenses to certain persons therein named; section 1727, which provides for the payment of fees to said board by persons applying for examination for licenses, providing for the disbursement of such funds, and requiring said board to keep a record of its transactions; section 1728, which requires the registration with the ordinary of persons engaged in compounding medicines, drugs, and poisons; section 1729, which makes certain exemptions for the provisions of the foregoing sections of said Code, which section has been amended by an Act approved August 17, 1913, by allowing

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the sale by merchants of certain poisons for the killing of certain bugs, worms, and caterpillars; section 1730, which provides a penalty for a violation of the foregoing Code sections; and section 1731, which provides for all fees received for examinations for licenses and one half () collections from fines under prosecutions, under foregoing Code sections, shall be paid to said board to pay for services and expenses of said board. Repeal of C. C. 1722-1731, and amendments. Sec. 2. 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 there is hereby created and established a board to be known as the Georgia Board of Pharmacy, with the duties and powers as are hereinafter in this Act provided. Georgia Board of Pharmacy created. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said board shall consist of five (5) members, and the members of the now existing Georgia State Board of Pharmacy shall continue in office and act as members of the said Georgia Board of Pharmacy hereby created, with all the duties and powers as herein provided, until their respective terms of office expire, the vacancies as they may occur to be filled in keeping with the requirements of this Act. Members of existing board to be on new board. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that members of said Georgia Board of Pharmacy shall be commissioned by the Governor, and shall serve for a term of five (5) years, or until their successors are duly appointed and qualified. No person shall be eligible for appointment to membership on said board who is not a licentiate of the Board of Paharmacy of the State of Georgia, and who has not been actually engaged for a period of five (5) years or more in the retail drug business. If any member of said board after his appointment and qualification shall cease to be actually engaged in the retail drug business, his membership on said board shall at once become vacant; nor shall any person be eligible to appointment on said board who

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has any official connection with any school or college of pharmacy, and if any member of said board shall, after his appointment and qualification, become connected with any school or college of pharmacy, his membership on said board shall immediately become vacant. No member of the board who has served one full term shall be eligible to reappointment until there has intervened a period of one (1) full term from the date of the expiration of his membership to the date of his reappointment. Governor to Commission members. Term 5 years. Eligibility. Not to serve two successive terms. Officers of school or college of pharmacy not eligible to board. Sec. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the Georgia Pharmaceutical Association shall from its membership annually elect one member for the next occurring vacancy on said board, who shall meet the qualifications as required by this Act. When regularly submitted to him by the secretary of the said association, the Governor shall make the appointment for the vacancy occuring in said board. Annual election by pharmaceutical association, of member for next vacancy. Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that vacancies occuring other than by expiration of the term of a members shall be filled for the unexpired term only by the member receiving next highest number of votes at last annual convention of the Georgia Pharmaceutical Association. Unexpired term. Sec. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that appointee to said board shall immediately after his appointment take and subscribe to an oath or affirmation, before a qualfied officer, that he will faithfully and impartially perform the duties of the office, which oath shall be filed with the Secretary of State; whereupon the Secretary of State shall issue to said appointee a certificate of appointment. Oath of appointee. Sec. 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the members of said board shall receive as their compensation

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pensation the sum of fifteen dollars ($15.00) per day while in the actual performance of their duties as members of said board, and in addition shall receive their actual traveling expenses while in the performance of their duties on said board, such compensation to be paid out of the funds received by said board under the provisions of this Act. Pay of members. Traveling expenses. Sec. 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the said board shall, as soon as practicable after this Act becomes effective, meet and organize and from their members elect a president, a vice-president, and a secretary. Organization of board. Sec. 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the said secretary shall be paid a salary for his services, the amount of the same to be fixed by said board, and paid out of said funds. Secretary's salary. Sec. 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the said board shall meet for examination of applicants for licenses at such place or places, and at such times, as the board may decide. In no case shall the board hold more than three meetings annually. Examinations by board, time of. Sec. 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that it shall be unlawful for any proprietor, owner, or manager of any drug-store or pharmacy to allow any person in his employ except a registered pharmacist to compound or mix any drugs, medicines, or poisons for sale, except an employee under the immediate supervision of a registered pharmacist. Drugs to be compounded only by or under supervision of registered pharmacist. Sec. 13. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, immediately after the passage of this Act, applicants for registered pharmacists must be not less than twenty-one (21) years of age, and shall have at least a high school education with a minimum of sixteen (16) units as are designated

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by the Association of Accredited Schools, and not less than thirty-six (36) months experience in a drug-store or place where poisons are dispensed by a licensed vendor registered under the laws of the State of his abode, or in lieu of the foregoing a graduate of a recognized school of pharmacy; provided, this Act shall not be construed to affect a person who has had three (3) years practical experience under the direct supervision of a registered pharmacist at the time of the passage of this Act. Qualifications of applicants. Sec. 14. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that applicants for examination as registered pharmacists under this Act shall pay to said board an examination fee of fifteen dollars ($15.00). All fees shall be paid to the secretary of said board at the time of the filing of the application for examination. Any applicant failing to make the required mark is entitled to another examination without any additional charge, provided he takes the second examination within one (1) year from the first. Examination fee. Sec. 15. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the said board may in its discretion grant licenses as pharmacists to persons who furnish proof that they have been registered as such in some other state, and that they are of good moral character; provided that such other State in its examination requires the same general degree of fitness as is required by the examination in this State. License to one registered in another State. Sec. 16. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the said board, in order to determine and be informed of the status of the boards of other States desiring reciprocal registration, and in order to be advised also regarding the progress of pharmacy throughout the country, may annually elect one of their members to meet with like representatives from other State Boards of Pharmacy, the expenses of such member in attending such meeting to be paid out of the funds received by the said board under the

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provisions of this Act. The said board through its representatives may, with like representatives from other State Boards of Pharmacy, join in creating and maintaining an Association of members of the several States, to be engaged in the general advancement of pharmacy and the keeping of records of reciprocal registration. Election of representative to meeting, or association of pharmacists of other States. Sec. 17. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said board may refuse to grant a license to any person found guilty of a felony, or gross immorality, or who is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to render him or her unfit for the praec tice of pharmacy, and may after due hearing revoke a licensfor such cause, or revoke any license which has been procured by fraud. Refusal or revocation of license. Sec. 18. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that no person shall engage in the compounding or vending of medicines, drugs, or poisons within the State without full compliance with this Act, except: (1) such druggists as are exempted from the operation of the present law by the statute of the State of Georgia, and such druggists as have heretofore obtained a license and are legally authorized by existing laws to compound and vend drugs, poisons, and chemicals; (2) physicians putting up their own prescriptions and dispensing medicines from their own offices. (3) This item shall be construed in the interest of the public health, and shall not be construed to prohibit the sale by merchants of home remedies, not poison, or the sale by merchants of preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages, Paris green, arsenate of copper, arsenate of lead, or preparations containing any of these articles used for killing Lincoln-bugs, cabbage-worms, caterpillars, all and similar insects, provided the labels, cartons, and packages containing such preparations have the word Poison printed across the face, and conform to the United States Pure Food and Drug Act, and general merchants

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other than druggists shall not be required to register under the provisions of this Act. Who may compound or sell drugs, etc. Sec. 19. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that it shall be the duty of said board to examine all applicants for licenses under the provisions of this Act submitted in proper form, and to grant certificates of licenses to such persons as may be entitled to the same. It shall further be the duty of said board to cause the prosecution of all persons violating the provisions of this Act, and in all such prosecutions the burden shall be upon the defendant to show his authority. Duty of board as to examination, license, prosecution. Burden on person prosecuted. Sec. 20. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all monies paid to the secretary in fees or from other sources shall be paid by him into the Treasury of the State of Georgia and there held by the State Treasurer for the payment of the compensation and expenses by said board and secretary; the funds arising under the provisions of this Act being hereby especially allocated under the authority of the General Assembly of Georgia for this purpose. After the compensation of said board, the salary of the secretary, and expenses of said board and secretary have been paid, the board shall have the right to establish a reserve or emergency fund not in excess of $1,000.00, and all surplus over and above the above-mentioned expenses and the above-mentioned surplus shall, on the first day of January of each year, revert to the Treasury of Georgia, to be placed in the general fund of the State. Fees to go to fund in State Treasury for pay and expenses of board. Reserve or emergency fund. Reversion of surplus. Sec. 21. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the term drug-store, pharmacy, or apothecary, wherever used in this Act, shall be construed to mean a place where drugs, medicines, or poisons are dispensed, compounded, or sold at retail under the direction and direct supervision of a person who is duly licensed and registered by the Georgia Board of Pharmacy to practice in Georgia. Meaning of drug-store, pharmacy, apothecary.

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Sec. 22. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that it shall be unlawful for any person in connection with any place of business or in any manner to take, use, or exhibit the title drug-store, pharmacy, apothecary, or any combination of such titles or any title or description of like import or any synonym or other term designated to take the place of such title, unless such place of business is in fact and in truth a drug-store or pharmacy as defined in this Act. Unlawful use of title drugstore, etc. Sec. 23. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all persons now lawfully engaged in compounding and vending medicines, drugs, and poisons in this State, shall, on or before the first day of January following the passage of this Act, and every person who shall be hereafter duly licensed under the provisions of this Act shall, before engaging in any business under said license, register in the office of the Secretary of the Georgia Board of Pharmacy annually; said registration shall be entered in a book to be kept for that purpose by said secretary, his name, nationality, and credentials and date thereof under which he is entitled to engaged in such vocation at the time of filing such registration, and a certificate of such registration, stating the terms of the same, shall be given him by said secretary. Annual registration. Certificate. Sec. 24. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the said Georgia Board of Pharmacy herein provided shall have the power and authority to make rules and regulations governing the action of the board, and to make such other rules and regulations as they deem necessary to carry out the intent and provisions of this Act. Power to make rules. Sec. 25. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that should any provision of this Act be found and held to be unconstitutional, it shall not affect the validity or consitutionality of the remaining provisions of this Act. Act not invalidated by void part.

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Sec. 26. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that any violation of any provision of this Act shall be a misdemeanor, and the person so offending shall be punished as prescribed in section 1065 of the Penal Code. Violation of Act. misdemeanor. Sec. 27. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927. RAILROAD GRADE-CROSSINGS, ELIMINATION OF. No. 376. An Act to be entitled the Grade-crossing Elimination Act, to provide for the elimination of railroad gradecrossings on the public roads of the State; to define the terms used; to provide a method of procedure in the elimination of crossings at grade; to prescribe the duties of the State Highway Department of Georgia and of the authorities having control of the public roads in the various counties in the State, and of the railroads with respect to the elimination of crossings at grade; to provide a method of construction to be used; to provide for a division of the costs; to provide in certain cases for the installation of automatic signalling devices at gradecrossings; to provide for the betterment or improvement of underpasses or overpasses heretofore constructed and existing at the time of the approval of this Act; to provide for the maintenance of underpasses and overpasses; to describe underpasses and overpasses and the method for the selection of the materials for these structures; to provide for the judicial review of any order of the State Highway Department of Georgia, or of any order of any authority having jurisdiction of the public roads of the various counties of the State, entered under any provision of this bill; to provide for the securing of

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rights-of-way; to provide for the division of the costs where more than one railroad is involved; to provide for discontinuing unused grade-crossings; and for other purposes. Section 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 in the judgment of the State Highway Department of Georgia it is practicable and, in the interest of public safety, reasonably necessary, the State Highway Department may authorize and direct the elimination of grade-crossings on the State road system; and that when in the judgment of the board of commissioners of roads and revenues of any county in the State of Georgia, or of any other authority having jurisdiction over and control of the public roads of that county, it is practicable and, in the interest of public safety, reasonably necessary, such board of commissioners of roads and revenues, or such other authority having jurisdiction over and control of the public roads of the county, may authorize and direct the elimination of grade-crossings on the public roads of said county; provided, that any such elimination of a grade crossing shall be in accordance with the provisions of this Act, and that no elimination of a crossing at grade of a public county road (as distinguished from a road which constitutes a part of the State highway system) shall be eliminated under the provisions of this Act, upon direction or order of any such county authority, until and unless the State Highway Department of Georgia shall approve any such order of any such county authority, and shall concur therein. Highway Department and County Commissioners may enact elimination of grade crossings. Sec. 2. For the purposes of this Act, the following definitions shall apply: Grade crossing . A crossing at grade of a public road intersecting a track or tracks of a railroad or railroads. Meaning of grade crossing. Department . The State Hughway Department of Georgia as constituted under the laws of this State. Department.

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Boards . The boards of commissioners of roads and revenues of the several counties of the State, or any other duly constituted authority having jurisdiction over and control of the public roads in the counties, in and for the control of which such board or other authority is constituted under the laws of the State of Georgia. Meaning of boards. Railroads . All steam-railroads and interuban electric or gasoline railways of more than twenty miles in length, which are operated as common carriers, but shall not include street-railways operated in whole or in part within the corporate limits of a city or town, nor logging railroads not operated as common carriers. Railroads defined. Overpass . A bridge and approaches thereto for carrying highway traffic over a railroad. Overpass, underpass, defined. Underpass . A bridge and approaches thereto for carrying a railroad over a highway or other public road which is within the purview of this Act. This Act may be cited as the Grade-crossing Elimination Act. Title of Act. Sec. 3. Whenever the department, with reference to State roads, or a board, with reference to county public roads, shall direct the elimination of any grade-crossing by means of an underpass, overpass, or by relocation, or shall direct the guarding of a grade-crossing by an automatic signaling device, prompt notice of the order in such regard shall be given to the railroad company or companies involved; and within ten (10) days thereafter the representative of the department or board and of the railroad or railroads involved shall meet, and thereafter, within a reasonable time, adopt a layout mutually satisfactory for the construction of a grade separation structure or automatic signaling device. Any such layout so adopted by or through the representatives of a board and of a railroad shall be submitted to the department for its approval, and no work looking to the elimination of the grade-crossing pursuant to the plans so adopted shall be begun until and unless the

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department concur therein and approve the same, or unless the railroad or railroads involved may agree that its or their portion of the expense involved in the elimination of such grade-crossing shall not be charged against the maximum sum which any one railroad may be required to expend in any one calendar year under any or all of the provisions of this Act, as hereinafter provided. Failing to agree within a reasonable time, then the department or (as the case may be) a board may order the railroad or railroads involved to proceed with the construction of such grade separation structure as it may be required, and as indicated in the plans and specifications accompanying its order; provided, however, that no order of a board entered in such regard shall be binding until and unless the same be concurred in and approved by the department. It shall be the duty of said railroad or railroads to begin work on any such grade separation structure within sixty (60) days after the receipt of a binding order to that effect, and to complete the structure within a reasonable time; provided, however, that in no event shall the railroad or railroads be quired, without its consent, to do the actual physical work in providing approaches by fill to an overhead structure or the excavating beneath the supporting structure of an underpass or the approaches thereto, but the cost of such work shall be considered a part of the cost of the grade elimination, whether actually performed by the railroad or the department or board, and such cost shall be apportioned as hereinafter provided. Notice to railroad company. Adoption of layout. Order of board. Time of beginning work. Sec. 4. The department or board may, by agreement with any railroad company, apportion the work to be done in the construction of any grade separation structure, between the railroad company or companies and contractors acting under the control and supervision of the department or of the board; provided, that whenever the department or a board, or any of its or their employees or contra acting under the orders of the department or board, or of its or their contractors, shall go upon or be upon the right-of-way of the railroad company, they shall be subject to

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any reasonable rules and regulations of such railroad made for the protection of its traffic, employees, and passengers. Agreement to apportion work between railroad company and board. Sec. 5. When either an overpass or an underpass is constructed under the provisions of this Act, the same shall be so designed and constructed as to be sufficient to accommodate at least one railroad-track in addition to those existing at the time of said construction, unless this requirement is waived by the railroad. Space for additional track. Sec. 6. The division of the costs of elimination of grade-crossings by means of grade separation structures shall be as follows: Division of cost. (a) The total cost of surveys and of the preparation of the plans and specifications, and of the estimates of the cost thereof, shall be paid, one half by the department or county board, and one half by the railroad or railroads involved. Surveys, etc. (b) The total cost of a grade-crossing elimination by the use of an overpass or underpass, including the establishment of drainage, shall be paid, one half by the department or (as the case may be) the board, and one half by the railroad or railroads involved; provided, that the construction expense in which the railroad or railroads involved may be required to participate shall be confined to the grade-separation structure and the approaches thereto not exceeding three hundred (300) feet on each side from the center line of the track or tracks as measured along the center of the highways. The approaches shall not be regarded as extending farther than from grade point to grade point, and the railroad shall not be charged with any cost of paving, except on the flooring of an overpass. Equal division of total cost. Approaches. (c) In no plan providing either for an overpass or underpass shall the department or board interfere with or change the grade or alignment of the tracks of any railroad, or relocate the line of the railroad, without its consent. Nothing herein, however, shall prevent the department or county board and the railroad or railroads involved

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from mutually agreeing to the change of the grade or alignment of any track or tracks, or the relocation of the same, and in case of such an agreement the expense of making such change shall be borne equally by the department or board and the railroad or railroads involved; provided, that such change in the railroad-tracks has been made at the written request of the department or county board. Consent required for change of track. Sec. 7. Whenever in the judgment of the department the installation of an automatic signaling device may be reasonably required at a grade-crossing of a State road, and whenever in the judgment of a board the installation of an automatic signaling device may be reasonably required at a grade-crossing of a county road, the department or (as the case be) a board may require, by written order, the railroad or railroads involved to provide such automatic signaling device as may be appropriate. In any such case the expense of acquiring and installing such device shall be divided equally between the department or county board and the railroad or railroads involved, but the railroad or railroads involved shall at its or their own expense maintain the same. Automatic signalling device, required when. Division of cost. Sec. 8. Whenever in the judgment of the department exercised in respect of a State road, or in the judgment of a county board exercised in respect of a county public road, an existing underpass or overpass, constructed prior to the approval of this Act, is unsafe or inadequate to serve the traffic for which it was constructed, then the department, when State roads be involved, or the board, when county public roads be involved, may proceed to bring about the improvement or betterment of the existing structure. And in any such event the procedure and division of the cost of construction and the cost of the maintenance of such improvement or betterment, shall be as herein set forth in sections 3, 4, 5, 6, and 9 of this Act. Underpass or overpass unsafe or inadequate; improvement. Sec. 9. After the construction of an overpass or underpass, it shall be the duty of the department in the case of State roads, and of the county board in the case of county

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public roads, to maintain at its or their own expense the drainage, surface, and pavement of the highway and bridge, as well as the approaches and guard-rails, if any; except that when an overpass is constructed with a floor of wood, then the railroad or railroads shall maintain such floor. It shall be the duty of the railroad or railroads to maintain at its expense the foundations, piers, abutments, and superstructures of all underpasses and overpasses located within the limits of its right-of-way. Maintenance of overpass, etc. Sec. 10. The railroad company or companies involved shall have the right to select the material to be used in the construction of the grade-separation structure, provided that such material shall not be less durable than creosoted timber of a quality at least equal to that required by the standard specifications of the department for its own bridge work. Neither the department nor any county board shall require any railroad company to construct an underpass of a design, specification, or plan, the strength of which, in the judgment of the railroad company, shall not be sufficient to meet the requirements of its traffic thereover. In no event shall any railroad company be required to participate in the cost of the construction of any overhead bridge upon a basis or proportion in excess of the cost of a bridge that would be suitable to carry ordinary highway traffic according to the standards of the department, which standards are now for a strength sufficient to support a fifteen-ton roller. Selection of material. Construction of underpass or bridge. Sec. 11. Any judgment, decision, or order of the department, or of any county board, whether entered upon any question involving the practicability, advisability, or necessity of eliminating any crossing at grade or involving the apportionment of cost of construction, or any other question arising under this Act, shall be subject to judicial review. Pending the final determination of any proceeding at law or in equity so instituted, the department or any county board may, without prejudice to either party, and at its own risk, proceed with the work of eliminating the crossing at grade involved in such litigation, subject

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to final judgment of the court as to all questions involved in such litigation. Judicial review of order, etc., of department or board. Work pending review. Sec. 12. Nothing in this Act shall be construed to prevent such department or county board from reaching special agreements with railroad companies providing for grade-crossing elimination by means of relocation of either the railroad or highway involved, or by other means and arranging for joint participation in the cost of such elimination on an agreed basis. Special agreements as to relocation, etc. Sec. 13. In all cases where grade-separation structures are built hereunder, the railroad shall permit the use, free of cost, of so much of its right-of-way as may be necessary. Use of right of way. Sec. 14. Where more than one railroad is involved in the separation of crossings at grade, that portion of the cost of construction and maintenance which this Act provides shall be paid by the railroad or railroads shall be apportioned between such railroads by agreement; and in case they can not agree, the same shall be fixed by the department or (as the case may be) by the county board, after a hearing, subject to a judicial review as provided in section 11 of this Act. Cost where different railroads involved. Sec. 15. All existing grade-crossings replaced by grade-separation structures, or avoided by relocation of highways and no longer used by the general public, shall, where possible, be closed, and where continued shall be private crossings and not subject to the provisions of the statutes of Georgia relating to railroad-crossings. Crossings closed; status of crossings in case of relocation. Sec. 16. No railroad shall be required to expend in any one calendar year, under any or all of the provisions of this Act, a sum in excess of $40,000.00; provided that no railroad whose gross earnings from both inter and intrastate business in the State of Georgia, as reported to the Public Service Commission of Georgia for the preceding calendar year, did not exceed $2,000,000.00 shall be required without its consent to expend in any one calendar year, under the provisions of this Act, a sum in excess of $3,000.00.

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In any case where the proportionate part to be paid by a railroad for the elimination of a crossing at grade, when added to amounts theretofore expended and/or for which obligations have been incurred, would exceed the amount which a railroad may be required to expend under the provisions of this section, the department may pay the excess over and above the aggregate of payments legally permissible for requirement of the railroad, and thereafter collect the same with legal interest during succeeding calendar year or years; but nothing herein contained shall be construed as requiring any railroad company to expend in grade-elimination costs and protection in any one calendar year more than the applicable amount as hereinbefore specified. Limit of annual expenditure of railroad. Sec. 17. All laws and parts of laws in conflict with this Act or any section of this Act are hereby repealed. Approved August 23, 1927. REAL-ESTATE BROKERS; AMENDING ACT. No. 355. An Act to amend an Act of the General Assembly of the State of Georgia, approved August 14, 1925, entitled An Act to define, regulate, and license real-estate brokers and real-estate salesmen in counties having a population of 44,195 or more, according to the United State 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; 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 fix the compensation of commissioners and assistants, etc.; to prescribe grounds for issuing, revoking, and renewing licenses, and authorizing a hearing by the commissioner for such purposes; to authorize

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the commission to summon 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; by adding new sections to said Act, beginning with section to be known as section 21, said new sections amending said original Act as follows: By changing the amount of the annual license fee for salesmen; by further defining who shall constitute real-estate brokers and real-estate salesmen subject to said Act; prohibiting the enforcement of any claim for fees or any other compensation by brokers or salesmen who have not complied with said Act; providing for the prorating of license fees; giving said commission power to make all further rules and regulations it may deem necessary; by providing a penalty for violation of this Act as amended; and for other purposes. Sec. 20. 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 Act of the General Assembly of Georgia, approved August 14, 1925, defining, regulating, and licensing real-estate brokers and real-estate salesmen in counties having a population of 44,195 or more, be and the same is hereby amended by adding there-to this and the following sections, to be known as section 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30, of said original Act. Ga. L. 1925, p. 325: amendments. Sections added. Sec. 21. Be it further enacted by authority aforesaid, that the term real-estate broker, in addition to the persons set forth in section 2 of the original Act, shall include the following: Any person, firm, or corporation advertising, through signs, newspapers or otherwise, as operating or conducting a real-estate office or real-estate business. Provided, however, this provision shal not be construed to include the sale or subdivision into lots by the bona fide fee-simple holder of any tract or parcel of land. Sec. 21. Meaning of real-estate broker. Fee-simple holder not included.

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Sec. 22. Be it further enacted by the authority aforesaid, that the term real-estate salesman, in addition to the persons set forth in section 2 of the original Act, shall include any person, other than bookkeepers and stenographers, employed by any real-estate broker, as the term real-estate broker is defined by said original Act or by section 21 of this amendment. Meaning of real-estate salesman. Sec. 23. Be it further enacted by the authority aforesaid, that paragraph two (2) of section ten (10) of said original Act is hereby repealed, and in lieu thereof the following paragraph is enacted: For a salesman's license, the annual fee shall be five ($5.00) dollars. All applications for license shall be accompanied by the license fee herein provided. All licenses shall expire upon the 31st day of December of each year. Substitute for Par. 2 of Sec. 10. Ga. L. 1925, p. 332. License fee of salesman. Sec. 24. Be it further enacted by the authority aforesaid, that the fees required of brokers and salesmen under this Act shall be the full annual fee for all licenses applied for by or before June 30th of any calendar year; and one-half the annual fee for all licenses applied for between July 1st and December 31st of any calendar year. Provided, this section shall not be construed to prevent municipalities from assessing license fees. Period covered by license fee. Sec. 25. Be it further enacted by the authority aforesaid, that this amendment is to be construed as cumulative of said original Act, and does not repeal any of the provisions of said original Act, except as herein specifically stated. Amendment cumulative. Sec. 26. Be it further enacted by the authority aforesaid, that section 18 of said original Act shall be applicable to this amendment, and all persons who constitute real-estate brokers or real-estate salesmen, as defined by this amendment, and who fail to obtain the license required, and all persons who violate any other provisions of this amendment, shall be guilty of a misdemeanor, and shall be punished as provided in said section 18. Penalty.

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Sec. 27. Be it further enacted, that all laws or parts of laws in conflict herewith are hereby repealed. Approved August 23, 1927. REGULATION OF FISHING IN CERTAIN COUNTIES. No. 206. An Act to prohibit fishing in counties having a population of not more than 22,602 or less than 22,602; providing penalties for violation thereof; and for other purposes: Sec. 1. Be it enacted by the General Assembly of the State of georgia, and it is hereby enacted by the authority of the same, that on and after the passage of this Act it shall be unlawful to fish in any of the fresh-water streams, lakes, or other fresh waters of the State of Georgia, from the fifteenth day of April to the thirteenth day of June, inclusive, of the year 1928, 1929, and 1930; provided, however, that nothing in this Act shall apply to any county in this State having a population of more than 22,602 or less than 22,602, according to the official United States Census of 1920; and provided further, that nothing in this Act shall prohibit fishing in private ponds or lakes. Closed season for fresh-water fishing except in county of 22,602 population. Exception of private ponds, etc. Sec. 2. Be it further enacted, that any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 1065 of the Penal Code of 1910. 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 15, 1927.

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REVENUE AND EXPENSES, PAYMENT OF. No. 271. An Act to require all revenue of the State of Georgia, from whatever source derived and collected, except as otherwise herein provided, to be paid into the State Treasury, and all expenses of Government and of every branch and department of the government to be paid out by warrant of the Governor drawn on appropriations duly made by the General Assembly; to provide a penalty for the violation hereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: It shall be the duty of every department, commission, bureau, and other branch or agency of the government of this State, and of every official head of every department, commission, bureau, and other branch or agency of the government of this State created by special Act, the support and maintenance of which has been provided by special Act and not by direct appropriations of the General Assembly, to collect and forthwith to pay into the State treasury all moneys, fees, commissions, penalties, or other charges which they are authorized by law to collect for the support and maintenance of such department, commission, bureau, or other branch or agency of the State Government. Money collected by departments, etc. for maintenance, to be paid into State treasury. Sec. 2. The costs and expenses of the maintenance and support of every department, commission, bureau, and other branch or agency of the State government shall be paid out of funds in the State treasury by warrant of the Governor drawn on appropriations duly made by the General Assembly. Expenses of maintenance to be paid from treasury. Sec. 3. The provisions of this Act shall not apply to boards and fees collected by the educational institutions of this State; and such funds as may be derived from sale

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of farm products, nor funds collected from sale of farm produce equipment or other material derived from the expenditure of Federal research funds, nor to funds received by the Health Department for sale of medical supplies, nor fees received by health institutions, nor to gifts, donations and internal income received by said educational institutions; nor shall the provisions of this Act apply to the Court of Appeals or Supreme Court. Exceptions. Sec. 4. Wherever by Act of Congress conditions have been or may be prescribed for matching Federal aid by State funds, and such conditions are in conflict with the provisions of this Act, then the department or bureau or agency of this State having to do with such Federal aid and collecting funds with which to match such Federal aid may and it is hereby authorized to withhold from depositing in the Treasury an amount sufficient for matching such Federal aid; but all other funds belonging to the State collected by such department, bureau, or agency of the State shall be paid into the State Treasury, as hereinbefore provided. Exception of funds collected to match Federal aid funds. Sec. 5. It shall be and it is hereby made the duty os each and every official head described in section 1 of thi Act to pay over and to deposit in the State Treasury, on or before January 1, 1928, all sums remaining in their hands, collected before said date, and remaining undisbursed under existing laws. Time of payment to treasury. Sec. 6. Nothing in this Act shall be construed to affect the appropriation or allocation of the motor-vehicle fees and liceness and pro rata of gasoline taxes to the State Highway Department; nor shall it be construed to affect the appropriation or allocation of the pro rata of gasoline taxes to the counties of this State; nor shall it be construed to affect the appropriation or allocation of the proceeds of the cigar and cigarette taxes to the payment of pensions. Nor shall this Act be construed to affect either the appropriation and allocation of the proceeds of the tax on lumber dealers or dealers in other forest products

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to the State forestry fund, or the allocation of the proceeds of fees and penalties to State game and fish protection fund; and provided further, that as to those departments, branches, agencies, commissions, and bureaus of State government who under the law can only assess a sufficient amount of fees, licenses, penalties, etc., to support such department, commission, board, bureau, agency, or branch of government, all assessments levied for such support shall be the maintenance appropriation of such department, board, bureau, agency, or branch for each year. None of the provisions of this section shall be construed to exempt or except any of the funds, taxes, monies, fees, commissions, penalties, or other charges received, collected, or paid into any of the agencies named in this section from the requirement of section 1 of this Act that they shall all be paid into the State Treasury. Appropriation or allocation of certain funds not affected. Funds named in this section to be paid to treasury. Sec. 7. Should the official head of any department, commission, bureau, or other branch or agency of the State government violate any of the provisions hereof, he or she shall, upon conviction, be deemed guilty of a misdeameanor and punished as provided therefor, and in addition thereto shall be thereafter ineligible to hold such office. Penalty for violation of Act. Sec. 8. The provisions of this Act shall become and be effective on and after the first day of January, 1928. Effective Jan. 1, 1928. Sec. 9. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 18, 1927. SAVANNAH RIVER LAWS REPEALED. No. 356. An Act to repeal the following Acts of the General Assembly of the State of Georgia, and to repeal any and all laws assuming the Savannah River north of Augusta, to be navigable, and to provide for fish Ways in dams across the Savannah River.

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An Act approved December 1, 1802, Clayton's Compilation, page 80, entitled An Act for the more effectually keeping open the River Savannah. An Act approved December 15, 1809, entitled An Act to keep open, remove, and prevent obstructions in Savannah River, calculated to impede the free passage of fish and navigation of said river by boats, so far as respects the counties of Richmond, Columbia, Lincoln, Elbert, and Franklin, as far as the mouth of Tugalo and Keowee Rivers. Clayton's Compilation, page 564. Lawsassuming Savannah river above Augusta to be navigable, repealed. An Act approved December 8, 1810, Clayton's Digest, page 604, entitled An Act to keep open Savannah and Tugalo Rivers, and to prevent obstructions in the same, calculated to impede the free passage of boats and fish, so far as respects the County of Franklin. An Act approved December 10, 1812, entitled An Act to keep open, remove, and prevent obstructions in the Savannah River, calculated to impede the free passage of fish, and for other purposes. Lamar's Digest, Georgia Laws, page 506. An Act approved December 18, 1816, entitled An Act to amend an Act passed the 10th day of December, 1812, entitled An Act to keep open, remove, and prevent obstructions in the Savannah River, calculated to impede the free passage of fish, and for other purposes. Lamar's Digest, page 506, and Prince's Digest, 2nd edition, 696. An Act approved December 22, 1829, Dawson's Digest, page 360, and Prince's Digest, 2nd edition, 697, entitled An Act to lay off, define, and keep open the main channel of the Savannah River from Augusta to the mouth of Lightwood Log Creek in Elbert county, so as to prevent the obstruction of navigation and the free passage of fish therein, and to punish those who may obstruct the same. An Act approved December 22, 1830, Prince's Digest, second edition, 699, entitled an Act to lay off, define, and keep open the main channel of the Savannah River from Augusta

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to the mouth of Lightwood Log Creek in Elbert county, so as to prevent the obstruction of navigation and the free passage of fish therein, and to punish those who may obstruct the same. Repealed laws. An Act approved February 23, 1850, entitled An Act to appoint certain commissioners for Savannah River. Georgia Laws, 1850, page 355. An Act approved February 14, 1854, Georgia laws, 1853, 1854, page 467, entitled An Act to amend an Act to appoint certain commissioners for Savannah River, approved February 23, 1850. Section 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 State of Georgia, to wit: An Act approved December 1, 1802, Clayton's Compilation, page 80, entitled An Act for the more effectually keeping open the River Savannah. An Act approved December 15, 1809, entitled An Act to keep open, remove, and prevent obstructions in Savannah River, calculated to impede the free passage of fish and navigation of said river by boats, so far as respects the counties of Richmond, Columbia, Lincoln, Elbert, and Franklin, as far as the mouth of Tugalo and Keowee Rivers. Clayton's Compilation, page 564. An Act approved December 8, 1810, Clayton's Digest, page 604, entitled An Act to keep open Savannah and Tugalo Rivers, and to prevent obstruction in the same, calculated to impede the free passage of boats and fish, so far as respects the County of Franklin. An Act approved December 10, 1812, entitled An Act to keep open, remove, and prevent obstructions in the Savannah river, calculated to impede the free passage of fish and for other purposes, Lamar's Digest, Georgia Laws, page 506.

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An Act approved December 18, 1816, entitled An Act to amend an Act passed the 10th day of December, 1812, entitled An Act to keep open, remove, and prevent obstructions in the Savannah River, calculated to impede the free passage of fish, and for other purposes. Lamar's Digest, page 506, and Prince's Digest, 2nd edition, 696. Repealed laws. An Act approved December 22, 1829, Dawson's Digest, page 360, and Prince's Digest, 2nd edition, 697, entitled An Act to lay off, define, and keep open the main channel of the Savannah River from Augusta to the mouth of Lightwood Log creek in Elbert County, so as to prevent the obstruction of navigation and the free passage of fish therein, and to punish those who may obstruct the same. An Act approved December 22, 1830, Prince's Digest, second edition, 699, entitled An Act to lay off, define, and keep open the main channel of the Savannah River from Augusta to the mouth of Lightwood Log Creek in Elbert County, so as to prevent the obstruction of navigation and the free passage of fish therein, and to punish those who may obstruct the same. An Act approved February 23, 1850, entitled An Act to appoint certain commissioners for Savannah River. Georgia Laws, 1850, page 355. An Act approved February 14, 1854, Georgia Laws, 1853, 1854, page 467, entitled An Act to amend an Act to appoint certain commissioners for Savannah River, approved February 23, 1850. All having reference to the navigability of and the maintenance of navigation on the Savannah river, north of Augusta, be and the same are hereby repealed. Sec. 2. Be it further enacted by authority aforesaid, that any and all laws enacted in the State of Georgia, assuming the Savannah River, north of Augusta, to be navigable, be and the same are hereby repealed. That any dam built across the Savannah River shall have constructed

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in it a fish-gate, said gate to be approved by the commissioner of game and fish of the State of Georgia. Dams to have fish-gates, approved by Commissioner of Game and Fish. 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 23, 1927. SENTENCES IN CERTAIN CITY COURTS. No. 5. An Act to provide that juries in their verdicts upon the trial of all cases upon the criminal side of the Court, involving misdemeanors, in constitutional city courts having jurisdiction over counties whose population under the 1920 census of the United States was not less than sixty thousand inhabitants and not more than seventy thousand inhabitants, and over counties whose population under any future census of the United States shall be not less than sixty thousand inhabitants and not in excess of seventy thousand inhabitants, shall in their verdicts prescribe the sentence or punishment to be inflicted upon the defendants, in which verdict may be imposed an alternative sentence or a sentence imposing a fine, term in jail, and a term upon the chain-gang, all within the limits prescribed for misdemeanors, either, any, or all of said punishments, and the judge in imposing the sentence shall follow that fixed by the jury in its verdict; provided, that in cases of pleas of guilty, then the judge shall have the right to prescribe the punishment within the limits fixed by law for misdemeanors; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that on and after the passage of this Act, juries in their verdicts upon the trial of all cases upon the criminal side of the court, involving misdemeanors, in constitutional

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city courts having jurisdiction over counties whose population under the 1920 census of the United States was not less than sixty thousand inhabitants and not more than seventy thousand inhabitants, and over counties whose population under any future census of the United States shall be not less than sixty thousand inhabitants and not in excess of seventy thousand inhabitants, shall in their verdicts prescribe the sentence or punishment to be inflicted upon the defendant, in which verdict may be imposed an alternative sentence or a sentence imposing a fine, a term in jail, and a term upon the chain-gang, all within the limits prescribed by law for misdemeanors, either, any, or all of said punishments; and the judge in imposing the sentence upon the defendant shall follow that fixed by the jury in its verdict. Punishment to be fixed by city-court jury in county of 60,000 to 70,000 population. Sec. 2. Be it further enacted by the authority aforesaid, that in all such courts in cases wherein pleas of guilty shall be entered, then the judge shall have the right to prescribe the punishment within the limits fixed by law for misdemeanors. Punishment on plea of guilty, fixed by judge. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved July 12, 1927. SEWERS AND DISPOSAL PLANTS IN CERTAIN COUNTIES. No. 90. An Act to amend an Act providing that in counties having a population of 200,000 or more, according to the last United States census, the recording of plats and the subdividing of lands shall be regulated by either the Mayor and general council of cities or the commissioners of roads and revenues, and also prohibiting the subdivision of land in more than five lots without an accurate

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map of such subdivision shall have been recorded therefor, and providing a forfeit for each lot so sold of one hundred dollars in an action to be begun by the solicitor-general named, for the use of the county, and for other purposes, approved August 15th, 1921, by adding to section 1 the following language: The foregoing provisions shall likewise apply when any person in said territory desires to construct sewers or disposal plants or similar construction for the disposal of sewerage. In such event the provisions of this section apply, so that the plans for the construction of said sewerage and disposal plants must be approved in the same manner as is provided for the approval of plats, and the penalty provided in section 2 of this Act shall apply to all improvements and any subdivisions wherein sewers or disposal plants as herein provided are constructed; the same penalty concerning same shall apply for failure to have the plans for the same approved before being installed as applies to selling land as herein provided with reference to recording plats. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, that section 1 of an Act to provide that in counties having a population of 200,000 or more according to the last United States census, plats or subdivision of land may be regulated by the mayor and general council or commissioners of roads and revenues, being an Act found in Georgia Laws 1921, page 219, be amended by adding to section 1 thereof the following: The foregoing provisions shall likewise apply when any person in said territory desires to construct sewers or disposal plants or similar construction for the disposal of sewerage. In such event the provisions of this section apply, so that the plans for the construction of said sewerage and disposal plants must be approved in the same manner as provided for the approval of plats, and the penalty provided in section 2 of this Act shall apply to all improvements and any subdivisions wherein sewers or disposal plants as herein provided are constructed;

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the same penalty concerning same shall apply for failure to have the plans for same approved before being installed as applies to selling land as herein provided with reference to recording plats, so that said section so amended will read as follows: Ga. L. 1921, p. 219; sec. 1 amended. Approval of plans for sewers or disposal plants in counties of 200,000 population. Section 1. In any county having a population of 200,000 or more inhabitants by the last United States census, it shall be unlawful to record or receive for record in the office of the clerk of the Superior Court any map or plat for the laying out of any street or highway, unless it bears the endorsement thereon of the commissioners of roads and revenue; provided, that if the land be platted is located within a city having a city planning commission established by charter, or outside of such city within six (6) miles of the limits thereof, such endorsement shall be by the mayor and general council of such city. Before approving a plan or plat of such subdivision of land, the commissioners or roads and revenues or the mayor and general council shall consider the location, widths, and grades of the proposed streets or highway within or adjacent to such subdivision. Each such subdivision of land shall have adequate means of access to the lots therein from public streets or highways, and shall be so laid out as to provide for the continuation of existing streets and highways and for proposed highway widenings deemed necessary in the public interest by such commisioners of roads and revenues or such mayor and General Council, and shall be so laid out as to permit of an appropriate subdivision of adjoining properties; provided, that such commissioners or such mayor and General council may waive or modify any of the above conditions or requirements wherever, owing to the peculiar shape or location of the land, such condition or requirement cannot, in the judgment of such commissioners or of such mayor and general council, reasonably be demanded with due regard to the appropriate development of the land to be subdivided. Any such map must first be submitted to the city planning commission for consideration and report

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to the mayor and general council, provided the property thus platted is located within such city or within six miles of the limits thereof. The foregoing provisions shall likewise apply when any person in said territory desires to construct sewers or disposal plants or similar construction for the disposal of sewerage. In such event the provisions of this section apply, so that the plans for the construction of said sewerage and disposal plants must be approved in the same manner as is provided for the approval of plats, and the penalty provided in section 2 of this Act shall apply to all improvements and any subdivisions wherein sewers or disposal plants as herein provided or constructed; the same penalty concerning same shall apply for failure to have the plans for the same approved before being installed as applies to selling land as herein provided with reference to recording plats. To read. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1927. STREET IMPROVEMENTS IN CERTAIN MUNICIPALITIES. No. 388. An Act to provide a system under which certain classes of municipalities may grade, pave, and otherwise improve their streets and alleys and other public places at the cost of the property thereby benefited, apportion and assess the expense thereof to railways occupying such streets and real estate abutting thereon, including public property, fix liens for such expense on the properties so improved, and enforce the payments of such assessments, institute actions at law for determining questions of validity and legal liability arising from such action or from similar action heretofore taken under local laws, and issue and sell bonds for meeting the cost in whole or in part, which bonds, unless

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authority is hereafter granted and exercised for making the same a direct obligation of the municipality, are not to be an indebtedness of the municipality but payable by it out of the proceeds of such assessments; 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: Definitions: Section 1. In this Act the term municipality means any city or town in the State of Georgia now or hereafter incorporated, having a population of six hundred or more. Municipality, 600 or more people. Governing body includes mayor and council, board of aldermen, board of commissioners, or other chief legislative body of a municipality. Governing body. The words improve and improvement include the grading, regrading, paving, repaving, macadamizing, and remacadamizing of streets, alleys, sidewalks, or other public places or ways, and the construction, reconstruction, and altering of curbing, gutting, storm-sewers, turnouts, water-mains, and water, gas, or sewer conncetions therein. Improve, Improvement. The word streets includes streets, avenues, alleys, sidewalks, and other public places or ways. Streets. The word pave shall include storm drainings, paving, macadamizing, and grading. Pave. Frontage means that side or limit of the lot or parcel of land in question which abuts on the improvement. Frontage. Sec. 2. That the governing body of any municipality in the State of Georgia is hereby authorized and empowered to hold an election (or elections), at such time and under such conditions as may be determined by said governing body, for the purpose of adopting the provisions of this Act; and when such election has been duly held and a majority of the qualified electors voting therein shall have voted in favor of such adoption, and the election

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managers shall have duly certified the results of such election to the governing body, and the same shall have been adopted and entered on the minutes thereof, then the aforesaid governing body of such municipality shall be and is hereby authorized and empowered to improve any streets or streets in such municipality whenever in the judgment of its governing body the public welfare or convenience may require such improvement, subject only to the conditions and limitations herein prescribed. Referendum as to adoption of this Act. Sec. 3. Whenever the said governing body shall deem it necessary to improve any street or any part thereof either in length or width, within the limits of said municipality, and said governing body shall by resolution declare such improvement necessary to be done, and publish such resolution once a week for at least three consecutive weeks in the newspaper in which the sheriff's advertisements of the county in which such municipality is located are published, and if the owners of a majority of the lineal feet of frontage of the lands abutting on said improvement shall not in fifteen days after the last day of publication of such resolution file with the clerk of said city their protest in writing against such improvement, then said governing body shall have power to cause said improvement to be made, and to contract therefor, and to make assessments and fix liens as provided for herein. Any number of streets or any part 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 separately; provided, however, that if the owners of a majority of the lineal feet of frontage of the land liable to assessment for such improvement shall petition the governing body for such improvement, citing this Act and designating by general description the improvement to be undertaken and the street or streets or part thereof to be improved, it shall thereupon be the duty of said governing body to proceed, as hereinafter provided, to cause said improvements to be made in accordance with the prayers of said petition and their own best judgment, and in such

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cases the resolution hereinbefore mentioned shall not be required. The petition shall be lodged with the clerk of the municipality, who shall investigate the sufficiency thereof, submit the petition to the governing body, and certify the result of his investigation. Resolution declaring improvement necessary: publication. Protest in 15 days. Contract assessment. etc. Petition for improvement. Sec. 4. That each lot or parcel of land abutting upon said improvement shall be charged on a basis of lineal-foot frontage at an equal rate per foot of such frontage with its just pro rata of the entire cost of said improvement, less any amounts paid by street or steam railways or others; provided, however, that the cost of the side-walks, curbs, and gutters shall be charged entirely to the lots or parcels of land abutting on that side of the street upon which the same are constructed. The frontage of ntersecting streets shall be assessed as real estate abutting upon the improvement, and the municipality, for all purposes of this Act, shall be deemed to the owner thereof, and the mayor or chairman of the board of commissioners shall have authority to sign the petition or file objections provided for herein; and the governing body of the municipality shall pay from the city treasury, as other current bills are paid, its just pro rata of the entire cost of said improvement, unless the owners of a majority of the aforesaid frontage in the petition hereinbefore provided for shall agree to pay the entire cost of said improvement, or unless in the resolution hereinbefore provided for it shall be stated that the entire cost of the improvement is to be paid by the abutting-property owners. Assessment on basis of frontage. Intersecting streets. Sec. 5. That any railroad or street railway having tracks located in a street at the time of the proposed improvement as provided herein shall be required by the governing body to pave the width of its tracks and two feet on each side thereof, and, except as hereinafter provided, with the same material and in the same manner as the rest of the street is to be paved, and such work shall be performed under the supervision and subject to the approval of the city's engineer, and if such railway shall not, within a period of thirty days after receipt by such

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railway of the notice to do such work, agree in writing to comply with such order, or if the work is not completed to the satisfaction of the city's engineer within such time as may be described by the governing body, said governing body may have such work done and charge the cost and expense thereof to such railway company located in the municipality and said lien shall have the same rank and priority and shall be enforced in the same manner as the liens provided for in section 9. The governing body may, however, require such paving to be of a different material and manner of construction, when, in its judgment such is rendered necessary by the railway uses of the street. Railroads. Sec. 6. That whenever the petition provided for in section three of this Act is presented, or when the said governing body shall have determined to improve any street, and shall have passed the resolution provided for in said section three of this Act, the said governing body 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 the property abutting on the improvement and of any railway in said street 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 where such improvement is to be made, and all cost and expense of making such connections shall be taxed solely against such property, but shall be included and made a part of the general assessment to cover the cost of such improvement. Power as to ordinances. Pipe connections. Sec. 7. That after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest is filed, or on receipt of a petition for such improvement signed by the owners of a majority of the frontage of the land to be assessed, if such petition be found to be in proper form and properly executed, the governing body shall adopt a resolution reciting that no protest has been filed, or the filing of such petition, as the

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case may be, and expressing the determination of said governing body to proceed with the said improvement, stating the kind of improvement and defining the extent and character of the same, and other such matters as may be necessary to instruct the engineer employed by said municipality in the performance of his duties in preparing for such improvement the necessary plans, plats, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said governing body shall deem proper to mpose with reference to the letting of the contract and the provisions thereof; and said governing body shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond as provided in the Act entitled Contractors of Public Work Bonded, approved August 19, 1916, 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 governing body. Said resolution shall also direct the clerk of said municipality to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals shall be published in at least six consecutive issues of a daily paper, or at least two of a weekly paper, having a general circulation in said municipality, and shall state the street or streets 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 governing body. At the time and place specified in such notice the governing body 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 said governing body as prescribed in such resolutions and notice

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for proposals, and the said governing body shall have the right to reject any and all bids and readvertise for other bids when the bids submitted are not, in its judgment, satisfactory. Resolution as to kind and extent of improvement. etc. Contract. Bond of contractor. Advertisement for bids. Award of contract. Sec. 8. That after the said contract is let and the cost for such improvement, which shall include all other expenses incurred by the city incident to said improvement in addition to the contract price for the work and materials, is ascertained, the said governing body shall by resolution appoint a board of appraisers consisting of three members to appraise and apportion the cost and expense of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within thirty days from the date of the resolution [Illegible Text] said board, it shall file with the clerk of the municipality a written report of the appraisal and the assessment and cost upon the several lots and tracts of land abutting on said street, or upon the property of any street or steam railway whose tracks are located in such street where such railway has failed or refused to do the paving provided herein when and as required by the governing body. When said report shall have been returned and filed, the said governing body shall appoint a [Illegible Text] for the holding of a session, or shall designate a regular meeting of their body for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment, and assessment by any person interested, and notice of such session for the said hearing shall be published by the clerk of the governing body once a week for two weeks in a newspaper having a general circulation in said municipality, 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 date of the last publication. The said governing body at said session shall have power, and it shall be its duty, to review and correct said appraisement, apportionment, and assessment, and to hear objections

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to the same, and to confirm the same either as made by said board or as corrected by said governing body. The said governing body shall by ordinance fix the 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 per annum over and above the rate of interest stipulated in the bonds herein provided for. Assessment in conformity to said appraisement and apportionment as confirmed by said municipality shall be payable to the treasurer of such municipality in cash, and, if paid within thirty days from the date of the passage of said ordinance, without interest; provided however, that in the event the owner of the land or of any street railway so assessed shall, within thirty days from the passage of the ordinance making the assessment final, file with the clerk of the said municipality his or its written request asking that the assessments be payable in installments in accordance with the provisions hereof, the same shall thereupon be and become payable in ten equal annual installments and [Illegible Text] bear interest at the rate of not exceeding seven per cent. per annum until paid, and each instlllment together with the interest on the entire amount remaining unpaid shall be payable each year at such time and place as shall be provided by resolution of the governing body. Appraisers to apportion cost to abutting land. Report of appraisers. Hearing of objections. Fixing assessment. Option to pay in installments; time limit. Sec. 9. That such special assessment and each installment thereof, and the interest thereon and the expense of collection, 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, and shall be enforced in the same manner as are liens for city taxes. Lien of assessment: date of lien.

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Sec. 10. That the said governing body, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date not more than thirty days after the passage of the ordinance fixing the said assessment and of such denomination as the said governing body shall determine, which bond or bonds, unless authority is hereafter granted and exercised for making the same a direct obligation of the municipality, shall in no event become a liability of the municipality, or of the governing body of the municipality issuing same. One tenth in amount of any such series of bonds with interest upon the whole series to date, shall be payable on such day and at such place as may be determined by the governing body, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day 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, 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, unless authority is hereafter granted and exercised for making the same a direct obligation of the municipality, that they are payable solely from assessments which have been fixed upon the lots or tracts of land benefited by said improvement under authority of this Act. Said bonds shall be signed by the mayor or chairman of the board of commissioners, and attested by the clerk of the governing body, and shall have the impression of the corporate seal of such municipality 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 governing body. Said bonds shall be sold by said governing body at not less than par, and the proceeds thereof applied to the payment

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of the contract price and other expenses incurred pursuant to the provisions of this Act, 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 governing body shall direct. Any proceeds from the sale of said bonds remaining in the hands of the treasurer after the payment hereinbefore provided for shall go into the treasury of the municipality as compensation for the services to be rendered by it as contemplated herein. Street-improvement bonds. Interest. Bonds payable from assessments. Sale of bonds. Unexpended proceeds. Sec. 11. That the assessment provided for and levied under the provisions of this Act shall be payable as the several installments become due, together with the interest thereon, to the treasurer of the municipality, who shall 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 incident thereto, and for no other purpose, until all said bonds are paid in full; and said treasurer shall give bond in amount to be fixed by the governing body, conditioned upon the faithful performance by him of the duties imposed herein. It shall be the duty of said treasurer, not less than thirty days and not more than fifty days before the maturity of any installment of such assessments, to publish at least one time, in a newspaper having a general circulation in said municipality, 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, or in lieu thereof to mail such notice within the time limits aforesaid to the owners of record of the property

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affected, at their last known address. And it shall be the duty of said treasurer, promptly within fifteen days after the date of the maturity of any such installment or assessment or 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 or interest, and shall turn over the same to the marshal or chief of police of the municipality or his deputy, who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, 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 installments with interest, and also subject to the right of redemption as provided in section 880, 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 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 and collected [Illegible Text] the affidavit is received, and the affidavit received for the balance. All affidavits (and the foregoing and following provisions shall apply to the railroads or street railways against whom execution shall be isued 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 the county wherein the municipality is located, and there be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality for delay under the Code of Georgia. The failure of said treasurer or clerk to publish or mail said notice of maturity of any installment of said assessment and interest shall in no wise effect the validity of the assessment and interest and the execution issued therefor. Treasurer's duty as to collection. Bond of treasurer. Notice to property owner. Execution for amount due. Sale to pay assessment. Affidavit of illegality. Failure to mail notice.

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Sec. 12. That no suit shall be sustained to set aside any such assessment, or to enjoin the said governing body from making or fixing or collecting the same or issuing or levying executions therefor or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any grounds or for any reason other than the failure of the governing body to adopt and publish the preliminary resolution provided for in section three of this Act in cases requiring such resolution and its publication, or to give notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be commenced within thirty days after the passage of the ordinance making such assessment final; 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 governing body may at any time, in the manner provided for the making of an original assessment, proceed to cause a new assessment to be made and fixed, which shall have like force and effect as an original assessment. Suit to enjoin assessment, etc.: time limit. Second assessment, where first is void. Sec. 13. That whenever the abutting-land owners of any street of said municipality petition the governing body as herein set out, or said governing body pass the resolution provided for in section three of this Act, for the improvement of any street where the county is owner of property on said street, and the governing body of such county has assented to the proposed improvement and has provided funds to pay in cash its proportionate part of the cost of said improvement, the frontage so owned is to be counted as if owned by an individual, for all the purposes of this Act and the chairman of the board of commissioners of such county is authorized to sign the aforesaid petition or file objections in behalf of the county. Assessment where county island owner. Sec. 14. This Act shall not be construed to repeal any special or local law, or affect any proceedings under such for the making of improvements hereby authorized or for raising the funds therefor, but shall be deemed to be additional and independent legislation for such purposes and

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to provide an alternative method of procedure for such purposes, and to be a complete Act not subject to any limitations or restrictions contained in any other public or private law or laws except as herein otherwise provided. Special laws not repealed. Sec. 15. That where the municipality desires to pay any portion of the cost of the improvements contemplated herein, in addition to the amounts hereinbefore provided for, the balance may be assessed against the abutting property or the owners thereof, or the owners of any street or steam railway therein, as hereinbefore provided for. Payment of part by municipality. Sec. 16. That any time within sixty days after the assessments are finally determined and fixed as hereinbefore provided for, it shall be lawful for the municipality to file a petition in the superior court of the county in which the said municipality is situated, wherein shall be alleged the fact of the passage and approval of the ordinance, and a copy thereof, the street or part of a street affected thereby, the character of paving or other improvement intended, and the approximate estimate of the cost. Said petition shall allege that the ordinance is authorized by law, and that it will create a lien on all real property abutting on such street or part of a street, for the payment by the owner of each lot or parcel of land so abutting, of the pro rata share of expense assessed to each said lot or parcel of land, as well as on any street or other railroad therein, if any such there be, and shall pray for a judgment by the court declaring such ordinance valid, legal, and binding, and that the liens be set up as alleged. It shall not be necessary in such petition to allege the names of the owners of the abutting property or railroads to be affected, but shall be sufficient to describe the street or portion thereof to be improved, and to indicate, as hereinbefore provided, that the property on said street is to be charged with the expense. At or before the filing of such petition, the same shall be presented to the judge of said court, who shall thereupon pass an order calling upon all persons owning or interested in the real estate abutting on said street, or on the designated part thereof,

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to show cause, at a time and place to be in said order named, why the prayer of the petition should not be granted and the ordinance and assessments declared valid and the liens be fixed as legal and binding, which time shall not be less than thirty nor more than sixty days later, and either in term time or vacation, and either in open court or at chambers. It shall thereupon be the duty of the clerk to publish once a week for four weeks, in the official organ of the county, a statement of the case and a copy of said order. At the time and place named, or at such other time and place as the hearing may be adjourned to, any person interested shall be heard to show cause in writing, which writing shall be filed with the clerk, why the prayer should not be granted. The court shall hear all questions of law or fact, and all competent evidence may be offered as in other cases; and the court shall thereupon pass an appropriate order finding and adjudging that said ordinance is lawful and valid and said liens legal and binding, or otherwise, as the law and facts may warrant. The municipality or any person appearing, and who may be dissatisfied with said judgment, may within ten days file a bill of exceptions and carry the matter up to the Supreme Court or the Court of Appeals, as the case may be, for review as in cases of interlocutory injunction. If the final judgement of the superior court shall be in favor of the validity of the ordinance and of the liens claimed, the same shall forever be conclusive, and said matters so determined shall never be thereafter drawn in question in any court. Bonds issued under the provisions of this Act after such judgment shall have written or stamped thereon the words Validated and Confirmed by judgment of the Superior Court, specifying also the date when such judgment was rendered and the court wherein it was rendered, which shall be signed by the clerk of the said superior court, and said entry shall be original prima facie evidence of the fact of such judgment, and receivable as such in any court of this State. In any case in which similar bonds have been heretofore issued by any municipality under the authority of particular local Acts, it

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shall be lawful to validate the same and fix the assessments by final judgment of the superior court under like proceedings and with like effect; provided, however, that before the municipality shall institute such proceedings in such cases, the holder or holders of such bonds or any part thereof shall give to the municipality good and sufficient bond and security to indemnify and hold harmless the municipality against any court costs or other expenses incident to such validating proceedings, the sufficiency of such bond and the security to be approved by the chief executive officer of the municipality. Proceeding to validate lien. Notice of validation proceeding. Hearing. Review of judgment. Entry on bonds. Sec. 17. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 25, 1927. TAX-COLLECTORS AS SHERIFFS IN CERTAIN COUNTIES. No. 138. An Act to vest in the tax-collectors of such counties of the State of Georgia as have a population of not more than 7,330, and not less than 7,320, as determined by the census of the United States of 1920, all of the powers of sheriffs in their respective counties, relative to the collection and levy of all tax fi. fas. issued by such collectors, and to execute valid conveyances made by them under tax sales, and for other 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 all tax-collectors of such counties of the State of Georgia as have a population of not less than 7,320, nor more than 7,330, according to the census of the United States for the year 1924, shall be ex-officio sheriffs of their respective counties, in so far only as to give them full power and authority to collect all taxes due the State of Georgia in their respective counties,

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and all other taxes required to be collected by them, by levy and sale under tax executions, and that said tax-collectors be vested with full power and authority to levy any and all fi. fas. issued by them, whether prior to or subsequent to the passage of this Act, and that the compensation to be received by said tax-collectors for rendering services as such ex-officio sheriffs shall be the same as that now allowed by law to sheriffs for the same or like services; that said tax-collectors shall have the powers of sheriffs to bring all property to sale that is subject to said fi. fas., and shall have full authority to execute any and all necessary conveyances or bills of sale or other instruments required by law of sheriffs to be given to the purchasers at public sales, and shall have authority to do and perform all other Acts and to exercise all other powers vested in sheriffs with respect to the levy of said fi. fas., the sale of property threunder, and the execution of conveyances therefor, or with respect to any other feature connected with the collection of said fi. fas. by levy and sale, and all sales made by them as ex-officio shall pass title and be as valid in all respects as if made by the sheriffs of the respective counties. Tax-collectors in certain counties to be ex-officio sheriffs. Sec. 2. Be it further enacted, that in the levy of said fi. fas., and in the making of the sales thereunder, in the advertisement of said sales, said tax-collectors shall in all respects conform to the provision of the law governing such sales by the sheriffs of this State, and all advertisements of sales required to be inserted in a newspaper shall be published in the newspaper in which the sheriff's advertisements for said county are published, and shall be published for the same period of time. Advertisements of sales. Sec. 3. Said tax-collectors shall have powers to appoint one or more deputies under the provision of this Act, and all deputies thus appointed shall be vested with all of the powrs herein granted unto the tax-collectors, and said tax-collectors shall be responsible for the Acts of their said deputies as sheriffs are liable for the Acts of their

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deputies, and the compensation of such deputies shall be paid by said tax-collector. Deputies. 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 6, 1927. TAX COLLECTORS AS SHERIFFS IN CERTAIN COUNTIES. No. 292. An Act to vest in the tax-collectors of such counties of the State of Georgia as have a population of not less than 15,120 and not more than 15,130, as determined by the census of the United States of 1920, all of the powers of sheriffs of their respective counties relative to the collection and levy of all tax fi. fas. issued by such collectors, and to execute valid conveyances made by them under tax sales, and for other purposes. Section 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 tax-collectors of such counties of the State of Georgia as have a population of not less than 15, 150 and not more than 15,160, * * Figures in the title and in first section are as written in the Act as engrossed and enrolled.Compiler. according to the census of the United States for the year 1920, shall be ex-officio sheriffs of their respective counties in so far only as to give them full power and authority to collect all taxes due the State of Georgia in their respective counties, and all other taxes required to be collected by them, by levy and sale under tax executions, and that said tax-collectors be vested with full power and authority to levy any and all fi. fas. issued by them, whether prior to or subsequent to the passage of this Act, and that the compensation to be received by said tax-collectors for rendering

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services as such ex-officio sheriffs shall be the same as that now allowed by law to sheriffs for the same or like services; that said tax-collectors shall have the powers of sheriffs to bring all property to sale that is subject to said fi. fas., and shall have full authority to execute any and all necessary conveyances or bills of sale or other instruments required by law of sheriffs to be given to the purchasers at public sales, and shall have authority to do and perform all other Acts and to exercise all other powers vested in sheriffs with respect to the levy of said fi. fas., the sale of property thereunder, and the execution of conveyances therefor, or with respect to any other feature connected with the collection of said fi. fas., by levy and sale, and all sales made by them as ex-officio sheriffs shall pass title and be as valid in all respects as if made by the sheriffs of the respective counties. Tax-collectors in certain counties to be ex-officio sheriffs. Sec. 2. Be it further enacted, that in the levy of said fi. fas., and in the making of the sales thereunder, in the advertisement of said sales, said tax-collectors shall in all respects conform to the provisions of the law governing such sales by the sheriffs of this State, and all advertisements of sales required to be inserted in a newspaper shall be published in the newspaper in which the sheriff's advertisements for said county are published, and shall be published for the same period of time. Advertisements of sales. Sec. 3. Be it further enacted, that said tax-collectors shall have power to appoint one or more deputies under the provision of this Act, and all deputies thus appointed shall be vested with all of the powers herein granted unto the tax-collectors, and said tax-collectors shall be responsible for the Acts of their said deputies as sheriffs are liable for the Acts of their deputies, and the compensation of such deputies shall be paid by the said tax-collectors. Deputies. 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, 1927.

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TAX TO SUPPORT PRISONERS IN CERTAIN COUNTIES. No. 34. An Act to authorize those counties in Georgia having a population, according to the United States Census of 1920, or any future census, of not less than 44,195 nor more than 63,690 to levy a tax annually for the maintenance and support of prisoners, including the chain-gang of said counties; to authorize the employment of such chain-gang, while maintained and supported by such levy, upon county and municipal roads, streets, and other public works; and providing that funds derived from the tax levied under this Act shall be kept separate and apart from funds derived under the provisions of the alternative road 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 in those counties in the State of Georgia having a population, according to the United States census of 1920, or any future census, of not less than 44,195 nor more than 63,690 the commissioners of roads and revenues are hereby authorized, in their discretion, to levy a tax annually upon the taxable property in said counties, the proceeds of which are to be used by said commissioners for the maintenance and support of prisoners, including the chain-gang operated by said counties. County tax to support prisoners. Sec. 2. Be it further enacted by the authority aforesaid, that said commissioners may in their discretion, for the purpose of keeping said chain-gang regularly engaged, employ said chain-gang upon the streets or public works of municipalities located in said counties, as well as upon the rural roads and public works of said counties, so long as the expense of maintaining and supporting said chain-gang does not exceed the amount raised by said tax levy. Use of chaingang on municipal streets.

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Sec. 3. Be it further enacted by the authority aforesaid, that in those counties coming within the terms of this Act, in which the provisions of the alternative road law, contained in the Code of Georgia of 1910, sections 694 to 704, inclusive, are in effect, the funds derived from tax levies made for the maintenance and support of prisoners and the funds derived under the provisions of the alternative road law shall be kept separate and apart, in order that no portion of the tax funds derived under the alternative road law shall be applied to the expense of maintaining and supporting the chain-gang while engaged in work other than upon the rural roads. Separation of tax fund. Sec. 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. TOCCOA RIVER OBSTRUCTIONS; REPEALING ACT. No. 132. An Act to repeal An Act to prohibit any person or persons from placing obstructions in the Toccoa River in Fannin County of this State, so as to interfere with the rafting of timber on said stream, and for other purposes, approved February 26, 1876. Section 1. 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 prohibit any person or persons, from placing obstructions in the Toccoa River, in Fannin County of this State, so as to interfere with the rafting of timber on said stream and for other purposes, approved February 26, 1876 (Acts of the General Assembly of the State of Georgia, 1876, p. 388) be and the same is hereby repealed. Repeal of Act as to Toccoa river obstructions. Approved August 6, 1927.

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TRAINING-SCHOOL FOR GIRLS; AMENDING ACT. No. 372. An Act to amend an Act of the General Assembly, approved August 19th, 1913, being Act No. 257 of the Acts of the General Assembly of 1913, establishing the Georgia Training School for Girls, by amending section 4, regarding the salary of the superintendent of said institution; also to amend section 7, to more clearly define the classes of girls to be admitted to said institution; and to amend section 8, regarding the parole, discharge, or release of girls therefrom; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that section 4 of the above-described Act be amended in the second paragraph thereof by striking out the words, At a salary of not more than fifteen hundred dollars ($1,500.00) per annum, and substituting therefor the words, at a salary to be fixed by said Board of Managers, so that the said section 4 when amended shall read as follows: Ga. L. 1913, p. 87, amended. Salary of Superintendent. Sec. 4. Be it further enacted, that said Board of Managers shall receive no compensation for their services, and that they shall qualify on said board, taking and subscribing to an oath faithfully and impartially to discharge their duties, and entering into bond in such sums and in such securities as shall be prescribed by the Governor, conditioned on the faithful performance of all duties required of them in this Act. The actual and necessary expenses of this Board of Managers incurred in the discharge of their official duties, together with the expense of making said bonds herein provided, shall be paid out of the general appropriation for said institution. Said Board of Managers shall organize by electing one of their members as chairman and another as secretary of said board; and when it may be deemed advisable, said board shall appoint

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a competent woman as superintendent of said institution, at a salary to be fixed by said Board of Managers, and shall appoint such other employees as may be necessary to carry on the work of said institution, prescribing the duties of both the superintendent and all other employees; provided, the salary of said superintendent and said employees as well as the expenses of the Board of Managers shall be paid out of the maintenance fund, appropriated by section 2 of this Act. The superintendent and all other employees shall be subject to removal from office at any time by said board. It shall be the duty of said Board of Managers to meet once every three months, for the purpose of attending to such matters as may come before them in the management of said institution. Special meetings may be called by the chairman. Absence from any three meetings, unless excused by the majority of the members present, shall be treated by the Governor as a resignation from office. To read. Sec. 2. Be it further enacted that section 7 of the above-described Act be amended by inserting the words, or who comes under the classification of mental defectives as defined in section 3 of Act approved August 19th, 1919, establishing the Georgia Training School for Mental Defectives, or who is, after the words, who is insane or an idiot, and before the words, afflicted with an incurable disease, so that section 7 when amended will read as follows: Mentaldefectives to whom Act applies. Sec. 7. Be it further enacted, that the Judges of the City and Superior Courts may in their discretion commit to the Georgia Training School for Girls any girl under eighteen years of age who has committed any offense against the laws of this State, not punishable by death or life imprisonment, or who habitually associates with vicious or immoral people, or who is incorrigible to such an extent that she cannot be controlled by parent or guardian, there to be held until such girl reaches the age of twenty-one, unless sooner discharged, bound out, or paroled under the rules and regulations of said Board of

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Managers; provided, however, that no girl who is insane or an idiot or who comes under the classification of mental defectives as defined in section 3 of Act approved August 19, 1919, establishing the Georgia Training School for Mental Defectives, or who is afflicted with an incurable disease, shall be sentenced or committed to said institution. The Judges of the City and Superior Courts may hear and determine such cases, presiding in a court or in chambers; provided, that any girl brought before a court shall have a right to demand trial by jury, and may appeal from the judgment of said court as provided by law. The fees that are now allowed by law for carrying persons to the penitentiary shall be allowed to the sheriffs of the various counties of the State, for services in taking such girls as may be committed by the several courts to the Georgia Training School for Girls. To read. Sec. 3. Be it further enacted, that section 8 of the above-described Act be amended by striking out the words, that said Board of Managers may liberate conditionally on parole any inmate of said institution, or may bind her out to some suitable person, or may commit any inmate to her parent or guardian, under such rules and regulations and upon such terms as said Board of Managers may deem in the best interests of the inmates, and substituting therefor the words, that said Board of Managers shall be authorized to discharge or release any inmate from said institution, or to liberate conditionally on parole any inmate of said institution, under such rules and regulations and upon such terms as said Board of Managers may deem in the best interests of the inmate, so that said section when amended will read as follows: Discharge, release, parole of inmates. Sec. 8. Be it further enacted, that the superintendent in charge of such institution be and, with consent of the chairman of Board of Managers, shall be authorized and empowered to return whence she came any girl who shall be found an improper subject for admission, and who shall thereupon be dealt with by the court or judge committing her as would have been legal in the

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first instance had not said girl been committed to the said Georgia Training School for Girls; and provided, that said Board of Managers shall be authorized to discharge or release any inmate from said institution, or to liberate conditionally on parole any inmate of said institution, under such rules and regulations and upon such terms as said Board of Managers may deem in the best interests of the inmate. To read. 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 23, 1927. TRUST COMPANIES REGULATED. No. 390. An Act regulating trust companies, defining the term trust company, prohibiting the use of the word trust company, describing the duties and power of the Superintendent of Banks in regard thereto, limiting the guaranty of bonds and notes, providing how trust companies may receive deposits, providing for amendment of charters and the time in which they may be amended, and providing penalties; 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. Definitions. The term trust company shall be construed to mean a corporation having power to execute trusts, and to act in any fiduciary capacity, whether such corporation has been heretofore organized under the previous Acts of the General Assembly of this State or as hereafter organized under this Act or any amendments thereto. The term person as used in this act shall be construed to mean an individual, a partnership, or an incorporated association. The word superintendent,

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as used in this Act, refers to and shall mean the Superintendent of Banks. Definition of of trust company. Meaning of person, superintendent. Sec. 2. Unauthorized use of the word trust company. No corporation or person, except a corporation duly authorized to do a trust business in this State, shall as a designation or name or part of a designation or name, under which business is or may be conducted make use of the word trust in any corporate, artificial, or business name or title, or make use of any office sign at the place where such business is transacted having thereon any word or words indicating that such is the place or office of a trust company. And the use or circulation of any letterheads, billheads, blank forms, notes, receipts, certificates, circulars, or any written or printed or partly written and partly printed paper whatever having thereon any word or words indicating that such business is the business of a trust company, is prohibited to any corporation or person except those duly authorized under the laws of this State to do a trust business. Except as herein otherwise indicated, the provisions of this Act shall apply to all trust companies heretofore incorporated or doing business at the date of the approval of this Act as well as those hereafter incorporated or established. Provided, however, that any corporation regularly chartered and organized and engaged in business on the date of the approval of this Act may continue to use its corporate name, but where the words trust or trust company are a part of such corporate name, the corporation shall on all signs, advertisements, letterheads, billheads, and other printed forms, use in connection with its corporate name the words, Not under State Supervisions. Unauthorized use of word trust. Sec. 3. Duties and powers of the superintendent of banks. Except as may hereafter be prescribed by law, the Superintendent of Banks, in addition to the duties and powers prescribed in this Act, shall have, possess, and exercise all that jurisdiction, control, supervision, and authority over trust companies organized or doing business under this Act, which he now has or may hereafter

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be given by the laws of this State over State banks. He shall require reports and make examinations of said trust companies in like manner as is now required of State banks. Trust companies for this examination, supervision, and control shall pay to the Superintendent of Banks the same fees that State banks are now or may hereafter be required to pay. The funds derived from this source shall be used to defray the expenses of the Department of Banking. Supervision by Superintendent of Banks. Sec. 4. Guaranty. That no trust company shall engage in or guarantee the payment of bonds and notes secured by mortgage or deed to real estate within the State of Georgia, or secured by pledge of any choses in action, unless it shall first set apart an amount of its assets, the same to be fixed by the Superintendent of Banks, but in no event to be less than ten thousand ($10,000.00) dollars, as a guaranty fund, which said guaranty fund shall be maintained unimpaired, or invested in bonds of the United States, or of this State, or of any political subdivision of this State, when and as required to do so by the said superintendent, so long as any guaranty is outstanding. The superintendent shall have the right to designate the place where said guaranty fund shall be deposited. This restriction shall be in addition to the restrictions now imposed by law on trust companies doing business in this State. Guaranty, restriction of power as to. Guaranty fund. Sec. 5. Trust companies receiving deposits. That no trust company shall be allowed to receive deposits of any character unless and until its charter shall have been amended so as to confer upon it banking powers and privileges; and when such amendments shall have been obtained and the Superintendent of Banks shall have issued his permit for said company to receive deposits and do business as a bank, it shall be subject to all the provisions of the law relating to banks. Provided, that trust companies heretofore incorporated under the laws of Georgia, with power in their original or amended charters to receive deposits, and that are now conducting their business and reporting to the Superintendent of Banks, shall

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not be required to further amend their charters in order to continue conducting such business, but they shall be subject to all the provisions of banking laws of this State, subjecting them to the inspection and supervision of the Superintendent of Banks, and their dealing in stocks, bonds, and other securities shall be subject to inspection and approval of the Superintendent of Banks. Deposits receivable only under charter amendment conferring banking powers, etc. Sec. 5A. Dealing in stocks and bonds. Trust companies operating as investment bankers, and maintaining departments for the purpose and sale of securities, may purchase for resale whole issues or parts of issues of stocks, and debentures of industrial, railroad, and public-service corporations, and other investment securities, and may resell and deal in the same under such regulations as may be prescribed by the Superintendent of Banks. Dealing in stocks and bonds. Sec. 6. Amendment to charters. That the method of obtaining an amendment to the charter of trust company, so as to confer upon it banking powers and privileges, and authorize it to receive deposits, shall be the same as that provided for the amendment of the charter of a bank by sections 1 to 7, inclusive, of article 19 of the Banking Act of 1919, except that the amendment must be authorized by the vote of two thirds of the outstanding capital stock. When the charter shall have been amended, the stockholders shall be liable to depositors to the same extent as are the stockholders of a bank under article 18 of the Banking Act. Amendment of charter, as to banking powers, how obtained. Sec. 7. Any trust company that has heretofore or may hereafter acquire the right to receive deposits, and thereby become subject to the provisions of this Act, shall have the right to surrender to the Secretary of State its authority to receive deposits and to do a banking business, without impairing in any respect its charter rights to conduct a trust company business, and thereupon shall cease to have the right to receive deposits, but may conduct business as a trust company as though it had never had the right to receive deposits or to do a banking business. Surrender of authority to receive deposits, etc.

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Sec. 8. Time in which amendment obtained. Trust companies which have not acquired banking powers, but are receiving savings or other deposits, shall be allowed twelve months from the date of the approval of this Act to secure amendments to their respective charters, conferring such powers, or to pay off and settle with their depositors. Time to obtain amendment of charter. Sec. 9. Penalty. Any person who as an officer of any corporation or in his individual capacity shall violate the provisions of this Act, or who shall knowingly permit the violation thereof by any corporation with which he is connected, shall be guilty of a misdemeanor. Penalty. Sec. 10. Nothing in this Act shall be construed to affect, embrace, or include, or to bring within the operation of this Act any corporation chartered by the Superior Court, having trust company powers and without banking powers, and which does not receive deposits subject to check, and which invests its funds in loans on real estate. Corporations not affected by this Act. Sec. 11. Repealing clause. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 25, 1927. TUBERCULOSIS IN DOMESTIC ANIMALS. No. 314. An Act to require the State Veterinarian to eradicate tuberculosis in domestic animals to create and maintain within the State of Georgia a modified accredited tuberculosis-free area, in conformity with rules and regulations made by the United States Livestock Sanitary Association and adopted by the United States Bureau of Animal Industry, Department of Agriculture; to empower county authorities to appropriate funds for the eradication of tuberculosis within their respective counties; to provide for the condemnation of tubercular cattle and for partial reimbursement to

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owners of same; to regulate the use, sale, and distribut on of veterinary tuberculin; to appropriate twelve thousand, five hundred dollars ($12,500.00) annually to enable the State Veterinarian to co-operate with the Federal Government and the respective counties in this work; to provide penalties for the violation of this Act; and for other purposes. Whereas the disease of animals known as tuberculosis is contagious, infectious, and transmissible to other animals and to men, and whereas research has established the fact that in excess of 40% of tuberculosis in children is traceable to an infected milk or food supply; therefore: Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act it shall be the duty of the State Veterinarian to eradicate tuberculosis of domestic animals within the State. To enable the State Veterinarian to eradicate bovine tuberculosis effectively, and to aid him in establishing within the State a modified accredited tuberculosis-free area, in conformity with rules and regulations promulgated by the United States Livestock Sanitary Association and adopted by the Bureau of Animal Industry, United States Department of Agriculture, the county commissioners of any county in which the State and Federal Governments jointly engage in a tuberculosis eradiction campaign may appropriate for aiding in said work such sums as the county commissioners or board of roads and revenues may deem adequate and necessary. The State Veterinarian shall have full and complete authority and responsibility in all livestock sanitary control work. The State Veterinarian, or his duly authorized agent, is hereby empowered to enter upon any premises, barn, lot, or any other place where cattle are kept, for the purpose of applying test with tuberculin to ascertain whether or not the animals so tested are affected with tuberculosis. The owners, or keeper of such cattle shall render such reasonable assistance as may be required to enable the

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State Veterinarian or his agent to apply the test with accuracy and dispatch. State Veterinarian's duty as to eradication of tuberculosis in animals. Aid from county funds. Powers of veterinarian. Sec. 2. Be it further enacted, that should the State Veterinarian receive information or have reason to believe that tuberculosis exists in any animal or herds of animals, he shall promptly notify the owner or owners and shall arrange to have such animal or animals tested by a qualified veterinarian. That all cattle which shall hereafter react to a tuberculin test shall immediately after such reaction be branded on the left jaw with the letter T, said letter to be not less than two inches in length, and in addition said reactors shall be tagged in the left ear with a special tag to be adopted by the State veterinarian. All cattle so identified shall be slaughtered within a period of fourteen days immediately following such reaction, such slaughter to be under the direction of the State Veterinarian in an abattoir where Federal or competent local meat inspection is maintained. The owners of such reactors to the tuberculin test shall be indemnified for such animals, as hereinafter provided. Notice to owner of anmial. Branding. Slaughter of animal. Indemnity to owner. Sec. 3. Be it further enacted by the authority aforesaid, that before having such reacting animal or animals slaughtered, it shall be the duty of the State Veterinarian to notify the owner of his findings as to the condition of said animal or animals; and if such animal shall have been purchased by the owner not less than six months prior to the examination by said veterinarian, then the owner and said veterinarian shall, if possible, agree on the value of such animal or animals so condemned. If said State Veterinarian or his agent and the owner of said animal or animals cannot agree as to the value of said animal or animals, then each will select a citizen from the county in which said animal or animals are located, to Act in their place. These two arbitrators shall fix the value of such animal or animals, and in the event said two citizens cannot agree, then the United States Veterinary Inspector in charge of co-operative tuberculosis eradication in Georgia shall act as umpire. In no case shall the value fixed

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by said owner and State Veterinarian, or by the arbitrators, exceed the amount at which said animal or animals were returned by the owner for taxation to State and County authorities, nor shall the value fixed in the case of a pure-bred cow or bull exceed $150.00, nor in case of a grade cow or bull the sum of $90.00. Upon the value being fixed by agreement as hereinbefore provided, said owner shall be paid, within the limitations hereinbefore provided, jointly by the county commissioners out of county appropriations and by the United States Bureau of Animal Industry out of special Federal government tuberculosis eradication funds now available. Notice Agreement on value. Arbitration. Limit of value. Payment. Sec. 4. Be it further enacted, that no person, firm, or corporation shall administer veterinary tuberculin, except qualified veterinarians. No person, firm or corporation shall sell, offer for sale or distribution, or keep on hand any veterinary tuberculin, except qualified veterinarians, licensed druggists or others lawfully engaged in the sale of veterinary biological products. Qualified veterinarians within the meaning of this Act shall be veterinarians approved by the State Veterinarian and the chief of the United States Bureau of Animal Industry for tuberculin testing cattle intended for interstate shipment. Restriction. of use or sale of tuberculin. Definition of qualified veterinarian. Sec. 5. Be it further enacted by the authority aforesaid, that to enforce the provisions of this Act and to enable the State Veterinarian to eradicate bovine tuberculosis, to establish and maintain a modified accredited tuberculosis-free area, and to develop the livestock industry within the State, the sum of twelve thousand, five hundred ($12,500) dollars annually, or as much thereof as may be necessary, be and the same is hereby appropriated. Annual Appropriation. Sec. 6. Be it further enacted by the authority aforesaid, that any violation of any provisions of this Act is hereby made a misdeameanor, and shall be punishable by a fine of not less than twenty-five ($25.00) dollars for each offense. Penalty.

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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; and that, public welfare requiring it this Act take effect from and after its passage. Approved August 20, 1927. U. S. GOVERNMENT, JURISDICTION CEDED TO. No. 373. An Act to provide for the acquisition of land in the State of Georgia by the United States for governental purposes; to cede jurisdiction to the United States under certain limitations; and for other purposes. Section 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 consent of the State of Georgia is hereby given, in accordance with the 17th clause, 8th section, and of the 1st article of the Constitution of the United States, to the acquisition by the United States, by purchase, condemnation, or otherwise, any land in this State which has been or may hereafter be acquired for custom-houses, post-offices arsenals, other public buildings whatever, or for any other purposes of government. Consent for U. S. Government to acquire land. Sec. 2. Be it further enacted by the authority aforesaid, that the exclusive jurisdiction in and over any land so acquired by the United States shall be and the same is hereby ceded to the United States for all purposes, except that the State retains the right to serve thereon all civil and criminal processes issued under authority of the State; but the jurisdiction so ceded shall continue no longer than the said United States shall own such lands. Jurisdiction ceded to U. S. Right retained to serve process. Sec. 3. Be it further enacted by the authority aforesaid, that the jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to the said lands by purchase, condemnation, or otherwise;

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and so long as the said lands shall remain the property of the United States when acquired as aforesaid, and no longer, the same shall be and continue exempt and exonerated from all State, county, and municipal taxation, assessment, or other charges which may be levied or imposed under authority of the State. Jurisdiction vests when. Exemption from tax. Approved August 23, 1927. VITAL STATISTICS. No. 340. An Act to provide for registration and records of births and deaths in this State, and the collection and preservation of such records, and a bureau of vital statistics under the supervision and charge of the State Board of Health; to provide for the appointment and compensation of a State Registrar and of [Illegible Text] registrars of vital statistics, and for clerical and other assistants and their compensation; to provide for payment of local registration fees by county treasurers; to prescribe the duties of such officers; to provide for registration districts; to provide for certificates of births and of deaths; for permits for burial, cremation, removal, and other disposition of dead bodies; for records of sales of coffins or caskets; and for registration of midwives, with local registrars; to prescribe penalties for violations of this law; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the State board of health shall have charge of the registration of births and deaths in this State; shall prepare the necessary instructions, forms, and blanks for obtaining and preserving such records, and shall procure the faithful registration of same in each primary registration district as constituted in section 3 of this Act, and in the central bureau of vital statistics at the

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Capitol of the State. The said board shall be charged with the uniform and thorough enforcement of this law throughout the State, and shall from time to time recommend any additional legislation that may be necessary for this purpose. Registration of births and deaths: State Board of Health in charge. Sec. 2. Be it further enacted by the authority aforesaid, that the secretary of the State Board of Health shall have general supervision over the central bureau of vital statistics, which is hereby authorized to be established by said board, and which shall be under the immediate direction of the State Registrar of Vital Statistics, whom the State Board of Health shall appoint, and who shall be a medical practitioner of not less than five years practice in his profession, and a competent vital statistician. The term of office of the State Registrar of Vital Statistics shall be four years, and he shall continue in office until his successor has qualified. A successor shall be appointed for the ensuing term at least ten days before the expiration of each term. Any vacancy occuring in such office during a term shall be filled by appointment for the unexpired part of the term. The State Board of Health shall provide for such clerical and other assistant as may be necessary for the purposes of this Act, who shall serve during the pleasure of the board. The compensation of the State Registrar of Vital Statistics and the compensation of said assistants shall be paid by the said board out of the funds appropriated by the General Assembly for the maintenance of the State Board of Health. The custodian of the capitol shall provide for the Bureau of Vital Statistics, at the State Capitol, suitable offices, which shall be properly equipped with fireproof vaults and filing cases for the permanent and safe preservation of all official records provided for by this Act. Bureau of Vital Statistics: State Registrar; appointment, qualifications, Term of office. Assistants. Compensation. Offices. Sec. 3. Be it further enacted by the authority aforesaid, that for the purpose of this Act the State shall be divided into registration districts as follows: Each city, each incorporated town, and each militia district or part thereof outside of a city or incorporated town shall constitute

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a primary registration district. The State Board of Health may combine two or more primary registration districts as one district, or may establish additional districts by dividing a primary registration district into two or more districts, when necessary to facilitate registration. Districts for registration. Sec. 4. Be it further enacted by the authority aforesaid, that in each city of this State the city clerk, and in each incorporated town the town clerk, and in each militia district or part thereof outside of a city or of an incorporated town the justice of the peace therefor, or, if there be no justice of the peace, the notary public and ex-officio justice of the peace thereof, shall be the local registrar of vital statistics, except where another person has been appointed as such registrar by the State board of Health, the said board being hereby authorized to appoint the local registrars in any and all registration districts, in their discretion. Each local registrar shall appoint a deputy registrar, who shall serve as registrar when the local registrar is not immediately accessible for the purpose of registration or the issuance of certificates or permits as required by this Act; and should the local registrar and his deputy both be absent from their registration district, the duties of the local registrar of that district may be performed by the local registrar of any adjoining district in the same county; and in such cases the registrar acting in the absence of the local registrar shall note on each certificate issued by him the date of filing, and shall forward the certificate in ten days, and in all cases before the third day of the following month, to the local registrar in whose place he has acted. Any local registrar or deputy registrar who, in the judgment of the State Board of Health, fails to make a proper and complete return of births and deaths, or to discharge any of his other duties as prescribed by this Act, may be summarily removed by said board, and he shall be subject to such penalties as are provided for such officers under section 21 of this Act. Local registrars. Deputy registrar. Removal of registrar. Penalties.

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Sec. 5. Be it enacted by the authority aforesaid, that the body of any person whose death occurs in this State, or which shall be found dead therein, shall not be interred, deposited in a vault or tomb, cremated, or otherwise disposed of or removed from or into any registration district, or be temporarily held pending further disposition more than seventy-two hours after death, unless a permit for burial, removal, or other disposition thereof shall have been properly issued by the local registrar of the registration district in which the death occurred or the body was found. And no such burial or removal permit shall be issued by the registrar until, where practicable, a complete and satisfactory certificate of death has been filed with him as hereinafter provided; provided, that when a dead body is transported from outside of the state into this State or from one registration district into another registration district within this State, for burial, the transit or removal permit issued in accordance with the law and health regulations of the place where the death occurred shall be accepted by the sexton or person in charge of the cemetery in lieu of a burial permit at the place of burial. Burial or removal permit. Sec. 6. Be it enacted by the authority aforesaid, that a stillborn child shall be registered as a birth and also a death, and separate certificates of both the birth and the death shall be filed with the local registrar, in the usual form and manner, the certificate to contain, in the place of the name of the child, the word stillbirth, provided that a certificate of birth and a certificate of death shall not be required for a child that has not advanced to the fifth month of uterogestation. The medical certificate of the cause of death shall be signed by the attending physician, if any, and shall state the cause of death as stillborn, with the cause of stillbirth, if known, whether a premature birth, and, if born prematurely, the period of uterogestation, in months, if known; and the burial or removal permit of the prescribed form shall be required. Midwives shall not sign certificates of death for stillborn children; but such cases, and stillbirths occuring

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without attendance of either physician or midwife, shall be treated as deaths without medical attendance, as provided for in section 8 of this Act. Stillborn child to be registered twice. Certificates; how signed. Sec. 7. Be it enacted by the authority aforesaid, that the certificate of death shall contain the following items, and such other items as are deemed necessary for legal, social, and sanitary purposes subserved by registration records: (1) Place of death, including State, county, incorporated town, village, or city. If in a city, the ward, street, and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number. If in an industrial camp, the name of the camp to be given. (2) Full name of decedent. If an unnamed child, the surname preceded by Unnamed. (3) Sex. (4) Color or race; as white, black, mulatto (or other Negro descent), Indian, Chinese, Japanese, or other. (5) Conjugal relation; as single, married, widowed, or divorced. (6) Date of birth, including year, month, and day. (7) Age, in years, months, and days. If less than one day, the hours or minutes. (8) Occupation. The occupation to be reported of any person male or female, who had any remunerative employment, with the statement of (a) trade, profession, or particular kind of work; (b) general nature of industry, business, or establishment in which employed (or employer). (9) Birthplace, at least State or foreign country, if known. (10) Name of father. (11) Birthplace of father, at least State or foreign country, if known. (12) Maiden name of mother. (13) Birthplace of mother, at least State or foreign country, if known. (14) Signature and address of informant. (15) Official signature of registrar, with the date when the certificate was filed and registered number. (16) Date of death, year, month, and day. (17) Certification as to medical attendance on decedent, fact and time of death, time last seen alive, and cause of death, with contributory (secondary) cause of complication, if any, and duration of each, and whether attributed to dangerous or insanitary conditions or employment; signature

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and address of physician or official making the medical certificate. (18) Length of residence (for inmates of hospitals or other institutions, transients or recent residents) at place of death and in the State, together with the place where the disease was contracted, if not at place of death, and former or usual residence. (19) Place of burial or removal, date of burial. (20) Signature of undertaker or person acting as such, and post-office address. The personal and statistical particulars (items 1 to 13) shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The statement of facts relating to the disposition of the body shall be signed by the undertaker or the person acting as such. The medical certificate shall be made and signed by the physician, if there was any, last in attendance on the deceased, who shall specify the time in attendance, the time he last saw the deceased alive, and the hour of the day at which the death occurred. And he shall further state the cause of the death, so as to show the course of the disease or sequence of causes resulting in the death, giving first the name of the disease causing death (primary cause) and the contributory (secondary) cause, if any, and the duration of each. Indefinite and unsatisfactory terms, denoting only symptoms of disease or conditions resulting from disease, will not be held sufficient for the issuance of a burial or removal permit, and any certificate containing only such terms, as defined by the State Registrar, shall be returned to the physician or person making the medical certificate, for correction and more definite statement. Causes of deaths which may be the result of either disease or violence shall be carefully defined; and if violence, the means of injury shall be stated, and whether (probably) accidental, suicidal, homicidal. And for the deaths in hospitals or institutions, or of non-residents, the physician shall supply the information required, under this head (item 18), if he is able to do so, and may state where, in his opinion, the disease was contracted. Death certificate; contents. Death certificate. Indefinite medical certificate not sufficient.

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Sec. 8. Be it enacted by the authority aforesaid, that in case of any death occurring without medical attention, it shall be the duty of the undertaker to notify the local registrar of the death, and when so notified the registrar shall, prior to the issuance of the permit, inform the local health officer, if there be such officer in the district where the death occurred, and refer the case to him for immediate investigation and certification; provided, that when the local health officer is not a physician, and in such cases only, the registrar is authorized to make the certificate and return from the statement of relatives or other person having adequate knowledge of the facts; provided, further, that if the registrar has reason to believe that the death may have been due to unlawful act or neglect, he shall then refer the case to the coroner or other proper official for his investigation and certification. And the coroner or other proper official whose duty it is to hold an inquest on the body of any deceased person, and to make the certificate of death required for a burial permit, shall state in his certificate the name of the disease causing the death, or, if from external causes, (1) the means of death, and (2) whether (probably) accidental, suicidal, or homicidal, and shall in any case furnish such information as may be required by the State Registrar in order to classify the death properly. Death without medical attention. Sec. 9. Be it enacted by the authority aforesaid, that the undertaker, or the person acting as undertaker, shall file the certificate of death with the local registrar of the district in which the death occurred, and obtain a burial or removal permit prior to any disposition of the body. He shall obtain the required personal and statistical particulars from the person best qualified to supply them, over the signature and address of his informant. He shall then present the certificate to the attending physician, if there was any, or to the health officer, or coroner, as directed by the local registrar, for the medical certificate of the cause of death and other particulars necessary to complete the record as specified in sections 7 and 8, and

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he shall then state the facts required relative to the date and place of burial or removal, over his signature and with his address, and present the complete certificate to the local registrar in order to obtain a permit for burial, removal, or other disposition of the body. The undertaker shall deliver the burial or removal permit to the person in charge of the place of burial, before interring or otherwise disposing of the body, or shall attach the transit permit to the box containing the corpse when shipped by any transportation company; said permit to accompany the corpse to its destination where, if within the State of Georgia, it shall be delivered to the person in charge of the place of burial. Every person, firm, or corporation selling a coffin or burial casket shall keep a record showing the name of the purchaser, and the purchaser's post-office address, and the name of the deceased, which record shall be open to inspection of the State Registrar at all times. On the first day of each month the person, firm, or corporation selling coffins or burial caskets in this State shall report to the State Registrar each sale for the preceding month, on a blank provided for that purpose; provided, however, that no person, firm, or corporation selling coffins or burial caskets to dealers or undertakers only shall be required to keep such record, nor shall such report be required from the undertakers when they have direct charge of the disposition of the dead body. Every person, firm, or corporation selling coffins or burial caskets at retail, and not having charge of the body, shall inclose within the casket or coffin a notice furnished by the State registrar, calling attention to the requirements of the law, a blank certificate of death, and the rules and regulations of the State Board of Health concerning the burial or other disposition of a dead body. Procedure, in obtaining burial permit. Delivery of permit. Burial casket, record and report by seller. Notice of law placed in casket. Sec. 10. Be it enacted by the authority aforesaid, that if the interment or other disposition of the body is to be made within the State, the wording of the burial or removal permit may be limited to a statement by the registrar, and over his signature, that, a satisfactory certificate

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of death having been filed with him as required by law, permission is granted to inter, remove, or dispose otherwise of the body, stating the name, age, sex, cause of death, and other necessary details upon the form preprescribed by the State Registrar. Contents of burial permit. Sec. 11. Be it enacted by the authority aforesaid, that no person in charge of any premises on which interments are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial, removal, or transit permit as herein provided, and every such person shall indorse upon the permit the date of the interment, over his signature, and shall return all permits so indorsed to the local registrar of his district within ten days from date of interment, or within the time fixed by the local board of health. He shall keep a record of all bodies interred or otherwise disposed of on the premises under his charge, in each case stating the name of each deceased person, place of death, date of burial or disposal, and name and address of the undertaker, which record shall at all times be open to official inspection; provided, that the undertaker or person acting as such, when burying a body in a cemetery or burial ground having no person in charge, shall sign the burial or removal or transit permit giving the date of burial, and shall write across the face of the permit the words No person in charge, and file the burial or removal or transit permit within ten days with the registrar of the district in which the cemetery is located. Burial without permit prohibited. Indorsement and return of permit. Record of local registrar. Time of filling. Sec. 12. Be it enacted by the authority aforesaid, that the birth of each and every child born in this State shall be registered as hereinafter provided. Birth registration. Sec. 13. Be it enacted by the authority aforesaid, that within ten days after the date of each birth, there shall be filed with the local registrar of the district in which the birth occurred a certificate of such birth, which certificate shall be upon the form adopted by the State Registrar, upon advice and consent of the State Board of Health,

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with a view of procuring a full and accurate report with respect to each item of information enumerated in section 14 of this Act. In each case where a physician, or midwife, or person acting as a midwife was in attendance upon the birth, it shall be the duty of such person to file in accordance herewith the certificate herein contemplated. In each case where there was no physician, or midwife, or person acting as midwife, in attendance upon the birth, it shall be the duty of the father or mother of the child, or the householder or the owner of the premises where the birth occurred, having knowledge of such birth, or the manager or superintendent of the public or private institution where the birth occurred, each in the order named, within ten days after the date of such birth, to report to the local registrar the fact of such birth. In such case, and in case the physician, or midwife, or person acting as midwife, in attendance upon the birth, is unable, by diligent inquiry, to obtain any item or items of information contemplated in section 14 of this Act, it shall be the duty of the local registrar to secure from the person so reporting, or from any other person having the required knowledge, such information as will enable him to prepare the certificate of birth herein contemplated, and it shall be the duty of the person reporting the birth, or who may be interrogated in relation thereto, to answer correctly and to the best of his knowledge all questions put to him by the local registrar which may be calculated to elicit any information needed to make a complete record of the birth as contemplated by section 14, and it shall be the duty of the informant, in any statement made in accordance herewith, to verify such statement by his signature, when requested so to do by the local registrar. Birth certificate. Sec. 14. Be it enacted by the authority aforesaid, that the certificate of birth shall contain the following items, and such other items as are deemed necessary for the legal, social, and sanitary purposes subserved by registration records: (1) place of birth, including State, county,

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incorporated town, village, or city; if in a city, the ward, street, and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number. (2) Full name of child. If the child dies without a name, before the certificate is filed, enter the words died unnamed. If the living child has not yet been named at the date of filing certificate of birth, the space for full name of child is to be left blank, to be filled out subsequently by a supplemental report, as hereinafter provided. (3) Sex of child. (4) Whether a twin, triplet, or other plural birth. A separate certificate shall be required for each child in case of plural births. (5) For plural births, number of each child in order of birth. (6) Whether legitimate or illegitimate. (7) Date of birth, including year, month, and day. (8) Full name of father; provided that if the child is illegitimate, the name of the putative father shall not be entered without his consent, but the other particulars relating to the putative father (items 9 to 13) may be entered if known, otherwise as unknown. (9) Residence of father. (10) Color or race of father. (11) Age of father at last birthday, in years. (12) Birthplace of father, at least State or foreign country if known. (13) Occupation of father, occupation to be reported if engaged in any remunerative employment, with the statement of (a) trade, profession, or particular kind of work: (b) general nature of industry, business, or establishment in which employed (or employer). (14) Maiden name of mother. (15) Residence of mother. (16) Color or race of mother. (17) Age of mother at last birthday, in years. (18) Birthplace of mother, at least State or foreign country, if known. (19) Occupation of mother. The occupation to be reported if engaged in any remunerative employment, with the statement of (a) trade, profession, or particular kind of work, (b) General nature of industry, business, or establishment in which employed (or employer). (20) Number of children born to this mother, including present birth. (21) Number of children of this mother, living. (22) The certification of the attending

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physician or midwife as to the attendance at birth, including statement of year, month, day (as given in item 7), and hour of birth, and whether child was born alive or stillborn. This certification shall be signed by the attending physician or midwife, with the date of signature and address; if there is no physician or midwife in attend ance, then by the father or mother of the child, householder owner of the premises or manager or superintendent of public or private institution where the birth occurred, or other competent person, whose duty it shall be to notify the local registrar of such birth, as required by section 13, of this Act. (23) Exact date of filing in office of local registrar, attested by his official signature, and registered number of birth, as hereinafter provided. Contents of birth certificate. Contents of birth certificate. Sec. 15. Be it enacted by the authority aforesaid, that when any certificate of birth of a living child is presented without the statement of the given name, then the local registrar shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed, and returned to the local registrar as soon as the child shall have been named. Supplemental report. Sec. 16. Be it enacted by the authority aforesaid, that every midwife shall register his or her name, address, and occupation with the local registrar of the district in which he or she resides, or may hereafter establish a residence, such registration to be made on or before the first day of February in each year, or, if such residence is established after that date, then within thirty days after the same is established; and shall thereupon be supplied by the local registrar with a copy of this Act, together with such rules and regulations as may be prepared by the State registrar relative to its enforcement. Within sixty days after the close of each calendar year each local registrar shall make a return to the State Registrar of all midwives who have registered in his district. No fee or other compensation shall be charged by local registrars to midwives

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for registering their names under this section or making returns thereof to the State Registrar. Registration of midwives. Sec. 17. Be it enacted by the authority aforesaid, that the State Registrar shall prepare, print, and supply all registrars all blanks and forms used in registering, recording, and preserving the returns, or in otherwise carrying out the purposes of this Act, and shall prepare and issue such detailed instructions as may be required to procure the uniform observance of its provisions and the maintenance of a perfect system of registration; and no other blanks shall be used than those supplied by the State Registrar, except that in the transportation of dead bodies the standard form of permit adopted by the State Board of Embalmers may be used. He shall carefully examine the certificates received monthly from the local registrars; and if any such are incomplete or unsatisfactory, he shall require such further information to be supplied as may be necessary to make the records complete and satisfactory. And all physicians, midwives, informants, or undertakers, and all other persons having knowledge of the facts, are hereby required to supply, upon a form provided by the State Registrar or upon the original certificate, such information as they may possess regarding any birth or death, upon demand of the State registrar, in person, by mail, or through the local registrar. No certificate of birth or death, after its acceptance for registration by the local registrar, and no record made in pursuance of this Act shall be altered or changed in any respect otherwise than by amendments properly dated, signed and witnessed. The State Registrar shall further arrange, bind, and permanently preserve the certificates in a systematic manner, and shall prepare and maintain a comprehensive index of all births and deaths registered, said index to be arranged alphabetically, in case of deaths, by name of decedents, and in case of births, by the names of the fathers, or the mothers in the event the name of the father is not known. He shall inform all registrars what diseases are to be considered infectious, or communicable,

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and dangerous to the public health, as decided by the State Board of Health, in order that when deaths occur from such diseases proper precautions may be taken to prevent their spread. If any cemetery company or association, any church or historical society or association, or any other company, society, or association, or any individual is in possession of any record of births and deaths which may be of value in establishing the genealogy of any resident of this State, such company, society, association, or individual may file such record, or a duly authenticated transcript thereof, with the State registrar, and it shall be the duty of the State Registrar to preserve such record or transcript, and to make a record and index thereof in such forms as to facilitiate the finding of any information contained therein. Such record and index shall be open to inspection by the public, subject to such reasonable conditions as the State Registrar may prescribe. If any person desires a transcript of any record filed in accordance herewith, the State Registrar shall furnish the same upon application, together with a certificate that it is a true copy of such record as filed in his office. Blanks supplied by State registrar. Duty to furnish information. Change of record. Duties of State Registrar. Record of cemeteries, churches, societies, etc. Transcripts. Sec. 18. Be it enacted by the authority aforesaid, that each local registrar shall supply blank forms of certificates to such persons as require them. Each local registrar shall carefully examine each certificate of birth or death when presented for record, in order to ascertain whether or not it has been made out in accordance with the provisions of this Act and the instructions of the State Registrar. And if any certificate of death is incomplete or unsatisfactory, it shall be his duty to call attention to the defects in the returns, and to withhold the burial or removal permit until such defects are corrected. All certificates either of birth or death shall be written legibly in durable black ink, and no certificate shall be held to be complete and correct that does not supply all the items of information called for therein, or satisfactorily account for their omission. If the certificate of death is properly

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executed and complete, he shall then issue a burial or removal or transit permit to the undertaker; provided, that in case the death occurred from some disease which is held by the State Board of Health to be infectious, contagious, or communicable or dangerous to the public health, no permit for the removal or other disposition of the body shall be issued by the registrar, except under such conditions as may be prescribed by the State Board of Health. If a certificate of birth is incomplete, the local registrar shall immediately notify the informant, and require him to supply the missing items of information if they can be obtained. He shall number consecutively the certificates of birth and death, in two separate series, beginning with number one for the first birth, and the first death of each calendar year, and sign his name as registrar in attest of the date of filing in his office. He shall also make a complete and accurate copy of each birth and each death certificate on the form provided by the State registrar for that purpose, and he shall, on or before the tenth day of each month, transmit to the State Registrar all original certificates registered by him for the preceding month, and shall forward to the ordinary of the county in which his district is located his copy of the same, or, if there be a full-time city health officer or a full-time county health officer located in his county, he shall forward his copy to said health officer instead of to the ordinary. And if no birth or no death occurs in any month, he shall on the tenth day of the following month report that fact to the State Registrar on a card provided for that purpose. And all birth and death certificates filed with a local registrar when the birth or death occurred outside his district must be forwarded by him, within ten days, to the local registrar of the district in which the birth or death occurred. The ordinary or health officer, as the case may be, shall file and preserve in his office all copies of certificates received by him. Local registrar's duties. Unsatisfactory certificate of death. Incomplete certificate of birth. Transmission of certificates: time limit. Reports. Duty of Ordinary or health officer. Sec. 19. Be it enacted by the authority aforesaid, that each local registrar shall be paid a fee of fifty cents for

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each birth certificate and for each death certificate properly made out and registered with him, and correctly recorded and promptly returned by him to the State Registrar as required by this Act. And in case no birth or no death certificate was registered during a month, the local registrar shall be paid a fee of twenty-five cents for each report made by him to that effect, if such report be made promptly as required by this Act. All amounts payable to a local registrar under the provisions of this section shall be paid from county funds by the treasurer of the county in which the registration district is located, and the State registrar shall annually, or, in the discretion of the State Board of Health, from time to time during the year, certify to the treasurers of the several counties the number of births and deaths properly registered, with the names of the local registrars and the amounts due each at date of said certificate; provided that before such fees are paid by the county treasurer, the State Registrar's certificate as to the amount due for such fees shall be verified by a certificate of the ordinary of the county, or city or county health officer, as the case may be, to whom copies of the original certificates have been furnished by the local registrar as provided in section 18 of this Act. The ordinary or the county or city health officer, as the case may be, shall be paid a fee of ten cents for each copy of birth and each copy of death certificate properly filed by him under section 18 of this Act, said fee to be paid from county funds by the county treasurer. Fees. Fees, how paid. Sec. 20. Be it enacted by the authority aforesaid, that the State registrar or ordinary or the county or city health officer shall, upon request, supply to any applicant, a certified copy of the record of any birth or death registered under the provisions of this Act, and any such copy of the record of a birth or death, when properly certified by the State registrar or ordinary or city or county health officer, as the case may be, shall be prima facie evidence in all courts and places of the facts therein stated, for which said applicant shall pay a fee of fifty cents. The United States

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Census Bureau may obtain, without expense to the State, transcripts or certified copies of births and deaths. Certified copies. Sec. 21. Be it enacted by the authority aforesaid, that any person who, for himself or for an officer, agent, or employee of any other person or of any corporation or partnership, (a) shall inter, cremate, or otherwise finally dispose of a dead body of a human being, or permit the same to be done, or shall remove such body from the primary registration district in which the death occurred or the body was found, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found, or (b) shall refuse or fail to furnish correctly any information in his possession, or shall furnish false information affecting any certificate or record, required by this Act, or (c) shall wilfully alter otherwise than is provided by section 17 of this Act, or shall falsify any certificate of birth or death, or any record established by this Act; or, (d) being required by this Act to fill out a certificate of birth or death and file the same with the local registrar, or deliver it upon request, to any person charged with the duty of filing the same, shall fail, neglect or refuse to perform such duty in the manner required by this Act; or, (e) being a local registrar or deputy registrar, shall fail, neglect, or refuse to perform his duty as required by this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for the first offense be fined not less than five dollars not more than fifty dollars, and for each subsequent offense not less than ten nor more than one hundred dollars, or be imprisoned in the county jail not more than sixty days, or be both fined and imprisoned in the discretion of the court. Offenses and penalties Sec. 22. Be it enacted by the authority aforesaid, that each local registrar is hereby charged with strict and thorough enforcement of the provisions of this Act in his registration district, under the supervision and direction of the State Registrar, and he shall make an immediate report to the State Registrar of any violation of this law

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coming to his knowledge, by observation or upon complaint of any person, or otherwise. The State Registrar is hereby charged with the thorough and efficient execution of the provisions of this Act in every part of the State, and is hereby granted supervisory power over local registrars and deputy local registrars, to the end that all its requirements shall be uniformly complied with. The State Registrar, either personally or by an accredited representative, shall have authority to investigate cases of irregularity or violation of law, and all registrars shall aid him upon request in such investigations. When he shall deem it necessary, he shall report such cases of violations of any of the provisions of this Act to the prosecuting attorney of the county, with the statement of the facts and circumstances; and when any such case is reported to him by the State registrar, the prosecuting attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law. And upon request of the State Registrar, the Attorney-general shall assist in the enforcement of the provisions of this Act. Enforcement. Prosecutions. Sec. 23. Be it further enacted by the authority aforesaid, that if any section or part of this be decided by the courts to be unconstitutional or invalid, the same shall not invalidate the remainder of the Act as a whole or in part. Act not invalidated by void part. Sec. 24. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 22, 1927. WATER-POWER; CONDEMNATION OF HIGHWAYS. No. 367. An Act to amend An Act to authorize corporations or individuals owning or controlling any water-power in

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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, and as amended by an Act of the General Assembly of this State, authorizing such corporation or individual to acquire by purchase or condemnation the right to flood private roads, and to acquire by condemnation the right to flood public roads or highways in the manner and upon the terms and conditions as therein fully provided for, approved August 22, 1925, by repealing section four of said Act, which is the repealing section, and by adding to said Act a new section to be known as section four, and to read as follows: Where any proceeding to condemn a public road or highway is instituted, if the same is a part of the State Highway system, or jurisdiction or control thereof has been taken over or assumed by the State Highway Board or other State authority, the notice of intention to condemn shall be addressed to and served upon the chairman of the State Highway Board, or such other officer as may hereafter be vested with the supervision and control of said State highway system; and if said road or highway is under the supervision or control of county authorities, the notice of intention to condemn shall be addressed to and served upon the ordinary, chairman of the board of commissioners of roads and revenues, commissioner of roads and revenues, or such other officer as is by law vested with jurisdiction over and control of the public roads of the county in which said road to be condemned is located. The procedure in such condemnation of public roads and highways shall be the same as provided by the general laws of the State as now embodied

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in section 5206 et seq. of the Code of Georgia of 1910, and as the same may hereafter be amended, in so far as the same is not in conflict with the provisions of this Act; and the public officer or officers to be notified and served as aforesaid shall act for and in behalf of the State or county, as the case may be, in the appointment of an assessor and in all other respects as provided in said general law of the State with respect to the owner or owners of property sought to be condemned, and by providing that the new road to be constructed by the condemnor shall be laid out, constructed, and made ready for use and approved by the authorities before any public road under this Act can be used, and by defining what the terms public road or public highway shall include, as used in this Act or the Act which it amends, and by enacting a new repealing clause to be known as section five. Section 1. 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 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 affected, approved December 7, 1897, and as amended by an Act of the General Assembly of this State, authorizing such corporation or individual to acquire by purchase or condemnation the right to flood private roads and to acquire by condemnation the right to flood public roads or highways in the manner and upon the terms and conditions as therein fully provided for, approved August 22, 1925, be and the same is hereby

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amended by repealing section four of said Act, which is the repealing clause, and by adding to said Act a new section to be known as section four, and by enacting a new repealing clause to be known as section five, and said sections to read as follows: Acts amended. Sec. 4. Where any proceeding to condemn a public road or highway is instituted, if the same is a part of the State highway system, or jurisdiction or control thereof has been taken over or assumed by the State Highway Board or other State authority, the notice of intention to condemn shall be addressed to and served upon the chairman of the State Highway Board or such other officer as may hereafter be vested with the supervision and control of said State highway system; and if said road or highway is under the supervision or control of county authorities, the notice of intention to condemn shall be addressed to and served upon the ordinary, chairman of the board of commissioners of roads and revenues, commissioner of roads and revenues, or such other officer as is by law vested with jurisdiction over and control of the public roads of the county in which said road to be condemned is located. The procedure in such condemnation of public roads and highways shall be the same as provided by the general laws of the State, as now embodied in section 5206 et seq. of the Code of Georgia of 1910, and as the same may hereafter be amended, in so far as the same is not in conflict with the provisions of this Act; and the public officer or officers to be notified and served as aforesaid shall act for and in behalf of the State or county, as the case may be, in the appointment of an assessor and in all other respects as provided in said general law of the State with respect to the owner or owners of property sought to be condemned. Provided, however, before any public road condemned under the provisions of this Act can be used by the condemnor, the new road, including any and all bridges and culverts that may be necessary as a part thereof, shall be laid out and constructed by the condemnor and by the condemnor made ready for use by the public, all of which

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new construction shall be approved by the authorities having control of the road condemned; and provided further that the terms public road or public highway, whenever used in this Act or the Act which it amends, shall include not only highways and roads proper, but bridges, culverts, and appurtenances as well. Additional Section. Condemnation of road or highway for power plant generating electricity. Meaning of public road, Public highway. Sec. 5. 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 23, 1927.

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PART II.LOCAL AND SPECIAL LAWS.

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TITLE I. CITY, COUNTY, AND MUNICIPAL COURTS. ACTS. Albany City Court Judge's Salary. Alma City Court Abolished. Atlanta City Court Judge's Salary. Atlanta Criminal Court Judges and Jurors. Atlanta Criminal Court Judge's Salary. Atlanta Municipal Court; Amending Act. Atlanta Municipal Court Exceptions and Jurors. Bainbridge City Court Accusations. Barnesville City Court Abolished. Baxley City Court Judge. Blackshear City Court Terms. Blakely City Court Foreclosures. Brantley County Court, Method to Abolish. Brunswick City Court Salaries. Decatur City Court; Election of Judge and Solicitor. Floyd City Court, Election to Abolish. Fort Gaines City Court, Election to Abolish. Jesup City Court Judge and Sheriff. Jonesboro City Court Established. Ludowici City Court Judge's Salary. Macon City Court Judge's Salary. Macon Municipal Court Salaries. Morgan City Court Sheriff's Cost. Nashville City Court; Custody of Fines, etc. Pembroke City Court; Referendum. Polk City Court Judge's Salary. Quitman City Court Judge's Salary. Reidsville City Court Fees. Sandersville City Court Salary and Fees. Savannah City Court; Amending Act. Savannah Municipal Court; Amending Act. Soperton City Court; Amending Act. Swainsboro City Court Salaries. Tifton City Court Abolished. Wrightsville City Court Solicitor and Jurors.

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ALBANY CITY COURT JUDGE'S SALARY. No. 30. 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 the officers thereof, to define their powers and duties, and for other purposes (approved December 16, 1897), and Acts amendatory thereof (approved December 20, 1898, and August 5, 1904), so as to increase the salary of the Judge of the City Court of Albany, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to establish 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 the officers thereof, to define their powers and duties, and for other purposes (approved December 16, 1897) and Acts amendatory thereof (approved December 20, 1898, and August 5, 1904), be and the same are hereby amended so as to increase the salary of the Judge of the City Court of Albany from the sum of $3,000.00 per annum to the sum of $4,000.00 per annum as salary for his services, and that the same be paid out of the treasury of said county, and that the same shall be paid monthly, and said increase shall be and said salary shall be increased beginning July 1, 1927. Salary, $4,000. Sec. 2. That all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Approved July 19, 1927. ALMA CITY COURT ABOLISHED. No. 350. An Act to repeal an Act entitled An Act to establish the City Court of Alma in Bacon County, in and for the

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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 error 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, approved August 3, 1925. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act that an Act entitled 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 error 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, approved August 3, 1925, be and the same is hereby repealed. Repeal of Act establishing court. Sec. 2. Be it further enacted by the authority aforesaid, that all records, cases, and matters of all kinds pending in said City Court of Alma shall be and the same are hereby transferred, and made returnable to, the Superior Court of Bacon County, to be disposed of in said Superior Court in the same manner as though originally brought therein. Transfer of cases, etc. 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, 1927.

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ATLANTA CITY COURT JUDGE'S SALARY. No. 17. An Act to amend an Act fixing the salary of judges of the city courts of the State in counties having therein a city with a population of not less than 175,000, and providing for the payment of such salaries, approved August 2, 1924, so as to provide for an annual salary of $12,000.00; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 1 of the Act approved August 2, 1924, (Ga. Laws 1924, page 80), fixing the salary of the judges of the city courts of the State in counties having therein a city with a population of not less than 175,000, and providing for the payment of such salaries, be and the same is hereby amended by striking from said section in the sixth line thereof the figures $10,000.00, and inserting in lieu thereof the figures $12,000.00, and by striking from the seventh line of said section the words and figures, 1st day of October, 1924, and inserting in lieu thereof the words, passage of this Act, so that said section as so amended shall read as follows: City court judge's salary, $12,000. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the judge of the city court in all counties having therein a city with a population of not less than 175,000 according to the latest United States census, shall have an annual salary of $12,000.00 from and after the passage of this Act, payable in monthly installments out of the treasury in such counties, in the same manner as judges of such counties are now paid. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 15, 1927.

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ATLANTA CRIMINAL COURT JUDGES AND JURORS. No. 15. An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, passed December 15th, 1871, and Acts amendatory thereof, and for other purposes, approved September 6th, 1891, and Acts amendatory thereof, as amended by the Act approved July 22nd, 1924, and as further amended by the Act approved August 26th, 1925, by striking section 1 of the amendatory Act approved August 26th, 1925, and substituting therefor two new sections, so as to provide for additional judges and jurors in said court when required; 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 the Act approved August 26th, 1925, amending section 17 of the Act approved September 6th, 1891, creating the Criminal Court of Atlanta, as amended, be and the same is hereby further amended by striking section 1 of the amendatory Act approved August 26th, 1925, and substituting in lieu thereof an entirely new section to be known as section 17, so that said section when so amended shall read as follows: 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, and when the services of a Judge or Judges 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 or Judges 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 or Judges of said court to preside in the Criminal Court of Atlanta until such time

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as the services of such Judge or Judges 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. Judges of City court and Municipal Court may preside in Criminal Court of Atlanta, When. Sec. 2. Be it further enacted, that in order to provide additional jurors to serve in the Criminal Court of Atlanta under the Judges made competent to preside in said court by the terms of this Act, the Judge of the Criminal Court of Atlanta is hereby authorized to draw, from time to time, such additional panels of jurors as in his discretion he may deem necessary, who shall serve under such Judges, or any of them, whose services are made available by this Act for such period of time as such Judge or Judges may be presiding in said court. Additional jurors. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 14, 1927. ATLANTA CRIMINAL COURT JUDGE'S SALARY. No. 18. An Act to amend An Act approved July 15, 1924, (Ga. Laws 1924, page 220), amending an Act approved July 19, 1920, amending an Act entitled An Act to establish the Criminal Court of Atlanta, etc., approved September 6, 1891, so as to increase the salary of the Judge of said Court, and for other purposes, by providing for an increase in the salary of the Judge of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, section three of the amendment approved July 31, 1906, of the Act approved September 6, 1891, creating the Criminal

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Court of Atlanta, as amended by the Act approved July 19, 1920, and as further amended by the Act approved July 15, 1924, (Ga. Laws 1924, page 220), be and the same is hereby amended by striking from the first and second lines of said section the words, ten thousand, and inserting in lieu thereof the words, twelve thousand, so that said section when so amended shall read as follows: Criminal judge's salary $12,000. Sec. 3. The salary of said Judge shall be $12,000.00 per annum, payable monthly out of the treasury of Fulton County. Said Judge before entering on the duties of his office, shall take and subscribe before the Governor an oath faithfully and impartially to discharge such duties to the best of his ability and understanding, and agreeable to the Constitution of this State and of the United States, and to support said Constitution. 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 15, 1927. ATLANTA MUNICIPAL COURT; AMENDING ACT. No. 247. An Act to amend an Act entitled Municipal Court of Atlanta, Establishment of, to define its powers, fix its jurisdiction, procedure, and practice, etc., and for other purposes, approved August 20, 1913, and all Acts amendatory thereof, to repeal sections 6 and 9 of said Act and substitute therefor, to increase jurisdiction of DeKalb Division of said court, to provide for jury trials in said DeKalb Division of said court, to fix qualifications of Judges, and to increase and fix costs, to require deposit on cost on all suits filed in said section of said court, to provide for court-room, clerks, blanks and forms; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, section 6 of an Act approved August 20, 1913, establishing the Municipal Court of Atlanta (Georgia Laws 1913 page 147), be and the same is hereby repealed, and the following substituted therefor: DeKalb Division of Municipal Court, amendments as to. Sec. 6. That any attorney at law who has been practicing law for a period of two years and who is a qualified elector and a resident of DeKalb County inside the City of Atlanta, shall be eligible to hold the office as Judge of the Municipal Court of Atlanta, DeKalb Division, and nothing herein contained shall prevent said judge or judges from practicing as an attorney at law or engaging in any other business; provided, however, that neither of said Judges shall practice law in the DeKalb Section of the Municipal Court of Atlanta while holding the office of Judge thereof. Judge must be attorney; other qualifications. Sec. 2. Be it enacted by the authority aforesaid, that from and after the passage of this Act, section 9 of an Act of 1913, creating the Municipal Court of Atlanta, approved August 20, 1913, (Ga. Laws 1913, page 148), be and the same is hereby repealed, and the following section is substituted therefor: Sec. 9 (a) The DeKalb Division of the Municipal Court of Atlanta shall have all the jurisdiction as to subject-matter now exercised by justices of the peace and justice courts in Georgia, and in addition thereto shall have jurisdiction to try and dispose of all civil cases of whatever nature, except injuries to the person or the reputation, concurrent with the Superior Courts, including not only such suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the Superior Courts of this State, or justice courts, either under the common, law or by statute, including, among others, attachment and garnishment proceedings, illegalities counter-affidavits to any proceedings from said court, statutory

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awards, proceedings against intruders and tenants holding ever, partition of personality, trover and bail, distress warrants and issues thereon, foreclosures of all liens and mortgages on personal property, possessory warrants, and other like proceedings and processes wherein the principal sum sworn to, sued for, or claimed to be due, exclusive of interest, costs, and attorney's fees, or the value of the property sued for, does not exceed $500.00, and of which jurisdiction is not vested exclusively in other courts by the constitution of the State of Georgia, and except extraordinary remedies as are now defined in sections 5440 to 5505, inclusive, of the Code of 1910; and the practice and procedure shall be and remain the same as that now in vogue in the justice courts in the State of Georgia, except as set out in sub-section 9 (b) and section 9 (c) hereof. Jurisdiction of DeKalb Division enlarged. Sec. 9(b). Be it further enacted by the authority aforesaid, that from and after the passage of this Act the party plaintiff when filing such suit or other proceeding in the DeKalb Division of the Municipal Court of Atlanta will be required to make a deposit of $2.00 to said court as costs of suit; provided, however, that such deposit shall not be required of any person who shall subscribe to an affidavit to the effect that from his poverty he is unable to pay the same; and provided further, that if the party making such deposit finally prevails in such proceeding, the amount of said deposit shall be taxed as part of the costs against the losing party, and, if recovered, shall be refunded to the party so depositing the same, after all costs have been paid. Costs shall be charged and collected by said courts as follows: Filing and docketing each suit, where amount involved is $100.00 or less, $1.00; where amount involved is over $100.00, $1.50; for filing answer and appearance to any suit of garnishment,.25; for each search and return nulla bona,.50; for each arrest in bail trover cases, $3.00. In all cases not herein provided for, where the amount or subject-matter involved is within the jurisdiction of justice courts as now defined, the items of costs prescribed in sections 6003 and 6006 of the Code of 1910, shall be charged and collected;

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in all other cases the items of cost prescribed in sections 5995 and 5997 of the Code of 1910 shall be charged and collected. The costs in criminal matters in said court and before the judges thereof, shall be the same as now provided for by law in criminal matters in justice's courts and before justices of the peace, except arrest, which shall be $3.00, and taking bond in such matters shall be $2.00. Costs; amount and deposit. Sec. 9(c). Be it further enacted by the authority aforesaid, that upon the filing of any civil action in said court, the plaintiff or his attorney of record may file with the original action a written demand for trial by jury in said court, and in the absence of such demand said plaintiff shall be held to have waived a trial by jury. The defendant in such action may file a written demand for trial by jury on or before the day upon which he is required to appear in court in response to said proceeding, and upon such defendant's failure thereupon to demand a trial by jury he will be held to have waived the same; provided, however, where neither party demands a jury trial, the judge of said court shall have the right, on his own motion and in his discretion, to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or may refer any issue of fact to a jury for the rendering of a special verdit on such issue, said jury trial to be had in all other respects as if demanded by a party to said cause; provided further, where a defense is filed on or before the answer day, the plaintiff in any cause of action shall have the right to demand a trial by jury on said answer day or on the following day. A jury trial once demanded by either party shall not be waived except by written consent of the opposite party; provided further, that when neither party demands a jury trial and the issue has not been referred to a jury by the judge of said court, either of the parties litigant being dissatisfied with the judgment rendered thereon shall have the right of appeal to a jury as in a justice court, regardless of the amount involved. Trial by judge without jury; demand for jury. Sec. 3. Be it further enacted by the authority aforesaid, that in all cases of default, the judge before whom

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same was filed, in the DeKalb Division of the Municipal Court of Atlanta, may enter judgment without any call of the docket on or after the day on which the action in default is returnable; provided, that any party against whom a judgment by default shall be rendered and who shall file with the judge of said court an affidavit that he has, as he is advised and believes, a good defense, and that he is is not seeking to open the default for delay only, may, as a matter of right, have said default opened, and the judgment rendered thereon set aside at any time within five days from the rendition thereof; provided, further, that if upon the hearing the court shall determine that said default was opened for delay only, the judgment shall be entered against such party for double the regular costs. Sec. 4. Be it further enacted by the authority aforesaid, that the judges of said DeKalb Division of the Municipal Court of Atlanta may meet and prepare and promulgate such rules of procedure and practice, not inconsistent with the laws of this State, as may, in their discretion, be necessary, to carry on and facilitate the business of said court. Said rules may be changed or modified from time to time, and shall be binding upon the officers of said court, to attorneys practicing, parties litigating, and witnesses attending therein. Such rules may be printed after their adoption, and furnished, upon application, to the members of the bar and the public generally. Adoption of rules of practice. Sec. 5. Be it further enacted by the authority aforesaid, that each of the judges of the DeKalb Division of said court may, in his discretion, appoint a clerk, and said clerk to hold office during the pleasure of the appointing judge, and said clerk is to be compensated by the appointing judge. Said clerk shall have authority to file all papers, suits, etc., sign all summons, warrants, and executions, and make all necessary records and entries on the docket, and to perform such other duties as may be prescribed in the rules promulgated by said judge, not inconsistent with the law. Clerk; appointment, duties.

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Sec. 7. Be it further enacted by the authority aforesaid, that the County of DeKalb shall have authority to select and provide a suitable court-room and adequate facilities for the DeKalb Division of said court at some suitable and accessible place within the district of this court, and the county may provide and have printed at the expense of the county all necessary dockets, blanks and forms, for the use of the DeKalb Division of said court. Said blanks and forms used may be similar to those in use in the Fulton Section of said court. Court-room; location, Supplies. Sec. 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 15, 1927. ATLANTA MUNICIPAL COURT; EXCEPTIONS AND JURORS. No. 250. An Act to amend an Act approved August 20, 1913 (Acts of 1913, page 145), and an Act amendatory thereto approved July 31, 1925 (Acts 1925, page 370), so as to provide for bills of exceptions from the trial court of the appellate division of the municipal court of Atlanta, and so as to provide for a change in the matter of drawing jurors in said court, and to provide for a change in compensation for jurors in said court; and for other purposes. Section 1. Be it enacted by the General Assembly and it is hereby enacted by authority of same that an Act of the Legislature, approved August 20, 1913, creating the municipal court of Atlanta, appearing in the Acts of 1913, page 145 et sequentia, and the Act amendatory thereto, approved July 31, 1925, appearing on page 370 of the Georgia Laws of 1925, be and the same is hereby amended by adding to section 42(b), which appears in said amendatory Act of 1925 on page 384 of said published Acts,

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the words: all rulings of the trial court which under the practice in the Superior Courts would be the subject-matter of final bill of exceptions, cross-bil of exceptions, or exceptions pendente lite shall likewise be the subject-matter of such exceptions in this court, and such exceptions shall be presented to the trial court within ten days from the date of the ruling complained of, and certified to by the trial court and ordered filed and transmitted to the Appellate Division of said court after final judgment in the trial court, as elsewhere herein provided for in case of appeals.' Exceptions, time of filing; transmission to Appellate Division. Sec. 2. Said Act approved August 20, 1913, as amended by said Act approved July 31, 1925, is further amended by striking from line 13 in section 40 of said amendatory Act approved July 31, 1925, which said section appears on page 381 of said published Acts, the words twelve jurors, and inserting in lieu thereof the words, as many jurors as may be necessary, and by striking the word twelve in line ten on page 382 of said section 40 and by striking from said section 40 the words, each juror shall receive the sum of $2.00 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, and inserting in lieu thereof the words: The jurors serving in said court shall receive, as compensation for their service, the same amount received by jurors serving in the superior court of Fulton County, the same to be paid under the rules governing the payment of superior court jurors, so that said section 40 of said Act of 1925 as amended will read as follows: Number of jurors to be drawn Pay of juror. same as in superior court. Sec. 40. Be it further enacted by the 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

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the same and place the same in a box to be prepared for that purpose, from which shall be drawn by the chief judge of said court, as many jurors as may be necessary, in the manner as required by law in the superior courts, for each division of said court trying jury business. As many divisions of said court as may be necessary may sit 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 court, 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 jurors drawn and summoned, as above provided, there shall be impaneled 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. All jurors serving in said court shall receive, as compensation for their services, the same amount received by jurors serving in the Superior Court of Fulton County, 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. To read. Sec. 3. All laws or parts thereof in conflict with this Act are hereby repealed. Approved August 18, 1927. BAINBRIDGE CITY COURT ACCUSATIONS. No. 6. An Act to amend an Act entitled An Act to establish the City Court of Bainbridge in the City of Bainbridge in

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and for the County of Decatur; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of judge and other officers thereof, and for other purposes, approved November 27, 1900, so as to require the filing of accusations in said City Court within sixty days after the arrest of, or giving of bond by, the defendant; 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 28 of said Act entitled An Act to establish the City Court of Bainbridge in the City of Bainbridge in and for the County of Decatur; to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof; and for other purposes, approved November 27, 1900, is hereby amended by adding thereto the following, to wit: That accusations must be filed upon all warrants returnable to said City Court of Bainbridge within sixty days after the arrest of, or giving of bond by, the defendant; and if said accusations is not filed within the time aforesaid, the defendant may not be tried in the City Court of Bainbridge upon the charge for which the warrant issued, except upon indictment by the grand jury. Accusations; time of filing. 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 13, 1927. BARNESVILLE CITY COURT ABOLISHED. No. 145. An Act to repeal an Act entitled An Act to create and establish the City Court of Barnesville, in and for Lamar County, Georgia, to be held in the City of Barnesville,

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in and for said county; to define its jurisdiction and powers, to regulate proceedings therein; and for other purposes, approved August 10, 1921, and to abolish the City Court of Barnesville, in Lamar County, Georgia; to provide for the disposition of all books, papers, records, dockets, minutes, suits, and cases pending therein, and all matters pertaining thereto; and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from the first day of January, 1929, the Act to establish the City Court of Barnesville, in Lamar County, Georgia, approved August 10, 1921, being entitled An Act to create and establish the City Court of Barnesville, in and for Lamar County, Georgia, to be held in the City of Barnesville, in and for said county; to define its jurisdiction and powers; to regulate proceedings therein; and for other purposes, be and the same is hereby repealed, and that said City Court of Barnesville is hereby abolished. Barnesville city court abolished. Sec. 2. Be it further enacted by the authority aforesaid, that all the business, both civil and criminal, pending in said city court at the time that this Act goes into effect be transferred for trial and disposition to the Superior Court of said Lamar County, and that the clerk of said City Court of Barnesville and all officers of said city court are hereby directed and required to turn over to the clerk of the Superior Court of Lamar County Georgia, all papers in all cases, both civil and criminal, pending in said court at the time this Act takes effect to the clerk of the Superior Court of Lamar County, and that all dockets, minutes, books and other records, original papers, and all other documents and papers of said city court or pertaining thereto shall be by the clerk and sheriff of said city court deposited with the clerk of the superior court of said county, and there be kept as a part of the records of the same. Transfer of business, etc. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that

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this Act shall take effect and become operative on January 1, 1929. Effective Jan. 1, 1929. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1927. BAXLEY CITY COURT JUDGE. No. 195. An Act to amend an Act approved December 1, 1897, entitled An Act to establish the City Court of Baxley, in Appling County, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, and the several amendatory Acts thereof. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that section 4 of the aforesaid Act approved December 1, 1897, and section 1 of the amendatory Act thereof approved August 22nd, 1905, be and the same are hereby amended as follows: by striking the words and figures eight hundred dollars ($800.00), which appear immediately after the word salary of in the fifteenth line of section 4 of the aforesaid Act, and in the 27th line of section 1 of the said amendatory Act, and by adding in lieu thereof the words and figures twelve hundred dollars ($1,200.00), so that the last sentence of said original Act and said amendatory Act thereof shall read as follows: The judge of said City Court of Baxley shall receive a salary of twelve hundred dollars ($1,200.00) per year, which shall not be increased or diminished during his term of office, and shall

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be paid monthly out of the treasury of the County of Appling. Judge's salary, $1,200. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that section 5 of said original Act approved December 1, 1897, and the amendatory Act thereof approved August 22, 1905, be and the same are hereby amended as follows: by striking the word four, appearing in the fifth line of section 5 of the original Act approved December 1, 1897, and appearing in section 2 of the amendatory Act aforesaid, approved August 22, 1905, and in the tenth, fifteenth, and seventeenth lines thereof, and immediately after the word least in said lines, and by inserting the word two in lieu thereof, so that said Act and the amendatory Act thereof, when amended, shall read in part as follows: Section 5. Be it enacted by the authority aforesaid, that any person who shall be elected judge of said city court must be, at the time of said election, at least twenty-four years of age; he shall also have been a resident of Appling County at least two years immediately preceding his election, and of good moral character, and must have practiced law at least two years immediately preceding his election. Judge's qualifications. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. BLACKSHEAR CITY COURT TERMS. No. 98. An Act to amend an Act entitled An Act to establish the City Court of Blackshear in and for the County of Pierce; to define its jurisdiction; to provide for the appointment of a judge, solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said city court to the Court of

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Appeals by bill of exceptions or writ of error; and for other purposes, approved August 15, 1911. Section 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 referred to in the caption of this Act, contained in the Acts of 1911, pages 210 to 229, inclusive, be and the same is hereby amended by striking from said Act section 11 thereof in its entirety, which reads as follows: Sec. 11. Be it further enacted by the authority aforesaid, that the terms of said city court shall be quarterly. The time for holding said court shall be on the second Monday in March, June, September, and December, the term of said court shall be held at the court-house in the City of Blackshear, in the County of Pierce, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same place at any other time than the regular terms, for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interests of the State and accused, and may also hold adjourned terms for the regular terms of said city court, for which he may draw new juries or require the attendance of the same jury, as in his sound legal discretion may seem best. Said city court judge may also set cases for trial at convenient times, and the same may be tried as of the terms, whether court has been held from day to day until such time or not, and inserting in lieu thereof the following: Ga. L. 1911, p. 210; sec. 11 stricken; substitute. Sec. 11. Be it further enacted by the authority aforesaid, that the terms of said city court shall be quarterly. The time for holding said court shall be on the fourth Monday in February, the third Monday in May, and the fourth Mondays in August and November in each year. The said terms of said court shall be held at the court-house in the City of Blackshear and the County of Pierce. The said city court shall continue in session at the regular terms until the business pending is disposed of, unless sooner

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adjourned for good cause. If any term of said court is to be continued in session for longer than one week, the judge of said city court may, in his discretion, draw new juries for each week the s id court is to be in session, or may use the same jury throughout any term. The judge of said city court shall, in his discretion, hold his court at the same place at any other time than the regular terms for the transaction of any criminal business which does not require a jury. He may also hold adjourned terms for the regular terms of said city court, or special terms of said court, for which he may draw new juries, or require the attendance of the same juries, as in his sound legal discretion may seem best. Terms of court. 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 1, 1927. BLAKELY CITY COURT FORECLOSURES. No. 64. An Act to amend the Act of 1906, page 161, creating the City Court of Blakely, and for other purposes. Section 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 1906, page 161, creating the City Court of Blakely, be and the same is hereby amended by striking from the last sentence of section 3 thereof the words to foreclose mortgages on personality. Foreclosures. Sec. 2. Be it further enacted by the authority aforesaid, that said Act of 1906, page 161, be further amended by adding to section 5 thereof the words and said clerk shall have authority to foreclose mortgages on personality and issue chattel-mortgage fi. fas. in the same manner as a clerk of the Superior Court. Clerk's authority to foreclose.

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Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 27, 1927. BRANTLEY COUNTY COURT, METHOD TO ABOLISH. No. 214. An Act to provide a method for the abolition of the County Court of Brantley, established under the provisions of section 4775(a) of volume 4 of the Code of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the County Court of Brantley County, established under the provisions of section 4775(a) of volume 4 of the Code of Georgia, may be abolished by resolution of the majority of the grand jury of the county, whenever it may deem such action to the best interest of the county. Abolition of county court by grand jury. 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 15, 1927. BRUNSWICK CITY COURT SALARIES. No. 180. An Act to amend an Act entitled An Act to establish the City Court of Brunswick in and for the County of Glynn, approved December 9th, 1895, and to amend an Act amendatory thereof approved August 20, 1906, so as to change the salaries of the Judge, Solicitor, Sheriff, and Clerk of said court; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that section 4 of said above-entitled Act approved December 9, 1895, be amended by striking therefrom the words fifteen hundred dollars and substituting in lieu thereof the words and figures four thousand dollars ($4,000.00), so that the salary of the Judge of said City Court of Brunswick shall be four thousand dollars per annum, payable monthly at the times and by the means provided in said section 4; and that said section 4 be further amended by adding at the end thereof the following words: The Judge of said City Court of Brunswick shall not engage in the practice of law while holding the office as judge of said court. The provisions of this section shall go into effect and become operative on and after the first day of January, 1928. Judge's salary, $4,000. Judge not to practice law. Sec. 2. Be it further enacted, by the authority aforesaid, that section 3 of said above-entitled Act approved August 20, 1906, be amended by striking therefrom the words and figures fifteen hundred dollars ($1,500.00), and substituting in lieu thereof the words and figures eighteen hundred dollars ($1,800.00), so that the salary of the Solicitor of said City Court of Brunswick shall be eighteen hundred dollars per annum, payable monthly at the times and by the means provided in said section 3. The provisions of this section shall go into effect and become operative on and after January 1st, 1928. Solicitor's salary, $1,800. Sec. 3. Be it further enacted by the authority aforesaid, that section 4 of said above-entitled Act approved August 20, 1906, be amended by striking from said section the words and figures nine hundred dollars ($900.00), and substituting in lieu thereof the words and figures fifteen hundred dollars ($1,500.00), so that the salary of the Clerk of said City Court of Brunswick shall be fifteen hundred dollars per annum, payable monthly at the times and by the means provided in said section 4. And that said section 4 be further amended by striking therefrom the words and figures eight hundred dollars ($800.00), and

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substituting in lieu thereof the words and figures twelve hundred dollars ($1200.00), so that the salary of the Sheriff of said City Court of Brunswick shall be twelve hundred dollars per annum, payable monthly at the times and by the means provided in said section 4. The provisions of this section shall go into effect and become operative on and after the 1st day of January, 1928. Clerk's salary, $1,500. Sheriff's salary, $1,200. Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 11, 1927. DECATUR CITY COURT; ELECTION OF JUDGE AND SOLICITOR. No. 100. 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 Solicitors of said court; and for other purposes, approved August 16th, 1922, by providing that after December 31st, 1930, the Judge and Solicitor of City Court of Decatur shall not hold office by appointment, but shall be elected by the qualified voters of DeKalb 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 An Act to create and establish the City Court of Decatur; to define the jurisdiction thereof; to fix the terms of said court and prescribe the practice and methods of procedure therein; to provide for the appointment of the Judge and Solicitor of said court; and for other purposes, approved August 16th, 1922, and set forth in the Acts of 1922 on pages 248 to 253, inclusive, be and the same is

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hereby amended by striking from section 14 of said Act the first sentence thereof, as follows: Be it further enacted, that the Judge of said City Court of Decatur shall be appointed by the Governor for a term of four years, and inserting in lieu thereof the following: Be it further enacted, that the Judge of said City Court of Decatur shall be elected by the qualified voters of DeKalb County for a term of four years. Election of judge. Sec. 2. Be it further enacted by authority of the same, that section 15 of said Act approved August 16th, 1922, be and the same is hereby amended by striking from said section 15 the first sentence thereof, as follows: Be it furthere enacted by the authority of same, that the Solicitor of said City Court of Decatur shall be appointed by the Governor for a term of four years, and by inserting in lieu thereof the following: Be it further enacted by authority of the same, that the Solicitor of said City Court of Decatur shall be elected by the qualified voters of DeKalb County for a term of four years. Election of solicitor. Sec. 3. Be it further enacted by authority of the same, that said Act approved August 16th, 1922, be and the same is hereby amended by inserting after section 15 of said Act a new section to be known as section 15A, as follows: Be it further enacted by the authority aforesaid that the present Judge of said City Court of Decatur and the present Solicitor of said court shall hold their respective offices through December 31st, 1930, and thereafter the offices of Judge and Solicitor of said court shall be filled by a Judge and a Solicitor elected by the qualified voters of DeKalb County. Elections under this Act shall be held every four years, and shall be held at the same time and place and under the same rules and regulations as primary and general elections are held for members of the General Assembly of Georgia, except as to length of terms of office, which shall be four years, as aforesaid. The first election hereunder shall be in 1930, and the Judge and the Solicitor so elected shall enter upon the discharge of the duties of their respective offices on January 1st, 1931, or as soon

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thereafter as they may be qualified. Should a vacancy occur in either of said offices before December 31st, 1930, such unexpired term up to and including December 31, 1930, shall be filled by appointment in the manner now prescribed by law. Terms of judge and solicitor. Mode of election. Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1927. FLOYD CITY COURT, ELECTION TO ABOLISH, No. 217. An Act to provide for the abolishment of the City Court of Floyd County, Georgia, to provide for the abolishment of the office of Solicitor of said court and of the office of the Judge of said court, to provide the time when said court shall be abolished; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the first day of January, 1929, the office of the Solicitor of the City Court of Floyd County, Georgia, be and the same is hereby abolished, and the duties of said office shall thereafter devolve upon and be exercised by the Solicitor-General of the Rome Judicial Circuit, who shall perform all of the duties now devolving upon the Solicitor of said City Court, and shall be entitled to have the same compensation and fees now allowed to said Solicitor of said City Court, or such salary or other compensation as may be provided for said Solicitor-General of said Judicial Circuit. Office of Solicitor abolished; Solicitor-General substituted. Sec. 2. Be it further enacted by the authority aforesaid, that on and after the 6th day of October, 1931, the said City Court of Floyd County, Georgia, shall be and the same is hereby abolished, and the office of Judge of said court is hereby abolished on and after said date, and said

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court shall thereafter cease to exist; and all cases, both civil and criminal, pending therein on said date, shall be transferred to the docket of the Superior Court of Floyd County, Georgia, and shall thereafter stand for trial in said court in the same manner as though said causes had originated therein, and all motions then pending in said court shall likewise be transferred to said Superior Court of Floyd County, Georgia, and the judge thereof is hereby given full jurisdiction over same in as full and complete a manner as the Judge of said City Court had and held same, and the rights of all parties litigant in any and all of said matters pending in said City Court are hereby fully reserved, and said Superior Court of Floyd County, Georgia, is hereby vested with full jurisdiction to protect same. Abolition of court; effective Oct. 6, 1931, if ratified. Transfer of business, etc. Sec. 3. Be it further enacted by the authority aforesaid, that this Act shall become effective only when ratified at an election to be held in Floyd County, Georgia, within four months from the passage of this Act, unless delayed by litigation, in which event said election shall be held as soon as may be after said litigation is removed. Said election shall be called by the Ordinary of Floyd County, Georgia, of which at least thirty days' notice shall be given, and at which all qualified voters of said county may vote. The ballots shall have written or printed on them For the abolishment of Floyd City Court, and Against the abolishment of Floyd City Court. If a majority of ballots cast shall be for the abolishment of said City Court of Floyd County, Georgia, the result shall be declared, certified, and published by the Ordinary, and this Act shall go into effect. Otherwise, this Act shall be null and void. The expense of said election shall be paid by the proper authorities out of the treasury of Floyd County, Georgia. Election to ratify. 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 15, 1927.

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FORT GAINES CITY COURT, ELECTION TO ABOLISH. No. 94. An Act to repeal an Act entitled An Act to establish the City Court of Ft. Gaines in and for the County of Clay; to define its powers, jurisdiction, procedure, and practice; to provide for a judge and solicitor and other officers of said court; to define their powers and duties and fix their compensation; and for other purposes, approved, August 22, 1907, as found on pages 182 to 193 of the Acts of the Legislature of 1907; and also to repeal laws amendatory of or in relation to said Act; and to abolish said city court, and to provide for the disposition of business pending in said city court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Act approved August 22, 1907, establishing the City Court of Ft. Gaines in and for the County of Clay, and all Acts amending said Act heretofore referred to in above caption, are hereby repealed. Abolition of court, subject to ratification. Sec. 2. Be it further enacted, that all suits pending in said City Court of Ft. Gaines are hereby transferred to the Superior Court of Clay County, and all judgments and executions heretofore rendered in and by said city court of Ft. Gaines are hereby kept alive and of full force and vigor, and that all such executions and all mense and final processes of said City Court of Ft. Gaines and all claims, illegalities, and other issues arising from the execution of such processes and fi. fas., shall be eturnable and determinable as though same had issued from the Superior Court of Clay County. Transfer of suits, etc. Sec. 3. Be it further enacted, that all criminal cases founded upon indictments pending in said City Court of Ft. Gaines when this Act shall become effective shall be transferred to the Superior Court of Clay County.

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Sec. 4. Be it further enacted, that all dockets, minutes, records, books, and papers of the City Court of Ft. Gaines shall be held by the clerk of the Superior Court of Clay County as part of the records of that court. Records. Sec. 5. Be it further enacted by the authority aforesaid, that this Act shall go into effect after the next general election for Governor and State-house officers is held; provided that its provisions shall not become effective and of force unless ratified by a majority of the votes cast by the qualified voters of Clay County at the next election for Governor, State-house officers, and members of the General Assembly. At said election voters who wish to cast ballots for the approval of this Act shall have written or printed thereon Against City Court, and those who wish to cast ballots against this Act shall have written or printed thereon For City Court. The result of this vote shall be declared by the managers of said election to the ordinary of Clay County, who shall under his hand and seal certify the result thereof to the Secretary of State. Effective if ratified at next general election. 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 1, 1927. JESUP CITY COURT JUDGE AND SHERIFF. No. 131. An Act to amend an Act establishing the City Court of Jesup in and for the County of Wayne; to provide for the judge thereof; to appoint a bailiff for said city court, to describe his duties and fix his term of office, together with his bond; to make provisions for acquiring another judge of another city court in this State to preside in disqualified cases; and for other purposes; which Act was approved July 31st, 1916.

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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 aforesaid, that section 7 in the Act approved July 31st, 1916, be amended as follows: By striking from said section in the eleventh line thereof, after the word office, all the remaining portion of said section, and adding in lieu thereof the following: The judge of the City Court of Jesup shall have the power to appoint a deputy sheriff or bailiff of the city court for the term of twelve months, and when so appointed such deputy or bailiff shall give bond in the sum of one thousand dollars each, for the faithful discharge of the duties of office, and otherwise comply with the laws of this State pertaining to deputy sheriff, and which bond shall be approved by the clerk of the city court and shall be filed with the ordinary of said county for record; and which deputy sheriff or bailiff of said city court shall be authorized to perform all of the duties of the sheriff of said city court, and to collect such cost as the sheriff of said city court is now entitled to under the laws of this State. The judge shall have the authority to dispense with the services of such officer, deputy or bailiff, at any time he sees proper. So that when section is amended it shall read as follows: Ga. L. 1916, P. 252, sec. 7 amended. Appointment of deputy sheriff or bailiff. Sec. 7. Be it further enacted by the authority aforesaid, that there shall be a sheriff of the City Court of Jesup, who shall be appointed by the judge of said court, who shall hold his office for a term of two years, and the sheriff of Wayne County shall be eligible to hold said office, and the sheriff so appointed, in his official connection with said court, shall be known as the sheriff of the City Court of Jesup. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security, in the sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office. The Judge of the City Court of Jesup shall have the power to appoint a deputy sheriff or bailiff of the city court for the term of twelve months, and when so appointed such deputy or bailiff shall give bond in the sum of one thousand dollars each, for the faithful discharge of the duties of office, and

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otherwise comply with the laws of this State pertaining to deputy sheriff, and which bond shall be approved by the clerk of the city court and shall be filed with the ordinary of said county for record. And which deputy sheriff or bailiff of said city court shall be authorized to perform all of the duties of the sheriff of said city court, and collect such cost as the sheriff of said city court is now entitled to under the law of this State. The judge shall have the authority to dispense with the services of such officer, deputy or bailiff, at any time he sees proper. To read. Sec. 2. Be it further enacted by authority aforesaid, that section 39 of said Act be amended by adding after the last word of said section the following: The judge of said city court shall be authorized to appoint any judge of any other city court in this State to preside in the trial of any and all disqualified cases in said court. So that when said section is amended it shall read as follows: Disqualification of judge; appointment of another. Sec. 39. Be it further enacted by authority aforesaid, that whenever the judge of said city court is from any cause disqualified from presiding, and the judge of the Superior Court cannot, from any cause, preside in said court, as provided for in the constitution of this State, then, upon the consent of the parties or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts of this State. The judge of said city court shall be authorized to appoint any judge of any other city court in this State to preside in the trial of any and all disqualified cases in said court. To read. Sec. 3. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 6, 1927. JONESBORO CITY COURT ESTABLISHED. No. 230. An Act to abolish the City Court of Jonesboro in and for the County of Clayton; to define its jurisdiction and

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powers; to provide for the election of a judge, solicitor, and other officers; to define the powers and duties of the judges and other officers thereof, and to fix their compensation; to provide for rules of practice and procedure in said court; to provide for new trials and writs of error therefrom; and to provide for the transfer of certain cases to said City Court of Jonesboro from the Superior Court of Clayton County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the City Court of Jonesboro to be located in the County of Clayton, in the City of Jonesboro, is hereby established and created, with civil and criminal jurisdiction of the whole County of Clayton concurrent with the superior court, to try and dispose of all civil cases of whatever nature wherein the principal claimed or involved is more than one hundred ($100.00) dollars, except those of which the constitution of this State has given the superior court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Clayton. That the jurisdiction conferred herein shall include not only the ordinary suits by petition and process, but also the other kind of suits and proceedings that now or may hereafter may be in use in the superior court, either under the common law or statutes, including, among others, attachment and garnishment proceedings, claims to personality, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, trover and bail-trover, foreclosure of mortgages and all liens on personalty, habeas-corpus proceedings, and quo warranto. The judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same powers as the judge of the superior court. City Court of Jonesboro created. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, that there shall be a judge of said City Court of Jonesboro,

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who shall be appointed by the Governor for a term of two years, beginning January 1st, 1928. Judge's appointment; term. Sec. 3. Be it further enacted by the authority aforesaid, that the judge of the City Court of Jonesboro shall receive a salary of five hundred and fifty ($550.00) dollars per annum, and shall be paid monthly out of the funds aris ng from the fines and forfeitures of said court, as hereinafter provided. The judge of said court shall as such receive no other compensation, but may practice law in any court except the City Court of Jonesboro, and may hold any office or offices except those he is expressly prohibited by law from holding. Salary of judge. 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 be at the time of qualification at least twenty-eight (28) years of age, a resident of Clayton County, Georgia, for one year immediately preceding his appointment, and must have practiced law for at least five 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 person, and do equal rights to rich and poor, and I will faithfully and impartially discharge all duties which may be required of me as judge of the City Court of Jonesboro according to the best of my ability and understanding agreeable to the laws and constitution of the United States and of the State of Georgia. So help me God. Which oath shall be filed with the executive department. Qualifications of judge. Oath. Sec. 5. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said City Court of Jonesboro, who shall be appointed by the Governor for the term of two years, beginning January 1, 1928. Solicitor; appointment, term. Sec. 6. Be it further enacted by the authority aforesaid, that the salary of the solicitor of said city court shall be four hundred and fifty ($450.00) dollars per annum, and shall be paid monthly out of the funds arising from fines and

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forfeitures of said court, as hereinafter provided. Said solicitor shall receive, for representing the State in the appellate courts of this State, the same compensation now paid by the State to solicitors-general of superior courts for like services, said fees to be paid by the State in the same manner that 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 office or offices, except those which he is expressly prohibited by law from holding. Salary of solicitor. 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 Jonesboro, unless he shall have arrived at the age of twenty-five years (25) at the time of his qualification, and shall have been a bona fide resident of Clayton County for at least one year immediately preceding his election or appointment, and shall be actively engaged in the practice of law. Said solicitor, before entering upon the duties of his office, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, and without favor or affection, discharge my duties as solicitor of the City Court of Jonesboro; 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. Solicitor's qualifications. Oath. Sec. 8. Be it further enacted by the authority aforesaid, that the clerk of the Superior Court of Clayton County shall be the clerk of the City Court of Jonesboro; 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 of superior court to be clerk of city court. Sec. 9. Be it further enacted by the authority aforesaid, that the sheriff of Clayton County shall be the sheriff of the City Court of Jonesboro. Before entering upon the discharge of his duties of the office of sheriff of said city

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court, said sheriff shall execute a bond with good security for the sum of $2,000.00 for the faithful discharge of his office. He shall have power to appoint a deputy or deputies with the consent of the judge of said court. It shall be the duty of the judge of said court to approve the bond given by the sheriff. The bond shall be in the same form as the usual bond given by the sheriff, and shall be filed with the ordinary of said county. Any deputy or deputies that said sheriff may have or may hereafter have shall also be deputy sheriffs of said city court. The sheriff of said court is authorized, with the approval of the judge of said court, to appoint at each term of court not exceeding two bailiffs as officers of said court, who shall receive for their services the sum of one dollar and fifty cents per day. Sheriff. Bond of sheriff. Deputies. Bailiffs; pay. Sec. 10. Be it further enacted by the authority aforesaid, that all the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff of the superior court shall attach to the offices of the clerk and the sheriff of the City Court of Jonesboro, respectively. And that the judge of the City Court of Jonesboro 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 of the superior court and sheriff. Duties of clerk and sheriff. Sec. 11. Be it further enacted by the authority aforesaid, that the clerk of the City Court of Jonesboro shall be paid the same fees as are allowed the clerks of the superior court for like services, and the sheriff of the city court shall be paid the same fees as are allowed the sheriff of Clayton County for services in the superior court, and the same sheriff and his deputies shall for all services receive the same fees as are allowed by the law for like services in the superior court of said county. Said fees in criminal cases shall be paid monthly out of the funds arising from the fines and forfeitures of said court, as hereinafter provided. The said clerk and said sheriff and deputies shall be amenable to the same process and penalties as they are now amenable to in the superior court, and they shall be entitled to the

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same remedies to enforce the collection of their fees and costs in said city court as they are now entited to in the superior court. Fees of officers. Sec. 12. Be it further enacted by the authority aforesaid, that the terms of the City Court of Jonesboro shall be as follows: The first court shall be held on the second Monday in January, 1928, and quarterly thereafter on the second Monday in January, April, July, and October of each year thereafter. The judge of said court shall have power to hold said court in session so long as in his judgment the same shall be necessary at each regular and adjourned term, and he shall also have power to order and hold adjourned terms of said court when in his judgment it is necessary, and to adjourn his regular term to such time as he shall deem best, and he shall have the same power as to holding adjourned and special terms of his court as judges of the superior court have. Terms of court. Sec. 13. Be it further enacted by the authority aforesaid, that suits in said city court shall in all respects be conformable to the mode of procedure in the superior courts, except as hereinafter provided, but process to writs shall be annexed of said city court, be attested in the name of the judge thereof, and be directed and served by the sheriff of the City Court of Jonesboro or his deputies thereof. Judgments may be taken at the appearance term of said court on all suits based on promissory notes, stipulating for attorney's fees, when the statutory notice has been given, for principal, interest, and attorneys fees, unless there is a defense filed to said suit. Procedure. Judgments at first term. Sec. 14. Be it further enacted by the authority aforesaid, that in all matters pertaining to service, pleadings, and practice, the laws governing the superior courts, when not inconsistent with this Act and unless specially provided by this Act, shall be applicable to said city court. Laws as to superior court applied. Sec. 15. Be it further enacted by the authority aforesaid, that all cases, both civil and criminal, over which the court has jurisdiction, shall be tried by the judge without

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a jury, unless one party to the case shall in writing demand a trial by a jury, and in that case a trial shall be had by a jury of six (6) as hereinafter provided, unless always in any case one of the parties to a case, either civil or criminal, shall be entitled to a jury of twelve by entering a demand therefor in writing on or before the call of the docket at the term to which said cause is returnable, or in a criminal case by the State or defendant at the time the case is called and both parties have announced ready. The clerk of said court shall keep blank forms of demand for trial by a jury; and when a jury of twelve is not especially demanded, the party making the demand shall be entitled to a trial by a jury of six. A mere demand for a trial by a jury shall be a waiver of a trial by a jury of twelve, and the party or must proceed to a trial with a jury of six. Trial without jury. Demand for jury. Jury of six. Sec. 16. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the same manner as judgments in the superior court are; all executions issuing from said court shall be attested in the name of the judge, and directed to the sheriff or his deputies of the City Court of Jonesboro and to all and singular the sheriffs or their deputies of the State of Georgia. And all processes of all kinds issued from said court shall be directed in the same manner as executions. Lien of judgments. Executions. etc. Sec. 17. Be it further enacted by the authority aforesaid, that said city court shall have jurisdiction of all claims where personal property is levied upon under execution or other process from said court, and such claims shall be tried in the same manner as claims are tried in the superior court. Claim cases. 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. Same.

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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 Jonesboro and to all and singular the sheriffs and constables of said State, and the judge of said city court may, or any justice of the peace or notary public ex-officio justice of the peace may, issue attachments under the same law governing the issuing of attachments returnable to the superior court. Attachment garnishment. 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. Same Distraint. Sec. 21. Be it further enacted by the authority aforesaid, that scire facias to make parties in any cause in said court shall be had as in the superior courts, but scire facias shall run throughout the State and may be served by any sheriff or his deputies thereof. Scire facias. Sec. 22. Be it further enacted by the authority aforesaid, that the general laws of the State with regard to commencement of suits in the superior court, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories, or under subpoenas, witnesses, and their attendance or other matters of judicial nature within the jurisdiction of the said city court, shall be applicable to said city court. General laws applicable. Sec. 23. Be it further enacted by the authority aforesaid, that the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the laws of the State; and the judge and all other officers of said court shall have the power

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respectively to administer all oaths pertaining to their office, as the judge and other offices of the superior court may in like cases do; and said judge shall have the power to attest deeds and other papers and administer affidavits in the State, in which by existing laws, deeds and papers may be attested and affidavits may be administered by the justice of the peace of the State. Testimony de bene esse. Sec. 24. Be it further enacted by the authority aforesaid, that the City Court of Jonesboro 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. Seal and records. Duties of clerk and sheriff. Sec. 25. Be it further enacted by the authority aforesaid, that the judge of the City Court of Jonesboro shall have the power to enforce the orders, to preserve order, to punish for contempt, and to enforce all of his judgments as is vested by law in the judges of the superior courts of this State. Judge's powers. Contempt of court. 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 Clayton 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 said persons, and deposit same in a box to be provided and numbered one (1) until there shall be a ticket bearing the name of each person on said list. Said jury-box or list of names in said jury-box shall be revised by the clerk every time the jury-list of the county is revised by the jury commissioners of Clayton County. Said box shall be known as the city-court jury-box and shall be so constructed that it shall have two compartments

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and kept under lock and key, and shall not be opened by any one except the judge of said city or some judge acting in his stead for the purpose of drawing juries, or for revising as herein provided for. The compartments of said jury-box shall be numbered one and two, and when compartment number one is exhausted by the drawing of juries the tickets, and names in number two shall be placed back in number one and the same process shall be gone over again as box number one is exhausted. The clerk shall keep a jury-box and the sheriff shall keep the key to same. At each October and April term of said city court the presiding judge shall in open court draw from jury-box eighteen (18) names of persons to serve as jurors at the next term of said court, and shall cause the clerk of said court to record the names of the jurors so drawn. And the clerk of said court shall prepare a summons for each juror and deliver the same to the sheriff of said city court or his deputies at least fifteen (15) days before the next term of said court, which sheriff or his deputies shall serve jurors at least ten (10) days before the term of court the jurors are required to attend. Should it be necessary to draw a jury in vacation time, the judge of said court may at any time fifteen (15) days before the next term of said court, in the presence of the clerk and sheriff of said court, proceed to draw a jury in the manner above described. No juries shall be drawn for the October and April terms of said court, unless the judge of said court shall deem it necessary and shall draw the jury as above provided. All cases ready for trial at the October and April terms of said court, wherein a trial by a jury has been demanded, shall be automatically continued to the next term of said court, unless the party demanding a trial by a jury shall withdraw the demand, in which case the matter will proceed to trial by the judge without a jury. Juries. Drawing jurors. Effect of demand for jury trial. Sec. 27. Be it further enacted by the authority aforesaid, that all laws with reference to drawing, selecting, summoning traverse and tales jurors qualifications, relationship, empanelling, challenging, and compelling the

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attendance of jurors, now in force in this State or may hereafter be enacted into law, regarding the same in the superior courts shall apply to and be observed in the city court when not inconsistent with this Act. The law in regard to exemption from jury duty in the superior court shall apply in the city court. General laws applicable to juries. Sec. 28. Be it further enacted by the authority aforesaid, that six (6) jurors shall constitute a panel, unless a trial by twelve jurors is demanded as hereinbefore set out. When a trial by jury is demanded, the jury shall be selected as follows: In civil cases each side shall have three (3) strikes, and in criminal cases the defendant shall have four (4) strikes and the State shall have two (2) strikes; six shall thus constitute a jury. When a trial by a jury of twelve is demanded as hereinbefore provided for, a list of eighteen jurors shall be furnished, and each party shall have the same number of strikes as provided above in this section when the trial is had by a jury of six (6). The judge shall have the same power to complete any panel by talesmen in the same manner as in the superior court. The jurors drawn on the regular, and likewise the talesmen which the judge of said court is empowered to summon instanter at any term of said court whenever necessary to complete any panel, shall each receive the sum of two ($2.00) dollars per day while serving as jurors in said court, the same to be paid under the same rules as regulating the payment of superior court jurors. Panels of juries. Sec. 29. Be it further enacted by the authority aforesaid, that all criminal cases tried in said court wherein the evidence makes out a case of felony, the judge shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as a preliminary hearing. Bail or commitment in felony cases. Sec. 30. Be it further enacted by the authority aforesaid, that the defendant in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon the affidavit of the

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prosecutor and signed by the solicitor or the 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 Claytion and no person comes forth to prosecute 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 Jonesboro or his deputies, and to all and singular the constables of this 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 Clayton County. Accusation. Sec. 31. Be it further enacted by the authority aforesaid, that the judge of the superior court may in his discretion send down from the superior court of Clayton 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 transmitting such cases be entered on the minutes of both of said courts. Transfer of indictments. Sec. 32. Be it further enacted by the authority aforesaid, that it shall be the duty of the justices of the peace to bind over to said city court all persons charged with offenses committed within the limits of Clayton County, over which said court has jurisdiction, there to answer said offense. Duty of justices as to binding over. Sec. 33. Be it further enacted by the authority aforesaid, that a writ of error shall be directed from the said

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city court to the Supreme Court of the State or the Court of Appeals of the State, upon a bill of exception filed under the same rules and regulations as govern and control the issue of writs of error and filing of 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 to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior court. When a criminal case is heard in said court and the defendant desires to move for a new trial, such motion must be made and filed within five days after the rendition of the judgment complained of, and not afterwards. In other respects such motions shall be governed by the ordinary rules aforesaid. 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, pleading, 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. Waivers, pleading, procedure. Sec. 36. Be it further enacted by the authority aforesaid, that all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more reside in the County of Clayton, may be brought in said court, whether its jurisdiction is already stated, under the same rules and regulations governing said cases in the superior court, mutatis mutandis, as to copies, second originals, returns, and other matters connected with the suits. Suits against joint defendants. Sec. 37. Be it further enacted by the authority aforesaid, that all rules of the superior court relating to continuances, motions, pleas, and practice shall be applicable to said court and shall obtain herein where the same are not inconsistent with this Act. Rules of court. Sec. 38. Be it further enacted by the authority aforesaid, that whenever the judge of said court is, from any

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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 for in superior courts. Disqualification of judge. Sec. 39. Be it further enacted by the authority aforesaid, that all fines, forfeitures and monies arising from cases in said city court shall be collected by the sheriff of said court and immediately turned over to the treasurer of said county or be deposited in the name of the county in the county depository and there shall be kept a fund by said treasurer or depository to be known as city-court fund; when the sheriff of said court turns over said money as aforesaid, said sheriff shall make and deliver to the clerk of the county commissioners an itemized statement of the source of said moneys. The fees and salaries of all officers of said court shall be paid on the first Tuesday in each month, upon warrant drawn and signed by the county commissioners, and each officer of said court shall present to said commissioners a statement of their salary or an itemized statement of their fees, and the warrant so drawn by said commissioners shall be to cover the statement presented and shall be drawn on the city-court fund. The jurors of said court shall be paid by warrants drawn by the clerk on the said city court on the city-court fund, and the clerk of said city court shall at the end of each jury term, after drawing and delivering said warrants, make out a statement of the names and amount paid to the jury, and deliver said statement to the clerk of the county commissioners. Fines and forfeitures. Pay of officers. Sec. 40. Be it further enacted by the authority aforesaid, that the judge of the City Court of Jonesboro is hereby authorized to turn over to the proper authorities of Clayton County the convicts of said city court, to be by them treated and used as are the misdemeanor convicts from the superior court of this State. Convicts.

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Sec. 41. Be it further enacted by the authority aforesaid, that in each criminal case where the defendant is convicted and turned over to the county authorities of Clayton County, to be disposed of by them as are misdemeanor convicts from the superior court of said county, the sheriff and the clerk shall make out different and separate bills from the ones mentioned in paragraph 39 of this Act, and these bills shall include commitments, if any, and these bills shall be turned over to the county commissioners, who shall issue warrants upon the court fund of said county to cover said statements so presented; it being the intention of this section to require the county to pay the cost in all misdemeanor cases in said court, where the defendant is convicted and the county receives the services of the defendant as a convict on the roads of said county. Costs in criminal cases. Sec. 42. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenues of said county shall provide for the necessary books for the keeping of the dockets, minutes, and records of said court, and all equipment of every kind and character necessary in the operation of said court; also to provide a suitable place in the county court-house for the holding of said court. Records. Sec. 43. Be it further enacted by the authority aforesaid, that there shall be a stenographer of said City Court of Jonesboro, appointed by the judge thereof, and who shall be subject to removal at any time by said judge, 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 of this State; provided, however, 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

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of said 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 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 expense on the court fund; and when the money in the city-court fund is sufficient to authorize it, said commissioners shall have the right to pay back to the court fund the amount of money drawn on said fund to pay city-court expenses. Court expenses. Sec. 45. Be it further enacted by the authority aforesaid, that on the first day of January of each year the money in the hands of the treasurer in the city-court fund shall be placed in the general treasury and reapportioned among the different funds, the city-court fund to receive no part of said money in said reapportionment. City-court fund. Sec. 46. Be it further enacted by the authority aforesaid, that any civil case now pending or which shall hereafter be filed in the Superior Court of Clayton County may be transferred to the City Court of Jonesboro by consent of plaintiff and defendant in said case. Transfer of cases from superior court. Sec. 47. Be it further enacted by the authority aforesaid, that should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Act not invalidated by void part. Sec. 48. Be it further enacted by 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, 1927.

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LUDOWICI CITY COURT JUDGE'S SALARY. No. 328. An Act to amend an Act to establish the city court of Ludowici, Long County, Georgia, approved August 15, 1921, so as to provide for increase of the salary of the judge of said court; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the sentence in line 33 to line 37 in section 4 of the Act approved August 15, 1921, establishing the City Court of Ludowici (Acts 1921, page 364 et seq.), be and the same is hereby amended by striking the words and figures six hundred dollars ($600.00), and inserting in lieu thereof the words and figures nine hundred dollars ($900.00), so that said sentence dealing with the salary of the judge shall read as follows: The judge of said court shall receive a salary of nine hundred dollars ($900.00) per year, which shall not be increased or diminished during his continuance in office, and the same shall be paid monthly out of the funds of Long County. Judge's salary increased. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall not become effective as law until it shall have been recommended by a grand jury of Long County, Georgia. Effective on recommendation of grand jury. 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, 1927. MACON CITY COURT JUDGE'S SALARY. No. 47. An Act to amend and Act creating and establishing the City Court of Macon in and for the County of Bibb, approved August 14th, 1885, and the Acts amendatory

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thereof, so as to increase the salary of the judge of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, the Act creating and establishing the City Court of Macon in and for the County of Bibb, approved August 14th, 1885, and the several Acts amendatory thereof, be and the same are hereby amended so that the judge of the City Court of Macon in and for the County of Bibb shall receive a salary of six thousand dollars per annum, and said salary of six thousand dollars per annum shall be paid in monthly installments out of the treasury of the County of Bibb by the person or persons charged by law with the duty of paying out the moneys of said County of Bibb, and such salary shall be paid to the judge now in office, as well as to his successor in office. City-court judge's salary, $6,000. Sec. 2. Be it further enacted, that the salary of the judge of the City Court of Macon in and for the County of Bibb shall never be less than one thousand dollars less than the annual salary paid to and received by the judges of the Superior Courts of the Macon Circuit from all sources, so that if the salary received by the judges of the Superior Courts of the Macon Circuit from all sources, shall ever exceed the sum of seven thousand dollars per annum, then in that event the salary to be paid to the judge of the City Court of Macon in and for the County of Bibb shall be increased so that the salary of the judge of the City Court of Macon, in and for the County of Bibb, shall never be less than one thousand dollars less than the salary annually paid to the Judges of the Superior Courts of the Macon Circuit from all sources; and provided further, that the salary of the judge of the City Court of Macon in and for the County of Bibb shall never be, in any event, less than six thousand dollars per annum. Such salary of the judge of the City Court of Macon in and for the County of Bibb, as provided for in this paragraph of this Act, shall be paid in monthly installments

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out of the treasury of the County of Bibb by the person or persons charged by law with the duty of paying out the moneys of said County of Bibb, and such salary shall be paid to the judge then in office, as well as to his successor in office. Future increase of salary on increase of superior-court judge's salary. Sec. 3. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. MACON MUNICIPAL COURT SALARIES. No. 3. An Act to amend an Act abolishing justice courts, the office of justice of the peace and notary public, ex-officio justice of the peace, and the office of constable in the City of 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 above-recited Act, approved August 5, 1921, and August 20, 1925, which amendments were for the purpose of regulating the salaries of the officers of the Municipal Court of the City of Macon; and for other purposes. Sec. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the above-recited Act approved August 16, 1913, and the above-recited Act approved August 5, 1921, and the above-recited Act August 20, 1925, be amended by striking the words four thousand dollars ($4,000.00) per annum wherever these words occur in section 1 of said last-mentioned Act, and inserting in lieu thereof the words five thousand dollars ($5,000.00) 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 five thousand dollars ($5,000.00) per annum. Salary of municipal-court judge, $5,000.

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Sec. 2. Be it enacted by the authority aforesaid that Section 2 of the Act approved August 5, 1921, and section 2 of the Act approved August 20, 1925, amending the original Act approved August 16, 1913, be amended by striking the words twenty-one hundred (2,100) twenty-one hundred dollars ($2,100.00) per annum wherever they occur in said section of said Act, and inserting in lieu thereof the words three thousand (3,000) and three thousand dollars ($3,000.00) 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 three thousand dollars ($3,000.00) per annum. Clerk's salary $3,000. Sec. 3. Be it enacted by the authority aforesaid that section 3 of the Act approved August 5, 1921, and section 3 of the Act approved August 20, 1925, amending the original Act approved August 16, 1913, be amended by striking the words eighteen hundred (1,800) and eighteen hundred dollars (1,800.00) per annum wherever they occur in said section 3 of said Act, and inserting in lieu thereof the words twenty-one hundred (2,100) and twenty-one hundred dollars ($2,100.00) 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 twenty-one hundred dollars ($2,100.00) per annum each. Deputy clerks: salary $2,100. Sec. 4. Be it enacted by the authority aforesaid, that section 4 of the Act approved August 5, 1921, and the Act approved August 20, 1925, amending the original Act approved August 16, 1913, be amended by striking the words twenty-one hundred (2,100) and twenty-one hundred dollars ($2,100.00) per annum wherever they occur in section 4 of said Act, and inserting in lieu thereof the words three thousand (3,000) and three thousand dollars ($3,000.00) 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 three thousand dollars ($3,000.00) per annum. Sheriff's salary, $3,000.

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Sec. 5. Be it enacted by the authority aforesaid, that section 5 of the Act approved August 5, 1921, and of the Act approved August 20, 1925, amending the original Act approved August 16, 1913, be amended by striking the words eighteen hundred (1,800) and eighteen hundred dollars ($1,800.00) per annum wherever they occur in section 5 of said Act, and inserting in lieu thereof the words twenty-one hundred (2,100) and twenty-one hundred dollars ($2,100.00) per annum, so that the compensation of the deputy sheriffs of the Municipal Court of the City of Macon shall be and is fixed at the sum of twenty-one hundred dollars ($2,100.00) per annum each. Deputy sheriffs; salary $2,100. 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 12, 1927. MORGAN CITY COURT SHERIFF'S COST. No. 337. An Act to amend an Act entitled an An Act to create the City Court of Morgan in and for the County of Calhoun, to define its powers, jurisdiction, procedure, and practice; to provide for a judge, solicitor, and other officers of said court; to provide compensation for said officers, and place of holding said court; and for other purposes, approved August 19th, 1916, and the several Acts amendatory thereof, by adding a new section following section II of said Act, and to be designated as Section II-A, to wit: Section II-A. The sheriff of said city court, in cases against defendants charged with possessing intoxicating liquors, selling intoxicating liquors, and possessing stills for the purpose of manufacturing intoxicating liquors, shall receive in such cases, where fined and the defendant pays such fine, the sum of ten ($10.00) dollars in addition

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to the cost provided to be paid him in section II of said Act. Sheriff's pay in liquor cases. Sec. II-B. 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, 1927. NASHVILLE CITY COURT; CUSTODY OF FINES, ETC. No. 27. An Act to amend the original Act creating the City Court of Nashville in the County of Berrien, approved July 31, 1905, and all Acts amendatory thereof, so as to provide for the collection of fines and forfeitures, for the disbursement of the same, naming a custodian for said fines and forfeitures, providing for the cost due such custodian, providing for the dates of the terms of said court, providing for additional costs for the sheriff of said court and for other purposes. Section 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act, section 1 of the amendatory Act approved August 1st, 1921, as appears in the Georgia Laws of 1921, page 382, be and the same are hereby amended as follows: By striking from said amendatory Act all of section 1 thereof, and inserting in lieu the following: Be it enacted and it is hereby enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act all fines and forfeitures arising from cases tried on accusation or indictment in said city court shall be collected by the sheriff of said city court, and by him paid over to the clerk of said City Court of Nashville as custodian of such funds for proper disbursement, and that said custodian shall be entitled to one dollar ($1.00) as costs for each fine and forfeiture arising

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in said court, and this to be in addition to all other costs allowed by law in such cases. Fines and forfeitures. custody of. Sec. 2. Be it further enacted by the authority of aforesaid, that the amendatory Act aproved August 17th, 1911, as appear in Georgia Laws for 1911 on pages 310 and 311 thereof, be and the same are hereby amended as follows: By striking from said Act all of sections 1 and 2, and inserting in lieu thereof the following: Be it enacted by the authority aforesaid, that the regular jury term of said City Court of Nashville shall be held on the third and fourth Mondays in February, May, August, and November of each year; and in addition to the above sessions there shall be held terms for which no juries shall be drawn, on the third Mondays in January, March, April, June, July, September, October, and December of each year. The judge of said court shall have the authority and power to hold said court in session so long as in his judgment the same shall be necessary to hold the same open from one day to another, as he may see proper. Terms of court. Sec. 3. Be it further enacted by the authority of aforesaid, that from and after the passage of this Act the sheriff of the City Court of Nashville shall be entitled to additional costs, in addition to all other costs now allowed him by law, in the following cases and amounts, to wit: All cases of riot under section 360 of the Penal Code of 1910, $10.00. All cases of larceny from the house under section 175 of the Penal Code of 1910, ten dollars ($10.00). All cases of gaming under section 392 of the Penal Code of 1910, ten dollars ($10.00). All misdemeanor cases arising under the Act commonly known as the prohibition Act under the Acts of 1917. Extra Session, pages 7, 15, thirty dollars ($30.00). The above four items of additional costs shall be allowed in the cases and the amounts named, in addition to all other costs now allowed by law in said cases. The foregoing additional costs shall be paid out of the funds arising from the fines and forfeitures in said court, with the exception that the County

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Commissioners of Roads and Revenues in and for said County of Berrien shall pay, from the general county funds of Berrien County, all costs for conviction of defendants delivered to them by said court to be worked upon the roads of Berrien County, Georgia, but said county commissioners shall be reimbursed for costs paid out under circumstances above stated when such defendant so delivered to them shall have an alternative fine, and when such defendant shall pay his fine and in this way be discharged from further service before the expiration of his chain-gang term, and the balance of such fine thus paid after reimbursing said county commissioners shall be paid over to the City Clerk of Nashville, as custodian of fines and forfeitures for proper disbursements among the officers of the City Court of Nashville. Sheriff's 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 July 19, 1927. PEMBROKE CITY COURT; REFERENDUM. No. 290. An Act to create the City Court of Pembroke, Georgia, in and for the County of Bryan in the State of Georgia; to prescribe the powers and duties thereof, to fix the jurisdiction thereof in the trial of criminal and civil cases thereof and their term of office, and the court where held, to provide for the compensation of said officers, 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 the authority of the same, that the city court of Pembroke, Georgia, to be located in the City of Pembroke and in the County of Bryan, but to have jurisdiction and authority to sit at Clyde, the County seat of Bryan County,

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is hereby established and created, with civil and criminal jurisdiction over the whole of Bryan County, concurrent with the Superior Court of Bryan County, to try and dispose of all civil cases of whatever nature, except those of which the constitution of the State has given the superior court exclusive, jurisdiction, and with criminal jurisdiction to try and dispose of all criminal cases, or offences below the grade of felony, committed in the County of Bryan. 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 statutory law, now or hereafter to be of force in the State of Georgia, including among others attachment and garnishment proceedings from said court, statutory award, proceedings against intruders and tenants holding over, partition of personality, issues upon distress warrants, foreclosures of all liens and mortgages on personalty, and any and all other proceedings of whatever nature not vested exclusively by the constitution of the State in the superior court. Court created. Jurisdiction Authority to sit at Clyde. Sec. 2. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be appointed by the Governor, and who shall hold his office until January 1st, 1929, after which date, except in the case of a vacancy, the judge of said city court shall hold said office by virtue of an election by the qualified voters of Bryan County, and shall hold his office for a term of four years beginning on the first day of January, 1929. At the regular election of the county officers of Bryan County in the year of 1928 there shall be elected by the qualified voters of said county a judge of said court, who shall hold his office for the term of four years from January 1st, 1929, and at each of the general elections every four years thereafter a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor until the next election, when a judge shall be elected to fill said unexpired term. The salary of the

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judge shall not be less than six hundred dollars per year, but the county commissioners shall have the right to increase the salary of the judge at any time, the salary to be paid monthly by the county authorities of Bryan County, and it shall be the duty of the county board of commissioners of said county, or other proper officers, to make provisions annually for the levying of a tax sufficient for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. That no one shall be eligible to the office of the Judge of the City Court of Pembroke, Georgia, except he shall be a resident practicing law in the State of Georgia for at least one year prior to his appointment; he shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to person, and do equal right to the rich and poor; that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of said City Court of Pembroke, Georgia, according to the best of my ability and understanding, agreeable to the laws and constitution of the State of Georgia, and the constitution of the United States, so help me God, which oath shall be filed in the Executive Department. Judge appointed by Governor; term. Election of successor. Salary. Eligibility of judge. Oath. Sec. 3. Be it further enacted by the authority aforesaid, that 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 city court is appointed, who shall hold his office until January 1st, 1929, after which date, except in case of vacancy, the solicitor of said city court shall hold his office by virtue of an election by the qualified voters of Bryan County, and shall hold his office for a term of two years beginning on the January 1st, 1929. At the regular election of the county officers of Bryan County in the year of 1928 there shall be elected by the qualified voters of said county a solicitor of said court, who shall hold his office for a term of two years, from January 1st, 1929, and at each of the general elections

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thereafter every two (2) years the voters of Bryan County shall elect a solicitor of said city court for a term of two years. The solicitor-general of the Atlantic Judicial Circuit of Georgia shall be eligible to hold the office of solicitor of the City Court of Pembroke, Georgia, and may be appointed by the Governor under the same condition as that of the judge of the city court, and may be elected by the voters of Bryan County, as provided for the election of the judge of said court, and the term of the office of the solicitor of said court shall be two years. Said solicitor must be at least twenty-one years of age, and practicing attorney at law, and before entering upon the duties of his office shall take and subscribe the same oath required of the solicitor-general of the superior court of this State, and give bond in the sum of five hundred dollars security. The solicitor shall receive the same fees as are allowed the solicitor-general of the superior court. In the absence of disqualification of said solicitor, the city-court judge shall appoint a solicitor pro tem, who shall receive the same fees as are allowed the regularly appointed or elected solicitor of said court. Solicitor. Solicitor-general eligible to be solicitor. Qualifications. Oath, bond. Solicitor pro tem. Sec. 4. Be it further enacted by the authority aforesaid, that the solicitor of said city court shall for his services in the superior court be paid out of the treasury of the State in the manner as the solicitor-general of the superior courts are paid for like services rendered, from the superior courts. Pay of solicitor. Sec. 5. Be it further enacted by the authority aforesaid, that the clerk and his deputies of the Superior Court of Bryan County shall be ex-officio clerk and deputies of said city court. Said clerk, before entering upon the duties of his office, shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said city court. He shall also, before entering upon the duties of his office, execute a bond with good security in the sum of five hundred dollars for the faithful discharge of the duties of said office. Clerk of superior court, exofficio clerk of city court. Bond.

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Sec. 6. Be it further enacted by the authority aforesaid, that the sheriff of Bryan County shall be ex-officio sheriff of said City Court of Pembroke, Georgia, and in his official connection with said court shall know as the sheriff of the City Court of Pembroke, Georgia. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of said office, and he shall have the same authority to appoint a deputy or deputies as provided in the code for the appointment of deputy sheriffs. Sheriff. Bond. Deputies. Sec. 7. Be it further enacted by the authority aforesaid, that should the sheriff and the clerk aforesaid fail or refuse to qualify and give bond as required in sections six and seven of this Act, the judge of said city court is hereby authorized to appoint a sheriff and clerk for the said court. Failure to qualify; appointment. Sec. 8. Be it further enacted by the authority aforesaid, that all the duties and liabilities attached to the office of the clerk of the superior court and to the office of the sheriff of Bryan County shall be attached to the office of the clerk of the City Court of Pembroke, Georgia, and to the office of the sheriff of the City Court of Pembroke, respectively, and that the judge of the City Court of Pembroke, Georgia, is empowered to enforce the same authority over the said clerk and sheriff as is exercised by the judge of the superior court over clerks of the superior courts and sheriffs of the counties of Georgia. Duties of officers; liability. Sec. 9. Be it further enacted by the authority aforesaid, that the clerk and the sheriff of the City Court of Pembroke, Georgia, and their deputies shall, unless otherwise specified in this Act, receive for all services the same fees as are allowed by law for like service in the superior court, except in civil actions where the principal sum does not involve over $100.00 in which case their cost shall be the same as allowed justices of the peace and constables; and in criminal cases transferred from the superior court

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to said city court the clerk's costs shall be same as allowed the superior court; said clerk and sheriff shall be amenable in said court to the same processes and penalties as they are now amenable to as officers in the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees of officers. Sec. 10. Be it further enacted by the authority aforesaid, that the terms of said City Court of Pembroke, Georgia, shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The quarterly terms shall be held on the third Mondays, in January, April, July, October, and the monthly terms on the third Mondays in each month of each year, and said terms shall continue from day to day unless adjourned over to some other day, in the discretion of the judge, until the business is disposed of. When the quarterly term and monthly terms fall upon the same day, the monthly session shall be disposed of, and immediately upon the disposition of the business of the monthly session the judge shall convene the court in quarterly session. Suits exceeding not five hundred dollars in principal, and in all issues and proceedings when not over five hundred dollars in value is not involved, shall be returned to the monthly session of said court and shall stand for trial at the first term. Ordinary suits brought to the monthly session of said court shall be filed with the clerk of said court at least fifteen days before the term to which they are returnable, and shall be served at least ten (10) days before the said term. All other causes and proceedings must be brought to the quarterly terms, in like manner as suits are now brought in the superior court and the first term of said quarterly session shall be the appearance term; provided that in all suits brought in said city court final judgment may be entered by default at the first term to which said cause is returnable, unless a plea is filed under the terms governing the filing of pleas in the superior court on the call of the appearance docket, in which event the second term shall be the trial term, except the

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trial term may be at the first term when both parties consent. The judge of said city court shall in his discretion hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury, as speedily as possible, consistent with the interest of the State and of the accused, and may also hold adjourned terms of the said city court, for which he may draw new juries or require the attendance of the same jury as in his sound legal discretion may direct. Said city-court judge may also, in his discretion, set cases for trial at convenient times, and the same may be tried as of the term, whether court has been held from day to day until said time or not. The first monthly term of the court shall be held at Pembroke, and the second term shall be held at Clyde, and alternately at each place thereafter. The January and July quarterly terms shall be held at Pembroke, and the April and October terms shall be held at Clyde, and the process of the court shall be made returnable in conformity to the sittings of the court. Terms of court. Suits, return and trial terms. Terms at Pembroke and Clyde. Sec. 11. Be it further enacted by the authority aforesaid, that suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as hereinafter provided; the process to writs shall be annexed by the clerk of said city court, be attested in the name of the judge thereof, and be directed to and served by the sheriff of said city court or his deputies thereof. Procedure. Sec. 12. Be it further enacted by the authority aforesaid, that in all matters pertaining to service, pleading, and practice, the law governing the superior court, where consistent with this Act, and unless especially provided by this Act, shall be applicable to said city court. Same. Sec. 13. 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 without a jury all civil cases of which said court has jurisdiction, and to give judgment and execution therein; provided always, that

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either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor, by himself or his attorney, in writing on or before the call of the case or before the adjournment of the term to which the cause is returnable, in all cases in which such parties are entitled to a trial by jury under the constitution and laws of this State; provided further, that it shall be the duty of said city-court judge to sound the docket during each term of said city court for the purposes of ascertaining in what cases, either civil or criminal, demands for trial by jury are to be made, in accordance with the provisions of this Act. Trial without jury. Demand for jury. Sec. 14. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be a lien upon property of the defendant or defendants, throughout the State, in the manner as judgments of the superior courts are; but property exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be attested in the name of the judge and signed by the clerk, and directed to the sheriff or his deputies of the said City Court of Pembroke, and to all and singular the sheriffs or their deputies of the State of Georgia. Lien of judgments. Executions. Sec. 15. Be it further enacted by the authority aforesaid, that claims to real property levied upon with execution or other process from said city court shall be returnable to the superior court of the county where said real property is situated, and then shall proceed as claims in the superior court. Claim cases. Sec. 16. Be it further enacted by the authority aforesaid, that the city court shall have jurisdiction of all claims cases where personal property is levied on under execution or other process, and such claims shall be tried in the same manner as claims in the superior court. Same. Sec. 17. Be it further enacted by the authority aforesaid, that garnishment proceedings on distress warrants

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in said city court shall be in conformity to the laws of the State relative to such proceedings in the superior court. Distraint, garnishment. Sec. 18. Be it further enacted by the authority aforesaid, that all laws governing the subjects of attachments and garnishments in any manner whatever, in the superior courts of this State, shall apply to the city court as if named with the superior courts, in so far as the nature of the city court will admit. Attachments in said court returnable to said court shall be directed to the sheriff of his deputies of the City Court of Pembroke, and all and singular the sheriff and constables of this State, and the judge of said city court may, or any justice of the peace or notary public may, issue attachments returnable to the said city court under the same law that governs the issuing of attachments returnable to the superior courts. Attachments, garnishments. Sec. 19. 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 such scire facias shall run throughout the State, and may be served by any sheriff or his deputy. Scire facias. Sec. 20. Be it further enacted by the authority aforesaid, that the general laws of this State, relative to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, examinations of parties to suits or witnesses by interrogatories or under subpoenas or otherwise, witness and their attendance, continuance, or other matters of a judicial nature within the jurisdiction of said city court, and all laws applicable to the judges and solicitors-general and other officers of the superior courts, in compelling the attendance of witnesses and non-resident witnesses, shall in like manner be applicable to the officers of said city court. General laws applicable. Sec. 21. Be it further enacted by the authority aforesaid, that the judge of said city court shall have the power to cause testimony to be taken de bene esse and used, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general law of the State.

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And the judge and all the other officers of said city court shall have power respectively to administer all oaths pertaining to their offices, as the judges and other officers of the superior courts may in like cases do; and the said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in this State, in which by existing laws deeds and papers may be attested and affidavits administered by justice of the peace of this State, and the said judge of the said city court shall have all the powers and authority throughout his jurisdiction as judges of the superior courts, and all laws relating to and governing the judges of the superior courts shall apply to the said judge of the City Court of Pembroke, so far as the same may be applicable as herein provided. Testimony de bene esse. Administration of oaths, attestation of deeds, etc. Other powers of judge. Sec. 22. Be it further enacted by the authority aforesaid, that it will be the duty of the clerk of said City Court of Pembroke to prepare and file in his office a complete copy of the jury-lists of the superior court petit jurors. From said copy so made, jurors in said city court shall be drawn in the following manner: The clerk of said City Court of Pembroke shall write upon separate tickets the names of each juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn the names of twelve jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting, and summoning traverse jurors in the superior courts shall apply to the said city court, except that the sheriff shall be paid three dollars and fifty cents for summoning said jurors. All exemptions from jury duty now in force in the County of Bryan shall apply and be of effect in said city court. Juries, lists and drawing. Fee for summoning. Exemptions. Sec. 23. Be it further enacted by the authority aforesaid, that all laws in reference to qualifications, relations, empaneling, finding and challenging jurors, now in force in this State, or afterwards enacted or be put in force by the General Assembly regulating the same in superior courts,

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shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. General law as to jurors applicable. Sec. 24. Be it further enacted by the authority aforesaid, that the judge of said city court shall have the power to summon instanter tales jurors to complete said panel of twelve, and he shall have the power to summon instanter six additional jurors, so as to increase said jurors to eighteen, if necessary to carry on the business of said court expeditiously. Twelve jurors shall constitute a panel in said court; and in all cases in which a demand for a jury trial has been entered as herein mentioned, the selection shall be made as follows: criminal cases, if the defendant elects, the entire twelve shall compose the jury; but if the defendant elects for the jury to be composed of but six jurors, the selection shall be made as hereafter provided; in civil cases the plaintiff and defendant shall have three strikes each, and in criminal cases the defendant shall have four and the State shall have two strikes, and the remaining six shall constitute the jury. All jurors serving in said court shall receive each the sum of ($3.60) dollars per diem while serving as such, to be paid under rules governing payments of superior-court jurors. Panels of jurors. Pay of jurors. Sec. 25. Be it further enacted by the authority aforesaid, that all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused shall demand a jury. A plea to the accusation or indictment shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If upon trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court, as in preliminary examinations. Criminal cases. Trial without jury. Transfer of felony case. Sec. 26. Be it further enacted by the authority aforesaid, that defendants in criminal cases in said city court shall be tried on a written accusation setting forth the offense charged, founded on the affidavits of the prosecution

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and signed by the solicitor of said city court; the defendant shall have no right to demand an indictment by the grand jury of Bryan County. All persons who desire to prosecute any one for a violation of any of the misdemeanor laws of this State may go before any judicial officer of Bryan County and make and subscribe the following oath, and file the same with the clerk of said city court: Georgia, Bryan County, Personally came....., who on oath says that, to the best of his knowledge and belief....., did on the.....day of.....in the.....year.....in the county aforesaid commit the offense of.....; and this deponent makes this affidavit that an accusation may be framed and preferred in the City Court of said county, against the said.....for said offence,..... Sworn to and subscribed before me this.....day of..... Whereupon when said affidavit is so made and filed it shall be the duty of the solicitor of said city court to draw an accusation against the accused, charging him, her, or them with the offense named in said affidavit; and the judge of said city court shall issue his warrants for the arrest of the person so accused, in the same manner as judges of the superior courts issue bench warrants based on indictments of the grand jurors; and the accused shall be arrested and brought to trial on said accusation, without any further preliminary trial. All proceedings after accusation shall conform to the rules governing like cases in the superior court, except there shall be no trial by jury unless demanded by the accused as hereinbefore provided, and when so demanded said jury trial shall be as provided herein. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by laws and rules of criminal pleadings to be observed in bills of indictment in the superior court. Accusations. Sec. 27. Be it further enacted by the authority aforesaid, that the judge of the Superior Court of Bryan County shall send down from said superior court to the said City

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Court of Pembroke, 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 transmitting such cases shall be entered on the minutes of both of said courts, which order may be passed in term time or in vacation; provided, that in all cases so transferred the solicitor-general of said superior court shall be entitled to his accrued costs, to be collected as provided herein for the collection of costs of the solicitor of said city court. Transfer of indictments. Sec. 28. Be it further enacted by the authority aforesaid, that it shall be the duty of all justices of the peace and notaries public of the County of Bryan, to bind over to said city court all persons charged with crimes and offenses committed within the limits of Bryan County, over which said city court has jurisdiction, there to answer to said offense, and the accusation in such cases may be based upon the affidavit on which the warrant issued wherein they were bound over. Duty of justices as to or commitment. Sec. 29. Be it further enacted by the authority aforesaid, that the judges of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same manner and with the same power as the judge of the superior courts. Habeas corpus. Sec. 30. Be it further enacted by the authority aforesaid, that a writ of error shall be from said city to the Supreme Court and the Court of Appeals of this State, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. Sec. 31. Be it further enacted by the authority aforesaid, that in all cases in said city court the same power and rights of parties as to waivers, pleadings or procedure, or other matter pertaining to the same, shall be allowed and upheld as by the laws and rules to parties in the superior courts. Procedure waivers.

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Sec. 32. Be it further enacted by the authority aforesaid, that the judge of the said city court shall have the power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, as under the same laws and regulations, in every respect governing the granting of new trials in the superior courts. All rules of pleadings, practice, and procedure governing motions, rules nisi, and other proceedings in new trials in superior courts, shall apply to and govern same in said city court. When a criminal case is heard at a special session of city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of city court within ten days from the rendition of the judgment complained of, and not afterwards, unless good cause is shown, when further time may be by order granted in the sound legal discretion of the judge of said court. In all other respects such motions shall be governed by the ordinary rules aforesaid. New trials. Sec. 33. Be it further enacted by the authority aforesaid, that all suits against joint obligors, joint promisors, copartners, or joint tresspassers in which any or more reside within the jurisdiction of said court, under the same rules and regulations governing such cases in the superior courts, and the same laws, rules, and regulations as to copies, second originals, returns, and other matters connected with said suits which is of force in the superior courts, shall be applicable to said City Court of Pembroke, Georgia. Suits against joint defendants. Sec. 34. Be it further enacted by the authority aforesaid, that all civil cases in which the principal sum does not exceed five hundred dollars shall be tried at the term to which the same are returnable, and there shall be no appearance term in said city court in such cases. All civil cases involving more than five hundred dollars principal sum shall be in every respect, as to filing, return, service, pleas, answers, demurrers, continuances, and trials, conformable to the laws now or hereafter to be applicable to suits in the superior courts of this State; the term to which

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said suit shall be returned shall be the appearance term, and the second the trial term, subject to the foregoing provisions. Appearance and trial terms. Sec. 35. Be it further enacted by the authority aforesaid, that whenever the judge of said city court is from any cause disqualified from presiding, and the judge of the superior court cannot from any cause preside in said court, as provided for in the constitution, then upon consent of the parties, or upon their refusal or failure to agree, said case may be tried by a judge pro hac vice, selected in the same manner as provided for in the superior courts, or the judge of any city court of this State may be called by the judge to try such case. Disqualification of judge. Sec. 36. Be it further enacted by the authority aforesaid, that in case of the absence of the judge of said city court at any term thereof the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or if no direction be given the court shall be adjourned to the next regular term. Adjournment in absence of judge. Sec. 37. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from cases in said court shall be applied to the fees of the solicitor, clerk, and sheriff of said city court, accruing in said court, including their insolvent costs therein, the same to be distributed pro rata thereon under the same rules and regulations governing the distribution of fines and forfeitures to officers in the superior court: provided, however, that in cases transferred from the Superior Court of Bryan County to said city court, the solicitor-general, clerk, and sheriff of the superior court shall be entitled to their costs which will have accrued to the date of transfer, on the bill of indictment or presentment bringing the money into court; and the cases originating in justice's court the justice and constables shall be entitled to their costs in the particular case, in the event the defendant there is convicted and pays the fine and costs in the case. Fines and forfeitures, how applied.

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Sec. 38. Be it further enacted by the authority aforesaid, that all misdemeanor cases transferred from the Superior Court of Bryan County to said city court shall be followed by the bond in said case or cases, and the defendant shall be bound to appear in said city court as its first monthly sitting after such case or cases are transferred. Bond in transferred case. Sec. 39. Be it further enacted by the authority aforesaid, that said city court shall be held in the City of Pembroke in the city and 19th district court-house building. Location in Pembroke. Sec. 40. Be it further enacted by the authority aforesaid, that the judge and sheriff of said city court are hereby authorized to use the jail of the City of Pembroke, Georgia, or the common jail of the County of Bryan, either or both, as they may see proper, for the purpose of said court, either for the detention of the accused before trial or for the imprisonment after trial and conviction; an expense thus incurred shall be paid as such expenses are now paid in the County of Bryan. Jail. Sec. 41. Be it further enacted by the authority aforesaid, that this Act shall not be effective and the City Court of Pembroke, Georgia, shall not be established until an election is held in Bryan County, Georgia, and the same are approved by a majority of the qualified voters of said county in the manner hereinafter set out. After the passage and approval of this Act an election shall be called by the ordinary of Bryan County upon the presentation to him of a petition signed by at least two fifths of the qualified voters of said county, as shown by the last registration list of said voters prior to the passage of this Act. Said election shall not be called by said ordinary in a less time than thirty days after the presentation and filing of said petition with him, nor more than forty days, and due notice of the holding of said election shall be published by said ordinary in the newspaper in Bryan County, Georgia, in which the sheriff's advertisements appear, and in the Savannah Morning News, not less than twice in each paper; and such election shall be held at the same place

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and under the same rules and regulations as the general State election is held in said county, all expenses of said election to be paid by the fiscal authorities of Bryan County out of the general funds of said county. The ballots for said election shall be prepared by said ordinary, and there shall be printed plainly on each ballot the words, In favor of the establishment of the City Court of Pembroke, Georgia, and below the said last named words in a separate paragraph the words, Against the establishment of the City Court of Pembroke, Georgia, and the voter shall strike one or the other of said paragraphs. After the ballots have been counted at the various election precincts in said county on the day of the election, each ballot-box and the result of the count in each box by the managers shall be taken to the office of the ordinary of said county, who shall consolidate the returns and announce the result of the election. In the event the majority of the qualified voters of said county shall have voted in favor of the establishment of the said City Court of Pembroke, this Act shall become effective and operative and the said City Court of Pembroke, Georgia, shall be established on and after the date of said election; and it shall be the duty of said ordinary to certify the result of said election to the Governor of Georgia, whose duty is shall be to immediately appoint the officials of said court as provided in this Act. In the event that the majority of the said qualified voters of said county shall vote against the establishment of said City Court of Pembroke, Georgia, this Act shall not become operative, and said city court shall not be established and said Act shall have no further or other force and effect, and no further or other election can be called under the same. In the event that the said voters favor the establishment of said court, the said ordinary shall, in addition to certifying the result of said election under his official hand and seal to the Governor, also certify the result of said election to the clerk of the superior court of said county, the sheriff of said county, and the commissioners of said county. Referendum as to adoption of Act.

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Sec. 42. Be it further enacted by the authority aforesaid, that no election can be held under this Act later than sixty days prior to the first day of January, 1929. Election not later than Jan. 1, 1929. Sec. 43. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. POLK CITY COURT JUDGE'S SALARY. No. 175. An Act to amend section four (4) of an Act entitled An Act to estabish the City Court of Polk County in the City of Cedartown in and for the County of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officials thereof, and for other purposes, approved November 10, 1901, as amended by Act of the General Assembly approved July 27, 1906, and by Act of General Assembly approved August 14, 1906, so as to provide for an increase of the salary of the judge of said court. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that line twenty-nine of said Act as amended by Act of the General Assembly of Georgia approved August 14, 1906, be amended and the same is hereby amended by striking therefrom the word eighteen and by inserting in lieu thereof the word twenty-five hundred dollars, so that said section when amended shall read as follows: Increase of judge's salary. Be it further enacted, that the judge of said court now under appointment shall hold office until 31 day of December, 1910. The judge of said City Court of Polk County shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, State-house

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officers, and members of the General Assembly, held on the first Wednesday in October, and under the general laws of the State governing such general elections; the first election for such judge to be held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. In the event of a vacancy in the office, from the after the passage of this Act, a special election to fill the vacancy shall be called by the ordinary of Polk County, to be held not sooner than twenty days, nor later than thirty days from the date of the call. Such special election shall be held and governed by the laws of the State provided for special elections, and the judge so elected shall serve out the remainder of said term, and until his successor is elected and qualified; in the event of a vacancy the Governor may appoint a judge, who shall hold office until said vacancy is filled in the manner hereinbefore provided. The judge of the City Court of Polk County shall receive a salary of twenty-five hundred dollars per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1927.

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QUITMAN CITY COURT JUDGE'S SALARY. No. 323. An Act entitled an Act to to amend an Act entitled an Act to amend an Act entitled an Act to establish the City Court of Quitman, to define its powers, to provide for the election of a judge and other officers thereof; to provide compensation for a clerk and prescribe duties and fees; to provide for pleading and practice, granting new trials, writs of error, and other expenses. Section 1. Be it enacted by the General Assembly of Georgia, and is is hereby enacted by the authority of the same, that section four of an Act establishing the City Court of Quitman in and for Brooks County, approved August the 19th, 1912, amended and approved August 19, 1919, be amended and the same is hereby amended by striking the word eighteen in the twenty-first line of said section four and inserting the word twenty-four. Said section when so amended to read as follows: Be it further enacted by the authority aforesaid, that there shall be a judge of the City Court of Quitman, who shall be appointed by the Governor, for a term to expire on the 31st day of December of 1912, and who shall hold his office until his successor is elected and qualified. The judge of said City Court of Quitman shall be elected at the general election for State and county officers, to be held in the year 1912, for a term of two years from the first day of January, 1913, and and at the general election for State and county officers to be held each second year thereafter, for each succeeding term of two years, and said judge shall hold office until his successor is elected and qualified; provided that all vacancies in the office of judge, which may occur by death, resignation, removal, or otherwise, shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate at its next session thereafter. The Judge of the City Court of Quitman shall receive a salary of twenty-four hundred dollars per annum, to commence on the first

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day of January, 1928, and shall be paid monthly out of the treasury of the County of Brooks by the person or persons charged by law with the paying out of the money of Brooks County. Increase of judge's salary. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act shall be null and void. Approved August 20, 1927. REIDSVILLE CITY COURT FEES. No. 99. An Act to repeal an Act approved August 20, 1925, and to be found in the Acts of 1925, page 495, which was an Act to amend an Act establishing the City Court of Reidsville, approved August 22, 1905, as amended by several Acts since then, which Act approved August 20, 1925, reduced the fees allowed the clerk and sheriff of said city court; and this Act is to repeal that Act and provide the same fees for the said clerk and sheriff that they were allowed under the law prior to said Act of 1925; 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 approved August 10, 1925, and to be found in the Acts of 1925, page 495, which was an Act to amend an Act establishing the City Court of Reidsville, approved August 22, 1905, as amended by several Acts since then, which Act approved August 20, 1925, was an Act to reduce the fees allowed the clerk and sheriff of said city court, is hereby repealed, and the same fees fixed by law for said clerk and sheriff are hereby provided for as existing before the passage of said Act that is hereby repealed. Fees of clerk and sheriff. Sec. 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 1, 1927.

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SANDERSVILLE CITY COURT SALARY AND FEES. No. 53. An Act to amend an Act entitled an Act to create the City Court of Sandersville in and for the County of Washington; to prescribe the powers and duties thereof; to provide for the officers thereof; to prescribe compensation of said officers; and for other purposes, approved October 31, 1901, and an Act amendatory of said Act approved August 23, 1905 (Acts 1905, pp. 346-350, inclusive), and as further amended by an Act approved August 22, 1907 (Acts 1907 pp. 230-233, inclusive) and as further amended by an Act approved August 13, 1924 (Acts 1924, pp. 248-250), and the several Acts amendatory thereof, so as to increase the salary of the judge of said court and to make the increase in the salary of the judge of said court effective and operative upon the approval of this Act, and so as to repeal that part of the amendment adopted August 13, 1924, which reads as follows: Said salary shall not be increased or diminished during the term of office of said judge, and so as to repeal section five of amendment approved August 23, 1905, and add a new section in lieu thereof which shall read as follows: At all special or called terms of said court, the sheriff and clerk shall receive the same fees for attendance upon court as at the regular terms of said court; and for other purposes. Section 1. Be it enacted by authority of the General Assembly of Georgia and it is hereby enacted by authority of same, that from and after the passage of this Act as hereinafter provided for, section two of an Act entitled an Act to create the City Court of Sandersville in and for the County of Washington, to prescribe the powers and duties thereof, to provide for the officers thereof, to provide for compensation for said officers, and for other purposes, approved October 31, 1901, and an Act amendatory of said Act, approved August 23, 1905, and further amended by an Act of the General Assembly approved August 22,

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1907, and as further amended by an Act of the General Assembly approved August 13, 1924, providing an increase of the compensation of the officers of said court, be and the same is hereby amended by striking out the word fifteen in the eighth line of said section after the word of and immediately preceding the word hundred, and by inserting in lieu thereof the word eighteen, so that said section when so amended, by the provisions of this Act shall read as follows: Increase of judge's salary. Sec. 2. Be it further enacted by the authority aforesaid that there shall be a Judge of the City Court of Sandersville, whose election, term of office, and qualifications shall be and remain as now fixed by law, and who shall receive a salary of eighteen hundred dollars per annum, which shall be paid to him monthly by the County Commissioners of the County of Washington, or other proper authorities having charge of the funds of said County of Washington, and it shall become the duty of the Commissioners of Roads and Revenues of said county, or other proper officers, to make provision annually, in levying aud collecting taxes, for the assessment and collection of money to pay the salary of the said judge. The judge shall receive no other compensation, but may practice in any court except his own. To read. Sec. 3. Be it further enacted by the authority aforesaid, that the words in the amendment approved August 13, 1924, as follows: Said salary shall not be increased or diminished during the term of office of said judge, be and the same are hereby stricken from said amendment. Repeal of clause as to judge in office. Sec. 4. Be it further enacted by authority aforesaid that the salary of the Judge of City Court of Sandersville may be increased at any time at the pleasure of the General Assembly. Sec. 5. Be it further enacted, that the provisions of this Act shall become effective and operative immediately upon the approval of this Act. Act effective on approval.

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Sec. 6. Be it further enacted by the authority aforesaid, that section five of Act approved August 23, 1905, be and the same is hereby repealed. Sec. 7. Be it further enacted by authority aforesaid, that the clerk and sheriff of the City Court of Sandersville shall receive the same fees for attendance upon court at called or special terms as at the regular terms of said court. Fees of clerk and sheriff. Sec. 8. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 21, 1927. SAVANNAH CITY COURT; AMENDING ACT. No. 198. 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 it 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 clerk, and all fees now or heretofore or hereafter accruing to the office of clerk 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 clerk, but the same schedule of fees and costs as 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 clerk 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. Clerk to receive salary instead of fees. Sec. 2. The salary of the clerk of the City Court of Savannah shall be at the rate of six thousand ($6,000.00)

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dollars per annum, 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 clerk 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 clerk 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, $6,000. How paid. 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 Clerk of the City Court of Savannah, and shall stand in his place and in his stead, and shall be entitled to all funds, monies, and emoluments accruing to said office, and all officers who hold or obtain possession of any such funds, monies, and emoluments to which said clerk would be entitled except for the provisions of this Act shall pay the same into the Treasury of Chatham County. Subrogation of county to clerk's right to fees. Sec. 4. There shall be employed in the office of the clerk of the City Court of Savannah two deputy clerks and one stenographer, who are to receive the salaries at present paid them until the same shall be changed by order of the commissioners and ex-officio judges of Chatham County, Georgia. Clerical assistance; salaries. Sec. 5. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the first day of October,

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1927, the sheriff of the City Court of Savannah shall appoint one of his deputies as the chief deputy, and said chief deputy shall be paid by the Commissioners of Roads and Revenues of Chatham County, Georgia, from the county treasury, as an expense of said court, the sum of fifty ($50.00) dollars per month, in addition to the salary he receives as a deputy sheriff of said court. Sheriff's chiefdeputy. Salary. Sec. 6. Be it further enacted by the authority aforesaid, that all attachments returnable to the said City Court of Savannah shall be triable at the first term, that is to say at the term to which made returnable. The declaration in attachment shall be filed on the first day of the term; and all answers, demurrers, and other defenses thereto shall be filed in said court on the second Monday in the term to which said attachment is made returnable, or else the said cause shall be marked in default on said second Monday, and a verdict or judgment may be taken. After any such case is marked in default or after a verdict or judgment may have been taken or entered by reason of such default, the judge of said court may within ten days set aside such default or set aside such verdict or judgment, upon application duly made, for good and sufficient cause shown, and upon payment of costs by the applicant, and upon the applicant filing immediately his defenses and announcing ready for trial. Attachments. Sec. 7. Be it further enacted by the authority aforesaid, that in all cases filed in the City Court of Savannah, where the amount of money or the value of the property involved is not greater than the jurisdictional amount of the Municipal Court of Savannah, the costs or fees charged and collected in said City Court of Savannah shall be the same as the fees and costs provided for by law for like cases of like amount in said Municipal Court of Savannah; it being the intention of this section to provide that the costs and fees in the two said courts shall be the same where the case in said city court as to the amount of money or the value of the property involved is within the jurisdiction limit of the Municipal Court of Savannah. Costs where amount involved is within jurisdiction of municipal court.

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Sec. 8. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the clerk of the City Court of Savannah shall not demand or collect the deposit fee of ten dollars heretofore provided for by law, as prerequisite of the filing of any case in said court. Deposit for costs, not required. Sec. 9. This Act shall become effective on the first day of January, 1928. Effective Jan. 1, 1928. Sec. 10. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 15, 1927. SAVANNAH MUNICIPAL COURT; AMENDING ACT. No. 311. An Act to amend an Act entitled An Act to carry into effect in the City of Savannah the provisions of the amendment to paragraph 1, section 7, of article 6, of the constitution of the State of Georgia, ratified October 2, 1912, relating to the abolition of justices' courts and the office of justice of the peace in certain cities, as further amended by an Act of the legislature of Georgia approved July 29, 1914, and ratified November 3, 1914, relating to the abolition of said courts and officers in the City of Savannah, and the establishment in lieu thereof of such court or courts or system of courts as the General Assembly may deem necessary; and in pursuance thereof to abolish all justices' courts and the office of justice of the peace in the City of Savannah, and to establish in lieu thereof the Municipal Court of Savannah; to define its jurisdiction and powers; to provide for the appointments, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trial therein; to abolish the office of constable in said city; to define the jurisdiction of said court as to amount and subject-matter, and territorial

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jurisdiction of each section thereof; and for other purposes, approved August 13, 1915 (Georgia Laws 1915, p. 124); and to amend Acts amendatory thereto; said amendments to all said Acts by this Act to be as follows: To increase and define the civil jurisdiction of said Municipal Court of Savannah; to provide special jurisdiction for foreclosure of liens on real estate and on personal property; to change, increase, and regulate the pleading, practice, and procedure in all respects in said court, including jurors, jury trials, new trial, judgments, and appeals from final judgments therein; to authorize the bailiff of said court or any deputy bailiff thereof, to levy on and conduct the sale of real estate under an execution or process of said court; to fix the salaries of the chief judge and the two associate judges of said court, and the mode of payment thereof, the salaries of said associate judges thus fixed being increased; to provide for the appointment of another deputy clerk and additional deputy bailiffs of said court, and for the removal of all such deputy officers; to provide for a bond being given by the clerk and by the bailiff of said court; to fix the amount and mode of payment of the salaries of the clerk, deputy clerk, bailiff, and deputy bailiffs of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act creating and establishing the Municipal Court of Savannah in the City of Savannah, approved August 13, 1915, and the Acts amendatory thereto, be and the same are hereby altered, amended, and revised as follows: Sec. 2. Be it further enacted, that the said Municipal Court of Savannah, in addition to the usual jurisdiction of justices' courts of this State, shall have jurisdiction within the corporate limits of the City of Savannah and also without such limits in Chatham County, concurrent with the superior court, to try and dispose of all civil cases or proceedings of whatever nature, ex contractu or ex delicto, under the common law or by statute, in which the principal

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sum sworn to or claimed to be due, or the value of the property in dispute, does not exceed three hundred dollars, and of which jurisdiction is not vested by the constitution and laws of the State of Georgia exclusively in other courts. The criminal jurisdiction of said municipal court shall not exceed the jurisdiction now vested by law in the justices' courts of this State. Civil jurisdiction increased. Sec. 3. Be it further enacted, that the said court shall have jurisdiction to foreclose all liens of laborers, contractors, materialmen, and other liens of a similar nature, on real estate as well as on personal property, provided the amount does not exceed the principal sum of three hundred dollars. The manner of foreclosing such liens and of foreclosing mortgages on personal property in said court shall be as provided by law for such foreclosures in the superior courts of this State. Foreclosure. Sec. 4. Be it further enacted, that the pleading, practice, and procedure in said Municipal Court of Savannah in all civil cases or proceedings involving not over one hundred dollars ($100.00) as principal claimed, or the value of the property in dispute, shall be the same as that prescribed by law for justices' courts in the City of Savannah at the date of the aforesaid Act of August 13, 1915; and on appeal, certiorari, and all other matters, the procedure in said court in such cases, except as changed in other sections of said Act of 1915, or amendatory Acts, and in this Act, shall be as prescribed by law for said justices' courts. Pleading, practice, etc. Sec. 5. Be it further enacted: (a) That in all civil cases or proceedings in the said Municipal Court of Savannah, in which the principal sum claimed, or the value of the property in dispute, exceeds the sum of one hundred dollars ($100.00) and is not over three hundred dollars ($300.00), the general laws of this State in regard to the commencement of actions in the superior courts, and the defenses thereto, of whatever nature the pleadings, the method of procedure and practice therein, and in regard to the examination

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of parties to suits or witness by interrogatories or under subpoena, witnesses and their attendance, continuance, nonsuit, direction of verdict, mistrial, charge of the court, granting 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 hereafter provided by this Act. (b) That such actions in said municipal court shall be by petition, and in all such respects be conformable to the mode of procedure in the superior courts, save as in this Act excepted; and process to each suit shall be annexed by the clerk of said court or the deputy clerk thereof, tested in the name of the Chief Judge of said court, and be directed to and served by the bailiff of said court, or his lawful deputy. (c) No demurrer or special plea shall be required, but every defense in point of law or of fact may be taken advantage of in the answer; provided, that if the plaintiff shall verify his claim, or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. Same. Sec. 6. Be it further enacted, that the presiding judge or judges of said municipal court shall call the appearance docket on the first Tuesday in each term. (a) That in all cases in which the principal sum claimed, or the value of the property in controversy, does not exceed the sum of one hundred dollars, and in which service has been legally made, and there is no appearance or defense by the defendant or defendants, the plaintiff shall be entitled to judgment for the amount of his claim, or the value of the property in controversy, whether verified or unverified, on the call of the docket and without the case being assigned for trial or proof. (b) That in all cases in which the principal claimed, or the value of the property in controversy, exceeds one hundred dollars ($100.00) and not over three hundred dollars ($300.00), and in which service has been legally made, and no answer or defense has been filed by the defendant or defendants on the first day of the term, the presiding judge or judges, on the

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call of the appearance docket, shall mark cases In default, and all cases so marked shall be ripe for trial and judgment. After rendition of final judgment in a case so marked In default, the right of opening such default shall terminate, unless by order of the court, or by consent of parties or counsel of record, evidenced by a written stipulation field with the clerk of said court. Judgment where no defense made. Default. Sec. 4. Be it further enacted, that on the call of the appearance docket, as hereinbefore provided, all cases ready for assignment for a hearing shall be assigned for trial by the presiding judge or judges of said municipal court on a day within the term to which they are brought, unless continued for good cause. If a case so assigned or placed on the trial calendar is not disposed of within ninety days from the first day of the term to which it is brought, it may be dismissed by the presiding judge or judges of said court, upon written order, in the exercise of a sound discretion, with costs taxed against the delinquent plaintiff, without prejudice to a renewal suit being commenced after such dismission within the time and on the terms as now fixed by the laws of this State. Assignment for trial. Dismissal of cases not tried. Renewal of suit. Sec. 8. Be it further enacted, that it shall be the duty of the clerk of said municipal court to prepare and file in his office, from the list of the traverse jury of the Superior Court of Chatham County, as provided from time to time for such superior court, a list of the traverse jurors appearing therein who are residents of the City of Savannah or of said county. From said list so prepared traverse jurors in said municipal court shall be drawn in the following manner: The clerk of said municipal court shall write upon separate tickets the names of such traverse jurors, and shall number the same and place the same in a box prepared for that purpose. From it shall be drawn twelve traverse jurors in the manner prescribed by law in the superior courts; all laws with reference to the drawing, selecting, and summoning of traverse jurors in the superior court shall apply to said municipal court under the limitation provided by this Act. Juries; list and drawing.

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Sec. 9. Be it further enacted, that all laws with reference to qualifications, relation, impanelling, challenging, and compensation of jurors, now or hereafter of force in the superior courts of this State, shall apply to and be observed in said municipal court, except where in conflict with the terms of this Act; and the compensation of said jurors shall be payable, from and after January 1st, 1928, by the proper county authorities out of the treasury of Chatham County. Jurors. Sec. 10. Be it further enacted, that all jury trials in said municipal court shall be by a jury of six, and from said panel of twelve jurors drawn and summoned by the provisions of this Act the presiding judge or judges of said municipal court shall cause to be made up two juries, and all cases and issues to be tried by jury at such term of said municipal court shall be tried by one of these juries, or by a jury stricken from both, plaintiff and defendant each being entitled to three peremptory challenge. In the event said panel should be reduced below twelve from any cause, the presiding judge or judges of said court shall have the power to fill it out by causing talesman to be summoned instanter. It shall also be in the power of the presiding judge or judges of said municipal court to cause to be drawn a panel of eighteen jurors, from which panel three juries shall be made up, if in his or their discretion the business of the court justifies such additional third jury. Jury of six. Sec. 11. Be it further enacted, that every case in said municipal court shall be tried by the presiding judge or judges thereof without a jury, unless a written demand for trial by jury is filed in said court by the plaintiff or his attorney, or by any other party seeking affirmative relief at the time such action or proceeding is instituted, and by the defendant or his attorney on the day upon which he is required to appear in court in response to proceedings against him. Upon the failure of a party to demand a trial by jury, in manner aforesaid, he shall be held to have waived such right; provided, however, that

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when neither party demands a jury trial the presiding judge or judges of said court shall have the right, on his or their own motion and in his or their discretion, to refer any cause involving an issue of fact to a jury for trial in the same manner as demanded by either party. Trial without jury. Sec. 12. Be it further enacted, that in all cases tried in said municipal court in which the principal sum claimed, or the value of the property in controversy, exceeds the sum of one hundred dollars ($100.00) and is not over three hundred ($300.00), either party or his counsel may make a motion for a new trial in said court, under the laws and rules and procedure governing the making of motions for new trials in the superior court. And on the hearing of such motion the full bench of three judges, or a majority, shall preside and determine the same. Motion for new trial. Sec. 13. Be it further enacted, that an appeal to the Superior Court of Chatham County from the judgment of said municipal court, in all cases in which the principal sum claimed, or the value of the property in controversy, exceeds one hundred ($100.00) dollars and is not over three hundred ($300.00) dollars, shall be by writ or certiorari, and the procedure shall be conformable in all respects with the laws of this State on certiorari to the superior court; provided, that when a party in such a case makes a motion for new trial in said municipal court, there shall be no right of certiorari in said case to the Superior Court of Chatham County until a judgment of said municipal court makes a final disposition of such motion for new trial. Appeal to superior court. Sec. 14. Be it further enacted, that the bailiff of the said Municipal Court of Savannah, or any deputy bailiff thereof, is hereby authorized to levy an execution or process issuing from the said municipal court upon any real estate in the City of Savannah or in Chatham County, belonging to the defendant in such execution or process, and all subsequent proceedings shall conform to the laws of this State governing the sale of real estate under executions

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issuing from the superior courts of this State, excepting that the sale of the real estate levied on under an execution or process issuing from the said municipal court, as aforesaid, shall be conducted by the bailiff of said municipal court, or by a deputy bailiff thereof. Levy and sale. Sec. 15. Be it further enacted, as a substitute for section 2 of the amendatory Act approved August 16, 1918, to take effect on January 1st, 1928, that the chief judge of the said Municipal Court of Savannah and ex-officio judge of the City Court of Savannah, shall receive a salary as now fixed by law, of six thousand dollars ($6,000.00) per annum, which, from and after January 1st, 1928, shall be paid in monthly installments by the proper authorities of Chatham County, and said authorities, the County Commissioners of Chatham County, are hereby directed and authorized to pay the same as aforesaid out of the treasury of Chatham County. Chief judge's salary, $6,000. Sec. 16. Be it further enacted, as a substitute for section 3 of the amendatory Act, approved August 16, 1918, to take effect on January 1st, 1928, that each of the two associate judges of the said Municipal Court of Savannah shall, from and after January 1st, 1928, receive and be paid a salary of four thousand and eight hundred dollars ($4,800.00) per annum, payable in monthly installments by the aforesaid proper county authorities out of the treasury of Chatham County. Salary of associate judges, $4,800. Sec. 17. Be it further enacted, to take effect on January 1st, 1928, that in the event the three judges of the said Municipal Court of Savannah, certify, with approval of the county commissioners of Chatham County, that additional officers than as now provided by law are necessary in order to properly conduct the business of said court, there shall be appointed by the clerk, with the approval of the County Commissioners of Chatham County and the Chief Judge of said court, another deputy clerk, and by the bailiff, with the approval of the County Commissioners of Chatham County and the Chief Judge of said court,

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additional deputy bailiffs. The Chief Judge of said municipal court is authorized to remove any or all of such deputy officers appointed in pursuance of this section or any prior existing law, for cause, or at any time that he thinks the duties of the court do not require such additional deputy officers. Additional deputy clerk and deputy bailiffs. Removal of officers. Sec. 18. Be it further enacted, that section 17 of the Act approved August 13, 1915, establishing said Municipal Court of Savannah, be amended, to take effect from January 1st, 1928, by striking the words, Mayor and Alderman of the City of Savannah, in the 7th and 8th lines, and substituting therefor the words, County Commissioners of Chatham County; also substituting the words deputy bailiffs for the words deputy bailiff in said section, as well as adding the words or deputies after the word deputy in the end of said section; so that said section of said Act of 1915, when thus amended, will read as follows: That the clerk shall be responsible for the acts of the deputy clerk, and the bailiff shall be responsible for the acts of the deputy bailiffs. The said clerk shall give bond in the sum of five thousand dollars ($5,000.00), and said bailiff in the sum of five thousand dollars ($5,000.00), each with good security, payable to the County Commissioners of Chatham County, for the faithful performance of the duties of his office by himself and his deputy or deputies, and for the true and prompt payment and accounting of all monies by himself and his deputy or deputies. Bond of clerk and bailiff payable to county commissioners. Sec. 19. Be it further enacted, as a substitute for section 2 of the amendatory act approved August 17, 1920, to take effect on January 1st, 1928, that from and after January 1st, 1928, the County Commissioners of Chatham County shall be and are hereby empowered and directed to fix, regulate, prescribe, and pay the salaries of the clerk, deputy clerk, bailiff, and deputy bailiffs of the said Municipal Court of Savannah out of the Treasury of Chatham County. Salaries of clerk, bailiff etc., fixed by commissioners.

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Sec. 20. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927. SOPERTON CITY COURT; AMENDING ACT. No. 212. An Act amending an Act creating the City Court of Soperton, approved August 18, 1919, as amended by certain amendatory Acts, to wit, the Act approved August 10, 1920, an Act approved August 20, 1923, and an Act approved August 13, 1924, this amendatory Act to change the qualifications for judge and solicitor of said court; to change the terms of their office; to change the time for holding the terms of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that all of section 3, on page 184 and 185 of the Acts of 1923, Georgia Laws of 1923, be and the same is hereby stricken and the following substituted in lieu thereof: Section 3. Be it further enacted, that there shall be a judge of said court, who shall be elected by the qualified voters of Treutlen County at an election to be held on the 10th of September, 1919, and shall hold under such election until January 1st, 1921, and until his successor is elected, whose term of office shall begin on the first day of October, 1919, and at the regular election to be held in November, 1920, and every four years thereafter a judge shall be elected, whose term of office shall begin on January 1, after he is so elected, and thereafter the term of office of judge shall be four years, and the judge elected in November, 1928, shall begin his term on January 1, 1929, and serve for four years. All vacancies in the office of judge shall be filled by appointment by the Governor, and shall be for the unexpired

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term. The judge of the court shall be a resident of Treutlen County, shall be a qualified voter, shall be a licensed, practicing attorney of ten years experience, and he shall receive a salary of $1,200.00, to be paid in monthly installments from the county treasury of Treutlen County, on warrants drawn by the officer or officers having the management and control of the financial affairs of said Treutlen County. The judge of said court shall, before entering upon the discharge of his duties as judge, take and subscribe the following oath, to wit: I do solemnly swear that I will administer justice without respect to persons, and do equal justice to the rich and poor, and that I will faithfully and impartially, and to the best of my ability and understanding, discharge all the duties devolving upon and required of me as judge; so help me God. Said shall be filed in the clerk's office of said court and entered upon the minutes of said court. Said judge shall not be deprived of his right to practice law in the courts of this State, except the City Court of Soperton, except in such cases as may conflict with his duties as judge. Judge's qualifications, term, etc. Salary increase. Oath. Right to practice law. Sec. 2. Be it further enacted by the authority aforesaid, that all of section 4 on page 186 of the Acts of 1923, Georgia Laws of 1923, be and the same is hereby stricken out, and the following substituted in lieu thereof: Sec. 4. There shall be a solicitor of said court who shall be elected as the judge is elected, and whose term of office shall be the same as the judge; he shall prosecute all cases coming before said court in which the State is a party, and he shall represent the State in all matters appealed from said court to the appellate courts of said State. The solicitor shall receive a salary of $720.00 per year, which shall be paid monthly from the county treasury of Treutlen County on warrant drawn by the officer or officers having charge of the financial affairs of Treutlen County. The solicitor shall receive no additional compensation, except that he shall have and receive the fees paid by the State for all cases in which he may represent the State in the appellate courts of Georgia. Solicitor's duties, term, etc. Salary increase.

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Sec. 3. Be it further enacted by the authority aforesaid, that section 6 on page 521 of the Acts of 1919, Georgia Laws for 1919, of the original act creating the City Court of Soperton, be amended by adding to the end of the first sentence, and after the word attorney partly on the second line and partly on the third line of section 6, the following, of ten years experience, and a qualified voter, so that section 6 of the original Act approved August 18, 1919, when so amended shall read as follows, to wit: Section 6. That the solicitor of said court shall be a resident of Treutlen County, and shall be a practicing attorney of ten years experience, and a qualified voter. If for any reason the solicitor is disqualified or is absent when his services as solicitor are required, the judge of said court shall appoint a solicitor pro tem., who shall, for the time or cases appointed, discharge the duties of solicitor. For services rendered as solicitor pro tem, the solicitor of said court shall pay from his salary; and in event the solicitor and solicitor pro tem. cannot agree on the compensation for such services, it shall be the duty of the judge to fix the same, and when so fixed the solicitor shall be liable therefor and shall pay same. Before entering upon the discharge of his duties, said solicitor shall take and subscribe the following oath, to wit: I do solemnly swear that I will faithfully and without fear, favor, or affection, and impartially and to the best of my ability, and understanding discharge all the duties devolving upon and required of me as solicitor; so help me God. Said oath shall be filed in the clerk's office of said court and entered upon the minutes of said court. Qualifications of solicitor. Solicitor pro tem. Oath. Sec. 4. Be it further enacted by the authority aforesaid, that section 12 on page 524 of the Acts of 1919, Georgia Laws for 1919, of the original Act creating the City Court of Soperton be amended by striking the word first in the third line of said section 12, and inserting in lieu thereof the word third, and by striking the word third in the seventh line of said section 12, and inserting in lieu thereof the word first, so that section 12 of the original

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Act approved August 18, 1919, when so amended shall read as follows, to wit: That there shall be both monthly and quarterly terms of said court, the quarterly terms to be held on the third Mondays in October, January, April, and July, and such terms shall continue in session for a length of time, in the discretion of the judge, as may be necessary to despatch the business of said court. The monthly terms of said court shall be held on the first Monday in each month, and shall continue in session as long, in the discretion of the judge, as may be necessary to despatch the business returnable to the monthly terms, as hereinafter provided. Terms of court. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. SWAINSBORO CITY COURT SALARIES. No. 60. An Act to amend an Act entitled An Act to establish the City Court of Swainsboro, in and for the County of Emanuel; to define its jurisdiction and powers; to provide for the election of the judge and solicitor thereof and define their powers and duties, and provide for their compensation; to provide for a clerk and sheriff thereof, and prescribe their duties and fees; to provide for pleading and practice and new trial therein, and writs of error therefrom, and for other purposes, approved August 21st, 1916: To provide for increased compensation for the judge and solicitor of said City Court of Swainsboro; to provide when effective, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 21st, 1916, creating the City

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Court of Swainsboro, published in Gergia Laws 1916, pages 297 to 314, inclusive, be amended as follows: Section 1. That section 2 of said Act be amended by striking from the seventeenth, eighteenth, and nineteenth lines of said section the language: fifteen hundred dollars per annum, which shall not be increased or diminished during his term of office, and inserting in lieu thereof the language: eighteen hundred dollars per annum; so that when said section is amended will read as follows: Judge's salary increased. Sec. 2. Be it further enacted, that there shall be a judge of the City Court of Swainsboro, who shall be elected by the qualified voters of Emanuel County on Tuesday after the first Monday in November of the year 1916, for a term of four years from the first of January, 1917, and at the general election for State and county officers to be held each fourth year thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and qualified; and provided, that all vacancies in the office of judge, which may occur by death, resignation, removal, or otherwise, shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which then may be in session, or, if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said court shall receive a salary of eighteen hundred dollars per annum, and shall be paid monthly out of the treasury of the County of Emanuel by the person or persons charged by law with the paying out of the money of Emanuel County. Sec. 2. That section 8 of said Act be amended by striking from the fourteenth, fifteenth, and sixteenth lines of said section the following language: one thousand dollars per annum, which shall not be increased or diminished during his term of office, and inserting in lieu thereof the language: twelve hundred dollars per annum; so that when said section is amended will read as follows: Solicitor's salary increased.

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Sec. 8. Be it further enacted, that there shall be a solicitor of the said City Court of Swainsboro, who shall be elected by the qualified voters of Emanuel County on Tuesday after the first Monday in November of the year 1916, for a term of four years from the first of January, 1917, and at the general election for State and county officers to be held each fourth year thereafter for each succeeding term of four years, and said solicitor shall hold office until his successor is elected and qualified; and provided, that all vacancies in the office of solicitor which may occur by death, resignation, removal, or otherwise, shall be filled in the same manner as vacancies in the office of judge of said court are filled. The solicitor of the said City Court of Swainsboro shall receive a salary of twelve hundred dollars per annum, and shall be paid monthly out of the treasury of the County of Emanuel by the person or persons charged by law with the paying out of the money of Emanuel County. No person shall be eligible to the office of solicitor of said city court who is not twenty-five years of age, and who has not resided in said country for one year before his qualification, and who has not been a practicing attorney at law for two years next preceding his qualification. Sec. 3. That this amendment to said Act shall be effective beginning August 1st, 1927. Sec. 4. That all laws and parts of laws in conflict with this amendment of said Act shall be and are hereby repealed. Approved July 27, 1927. TIFTON CITY COURT ABOLISHED. No. 59. An Act to repeal An Act to create and establish the City Court of Tifton, in and for the County of Tift; to define the civil and criminal jurisdiction of said city court; to provide for the terms thereof; to provide for the election

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of a judge and solicitor thereof by the qualified voters of Tift County, and to fix the salary of the Judge of said court, and the costs and fees of the solicitor thereof; prescribe the duties and powers of the officers of said court; to provide that the clerk of the Superior Court of Tift County shall be clerk of said court, and that the sheriff of Tift County shall be the sheriff of said court; and to fix the fees of such officers; and for other purposes, approved August 21, 1906, and all the Acts amendatory thereof, to provide when the provisions of this Act shall become effective; to provide for the transfer of all cases, civil and criminal, and all matters pending in said City Court of Tifton to the Superior Court of Tift 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 same, that the City Court of Tifton, created and organized under and by virtue of an Act entitled An Act to create and establish the City Court of Tifton, in and for the County of Tift; to define the civil and criminal jurisdiction of said city court; provide for the terms thereof; to provide for the election of a judge and solicitor thereof by the qualified voters of Tift County, and to fix the salary of the judge of said court, and the costs and fees of the solicitor thereof; prescribe the duties and powers of the officers of said court; to provide that the clerk of the Superior Court of Tift County shall be clerk of said court, and that the sheriff of Tift County shall be the sheriff of said court; and to fix the fees of such officers, 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. City court of Tifton abolished. Sec. 2. Be it further enacted by the authority aforesaid, that all cases pending in said City Court of Tifton, both civil and criminal, be transferred to the Superior Court of Tift 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,

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and all other proceedings growing out of any execution, decree, or order of said city court shall be returned to said Superior Court of Tift County, Georgia, and all witnesses subpoenaed in cases pending in said City Court of Tifton shall attend the Superior Court of Tift County, Georgia, from time to time until said cases so transferred shall be disposed of. Transfer of cases, etc. Sec. 3. Be it further enacted by the authority aforesaid, that all cases pending in said city court, so transferred to said Superior Court of Tift County, Georgia, in which appearances have been made and pleadings filed by the defendants, or in which enteries 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 continuance in said superior court. Cases in default, trial of. Sec. 4. Be it further enacted by the authority aforesaid, that the provisions of this Act shall become of full force and effect from and after January 21, 1928. Effective Jan. 21, 1928. 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 25, 1927. WRIGHTSVILLE CITY COURT; SOLICITOR AND JURORS. No. 299. An Act to amend the Act creating the City Court of Wrightsville in Johnson County, Georgia, approved August 19th, 1912, and to amend the amendatory Act of said court, approved July 10th, 1924, by prescribing a term of office for the solicitor of said court, and to provide for the selection of jurors for said court; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act approved August 19th, 1912, creating the City Court of Wrightsville in Johnson County, Georgia, and the amendatory Act of said court, approved July 10th, 1924, shall be amended by striking from section two of the amendatory Act the following words, whose term of office shall be two years, and inserting in lieu thereof the following words, whose term of office shall be four years, so that when section five of the Act creating the City Court of Wrightsville in Johnson County, Georgia, approved August 19th, 1912, and the amendatory Act of the said City Court of Wrightsville, approved July 10th, 1924, shall have been amended, they shall read as follows: That there shall be a solicitor of said city court of Wrightsville, who shall be elected by the qualified voters of said county in the same manner and at the same time and place that members of the General Assembly are now elected or may hereafter be elected, whose term of office shall be four years and until his successor is elected and qualified, and any and all vacancies in said office shall be filled in the same manner as vacancies in the office of Judge shall be filled. He must have been a resident of Johnson County at least one year immediately preceding his election, and must have been a practicing attorney at least one year immediately preceding his election or appointment. He shall take the same oath as required of solicitor-general. He shall prosecute all cases cognizant before the court. He shall represent the State in each case carried to the Supreme Court or Court of Appeals from said city court. He shall draw all accusations for the trial of offenses in said court, which accusations shall be based on affidavits as hereinafter provided. He shall receive for his services the same fees as solicitors-general of this State are allowed by law for similar service, except that in all gaming or gambling cases he shall receive only ten dollars for each case. In the absence or disqualification of the said solicitor, the judge of said court shall appoint a solicitor pro tem., who shall receive the same fees

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as are the regularly appointed solicitor of said court; provided, that in all indictments or presentments transferred from the superior court to the said city court, the solicitor of said court, or the solicitor pro tem, shall receive only the sum of five dollars for each case so transferred and finally disposed of in said city court. Solicitor's term of office 4 years. Sec. 2. Be it further enacted by the authority aforesaid, that section twenty-seven of the Act creating the City Court of Wrightsville in Johnson County, Georgia, approved August 19th, 1912, be amended by striking from said section twenty-seven the following words, from which shall be drawn twenty-four traverse jurors to serve in said court, and inserting in lieu thereof the following from which shall be drawn thirty-six traverse jurors to serve in said court, so that when said section twenty-seven of the Act creating the City Court of Wrightsville in Johnson County, Georgia, approved August 19th, 1912, shall have been amended, the whole of said section twenty-seven shall read as follows: That traverse jurors in the City Court of Wrightsville shall be procured in the following manner; the clerk of said city court shall provide a box similar to the traverse-jury box of the superior court, and shall write upon separate pieces of paper the name of each person on the grand and traverse-jury list of the county, of the superior court, and shall place all of said names in the jury-box of the said city court, from which shall be drawn thirty-six traverse jurors to serve in said court at each quarterly term only. All laws in reference to the drawing and summoning and empaneling traverse juries in the superior courts shall apply to the City Court of Wrightsville, and the said city-court judge shall have the same power to summon tales jurors for the city court that the judge of the superior courts have for the superior courts. Jurors in the city court shall receive the same pay and 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 drawn, 36.

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Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927.

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TITLE II. Counties and County Matters. ACTS. Atkinson Commissioners; Repealing Act. Atkinson County Commissioners. Bacon Commissioner; Repealing Act. Bacon County Commissioners. Bacon Tax-Commissioner; Referendum. Ben Hill County School Funds. Berrien County Commissioners; Referendum. Brantley County Commissioners. Bryan Commissioners; Repealing Act. Bryan County Commissioners. Bryan County; Compensation to Peace Officer. Bryan County Depository; Referendum. Bryan County Depository; Repealing Act. Bryan County Treasurer. Butts Commissioners; Amending Act. Butts Treasurer's Salary and Bond. Camden Commissioners; Amending Act. Carroll County Commissioner's Salary. Chatham Commissioners; Amending Act. Charlton Commissioners Abolished. Charlton County Commissioners. Cherokee Treasurer's Office Abolished. Clinch and Ware Counties; Boundary. Colquitt Commissioners; Amending Act. Columbia County Commissioners. Crawford Treasurer's Office Abolished; Depository Created; Referendum. DeKalb Commissioner and Clerk; Salaries. DeKalb County-Tax Commissioner. DeKalb County Treasurer; Referendum. Dougherty Commissioners' Salaries. Early County Commissioners. Early County Tax-Commissioner. Elbert Commissioner's Term of Office. Elbert Commissioner's Term of Office. Emanuel County Treasurer's Office, Referendum to Abolish. Evans County Commissioners; Amendment. Evans County Commissioners' and Clerk's Compensation. Evans County Road-Tax Law. Floyd County Commissioner; Referendum. Fulton Commissioners' Clerk's Salary. Fulton County Parks, etc.; Referendum. Fulton County Zoning Act. Glascock Commissioners; Referendum. Glascock County Commissioner. Glynn County Building Commission. Glynn County Marsh Lands Granted.

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Glynn County; Power of Eminent Domain. Grady County Commissioners. Habersham and Rabun; Deer-Killing. Hall Commissioners and Supervisor. Jefferson County Treasurer. Lamar County Advisory Board. Laurens Commissioners, Reports By. Laurens County Bond Commission. Madison County-Tax Commissioner. McIntosh County; Taking of Catfish. McIntosh County Tax-Commissioner. Meriwether County Treasurer's Pay. Miller County Commissioners. Mitchell County Commissioners. Mitchell County Dog Law Repealed. Monroe County; Payment of Registrars' Fees. Muscogee County Tax-Commissioner. Oglethorpe Commissioner's Bond and Clerk. Peach County Treasurer's Salary and Bond. Pulaski Treasurer's Office Abolished. Quitman County Treasurer's Salary. Richmond Board of Education Secretary. Richmond Commissioners; Amending Act. Screven County Treasurer's Salary. Stewart Commissioners; Repealing Act. Stewart County Commissioner. Stewart County Treasurer's Office Abolished; Depository Created. Taliaferro Commissioners' Chairman. Taliaferro Sheriff; Patrol Act Repealed. Tattnall Commissioners; Repealing Act. Tattnall County Commissioners. Tift Commissioners; Amending Act. Tift County Tax-Commissioner. Toombs Commissioners; Amending Act. Towns County Districts Exempt from Fence and Stock Law. Towns County Treasurer's Office. Troup County-Tax Commissioner. Troup Treasurer's Office Abolished. Turner County Commissioners. Twiggs County Commissioner and Clerk. Union County Treasurer's Salary. Upson Treasurer's Office Abolished. Washington Commissioners' Compensation. Washington County Attorney; Repealing Act. Wayne County Fishing Regulated. Wheeler Commissioner's Clerk's Salary. Wheeler County Officers. Wheeler County Treasurer. Wheeler Tax-Commissioner; Repealing Act. ATKINSON COMMISSIONERS; REPEALING ACT. No. 369. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County

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of Atkinson; to provide for the appointment and election of members thereof; to provide for appointment of a clerk; to define their duties and powers, and prescribe their qualifications, and for other purposes, approved August 8th, 1919, as amended by an Act approved August 15th, 1922, and to provide when this Act shall go into effect; and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that on and after the first Monday in January, 1929, an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Atkinson; to provide for the appointment and election of members thereof; to provide for appointment of a clerk; to define their duties and powers, and prescribe their qualifications, and for other purposes, approved August 8th, 1919, as amended by an Act approved August 15th, 1922, be and the same is hereby repealed. Provided, however, that this Act shall not go into effect until the first Monday in January, 1929, and that the present members of the Board of Commissioners of Roads and Revenues for Atkinson County shall remain in office and perform their duties until a new Commissioner of Roads and Revenues for Atkinson County shall have been elected and qualified under the provisions of an Act of the General Assembly of the State of Georgia, establishing a Commissioner of Roads and Revenues for said Atkinson County. Repeal of Act creating board. Effective January 1929. 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 23, 1927. ATKINSON COUNTY COMMISSIONER. No. 377. An Act to create a Commissioner of Roads and Revenues for Atkinson County, Georgia; to provide for his election,

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and fix his term of office; to fix his compensation and provide his expense account, and to fix his bond, and to prescribe his powers and duties; to provide for a clerk for 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 his clerk is interested; and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that there shall be created and is hereby created a Commissioner of Roads and Revenues for Atkinson County, Georgia, to be known as Commissioner of Roads and Revenues for said county, whose term of office shall be two years; and said Commissioner of Roads and Revenues for said county shall be elected by the qualified voters of said county at the general state election in November, 1928, and a Commissioner of Roads and Revenues for Atkinson County shall be elected at such general elections every two years thereafter, and each Commissioner of Roads and Revenues for Atkinson County elected as provided in this Act shall go into office on the first Monday in January after his election. Commissioner; election, term. Sec. 2. Be it further enacted by the authority aforesaid, that any person to be eligible to hold the office of Commissioner of Roads and Revenues for said County of Atkinson, under provisions of this Act, must be at least twenty-five years of age, shall have been a bona fide resident and citizen of said county for two years or more prior to his election, shall be a freeholder, shall be of good moral character, and shall be experienced in matters of finance. The said commissioner shall be ineligible to hold any other office of the county during his term of office as such. Qualifications. Sec. 3. Be it further enacted by the authority aforesaid, that in the event of a vacancy in the office of Commissioner

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of Roads and Revenues for Atkinson County, by reason of death, resignation, or otherwise, the ordinary of said county shall serve as such commissioner until his successor is elected and qualified; and such vacancy shall be filled at a special election called by the ordinary of said county, or, in his absence, the Clerk of the Superior Court of Atkinson County, shall call said special election, which said election shall be held within thirty days after the death, resignation, or other cause resulting in such vacancy. Vacancy. Sec. 4. Be it further enacted by the authority aforesaid, that said commissioner shall have his office in the court-house at Pearson, Georgia, in said county, and shall keep said office open for the transaction of county business on the first Monday in each month, and he 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 he shall also call special meetings in his office in his discretion. Office days. Sec. 5. Be it further enacted by the authority aforesaid, that said commissioner shall, before entering upon the duties of his office, make and subscribe to an oath, before the ordinary of said county, to faithfully discharge his duties and to carry out the provisions of this Act, to the best of his skill and knowledge, and to the best interest of the entire County of Atkinson. Oath. Sec. 6. Be it further enacted by the authority aforesaid, that said commissioner, before entering on the discharge of his duties as such, shall give bond with good security, said security to be a good and solvent surety company authorized to do business in Georgia, approved by the ordinary of said county, in the sum of ten thousand ($10,000.00) dollars, payable to the ordinary of said county and his successors in office, and conditioned for the faithful discharge by said commissioner of his duties and the carrying out of the conditions hereof, which said bond may be sued upon in the name of said ordinary, either on his

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own motion or by the direction of the grand jury of said county; and the said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, or any tort or wrong committed under color of his office, as well as for neglect or nonfeasance. Said commissioner is authorized to pay the annual premium due on such bond out of the public funds of said county. Bond. Sec. 7. Be it further enacted by the authority aforesaid, that the salary of said commissioner shall be sixteen hundred ($1600.00) dollars per annum, to be paid monthly. However, the grand jury of said county which convenes at the last regular term of Superior Court of said county each year may, if they see proper to do so, increase said salary by proper recommendation, not to exceed $1800.00 per annum, or said grand jury may diminish said salary, but not below the sum of $1400.00 per annum. Until such recommendation by said grand jury said salary shall remain $1600.00 per annum. And said commissioner shall also be allowed the sum of $250.00 per annum as expense account for the use of automobile, gasoline, oil, etc., to be paid similarly. Salary. Sec. 8. 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 malitia districts; in supervising the tax-collector's and tax-receiver's books, and in allowing the insolvent list of the County of Atkinson, in settling all claims, charges, and demands against the County of Atkinson; in examining and auditing all claims and accounts of officers having the care, keeping, and collecting or disbursing any money belonging to Atkinson County or appropriated

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for its use or benefit, and bringing all such officers to settlement; in making rules and regulations for the promotion of public health, in electing or appointing all minor officers of said county, where an election is not otherwise provided for by law or the provisions of this Act; and to have and exercise control and management over the convicts of said county, according to the laws of this State; and to have and exercise all the powers as would be vested in the ordinary of said county when sitting for county purposes, in the absence of this Act; and to exercise such other powers as are granted by law or as are indispensable to their jurisdiction over county matters and county finance. He shall have all the powers in addition to the above which are usually vested in a board of commissioners for county purposes. Jurisdiction and powers. Sec. 9. 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 Atkinson 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. Convict labor. Sec. 10. Be it further enacted by the authority aforesaid, that said commissioner shall have authority to employ a competent attorney at law to advise him and represent the county in any litigation which may arise in which said county is a party. Said commissioner shall pay said county attorney not exceeding $150.00 per annum for his services in advising said commissioner. Whenever it is deemed necessary, the commissioner may employ additional counsel to assist the county attorney. Attorney.

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Sec. 11. 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 encumbency 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 ground for his recall by the grand jury. Commissionsioner to give entire time to duties. Sec. 12. 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 commodities so accepted shall be noted by said commissioner on his minutes or other books for that purpose. Commutation road tax. Sec. 13. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner, in all road 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 the said commissioner. Policy in road and bridge work. Sec. 14. Be it further enacted by the authority aforesaid, 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 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 $1.00 for each day he fails to work, or to be imprisoned in the common jail of the county in the discretion of the commissioner, or be sentenced to work on the chaingang

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not exceeding sixty days. A fine imposed by the commissioner may be in the alternative of either of the punishments allowed by this Act. Penalty for failure to pay commutation tax, etc. Sec. 15. Be it further enacted by the authority aforesaid, that said commissioner be and he is hereby empowered to try all defaulters, impose and enforce sentences, as provided in the preceeding 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. Trial of deputies. Sec. 16. Be it further enacted by the authority aforesaid, that defaulters shall be summoned for trial, arrested by such officer or officers as said commissioner may appoint, or by the sheriff or his deputy, or any lawful constable in said county. Arrest. Sec. 17. 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 Atkinson 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 office, the grand jury so finding shall declare said office vacant, and the ordinary 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. Investigation by grand jury. Vacating office. Sec. 18. Be it further enacted by the authority aforesaid, that the said commissioner shall have authority to hire a clerk, who shall be twenty-one years old and not related to him, and the said commissioner shall be responsible

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for the acts of said clerk, and the salary of said clerk shall not exceed the sum of $1000.00 per annum, to be paid monthly, and his duty shall be to keep the books and records of said county commissioner, and to keep said office open. And it shall also be the duty of the clerk of said commissioner, provided for in this Act, to attend all meetings of said commissioner on each first Monday 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 county funds, 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 county funds 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 to whom payable, and on what fund drawn, and for consideration. Clerk. Clerk's salary, duties. Warrants. Sec. 19. Be it further enacted by the authority aforesaid, that it shall be illegal for the Commissioner of Roads and Revenues for Atkinson County, or the clerk for said commissioner to purchase warrants drawn on the county funds, 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 said 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. It shall likewise be unlawful for said commissioner to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense, account, transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract for said county; and if said commissioner or said clerk shall violate any provision of this section,

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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. Illegal transactions by commissioner or clerk. Graft. Penalty. Sec. 20. 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 preceedings 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 on the county funds, for what purpose, and on what fund. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department purchased and used. He shall also keep a cash-book, in which he shall daily enter any cash item received by him, from whom received and for what purpose received. He shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the chain-gang of said county, including supplies and equipment therefor, and pay of wardens, guards, etc. He shall keep a book of inventory of all county property, including road machinery, live-stock, chain-gang outfit, road-working tools, and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year; and he shall keep such other books and records as may be necessary. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to inspection by any citizen or taxpayer of the County of Atkinson, or to any other person or persons interested in same. Records, accounts.

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Sec. 21. Be it further enacted by the authority aforesaid, that said commissioner, at the end of each quarter, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter. He shall verify said statement by an affidavit as follows: I,....., Commissioner of Roads and Revenues for Atkinson 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 of my office; so help me God. (Signed)..... Sworn to and subscribed before me this the..... day of....., 19... Said statement shall be published in the official organ of the county, provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event $1.00 per one hundred words. If the commissioner cannot obtain the publication of said account or statement at a satisfactory price by the official newspaper of the conty or some other newspaper with a general circulation in the county, then he shall erect a bulletin board in the rotunda of the courthouse and post such account or statement thereon. Statement of receipts and expenditures. Affidavit. 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 may apoint one or more expert accountants or expert bookkeepers to audit the books, accounts, and warrants of said commissioner. Said accountant or bookkeeper shall have the power to examine upon oath said commissioner relative to any account, item, warrant, or transaction in connection with said commissioner's office. Said accountants or bookkeepers shall audit all books, accounts, vouchers, warrants, and other records of said commissioner up to the first of April of the year following their appointment, and shall prepare an

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inventory of all property and material of the county on hand that date, and make a report of their findings to the judge of the Superior Court of said county, who shall submit the same to the grand jury at the first regular term of the Superior Court thereafter, which grand jury, in its discretion, may provide for the publication of said report in the official newspaper of the county or in pamphlet form. The grand jury appointing said accountant or bookkeeper shall prescribe the amount to be paid them for their services. Audit. Sec. 23. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or constitutionality of any other part, section, provision, or clause of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause, or part which may be so held to be invalid. Act not invalidated by void part. Sec. 24. 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 Atkinson County; and said commissioner shall be commissioned by the Governor of the State of Georgia as other county officers are commissioned. Elections. 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 23, 1927. BACON COMMISSIONER; REPEALING ACT. No. 349. An Act to repeal an Act entitled An Act to create the office of Commissioner of Roads and Revenues of the

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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, approved August 3, 1925. Section 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 an Act entitled 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, approved August 3, 1925, be and the same is hereby repealed. Repeal of Act creating office. 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, 1927. BACON COUNTY COMMISSIONERS. No. 348. An Act to create a Board of Commissioners of Roads and Revenues for the County of Bacon, and to provide for the election of members thereof, to define their duties and powers and prescribe their qualifications; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues in and for the County of Bacon be and the same is hereby created, consisting of seven members, one from each militia district of said county, to be elected by the qualified voters of the respective district which said member represents on said Board of Commissioners of Roads and Revenues in and for the County of Bacon. Board of commissioners created. Sec. 2. Be it further enacted, that within ten (10) days after the passage of this Act the clerk of the Superior Court of Bacon County shall call a special election to be held within thirty (30) days from said call, for the election of members of the said Board of Commissioners of Roads and Revenues in and for the County of Bacon. The same rules and regulations shall govern this special election as apply to the election of other county officers. The persons elected shall hold office until December 31, 1928, and until their successors are elected and qualified as herein provided. The successors of the commissioners who are elected at said special election shall hold office for four (4) years beginning January 1st, 1929, and shall be elected at the regular election for county officers to be held in 1928, and every four (4) years thereafter, as other county officers are elected. The expenses of said special election shall be paid out of the general funds of Bacon County. Election of commissioners; terms. Successors. Sec. 3. Be it further enacted, that all vacancies in membership of said Board of Commissioners, occurring in less than six months from the expiration of such term of office, shall be filled by the election of a duly qualified person from the district in which such vacancy occurs, by the remaining members of said Board of Commissioners; that all vacancies occurring more than six months before the expiration of such term of office shall be filled by a special election called by the clerk of the Superior Court of Bacon County, in the same manner as vacancies in other county offices are filled, and the person so elected in either event shall be commissioned and hold office until the expiration

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of the unexpired term and until his successor is elected and qualified. Vacancies. Sec. 4. Be it further enacted, that the returns of all special elections held under this Act shall be made to the clerk of the Superior Court of Bacon County, at the courthouse, at noon on the day following the special election. Said clerk of the Superior Court shall thereupon verify the returns of said election, and declare the person receiving the highest number of votes in each respective militia district elected a member of said Board of Commissioners of Roads and Revenues in and for the County of Bacon for each of said militia 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 the length of term for which each person or persons has been elected. Election returns, etc. Sec. 5. Be it further enacted, that each commissioner shall be commissioned by the Governor for the term of office for which he has been elected; and each shall, before entering upon the duties of his office, give bond in a good surety company in the sum of one thousand dollars, except the chairman of said Board of Commissioners, hereafter provided for, who shall give a surety bond in the sum of five thousand dollars, payable to the ordinary of said county, and conditioned upon the faithful performance of the duties of said office of commissioner. In addition to the oath required of all civil officers of this State, each of said commissioners shall take the following oath, to wit: I do solemnly swear that I will faithfully perform the duties of Commissioner of Roads and Revenues in and for the County of Bacon, and will so act as in my judgment will be to the best interest and welfare of the entire county; so help me God. The bonds of said commissioners to be approved by the ordinary of said county, recorded and filed as to the bonds of other county officers. Commission from Governor. Bond. Oath. Sec. 6. The clerk of the Superior Court of Bacon County shall, within ten (10) days after said special election, call

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the commissioners who are elected together at the courthouse in Bacon County; and after the approval of said bonds and the administration of the oath of office to said commissioners by the clerk of the Superior Court or the ordinary of said county, the said Board of Commissioners of Roads and Revenues in and for the County of Bacon shall organize by electing one of their number chairman, and one vice-chairman, by a majority vote of said board of commissioners, who shall hold office until the regular meeting of the said Board of Commissioners in January, 1928, when a chairman and vice-chairman shall be elected for a period of one (1) year, and thereafter at the regular meeting of said Board of Commissioners in January of each year a chairman and vice-chairman shall be elected for a period of one year. Nothing herein contained shall be construed to prevent the election of a former chairman or vice-chairman. Organization. Chairman, vice-chairman. The chairman shall preside at the meetings of said Board of Commissioners, but in his absence or disability the vice-chairman shall preside and perform any and all duties devolving upon said chairman. The said Board of Commissioners of Roads and Revenues in and for the County of Bacon shall meet in regular session on the first Tuesday of each month in its office in the court-house, but shall have the power to adjourn from day to day when the business of the county so requires, and shall meet in special session when three (3) members so request. The said Board of Commissioners may delegate to said chairman such power and authority as said board may deem fit and proper for said chairman to use and exercise in attending to the affairs of said county, and he shall be paid for such time only as is, in the discretion of said Board of Commissioners, necessary to attend to the business of said county. In addition to the compensation hereinafter provided, he shall be paid five (5) cents per mile for each mile traveled within the county in the discharge of his duties. Said Board of Commissioners may make such rules and regulations as it may deem advisable for its own government and the

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government of its clerk and other employees, not inconsistent with the provisions of this Act or the laws of this State. The said Board of Commissioners shall by majority vote elect a clerk, who shall serve at the pleasure of said board, and may at any time be removed by a majority vote of said board. The chairman and vice-chairman may also be removed by majority vote of said Board of Commissioners. In case of removal from office of chairman, vice-chairman, or clerk, the said board shall by majority vote elect their successor, or successors, at any meeting of the board, for the remaining part of the unexpired term. The clerk of the Superior Court and the ordinary are eligible to hold said office of clerk. The clerk of the said Board of Commissioners shall give a surety bond in the sum of one thousand dollars, payable to the Board of Commissioners of Roads and Revenues in and for the County of Bacon, and conditioned upon the faithful discharge of the duties of his office. The premiums on all bonds required under this Act shall be paid out of the general funds of Bacon County. Board meetings. Chairman's powers and pay. Mileage Rules. Clerk. Sec. 7. Be it further enacted, that the Board of Commissioners of Roads and Revenues in and for the County of Bacon shall have exclusive jurisdiction over and control of all county matters, and shall be vested with all the powers and authority which are necessary in, or incident to, the proper discharge of their duties, and not inconsistent with the laws of this State. It is the meaning and intent of this section that the said Board of Commissioners shall have all the powers vested by law in boards of commissioners, or the ordinaries of this State, in counties where there exists no boards of commissioners, when sitting for county purposes. Jurisdiction and powers. Sec. 8. Be it further enacted, that said Board of Commissioners shall keep minutes of its official acts in a minute-book kept for such purpose, and shall keep such records as are usually kept in the office of boards of commissioners showing the condition of said county, and shall issue and publish a statement not later than January 15, 1928, showing

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all receipts and disbursements of county funds from the beginning of their term of office until January 1st, 1928. Thereafter such statements shall be issued and published by the fifteenth day of the month following the ending of each quarter, taking the calendar year as a basis. Such statements shall be published in the official organ of Bacon County, provided satisfactory rates can be obtained for its publication therein; and if not, then said statements shall be posted on a bulletin board in the rotunda of the court-house. All county warrants shall be signed by the chairman and clerk of aid Board of Commissioners, and shall be taken from a book having a stub, and said stub and warrant shall be so filled out as to show the date, number, in whose favor drawn, for what purpose, and what funds same is drawn upon. The said stubs shall remain in said book and become a permanent record of said office. Records. Statements. Warrants. Sec. 9. Be it further enacted, that members of said Board of Commissioners of Roads and Revenues shall each receive as their compensation four ($4.00) dollars per day for attending meetings of said board, but not to exceed one hundred ($100.00) dollars per annum for any one commissioner, except the chairman of said board, who shall receive four ($4.00) dollars per day, but in no event shall his compensation exceed five hundred dollars per year. The clerk of said board shall be paid such salary as the board deems right and proper, not to exceed $35.00 per month. Per diem. Sec. 10. Be it further enacted, that the members of said Board of Commissioners shall be qualified voters and free-holders in their respective districts, and shall have resided in the county for a period of two (2) years immediately preceeding their election. Qualification. Sec. 11. Be it further enacted, that members of said Board of Commissioners may be removed for malfeasance or misfeasance in office, by a two-thirds vote of the grand jury of Bacon County, provided said member, before removal,

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is given a full and impartial hearing by said grand jury. Removal of commissioner. Sec. 12. Be it further enacted, that if any part of this Act is held to be unconstitutional and invalid, then that fact shall not affect the remaining portions of this Act which are not of themselves unconstitutional and invalid. Act not invalidated by void part. Sec. 13. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Aproved August 20, 1927. BACON TAX-COMMISSIONER; REFERENDUM. No. 294. An Act to consolidate the offices of tax-collector and tax-receiver of Bacon County, Georgia, by abolishing said offices and creating in their stead a tax-commissioner for said county, to define the duties and powers of said tax-commissioner, to provide for his compensation, bond, and for other purposes; this Act to become effective if ratified by the voters of Bacon County at an election as herein provided. Section 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-collector and tax-receiver of Bacon County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office to be known as tax-commissioner of Bacon County, Georgia, which is hereby created. Substitution of Tax commissioner for collector and receiver. Sec. 2. Be it further enacted by the authority aforesaid, that the rights, duties, and the liabilities of said tax-commissioner of Bacon County shall be the same as the rights, duties, and liabilities of the tax-collector and tax-receiver of said county, so far as same are applicable. said tax-commissioners shall give a surety bond in the

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sum now or may hereafter be required by law for tax-collector, and shall take the oath now or may hereafter be prescribed by law for tax-collector in this State. Duties. Bond. Sec. 3. Be it further enacted, that all taxes 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 Bacon County, Georgia, shall have full force and effect and be collectible as issued. All fees, commissions, and all other compensation allowed the tax-collector and tax-receiver of Bacon County at the time the provisions of this Act become effective, or might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said tax-commissioner and paid into the treasury of Bacon County, Georgia. Fi. fas. Fees. Sec. 4. Be it further enacted by the authority aforesaid, that the compensation of the tax-commissioner of Bacon County, Georgia, shall be a sum equal to seventy-five (75%) per cent. of the fees, commissions, and all other compensation accruing to the tax-collector and tax-receiver of Bacon County, Georgia, at the time the provisions of this Act become effective, or that might legally be allowed to such officers thereafterwards were it not for the provisions of this Act, and same shall be paid proportionately, monthly as near as same can be estimated, by county warrant. The Board of Commissioners of Roads and Revenues or the powers that be in and for the County of Bacon shall have the power and authority to increase or decrease the compensation of tax-commissioner of Bacon County, Georgia, upon proper showing made before said board or the powers that be, by increasing or decreasing the percentage of the aforesaid fees allowed said tax-commissioner as compensation. Provided, however, that such increase in no event shall be greater than 90% or less than 50% of the fees which would have accrued to the office of tax-collector and tax-receiver were it not for the provisions of this Act. Compensation.

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Sec. 5. Be it further enacted, that the first election of tax-commissioner of Bacon County, Georgia, 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 the person so elected shall enter upon the duties of his office January 1, 1929, and shall hold office for the term of four (4) years, and until his successor is elected, at the same time and manner in which other county officers are elected. All vacancies shall be filled in the same manner in which vacancies in other county offices are filled. Election. Term. Vacancies. Sec. 6. Be it further enacted, that it shall be the duty of said tax-commissioner to visit all parts of Bacon County and personally inspect property, with the object in view of getting all property in the county on the digest at a fair valuation. He shall make diligent effort to get all property on the digest, that the burdens of taxation may be more evenly distributed. Duties. Sec. 7. Be it further enacted, that this Act shall in no wise affect the offices of tax-collector and tax-receiver until those officials have served out the term for which they were elected. Tax-collector and tax-receiver serve to end of terms. Sec. 8. Be it further enacted by the authority aforesaid, that if any part of this Act is held to be unconstitutional, such fact shall not affect the validity of the remaining portions of this Act. Act not invalidated by void part. Sec. 9. Be it further enacted, that the question of creating the office of tax-commissioner of Bacon County, Georgia, shall be submitted to the qualified voters of Bacon County, on a day to be designated by the clerk of the Superior Court of Bacon County, at an election to be held for that purpose, notice of which said election shall be published in the official organ of Bacon County 30 days before the election. All persons voting in said election shall have written or printed upon their ballots the words, For Tax-Commissioner, or the words, Against Tax-Commissioner. And should the result be in favor of tax-commissioner

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then this Act to be of full force and effect; otherwise, to be null and void. The rules governing primary elections shall apply to the election herein provided for. Referendum as to adoption of Act. 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 19, 1927. BEN HILL COUNTY SCHOOL FUNDS. No. 106. An Act to require the president of the Board of Education in and for Ben Hill County, together with the secretary of said board, to sign all checks or warrants in payment for any debt against said school board for public-school purposes, under their jurisdiction; to provide for the County Board of Education to pay over to the Fitzgerald City Board of Education that pro rata part of the public-school funds allotted to each child of public-school age, said child residing in the district under the county board's jurisdiction, but who are attending school in the Fitzgerald public school, said pro rata part to be figured out of the State's appropriation to the County of Ben Hill for common schools in said county, also out of the county-wide tax on the property of Ben Hill County for common-school purposes, upon proper permits and certificates; to provide that no monies shall be paid out only for the purposes for which said money were appropriated for or collected for, said purposes to include transportation of common-school children to and from school; 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 after the passage of this Act the president of the Board of Education for the County of Ben Hill be and he is hereby required to sign, with the secretary of said

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board, all checks or warrants in payment for any debt against said school board for public-school purposes under their jurisdiction. Checks how signed. Sec. 2. Be it further enacted, and it is hereby enacted by the authority of the same, that the County Board of Education shall pay over to the Board of Education of the public school of Fitzgerald, Georgia, that pro rata part of the public-school funds allotted to each child of the public-school age, said child residing in the district under the county board's jurisdiction, but who is attending school in the City of Fitzgerald, said child's pro rata part of funds to be figured out of the State's appropriation to Ben Hill County for common schools, also out of the county-wide tax on the property of Ben Hill County for common-school purposes; provided, however, that said pro rata part of each child's funds shall not be paid out for said child until said child has obtained a written permit from the County Board of Education, allowing said child to enter said school; and provided further, that the superintendent of the Fitzgerald school must certify that said child is attending the city school, and being taught free to the extent of the funds available for said child. Payment of funds by county board to city board. Sec. 3. Be it further enacted by the authority aforesaid, that it shall be unlawful for the Board of Education of Ben Hill County, to pay out any monies appropriated to them by the State for common schools, or any of the county-wide tax for public schools, for any other purpose whatsoever other than for the purpose in which it was appropriated for or collected for; provided, however, that they may pay out any funds in their possession turned over to them for other purposes; provided, however, that said common-school purposes shall include the transportation of common-school children to and from school. Use of common-school funds. Transportation of children. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved August 2, 1927.

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BERRIEN COUNTY COMMISSIONERS; REFERENDUM. No. 284. An Act to amend an Act creating a Board of Commissioners of Roads and Revenue for the County of Berrien, so as to provide for the election of Commissioners of Roads and Revenue by the qualified voters of the entire 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 sections one, two, three, four, five, six, and seven of an Act approved August the 18th, 1923, as contained on pages 214, 215, and 216 of Georgia Laws 1923, be and the same are hereby stricken. Sections of Act of 1923 stricken. Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the County Commissioners of Roads and Revenues of Berrien County, Georgia, shall be elected by the qualified voters of the entire county, as all other county officers are now elected. Election of commissioners. Sec. 3. Be it further enacted, that from and after the passage of this Act the Board of Commissioners of Roads and Revenues of and for Berrien County, Georgia, shall publish quarterly, in the official newspaper for the County of Berrien, a consolidated statement of receipts and disbursements of monies as received and paid out by said board of commissioners. Said statement when ready for publication shall be signed by the chairman of the board and clerk, and sworn to before some officer duly authorized to administer oaths. The first of said statements shall be published at the close of the second quarter, which is August the 31st, 1927, and said statements shall continue to be published at the close of each succeeding quarter thereafter. Statements of receipts and expenditures.

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Sec. 3a. Provided, however, this Act shall not take effect until and on condition that the same is ratified by a majority of those voting in an election for such purpose, which said election is hereby called for the second Wednesday in October, 1927, to be held under the same rules and regulations as elections for State-house officers; and those voting in favor of ratifying this Act shall have written or printed on their ballots, For County Commissioners Amendment, and those voting against ratification shall have written or printed on their ballots, Against County Commissioners Amendment. Referendum. 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 19, 1927. BRANTLEY COUNTY COMMISSIONERS. No. 52. An Act to create the office of Commissioners of Roads and Revenues of the County of Brantley; to provide for their election, and to provide for their term of office; to define their powers and duties; to fix their compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and adoption of this Act the county affairs of Brantley County, Georgia, shall be administered by five (5) Commissioners of Roads and Revenues, and for that purpose the office of Commissioners of Roads and Revenues of Brantley County is hereby created. Commissioners of Roads and Revenues: office created. Sec. 2. Be it further enacted by the authority aforesaid, that the said County of Brantley shall be divided into five (5) road districts and to be known as Road Districts

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as follows: Road Districts No. 1, No. 2, No. 3, No. 4, and No. 5. Road District No. 1 to embrace the 1565th G. M. District. Road District No. 2 to embrace the 1768th G. M. District. Road District No. 3 to embrace the 1534th and 590th G. M. Districts. Road District No. 4 to embrace the 1493 and 335 G. M. Districts. Road District No. 5 to embrace the 1308 and 334th G. M. Districts. And each of the said five (5) road districts shall be entitled to one commissioner residing in the jurisdiction of the district, as its representative on said Board of Commissioners. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, that in the selection of the nominee in the Democratic Primary that said nominee shall be selected by the votes of the district in which he resides, and the voting in the primary shall be confined to the road district in which said entrant for commissioner resides, and such entrant receiving the largest number of votes in his district shall be declared the nominee, and his name placed on the ticket in the general election, and then in the general election the vote shall be county-wide. Nomination in primary. Sec. 4. Be it further enacted by the authority aforesaid, that five (5) commissioners shall be elected by the qualified voters of said county at the regular elections held in said county for State and county officers, and to be voted on in the same manner and governed by the same rules as the said State and county elections. Said commissioners are to be elected for a term of four years, and they will begin their duties as soon as they can qualify under this Act, and continue in the same until their successors in office are elected and qualified under this Act. Election. Sec. 5. Be it further enacted by the authority aforesaid, that the managers of elections held under this Act shall consolidate the return of said election as provided by law for general elections held in said county, and certify the results to the ordinary of Brantley County, and said commissioners shall be commissioned by the Governor of the State of Georgia as other county officers are commissioned. Consolidation of returns, etc. Commission by Governor.

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Sec. 6. Be it further enacted by the authority aforesaid, that if a vacancy should occur on said Board of Commissioners, caused by death, resignation, or other cause, it will be the duty of the remaining commissioners on said board to appoint a commissioner to fill such vacancy. However, such appointment must be made from the district so vacated. Vacancies. Sec. 7. Be it further enacted by the authority aforesaid, that said commissioners shall each, before entering upon their duties, be commissioned by the Governor and take 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 Brantley. Oath. Sec. 8. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall hold their regular sessions on the first Tuesday in each month at the county-site, and shall receive the sum of five dollars for every day of such meeting; and on other occasions than a regular meeting on the first Tuesday, they shall receive the sum of five dollars per diem upon statements showing date, for what purpose, and for what matter. Pay by commissioners. Sec. 9. Be it further enacted by the authority aforesaid, that said board shall have the right, and is hereby empowered, to call a meeting at any other time or place than the county-site, for the purpose of trying road defaulters. Meetings to try road defaulters. Sec. 10. Be it further enacted by the authority aforesaid, that said board shall select a clerk from the membership of said board, whose duty it shall be to keep an accurate and minute record of all proceedings of the board, all contracts made, all bills paid; and any and all actings and doings of the board shall be kept in a well-bound book which shall be open for the inspection of any tax-payer of the county on the first Tuesday in each month during

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the hours of the regular meeting of the board of said commissioners. Clerk: duties. Records. Sec. 11. Be it further enacted by the authority aforesaid, that it will be the duty of the members of said commissioners to fix the compensation for the clerk's service other than his regular duty as commissioner. Said additional compensation not to exceed ten dollars ($10.00) per month for any one month. Clerk's pay. Sec. 12. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall have original and exclusive jurisdiction over the following subject-matters to wit: In directing and controlling all county property of said County of Brantley, as they may deem expedient according to law, including the county jail and court-house; in levying a general tax for general purposes and a special tax for special purposes, according to law; and over all roads, as aforesaid; in establishing and changing election precincts and militia districts; in examining and allowing, according to law, all claims that may arise against the county; in examining and auditing or the hiring of an examiner or auditor of the accounts and records of all officers having the care, management, keeping, collecting, or disbursing of monies belonging to the county or appropriated for its benefit or use, and bringing them to a settlement; in making rules and regulations, according to law, for the support of the poor of the county, and for the promotion of health as is granted by law. Also to do all and singular other acts devolving upon the office of commissioners having full and complete charge of county affairs, and to exercise all power over roads and revenues under the laws of this State, as given ordinaries in counties where there are no commissioners. Jurisdiction and powers. Sec. 13. 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 shall not affect or destroy the validity or constitutionality of any other part, section, provision,

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or clause of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause, or part which may be so held to be invalid. Act not invalidated by void part. Sec. 14. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 21, 1927. BRYAN COMMISSIONERS; REPEALING ACT. No. 39. An Act to repeal An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan, to define their powers and duties, to provide for the method of selection of members, prescribe their qualifications, and for other purposes, approved August 1, 1924, and the Act to amend said Act, approved July 27, 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 from and after January first (1st), 1928, an Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan (Acts of 1924, pages 284 et seq.), approved August 1, 1924, and the Act to amend said Act (Acts of 1925, pages 555, et seq.), approved July 27, 1925, be and the same are hereby repealed. Repeal of Act creating board; effective Jan. 1, 1928. Sec. 2. Be it further enacted by the authority aforesaid, that all records, vouchers, books, stubs, minutes, and writings of said Board of Commissioners of Roads and Revenues of the County of Bryan shall be transferred and delivered to the office of such authority or authorities as take their place or are created in their stead. Transfer of records, etc.

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Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. BRYAN COUNTY COMMISSIONERS. No. 32. An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan; to define their powers and duties; to provide for the method of selection of members, prescribe their qualifications, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the first day of January, 1928, and after the qualification of the members hereinafter named, there is created Board of Commissioners of Roads and Revenues of Bryan County, which board shall consist of five members namely: G. M. Edwards from the 19th District G. M., who shall serve with the first day of January, 1929; Lewis C. Gill from the 20th District G. M., who shall serve until the first day of January, 1929; A. M. Cason from the 1137th District G. M., who shall serve until the first day of January, 1931; J. C. Stubbs from the 1380th District G. M., who shall serve until the first day of January, 1931; and the Ordinary of the County of Bryan, who shall be, together with his successors in office, a member ex-officio of said board and the clerk thereof, but in the deliberations of said board he shall have no vote except in the event of a tie, in which case he shall have the right to cast the deciding vote. Board created. Names of commissioners. Sec. 2. Be it further enacted by the authority aforesaid, that said County of Bryan shall be divided into four (4) road districts, to be designated as one (1), two (2), three (3), and four (4), and each of said road districts shall be entitled to one commissioner residing in the jurisdiction

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of the district, and its representative on said board, and District number one (1) shall embrace the 19th District G. M.; District number two (2) shall embrace the 20th District G. M.; District number three (3) shall embrace the 1137 District G. M.; and District number four (4) shall embrace the 1380th District G. M. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, that the terms of office of the successors of the commissioners of the Board of Commissioners of Roads and Revenues for the County of Bryan hereinbefore named shall be four (4) years, and until their respective successors are elected and qualified; and that an election shall be had every four years at the same time and places and under the same regulations as the election of county officers for Bryan County is held, for the election of Commissioners of Roads and Revenues for the succeeding terms of four years; and that as the terms of office of Commissioners of Roads and Revenues herein named shall expire, their successors shall be elected in the manner herein stated. Terms of office. Election. Sec. 4. Be it further enacted by the authority aforesaid, that said commissioners shall each, before entering upon their duties, be commissioned by the Governor, make a good and sufficient bond in the sum of five thousand ($5,000.00) dollars each, and take and subscribe to an oath to faithfully perform the duties of their office and account for all monies coming into their hands as such commissioners, said bond to be payable to the ordinary of Bryan County and his successors in office, and the oath subscribed before him, and each recorded in his office. Bond. Sec. 5. Be it further enacted by the authority aforesaid, that no one shall be eligible or qualified for election as a Commissioner of Roads and Revenues for the County of Bryan who is not a freeholder; nor shall any one be elected who holds funds belonging to the county or who is indebted to the county for taxes due, or otherwise, as a commissioner; and the said Commissioner of Roads and Revenues shall be subject to impeachment for incompetency

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or malfeasance in office, in the same manner as county officers are subject to impeachment. Qualifications. Sec. 6. Be it further enacted by the authority aforesaid, that said board shall hold its regular sessions on the first Tuesday in every month at the county-site, and shall receive the sum of five (5) dollars for every day for such meetings; and on other occasions than a regular meeting on the first Tuesday, they shall receive the sum of five (5) dollars per diem, upon statements showing the date of such meetings, for what purpose convened, and upon what matter. Pay of commissioners. Sec. 7. Be it further enacted by the authority aforesaid, that said board shall have the right, and is hereby empowered, to call a meeting at any other time or place than the county-site, for the purpose of trying road defaulters. Meetings to try road defaulters. Sec. 8. Be it further enacted by the authority aforesaid, that the ordinary of the County of Bryan, who shall be ex-officio a member of said board and the clerk thereof, shall keep an accurate and minute record of all proceedings of the board, all contracts made, all bills paid, and any and all actings and doings of the board, which records shall be kept in a well-bound book which at all times shall be open and subject to inspection. Ordinary ex-officio, commissioner and clerk. Duties. Sec. 9. Be it further enacted by the authority aforesaid, that the clerk of said board shall receive a monthly salary of not more than twenty-five (25) dollars per month, and the same to be fixed by the said Board of Commissioners. Clerk's salary. Sec. 10. Be it further enacted by the authority aforesaid, that said board shall exercise all authority prescribed in Code sections 694 to 704, inclusive, of the Code of 1910 and amendments thereto; that all disbursements thereunder, or of any other funds of the county, shall be by warrant drawn against the fund from which said debt shall be paid, and no other, except as provided for in cases of general funds after the ending of the year, and all warrants

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

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Sec. 13. Be it further enacted by the authority aforesaid, that said commissioners shall be held strictly in conformity to sections 393 and 394 of the Civil Code of 1910; and that no purchases shall be made from such persons therein described, except upon a statement of all goods and merchandise duly itemized, and prices charged, which shall be spread upon the minutes of said commissioners. Purchases. Sec. 14. Be it further enacted by the authority aforesaid, that the said commissioners shall twice a year furnish and publish a statement of the financial condition of the county, in the newspaper where in the sheriff's advertisements appear, which said statement shall be duly attested as the correct condition of the county by the clerk or other member of the board. Statements. Sec. 15. Be it further enacted by the authority aforesaid, that in case of a vacancy on said board, by death, resignation, or otherwise, the remaining members shall immediately appoint a successor, who shall and must possess the qualifications for holding said office hereinbefore stated and who shall qualify by taking the oath and giving the bond as hereinbefore provided, and who shall hold office until the next election, at which election the successor of the member causing the vacancy shall be elected. Vacancies. Sec. 16. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall closely examine the work done by the warden of the chain-gang and supervise the guards appointed under him, and shall see that the county physician performs his duties, and shall fix and pay the salaries of each in accordance with the laws and under the rules of the Prison Commission. Chain-gang. Physician. Sec. 17. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall have the right and power to relieve double taxes according to law, and the authority to change or alter any mistake of facts that may appear from the records of the tax-collector or receiver as to amount of taxes returned, so that the same may conform

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to the truth, but not the authority to arbitrarily change any returns or pay back any amount paid. Power to relieve from mistakes as to taxes. Sec. 18. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall have and are hereby invested with the authority to employ counsel and to pay for such service out of the proper fund of the county, in a sum not exceeding three hundred ($300.00) dollars per annum. Attorney. Sec. 19. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. BRYAN COUNTY; COMPENSATION TO PEACE OFFICER. No. 101. An Act to authorize the fiscal authorities of Bryan County to compensate, either by pension or lump-sum payment, Hon. H. A. Griffith for injuries resulting from a gunshot wound received while in the discharge of his duties as a peace officer of Bryan County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the fiscal authorities of Bryan County be and they are hereby empowered and authorized to compensate, either by pension, lump-sum payment, or in such other manner as discretion suggests, Hon. H. A. Griffith, of Bryan County, for permanent injuries sustained by him as the result of gunshot wounds received while in the discharge of his official duties as a peace officer of said county, said settlement to be made from public funds arising from taxes collected. Authority to compensate peace officer for injuries. 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 1, 1927.

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BRYAN COUNTY DEPOSITORY; REFERENDUM. No. 103. An Act to repeal an Act approved July 29th, 1925, entitled an Act to create a County Depository in and for the County of Bryan and prescribe the qualifications of the depository, and for other purposes; and to provide for the creation of the office of county treasurer for Bryan County, and prescribe his qualifications, duties, compensation; also to provide for the submission of a referendum to the qualified voters of Bryan County to determine whether or not the office of treasurer is to be continued, or whether the County Depository shall be substituted for the office of County Treasurer in said Bryan County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the County Depository in and for Bryan County, created by the Act of July 28th, 1925, be and the same is hereby abolished. Repeal of Act creating depository. Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Treasurer for Bryan County is hereby created; and that Honorable F. J. Lanier, of Bryan County be and he is hereby designated as county treasurer to serve as such from the date of the creation of said office of treasurer until January 1st, 1929, at an annual compensation of six hundred dollars per annum, payable monthly. The premium in the surety bond of said county treasurer shall be paid by the county authorities out of the county funds. County treasurer named; term, pay. Sec. 3. Be it enacted by the authority aforesaid, that the treasurer hereby selected, and his successors in office, shall perform all and singular the duties incident to the office hereby created, and shall also be subject to all the liabilities thereof. Duties.

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Sec. 4. Be it further enacted by the authority aforesaid, that the election authorities of said Bryan County be and they are hereby directed to submit to the qualified voters of said county, at the next general primary election in the year 1928, the question as to whether the depository plan of handling the county's finances or whether the office of treasurer is preferred by the people of said county. All those voting in said election in favor of the county depository plan shall have written or printed on their ballots the words: For the County Depository, while all those voting against said plan shall have written or printed on their ballots the words For County Treasurer. And the result of said balloting shall be tabulated and the result declared in the same manner and by the same authorities as in the case of elections for county officers. Referendum. Sec. 5. 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 1, 1927. BRYAN COUNTY DEPOSITORY; REPEALING ACT. No. 283. An Act to repeal an Act to create a County Depository in and for the County of Bryan, to provide qualifications of the 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 and after the passage of this Act an Act entitled an Act to create a County Depository in and for the County of Bryan, to provide qualifications for the depository, and for other purposes, approved July 28, 1925, be and the same is hereby repealed. Repeal of Act creating depository. Approved August 19, 1927.

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BRYAN COUNTY TREASURER. No. 282. An Act to create and establish the office of County Treasurer of Bryan County, Georgia; to provide for his election, qualification, salary, duties, and tenure of office, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the office of County Treasurer of Bryan County, Georgia, from and after the passage of this Act, is hereby created and established. Office of treasurer created. Sec. 2. The treasurer herein provided for to be elected at a special election to be called by the ordinary of said County of Bryan, to take office on the first day of September, 1927, or as soon thereafter as he is elected and qualified. Election. Sec. 3. Be it further enacted, that the treasurer of Bryan County shall receive, as full salary and compensation as such treasurer, the sum of fifty ($50.00) dollars per month, which sum shall be paid by the county authorities to disburse county funds out of the county treasury each month after such treasurer enters upon his duties as such. Salary. Sec. 4. Be it further enacted, that the said county authorities are hereby required and directed to pay from the county treasury all premiums on said treasurer's bond, which sum shall not be deducted from the monthly salary of said treasurer. Premium on bond. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. BUTTS COMMISSIONERS; AMENDING ACT. No. 396. An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia,

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said act created in 1925, page 565, and said act is herein amended; to provide for the election of same; to define their powers and duties; to 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 the same, that section 3 of said act be amended by adding the following words: The said Commissioners of Butts County may elect one of their members, other than the chairman, as ex-officio clerk of said Board of Commissioners of Roads and Revenues for Butts County, Georgia, whose salary and duties shall be the same as herein set forth in this section, so that said section 3, when so amended, shall read: 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 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 records and minutes of said office, and kee ing the commissioners' office open each day, except legal holidays commonly observed, and all records open to public inspection by any taxpayer of said county. The said Commissioners of Butts County may elect one of their members, other than the chairman, as ex-officio clerk of said Board of Commissioners of Roads and Revenues for Butts County, Georgia, whose salary and duties shall be the same as herein set forth in this section. Ga. L. 1925, p. 565: amendments. Election of ex-officio clerk of board. Sec. 2. Be it further enacted by the authority aforesaid, that section 6 of said Act creating a Board of Commissioners for Butts County, Georgia, be amended by striking from said Act all of said section 6, which reads as follows: Be it further enacted by the authority aforesaid, that any person to be eligible to hold office of Commissioner of Roads and Revenues of Butts County, Georgia, under the provisions of this Act, must be at least 25 years old,

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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 have a good moral character, and shall be ineligible to hold any other office of the county during his term of office as such, and inserting in lieu thereof the following words: 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 and a qualified voter of said county, and shall be ineligible to hold any other office while performing the duties of the office of the Commissioner of Roads and Revenues of Butts County. Qualifications of commissioner. Sec. 3. Be it further enacted by the aforesaid authority, that section 8 of said Act, which is as follows: Be it further 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 the different funds levied, and that no vouchers are paid out of any fund other than the one on which 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 commissioners of the county, and all officers and persons through whose hands funds may pass. They shall have such records and books examined 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 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, or dues for the county, shall show a misuse of the funds of county, or shall fail or neglect his duties in collecting any funds, claims, or dues that may be due or belonging to the said county, the said commissioners shall take such legal steps as are necessary to cause any defaulting officers of the county or any other person through whose hands funds belonging to the county may pass, to promptly answer such charges before

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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 and for such compensation as may serve the provisions of the county and to the best interest of the county. In case a county physician and a county attorney are employed by the year, then the said commissioners may fix such a salary as they may deem fit, not to exceed the sum of $500.00 each, per annum, be and the same is hereby repealed, and in lieu thereof the following be substituted: Be it enacted by the authority aforesaid, that the chairman of the County Board of Tax-Assessors, and the member thereof whose commission has the longest to run, be hereby constituted, with an attorney to be selected by them, ex-officio auditors of said county. They are especially charged with the duty of examining and auditing the books and accounts of the county treasurer and the county depository. They shall require that separate accounts be kept of the different funds levied, and that no vouchers be paid out of any funds other than the one on which the said voucher is drawn. They shall examine the books of the tax-collector and tax-receiver, the sheriff, the superintendent public schools, and the county commissioners of the county, and all other officers and persons through whose hands county funds may pass. The said auditing committee, when acting as such, shall be paid the same per diem as that paid the County Board of Tax-Assessors. They shall approve no vouchers except those that are legal charges against said county. Audit Section 8 repeated. Audit: new section 8. Sec. 4. Be it further enacted by the authority aforesaid, that section 13 of this Act, which reads as follows: All food, machinery, or material, 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 court-house 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

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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, be and the same is hereby repealed. Competitive bidding as to supplies; section 13 repealed. Sec. 5. Be it further enacted by the authority aforesaid, that section 15 of said Act be amended by striking out of said section the words $5.00 per day, in the third line thereof, and inserting in lieu thereof the words $200.00 per annum, and further be amended by striking out of the 8th line of said section the words not to exceed 30 days during any one year, so that said section when so amended shall read: Be it further enacted by the authority aforesaid, that there shall be two commissioners elected at the same time and manner as the said chairman. The compensation for said commissioners shall be $200.00 per annum. The said chairman and two commissioners shall meet in the commissioners' office in the court-house at Jackson, Georgia, monthly. The said two commissioners shall also attend all meetings called by the chairman to consider county matters. Pay of commissioners. Sec. 6. Be it further enacted by the authority aforesaid, that paragraph 5 of section 17 be amended by striking out of said paragraph 5, which reads as follows: The Butts County Executive Committee shall hold the said election and declare its results. The cost of the said election shall be paid out of the funds of Butts County, the words Butts County Executive Committee shall hold the said election and declare its results, so that said section 17, paragraph 5, when so amended shall read: The cost of said election shall be paid out of the funds of Butts County. Election; section 17, paragraph 5, amended. Sec. 7. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the above Act shall be and the same are repealed. Passed over veto, August 17, 1927.

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BUTTS TREASURER'S SALARY AND BOND. No. 395. An Act to amend an Act of 1916, page 376. An Act to fix the salary of the treasurer of Butts County, Georgia, to provide for the payment thereof, and to require the county treasurer to take a good and solvent bond for county funds deposited in any bank or banks, and for other 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 said Act be amended by adding the following words: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the first day of January, 1928, and annually thereafter, the salary of the treasurer of Butts County, Georgia, shall be $1,000.00 pe annum, payable monthly, from the county funds in the hands of the treasurer, which shall be full compensation for said treasurer and in lieu of any commissions or any other compensation for his services as such treasurer. Treasurer's salary, $1,000 Sec. 2. Be it further enacted by the authority aforesaid, that the county treasurer of the said County of Butt be and he is hereby authorized and required to take a good and solvent bond, from any bank or banks in which he deposits the money of said county, in a sum to cover all money deposited, at all times, to the credit of said County. Bond. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Passed over veto, August 17, 1927.

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CAMDEN COMMISSIONERS; AMENDING ACT. No. 159. An Act to amend the several Acts relating to the creation, organization, selection, etc., of the Board of Commissioners of Roads and Revenues of Camden County, Georgia, so as to change commissioners districts, to provide number of commissioners and the manner of their 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 January the first, 1929, the Board of Commissioners of Roads and Revenues of Camden County shall consist of three members to be selected as follows: one from the south side of the Satilla River, which shall be known as district number one; one from the north side of the Satilla River, which shall be known as district number two; and one from the county at large. Board of three commissioners; districts. Sec. 2. The first board under this Act shall be elected at the fall elections of the year 1928, and take office January the first, 1929, and shall hold office for a term of two years and until their successors are elected and qualified, and shall thereafter be elected for a like period. Election; terms of office. Sec. 3. Be it further enacted, that should any district fail to elect a commissioner, the board duly elected and qualified shall fill such vacancy by a majority vote. Vacancies caused by death or resignation shall be filled in like manner by the legally qualified commissioners at the time such vacancy occurs. Vacancies. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 11, 1927.

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CARROLL COUNTY COMMISSIONER'S SALARY. No. 37. An Act to amend the Act creating the office of Commissioner of Roads and Revenues for the County of Carroll, etc., approved August 17, 1908, and all Acts amendatory thereof, so as to provide an increase of salary for the commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, section 8 of the original Act, approved August 17, 1908, creating the office of Commissioner of Roads and Revenues for the County of Carroll, as amended by the Act of August 10, 1910, and the Act of August 7, 1915, and the Act of August 7, 1917, and further amended by the Act approved August 18, 1919, be and the same is hereby amended by striking the word eighteen in the third line of section 8 of the amendatory Act approved August 18, 1919, and substituting therefor the words twenty-four, so that said section when so amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid, that said commissioner shall receive, for his services as such, a salary of twenty-four hundred dollars per annum, to be paid monthly out of the treasury of said county. He shall be authorized to employ a clerk at a salary not exceeding nine hundred dollars per annum, to be paid monthly out of said treasury. Said commissioner shall receive no fees. Commissioner's salary, $2,400. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927.

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CHATHAM COMMISSIONERS; AMENDING ACT. No. 260. 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 authority of the same, that the Act of the General Assembly approved August 20, 1925, and entitled 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, be and it is hereby amended by adding at the end of section F thereof the following: The Recorder of the Police Court of the City of Savannah shall be paid a salary of not less than $100.00 per month by the said Commissioners of Chatham County and ex-officio judges, out of the treasury of Chatham County, as his compensation for the trial and disposition of said prosecutions. The said commissioners and ex-officio judges are further authorized and empowered to pay the clerk of the Recorder's Court of the City of Savannah such sums as they shall prescribe as his compensation for duties performed acting as clerk of the court upon the trial of said cases, so that said section as amended, shall read as follows: Pay of Recorder of Savannah, and Clerk, from county treasury. (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

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violating any such ordinance, rule, or regulation as are prescribed, and, where none is prescribed, the penalty prescribed in said city ordinance for disorderly conduct. The Recorder of the Police Court of the City of Savannah shall be paid not less than the sum of $100.00 per month by the said Commissioners of Chatham County, as his salary and compensation for the trial and disposition of said prosecutions. The said commissioners and ex-officio judges are further authorized and empowered to pay the clerk of the Recorder's Court of the City of Savannah such sums as they shall prescribe as his compensation for duties performed acting as clerk of the court upon the trial of said cases. To read. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that for the purpose of promoting health, safety, morals, and the general welfare of the people of the County of Chatham, the county commissioners and ex-officio judges of said county, in addition to all powers or authority now possessed and hereafter delegated to them, are empowered to regulate and restrict the number of stories and sizes of buildings and other structures, percentage of lots that may be occupied, sizes of yards, courts, and other open spaces, the density of population, and the location and use of all buildings, structures, signboards, advertising matter, streets, roads, parks, and land for trade, industry, residence, recreation, or other purposes. Such regulations may provide that the said planning boards as hereafter provided may determine and vary their application in accordance with general and specific rules therein contained. Power to make building regulations. Planning boards. Sec. 3. Be it further enacted by the authority aforesaid, that for any or all such purposes the county commissioners and ex-officio judges of said county may divide such territory under their jurisdiction into districts or zones of such number, shape, and size as may best suit and carry out the purposes of this Act, and within such districts may regulate and restrict the erection, construction, reconstruction,

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alteration, repair, or use of the buildings, structures, or land. All such regulations may be uniform for each class or kind of building throughout each district, but regulations for one district may differ from those in other districts. Zoning regulations. Sec. 4. Be it further enacted by the authority aforesaid, that such regulations shall be made in accordance with a comprehensive plan and design to lessen congestion in streets and roads; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and area; to prevent overcrowding on lots; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks and other public requirements. Such regulation shall be made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the use of the most appropriate land throughout such territory respectively. Same. Sec. 5. Be it further enacted by the authority aforesaid, that the said county commissioners and ex-officio judges shall provide for the manner in which such regulations and restrictions and the boundaries of such district shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties at interest and citizens shall have an opportunity to be heard. At least fifteen days notice of the time and place of such hearing shall be duly given by publication in a newspaper of general circulation in said county. Notice to owners; hearing. Sec. 6. Be it further enacted by the authority aforesaid, that such regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, enlarged, or repealed. In case however,

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of a protest against such change by the owners of twenty per cent. or more of the freeholdings included in the area proposed to be changed, such amendment shall not become effective except by the favorable vote of two thirds of the county commissioners and ex-officio judges of said county, or they may refer said question to the freeholders residing in said area and qualified to vote in general elections in this State, for their determination, in which case a majority vote shall govern. The provisions of the previous section relative to a public hearing and final notice shall apply equally to all changes or amendments. Change of regulations. Sec. 7. Be it further enacted by the authority aforesaid, that in order to avail themselves of the powers conferred by this Act, and to carry out the intent and purpose thereof, the county commissioners and ex-officio judges of Chatham County are hereby given the power and authority to appoint a board or commission to be known as the county planning board, which said board shall make such survey or investigation as it may deem necessary, and then recommend to the said county authorities such measures as in its judgment may be advisable or necessary in order to carry out the purposes of this Act, and said planning board may recommend the boundaries of the various districts and formulate proper restrictions and rules to be enforced therein. Such planning board shall make a preliminary report, and hold public hearing thereon, before submitting its official report to the said commissioners; and said commissioners shall not hold its public hearing or take action until after the receipt by it of such official report of the planning board; and the said planning board may, with the consent and approval of said commissioners, employ the services of a competent engineer or expert in county planning, but the compensation of such employees shall be fixed by the said commissioners, and no expense shall be created or obligation incurred by the said planning board without the consent and approval of said commissioners. Planning board; appointment, duties. Engineer or expert; compensation. Expenses. Sec. 8. Be it further enacted by the authority aforesaid, that the said county planning board shall consist of

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five members, in addition to the chairman and clerk of the board of county commissioners and ex-officio judges of said county, who shall be ex-officio members of said planning board, the remaining five members of said county planning board shall be elected by the said commissioners of roads and revenues of said county. The original election shall be of one member for each year, one member for two years, one member for three years, one member for four years, and one member for five years, and their successors shall thereafter be so elected for five-year term, one being elected each year. All to serve until their successors are elected and qualified. All vacancies on the said county planning board shall be filled by the said commissioners for the unexpired term. Such planning board shall organize by the election from their number of such officers as they may deem advisable. Members of planning board. Election of planning board; terms. Vacancies Sec. 9. Be it further enacted by the authority aforesaid that the said planning board shall have supervision and control of the plants, shrubbery, and trees growing upon the public property, and of the parks and other property held for the general use of the public, and shall generally have and possess the powers and authority usual to a park and tree commission; provided that no real property belonging to Chatham County that is designated a park, or that is held by it for the general use of the public, shall be leased or sold at any time without a three-fourth affirmative vote separately both of said county planning board and of the said commissioners of roads and revenues of said county. Planning board to act as park and tree commission. Lease or sale by; when authorized. Sec. 10. Be it further enacted by the authority aforesaid, that the said planning board shall study the resources and possibilities and the needs of the said county, and shall prepare plans and maps for the systematic future development and betterment of the said county, and from time to time, in the manner hereinbefore provided, make such changes as may be deemed advisable. Plans for development, etc. Sec. 11. Be it further enacted by the authority aforesaid, that before any street or road is opened or any existing

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street or road is extended or before any new subdivision for residence, business, or industrial use is made, the person or persons proposing to open such street or road or such new subdivision shall submit a detailed plan of the same, with blue-prints and other necessary data, to the planning board having jurisdiction hereunder. It shall be the duty of such planning board to carefully examine such plans and specifications with regard to their nature and purpose, the principal width, character, and location of such streets, alleys, and roads and such subdivisions, and size, material, manner of laying of water-mains and sewer-lines, and then transmit such application, with all plans and data, to the said commissioners, with its recommendation thereon in writing. The jurisdiction of such planning board and the said commissioners, for the purposes of this Act, extends to and includes all of the land within the jurisdiction generally of said commissioners. Before any such streets, alleys, roads, or subdivisions shall be laid out as aforesaid, they shall be required to have the approval of the said commissioners in accordance herewith. Opening road or street. Sec. 12. Be it further enacted by the authority aforesaid, that in any case any building or structure is erected, constructed, reconstructed, altered or repaired, converted or maintained, or any structure or land is used in violation of this Act, or of any ordinance or other regulation duly made under the authority conferred hereby, or in event of the violation by any person of any of the provisions of this Act, such violation in any such respect shall be held to be a misdemeanor under the laws of this State, and the offender upon conviction shall be punished as provided by the Code of Georgia for the punishment of misdemeanors; and in addition thereto the said commissioners may institute any proper action or proceeding deemed necessary to prevent any such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation; to prevent the use and occupancy of any such building, structure, land, street or road, and to prevent any such illegal act, conduct, or business or use in or about the same. Building in violation of law or regulation; penalty. Injunction, etc.

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Sec. 13. Be it further enacted by the authority aforesaid, that the said planning board shall, when requested by the said commissioners, make recommendations and furnish information concerning the condition of existing parks and places of amusement in such county, the desirability of locating new parks and places of amusement, the acquisition of the necessary land for the location of the same, and submit such recommendations and information in writing to the said commissioners, supplying with its said report such necessary maps, plans, and other information as may be from time to time requested. Recommendations and information by planning board. Sec. 14. Be it further enacted by the authority aforesaid, that the County Commissioners and ex-officio Judges of Chatham County, are hereby given full power and authority to pass and adopt such by-laws and ordinances, not inconsistent with the constitution or laws of this State or the United States, as may in their judgement be necessary or proper to carry out the provisions and purposes of this Act; and such by-laws and ordinances when so passed and adopted are hereby declared to have the force and effect of law; and they shall have further authority to engage all necessary employees of every character as may be necessary or proper to carry out the purposes of this Act, and to provide in their budget for the payment of such expense. Power of commissioners as to by-laws and ordinances. Employees. Sec. 15. Be it further enacted by the authority aforesaid, that if any portions or provisions of this Act may be found unconstitutional or contrary to any of the general laws of the State of Georgia, such invalidity shall not affect any other portion of provisions of this Act. Act not invalidated by void part. Sec. 16. Be it further enacted by the authority aforesaid, that this Act shall take effect immediately upon its passage and approval by the Governor, or upon its becoming a law without such approval; provided, however, that should this Act be held illegal or unconstitutional, then this Act shall take effect when an amendment to the Constitution of the State of Georgia shall be adopted and proclaimed

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by the Governor of the State as a part of the constitution, authorizing the Legislature of the State to empower the governing authorities of Chatham County to create and establish restricted zones or districts. Act effective when. Sec. 17. Be it further enacted by the authority aforesaid that the said County Commissioners and ex-officio Judges of Chatham County are hereby vested with power and authority to adopt and enforce ordinances, rules, and regulations with reference to the location, erection, and maintenance of billboards, advertising signs, and like devices along and adjacent to the public roads of said county, and by such ordinances, rules and regulations to prohibit the location, erection and maintenance of such billboards, advertising signs, and like devices which obstruct or interfere with the vision of persons using any such roads at the intersection of such roads or on curves, or in approaching any bridge or railroad-crossing, or at any other place; also to prohibit the erection and maintenance of any such billboards or signs which contain or purport to contain information correct or incorrect about the said roads or their condition, or the distance between any given points; also to prohibit the location, erection, and maintenance of any such billboard advertising sign or like device which contains painted or printed thereon any obscene or vulgar pictures or words; also to tear down and remove any such billboards, advertising signs, and like devices which exist or are erected in violation of this Act or of any ordinances, rules, or regulations adopted by said County Commissioners and Ex-officio Judges; and said County Commissioners and Ex-Officio Judges are hereby empowered to provide a penalty for the violation of any ordinances, rules, and regulations enacted under this section. Power as to bill boards, advertising, signs, etc. Penalty. 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 18, 1927.

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CHARLTON COMMISSIONERS ABOLISHED. No. 122. An Act to repeal an Act of the Legislature of 1920, as amended by the General Assembly of 1921 (Acts of 1921, page 414), entitled: An Act to create a Board of Commissioners of Roads and Revenues for the County of Charlton, State of Georgia, to provide for the selection of members thereof, to prescribe their powers, duties, compensation, and other purposes, and approved August 12th, 1920, and published in the Acts of 1920, page 467. Section 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, 1928, an Act, together with amendment thereto as amended by an Act of the General Assembly of 1921 (Acts 1921, page 414), entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Charlton, State of Georgia, to provide for the selection thereof, to prescribe their powers, duties, compensation, and other purposes, approved August 12, 1920, and contained in the Acts of 1920, page 467, be and the same is hereby repealed, and said Board of Commissioners of Roads and Revenues is hereby abolished on and after said date of January 1st, 1928. Repeal of law creating board. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative on the 1st day of January, 1928. Effective Jan. 1, 1928. 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 4, 1927. CHARLTON COUNTY COMMISSIONERS. No. 126. An Act to create a Board of Commissioners of Roads and Revenues for the County of Charlton, State of Georgia,

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to provide for the selection of the members thereof, to prescribe their powers, duties, compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Charlton, in said State, is hereby created, to consist of five (5) members who shall be qualified voters of said county. Board of Commissioners created; 5 members. Sec. 2. Be it further enacted by the authority aforesaid, that, for the purpose of this Act, the County of Charlton shall be divided into five (5) road districts as follows: The Folkston Militia District shall constitute District Number One (1); the Winokur Militia District and the Uptonville Militia District shall constitute District Number Two (2); the Traders Hill Militia District shall constitute District Number Three (3); the Gaineyville Militia District (now comprising both the Gaineyville and the Toledo Militia Districts) shall constitute District Number Four (4); and the Moniac Militia District shall consititute District Number Five (5); and one Commissioner shall be lected for each road district from the territory in such road district, but the voters of the entire county shall vote for candidates for commissioners in both the primary and the general election. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, that J. C. Littlefield is hereby named Commissioner for District Number One, and he shall hold his office for a period of three years from January 1st, 1928, or until his successor is selected and qualified; that L. T. Wasdin is hereby named Commissioner for District Number Two for a period of one year from January 1st, 1928, or until his successor is selected and qualified; that N. Roddenberry is hereby named Commissioner for District Number Three for a period of one year from January 1st, 1928; that W. C. Hopkins is hereby named Commissioner for District Number Four for a period of three years from January 1st, 1928,

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or until his successor is selected and qualified; and that L. M. Reynolds is hereby named commissioner for District Number Five for a period of one year from January 1st, 1928, or until his successor is selected and qualified. Commissioners named. Sec. 4. Be it further enacted by the authority aforesaid, that the terms of office of the commissioners after the expiration of the terms of office of the commissioners hereinbefore named shall be for a term of four (4) years each, and any member may become his successor in office upon his selection and qualification. Terms of office; succession. Sec. 5. Be it further enacted by the authority aforesaid, that should a vacancy, from death, resignation, removal from the county or district, or otherwise, occur on said Board of Commissioners, the same shall be filled by appointment of the Judge of the Superior Court of said County of Charlton for the remainder of such unexpired term for which such appointment is made, and such appointment shall be from the road district from which such vacancy occurs. Vacancies. Sec. 6. Be it further enacted by the authority aforesaid, that each commissioner before entering upon his duties shall give bond in the sum of one thousand dollars each, payable to the ordinary of said county, and his successors in office, and shall take and subscribe to an oath before the ordinary of said county to well and faithfully perform his duties as such commissioner under this Act, and said bond shall be filed with the ordinary and recorded upon his minutes. Said bond shall be for the faithful performance of the duties of the office, and may be sued on by the ordinary on his own motion or by direction of the grand jury, and any commissioner and his sureties shall be liable for any breach thereof by way of malfeasance of office, or for any neglect of duty. Bond; oath. 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,

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1928, at ten o'clock, a. m. when the present Commissioner of Roads and Revenues for said county shall turn over to them their office, all records, books, and official papers therein, together with all county property, with a full inventory of the same, and a full and complete statement showing the financial condition of the county. At this meeting, or as soon thereafter as practicable, the Board of Commissioners shall organize by electing one of the members as chairman, one as vice-chairman, and every two years thereafter on the first Monday in January a chairman and vice-chairman shall be elected, but any chairman or vice-chairman shall hold his office until his successor is elected, and nothing herein shall prevent the re-election of any chairman or vice-chairman. The vice-chairman shall, in the absence or disqualification of the chairman or during the vacancy in office of chairman, perform and discharge all of the duties of the chairman, and in the event of a vacancy in the office of chairman or vice-chairman the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees, and agents of said board faithfully and impartially discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. He shall have the power to convene the board in extra session upon his own motion or upon the written request of the other four members of the board, and shall do so whenever the other four members make such request in writing. Meetings. Election of chairman and vice-chairman. Vice-chairman's duties. Vacancy. Chairman's duties. Sec. 8. Be it further enacted by the authority aforesaid, that the salaries to be received by the commissioners shall be five dollars per day each, but no commissioner shall receive for more than sixty days in any one year, and his pay shall be for actual services rendered. At the first regular meeting of each month each commissioner

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shall furnish the clerk of said board a statement of his services for the previous month, and upon approval of the board he shall be paid therefor from the county treasury in the same manner as other expenses of the county are paid. Salaries. Sec. 9. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall at their first regular meeting on the first Monday in January, 1928, or as soon thereafter as practical, and every two years thereafter on the first Monday in January, elect a clerk at a salary to be fixed by the commissioners, and before entering upon his duties as such clerk he shall give bond to be approved by the Board of Commissioners, payable to the ordinary of said county and his successors in office, in the sum of one thousand dollars, conditional for the faithful performance of his duties as such clerk and to account for any and all funds, property, or effects which may come into his hands as such clerk, which bond shall be filed with the ordinary of said county and recorded on his minutes, and may be sued on in like manner as the bond of said commissioners. The Board of Commissioners shall cause the clerk to keep proper and accurate books of minutes wherein shall appear all acts, orders, and proceedings of the board, and shall also cause him to keep full and accurate books of accounts wherein shall appear in detail all orders, warrants and other proceedings drawn by the Board of Commissioners on the county treasury or 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 condition of the county, and shall be open to inspection by any citizen as taxpayer of the county or of any other person interested in the same. The clerk shall also keep a book or inventory of all county property, including road machinery, live stock, chaingang outfits, road-working tools and every other kind and class of property belonging to said county, together with fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully

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revised each year; and the clerk shall keep such other books records as may be necessary, or as the board may order, and shall perform generally all the 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; election, term, bond. Records. accounts. Inventory. Discharge of clerk. Sec. 10. Be it further enacted by the authority aforesaid, that the Board of Commissioners, either themselves or duly appointed agents, shall purchase all equipment, materials, and supplies of said county, of such kind and quality and in such quantities as they may direct; and wherever practical, purchases of all equipment, materials, and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioners and subject to inspection by the grand jury or other interested citizens. All purchases shall be charged to Charlton County; and before bills therefore are submitted to the board for approval, they shall be audited and payment therefor recommended by the parties making such purchase; and if approved by the Board of Commissioners at a regular meeting therefor, said approval shall be endorsed on said bills by the chairman and a list thereof entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrant shall be signed by the chairman and clerk, as all other warrants drawn on the treasury of the county depository shall be signed, before payment thereof is made, except that in the absence of the chairman said vice-chairman shall be authorized to sign warrants on the county treasury or depository. Purchases of supplies. Bids. Approval. Warrants. Sec. 11. Be it further enacted by the authority aforesaid, that said Board of Commissioners may, at their discretion and when they deem necessary, elect a superintendent of roads and bridges to be selected on account of his efficiency and knowledge and skill in practical road building. The superintendent may also be convict warden; but aside from his duties as warden, if elected to that position,

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he shall not engage in any other business, trade, or calling which will require any of his time as superintendent of roads and bridges and convict warden. This officer shall have charge of laying out, building, repairing, improving, and maintaining the public roads and bridges of the county, under order of the Board of Commissioners. He shall receive such salary as may be fixed by the Board of Commissioners, and his term of office may be such as may be fixed by the Board, with authority vested in the board to discharge him at any time 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, etc. Convict warden. Salary of superintendent. Receipts. Sec. 12. Be it further enacted by the authority aforesaid, that the Board of Commissioners shall have the books and accounts of the tax-collector, tax-receiver, treasurer or county depository, sheriff, superintendent of schools, and commissioners of roads and revenues audited by a certified public accountant of this State immediately after they take charge of the affairs of the county, to cover such period as they may deem advisable, and every two years thereafter they must have the books and accounts of said officers examined for the two years previous. Full reports of such audits, including statement of assets and liabilities, of revenues and expenses, and such schedule as may be necessary for a clear understanding of the affairs of the county, as of January 1st of each year, shall be made, and such audits shall be completed and furnished to the next succeeding term of the grand jury of the county. An intelligent statement of each audit, showing the financial condition of the county, its receipts, disbursements, shall be published by the commissioners in the official organ of the county, if satisfactory prices can be made for such publication, that the citizens and taxpayers may fully understand the financial condition of the county. Audit. Publication of audit.

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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, 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 roads, private ways, bridges and ferries, according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in supervising the tax-collectors' and tax-receivers' books, and in allowing the insolvent list for said county, according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county, or appropriating for its use or benefit, and bringing them to settlement; and especially are they charged with frequently examining and auditing of the books of the county treasurer or county depository; the tax-collectors, tax-receivers, the sheriff, the superintendent of public schools, or other officer of said county through whose hands county funds must pass; and this may be done by the commissioners themselves or through their clerk or auditor, and they may require from all such officers, subject to an examination, such reports as may be necessary to keep such Board of Commissioners, fully informed at all times of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as may be provided for the levying and collecting of the commutation road taxes, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; in trying all road defaulters, in accordance with law; and generally to have and exercise all powers heretofore vested in the ordinary

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of said county when sitting for county purposes; and to exercise such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance; in selecting and appointing all minor officials of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards of convicts and chain-gang, janitor of the court-house, superintendent of pauper farms should one be established, county physician and health officer, tax-assessors, and county policemen, and other officers and guards as needed and authorized by law; and such board shall have the authority to employ a competent attorney at law, resident of the county, 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 compensation as the Board of Commissioners may fix, out of the regular county funds of the county, with authority of said Board of Commissioners to fix his term of office or to discharge him at any time; in regulating peddling license according to law. Said board shall have entire control of the convicts of said county sentenced to work upon the roads or works of said county by the proper authorities of the State assigned to the county by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted or enforced by law in said county. The said board shall also have the right and authority to let the misdemeanor convicts sentenced in the local courts to other counties under such terms and conditions as may be fixed by the said board and approved by the Prison Commission of Georgia, and shall also have the right to reassign to some other Georgia county Charlton County's felony convicts under the sanction and rules of said Prison Commission of Georgia. Jurisdiction and powers of board. Appointment of officials, etc. Attorney for board. Convicts. Sec. 14. Be it further enacted by the authority aforesaid, that said Board of Commissioners may receive contributions for the improvement of the public roads or

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bridges of the county from persons who own property along the same, or from any other person or persons, or from the State government or the United States government, or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the road or bridge designated by the contributor. Contributions for improvements. Sec. 15. Be it further enacted by the authority aforesaid, that it shall be unlawful for said commissioners to employ any person related within the second degree, either by blood or marriage, to any member of the board, or to contract with such person or persons for any equipment, material, or supplies or for any work to be done upon the public roads, bridges, or public works of the county; and it shall likewise be unlawful for any member of said board or their clerk to have any financial interest in sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection or through the purchase of any equipment or supplies for the county, or the awarding of any contract for said county; and if any commissioner, or the clerk, shall knowingly or wilfully violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office or be discharged from employment. Employment of or contract with relative. Unlawful financial interest of commissioner. Penalty. Sec. 16. Be it further enacted by the authority aforesaid, that the chairman and two other members of said board, or in the absence of the chairman, the vice-chairman and two other members of the board, shall constitute a quorum for the transaction of any business of the board. Quorum. Sec. 17. Be it further enacted by the authority aforesaid, that the successors to the commissioners herein named shall be freeholders and residents of the district for which he shall be elected, and shall be elected by the voters of the entire county qualified to vote for members of the General Assembly, and that said election shall be made of the

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primary and general election every two years when members of the General Assembly are nominated and elected, and those members of said board whose term of office shall expire the following January 1st shall be nominated and elected at the same time and under the same rules and regulations governing the nomination and election of said members of the General Assembly; but nothing contained herein shall be construed as limiting the term of office of a commissioner to two years, but the intention of this article is to fix time of election, so that the entire board of commissioners shall not be nominated and elected at the same time, it being the intention of this article that some of the old members, or members that have had service on the board, will still remain, and that no board composed entirely of new men shall be elected at one time. Be it further enacted, that successors to L. T. Wasdin, Commissioner of District Number Two, N. Roddenberry, Commissioner of District Number Three, and L. M. Reynolds, Commissioner of District Number Five shall be nominated and elected at the same time that a member of the General Assembly is nominated and elected for Charlton County during the year 1928, and the successors to the commissioners so nominated and elected at such primary and general election shall take office January 1st, 1929, and at the time of the primary and general election for members of the General Assembly of Georgia in the year 1930, successors to J. C. Littlefield, Commissioner of District Number One, and W. C. Hopkins, Commissioner of District Number Four, shall be nominated and elected, and their successors shall take office January 1, 1931. That every two years thereafter, in the primary and general election for a member of the General Assembly of Georgia for Charlton County, successors shall be nominated and elected to the commissioners whose terms of office shall expire on the first day of January following such primary and general election, and such successors shall qualify and take office on January 1st of each year following their election in the manner and at the time aforesaid. The ordinary of Charlton County, Georgia, shall certify to the Governor of the State

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of Georgia the date and fact of the election of any commissioner elected under the provisions of this section, who shall become a commissioned commissioner of Roads and Revenues for said Charlton County by the Governor. Successors of commissioners. Elections; terms. Sec. 18. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative on the first day of January, 1928. Sec. 19. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1927. CHEROKEE TREASURER'S OFFICE ABOLISHED. No. 117. An Act to abolish the office of County Treasurer in and for the County of Cherokee; to prescribe additional duties of the Commissioner of Roads and Revenues of Cherokee County with reference to the performance of duties heretofore imposed upon the treasurer of said county; to make provisions for the handling and disbursements of all county funds; to name certain banks as county depositories; 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 December 31, 1928, or at any time prior to that date that a vacancy may occur, the office of County Treasurer of Cherokee County shall be and the same is hereby abolished. Abolition of treasurer's office. Sec. 2. Upon the abolition of the office of County Treasurer the County Treasurer then in office shall immediately deliver to the Commissioner of Roads and Revenues of Cherokee County all county funds then in his hands and all records, books, and papers that may be then in his possession which pertain to his office. Transfer of funds, records, etc.

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Sec. 3. Upon the abolition of the office of County Treasurer all county funds heretofore payable to the county treasurer shall be paid to the Commissioner of Roads and Revenues, and said commissioner shall, as and when received, immediately deposit such funds in the banks hereinafter designated. Upon the abolition of the office of County Treasurer all county funds of Cherokee County, except such as may be specially otherwise excepted by law, shall be disbursed by the Commissioner of Roads and Revenues in the manner herein provided. Commissioner takes place of treasurer. Sec. 4. Upon the abolition of the office of County Treasure it shall be the duty of the Commissioner of Roads and Revenues of Cherokee County: Duties of commissioner. (1) To diligently collect from all officers and others all sums due Cherokee County, and to receive all monies and funds of said County as they become due, and to immediately deposit them in such banks as are herein designated and in the proportions herein designated. (2) To examine the minutes and execution dockets of the different courts of the county, to demand and receive all monies appearing to be due thereon, and to institute proceedings against defaulters. (3) To pay without delay, when in funds, all debts due by said county; and when not in funds, as prescribed in section 579 of Georgia of 1910. (4) To take a receipt on each order or voucher when paid, and carefully file it away. (5) To keep a well-bound book in which shall be entered all receipts, stating when received, who from, and on what account, and all amounts paid out, stating when paid, to whom and on what account. (6) To keep a well-bound book in which shall be entered a full description of all county orders, or other forms of indebtedness, as they are presented.

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(7) To exhibit to the first grand jury, at the first session of the superior court of each year, a full statement of the condition of the county treasury up to that time, and on the second Monday in January, annually, to file with the ordinary of Cherokee County a full statement of his account, accompanied by his vouchers for the preceding year, together with his estimate of the indebtedness of the county for the ensuing year, and the means of providing therefor, and to place his books before either of said bodies for examination when called upon. Duties of commissioner. (8) To appear before the ordinary or grand jury to render an account of his actings and doings as disbursing officer, and to exhibit his books and vouchers whenever notified. (9) To publish in the gazette of the County of Cherokee in which sheriff's advertisements are published his annual statement to the ordinary of Cherokee County, containing a full and complete statement of the finances of the county during the preceding year, and showing in full, complete, and itemized detail all receipts, and from what sources derived, and all disbursements and for what purposes paid out; and such statements shall not be mere ledger balances, but shall be in such form and in such detail as to show plainly the revenues of the county, as well as the cost of county government, in every branch. (10) To disburse according to law all funds which the county treasurer may have heretofore received, held, or disbursed. (11) To do and perform any and all other duties essential to the proper conduct of the county's affairs which it has been necessary heretofore for the county treasurer to perform. Sec. 5. Be it further enacted, that upon the abolition of the office of County Treasurer the Commissioner of Roads and Revenues shall pay all warrants drawn upon him by vouchers drawn against the funds deposited to the credit

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of Cherokee County in banks as in this Act provided for. All warrants heretofore drawn on the county treasurer by the Judge of the Superior Court, or by the clerk of Court, or any other officer authorized to draw warrants, shall be drawn on the Commissioner of Roads and Revenues of Cherokee County, Georgia. All vouchers, checks, and orders issued by said Commissioner of Roads and Revenues shall be signed by said commissioner and countersigned by the clerk of the Commissioner of Roads and Revenues of said county, and the banks herein provided for as depositories are authorized to pay all vouchers so signed. Warrants. Vouchers, etc. Sec. 6. The Commissioner of Roads and Revenues of Cherokee County shall give a bond payable to the Ordinary of Cherokee County, in addition to the bond now required by law, in the sum of $25,000.00, in some surety company acceptable to the said ordinary, to protect the county from loss by reason of the handling of the funds of the county by said commissioner as provided in this Act. Said bond will be governed in all its provisions and recovery may be had thereon in the same manner now provided by law for county treasurer's bonds, except that the Ordinary of Cherokee County is made the officer to represent said county in such proceedings. The cost of this bond shall be paid by Cherokee County, Georgia. Bond. Sec. 7. Said Commissioner of Roads and Revenues shall be liable both civilly and criminally, just as county treasurers are liable now civilly and criminally, for any nonfeasance, misfeasance, or malfeasance of their respective duties; and the Ordinary of Cherokee County shall have the right to proceed against said commissioner and the security or securities on his bonds, in the same manner as the ordinary (or county commissioner) may now proceed against a county treasurer and his sureties in case of nonfeasance, misfeasance, or malfeasance of his office. The writ of mandamus may issue to compel a due performance of all the duties imposed upon the Commissioner of Roads and Revenues of Cherokee County herein, at the

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instance of any person, natural or artificial. Failure to perform the duties imposed by the terms of this Act shall also be cause for removal from office of said Commissioner of Roads and Revenues. Malfeasance, etc. Prosecution by Ordinary. Mandamus. Sec. 8. Be it further enacted, that upon the abolition of the office of County Treasurer the Etowah Bank, Canton, Georgia, Bank of Canton, Canton, Georgia, Bank of Woodstock, Woodstock, Georgia, and the Citizens Bank, Ball Ground, Georgia, their successors or assigns, and any other banks hereinafter incorporated by the laws of the State of Georgia or the United States, having an office and place of business in Cherokee County, Georgia, are hereby designated as the banks in which the county funds of Cherokee County shall be kept on deposit. It shall be the duty of the Commissioner of Roads and Revenues, after the abolition of the office of County Treasurer, to promptly deposit all public monies received by him, belonging to said county, in said banks in the proportions herein named 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 banks in the proportion that the capital of each participating bank shall bear to the combined capital of all banks participating in said deposits of county funds, as near as the same can practically be done; his vouchers or warrants shall be so drawn as to maintain at all times a balance on deposit in each of said banks in the proportion herein named; 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 kept distributed in each of said banks in said county in amounts proportioned to the capital stock of said banks. Banks named as depositories. Deposits, how made. Sec. 9. Be it further enacted, that before any of such named banks shall receive any of the funds of Cherokee County or be entitled to receive same, such bank shall execute and deliver to the Commissioner of Roads and Revenues of Cherokee County a good and sufficient bond in the amount of $5,000.00, conditioned for the safekeeping, accounting for, and paying over, upon demand of the

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proper authorities, all monies and funds which may be deposited in said bank by said county. Said bonds shall be in good and solvent surety companies doing business in this State. Upon failure of any of the above named banks to furnish said bonds they shall not be entitled to have any of the county funds to be deposited with them, and the Commissioner of Roads and Revenues shall not make deposits with such banks until bonds are furnished him. Bond of depository. Sec. 10. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1927. CLINCH AND WARE COUNTIES; BOUNDARY. No. 171. An Act to fix and define the boundary line between the Counties of Clinch and Ware, State of Georgia, from the mouth of Cane Creek southward to the Florida 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 the authority of the same, that from and after the passage of this Act the line between the Counties of Clinch and Ware, said State, from the mouth of Cane Creek southward to the Florida line shall be as hereinafter fixed and defined, it appearing that the line between said counties between the aforementioned points has never been defined and fixed, and an urgent necessity existing for the establishment of such, and the Commissioners of Roads and Revenues of said counties having agreed by formal action that such line shall be fixed and established by an Act of the General Assembly of Georgia; the line fixed and established by this Act between the said points is as follows: Starting at the mouth of Cane Creek from the corner common to lots four hundred, four hundred and one, three hundred and

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ninety-two, and three hundred and ninety-three in the twelfth district of originally Appling County, Georgia; thence south along land-lines to the corner common to lots one hundred and four, one hundred and five, forty, and forty-one in said twelfth district; thence east along land-lines to the corner common to lots one hundred and eight, six hundred and twenty-seven, thirty-seven, six hundred and twenty-eight in said twelfth district; thence south along said lines to the northwest corner of lot one hundred and eighty-six in the thirteenth district of originally Appling County, Georgia, as shown on State map; thence east along the north land line of said lot to district line; thence south along district line to southeast corner of said lot; thence west along south land line of said lot to southwest corner of said lot; thence south along land lines for the next eight lots to the northwest corner of lot five hundred and fifty-five in the thirteenth district aforesaid, as shown on State map aforesaid; thence east along land line to district line; thence south along district line to the Florida line. The State maps referred to above are the official State maps of Clinch and Ware Counties, now on file in the office of the Secretary of State Atlanta, Georgia. Boundary between Clinch and Ware counties. Sec. 2. Be it further enacted, that the said counties aforesaid shall have the said line aforesaid plainly marked by setting a solid post at the corner of each lot bordering on said line, having the letters C. L. plainly cut on the face of each post. Posts to mark boundary. Sec. 3. Be it further enacted, that owners of lands who have paid taxes thereon or registered titles thereto, which lands may be changed as to location by this Act, shall be and they are hereby protected, and their rights respecting such are confirmed and made valid to all intents and purposes as if no such change had taken place. And such protection and confirmation shall likewise apply to the deeds, conveyances, and titles received, had, held, and enjoyed by all such owners of lands which may be placed in the one or the other of the aforesaid counties by the establishment of the line aforesaid. Rights of landowners protected.

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Sec. 4. And be it enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1927. COLQUITT COMMISSIONERS; AMENDING ACT. No. 228. An Act to amend an Act approved August 10, 1921 (Ga. Laws 1921, pp. 443-51), entitled An Act to create a Board of Commissioners of Colquitt County; to provide for their election; to prescribe their salary, bond, duties, and powers; to provide for the election of a chairman by said board, etc., by striking out of section 7 thereof the limit therein imposed on the amount of the clerk's salary, so that the amount thereof shall be determined by the board; and by striking out of section 8 the entire last sentence thereof, and by providing in lieu thereof that the amount of the salary of the chairman shall be fixed by 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 the above-described Act approved August 10, 1921, entitled an Act to create a Board of Commissioners of Colquitt County, etc., be and the same is hereby amended by striking from section 7 thereof the following words of the second sentence, not to exceed $75.00 per month, following the word board in the tenth line and going through the end of the said sentence in the eleventh line; so that said section 7 when so amended shall read as follows: Salary of clerk of board. Section 7. The chairman shall keep and maintain an office, open every day except on Sunday and legal holidays, at the court-house of said county; and to this end, the Board of Commissioners may appoint a clerk to keep the office open, which clerk shall keep the minutes and a full

Page 548

record of the proceedings of the board, keep a full financial record under the direction of the board, and to attend to all other matters that may be required by the board in connection with said office. The clerk shall receive a salary to be fixed by the board. The board shall be ultimately responsible for the conduct or misconduct of the clerk, and it shall be their duty to see that the clerk faithfully performs the work of the office. The clerk shall hold office at the discretion of the board, and may be discharged at will by them for neglect of duties or incompetency. To read. Sec. 2. Be it further enacted that section 8 of said Act be amended by striking therefrom all of the second sentence thereof, and by substituting in lieu thereof the following: The compensation and salary of the chairman of the board for his services shall be fixed by said Board of County Commissioners at their first meeting after this Act goes into effect, and thereafter annually at their regular meeting in January for each ensuing year; the amount of the salary shall not exceed twenty-four hundred dollars ($2400.00) per annum; the amount thereof shall be payable in equal monthly installments out of the county treasury, and shall not be subject to change by the board during any year for which it has already been fixed, as herein provided, so that section 8 when so amended shall read as follows: Chairman's salary. Sec. 8. The members of the board, other than the chairman shall receive as compensation for their services five dollars per day for each day's actual service in attendance on the meetings of the board or while looking after other business of the county under authority of the board. The compensation and salary of the chairman of the board for his services shall be fixed by said Board of County Commissioners at their first meeting after this Act goes into effect, and thereafter annually at their regular meeting in January for each ensuing year; the amount of the salary shall not exceed twenty-four hundred dollars ($2400.00) per annum; the amount thereof shall be payable in equal monthly installments out of the county treasury and shall not be subject to change by the board during any

Page 549

year for which it has already been fixed, as herein provided. To read. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict herewith be and the same are hereby repealed. Approved August 15, 1927. COLUMBIA COUNTY COMMISSIONERS. No. 255. An Act to create a Board of Commissioners of Roads and Revenues for the County of Columbia; to define their powers and duties, and prescribe their qualifications; to provide for their selection, terms for which they shall be selected, their compensation; and for other purposes pertaining to county matters. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that there shall be established and created in the County of Columbia a Board of Commissioners of Roads and Revenues for said county, consisting of three members; two of said members shall constitute a quorum and be capable and duly authorized to transact all business pertaining to their office. Board created; members. Quorum. Sec. 2. Be it further enacted by the authority aforesaid, that said commissioners shall be elected by popular vote of the registered voters of the County of Columbia, in the same manner and at the same time and place as other county officers are elected, the first election to be held in the year 1928, at which time three members shall be elected for a term of four years each, their term of office to begin on the first day of January, 1929, and at all elections held as herein provided one of the candidates for said Board of Commissioners of Roads and Revenues shall be elected chairman of said board by the voters casting their ballots for the member they desire to be chairman. Provided,

Page 550

however, that for the year 1928, beginning January 1st and ending December 31st, 1928, P. B. Munday Chairman, G. B. Lamkin, and E. O. Tankersley shall be and they are hereby appointed Commissioners of Roads and Revenues for said County of Columbia, the second election to be held in the year 1932, the term of office to begin the first of January, 1933, in the same manner as above provided for, and then each four years thereafter at which three members shall be elected. Election of commissioners. Terms of office. Election of chairman. Commissioners named. Election of successors. Sec. 3. Be it further enacted by the authority aforesaid, that in the event any vacancy shall occur in the term of office of either of said commissioners, from death, resignation, disability, or otherwise, said vacancy or vacancies shall be filled by an election called and held in the same manner as vacancies in other county offices are filled. Vacancies. Sec. 4. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall meet at the court-house in said county on the first Tuesday in each month, and on such other days as the business of the county may require, or when called in session by the chairman of the board, or as sa d board may determine. Meetings. Sec. 5. Be it further enacted by the authority aforesaid, that no person shall be eligible to be elected a member of said Board of Commissioners unless he be a freeholder, a qualified voter of said county, and shall have resided in said County of Columbia for two years previous to the time of his election. Qualifications. Sec. 6. Be it further enacted by the authority aforesaid, that the first meeting of said board shall be held at the court-house in said county on the first Tuesday in January, 1928, at which meeting said board shall organize and transact whatever business it deems proper. First meeting. Sec. 7. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall have exclusive and orginal jurisdiction over the following subject-matters, to wit: Jurisdiction.

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First: In directing and controlling all the property of the county, as they may deem expedient, according to law. Jurisdiction. Second: In levying a general tax for general, and a specific tax for specific county purposes, according to the provisions of law. Third: In establishing, altering, and abolishing roads, ferries, and bridges in conformity with law. Fourth: In constructing, building, and maintaining and working all the public roads and highways of the county. Fifth: In controlling, maintaining and operating the chain-gang of said county. Sixth: In establishing and changing election precincts and militia districts. Seventh: In supplying, by appointment, all vacancies in county offices heretofore devolved by law upon the ordinary of said county, and calling elections to fill such vacancies. Eighth: In examining and auditing all accounts and legal claims against said county, and authorizing the payment of same. Ninth: In examining and auditing the accounts of all officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriated for its use and benefit, and bring them to a settlement. Tenth: In regulating and managing the pauper, and disbursing the pauper funds of the county. Eleventh: In regulating peddling in the county, and fixing the cost of license, if any be granted. Sec. 8. Be it further enacted by the authority aforesaid, that said board shall have full authority to employ such overseers, agents, and other employees as they find

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necessary for carrying on the public works of the county, and shall fix and pay the salaries of same by warrants upon the county treasury. Employees. Sec. 9. Be it further enacted by the authority aforesaid, that said commissioners shall have authority to appoint or employ county police, prohibition officers, or any other officers or agents whose duties are similar to those of the sheriff or concurrent with those of said sheriff; and they shall be paid by said commissioners by proper warrants upon the county treasury, all of which warrants shall be countersigned by the sheriff of said county. Police officers, etc. Sec. 10. Be it further enacted by the authority aforesaid, that said board shall have full authority and power to assess, levy, and collect such per capita taxes for the purpose of maintaining the roads and highways of said county as are now provided by law. Road tax. Sec. 11. Be it further enacted by the authority aforesaid, that said board shall have authority to enter into contracts for any public works of the county which may be authorized by law, and which in their judgment may be for the best interest of the county. Contracts for public works. Sec. 12. Be it further enacted by the authority aforesaid, that the chairman of said board shall give personal supervision and attention to the construction, working, and maintaining of the public roads and highways of the county and other public works authorized by said board. It shall also be the duty of said chairman, as the executive officer of said board, to keep or have kept correct minutes of all meetings of the board in a book provided for that purpose, which shall be open for inspection at all times. Chairman's duties. Sec. 13. Be it further enacted by the authority aforesaid, that said board shall not enter into any contract with themselves or with any firm or corporation in which either member of said board may be interested. Private interest in contract. Sec. 14. Be it further enacted by the authority aforesaid, that each member of said board, before entering upon

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the discharge of his duties as such, shall take and subscribe before the ordinary of said county the following oath, to wit: I do solemnly swear that I will faithfully discharge the duties of commissioners of roads and revenues of said county, and I will so act as in my judgment will be most conductive to the welfare and prosperity of the county; so help me God; which oath shall be placed upon the minutes of the ordinary's court, and the original filed in his office. Oath. Sec. 15. Be it further enacted by the authority aforesaid, that the chairman of said board, before entering upon the discharge of his duties as such officer, shall give bond in the sum of five thousand dollars, ($5,000.00), with good and sufficient security to be approved by and made payable to the ordinary of said county and his successors in office, conditioned for the faithful performance of the duties required of him as the chairman of said board of roads and revenues, and for the faithful accounting for all funds belonging to the county which may come into his control or possession. Bond. 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 18, 1927. CRAWFORD TREASURER'S OFFICE ABOLISHED; DEPOSITORY CREATED; REFERENDUM. No. 211. An Act to abolish the office of County Treasurer of the County of Crawford in the State of Georgia; 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 same,

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that on the 31st day of December, 1928, or sooner if the office of county treasurer should become vacant, the office of County Treasurer of the County of Crawford in the State of Georgia be and the same is hereby abolished. Abolition of treasurer's office. Sec. 2. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues, usually called the county commissioners, shall, as soon as this Act takes effect, and every four years thereafter, designate some solvent chartered bank in said county as a depository of the county funds in said county, which are now required to be paid over to the county treasurer, and such county depository shall be selected for a term of four years, and every four years thereafter, under such rules and regulations as may be prescribed by said county commissioners, not inconsistent with the terms of this Act or with existing laws, and such depository shall, if so required by the Board of Commissioners, file, within ten days after its selection, a good and sufficient bond, in an amount to be fixed by said county commissioners, with some good and solvent surety company as security on same, the cost of making said bond to be paid out of the county funds. Bank to be depository. Sec. 3. Be it further enacted by the authority aforesaid, that on January 1st, 1929, the county treasurer shall pay over to said county depository all funds in his hands belonging to said county, and turn over to said county depository all books, records, and documents pertaining to his office. Transfer of funds, etc. Sec. 4. Be it further enacted by the authority aforesaid, that al orders or warrants for payment of county funds, heretofore addressed to or drawn on the county treasurer, after this Act goes into effect shall be drawn on the county 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 treasurer shall be performed by the county depository.

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The books and accounts of said county depository covering 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. Warrants, how drown, etc. Duties. Sec. 5. Be it further enacted by the authority aforesaid, that the bond of said county depository, if any bond is required, when executed and approved, shall be filed in the office of the ordinary of said county, and recorded in his office. Bond. Sec. 6. Be it further enacted by the authority aforesaid, that the provisions of this Act shall not become operative until ratified by a majority vote of the qualified voters of said county, voting on an election held for that purpose in said county, which election shall be called by the ordinary within three months after giving thirty days notice thereof by publication in the official gazette of said county; or until ratified by a majority vote of the qualified voters of said county at the next primary election held in said county under the same votes and regulations. Referendum. Sec. 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. DEKALB COMMISSIONER AND CLERK; SALARIES. No. 213. An Act to amend an Act approved August 20th, 1925, entitled An Act to amend an Act approved August 6th, 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 a Commissioner of Roads and Revenues for the County of DeKalb, to prescribe his powers, duties, and compensation; to repeal the Act

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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, so as to increase the salary of said commissioner of roads and revenues by changing said compensation from thirty-six hundred dollars ($3,600.00) per annum to five thousand dollars ($5,000.00) per annum; and to further amend said Act approved August 20th, 1925, by striking from said Act the following words: 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 dollars ($1500.00) per annum, and insert in lieu thereof the following: But said commissioner shall be allowed also to employ a clerk and sufficient other clerical assistance and pay for the services of the same out of the county funds such reasonable compensation as he may determine and agree upon, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act approved August 20th, 1925, amending an Act approved August 6th, 1924, amending an Act approved August 12th, 1919, amending an Act approved August 21st, 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, which said Act approved August 20th, 1925,

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is found in Acts of 1925, page 628, be and the same is hereby amended by striking from the first sentence of section 2 of said Act approved August 12th, 1919, as amended by the several Acts amendatory thereto, the words and figures thirty-six hundred dollars ($3600.00), and inserting in lieu thereof the words and figures five thousand dollars ($5,000.00), and further by striking from the first sentence of section 2 of said Act the following words: But said commissioner shall be allowed also to employ a clerk out of the county funds such sum as he may determine and agree on, not to exceed fifteen hundred dollars ($1500.00) per annum, and inserting in lieu thereof the following words: But said commissioner shall be allowed also to employ a clerk and sufficient other clerical assistance, and pay for the same out of the county funds such reasonable compensation as he may determine and agree upon, so that said section 2 when thus amended shall read as follows: Salary of commissioner $5,000. Pay of clerk. etc. Said commissioner shall receive as his entire compensation the sum of five thousand dollars ($5000.00) per annum, to be paid monthly out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn; but said commissioner shall be allowed also to employ a clerk and sufficient other clerical assistance, and pay for the same out of the county funds such reasonable compensation as he may determine and agree upon. 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) dollars, conditioned for the faithful performance of the duties of the office; and for any

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violation of the condition thereof, said bond may be sued upon inthe name of the county by the ordinary, either of his own motion or by direction of any grand jury of said county, and the commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance in office or any tort or wrong committed under cover of his office, as well as for neglect or nonfeasance. To read. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall become effective and of force September 1st, 1927. 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 15, 1927. DeKALB COUNTY TAX-COMMISSIONER; REFERENDUM. No. 267. An Act to abolish the offices of tax-receiver and tax-collector of DeKalb County, Georgia; to create the office of County Tax-Commissioner of DeKalb County, Georgia; to fix the term and compensation of said office; to prescribe the rights, liabilities, and duties of said office; to provide that the laws now in force as 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 collectible as issued; to provide that all fees and commissions and other compensation of the tax-receiver and tax-collector shall be paid into the treasury of DeKalb 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 a referendum on this Act; to provide for putting into effect in DeKalb

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County 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 DeKalb County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Consolidation of offices of tax receiver and collector. Sec. 2. Be it further enacted by the authority aforesaid, that the office of Tax-Commissioner of DeKalb County, Georgia, is hereby created in lieu of said offices, and that the rights, duties, and liabilities of said office of Tax-Commissioner of DeKalb 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. Duties, etc. Sec. 3. Be it further enacted by the authority aforesaid, that all taxes now due and payable, and all tax fi. fas. heretofore issued by the tax-collector of DeKalb County, Georgia, shall have full force and effect and be collectible as issued. Tax fi. fas. 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 DeKalb 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. And all such fees, commissions, and other compensation so collected by the Tax-Commissioner shall be paid into the treasury of DeKalb County, except such fees and commissions collected from the State, which shall be retained by him in the same manner as such fees and commissions are now retained by the tax-receiver and

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tax-collector, as partial compensation for performing the duties of the office of Tax-Commissioner. Fees, etc. Sec. 5. Be it further enacted by the authority aforesaid, that the term of office of said Tax-Commissioner shall be four years, and the first election of County Tax-Commissioner of DeKalb 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 the person elected shall enter upon the duties of the office hereby created on January 1, 1929. If a vacancy should occur, then the office shall be filled in the same manner as vacancies are now filled in the office of tax-collector. Term of office, 4 years. Election. Duties begin Jan. 1. 1929. Vacancy. Sec. 6. Be it further enacted by the authority aforesaid, that the compensation of the County Tax-Commissioner, and the compensation of such assistants and deputies as he may need, of DeKalb County, Georgia, shall be a salary fixed by the Commissioner of Roads and Revenues of said county in the same manner as the salaries are fixed for other county officers of said county, as found in the Acts of 1924, page..... Pay of commissioner and assistance. 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, the amount of said bond to be fixed by the Commissioner of Roads and Revenues of said county, in a legally qualified bonding company, the amount of the bond and the acceptance of it to be agreed upon by the County Commissioner of DeKalb 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 in DeKalb County the constitution of this State, as is contained in article two, section three, paragraph one. Oath; bond. Sec. 8. Be it further enacted by the authority aforesaid, that before this Act shall go into effect the same shall be ratified at an election to be called by the ordinary of

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said county, to be held on the second Tuesday in November, 1927, by the qualified voters of the County of DeKalb. The present registration books of the County of DeKalb 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 consolidating the two offices shall go into effect on January 1, 1929. The ballot furnished voters of this election shall have printed thereon, For abolishing offices of Tax-Receiver and Tax-Collector and creation of office of Tax-Commissioner, and Against abolishing offices of Tax-Receiver and Tax-Collector and creation of office of Tax-Commissioner. Said election shall be held under the laws, rules, and regulations now governing special elections. Provisions therefor shall be under the direction of the ordinary of DeKalb County, and the result of said election shall be declared by the said ordinary. All expenses of said election shall be borne by the County of DeKalb. Referendum. 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, 1927. DeKALB COUNTY TREASURER; REFERENDUM. No. 277. An Act to repeal an Act entitled An Act to abolish the office of County Treasurer of the County of DeKalb, as found in Georgia Laws, Acts of 1915, page 210; to provide for a salary of county treasurer; to provide for a referendum on this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act entitled An Act to abolish the office of County Treasurer of the County of DeKalb, as found in Georgia Laws, Acts of 1915, page 210, be and the same is hereby repealed, so as to leave in full force and effect the

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laws relating to the office of treasurer in DeKalb County, the same as they existed before the passage of said Act of 1915, except as changed herein. Repeal of Act abolishing office. Sec. 2. Be it further enacted by the authority aforesaid, that the first election of County Treasurer of DeKalb 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 elected shall enter upon the duties of the office of County Treasurer on January 1, 1929, and shall serve for a term of four years. Election of treasurer. Duties begin Jan. 1, 1929. Term 4 years. Sec. 3. Be it further enacted by the authority aforesaid, that the compensation of the County Treasurer of DeKalb County, Georgia, shall be a salary of $2,000.00 per annum, payable monthly out of the funds of the county upon warrants drawn by the Commissioner of Roads and Revenues of said county. Salary $2,000. Sec. 4. Be it further enacted by the authority aforesaid, that before this Act shall go into effect the same shall be ratified at an election to be held on the second Tuesday in November, 1927, by the qualified voters of the County of DeKalb, the same election to be called by the ordinary of said county. The present registration books of the County of DeKalb shall be used at said election; and if this Act is ratified by a majority of those voting at the same election, the provisions of this Act will go into effect on January 1st, 1929. The ballot furnished voters of this election shall have printed thereon, For County Treasurer, and Against County Treasurer. Said election shall be held under the laws, rules, and regulations now governing special elections. Referendum. 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 19, 1927.

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DOUGHERTY COMMISSIONERS' SALARIES. No. 51. An Act to amend an Act entitled An Act to create a new Board of Commissioners of Roads and Revenues for Dougherty County, Georgia, and for other purposes, approved August 6, 1904 (Acts 1904, page 262, No. 555), and all Acts amendatory thereof (Acts 1923, page 236, No. 87, approved August 7, 1923), so as to increase the salary of the members of the Board of Commissioners of Roads and Revenues for Dougherty County, to provide for the payment of the same out of the treasury of said county as salary for their 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 an Act entitled An Act to create a new Board of Commissioners of Roads and Revenues for Dougherty County, and for other purposes, approved August 6, 1904 (Acts 1904, page 262, No. 555), and all Acts amendatory thereof (Acts 1923, page 236, No. 87, approved August 7, 1923) be and the same are hereby amended so as to increase the salary of the members of the Board of Commissioners of Roads and Revenues for Dougherty County, Georgia, as follows, to wit: The chairman of said board shall receive a salary of $1200.00 per annum, and the other two members of said Board of Commissioners of Roads and Revenues for Dougherty County, Georgia, shall receive a salary of $900.00 per annum each, and the same shall be paid out of the treasury of said Dougherty County, and the same shall be paid monthly, so that the chairman of said Board of Commissioners of Roads and Revenues for Dougherty County shall receive a salary of $100.00 per month, and the other members of said board shall receive a salary of $75.00 per month each, and said increase in said salary shall take place, and said salary shall be increased to said sums, from and after August 1, 1927. Increase of salaries of commissioners.

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Sec. 2. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved July 21, 1927. EARLY COUNTY COMMISSIONERS. No. 79. An Act to repeal an Act approved August 17th, 1917, entitled an Act to change the manner in which the Board of Commissioners of Early County shall be elected; to modify the existing Acts creating and affecting said Board of County Commissioners accordingly, and for other purposes; to provide for the division of Early County into five districts; to provide for a method of selecting members of said Board of Commissioners, and to fix their duties and compnesation, and for other purposes. Section 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 17th, 1917, entitled An Act to change the manner in which the Board of Commissioners of Early County shall be elected; to modify the existing Acts creating and affecting said Board of County Commissioners accordingly, and for other purposes, be and the same is hereby repealed. Repeal of Act of 1917. Sec. 2. Be it further enacted by the authority aforesaid, that there is hereby created in said Early County a Board of County Commissioners which board is hereby required to assume an discharge all the functions of the Board of Commissioners as it now exists, said new board to consist of five members. New board of five. Sec. 3. Be it further enacted by the authority aforesaid, that the said County of Early is hereby divided into five districts to be made up of the following territory, to wit: The Northeastern District, to be composed of and embrace the 1535th and 1435th Militia Districts of Early County. Districts.

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The Southeastern District, to be composed of and embrace the 854th and 1164th Militia Districts of Early County. The Northwestern District, to be composed of and embrace the 866th and 1140th and the 1760th Militia Districts of Early County. The Southwestern District, to be composed of and embrace the 1592nd and 510th Militia Districts of Early County. And The Southern District, to be composed of and embrace the 430th and 1572nd Militia Districts of Early County. Sec. 4. Be it further enacted by the authority aforesaid, that in the selection of members of the Board of County Commissioners, one member shall be elected from each of the five districts as herein created; said member so elected shall be a resident of the district from which elected, but the removal of a member so elected from the district from which elected to another district shall be construed as a forfeiture and abandonment of the office, and the election authorities of said county shall call an election to fill such vacancy within a period of thirty days after the ascertainment of the fact of such vacancy. Member from each district. Change of residence. Vacancy. Sec. 5. Be it further enacted by the authority aforesaid, that within three months after the passage of this Act it shall be the duty of the election authorities of Early County to call an election in said county for the purpose of filling the five offices herein created, and that as soon as the persons elected at such election shall qualify they shall meet and organize by selecting one of their number as chairman; a secretary shall also be selected; and as soon as these officers shall be chosen the said board shall take over and assume the duties and functions of the Board of County Commissioners abolished by the provisions of this Act. Election. Chairman; secretary. Sec. 6. Be it further enacted by the authority aforesaid, that the members of said board shall be elected and

Page 566

hold office for a term of four years, and each member of said board shall receive from his services the sum of five ($5.00) dollars, payable monthly from the treasury of Early County. Term 4 years; pay. Sec. 7. Be it further enacted by the authority aforesaid, that before entering upon the discharge of their duties each member of said board, and the secretary thereof shall give bond in a security company authorized by law of this State to engage in business in the State, conditional on the faithful performance of duty, the said bonds to be for the sum $..... in the case of members of the board, and $..... in case of the secretary. Bond. Sec. 8. Be it further enacted by the authority aforesaid, that it shall be unlawful for any member or officer of said board to be interested financially in any contract to be entered into by said board. Private interest in contract. Sec. 9. 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 30, 1927. EARLY COUNTY TAX-COMMISSIONER. No. 70. An Act to abolish the office of tax-receiver and tax-collector of Early County, Georgia; to create the office of County Tax-Commissioner of Early 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

Page 567

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 Early County, Georgia; to provide for the election of said County Tax-Commissioner and the method of filling vacancies; to authorize the Commissioners of Roads and Revenues of said county to levy a tax to pay the salary of the Tax-Commissioner; 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 Early County, Georgia, are hereby abolished and the duties of the two offices aforesaid are hereby consolidated into one office. Substitution of tax commissioner for tax receiver and collector. Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Tax-Commissioner of Early 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 Early 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. Sec. 3. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provision of this Act become effective, and all tax fi. fas. theretofore issued by the tax-collector of Early County, Georgia, shall have full force and effect, and be collectible as issued. Fi. fas. 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 Early

Page 568

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 Early County, Georgia. Fees. Sec. 5. Be it further enacted by the authority aforesaid, that the salary or compensation of such Tax-Commissioner shall be two thousand eight hundred dollars ($2,800.00) per annum, to be paid monthly upon warrants issued by the Commissioners of Roads and Revenues. Salary $2,800. Sec. 6. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues of Early County, Georgia, is hereby authorized to levy and collect a tax sufficient to pay the salary of said Tax-Commissioner, same to be levied and collected as other taxes are levied and collected. Tax to pay salary. 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-collector, and shall give bond in double in 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 Early County, Georgia. Oath; bond Sec. 8. Be it further enacted by the authority aforesaid, that the first election of County Tax-Commissioner of Early 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, 1928, 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. First election. Term 4 years. Vacancy.

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Sec. 9. 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). Act not invalidated by void part. Sec. 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. ELBERT COMMISSIONER'S TERM OF OFFICE. No. 190. An Act to amend an Act entitled An Act to amend an Act entitled `An Act to provide Board of Commissioners for the County of Elbert, approved February 27th, 1875, and to amend the several Acts amendatory thereof, by providing change from 3 commissioners to 1 commissioner; to provide for his election; to fix his term of office and his compensation; to prescribe his duties and the terms of his qualification; to provide for the appointment by him of subordinate officers and employees; to provide for the quarterly advertisement of the receipts and expenditures of his office; to prescribe the duties of subordinate officers and employees, and to fix their compensation; to provide when this Act shall become effective, and for other purposes, approved August 11th, 1913, so as to provide that from and after the first day of January, 1929, the term of office of said commissioner shall be four years; to provide when this Act shall become effective; 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 the Act entitled An Act to amend an Act entitled An Act to provide Board of Commissioners for the County of Elbert, approved February 27th, 1875, and to amend the several Acts amendatory thereof, by providing change from 3 commissioners to 1 commissioner; to provide for his election; to fix his term of office and his compensation; to prescribe his duties and the terms of his qualification; to provide for the appointment by him of subordinate officers and employees; to provide for the quarterly advertisement of the receipts and expenditures of his office; to prescribe the duties of subordinate officers and employees, and to fix their compensation; to provide when this Act shall become effective, and for other purposes, approved August 11th, 1913 (Acts of 1913, page 385), be and the same is hereby amended by striking from line five of section 1 of said Act the words and figures the first Wednesday in October, 1914, and insterting in lieu thereof the words and figures Tuesday after the first Monday in November, 1928; and by striking from line six of section 1 of said Act the word biennially, and inserting in lieu thereof the word quadrennially; and by striking from line nine of section 1 of said Act the word two, and inserting in lieu thereof the word four; and by striking from line nine of section 1 of said Act the figures 1915, and inserting in lieu thereof the figures 1929, so that said section 1 of said Act, when so amended, shall read as follows: Compare Act on page 571, post. Time of election of commissioner; term 4 years, begins Jan. 1, 1929. Section 1. Be it enacted by the General Asssembly of Georgia, that there is hereby created the office of Commissioner of Roads and Revenues for the County of Elbert. (a) That he shall be elected in the regular election for county officers on Tuesday after the first Monday in November, 1928, and quadrennially on the same day thereafter, under the same rules and regulations as are provided for the election of other county officers. (b) That his term of office shall be for four years, beginning January 1st, 1929, or until his successor is elected and qualified. He shall be commissioned by the Governor, and shall before entering upon his duties take and subscribe, before the ordinary of

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said county, the following oath, viz: I do swear that I will faithfully perform the duties imposed by law upon the Commissioner of Roads and Revenues for the County of Elbert, to the best of my skill and knowledge; so help me God. (c) The same commissioner shall have been a bona fide citizen of this State at least five years and a bona fide resident of Elbert County at least three years immediately preceding the beginning of his term of office; he shall not be less than thirty years of age, and shall have all the other qualifications required by law of other county officers. (d) The said commissioner shall give bond, with good security to be approved by the ordinary of Elbert County, payable to the County of Elbert, conditioned for the faithful performance of all the duties imposed upon him by law as Commissioner of Roads and Revenues for said county, in the sum of $10,000.00. (e) The said commissioner shall have exclusive control and management of all matters, in Elbert County, relating to roads, bridges, county public buildings, county paupers, the levying and disbursement of taxes for county purposes, the making of contracts for supplies, for labor, for construction, for repairs, and for improvements of county property, and shall provide for proper representation by counsel in all litigations in which Elbert County may be a party plaintiff or defendant, or otherwise interested. To read. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1927. ELBERT COMMISSIONER'S TERM OF OFFICE. No. 242. An Act to amend an Act entitled An Act to amend an Act entitled an Act to provide Board of Commissioners for the County of Elbert, approved February 27, 1875, and to amend the several acts amendatory thereof,

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by providing changes from 3 commissioners to 1 commissioner; to provide for his election; to fix his term of office and his compensation; to prescribe his duties and the terms of his qualification; to provide for the appointment by him of subordinate officers and employees; to provide for the quarterly advertisement of the receipts and expenditures of his office; to prescribe the duties of subordinate officers and employees, and to fix their compensation; to provide when this Act shall become effective, and for other purposes, approved August 11, 1913, so as to provide that from and after the first day of January, 1929, the term of office of said commissioner shall be four years; to provide when this Act shall become effective, 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 amend an Act entitled an Act to provide Board of Commissioners for the County of Elbert, approved February 27, 1875, and to amend the several acts amendatory thereof, by providing change from 3 commissioners to 1 commissioner; to provide for his election; to fix his term of office and his compensation; to prescribe his duties and the terms of his qualification; to provide for the appointment by him of subordinate officers and employees; to provide for the quarterly advertisement of the receipts and expenditures of his office; to prescribe the duties of subordinate officers and employees, and to fix their compensation; to provide when this Act shall become effective, and for other purposes, approved August 11, 1913 (Acts of 1913, page 385), be and the same is hereby amended by striking from line five to section 1 of said Act the words and figures the first Wednesday in October, 1914, and inserting in lieu thereof the words and figures Tuesday after the first Monday in November, 1928; and by striking from line six of section 1 of said Act the word biennially and inserting in lieu thereof the word quadrennially; and by striking from line nine of section 1 of said Act the word two, and inserting in

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lieu thereof the word four; and by striking from line nine of section 1 of said Act the figures 1915, and inserting in lieu thereof the figures 1929, so that said section 1 of said Act when so amended shall read as follows: Compare Act on page 569, ante. Time of election of commissioner; term 4 years, begins Jan. 1, 1929. Section 1. Be it enacted by the General Assembly of Georgia, that there is hereby created the office of Commissioner of Roads and Revenues for the County of Elbert. (a) That he shall be elected at the regular election for county officers on Tuesday after the first Monday in November, 1928, and quadrennially on the same day thereafter, under the same rules and regulations as are provided for the election of other county officers. (b) That his term of office shall be for four years, beginning January 1st, 1929, or until his successor is elected and qualified. He shall be commissioned by the Governor, and shall before entering upon his duties take and subscribe, before the ordinary of said county, the following oath, viz: I do swear that I will faithfully perform the duties imposed by law upon the Commissioner of Roads and Revenues for the County of Elbert to the best of my skill and knowledge; so help me God. (c) The said commissioner shall have been a bona fide citizen of this State at least five years and a bona fide resident of Elbert County at least three years immediately preceding the beginning of his term of office; he shall not be less than thirty years of age, and shall have all the other qualifications required by law of other county officers. (d) The said commissioner shall give bond, with good security to be approved by the ordinary of Elbert County, payable to the County of Elbert, conditioned for the faithful performance of all the duties imposed upon him by law as Commissioner of Roads and Revenues for said county, in the sum of $10,000.00. (e) The said commissioner shall have exclusive control and management of all matters, in Elbert County, relating to roads, bridges, county public buildings, county paupers, the levying and disbursement of taxes for county purposes, the making of contracts for supplies, for labor, for construction, for repairs, and for improvements of county

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property, and shall provide for proper representation by counsel in all litigations in which Elbert County may be a party plaintiff or defendant, or otherwise interested. To read. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. EMANUEL COUNTY TREASURER'S OFFICE, REFERENDUM TO ABOLISH. No. 209. An Act to abolish the office of county treasurer of the County of Emanuel in the State of Georgia; to provide for the selection of a county depository for the funds of said county; to define the duties, powers, and liabilities of such depository; to provide for a referendum; and 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 the 31st of December, 1928, the office of county treasurer of the County of Emanuel in the State of Georgia be and the same is hereby abolished. Abolition of treasurer's office. 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 January 1st, 1929, and every two 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 to the county treasurer of said county, and the bank selected as said 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 said commissioners,

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with some good and solvent surety company, to be approved by said Board of Commissioners. Bank to be depository of county funds. Sec. 3. Be it further enacted by the authority aforesaid, that on the 1st day of January, 1929, the county treasurer of said county shall pay over to the county depository all funds in his hands belonging to said county, and shall turn over all papers, records, and books now belonging to said county; and all parties required by law heretofore to pay over funds to the county treasurer shall pay over said funds to said depository, and all orders or warrants for payment of county funds shall be drawn on said depository as is now drawn on the county treasurer; all such orders or warrants shall be paid by said depository, when signed by the proper authorities, as are now paid by said county treasurer. Said county depository shall keep all records as are now required of the treasurer. Transfer of funds, etc., Payments by depository. Sec. 4. The bond of the county depository shall be paid for from county funds, and the said depository shall perform all the duties now performed by county treasurer, and shall be liable both civilly and criminally as county treasurers are now under existing laws, and said county depository shall not be paid any sum whatever for their services. Bond. No pay to depository for services. Sec. 5. Be it further enacted by the authority aforesaid, that this Act shall not become effective until after a majority of those voting at an election to be called by the County Commissioners of Roads and Revenues, to be held in the County of Emanuel on the 23rd day of November, 1927, after advertising the same for thirty days in the Forrest Blade, before said election shall vote to abolish treasurer's office. That said county commissioners shall provide for the holding of said election under the same laws and rules under which members of the General Assembly are elected; that said board shall cause to be printed the ballots to be used in said election, and shall have printed on said ballots, For Treasurer's Office, and To abolish Treasurer's Office. That all persons qualified to vote for

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members of the General Assembly shall be allowed to vote on this matter. That the Board of County Commissioners shall cause said election returns to be consolidated, and to declare the results. Referendum. Sec. 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 15, 1927. EVANS COUNTY COMMISSIONERS; AMENDMENT. No. 125. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans, as approved August 16, 1915, so as to repeal section 13 thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act creating the Board of Commissioners of Roads and Revenues of Evans County, Georgia, approved August 16, 1915, be and the same is hereby amended as follows: that section 13 of said Act approved August 16, 1915, is hereby repealed. See Ga. L. 1915, p. 222; sec. 13 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 4, 1927. EVANS COUNTY COMMISSIONERS' AND CLERK'S COMPENSATION. No. 121. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans, State of

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Georgia, approved August 16th, 1915, as amended by an Act approved August 15, 1916, as amended by an Act approved August 16, 1920, as amended by an Act approved July 26, 1921, and as amended by an Act approved July 22, 1922, so as to fix the compensation of the members of said board at a definite sum, to change the salary of the clerk of said board from the sum of thirty-five dollars ($35.00) per month to the sum of fifty ($50.00) dollars per month; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act creating a Board of Commissioners of Roads and Revenues for Evans County, approved August 16, 1915, as amended by an Act approved August 15, 1916, as amended by an Act approved August 16, 1920, as amended by an Act approved July 26, 1921, and as amended by an Act approved July 22, 1922, is hereby amended as follows: That section three of the amendatory Act approved July 22, 1922, be amended by striking from said section three of said amendatory act the following, beginning with the word four in line 14 of said section three, as follows: four ($4.00) dollars a day for each day of actual service; provided, that no commissioner shall be paid for more than fifty (50) days' service during any one year, and that he shall spend as much as one day in each month in each malitia district, looking after the roads and bridges; and inserting in lieu thereof the following: the sum of twenty-five ($25.00) dollars, each, per month; and also by striking from line 28 of said section 3 of said amendatory Act, the following: not exceeding thirty-five ($35.00) dollars per month, and inserting in lieu thereof the following: fifty ($50.00) dollars per month, so that said section 3 of said amendatory Act, when so amended, will read as follows: Be it enacted by the authority aforesaid, that members of the Board of Commissioners herein created shall receive as their compensation the sum of twenty-five ($25.00) dollars, each, per month. And said commissioners shall

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elect a clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the court-house in said county, said records to be open to the inspection of any citizen of said county at all times, if the same do not conflict with the meetings of the board; and he shall perform such other duties as may be assigned him by said board, and he shall keep all the books and records of his office in a neat, first-class and business-like condition at all times. He shall receive compensation for all his duties as such clerk in the amount of fifty ($50.00) dollars per month. Said clerk shall not be a member of said board of commissioners. The said commissioners shall at their first meeting elect a chairman of said board from their own membership, who shall act as such chairman during the entire time of said board. Said commissioners, before entering upon their duties as such, shall take an oath before the ordinary for the faithful performance of their duties. Monthly pay of commissioner, $25; clerk, $50. 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 4, 1927. EVANS COUNTY ROAD-TAX LAW. No. 123. An Act to amend an Act creating a road law for the County of Evans, approved August 16, 1915, as amended by an Act approved August 14, 1916, and as amended by an Act approved August 10, 1920, so as to change the time for collecting road commutation tax in said County of Evans, from the month of October in each year to the month of August in each year; to provide when said road tax collectors in said County of Evans shall complete their work and make their report to the Board of Commissioners of Roads and Revenues of said County of Evans, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act creating a road law for the County of Evans, approved August 16, 1915, as amended by an Act approved August 14, 1916, and as amended by an Act approved August 10, 1920, be and the same is hereby amended as follows: That section three of the amendatory Act approved August 10, 1920, be and the same is hereby amended as follows: By striking from line 30 of said section three the word Monday, and inserting in lieu thereof the word Tuesday, and further by striking from lines 32 and 33 of said section three the word October in each line, and inserting in lieu thereof, in each line, the word August, so that said section three of said amendatory Act approved August 10, 1920, when so amended, will read as follows: Be it enacted by the authority aforesaid, that said commutation tax shall be collected all at one time during each year, and that the county commissioners shall appoint some suitable and qualified person in said county to collect said commutation road tax, which said collector shall receive as his compensation for collecting said tax, 10% on the amount collected. And if said collector shall have to work any hands who work instead of pay, he shall receive two dollars per day for the actual number of days he is working them; and said tax-collector shall post a written notice at the court-ground of each militia district and at five other public places in each militia district at least ten days before he begins to collect said tax, giving the people notice of the day he will begin summoning them to work or to pay. He shall give every male citizen subject to road duty a written summons that will tell him when and where he is to meet to pay or to work, and he shall have said summons at least five days before he is called on to work or pay; and all persons subject to road duty shall be summoned to work on a public road in said militia district, but the collector shall not be permitted to summon said road tax-payers to any one place in less number than fifteen, and the said six notices to be posted in the different districts on

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the first or second day of the month, or as soon thereafter as possible, in the month in which the taxes are to be paid, and the said road tax-collector shall complete his work within one month if possible, and turn over all his money thus collected to the county commissioners on the next first Tuesday; that said tax shall be collected in each year during the month of August, or as soon thereafter as possible; that if after the first of August during the year any person moves into any district of said county and remains a citizen for a period of ten days, he shall be subject to pay said road tax, and the road tax-collector may call upon him at any time to pay said road tax unless he has paid said road tax in some other county in which he has previously resided. Road tax to be collected in August. Collections to be turned over on next first Tuesday. To read. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1927. FLOYD COUNTY COMMISSIONER; REFERENDUM. No. 315. An Act to create a Commissioner of Roads and Revenues for Floyd County; to define his duties and responsibilities; to limit his power and authority; to fix penalties for a violation of any of the terms of this Act; to provide for the qualification, election, and term of office; to fix his compensation; to repeal conflicting laws; to provide for a referendum election for the adoption of this Act; to allow the grand jury to lower or raise salary of commissioner; to make it unlawful for any candidate for office of commissioner to enter into any agreement with any person or company for supplies or employment while a candidate for commissioner; to provide for impeachment of commissioner and clerk; 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 office of Commissioner of Roads and Revenues of Floyd County is hereby created, said commissioner to be nominated in the primary election held during 1928 to nominate county officers for the County of Floyd, and shall be elected at the general election at which members of the General Assembly are elected in 1928, and each four years thereafter, in the same manner as other county officers are elected, and shall enter into the discharge of his duties January 1, 1929. The special election provided for in section 26 shall be called by the ordinary within four months after the passage of this Act. Office created (subject to referendum). Nomination, election, term. Sec. 2. The commissioner shall be commissioned by the Governor, and shall take and subscribe the oath taken by county officers, and shall give a surety company bond in the sum of fifty thousand dollars, payable to the governor and his successors in office, for the true, faithful, and honest performance of the duties of his office. The bond shall be approved by the ordinary, and with the oath filed with and kept by the ordinary. The premiums on the bond shall be paid by the county; and the penalty of the bond, or any loss or damage to the county, may be recovered upon a suit instituted by the ordinary, or by any successor of the commissioner, for the use of the county. Commission, oath, bond. Sec. 3. The commissioner shall have the same powers and duties, in regard to roads, revenues, and other county matters, as are given by the general laws of the State to the ordinaries when they are in charge of county affairs, or to boards of commissioners of roads and revenues. Powers and duties. Sec. 4. Be it further enacted by the authority aforesaid, that the commissioner as aforesaid shall have the sole right to lay out, open, change, or discontinue public road of said county, when and where necessary, according to the laws now of force and effect and shall have the sole management of the working of said roads. Said commissioner shall have the authority to appoint a superintendent

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of public roads when in his discretion necessary; also to appoint all overseers, guards, and officers that may be required to successfully carry out the provisions of this Act; to prescribe the duties of said superintendent, overseer, guards, and officers; to fix the term of their employment, and to remove or discharge them without cause; and to pay said appointees such salaries or wages as may be deemed proper. Said commissioner shall also have sole charge of the bridges of said county, but shall not have the right to build any new bridges over any river in or bounding said county, except upon the recommendation of two consecutive grand juries, unless an existing bridge should be destroyed; provided that the contract for such bridge or bridges shall be let within one year from the second recommendation. He may work a chain-gang, which said commissioner in his discretion is hereby empowered to organize; said chain-gang to consist of the misdemeanor convicts of said County of Floyd or of any other in this State, or any felony convicts apportioned to said county by the State Prison Board. He may work free hired labor and those who do not pay the commutation tax. He may have said roads worked, improved, or repaired, and bridges built, improved, or by contracting for the same when and in such manner as he may see fit, with private parties, company, or corporation, but in accordance with the general laws of this State relative to the letting of county contracts. He may employ or combine any or all of the above methods, or may use any other methods or systems that may be desired for accomplishing the work necessary to keep the public roads and bridges of said county in good condition. Powers as to roads. Superintendent. Overseers, guards, etc. Bridges. Chain-gang. Free labor. Contracts. Sec. 5. Be it further enacted, that said commissioner may purchase any and all machinery, implements, tools, wagons, and stock necessary for working of said roads, and may build such houses and stockades, and purchase anything necessary for the use of stock and for handling and caring for the chain-gang, the cost of the above to be paid from the road fund of said county. All bridges or culverts

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of whatever breadth or width shall be paid from the bridge funds. Machinery, supplies, etc. Buildings. Bridge fund. Sec. 6. Be it further enacted by the authority aforesaid, that all persons resident of said county between the ages of twenty-one and fifty years, except those living in incorporated towns, shall be subject to road duty, and shall be and are hereby required, when notified or summoned, to work on the public roads of said county for such length of time in each year as may be fixed by said commissioner, or to pay such commutation as may be fixed by said commissioner; provided, that no one shall be required to work for a longer period than five days of ten hours each, in any one year, nor shall commutation tax be fixed at a sum that will amount to more than the prevailing daily wage for both the number of days' work required. Road duty; commutation tax. Sec. 7. Be it further enacted by the authority aforesaid, that any person who has refused or failed to pay the commutation tax when demanded by the officer appointed by said commissioner to make such demand, and who shall, without good excuse, fail or refuse to appear at the time and place appointed to work when summoned or notified by the officer whose duty it is to give said summons or notice, according to the rules of said commissioner and the law in such cases made and provided, or who shall fail or refuse to do faithful work when he has appeared, shall be fined an amount twice the commutation tax per diem for each day he fails to work, or be imprisoned in the jail of said county, at the discretion of said commissioner, two days for each day he fails to work. If the commissioner trying the case imposes a fine upon the person convicted, it may be with the alternative of other punishment allowed by this section in case said fine is not paid. Penalty for default. Sec. 8. Be it further enacted, that said commissioner be and he is hereby empowered to try all defaulters, impose and enforce sentence as provided in the preceding section, and said commissioner shall hold court for the trial of said defaulters at any time and place in said county that may be

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fixed by said commissioner; provided, that ten days' notice of the time and place of trial be given to said defaulters. Trial of defaulters. Sec. 9. Be it further enacted, that defaulters shall be summoned for trial or arrested by such officer as said commissioner may appoint, or by the sheriff or his deputy or any lawful constable of said county. Arrest of defaulters. Sec. 10. Be it further enacted, that said commissioner shall have power to administer oaths and hear testimony pertaining to all matters in the trial of defaulters and any other matters pertaining to the public roads and bridges of said county, and shall have exclusive jurisdiction to cite all defaulters and witnesses to appear before him when sitting as a court, and shall have power to punish for contempt, under the same rules and regulations as are provided for justice courts. Power to administer oath, hear testimony, etc. Contempts. Sec. 11. Be it further enacted, that said commissioner be and he is hereby empowered to audit and approve for payment all claims for work done and material furnished for the working of the public roads of said county, and for the building and repairing of the public bridges of said county. Audit. Sec. 12. Be it further enacted, that said commissioner shall have authority to collect the commutation tax and disburse the same without commission, and to perform all other duties, not inconsistent with the provisions of this Act, now performed by the present Board of Commissioners of Roads and Revenues; and shall have all powers now vested in said board, not inconsistent with the provisions of this Act. Authority to collect, disburse, etc. Sec. 13. The commissioner shall keep an official book in the office in the nature of a minute book or diary, in which shall be recorded from day to day all his official acts. All contracts and agreements shall be entered before they shall be effective, and generally the same shall correspond fully to the book of minutes now kept and required. He shall be authorized to give orders or draw

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warrants on the treasurer of said county on the funds arising fron the ad valorem tax for public-road purposes, and on any other fund that may come into said county treasurer's hands for use and expenditure on the public roads and bridges of said county, and for any other use and expenditure necessary to carry out the provisions of this Act. Records. Warrants. Sec. 14. Be it further enacted, that said commissioner shall make out and furnish under oath to the grand jury, at the first term of the superior court of said county in each year, an itemized report of all money received by him from the various sources of income, also all money disbursed by him for the previous year, this report to be published with the grand-jury presentments. Any grand jury may employ competent licensed certified public accountants to audit the books and affairs of the commissioner and of his office, and the affairs of the county. The first grand jury each year shall have such audit and examination made, and a written detailed report filed, which shall be kept as a permanent record. It shall be recorded on the minute book of the commissioner within thirty days, and then filed with the clerk of the superior court. Statement to grand jury. Audit. Sec. 15. The commissioner shall receive a salary of $4,000.00 (four thousand dollars) per year, which shall include his traveling expenses in the county. Such salary may be paid in equal monthly installments in arrears; but no salary expense or payment thereon shall be paid unless and until the commissioner shall take, subscribe, and file an oath with the ordinary that he has truly performed his duties, that he has fully entered and recorded all his official acts on the minute book during the period that the salary is paid for, that he has no money of the county unreported and accounted for, and that there are no liabilities of the county created by his contract not shown on the proper books of his office. When such oath is approved by the ordinary, then the ordinary shall approve the salary check or warrant for payment; and the treasurer of the county is prohibited from paying any warrant or check

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payable to the commissioner, unless the same carries the approval by endorsement of the ordinary. The commissioner is prohibited from receiving or using any county funds from whatever source derived, except upon warrant or check drawn by him and approved by the ordinary as aforesaid. And for a violation of this section the commissioner shall be guilty of a malfeasance in office, and upon conviction shall be punished as provided in the Penal Code, and shall be removed from office. Salary, $4,000. Oath. Approval by Ordinary. Prohibited use of funds. Penalty. Sec. 16. It shall not be lawful to raise or lower the salary of Commissioner of Roads and Revenues during an existing term of office; but that the grand jury of said county, at the last regular session thereof prior to the beginning of a new term of office of the commissioner, shall have the power to raise or lower the salary of the commissioner, provided that the salary shall not be reduced more than $50.00 per month. Change of salary how made. Sec. 17. That it shall be unlawful for any candidate for the office of commissioner of roads and revenues to enter into any agreement with any person or company for the disposal or contracting of any work or the purchase of any supplies, equipment, or machinery or other thing, and shall be unlawful to enter into any agreement direct or indirect or any understanding with any person for the appointment or employment of such person or other person as clerk to said commissioner in the event of his election, or any overseer or other position with the county. Any person guilty of such conduct shall be punished as for a misdemeanor, and, if elected commissioner, shall be subject to impeachment. Unlawful agreement or promise by candidate. Penalty. Sec. 18. The Commissioner of Roads and Revenues and the clerk, both or either, shall be subject to impeachment for incompetency or malfeasance in office, in the same manner as county officers are subject to impeachment. Impeachment. Sec. 19. The commissioner shall establish and publish regular daily office hours, and shall be in attendance as nearly as practicable. He shall appoint a clerk, and fix the

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salary, and said clerk shall take the oath required of county officers, and give bond for the faithful and honest discharge of the duties of office. Such bond shall be a security company bond in the amount of ten thousand dollars, or more if required by the commissioner, premiums paid by the county and shall, with the oath, be filed with and kept by the ordinary. It shall be payable to Floyd County. The clerk shall perform such duties as may be required by the commissioner. Office hours. Clerk. Clerk's oath and bond. Sec. 20. Be it further enacted, that it shall be the duty of each and every person subject to road duty under the provisions of this Act to return his name to said commissioner or to his clerk, on or before the first day of February of each year, for the purpose of having his name listed as a commutation taxpayer of said county; and in default of any person to have his name returned or listed as aforesaid, such person shall be subject to double commutation tax, or shall be required to work on the public roads double the number of days required by said commissioner; provided, that if any person shall fail to return his name as subject to road duty under this section on account of providential cause (said commissioner to be the judge thereof), such person shall not be subject to double taxation as aforesaid. Return of name by person subject to road duty. Default: penalty. Sec. 21. Be it further enacted by the authority aforesaid, that said commissioner shall hold regular weekly sessions for the transaction of such business as pertains to the duties of his office, said meetings to be held in the court-house in Rome, Georgia, on each Tuesday in each month; provided, that he may hold special or called meetings when necessary to transact any business that is not required to be transacted at the regular meetings; or he may establish by order on his minutes, and publish, more frequent regular meetings to be held at fixed times at the court-house. Sessions. Sec. 22. Be it further enacted, that at the first session of the commissioner in each year he shall make an order,

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and enter it on the minutes, showing his estimated budget in detail for the ensuing year. Such budget shall show the estimated revenues of the county expected from each source, the amounts from each source separately shown. Such estimate shall not exceed the amount of revenue of the preceding year, except that any balance of revenue for the proceeding year shall be shown. He shall then make an estimate of expenditures under each head or subject that county revenues are expendable for. He shall then tabulate this budget in convenient and readily understandable form. Such budget shall not be changed or amended during the year, except that if a casual deficiency in revenue as provided for in the constitution shall arise, according to legal definitions, same may be shown. The commissioner is hereby forbidden to make contracts or incur liabilities that shall in any wise be in excess of such budget or any item thereof; and in case he should do so, he shall be liable on his bond, at the suit of the ordinary or any successor in office, to make good the excess, with interest. And each grand jury is hereby charged with the duty of investigating any violation of this section and reporting the same in its presentments. Budget. Expenditure in excess of budget estimate. Liability. Grand-jury investigation. Sec. 23. Be it further enacted by the authority aforesaid, that said commissioner, or any one acting under his appointment or authority, shall not purchase or contract for the purchasing of any supplies, materials, or anything for use of the said county from, nor shall appoint, hire, or use, either directly or indirectly, day labor excepted, any person related to said commissioner unto the fourth degree of relationship. Prohibited dealings with kin. Penalty. Sec. 24. No contract for work of any kind shall be made except in public sessions of the commissioner, and after public announcement, and not more than eighty per cent. of the contract price of any contract work shall be paid on the work before completion; and all such payments shall be made on a sworn statement of the contractor in writing as to the amount of work actually completed, which statement shall be filed and kept by the clerk of the

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board. Any violation of the provisions of this section shall be a misdemeanor, and upon conviction thereof the commissioner so violating same shall be punished as prescribed in section 1065 of the Penal Code of Georgia. Contracts restrictions as to. Payments. Penalty. Sec. 25. That all laws and parts of laws in conflict with this law are hereby repealed, except that any prior act relating to the Board of Commissioners of Roads and Revenues of Floyd County is not repealed, if consistent with this Act, by simply reading into said Act the word commissioner instead of board of commissioners, and adjusting the singular for the plural. Laws repealed; exceptions. Sec. 26. The ordinary of said county is hereby directed within four months to call a special election in said county, which shall be conducted as special elections as provided for by law. At such election all qualified voters may vote. The ballots shall have printed on them For Act creating Commissioners of Roads and Revenues for Floyd County, and Against Act creating Commissioner of Roads and Revenues of Floyd County. If a majority of ballots cast shall be for Act creating Commissioner of Roads and Revenues of Floyd County, the result shall be declared, certified, and published by the ordinary, and this act shall go into effect. Otherwise this act shall be null and void. Referendum. Approved August 20, 1927. FULTON COMMISSIONERS' CLERK'S SALARY. No. 71. An Act to provide a method by which the salary of the clerk of the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, shall be fixed; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act,

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the salary of the clerk of the Board of Commissioners of Roads and Revenues of Fulton County shall be fixed by said commissioners at such sum as in their discretion they think fair and reasonable. And said commissioners shall have the right from time to time to change said salary. Salary of clerk of board. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. FULTON COUNTY PARKS, ETC.; REFERENDUM. No. 259. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton, approved December 30, 1880, and the Acts amendatory thereof, so as to authorize said board and successors in office to establish, maintain, and operate public parks, recreation and amusement places, for the purpose of promoting health, sanitation, and recreation for the people of said county; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton, approved December 30, 1880, and the Acts amendatory thereof, be and the same is hereby amended as follows: Power to establish and maintain parks. A. Said Board of Commissioners of Roads and Revenues of Fulton County, 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 Fulton 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

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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 prescribed in Section 1065 of the Penal Code of this State. Police powers. Penalty for violating rule. Sec. 2. Be it further enacted, that this Act shall not become operative until submitted to a vote of persons voting at the next Democratic primary in said county for the nomination of county commissioners, and a majority of those voting at said primary election favor said law. All persons voting in favor of said law shall have written or printed on their ballots the words: In favor of Fulton County establishing public parks, and all persons voting against said law shall have written or printed on their ballots the words: Against Fulton County establishing public parks. The county Democratic Executive Committee shall consolidate the results and certify the same to the Board of Commissioners of Roads and Revenues of said County; and the same shall be entered on their minutes. Referendum. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 18, 1927. FULTON COUNTY ZONING ACT. No. 399. An Act to authorize the Board of Commissioners of Roads and Revenues of Fulton County to create and establish

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restricted zones or districts, to define the boundaries and limits of said zones or districts, to define the kind and character of buildings or structures that may be erected in said zones or districts, to prohibit the erection of different kinds of buildings or structures therein, to adopt rules and regulations for the enforcement of this Act, and to provide a 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 the Board of Commissioners of Roads and Revenues of Fulton County shall have the right to create and establish restricted areas or districts, define the boundaries and limits of said districts, define the character and kind of buildings or structures that may be erected in said areas or districts, prohibit the erection of different buildings or structures therein, to adopt rules and regulations for the enforcement of this act; provided, however, that said restricted areas or districts must be outside the limits of incorporated towns and municipalities in said county. No zone or district may be created or established without the consent of fifty-one per cent. of the owners of property in said zone or district. Power as to zones and regulation of buildings outside city or town. Consent of property owners. Sec. 2. Any building or structure erected, occupied, or used in violation of any of the provisions of this Act is hereby declared to be a nuisance, and it is hereby made the duty of the solicitor-general of the circuit in which Fulton County is located, to prosecute all persons violating the provisions of this Act. This remedy is cumulative to other remedies provided by law for the abatement of nuisances. Prosecution for violation of Act. Sec. 3. Any person, firm, or corporation violating any of the provisions of this Act 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

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may be constructed and maintained within Fulton County, Georgia. Laws not repealed. Sec. 5. This Act shall take effect at the time when an amendment to the Constitution of the State of Georgia shall be adopted and proclaimed by the Governor of the State as a part of the Constitution, authorizing the Legislature of the State to empower the governing authorities of Fulton County to create and establish restricted zones or districts. Effective when. Sec. 6. All laws or parts of laws in conflict with this Act are hereby repealed. Approved August 25, 1927. GLASCOCK COMMISSIONERS; REFERENDUM. No. 254. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Glascock County, Georgia; to provide for their powers and duties, and to provide for their election and qualifications, and to provide for their compensations; to provide for election of chairman and a clerk of said board, and to prescribe their powers and duties and compensations; to provide for the laying off of the county into commissioners districts, and the election of three Commissioners of Roads and Revenues of Glascock county; to provide when said Act shall go into effect; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the above-recited Act approved August 26, 1922, be and the same is hereby repealed. Repeal of Act creating board. Sec. 2. Be it further enacted by the authority aforesaid, that the present Commissioners of Roads and Revenues of Glascock County, Georgia, elected under the above-recited Act, are hereby required to turn over all books,

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papers, and other documents on roads and revenues of Glascock County, Georgia, immediately upon the election and qualification of the Commissioner of Roads and Revenues for Glascock County, Georgia. Transfer of records, etc. 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 Glascock at the usual places for holding regular elections of the fourth Wednesday, November 1928, 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 three Commissioners of Roads and Revenues for Glascock 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 three Commissioners of Roads and Revenues of Glascock 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 January 1929, at which time the present Commissioners of Roads and Revenues for Glascock County, Georgia, shall turn over to the Commissioner of Roads and Revenues for Glascock County the books, papers, and other documents mentioned in the above and foregoing section. Referendum. Sec. 3A. Be it further enacted by the authority aforesaid, that it is hereby made the duty of the ordinary of said County of Glascock to appoint the managers of all elections to be held under this Act; and if any manager or manager at any voting place fail or refuse to serve after appointment, then any freeholders of said county and who are qualified to vote in said election at such voting place are hereby authorized to hold and superinted said elections. The returns of all such elections, after the managers of such elections have consolidated the same, shall be made to the

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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 court-house in Glascock 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 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. Manager of election. Consolidation of 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 18, 1927. GLASCOCK COUNTY COMMISSIONER. No. 253. An Act to create a Commissioner of Roads and Revenues of Glascock County, Georgia, to provide for his election and his term of office, to fix his compensation, to provide for a clerk for said commissioner, and to fix his duties and compensation; 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 shall be created and is hereby created a Commissioner of Roads and Revenues for Glascock County, Ga., to be known as the Commissioner of Roads and Revenues of Glascock County, and who shall go into office on the 1st day of January, 1928, and hold office for the term of four years from said 1st day of January, 1928; and that an election shall be held in Glascock County, Georgia, on the fourth Wednesday in November, 1927, of which election the ordinary of Glascock 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

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and Revenues of Glascock County, Georgia, shall be elected to fill the vacancy caused by the repeal of Act August 26, 1922. Office created. Term 4 years, begins Jan. 1, 1928. Election. Section 1. (a) This Act shall not go into effect, nor shall any person take office under the provisions, except that the Act approved August 26, 1922, 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 the election of as sole Commissioner of Roads and Revenues of Glascock County cannot be held at the same time as the election for and against the repeal of the Act approved August 26, 1922, and should the majority of the voters cast their ballots for the ratification of an Act abolishing a Board of three Commissioners of Roads and Revenues for Glascock County, then the person receiving the highest number of votes in said election shall be declared sole Commissioner of Roads and Revenues of Glascock County, for the terms set out in this Act. However, should the majority of votes cast be against the ratification of an act abolishing a Board of three Commissioners of Roads and Revenues of Glascock County, then the three commissioners now holding office shall continue in office until their respective term expires. Referendum. Sec. 2. Be it further enacted by the authority aforesaid, that the successor to the said commissioner shall be elected at the general state election, 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 day of January after his election. Election of successor. Sec. 3. Be it further enacted by the authority aforesaid, that said commissioner shall have his office in the court-house at Gibson, Ga., and shall keep office open for the transaction of county business on the 1st Tuesday in each month, and said commissioner may also call special meeting of the board in his discretion. Office at court-house; open when.

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Sec. 4. Be it further enacted by the authority aforesaid, that said commissioner, before he enters upon the duties of his 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 Glascock County, Georgia. Said commissioner shall employ a clerk on the terms and at such salary as may be agreed upon between said commissioner and said clerk so employed, the salary of said clerk to be paid by said commissioner out of and from the salary received by said commissioner. Said commissioner being responsible for the acts of said clerk. Oath. Clerk. Sec. 5. Be it further enacted by the authority aforesaid, that in the event there should be a vacancy in said office at any time, from death, resignation, or any other cause, it shall be the duty of the grand jury of the said county, convening next after a vacancy has occurred, to elect from the citizens of said county a man qualified to fill said office for the unexpired term, and the result of such election shall be shown and recorded in the general presentments of said grand jury; in the interim the ordinary of said county shall perform all the duties of said office, and for his services as such officer he shall receive the sum of $35.00 per month or at the rates of the same for the time served. Vacancy. Sec. 6. Be it further enacted by the authority aforesaid, that before entering upon the discharge of the duties of said office said commissioner shall be commissioned by the Governor, and shall give a solvent bond with surety in the sum of $3,000.00, payable to the Governor of Georgia and his successors in office, to be approved by the ordinary of said county, conditioned for the faithful discharge of the duties of his office and to account for all money, property, or effects of the county that may come into his hands as such commissioner. In case of a vacancy in said office before the ordinary of said county shall enter into the duties of said office of said commissioner, he shall give bond and take the same oath that is required of said commissioner; said bond shall be approved of by the clerk of the superior

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court, and the oath taken before any officer authorized by law to administer oaths. In the event the said ordinary shall fail or refuse to give the bond and take the oath above described, it shall then be the duty of the clerk of the superior court of said county to give bond and take the oath above described, and perform the duties of said office; and all the law that applied to the ordinary in such cases shall apply to the said clerk of the superior court, except his bond shall be approved by the judge of the superior court of said county. Bond. Sec. 7. Be it further enacted by the authority aforesaid, that said commissioner shall have exclusive jurisdiction over all county matters, and shall be invested with all the powers and duties as to the revenues of Glascock County, in levying and collecting taxes and other revenues of the county, and in disposing of said taxes and revenues which have been heretofore legally exercised by Board of Commissioners of Roads and Revenues, and all other property of said county. He shall have exclusive jurisdiction and control over all county property and all roads and bridges in said county, and shall be charged with the duty of maintaining in keeping the same in proper condition, and shall be vested with all the powers and charged with all the duties required of county authorities and prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject-matters enumerated in sections 4796 of the Civil Court of 1910, except the powers enumerated in subdivision 4 and 5 of said section, and shall be vested with all other powers and duties conferred by the laws of this State upon ordinaries when sitting for county purposes, and such as are conferred generally upon county authorities. Jurisdiction and powers. Sec. 8. Be it further enacted by the authority aforesaid, that said Commissioner of Roads and Revenues shall sit as a court for county purposes on the 1st Tuesday of each month, or at such other times as he may fix by proper order passed and entered on his minutes, in the court-house in Gibson, Ga., or at his office at the county-site,

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for the transaction of public business of the county and connected with county matters, and to try and deal with road defaulters in such manner as is provided by law, and shall have power to punish for contempt under the same rules and regulations and as are prescribed for other courts. He shall keep or have kept accurate minutes of all county matters transacted by him. He shall have power to administer oaths and hear testimony as to all matters over which he has jurisdiction. He shall have the right to adjourn his court from day to day, or to any day in the future, as exigency of the office may demand. Sessions. Powers. Sec. 9. Be it further enacted by the authority aforesaid, that said commissioner shall keep or have kept the proper and correct set of books showing all public monies received and expended under his direction, showing in plain itemized statement and the sources from which all such monies are received, and like manner for what purpose expended. Such books shall be subject to inspection by any citizen at any time, as other books and records of county officers are. Said commissioners shall balance his books once each month, so as to show any inspector the exact amount received and expended during the month just preceding. Said commissioner shall either exhibit his books or an itemized sworn report drawn therefrom to each and every grand jury or committee appointed by the same, at such regular sessions of the superior court of Glascock County at which the grand jury convenes. Said books or report shall show the number of persons in said county subject to road duty, and the number of such persons who have paid their commutation tax, and the amount of money received from all persons as commutation tax, and the number of persons subject to road duty who have worked out their time on the roads, and the number of persons subject to road duty who have neither worked their time on the roads nor paid their commutation tax, and why the work has not been done nor the commutation tax paid, and what action, if any, has been taken to enforce these duties. Records. Accounts.

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Sec. 10. Be it further enacted by the authority aforesaid, that said Commissioner of Roads and Revenues shall prescribe how all money for public-road purposes arising from commutation tax shall be collected and paid out, except that said Commissioner of Roads and Revenues shall collect the commutation tax levied in the fall of the year instead of the spring of each year, and shall have the power to fix the compensation for collecting same, commission for collection not to exceed 5%. Said commissioner shall have the right to collect the commutation tax upon the above-prescribed terms, or appoint fit and proper persons to collect the same, who shall be required to give a solvent bond, payable to said commissioner, to cover such amount as may be collected and for the faithful performance of such duty. Commutation tax. Sec. 11. Be it further enacted by the authority aforesaid, that in addition to the powers and authority heretofore enumerated in this Act, said commissioner shall have power and authority to contract and combine with any municipality or municipalities, for the purpose of working and improving the roads of said county and municipality or muncipalities, by and with the consent and approval of the Prison Commission. Contracts for road work. Sec. 12. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said commissioner, provided for by this Act, to attend all meetings of said meetings of said commissioner on each 1st 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 counter-signature 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 warrants, which shall

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show the amount of the warrant drawn and to whom payable, and on what fund drawn, and for what consideration. Clerk's duties. Sec. 13. Be it further enacted by the authority aforesaid, 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 $1.00 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 be sentenced to work on the chain-gang not exceeding 60 days. A fine imposed by the commissioner may be in the alternative of either of the punishment allowed by this Act. Commutation tax defaulters; penalty. Sec. 14. 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 preceding section, and said commissioner may hold 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 defaulters. Same. Sec. 15. Be it further enacted by the authority aforesaid, that said Commissioner of Roads and Revenues shall receive for his services as such the sum of $55.00 per month, provided he devotes his entire time and attention to roadworking and other county matters, and provided further that the salary of the clerk employed by said commissioner shall be paid by said commissioner out of the said sum of $55.00 as the salary of said commissioner. Said sum of $55.00 paid to said commissioner as his salary shall include said commissioner's salary and clerk's salary per month. Salary.

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Sec. 16. Be it further enacted, that in the event said commissioner when sitting as a court or in passing upon any county matters should, from relation or any other cause, be disqualified, the ordinary of said county shall be qualified to act in his stead, and shall have the same power and authority of said commissioner. Disqualification Ordinary acts when. Sec. 17. Be it further enacted, that if any provisions of this Act should be declared illegal or unconstitutional, this shall not affect other provisions of this Act. Act not invalidated by void part. Sec. 18. Be it further enacted, that this Act shall go into effect the 1st day of January, 1928, on which date the commissioner elected at the election herein called shall take office, on which date the present commissioner of Glascock County, Ga., 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 the county property, and chain-gang and road implements, and all and everything belonging to the County of Glascock, or in any way connected therewith, which may have come into their possession by virtue of their office as commissioners. Effective Jan. 1, 1928. Sec. 19. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1927. GLYNN COUNTY BUILDING REGULATIONS. No. 272. An Act granting to the County of Glynn, in the State of Georgia, to regulate in said county, outside of the limits of any city or town therein, the height, size, and use of buildings and other structures as they may be located; the size of yards, courts, and other open spaces; the density of population; and the regulation, location,

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and use of buildings, open spaces, streets, and structures respectively for trade, industry, residence, recreation, and other purposes; the creating of a board or commission, and granting powers to the same to carry into effect such regulations and provisions; to provide for the punishment of violations of such regulations and provisions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that for the purpose of promoting health, safety, morals, and the general welfare of the people of the County of Glynn, the Commissioners of Roads and Revenue of said county, in addition to all powers or authority now possessed and hereafter delegated to them, are empowered to regulate and restrict the number of stories and sizes of buildings and other structures, percentage of lots that may be occupied, sizes of yards, courts, and other open spaces, the density of population, and the location and use of all buildings, structures, streets, roads, parks, and land for trade, industry, residence, recreation, or other purposes. Such regulations may provide that the said planning boards as hereafter provided, may determine and vary their application in harmony with their general purpose and intent, and in accordance with general and specific rules therein contained. Authority to make building regulations, etc. Planning boards. Sec. 2. Be it further enacted by the authority aforesaid, that for any or all such purposes the Commissioners of Roads and Revenue of said county may divide such territory under their jurisdiction into districts or zones of such number, shape, and size as may best suit and carry out the purposes of this Act, and within such districts may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of the buildings, structures, or land. All such regulations may be uniform for each class or kind of building throughout each district, but regulations for one district may differ from those in other districts. Zoning. Sec. 3. Be it further enacted by the authority aforesaid, that such regulations shall be made in accordance

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with a comprehensive plan and design to lessen congestion in streets and roads, to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and area; to prevent overcrowding on lots; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks, and other public requirements. Such regulation shall be made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the use of the most appropriate land throughout such territory respectively. Purposes of regulation, etc. Sec. 4. Be it further enacted by the authority aforesaid, that the said Commissioners of Roads and Revenue shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto at which parties at interest, and citizens, shall have an opportunity to be heard. At least fifteen days notice of the time and place of such hearing shall be duly given by publication in a newspaper of general circulation in said county. Notice and hearing to parties at interest. Sec. 5. Be it further enacted by the authority aforesaid, that such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, enlarged, or repealed. In case, however, of a protest against such change by the owners of twenty per cent. or more of the freeholdings included in the area proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds of the Commissioners of Roads and Revenue of said county, or they may refer said question to the freeholders residing in said area and qualified to vote in general elections in this State, for their determination, in which case a majority vote shall govern. The provisions of the previous section

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relative to a public hearing and final notice shall apply equally to all changes or amendments. Change of regulations, etc. Sec. 6. Be it further enacted by the authority aforesaid, that in order to avail themselves of the powers conferred by this Act, and to carry out the intent and purpose thereof, the Commissioners of Roads and Revenue of Glynn County are hereby given the power and authority to appoint a board or commission to be known as the County Planning Board, which said board shall make such survey or investigation as it may deem necessary, and then recommend to the said county authorities such measures as in its judgment may be advisable or necessary in order to carry out the purposes of this act, and said planning board may recommend the boundaries of the various districts and formulate proper restrictions and rules to be enforced therein. Such planning board shall make a preliminary report, and hold public hearings thereon, before submitting its official report to the said commissioners, and said commissioners shall not hold its public hearing or take action until after the receipt by it of such official report of the planning board; and the said planning board, may, with the consent and approval of said commissioners, employ the services of a competent engineer or expert in county planning, but the compensation of such employes shall be fixed by the said commissioners, and no expense shall be created or obligation incurred by the said planning board without the consent and approval of said commissioners. Planning board. Report of board, public hearing. Engineer or expert. Sec. 7. Be it further enacted by the authority aforesaid, that the said County Planning Board shall consist of five members, in addition to the chairman and clerk of the Board of Commissioners of Roads and Revenue of said County, who shall be ex-officio members of said planning board. The remaining five members of said County Planning Board shall be elected by the said Commissioners of Roads and Revenue of said county. The original election shall be of one member for one year, one member for two years, one member for three years, one member for four years, and one member for five years, and their successors

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shall thereafter be so elected for five-year terms, one being elected each year, all to serve until their successors are elected and qualified. All vacancies on the said County Planning Board shall be filled by the said Commissioners of Roads and Revenue for the unexpired term. Such Planning Board shall organize by the election from their number of such officers as they may deem advisable. Membership of planning board; terms. Sec. 8. Be it further enacted by the authority aforesaid, that the said planning board shall have supervision and control of the plants, shrubbery, and trees growing upon the public property, and of the parks and other property held for the general use of the public, and shall generally have and possess the powers and authority usual to a park and tree commissioner; provided that no real property belonging to Glynn County that is designated as park, or that is held by it for the general use of the public, shall be leased or sold at any time without a three-fourths affirmative vote separately both of said County Planning Board and of the said Commissioners of Roads and Revenue of said county. Powers of planning board. Parks. Sec. 9. Be it further enacted by the authority aforesaid, that the said planning board shall study the resources and possibilities and the needs of the said county, and shall prepare plans and maps for the systematic future development and betterment of the said county, and from time to time, in the manner hereinbefore provided, make such changes as may be deemed advisable. Duties of planning board. Sec. 10. Be it further enacted by the authority aforesaid, that before any street or road is opened or any existing street or road is extended, or before any new subdivision for residence, business, or industrial use is made, the person or persons proposing to open such street or road or such new subdivision shall submit a detailed plan of the same, with blue-prints and other necessary data, to the planning board having jurisdiction hereunder. It shall be the duty of such planning board to carefully examine such plans and specifications with regard to their nature and

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purpose, the principal width, character, and location of such streets, alleys, and roads and such subdivisions, and size, material, manner of laying of water-mains and sewer-lines, and then transmit such application, with all plans and data, to the Commissioners of Roads and Revenue, with its recommendations thereon in writing. The jurisdiction of such planning board and the said Commissioners of Roads and Revenue, for the purposes of this Act, extend to and include all of the land within the jurisdiction generally of said commissioners. Before any such streets, alleys, roads, or subdivisions shall be laid out as aforesaid, they shall be required to have the approval of the said commissioners in accordance herewith. Opening streets. Submission of plans. Sec. 11. Be it further enacted by the authority aforesaid, that in case any building or structure is erected, constructed, reconstructed, altered, or repaired, converted, or maintained, or any structure or land is used, in violation of this Act, or of any ordinance or other regulation duly made under the authority conferred hereby, or in event of the violation by any person of any of the provisions of this Act, such violation in any such respect shall be held to be a misdemeanor under the laws of this State, and the offender upon conviction shall be punished as provided by the Code of Georgia for the punishment of misdemeanors; and in addition thereto the said Commissioners of Roads and Revenue may institute any proper action or proceeding deemed necessary to prevent any such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or abate such violation; to prevent the use and occupancy of any such building, structure, land, street, or road; and to prevent any such illegal act, conduct, or business or use in or about the same. Penalty for violating act. Injunction. etc. Sec. 12. Be it further enacted by the authority aforesaid, that the said planning board, shall, when requested by the said Commissioners of Roads and Revenue, make recommendations and furnish information concerning the condition of existing parks and places of amusement in

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such county, the desirability of locating new parks and places of amusement, the acquisition of the necessary land for the location of the same, and submit such recommendations and information in writing to the said Commissioners of Roads and Revenue, supplying with its said report such necessary maps, plans, and other information as may be from time to time requested. Planning board to make recommendations as to parks, amusement places, etc. Sec. 13. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenue of Glynn County are hereby given full power and authority to pass and adopt such by-laws and ordinances, not inconsistent with the Constitution or laws of this State or the United States, as may in their judgment be necessary or proper to carry out the provisions and purposes of this Act; and such by-laws and ordinances when so passed and adopted are hereby declared to have the force and effect of law; and they shall have further authority to engage all necessary employees of every character as may be necessary or proper to carry out the purposes of this Act, and to provide in their budget for the payment of such expense. Power of commissioners, as to by-laws and ordinances. Employees. Sec. 14. Be it further enacted by the authority aforesaid, that if any portions or provisions of this Act may be found unconstitutional or contrary to any of the general laws of the State of Georgia, such invalidity shall not affect any other portion or provisions of this Act. Act not invalidated by void [Illegible Text]. Sec. 15. Be it further enacted by the authority aforesaid, that this Act shall take effect immediately upon its passage and approval by the Governor, or upon its becoming a law without such approval: provided, however, that should this Act be held illegal or unconstitutional, then this Act shall take effect when an amendment to the Constitution of the State of Georgia shall be adopted and proclaimed by the Governor of the State as a part of the Constitution authorizing the Legislature of the State to empower the governing authorities of Glynn County to create and establish restricted zones or districts. Act effective when.

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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 18, 1927. GLYNN COUNTY MARSH LANDS GRANTED. No. 203. An Act to grant to Glynn County certain vacant marsh lands as hereinafter described; and for other purposes. Whereas there is located in Glynn County, Georgia, certain vacant marsh lands as hereinafter described, not heretofore granted, and belonging to the State of Georgia, and for which the said State has not a present use, 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 there be and is hereby granted to Glynn County, Georgia, the title to the following marsh lands located in said county, to wit: All of that certain tract or parcel of marsh lands lying on both sides of Little River, extending, from Back River on the west to a tract claimed by F. D. M. Strachan on the east, the said tract hereby granted being bounded as follows: on the west and partly on the south and partly on the north by Back River; on the north also by a tract heretofore granted to W. P. Milner; on the east by said tract granted to Milner and the said tract claimed by Strachan; on the south by the Brunswick-St. Simons Highway, a tract of land claimed by the City of Brunswick, and by Black River. Marsh lands granted to Glynn County. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 15, 1927.

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GLYNN COUNTY; POWER OF EMINENT DOMAIN. No. 128. An Act to grant to the County of Glynn, in the State of Georgia, the power of eminent domain to acquire lands, in the discretion of the county authorities, for park purposes; to provide the method of exercising such power; and for other purposes. Section 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 County of Glynn shall be and is hereby given the power of eminent domain to acquire lands, in the discretion of its county authorities, for park purposes. Power of eminent domain, to acquire land for parks. Sec. 2. Be it further enacted by the authority aforesaid, that the method of exercising such power shall be in accordance with the provisions of sections 5206 et seq. of the Code of Georgia, as provided in section 5235 of said Code. Method of exercising power. 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 6, 1927. GRADY COUNTY COMMISSIONERS. No. 287. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Grady; to provide for the manner of their election; to define their powers and duties; to provide for their compensation; and to amend Acts amendatory thereof by increasing the number from three to five, and designating the districts from which they shall be selected; 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 section one of the Act creating the Board of Commissioners of Roads and Revenues of Grady County, State of Georgia, approved July 26th, 1920, be amended by striking from line 6 of said section the word Three appearing between the words of and freeholders, and inserting in lieu thereof the word Five; also by striking from line ten the date 1920 and inserting in lieu thereof the date 1928; also by striking from line 11 the date Jan. 1st, 1921, and inserting in lieu thereof the date Jan. 1st, 1929; also striking from line 13 the date Jan. 1st, 1921, and inserting in lieu thereof the date Jan. 1st, 1929, so that said section when so amended shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be created and established in the County of Grady a Board of Commissioners of Roads and Revenues consisting of five freeholders, who shall be elected by the qualified voters of Grady County at the first general election after the passage of this Act. Said commissioners shall be elected at the general election to be held in said county in the fall of 1928, and shall take and hold office from and after Jan. 1st, 1929, it being the intent of this Act that the present Board of County Commissioners shall hold office until Jan. 1st, 1929, and that the new Board of Commissioners shall take and hold office from and after that date. Board of five commissioners. Election of commissioners. New board holds office from Jan. 1, 1929. Sec. 2. Be it further enacted by the authority aforesaid, that section two of said Act be and the same is hereby repealed, and that the following be enacted in lieu thereof: That Grady County be divided into five commissioner's districts designated as districts numbers one, two, three, four, and five, from each of which shall be a county commissioner, that is he shall be a freeholder residing in said district, but shall be nominated in a county-wide primary held in all of the districts of the county, at which

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all of the voters of the county may participate, and shall be elected at the general election by a county-wide vote and each and all of said commissioners shall have jurisdiction throughout the county over county matters, as provided for in said Act creating a Board of Commissioners of Roads and Revenues, and as provided for by the general laws of said State. District number One shall consist of the Cairo Militia District; District number Two shall consist of Spence, Blowing Cave, and Limesink Militia Districts, District number Three shall consist of Whigham and Springhill Militia Districts; District number Four shall consist of Calvary and Ragan Militia Districts; and District number Five shall consist of Duncanville and Pine Park Militia Districts. Districts. Sec. 3. Be it further enacted that section six be and the same is hereby repealed, and that the following be enacted in lieu thereof: That the three candidates receiving the highest vote in the primary held in said county at such time as the same may be fixed by the executive committee of said county for holding the white primary in the year 1928, provided they are elected in the general election following, shall hold office for a term of four years from January 1st, 1929, and until their successors are elected and qualified; and the two candidates receiving the next highest votes in said primary, provided they are elected in the general election following, shall be commissioned for two years from January 1st, 1929, and shall hold office for and during two years from said date of January 1st, 1929, and until their successors are elected and qualified; but their successors shall be elected for a full term of four years after the expiration of said two years; and all commissioners elected for a full term and beginning on January 1st, 1931, and quadrennially thereafter shall hold for a full term of four years. Said commissioners shall receive the sum of four dollars for each day actually engaged in work for the county as a member of the Board of Roads and Revenues as is now provided by law. Terms of commissioners. Pay of commissioners.

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Sec. 4. Be it further enacted, that section seven of said Act approved July 26th, 1920, be and the same is hereby repealed. Section repealed. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. HABERSHAM AND RABUN; DEER-KILLING. No. 296. An Act to prohibit the hunting or killing of deer in Habersham and Rabun Counties in the State of Georgia, providing penalties 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 it shall be unlawful for any person to hunt or kill deer in the Counties of Habersham or Rabun in the State of Georgia, and that any one guilty of violating the provision of this Act shall be guilty of a misdemeanor and punished as provided in section 1065 of the Penal Code of Georgia, 1910. Unlawful to hunt or kill deer in Habersham and Rabun Counties. Penalty. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 19, 1927. HALL COMMISSIONERS AND SUPERVISOR. No. 345. An Act to amend An Act entitled an Act to create a Board of Commissioners of Roads and Revenues in the

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County of Hall; to define their powers, and other duties approved August 1, 1911, as contained in the printed Acts of 1911, pages 439-445, inclusive, and the Act amendatory thereto, entitled Election of Hall County Commissioners, approved August 11, 1914, as contained in the printed Acts of 1914, pages 293-295, inclusive, so as to change the mode of electing county supervisor, extending the term, and increasing the salaries of the commissioners of roads and revenues of Hall County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act of the General Assembly, approved August 1, 1911 and contained in the printed Acts of 1911, pages 439-445, inclusive, and amended by the Act of the General Assembly, approved August 11, 1914, and contained in the printed Acts of 1914, pages 293-295, inclusive, defining the number and power of the Commissioners of Roads and Revenues of said county, fixing their compensation, defining their duties and powers, and creating the office of county supervisor of said county, be amended as follows: That section one of the amendment to said Act approved August 11, 1914, be amended by striking out from said section all after the enacting clause, and substituting the following: That the term of office of the members of the Board of Commissioners of Roads and Revenues shall be four (4) years; that at the next regular election of the members of the General Assembly and county officers of said County of Hall occurring after this year, and at each succeeding election of county officers, there shall be elected by the qualified voters of said county three citizens of said county, who shall constitute a Board of Commissioners of Roads and Revenues of said county; that the term of office shall begin on the first day of January after their election. And all vacancies occuring after the passage of this Act shall be filled by the grand jury which meets next after the vacancy occurs, the commissioner appointed by the grand jury to hold office during the unexpired term which he is so selected to fill; provided,

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the ordinary shall appoint some one to fill the vacancy until the grand jury elects. Election of commissioners; term of office. Sec. 2. Be it enacted by the authority aforesaid, that section two of said Act approved August 11, 1914, amending section thirteen of Act approved August 1, 1911, be amended by striking out from said section all after the enacting clause, and substituting therefor the following: That at the first regular meeting of the members of the Board of Commissioners of Roads and Revenues of Hall County, after their election, they shall choose or select a County Supervisor for such period of time not exceeding four (4) years, as the said commissioners may designate, and fix his compensation as hereinafter provided for; and that said County Supervisor shall, at all times, build or work only such roads as may be designated by the said County Commissioners of Hall County. Election of County Supervisor. Sec. 3. Be it enacted by the authority aforesaid, that section five of the Act approved August 1, 1911, be amended by striking out all of said section five after the enacting clause, and substituting the following: That the members of said Board of County Commissioners shall receive as compensation for their services the sum of five hundred ($500) dollars per annum, payable monthly upon the order of said board of commissioners by the designated depository of the county; and the said County Supervisor as chosen by the Board of County Commissioners shall receive as compensation for his services a sum not exceeding four thousand ($4,000.00) dollars per annum, to be fixed by the said Board of County Commissioners, and payable monthly upon the order of said Board of County Commissioners by the designated depository of the county. Said Board of County Commissioners shall make all purchases of every character and shall pay all bills of every character in the dicharge of their duties as such county commissioners. Salaries of Commissioners and County Supervisor. Sec. 4. Be it further enacted by the authority aforesaid, that this Act take effect immediately upon the approval of same, in all provisions not herein provided for. Effective when.

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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 enacted. Approved August 20, 1927. JEFFERSON COUNTY TREASURER. No. 288. An Act to create the office of treasurer for the County of Jefferson, to prescribe the duties, the term of office and salary of said treasurer, to provide for a bond, and the method of election of said treasurer; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after January 1st, 1929, there shall be created the office of treasurer for the County of Jefferson. Office of treasurer created. Sec. 2. Be it further enacted by the authority aforesaid, that the duties of said treasurer shall be the same as the duties prescribed by the general law of this State for county treasurer. Duties. Sec. 3. Be it further enacted, that said office shall be filled by election at said time and in the same manner as other county officers are elected, and the term of office of said county treasurer shall be for a period of four years beginning January 1st, 1929. Election. Sec. 4. Be it further enacted by the authority of the same, that the bond to be given by said county treasurer shall be a security bond to be approved by the county commissioners of Jefferson County, and the premium on said bond be paid by the county commissioners of said county out of county funds. Bond. Sec. 5. Be it further enacted, that the salary of the treasurer herein provided for shall be $100.00 per month

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and shall be paid on warrant drawn by the county commissioners of said county monthly; and the said treasurer shall receive no fees whatever for his services as such officer. Salary. No fees. 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 19, 1927. LAMAR COUNTY ADVISORY BOARD. No. 135. An Act to create an Advisory Board together with the Ordinary as a board to be in charge of roads and revenues of Lamar County, to define the powers and duties of said board, to fix the qualifications, duties, terms of office, and compensation of the ordinary and members of said board, to provide for selection of successors, to provide for appointment of clerk and county attorney; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that a Board of Advisors shall be authorized as herein provided, who, with the ordinary of the county, shall constitute a Board of Roads and Revenues for Lamar County. Said board shall consist of the ordinary and two residents who are citizens and qualified voters of said county, and each shall be from a different district, and neither two from the same district. Board of Advisors in charge of roads and revenues. Sec. 2. It is further enacted by authority aforesaid, that W. H. Phinazee and W. A. Sullivan be made an Advisory Board to serve and act in conjunction with the ordinary in handling all financial affairs of roads and revenues, of Lamar County, in fixing the tax rates, in settling all claims of officers and others having the care, management, or disbursement of county funds, in providing for the poor of the county, in examination of the tax-digest, in

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correcting errors, in regulating or fixing fees as may be provided by law, in supervising and awarding contracts for the purchase or sale of properties, supplies, machinery, and materials of all kinds, as well as contracts for building of bridges, construction of road projects, or any and all other affairs of roads and revenues of Lamar County that the ordinary now has or may hereafter have control of, according to law. Members named. Duties. Sec. 3. Be it further enacted by authority aforesaid, that this Act shall become operative on the first Tuesday in January, 1928, at which time the named Advisory Board shall, before entering upon the discharge of the duties of the said office, make and subscribe to an oath before the ordinary of said county to faithfully discharge their respective duties and carry out the provisions of this Act to the best of his skill and knowledge, and to the interest of Lamar County. Also each of the said advisors shall give bond with a surety company in the sum of $1,000.00 each, payable to the ordinary of Lamar County, for the faithful performance of their duties as advisors as above stated, premium on said bond to be paid by Lamar County. Oath; bond. Sec. 4. Be it further enacted by authority aforesaid, the named Advisory Board shall hold this office until January 1st, 1929, being the unexpired time for this office. The terms for said Advisory Board shall be for the term of two years and until their successors are elected and qualified. All elections under this act shall be held at the same time and place and under the same rules and regulations as primary and general elections are held for members of the General Assembly of Georgia. The first election here-under shall be in 1928, at the time and place of the elections for members of the General Assembly of Georgia. The said Advisory Board with the ordinary so elected shall enter upon the discharge of their duties as such advisors and ordinary on the first Tuesday in January, 1929, or as soon there after as they may be qualified, and shall hold office until their successors are elected and qualified. Terms of office. Elections.

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Sec. 5. Any vacancy in office shall be filled by appointment made by the Judge of Superior Court of Lamar County, Georgia, the person appointed to fill a vacancy shall hold office under said appointment only for the unexpired term. Vacancies. Sec. 6. Be it further enacted by authority aforesaid, that the said Advisory Board shall meet with said ordinary who shall be chairman of such meeting, and pass upon such questions as may come before said board. A majority vote of said board shall determine all questions before such board. At all such meetings the chairman, if present, shall preside, but in all cases two shall constitute a quorum to do business. Meetings. Sec. 7. Be it further enacted by authority aforesaid, that the said ordinary and advisors shall have power to select a clerk for said board if in their judgment they need it; either one of advisors of the ordinary can act as clerk. The compensation for such clerk shall not exceed one hundred and fifty ($150.00) dollars per annum, to be paid monthly out of the proper funds of Lamar County. It shall be the duty of the clerk of said board to keep a book of inventory of all county property, including road machinery, live stock, machinery, road-work tools, and every other kind and class. Said board may discharge said clerk at any time and elect a successor. Clerk: salary, duties. Sec. 8. Be it further enacted by the authority aforesaid, that the ordinary as chairman of said board shall receive a salary of $300.00 dollars per annum for his services or duties as chairman of the said Advisory Board of Roads and Revenues, to be paid monthly out of the proper funds. The said advisory board shall each receive the sum of $200.00 dollars per annum to be paid monthly out of the county funds. Salaries of members. Sec. 9. Be it further enacted by authority aforesaid, that said ordinary and advisors shall in their discretion employ a superintendent of roads and bridges, who shall be selected on account of his efficiency, knowledge, and

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skill in practical road building, and shall devote his entire time to the work. He shall have charge of laying out, building, repairing, improving, and maintaining the public roads and bridges of the county under orders of the ordinary and advisory board. He shall receive such salary as may be fixed by the ordinary and advisory board, and his term of office shall be such as may be fixed by the advisory board, with authority vested in said ordinary, and advisory board to discharge him at any time and employ a successor. Superintendent of roads, etc. Salary. Sec. 10. Be it further enacted by authority aforesaid, that it shall be lawful for said ordinary and advisory board to employ an attorney to act as attorney for said county, and to pay for such legal service whatever compensation said ordinary and advisory board in its discretion may deem reasonable. Attorney. Sec. 11. Be it further enacted by authority aforesaid, that the said ordinary and advisory board is required under this Act to publish monthly in the official gazette of said county, a synopsis of itemized expenditures of the county, approved by said advisory board and ordinary during the preceding month, showing the amount paid out, to whom paid, and the general character of the expenditures in order that the general public may be duly informed as to the expenditures of the county. The price paid for such publication shall be fixed by said ordinary and advisors; and in event the price can not be made satisfactory, the same shall be printed in circular form and distributed by the justice of peace in each militia district. Statements of expenditures: publication. Sec. 12. Be it further enacted by authority aforesaid, that it shall be the duty of the grand jury at each spring term of the superior court to inquire into the official acts of the said ordinary and advisory board and shall appoint two or more accountants or bookkeepers to audit the books, acconts, and warrants of said ordinary, and publish their findings, and also prepare an inventory of all property and material of the county on hand on that date and make

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a report of their finding to the Judge of Superior Court of said county. The grand jury appointing said accountants or bookkeepers shall prescribe the amount to be paid them for their services, not to exceed five dollars ($5.00) per diem. Inquiry by grand jury. Sec. 13. If any section or part of section of this Act shall be held invalid, such invalidity shall not be construed to effect the validity of any other portion of said Act. 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 6, 1927. LAURENS COMMISSIONERS, REPORTS BY. No. 265. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, approved August 17th, 1911, and being No. 127 of the Ga. Laws of 1911, so as to provide that it shall be the duty of the Commissioners of Roads and Revenues to publish monthly reports of expenditures and disbursements; and for other purposes. Section 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 the Commissioners of Roads and Revenues of the County of Laurens to publish in the official organ of said county, once each month, a report of all expenditures and disbursements, which shall not be mere ledger balances, but the report shall show to whom the disbursement was made, and for what purposes, so that any person of average intelligence can understand the financial condition of the county. Publication of reports of commissioners.

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Section 1A. Provided that the legal rate for said advertising shall be fifty (50) cents for each one hundred words or fractional part thereof, and for one insertion only, but in no event to exceed twenty-five dollars ($25.00) per month. 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, 1927. LAURENS COUNTY BOND COMMISSION. No. 41. An Act to amend an Act creating a Bond Commission for the County of Laurens, known as 313 Georgia L. 1919, p. 677; and to amend an Act amending the aforesaid Act, known as Act 119, Ga. L. 1925, p. 687; so as to extend the term of office of said bond commissioners; and to extend all of the provisions of said original and amendatory Acts; and to more clearly specify the duties of the ordinary under 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 a certain Act known as Act 119, Ga. L. 1925, p. 687, be and the same is hereby amended as follows: Act of 1925 amended. Sec. 2. By striking the words August 1st in the third line of section two and the words August 1st in the fourth line of section seven of said Act, and substituting in lieu of said words the words December 31st, so that said sections when amended shall read as at present, with said words December 31st substituted in lieu of said stricken words. Bond commission not to exist after Dec. 31, 1927. Sec. 3. Be it further enacted by the authority atoresaid, that said Act known as Act 119, Ga. L. 1925, p. 687, be amended by adding a new section thereto to read as follows:

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That after the termination of the duties of said bond commission as provided in the original Act creating the same, and all Acts amendatory, and this Act, that the ordinary of Laurens County shall be fully clothed with all of the rights and duties of the Laurens County Bond Commission as fully and completely as said bond commission were before the termination of their office, except the ordinary of Laurens County shall not have the authority to make and execute new contracts for the building and construction of any new or additional work, except on the State-aid road from Dublin to Wrightsville in Laurens County, provided the bond commission before the termination of their office has not let contract or contracts on said road. If in the judgment of the Laurens County Bond Commission they can complete the performance of their duties before December 31st, 1927, they may terminate the Laurens County Bond Commission by a written order to that effect before December 31st, 1927. None of the provisions of the original Act creating said bond commission, and the Act of 1925, amending the same are repealed, or added to, except as provided in said Act of 1925 and this Act. Ordinary succeeds bond commission. Earlier termination of commission. Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and they are repealed. Approved July 19, 1927. MADISON COUNTY TAX-COMMISSIONER. No. 234. An Act to abolish the office of tax-receiver and tax-collector of Madison County, Georgia; to create the office of County Tax-Commissioner of Madison 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

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effective, shall be of full force and effect as to such 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. there-tofore issued shall have full force and effect and be collected 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 and set aside by the Tax-Commissioner herein provided for and by him paid into the treasury of Madison County, Georgia; to provide for the election of said County Tax-Commissioner and the method of filling vacancies; to provide for his 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 amendments thereto; and for other puposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the offices of tax-receiver and tax-collector of Madison County, Georgia, are hereby abolished, and the duties of the two said offices are hereby consolidated into one office. Tax-commismissioner in lieu of collector and receiver. Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Tax-Commissioner of Madison County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of said office of County Tax-Commissioner of Madison County, Georgia, shall be the same as the rights, duties, and liabilities of the tax-receiver and tax-collector of said county in so far as the same are applicable. The qualifications of said tax-commissioner shall be the same as that prescribed for tax-collector. 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 Madison

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County, shall have full force and effect, and be collectible as issued. Tax fi. fas. 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 Madison County at the time this Act becomes effective, or that might thereafter be legally allowed such officers were it not for the provisions of this Act, except costs and fees allowed the tax-collector for issuing fi. fas., shall be collected by said County Tax-Commissioner and paid into the treasury of Madison County. Compensation. Sec. 5. Be it further enacted by the authority aforesaid, that the compensation of the said County Tax-Commissioner of Madison County, Georgia, shall be a sum equal to fifty (50%) per cent. of the fees, commissions, and other compensation so collected and turned into the county treasury as provided in section 4, and the same shall be paid to said County Tax-Commissioner by the Commissioner of Roads and Revenues of Madison County, or other officer having charge of said county treasury, when and as paid into said treasury by said County Tax-Commissioner; and in addition to such compensation said County Tax Commissioner shall be entitled to all costs and fees now allowed to tax-collectors for issuing tax fi. fas. Same. 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 same oath and give the same bonds as are now or may hereafter be required of tax-collectors. Oath; bond. Sec. 7. Be it further enacted by the authority aforesaid, that the first election of County Tax-Commissioner for Madison County, Georgia, shall be held at the same time and under the same laws as other county officers are now elected at the general election to be held for county officers in 1928, and quadrennially thereafter, and the person so elected shall enter upon his duties of office hereby created

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on January 1st, 1929, and shall serve for a term of four years. Vacancies shall be filled in the same manner as vacancies are filled in office of clerk of the superior court. Election; term of office. 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 so held unconstitutional; the purpose of this Act being to put into effect the Constitution of this State as contained in article eleven (11), section three (3), paragraph one (1), and amendments thereto. Act not invalidated by void part. 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 15, 1927. McINTOSH COUNTY; TAKING OF CATFISH. No. 346. An Act to permit the taking of catfish, and prescribe the manner and method of taking the same, from the waters of McIntosh County, Georgia, to provide a penalty for violation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act it shall be lawful for any person legally entitled to fish, to take catfish from salt or fresh waters of McIntosh County, Georgia, which are affected by the tides, by the use of and by means of fish-traps or fish-baskets, provided such traps or baskets are set only where catfish are commonly known to run, and not set in any still water or eddy place; provided that this Act shall apply only to waters of said county east of the Seaboard Air-Line Railway right of way and bridges across said Altamaha River in said county. When and where catfish may be taken in county.

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Sec. 2. Be it further enacted by the authority aforesaid, that if any person shall catch a fish other than a catfish in said traps or baskets, he shall immediately liberate said fish into the water from which taken, using all care to preserve the life of such fish; and provided further that no person shall by any means take or catch any catfish under six inches in length, and in event such are caught in said traps or baskets they shall be liberated into the waters from which taken in a live state. Liberation of other fish caught in taking catfish. Sec. 3. Be it further enacted by the authority aforesaid, that no person shall set, place, or use any fish-trap or basket, except that he first enter into a good and solvent bond in the amount of $500.00, conditioned upon the faithful performance and strict adherance to the provisions of this Act, which bond shall be made payable to the Tidewater Commissioner of Georgia and his successors in office, which bond shall be forfeited upon conviction of the principal in such bond for violation of this Act; and upon such conviction the presiding judge shall issue a rule nisi against said principal and his surety, which shall be served, and the said bond forfeited in the manner in which criminal bonds are now forfeited. Bond of person laying or using fish-trap etc. Sec. 4. Be it further enacted by the authority aforesaid, that any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Penalty. 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, 1927. McINTOSH COUNTY TAX-COMMISSIONER. No. 124. An Act to consolidate the offices of receiver of tax returns and tax-collector in McIntosh County, by abolishing

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said offices 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 the expiration of the terms of the present receiver of tax-returns and the present tax-collector in and for said County of McIntosh, said offices shall be and they are hereby abolished. Tax Commissioner in lieu of collector and receiver. 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 McIntosh, 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 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 term of office of the tax-receiver and tax-collector, whose offices are herein abolished, as other county officers are elected. The County Commissioners shall furnish him with office in the court-house, and he is required to attend to the duties of his office at the place so furnished as far as practicable. 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, and shall give bond with some surety company authorized to do business in Georgia as surety, in such amount of money as may be fixed by the County Commissioners of McIntosh County, but in no event to be less than twenty-five thousand dollars, conditioned for the faithful discharge of the duties of his office in the form and manner prescribed by law for

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tax-receivers and tax-collectors, in so far as practicable. The premium on said bond to be paid by the county. Oath; bond. Sec. 4. Be it further enacted by the authority aforesaid, that the first election for County-Tax-Commissioner of McIntosh 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. Term of office. Vacancy. Sec. 5. 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 McIntosh County from State, County, school, and special, shall be collected by the Tax-Commissioner and paid into the county depository of said county, and the same to be accounted for by the county depository in like manner as all other funds belonging to the county deposited with it. Compensation. Sec. 6. Be it further enacted by the authority aforesaid, that the compensation of the County Tax-Commissioner of McIntosh County, Georgia, shall be fixed by the County Commissioners of McIntosh County upon a salary basis, payable monthly out of the general funds of the county, said salary together with all expenses of said office, such as bond premium, stationery, and the like, in no event to exceed the amount of fees and commissioners of the said combined abolished offices. The salary of said Tax-Commissioner shall not be increased or decreased during his term of office. Same. 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 4, 1927.

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MERIWETHER COUNTY TREASURER'S PAY. No. 347. An Act to amend an Act approved August 11, 1920, amending an Act approved August 16, 1915, to change the compensation of the treasurer of Meriwether County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the act approved August 11, 1920, be and the same is hereby amended by striking from the seventh and twelfth lines of section 1 of said Act the words seven hundred fifty dollars, and substituting in lieu thereof the words one thousand dollars, so that the said section when amended shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 16th, 1915, be and the same is hereby amended by striking from the fourth line of section one of said Act the words four hundred and eighty dollars, and substituting in lieu thereof the words one thousand dollars, so that the said section when amended shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the treasurer of Meriwether County shall be paid a salary of one thousand dollars per annum. Treasurer's salary, $1,000. Sec. 2. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927. MILLER COUNTY COMMISSIONERS. No. 50. An Act to amend an Act approved August 22nd, 1905, and entitled an Act to create a Board of Commissioners

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of Roads and Revenues in the County of Miller and for other purposes, and an Act amendatory thereof, approved August 7th, 1912, so as to provide for the election of the members of said board, and to fix the pay thereof, and to provide for the election of the clerk of said board and to fix the salary of same; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section one of an Act approved August 27th, 1905, and entitled An Act to create a Board of Commissioners of Roads and Revenues in the County of Miller, and for other purposes, be amended by striking all of said section and inserting in lieu thereof the following: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be established in the County of Miller a Board of Commissioners of Roads and Revenues consisting of five persons, namely, the ordinary of said county, who by virtue of his office shall be chairman of said board, and in addition thereto two commissioners who shall reside in the 903rd District G. M. of said county one commissioner who shall reside in the 1160th District G. M., of said county, and one commissioner who shall reside in the 1029th District of said county; all of whom shall be elected by the county at large at each regular election for State and County officers, and shall hold their office for a term of four years, or until their successors are elected and qualified. Provided, however, that the present Board of Commissioners shall hold office until the end of the present term for which they have been elected. Board of commissioners; members, residence, term of office. Sec. 2. Be it further enacted, that section two and eight of said Act approved August 22nd, 1905, be and the same is hereby repealed. Section repealed. Sec. 3. Be it further enacted, that section one of the amendment approved August 7th, 1912, be amended by

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striking from section eleven of the original act approved August 22nd, 1905, as amended, the words three hundred dollars, and insert in lieu thereof the words six hundred dollars, so that section eleven when amended shall read as follows: Section 11. Be it further enacted, that said Board of Commissioners of Roads and Revenues shall have authority to elect a clerk for said board, who shall keep all records of proceeding of said board, and who shall receive such salary as may be fixed by said board, not to exceed $600.00 per annum, to be paid out of the county treasury. All orders must be endorsed by the chairman and a majority of the board before paid by the county treasurer of said county. Clerk's salary. Sec. 4. Be it further enacted, that the original Act above referred to, which was approved on August 22nd, 1905, be and the same is hereby amended by adding the following section to be known as section fifteen: Members of the Board of Commissioners of Roads and Revenues for Miller County, herein provided for, shall receive for their services the sum of $5.00 per day for each day's service, same to be paid out of the county treasury, except the chairman of said Board of Commissioners as heretofore provided, whose salary shall be $50.00 per month in lieu of all per diem, which salary shall be in full compensation for all services rendered by him as such chairman. Said salary shall be paid monthly out of the county treasury of said county. Per diem of commissioners. Sec. 5. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved July 20, 1927. MITCHELL COUNTY COMMISSIONERS. No. 29. An Act to amend an Act approved August 18, 1919, which Act was passed for the purpose of amending an Act

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approved August 16, 1915, which Act was passed for the purpose of amending an Act approved August 18, 1913, which said last Act was passed for the purpose of amending an Act approved August 13, 1907, and which said last Act was passed for the purpose of amending an Act approved February 20, 1873, so as to provide how the Commissioners of the County of Mitchell shall be elected, to divide said county into districts for the purpose of electing county commissioners therefrom, and to provide compensation for the services of said commissioners, and to confer upon said commissioners power to punish for contempt, and to provide for the election of a clerk of said Board of Commissioners, and to provide for his compensation and duties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that section one (1) of said amendatory Act approved August 18, 1917, be and the same is hereby stricken, and the following to be known as section one (1) of said amendatory Act of August 18, 1919, be inserted and substituted in lieu of said section one (1) and to become section one (1) of said Act, as follows: to wit: Five districts; one commissioner from each. Section 1. Said County of Mitchell is hereby divided into five districts, for the purpose of selecting county commissioners therefrom, as follows, to wit: The 1173rd militia district shall compose one district; the 1033rd and 1299th militia districts shall compose one district; the 1194th militia district shall compose one district; the 1548th, 1699th, and 791st militia districts shall compose one district; the 1603rd, 625th, and 1611th militia districts shall compose one district; and there shall be elected one commissioner from each of said districts, making five commissioners in all for said county; said election for said commissioners shall be held at the regular time for both nominating and electing an ordinary in and for said County of Mitchell, and the term of office of each and all of said commissioners shall be equal with that of the ordinary's of said county; and no person shall be eligible to vote for any commissioner in any primary or general election, unless he

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be qualified to vote for the ordinary of said county in regular election for the nomination or election of ordinary, and all of the qualified voters residing in the County of Mitchell shall be allowed and qualified to vote for the commissioners of each of said districts hereinbefore laid out and prescribed, in accordance with the rules and law now of force governing the election of county officers; it being the intention of this portion of this section to provide that the several county commissioners shall be selected from districts, as hereinbefore prescribed, but that said county commissioners shall be voted upon and elected from the county at large, by the qualified voters of Mitchell County. Election. Sec. 2. Be it further enacted by the authority aforesaid, that section two (2) of said amendatory Act approved August 18, 1919, be and the same is hereby stricken and the following substituted in lieu thereof: That the Commissioners of Roads and Revenues of said County of Mitchell shall elect one of its members as chairman by a majority vote of said board. The chairman may be a resident of any district of the County of Mitchell. Each Commissioner, of Roads and Revenues of said County of Mitchell as provided for in this Act shall receive for his services the sum of fifteen dollars per month; provided, that the chairman so elected by the Board of Commissioners of Roads and Revenues of said County shall receive the sum of twenty-five dollars per month; said sums to be paid out of the treasury of said county upon warrants duly drawn by said Board of Commissioners of said county. Chairman; election, pay. Sec. 3. Be it further enacted by the authority aforesaid, that section seven (7) of the Act approved February 20, 1873, creating a Board of County Commissioners in and for said County of Mitchell, be and the same is hereby amended by striking out said section seven (7) and substituting therefor the following provision: That said Board of County Commissioners, when regularly in session as a court for the transaction of business, shall have the right to punish for contempt, and the same power to punish for contempt is conferred upon said Board of Commissioners

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as is now by law conferred upon the several ordinaries or the courts of ordinary of the several counties of this State. Power to punish for contempt. Sec. 4. Be it further enacted by the authority aforesaid, that said Board of Commissioners in and for said County of Mitchell shall have the right and power to elect a clerk of said board, whose duty it shall be to faithfully and carefully keep all records, books, papers, and documents of said Board of Commissioners, and to perform any and all duties in connection with said office as may be prescribed by said board; and said board shall have the right and power to require said clerk to give bond in such sum as said board in its discretion may deem fit and proper, payable to said board and thier successors in office, conditioned for the faithful performance of his duties and for the faithful accounting for any funds or monies belonging to the County of Mitchell that may pass into his hands or for which he is responsible, and to fix the compensation of said clerk, and whose term of office shall be equal with that of the board electing him; provided, however, that said Board of Commissioner shall have the right and power to remove said clerk from office for failure to perform the duties of his said office, or for any malpractice or malfeasance in office. Clerk; election; duties; bond; compensation; removal. Sec. 5. Be it further enacted by the authority aforesaid, that the remuneration and compensation hereinbefore provided for said members of said Board of Commissioners of said County of Mitchell shall be in full and complete payment for their services as commissioners in and for said County of Mitchell during their respective terms of office. Services covered by pay provided for. Sec. 6. Be it further enacted by the authority aforesaid, that the term of office of the Board of Commissioners herein provided for shall begin at the expiration of the term of office of the board now serving, and said board so elected under and by virtue of the provisions of this Act shall hold office until their successors shall have been elected and qualified. Term of office.

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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 July 19, 1927. MITCHELL COUNTY DOG LAW REPEALED. No. 96. An Act to repeal an Act approved August 17, 1925, and recorded on pages 718, 719, 720, and 721 of the Acts 1925, entitled 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. 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 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, approved August 17, 1925, and recorded on pages 718, 719, 720, and 721 of the Acts of 1925, be and the same is hereby repealed. Repeal of dog law. Approved August 1, 1927.

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MONROE COUNTY; PAYMENT OF REGISTRARS' FEES. No. 146. An Act to ratify and reaffirm the acts of former County Commissioners of Monroe County, in the payment of fees paid to the Local Registrars of Vital Statistics (Acts 1914, page 157, amended by the Acts of 1919, page 273), and to further provide to make it compulsory and mandatory to pay to the said Local Registrars of Monroe County, out of the County Treasury of said county, all fees accrued since the date of suspension of payments and the date of the Governor's proclamation declaring an amendment to the Constitution of the State of Georgia carried; the accrued amounts run from August 1st, 1925, to November 16th, 1926. And to further provide for the payment of the amounts so suspended within ten (10) days after the approval of this Act by the Governor. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the acts of former County Commissioners in the payment of the fees so paid to the Local Registrars of Monroe County, upon their warrants drawn on the county treasurer of said county (Acts 1914, page 157, amended by the Acts of 1919, page 1919), be ratified and reaffirmed, and it be made mandatory and compulsory for the County Commissioners of Monroe County to pay the Local Registrars, out of the county treasury, all fees accrued since the date of suspension (August 1st, 1925) to the date of the Governor's proclamation declaring an amendment to the Constitution of the State of Georgia carried, the amendment having been submitted to the people of said State of Georgia, and duly ratified, authorizing the levy of taxes for this purpose. (Date of proclamation November 16th, 1926.) The Supreme Court of the State of Georgia, having rendered a decision declaring a levy for this purpose null and void, leaving the remainder of the

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Acts of 1914 and the amendatory Acts 1919 in full force and effect, without any legal provision of law for the payment of the fees accrued from the date of suspension to the date of the Governor's proclamation; and the County of Monroe being due the Local Registrars all fees from the 1st day of August, 1925, to November 16th, 1926. The Local Registrars continued to perform the duties of their office, receiving all birth and death certificates, and send them in as provided by the law, and as it was their duty to keep the records, made so by law. Payment of fees of local registrars of vital statistics. Sec. 2. Be it further enacted, that the County Commissioners of Monroe County shall, within ten (10) days after the approval of this Act, pay the Local Registrars of Monroe County, by giving them a warrant on the county treasurer for the amount due from the date of suspension to the date of the Governor's proclamation. (From August 1st, 1925, to November 16th, 1926.) Time of payment. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with the provision of this Act be and the same are hereby repealed. Approved August 6, 1927. MUSCOGEE COUNTY TAX-COMMISSIONER. No. 58. An Act to abolish the offices of tax-receiver and tax-collector of Muscogee County, Georgia; to create the office of County Tax-Commissioner of Muscogee 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 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

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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 Muscogee County, Georgia; to provide for necessary assistants for said County Tax-Commissioner and their salaries, and for necessary expenses of said office; 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 Muscogee County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. County tax-commissioner in lieu of collector and receiver. Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Tax-Commissioner of Muscogee 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 Muscogee County, Georgia, 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. 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 Muscogee County, Georgia, shall have full force and effect, and be collectible as issued. Tax fi. fas. 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 Muscogee

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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 Muscogee County, Georgia. Compensation. Sec. 5. Be it further enacted by the authority aforesaid, that the compensation of the County Tax-Commissioner of Muscogee County, Georgia, shall be fixed for the term of such officer at least ninety (90) days before the first of January (beginning with January, 1929) by the Commissioners of Roads and Revenues of said County, and said salary shall be fixed for each term at the time aforesaid, and shall not be changed during said term. Time of fixing compensation. Sec. 6. At least ninety (90) days before the first day of January (beginning with January, 1929) the Commissioners of Roads and Revenues of Muscogee County, Georgia, shall fix for the year succeeding the salaries of such assistants or deputies needed by said County Tax-Commissioner, and shall set apart for the expenses of said office such fund as they may decide to be proper. It is hereby expressly provided that the number of assistants for said County Tax-Commissioner and the amount of the expense fund for said office aforesaid shall be fixed and determined by the Commissioners of Roads and Revenues above described, subject to the provisions of section seven (7) hereof; but it shall be within the power and authority of said County Tax-Commissioner, 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 County Tax-Commissioner. Assistants; appointment; salaries. See next section. Sec. 7. Provided, however, that before the action of the Commissioners of Roads and Revenues of Muscogee County, Georgia, in fixing said salaries shall become effective, the same shall be submitted to the grand jury then sitting, or, in the event no grand jury is in session at the time of said fixing of said salaries, the next grand jury convening thereafter. It shall be the duty of said Commissioners

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of Roads and Revenues to submit the schedule of salaries as soon as possible after said schedule shall have been determined. The first order of business of the grand jury to which this Act applies, after the submission by the Commissioners of Roads and Revenues of the schedule of salaries, shall be the consideration of said schedule. The said grand jury shall have the power to disapprove the said schedule by a vote of twelve of the members thereof; but unless the said grand jury so disapproves the said schedule, the said schedule shall remain as fixed by the said Commissioners of Roads and Revenues of Muscogee County, Georgia. In the event that the grand jury fails to act upon the said schedule within ten (10) days after the submission thereof, then it shall remain as fixed by the Commissioners of Roads and Revenues. In the event the grand jury so disapproves the schedule of salaries submitted to it as aforesaid, then the foreman of said grand jury shall appoint a committee from said grand jury, consisting of four members, which committee shall meet in joint conference with the Commissioners of Roads and Revenues for the purpose of harmonizing their contentions and determining upon a proper schedule of salaries, and the schedule of salaries approved by a majority of said joint conference committee shall be final. Approval by grand jury. Sec. 8. Be it further enacted by the authority aforesaid, that after said salaries and expenses are so fixed and determined as provided in sections five (5), six (6), and seven (7) hereof, it shall be proper for the custodian of the county funds, on or before the 15th day of each month, to pay out the monthly portion of such salaries and expenses to said County Tax-Commissioner who shall retain his own salary and disburse the salaries of his assistants and deputies and expenses of office. Payment of salaries. Sec. 9. 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

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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. Oath and bond of tax-commissioner. Sec. 10. Be it further enacted by the authority aforesaid, that the first election of County Tax-Commissioner of Muscogee 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 1, 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 of tax-commissioner. Sec. 11. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Muscogee 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 Muscogee County, Georgia, and that the Commissioners of Roads and Revenues of Muscogee 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 Muscogee County, Georgia. Tax for maintenance of office, etc. Premium on bond. Sec. 12. 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). Act not invalidated by void part. 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 July 25, 1927.

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OGLETHORPE COMMISSIONER'S BOND AND CLERK. No. 246. An Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Oglethorpe, approved August 15, 1904, as amended by an Act approved August 18, 1919, by striking the provision that the commissioner shall give a bond with a guaranty or surety company as surety thereon; by repealing the portion of the Act as amended by Act approved August 18, 1919, providing that the ordinary shall be clerk of the Commissioner, and to provide that the commissioner may elect a clerk and fix his salary; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved August 15, 1904, creating the office of Commissioner of Roads and Revenues in and for Oglethorpe County, be amended as follows: By striking the words, in a solvent surety or guaranty company, between the word bond in line six and the words to be approved in line seven of section 2 of said Act, so that said section when so amended shall read as follows: Bond of commissioner, amendment as to. Sec. 2. Be it further enacted by the authority aforesaid, that the commissioner as herein provided shall be commissioned by the Governor of said State for the term of office for which he is elected, and before entering upon the discharge of the duties of said office shall subscribe to the oath now required by law of county officers, and shall also give a solvent bond to be approved by the ordinary of said county, payable to the Governor of said State and his successors in office, in the sum of ten thousand ($10,000.00) dollars, conditioned for the faithful performance of his duties as such commissioner. To read. Sec. 2. Be it further enacted, that paragraph one of section 10, added to said Act by an Act approved August

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18, 1919, be amended as follows: (a) By striking all the words between the word Act in line eight (8) of said section and the words and whose term of office as in line thirteen (13). (b) By striking the words and clerk between the word commissioner and the word shall in line fourteen (14). (c) By striking the words and as clerk on January 1, 1920, between the word law and the words and for in line seventeen (17) of said section. (d) By adding between the words dollars and the words and whose oath, in line nineteen (19) of said section, the following: `and thereafter as herein fixed for the advisory board. So that paragraph one (1) of said section 10, when so amended, shall read as follows: Ordinary to be a commissioner; compensation. Sec 10. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the ordinary of Oglethorpe County shall by virtue of his office as ordinary be ex-officio a Commissioner of Roads and Revenues for Oglethorpe County, and shall act in conjunction with the commissioner provided for in said Act, and whose term of office as commissioner shall run concurrently with that of his term of office as ordinary, and who shall immediately assume his duties of said office as commissioner when this Act becomes a law, and for his services as commissioner until January 1, 1920, he shall receive one hundred ($100.00) dollars, and thereafter as herein provided for the advisory board, and whose oath of office shall be the same as that prescribed for the commissioner in this Act. To read. Sec. 3. Be it further enacted, that section 5 of the Act approved August 15, 1904, as amended by the Act approved August 18, 1919, be amended as follows: By adding an additional paragraph thereto known as section 5, paragraph (b), the following: Sec. 5. Paragraph (b). That said commissioner 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 the sum of..... dollars per annum, to be paid out of the county treasury. Clerk; salary.

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Sec. 4. That this Act shall become operative immediately upon its passage and approval by the Governor of this State. Effective when. Sec. 5. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 15, 1927. PEACH COUNTY TREASURER'S SALARY AND BOND. No. 133. An Act to fix the salary of the county treasurer of Peach County, Georgia; to provide for a bond for said treasurer; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. From and after the 1st day of January, 1929, the salary of the treasurer of Peach County shall be $360.00 per annum. Said salary is to be paid at the rate of $30.00 per month, and is to be paid by the ordinary of Peach County and out of the treasury of said County. Treasurer's salary. Sec. 2. The treasurer shall be required to give bond signed by some amply solvent surety company, in an amount to be fixed by the ordinary, payable to Peach County, conditioned for the safekeeping of and accounting for all funds which may come into the custody of said treasurer, and for the faithful performance of all duties incumbent upon said treasurer. Bond. Sec. 3. The premium on the bond of the said treasurer shall be paid by the county. Premium on bond. Sec. 4. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 6, 1927.

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PULASKI TREASURER'S OFFICE ABOLISHED. No. 304. An Act to abolish the office of treasurer of Pulaski County; to provide that the ordinary of said county shall perform the duties of the office of county treasurer; to provide compensation for service of the ordinary; to fix the bond of the ordinary; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the first day of January, 1929, the office of treasurer of Pulaski County be and the same is hereby abolished. Treasurer's office abolished. Sec. 2. Be it further enacted, that from and after the first day of January, 1929, the duties heretofore devolving upon the treasurer of said county shall be performed by the ordinary of Pulaski County, under the same rules and regulations as set forth in the laws of the State governing the office of treasurer, except as hereinafter provided. Ordinary to act as treasurer. Sec. 3. Be it further enacted by the authority aforesaid, that the said ordinary shall give a bond for the faithful performance of the duties imposed upon him by this Act, in such sum as may be determined by the Commissioners of Roads and Revenues of said county, giving a surety on said bond one or more responsible fidelity or surety companies; provided, that the amount of said bond shall not be less than twenty-five thousand dollars. The cost of making said bond shall be paid out of the funds of said county on warrant of the Commissioner of Roads and Revenues. Bond. Cost of bond. Sec. 4. Be it further enacted, that the ordinary of said county shall receive, as compensation for the services required of him under this Act, the sum of five hundred dollars per annum, payable in monthly installments by warrants of the Commissioner of Roads and Revenues. Salary $500.

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Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1920. QUITMAN COUNTY TREASURER'S SALARY. No. 127. An Act to amend an Act approved August 3, 1925, providing for the compensation of the treasurer of Quitman County, Georgia, fixing the amount of his salary, his 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 same, that from and after the passage of this Act, an Act approved August 3, 1925, shall be amended as follows: by striking the figure 8 in the third line of section 1 of said Act, and substituting in lieu thereof the figure 9; further amends said Act by striking the words and figures one hundred fifty ($150.00) dollars in the fifth line of said section 1 of said Act, and substituting in lieu thereof the words and figures three hundred ($300.00) dollars. Treasurer's salary, $300. Sec. 2. Said Act when so amended shall read as follows: 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, 1929, the treasurer of Quitman County shall receive, as his compensation for his services, the sum of three hundred ($300.00) dollars per annum, to be paid annually, which said sum shall be in lieu of all fees now received by the treasurer. To read. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1927.

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RICHMOND BOARD OF EDUCATION SECRETARY. No. 364. An Act to amend an Act approved March 2, 1874, and entitled An Act to alter and amend section 3 and section 5 of an Act approved August 23, 1872, to regulate public instruction in the County of Richmond, by providing that the term of office of the secretary of the County Board of Education shall be two years, beginning with the second Saturday in January, 1928, and extending to the second Saturday in January, 1930, and thereafter the term of office of the secretary of said board shall be two years; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that section 1 of an Act approved March 2, 1874, and entitled An Act to alter and amend section 3 and section 5 of the Act approved August 23, 1872, to regulate public instruction in the County of Richmond, be and the same is hereby amended by adding to said section and as a part of the last sentence thereof the following clause: until the second Satuday in January, 1928, and further by adding to said section the following, From and after the second Saturday in January, 1928, the term of office of said secretary shall be for a period of two years and extending to the second Satuday in January, 1930, and thereafter the term of said office shall be two years; so that said section when so amended shall read as follows: Term of secretary of board of education. 2 years. Section 1. Be it enacted, etc., that from and after the passage of this Act, the following words, to wit, `The president and county school commissioners shall each hold their offices for the space of three years from and after the day of their installation' in the third section of an Act entitled `An Act to regulate public instruction in the County of Richmond,' be and the same are hereby stricken from said section, and the following be inserted in lieu thereof: `The president shall hold his office for the space of three years from and after the day of his installation; the county school

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commissioner shall hold his office for the term of one year from and after the day of his election; provided, that at any time within thirty days after the approval of this Act, an election shall be held for a secretary, who shall hold his office until the second Saturday in January, 1875, and until his successor is elected and qualified; and provided further, that all future elections for secretary shall be held on the second Saturday in January of each year until the second Satuday in January, 1928. From and after the second Saturday in January, 1928, the term of office of said secretary shall be for a period of two years and extending to the second Satuday in January, 1930, and thereafter the term of office shall be two years. And an election shall be held by the Board of Education of said county on the second Saturday in January, 1928, for the office of such secretary, who shall hold office from the second Saturday in January, 1928, until the second Saturday in January, 1930, and until his successor is elected and qualified. To read. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 23, 1927. RICHMOND COMMISSIONERS; AMENDING ACT. No. 219. An Act to amend the Act of the General Assembly of the State of Georgia, approved August 19, 1907, declaring the qualifications of the members of the Board of Commissioners of Roads and Revenues of Richmond County, their compensation; 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 following words in lines 23 and 24 of section 1 of said Act, after the word Augusta in line 23, page

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325, and before the word and in line 24, to wit, or any incorporated municipality in Richmond County, be and the same are hereby stricken, so that when amended said Act shall read as follows: Stricken words, as to municipalities. Section 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, to consist of five citizens, for the County of Richmond, is hereby created. The first commissioners to be chosen under this Act shall be elected at the general election to be held on the first Wednesday in October, 1908, by the voters of Richmond County, qualified to vote for county officers. The terms of the members of said board elected on the first Wednesday in October, 1908, shall commence on the twenty-fourth day of September, 1909. Three of the commissioners, one from the country and two from the county, shall hold office until January 1, 1911, or until their successors are elected and qualified. Twoone from the country and one from the countyshall hold office until January 1, 1913, or until their successors are elected and qualified. The successors to three whose term will expire January 1, 1911, shall be elected on the first Wednesday in October, 1910, and at the general election every four years thereafter, and the term shall be for four years commencing January 1, 1911. The successors of the twoone from the country and one from the countywhose terms expire January 1, 1913, shall be elected on the first Wednesday in October, 1912, and be for the term of four years, commencing January 1, 1913. Of the five members of said board, two must be non-residents of the City of Augusta, and shall be voted for under the designation: For commissioners from the country. Of those thus voted for, the two receiving the largest vote, irrespective of the votes cast for the commissioners, shall be elected and shall hold office as hereinbefore provided. The other commissioners to be elected on the first Wednesday in October, 1908, shall be voted for under the designation of county commissioners. The commissioners

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elected shall, before entering upon the discharge of the duties of their offices, elect a chairman from among their number, to serve as such until his term as commissioner expires, and upon such an expiration his successors, from time to time, as chairman, shall be in like manner, and for a like term chosen, take an oath before the judge of the superior court to faithfully discharge their duties, and shall receive, as compensation for their services as such commissioners, the sum of two hundred dollars each per annum. At the first meeting of the commissioners and as soon as they have elected a chairman and taken the oath of office, they shall determine by lot the three commissioners whose term shall expire January 1, 1911, and the two commissioners whose terms shall expire January 1, 1913. To read. Sec. 2. Be it further enacted, that all commissioners elected for said county shall hold their offices until their successors are elected and qualified; and should a vacancy occur by death, resignation, or otherwise, the remaining commissioners shall fill such vacancy, and the person chosen to fill the same shall do so until the next succeeding biennial general election, when a successor to such commissioner shall be elected by the voters in such election, for the balance of the unexpired term. Vacancy. Sec. 3. Be it further enacted, that the said board of commissioners shall exercise all the powers relative to county matters that were vested in the judge of the city court as ex-officio commissioner of roads and revenues under and by virtue of an Act to constitute the judge of the city court in the County of Richmond ex-officio commissioner of roads and revenues for Richmond County; to define his powers and duties; and for other purposes,' approved September 17, 1883. Powers. Sec. 4. Be it further enacted, that said commissioners shall hold one session for county purposes at the court-house on the first Tuesday in every month, and at other times as often as in their judgment the powers and duties herein conferred may require. Sessions.

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Sec. 5. Be it further enacted, that they shall cause to be kept a book of minutes containing their acts and doings as commissioners, a complete record of the affairs of the county. Said minutes, records, and vouchers for all funds of the county disbursed shall be kept in the commissioners' office in the court-house, and subject to the inspection and examination of the grand juries at each and every term of the superior court; and they shall at the spring term of the superior court make to the grand jury thereof a full and explicit report of the condition of the affairs of the county for the year preceding, and accompany said report with the statement of the receipts and disbursements for the year, and to furnish any information to the grand jury that they may desire concerning county matters. Records. Sec. 6. Be it further enacted, that said board of commissioners shall have power and authority to elect a clerk, who shall have an office at the court-house and observe from 9:00 a. m. to 2:00 p. m., and from 3:30 to 5:00 p. m. as his office hours. Said clerk shall keep minutes of the proceedings of said board, and perform such other clerical work as the board may require. He shall have authority to administer oaths. Said clerk shall be elected for the term of two years, subject to removal at the pleasure of the board. He shall give bond in the sum of two thousand dollars, payable to said board and its successors in office, for the faithful performance of his duties as clerk. Said clerk shall receive as compensation the sum of fifteen hundred dollars per annum, payable monthly. Clerk Office hours. Duties. Term. Bond. Salary. Sec. 7. Be it further enacted, that all laws and parts of laws in conflict with this Act, and especially section 41 of `An Act to establish a city court in the County of Richmond; to provide for the appointment of the judge and solicitor thereof, and to define their powers and duties,' approved September 22, 1881; and `An Act to constitute the judge of the city court in the County of Richmond ex-officio commissioner of roads and revenues for Richmond County; to define his powers and duties; and for other

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purposes,' approved September 17, 1883, be and the same are hereby repealed. Repealed Acts. Approved August 15, 1927. SCREVEN COUNTY TREASURER'S SALARY. No. 221. An Act to fix the compensation of the county treasurer of Screven 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, after the passage of this act, the compensation of the county treasurer of Screven County, Georgia, be and the same is fixed as follows: Commencing January 1, 1929, the compensation of the county treasurer of Screven County, Georgia, instead of the fees and commissions heretofore paid said county treasurer, his compensation shall be one hundred dollars per month, payable monthly by the commissioners of said county at their monthly meeting; and in addition to paying said treasurer one hundred dollars per month, said commissioners shall pay the fee charged by a bonding company for the bond of said county treasurer. Treasurer's Salary. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. STEWART COMMISSIONERS; REPEALING ACT. No. 319. An Act to repeal An Act to create a Board of Commissioners of Roads and Revenue in the County of Stewart, approved December 8th, 1888; as amended in an Act of 1909, approved July 31st, 1909; as amended in an

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Act of 1913, approved August 7th, 1913; as amended in an Act of 1920, approved July 24th, 1920. 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 December 31st, 1928, An Act to create a Board of Commissioners of Roads and Revenue in the County of Stewart, approved December 8th, 1888, as amended in an Act of 1909, approved July 31st, 1909, as amended in Act of 1913, approved August 7th, 1913, as amended in Act of 1920, approved July 24th, 1920, be and the same is hereby repealed. Repeal of Act creating board, 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 20, 1927. STEWART COUNTY COMMISSIONER. No. 341. An Act to create the office of Commissioner of Roads and Revenue of the County of Stewart; to provide for his election and his recall; to prescribe the term of office of the commissioner so elected; to define certain qualifications of said commissioner; to define the duties of the commissioner, and provide for the proper supervision of his acts and the auditing of his books and such records as are now kept in the office of Commissioners of Roads and Revenue; to specify the compensation of such commissioner, and how it may be levied and paid for his work; and generally to provide for the management of the affairs of said county, and for clerk of said commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after December 31, 1928, the county

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affairs of Stewart County, Georgia, shall be administered by a Commissioner of Roads and Revenue, and for that purpose the office of Commissioner of Roads and Revenue is hereby created. Office created. Sec. 2. Be it further enacted by the authority aforesaid, that said commissioner shall be elected by the qualified voters of said county at the general State election held in said county in 1928, and said commissioner to hold office for a term of four years, beginning January 1, 1929. Election and term of commissioner. Sec. 3. Be it further enacted by authority of the aforesaid, that in order to be eligible to hold the office of said commissioner, one must have attained the age of 30 years, must have resided in said county for four years next preceding the term for which he is elected, must be of good moral character, and must have had some practical business experience, and at least a general knowledge of bookkeeping. Qualifications. Sec. 4. Be it further enacted by the authority aforesaid, that the managers of elections held under this act shall consolidate the returns of said elections, as provided by law for general elections held in said county, and certify the results to the ordinary of Stewart County, and the one receiving the majority of votes cast in said election shall be commissioned by the Governor of the State of Georgia; however, if no candidate receives said majority, it shall be the duty of the ordinary of Stewart County to provide for an election not later than ten days after the aforesaid general State elections, for a special election to name a Commissioner of Roads and Revenue. Consolidation of election returns, etc. Second election. Sec. 5. Be it further enacted by the authority aforesaid, that the only eligible candidates for said special election, as outlined in section 4 of this Act, shall be the two candidates receiving the highest votes, and after said special election has been held it shall be the duty of ordinary of Stewart County to call the managers of said election together in his office the day following said special election, for a consolidation of the votes, which shall be compiled as provided for in general State elections, and the candidate

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receiving the highest number of votes cast shall be declared the Commissioner of Roads and Revenue of Stewart County, Georgia, and shall be so commissioned by the Governor of the State of Georgia. Same. Sec. 6. Be it further enacted by the authority aforesaid, that all expenses incurred in special elections, as outlined in sections four and five of this Act, shall be borne by said Stewart County and paid from the treasury or depository of said county, and such managers and clerks as the ordinary may employ to execute to duties of holding said elections shall be paid the same per diem as is fixed by law in holding general State elections. Election expenses. Sec. 7. Be it further enacted by the authority aforesaid, that said commissioner, before entering on the discharge of his duties as such, shall give bond, with good security (said security to be a good and solvent surety company authorized to do business in Georgia), approved by the ordinary of said county, in the sum of ten thousand dollars, payable to ordinary of said county and his successors in office, and conditioned for the faithful discharge by said commissioner of his duties and the carrying out the conditions thereof, which said bond may be sued upon in the name of said ordinary, either on his own motion or by direction of the grand jury of said county; and the said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, as well as for neglect or nonfeasance. Said commissioner is authorized to pay the annual premium due on such bond out of the public funds of said county. Bond. Sec. 8. Be it further enacted by the authority aforesaid, that said commissioner shall, before entering upon the duties of his office, make and subscribe to an oath before the ordinary of said county to faithfully discharge his duties and to carry out the provisions of this Act, to the best of his skill and knowledge, and to the best interest of the entire County of Stewart. Oath.

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Sec. 9. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be $2400.00 per annum, to be paid at the rate of two hundred dollars per month at the end of each calendar month; however, the grand juries which may see fit to so do can in their wisdom diminish said 2400 dollars as salary of said commissioner as low as $1800.00 per annum or as high as $3000.00 per annum, provided, two successive grand juries may concur in said decrease or increase of said commissioner's salary; otherwise, it shall remain as provided for in this Act, viz., $2400.00 per annum. Salary of commissioners. Sec. 10. Be it further enacted by the authority aforesaid, that in case of a vacancy in the office of commissioner, by reason of death, resignation, or otherwise the ordinary of said county shall serve as commissioner until his successor is elected and qualified; and such vacancy shall be filled at a special election called by the clerk of the superior court of said county, and held within thirty days after the death or resignation or other cause resulting in such vacancy. All rules and regulations governing such special election for such vacancy as caused in this section shall be as those employed by law in other vacancies of county offices of aaid Stewart County. Vacancy. Sec. 11. Be it further enacted by the authority aforesaid, that said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, viz.: In directing, controlling, and caring for all property of the county, according to law; in levying taxes for county purposes, according to law; in establishing altering, or abolishing public roads, bridges, ferries, in conformity to law; in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the tax officer's books and allowing the insolvent list of said county, according to law; in examining, settling, and allowing all claims against the county, according to law; in examining and auditing all claims and accounts of officers having the care, management, keeping, collection, or disbursement of money belonging to the

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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 treasury or depository, the tax-collector, tax-receiver, or tax-commissioner as the case may be, the sheriff, the superintendent of public schools, and other officers of said county through whose hands county funds pass, and this may be done by the commissioner himself or through certified accountants or bookkeepers employed for the purpose, and he or they may require from all such officers, subject to examination, such reports as may be necessary to keep said commissioner fully informed at all times of the financial condition of the county; in controlling, calling for, and managing the convicts of the county, according to law, in making rules and regulations and provisions for the support of the poor of the county, according to law, in promoting and preserving the public health of the county with the authority to quarantine against contagious diseases and epidemics, according to law, in regulating and fixing license fees as authorized by law; in providing for and the collection of the commutation road taxes, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; in trying all road defaulters according to law; and generally to have and exercise all powers heretofore vested in the commissioners or ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over county matters or county finances; in selecting and appointing all minor officers or employees of the county whose election or appointment is not otherwise provided for by law, such as superintendents and guards of convicts in the chaingang, janitor of the court-house, county physician, and health officer, tax-assessors, county policeman, and other officers and guards as needed and authorized by law. All appointees of said commissioner shall be subject to suspension or dismissal at any time; and no appointee so suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no

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matter whether the time for which he was appointed has expired or not. Jurisdiction and powers. Jurisdiction and powers. Sec. 12. Be it further enacted by the authority aforesaid, that said commissioner shall have authority to employ a competent attorney at law to advise him and represent the county in any litigation which may arise in which said county is a party. Said commissioner shall pay said county attorney not exceeding one hundred dollars per annum for his services in advising said commissioner. Whenever it is deemed necessary, said commissioner may employ additional counsel to assist the county attorney. Attorney. Sec. 13. Be it further enacted by the authority aforesaid, that said commissioner shall have entire control and management of the convicts of said county sentenced to work upon the roads or works of said county, and all convicts of this State assigned to the County of Stewart by the proper authorities of the State, and shall so employ them according to law and under such plans of working, building, repairing and maintaining the public roads, bridges, and works of said State as may now or hereafter be adopted or enforced by law in said county. Convict labor. Sec. 14. Be it further enacted by authority aforesaid, that said commissioner shall elect 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 public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp or camps in the most economical manner, and generally to the affairs of the county. He shall devote his entire time to the discharge of his duties as such commissioner, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Office days. Duties.

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Sec. 15. 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 county treasurer or depository, for what purpose and on what fund. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department purchased and used. He shall also keep a cash-book, in which he shall daily enter any cash item received by him, from whom received, and for what purpose received. He shall keep a record, seperate from other financial affairs of the county, of all expenditures on account of the chain-gang of the county, including supplies, equipment, and expenses therefor, and pay of warden, guards, etc. He shall keep a book of inventory of all county property, including road machinery, live stock, chain-gang outfit, road-working tools, and of 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 the inspection of any and all citizens of Stewart County who may be interested in same. Records. Sec. 16. Be it further enacted by the authority aforesaid, that said commissioner, at the end of each quarter, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of

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the quarter; also such outstanding obligations as he or his predecessor in office shall have made. He shall verify said statement by an affidavit as follows: I,..... Commissioner of Roads and Revenue of Steward 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 directly or indirectly whatsoever, nor have I personally profited or known of any illegal profit to any one whomsoever through any transaction of my office; so help me God. (Signed).....Commissioner. Sworn to and subscribed to before me, this the..... day of..... 19... Said statement shall be published in the official organ of the county, provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event one dollar per hundred words. If the commissioner cannot 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 in view of the general public, and post such statement thereon. Statement of receipts, expenditures, etc. Affidavit. Publication of statement. Sec. 17. Be it further enacted by the authority aforesaid, that it shall be unlawful for said commissioner to employ any person related to him within the third degree, either by blood or marriage, or to contract with such person or persons for any equipment, material, or supplies, or for any work to be done on the public roads, bridges, or other works of the county, except when bids are received for equipment, material, or supplies, or for work to be done on public roads, bridges, or other works of the county, upon full specifications and due advertisement in regard thereto, and a person related to the commissioner submits a bid and is the lowest bidder therefor. Posting of notice at the court-house 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.

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The commissioner shall have the right, however, to reject any and all bids; and it shall likewise be unlawful for said commissioner to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense, account, transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding any contract of 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 filed as hereinbefore provided for in this Act. Unlawful employment or contract. Advertisement for bids. Rejection of bids. Unlawful personal interest in transaction. Penalty. Sec. 18. Be it further enacted by the authority aforesaid, that no material for public roads, bridges, public buildings, or properties under control of said commissioner of the county shall be purchased except upon written specifications as to quality, and all such material or supplies must be suitable for the purpose intended, of good quality, and standards generally recognized for such purpose as to be used. Metal culverts, concrete culverts, steel bridges, timber bridges, and other road and bridge material shall be purchased upon written specifications embodying such standards as now or will be recognized by the Federal Bureau of Roads, or the State Highway Department of Georgia. All laws of Georgia as to competitive bidding for all such materials shall be strictly observed. Purchases. Sec. 19. Be it further enacted by the authority aforesaid, that said commissioner may receive contributions for the improvement of public roads, bridges, or public works of the county from any person who owns property adjacent thereto, or from any other person who may be interested in the improvement of same, or from the State Government, or from the United States Government, and such contributions when received, shall be used for the improvement of same as designated by the contributor; and said commissioner shall keep a book of accounts, which

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shall correctly show all such contributions, from whom received, and a correct disbursement of same, and he shall take and file receipts for all such disbursements, and he and his sureties on his official bond shall be liable to the ordinary of said county, for any misappropriation of any such funds, on said bond. Contributions for improvements. Sec. 20. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner, in all roads and bridge work done in said county, to keep always in view what will be to the greater good of the greatest number, and this policy shall be uniformly observed by said commissioner. Policy to be observed Sec. 21. Be it further enacted by the authority aforesaid, that said commissioner shall keep in constant touch with the office of the State Highway Department of Georgia and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office and familiarize himself with all bulletins and pamphlets bearing upon the subject of road building, and it shall be his duty at all times to entertain and discuss with such offices and officials, theories and methods of road-building. Co-operation with State and Federal officials. Sec. 22. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner to have the main streets and thoroughfares of the incorporated cities and towns of said county, which are continuous or extensions of public roads leading into or from said cities or towns, worked and kept in repair in the same manner as the public roads of said county are now worked and maintained outside of said cities or towns of said county. Work on city streets, etc. Sec. 23. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner to co-operate with the officials of the incorporated cities or towns within said county, in securing for said cities or towns appropriations from the State Highway Department of Georgia or the Federal Government of the United States, funds or material for the improvement of such streets or

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thoroughfares, as may be designated by said city or town officials, said commissioner, highway engineer or official of Georgia, or engineer or director of the Federal Bureau of Public Roads of the United States. Co-operation with municipal officials. Sec. 24. 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 commissioner, just as the public-road work of the county is now performed; provided that in event of a disagreement between the said municipal authorities and the said commissioner as to any matter pertaining to the said work herein provided for, the judgment or decision of the said commissioner shall be final and prevail in the premises. Municipal work under direction of commissioner. Sec. 25. 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, accounts, and warrants of said commissioner. Said accountant of bookkeeper shall have the power to examine upon oath said commissioner relative to any account, item, warrant, or transaction in connection with said commissioner's office. Said accountant or bookkeeper shall audit all books, accounts, vouchers, warrants and other records of said commissioner up to the first of April of the year following their appointment, and shall prepare an inventory of all property and material of said county on hand at that date, and make a report of their findings to the judge of superior court of said county, who shall submit the same to the grand jury at the first regular term of the superior court thereafter, which grand jury, in its discretion, may provide for the publication of said report in the official newspaper of the county or in pamphlet form. The grand jury appointing such accountant or bookkeeper shall prescribe the amount to be paid them for their services. Audit. Appointment of accountant by grand jury. Report; publication. Compensation. Sec. 26. Be it further enacted by the authority aforesaid, that it shall be the duty of the grand jury of said

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county to inquire into the official acts of said commissioner; and if any grand jury of Stewart County shall find by a majority vote thereof, that said commissioners 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 commissioner vacant; and if said second grand jury, by a majority vote thereof, concurs in the first grand jury's recommendation, then said office shall be, by the order of the judge of the superior court of said county, declared vacant, and thereupon the clerk of the superior court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. A deposed commissioner shall not have the right to be a candidate to succeed himself. The ordinary, upon a vacancy being declared as herein provided, shall discharge the duties of commissioner until a commissioner can be elected and qualified. Investigation by grand jury. Declaring office vacant. Election to fill vacancy. Ordinary to act temporarily. Sec. 27. Be it further enacted by the authority aforesaid, that it shall be the duty of the ordinary of Stewart County to act as clerk for said commissioner, keeping all records, books, and minutes of said commissioner's office, and display them or publish them as may be directed by said commissioner, for the information of the general public; and said ordinary shall receive as compensation $500.00 per annum, payable monthly, at the end of each calendar month, which monthly payment would be forty-one dollars and sixty-six and two thirds cents. Ordinary's duties as clerk of Commissioner. Compensation. Sec. 28. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destory the validity or the 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, or clause or part which may be held to be invalid. Act not invalidated by void part. Sec. 29. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 23, 1927. STEWART COUNTY TREASURER'S OFFICE ABOLISHED; DEPOSITORY, ETC. No. 320. An Act to abolish the office of County Treasurer of Stewart County, Georgia, to provide for appointment by the Commissioner of Roads and Revenue of one or more depositories for the funds of said county, to create the office of disbursing clerk of Stewart County for the purpose of receiving, keeping, and disbursing said county funds, to prescribe, the duties of said disbursing clerk, his qualifications, compensation, bond, and how appointed, to prescribe the duties of depositories, their bond and the means of securing the custody of said county funds by bids for daily balances, and to prescribe the duties of Commissioner of Roads and Revenues in applying 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 same, that from and after January 1st, 1929, the office of County Treasurer of Stewart County, Georgia, is hereby abolished, and said office shall cease to exist from and after aforesaid date. Abolition of treasurer's office. Sec. 2. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenue of Stewart County shall call for bids from the various banks of said county for the safekeeping of all funds of said county, now on hand or which may be collected or received in the

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name of said county during a prescribed time, which time may be named by said Commissioner of Roads and Revenue together with other specified limitations or requisitions as may be outlined in his call for bids, which shall be in writing. It shall be the duty of said commissioner to receive such bids at an open letting, said bids to be received in sealed form upon a date agreeable to all parties concerned, and opened in the office of said commissioner, for the purpose of naming a county depository. If there are no bids for such privileges from the banks of Stewart County, the Commissioner of Roads and Revenue may, in his discretion, ask for bids from other good and solvent banks within the State of Georgia, in the same manner as prescribed in this section for bids from banks of Stewart County, and said commissioner may name such a bank without the borders of Stewart County; provided the bids be for an interest to be paid to said county upon daily balances of money that said county may have to their credit. Said commissioner shall name such a bank as may bid the highest for keeping said balances the county depository, and in such a bank as may be named the county depository all funds or monies of said county shall be kept and there remain for a definite term known to all such banks bidding in open session for the safekeeping of said funds, unless for reasons arising during such specific term as would entail pecuniary loss to said county, or would in the discretion of said commissioner be hazardous to the interest of said county, then it would be the duty of said commissioner to cause to be removed from such a bank the county funds, and said commissioner call for bids from other banks for the purpose of naming a new depository, as prescribed for in this section. Bids from banks to keep county funds. Appointment of bank as depository. Sec. 3. Be it further enacted by the authority aforesaid, that on and after January 1st, 1929, the office of disbursing clerk of Stewart County is hereby created. The said disbursing clerk shall be appointed by the Commissioner of Roads and Revenue of Stewart county, his first term beginning January 1st, 1929, and running for one

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year or as long as said commissioner in his discretion may elect, provided the tenure of office does not exceed that of the commissioner himself; that said disbursing clerk shall not be akin to said commissioner closer than the third degree either by blood or marriage, and that said disbursing clerk shall not be an officer or employee of the bank serving as county depository. It shall be the duty of said disbursing clerk to give bond for the faithful performance of his duties in such office, in the amount of $10,000.00, in some good and solvent surety company operating within the State of Georgia, and the premium for said bond to be paid out of the general funds of Stewart County. Office of disbursing clerk created. Term. Disqualification. Bond. Sec. 4. Be it further enacted by the authority aforesaid, that it shall be the duty of said disbursing clerk to receive all funds now on hand or payable to Stewart County in the future, and to keep a correct record of same in well-bound books, which records must be kept in the office of Commissioner of Roads and Revenue as other records of this office are now kept and that said funds shall be deposited daily in the designated county depository, receipts taken therefor and filed in the office of Commissioner of Roads and Revenue, and that said receipts and records may be open to the general public of Stewart County for their information; that it shall be the duty of said disbursing clerk to issue all warrants and checks disbursing county funds, same to be signed by himself and countersigned by the Commissioner of Roads and Revenue; that it shall be the duty of said disbursing clerk to make such financial statements and as often as directed by the Commissioner of Roads and Revenue; that it shall be the duty of said disbursing clerk to perform all duties as heretofore imposed upon the treasurer of Stewart County, and that it shall be the duty of said disbursing clerk to make a statement, showing funds on hand and expended for county purposes, to the grand jury of each superior court held in Stewart County; and that he shall be held responsible, as all county treasurers are now held liable civilly or criminally, for any nonfeasance, misfeasance, or malfeasance in office; and that

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said Commissioner of Roads of Stewart County shall have the right to proceed against such disbursing clerk and his security or securities on bond, in the same manner as the ordinary may now proceed against the county treasurer and his securities on bond in case of nonfeasance, misfeasance, or malfeasance in office. Duties of disbursing clerk. Sec. 5. Be it further enacted by the authority aforesaid, that no bank designated as county depository shall receive any compensation for acting as such. Depository to act without pay. Sec. 6. Be it further enacted by the authority aforesaid, that no bank shall be qualified to act as county depository until it has given bond and good security for the faithful performance of the duties incumbent upon it as depository of county funds, and that said bond shall be assessed by the Commissioner of Roads and Revenue, and in no case to be for less than the funds entrusted to said county depository for safekeeping; and that it shall be the duty of said Commissioner of Roads and Revenue to increase the bond of said depository in the event the county funds may exceed the face value of said bond, and in default of said depository increasing said bond it shall become the duty of said Commissioner of Roads and Revenue to revoke the appointment of said bank as county depository, and to proceed as outlined in this Act to name another depository; that it shall be the duty of said depository to make bond to said county, payable to the ordinary of Stewart County, and that the premium upon said bond shall be borne by the bank named as depository. Bond of depository. Premium on bond. Sec. 7. Be it further enacted by the authority aforesaid, that it shall be the duty of any bank acting as depository for Stewart County to perform all duties essential to the proper conduct of the county's affairs, which may be legally required of said bank. Duties of bank. Sec. 8. Be it further enacted by the authority aforesaid, that a depository selected and appointed in accordance with the terms of this Act shall pay upon presentation, when in funds of the county aforesaid, all orders or warrants

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issued by the disbursing clerk and Commissioner of Roads and Revenue, whenever said warrants are issued and presented for payment at said depository. The responsibility for or the legality of such orders or warrants is placed upon the disbursing clerk and Commissioner of Roads and Revenue of said county, and every such warrant, before being honored by said depository, must bear the signature of both the disbursing clerk and Commissioner of Roads and Revenue. Same. Warrants. Sec. 9. Be it further enacted by the authority aforesaid, that upon the abolition of the office of county treasurer, January 1st, 1929, the county treasurer, then in his office, or completing his or her term of offices shall immediately deliver to the disbursing clerk and Commissioner of Roads and Revenue of Stewart County all county funds then on hand, and all records, books, and paper that may then be in said treasurer's possession. Transfer of funds, etc., by treasurer. Sec. 10. Be it further enacted by the authority aforesaid, that said depository may be subject to all rules and regulations as are outlined by said Commissioner of Roads and Revenue of Stewart County, where such ules and regulations may be for the facilitating in keeping the records more systematically. Depository subject to rules of commissioner. Sec. 11. Be it further enacted by the authority aforesaid, that the salary of the disbursing clerk shall in no case exceed $150.00 per annum, and may be named from time to time by the Commissioner of Roads and Revenue within this maximum, viz:, $150.00 per annum. The Commissioner of Roads and Revenue shall employ said disbursing clerk, and his salary shall be paid out of the general funds of Stewart County; however, if said disbursing clerk fails to perform such duties as outlined in this Act, he shall be removed from office by the Commissioner of Roads and Revenue, and only that part of his salary as may be due at the time of removal shall be due him, and this only to be paid to said disbursing clerk. In such an event as would occasion a vacancy in the office of disbursing clerk, said Commissioner

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of Roads and Revenue shall appoint a successor upon the same terms as outlined in the aforesaid sections. Salary of disbursing clerk. Sec. 12. Be it further enacted by the authority aforesaid, that should any provisions of section of this Act prove to be unconstitutional or invalid for any reason, that such section or provision of this Act will not affect or destroy the remaining portion thereof, but same shall remain in full force and effect. Act not invalidated by void part. Sec. 13. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 20, 1927. TALIAFERRO COMMISSIONERS' CHAIRMAN. No. 108. An Act to amend An Act to amend `An Act to create a Board of Commissioners of roads, public buildings, and public property and finances for the Counties of Warren and Taliaferro, and for other purposes,' approved February 12, 1877, by providing that the term of office of said commissioners for Taliaferro County shall be two years instead of four years, and that the term of office of the present Board of Commissioners of Taliaferro County shall expire on December 31, 1922, and that the number of said commissioners for Taliaferro County, on and after January 1, 1923, shall be three persons instead of five persons, and that the chairman of said Board of Commissioners for Taliaferro County shall draw a salary of six hundred dollars annually, and for other purposes, approved August 17, 1922, by striking from section 2 of said Act the words, and the chairman of said Board of County Commissioners for Taliaferro County shall be elected by said members of said board of county commissioners, and substituting in lieu thereof the words, and the chairman of said Board of County

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Commissioners of Taliaferro County shall be elected by a direct vote of the qualified voters of said county, after due announcement of the candidacy of such person for the office of such chairman. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, section 2 of the Act approved August 17, 1922, providing for a Board of County Commissioners for Taliaferro County (Georgia Laws 1922, pages 416-418) be and the same is hereby amended by striking from said section 2 of said Act the words and the chairman of said Board of County Commissioners for Taliaferro County shall be elected by said members of said board of county commissioners, and substituting in lieu thereof the words, and the chairman of said Board of County Commissioners of Taliaferro County shall be elected by the direct vote of the qualified voters of said county, after due announcement of the candidacy of such person for the office of such chairman. Election of chairman of board of commissioners by people. Sec. 2. Be it further enacted by the authority aforesaid, aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 2, 1927. TALIAFERRO SHERIFF; PATROL ACT REPEALED. No. 105. An Act to repeal 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,

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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 authority of the same, that the Act entitled 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 expenses 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, approved August 6, 1925, be and the same is hereby repealed. Repeal of patrol act. Sec. 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 2, 1927.

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TATTNALL COMMISSIONERS; REPEALING ACT. No. 199. An Act to repeal an Act to be found in the Acts of 1915, beginning on page 365, and approved July 31, 1915, creating a Board of Commissioners of Roads and Revenues for Tattnall County, and the several Acts amending the Acts referred to just above; one being the Act of 1919, to be found on page 744, and approved August 18, 1919; one being the Act of 1922, page 418, and approved August 15, 1922; one being the Act of 1922, on page 420, and 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 from and after the passage of this Act of the General Assembly of 1915, beginning on page 365 and approved July 31, 1915, establishing and creating a Board of Commissioners of Roads and Revenues, is hereby repealed, and all Acts amending this Act are hereby repealed, the same being the Act of 1919, beginning on page 744, and approved August 18, 1919, also the Act of 1922, beginning on page 418, and approved August 15, 1922, and also the Act of 1922, beginning on page 420, and approved August 15, 1922, are also repealed. Repeal of law creating board of commissioners. Sec. 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 15, 1927. TATTNALL COUNTY COMMISSIONERS. No. 266. An Act to create a Board of Commissioners of Roads and Revenues for the County of Tattnall; to provide for the election of members thereof by the qualified voters of

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said county; to provide for commissioners for said county until the first election under this law; to define their powers and duties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues of the County of Tattnall, to consist of four persons, is hereby created. Said commissioners shall be freeholders and qualified voters of said county, and of good moral character, and shall reside in the road district from which they are elected, which districts are to be defined later on in this Act. Said commissioners shall be men of good business qualities and experience. Board of commissioners created. Sec. 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act the said County of Tattnall shall be divided into four road districts, to be constituted as follows: The first road district shall be composed of the 351st, 1601st and 1761st Georgia Militia Districts; the second road district shall be composed of the 41st, 1376th, and 1645th Georgia Militia Districts; the third road district shall be composed of the 40th and the 1700th Georgia Militia Districts; and the fourth road district shall be composed of the 1432nd and 1710th Georgia Militia Districts. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, that at any time the county commissioners shall create a new militia district they shall have authority by a majority vote of their board to attach said new militia district, to any one of the three road districts. New districts. Sec. 4. Be it further enacted by the authority aforesaid, that the first election of county commissioners under this Act shall be held on the regular election day in November, 1928, and that the commissioners elected on that day shall go into office on January 1st, 1929, and serve for a term of four years, and that their successors shall be elected regularly on the November elections for term of four years each, and that all commissioners thus elected shall serve until their successors qualify. First election of commissioners. Term of office. Successors.

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Sec. 5. Be it further enacted by the authority aforesaid, that in the election of said commissioners, one for each road district is hereby prescribed. They shall each be elected by the qualified voters of said county. Said commissioner shall have lived in the road district he represents at least two years before his election as the commissioner from his road district. Commissioner from each district; two years' residence required. Sec. 6. Be it enacted by the authority aforesaid, that from September 1, 1927, until January 1, 1929, Ralph Holland shall be commissioner for the first road district, H. C. Beasley shall be commissioner of the second road district, J. T. Strickland shall be commissioner for the third road district, and W. A. Dubberly shall be commissioner for the fourth road district, with full authority to perform all the duties of the office of Commissioners of Roads and Revenues of Tattnall County. That upon all questions coming before said board and to be decided by a vote of the board, the chairman shall have a right to vote on all questions, and all questions shall be determined by a majority vote of those present and voting, and that said board shall never transact business without at least three members of said board being present. That upon all questions voted on by the board and the vote is equally divided, the same shall be considered as not carried. Names of first commissioners. Quorum. Vote of chairman. Sec. 7. Be it further enacted by the authority aforesaid, that the members of the board of commissioners shall be excempt from all jury duty during their term of office. Exemption from jury duty. Sec. 8. 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, he shall give a bond in the sum of ten thousand 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 the duties of said office. Bond. Sec. 9. Be it enacted, by the authority aforesaid, that should there be a vacancy from any cause in the office of any commissioner during his term of office under this Act,

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the judge of the superior court of said county shall at once appoint his successor to fill out his unexpired term, and he shall be appointed from the road district where the vacancy occurred. Vacancy. Sec. 10. Be it enacted by the authority aforesaid, that the said commissioners shall not expend one cent of money for any purpose without express law and authority for the same, and if they do they shall be guilty of a misdemeanor. Expenditure without express authority, unlawful Sec. 11. Be it further enacted by the authority aforesaid, that the said commissioners are hereby authorized and directed to pay to the proper officers the actual costs in the case where a misdemeanor convict is sentenced to the chain-gang of said county and serves his term upon said chain-gang in said county; provided, he is sentenced to said chain-gang for a period of four months or more, and if not thus sentenced they shall not pay said costs. Payment of costs in misdemeanor cases. Sec. 12. Be it enacted by the authority aforesaid, that said commissioners shall not pay out any money for any purpose except upon an itemized sworn account after it is examined and approved, and then it shall be filed away alphabetically, and all accounts paid at each monthly meeting shall be filed away together and indexed so any citizen can easily find said paid accounts, and said commissioners shall at once purchase proper files for the same; and that no account shall be paid at any time only at the regular monthly meeting, and said account shall be approved by a majority vote of the board, and the check or voucher for the same shall be signed by the chairman and clerk of the board. Accounts; prerequisites to payment. Sec. 13. Be it enacted by the authority aforesaid, that where the commissioners pay a regular monthly salary to any one for any purpose, it shall be unlawful for them to pay him anything else for incidentals or other expenses connected with his work, or any other work. Unlawful payments in excess of salary. Sec. 14. Be it enacted by the authority aforesaid, that no member of said board of commissioners shall hold

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any subordinate position under said board; that no member of any firm of which he may be a member, or any corporation in which he may own stock, or by which he may be employed, shall buy anything from or sell anything to, or perform any contract of service, either directly or indirectly, of any character whatever with said board; and if he does, he shall be guilty of a misdemeanor. Prohibited dealings. Commissioner not to hold subordinate position under board. Sec. 15. Be it enacted by the authority aforesaid, that members of the board of commissioners herein created shall receive as their compensation five dollars a day for each day of actual service; provided, that no commissioner shall be paid for more than sixty days' service during any one year, and that he shall spend as much as one day in each month in each militia district, looking after the roads and bridges of said district. The said commissioners shall elect a clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the court-house in said county; said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board; and he shall perform such other duties as may be assigned him by said board, and he shall keep all the books and records of his office in a neat, first-class and businesslike condition at all times. He shall receive compensation for all his duties as such clerk in the amount of seventy-five dollars a month, and this shall include his salary and all expenses connected with his duties. Said clerk shall not be a member of said board of commissioners. The said commissioners shall, at their first meeting, elect a chairman of said board from their own membership, who shall act as such chairman during the entire time of said board. Said commissioners, before entering upon their duties as such, shall take an oath before the ordinary for the faithful performance of their duties. Pay of members. Duties. Clerk; duties; salary. Chairman. Oath of members. Sec. 16. Be it enacted by the authority aforesaid, that the clerk of the county commissioners shall be the purchasing agent for said county for all things needed by the different departments of said county, and especially

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for all supplies for the convicts and feed for the mules and horses owned by said county, and for all machinery used by said county, and in fact for everything purchased by said county, and he shall at no time pay more than the fair market price for the same, and shall monthly at the regular meeting of the board report to the board all purchases made during the past month, and exhibit an itemized statement for the same, and it sworn to by the party from whom he purchased, and the same shall then be approved by the commissioners, if they find the same just, fair, correct, and reasonable; and this shall apply to all supplies for all county officers, including the judge and solicitor of the city court, but supplies for convicts and road-machine crews may be purchased by the man in charge of same in case of necessity. Clerk to be purchasing agent. Reports of purchases, etc. Sec. 17. Be it 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 property of the county, according to law; in levying taxes, according to law; in altering, establishing, or abolishing roads, bridges, and ferries, according to law; establishing, abolishing or changing election precincts or militia districts; in supervising tax-collectors' and tax-receivers' books, and allowing the insolvent list of said county; and they shall have the right to inspect or have inspected any officer and records of any county officer at any time, and they shall have the right to employ a competent man to do said work at a price not to exceed five dollars a day; 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 any money belonging to the county or appropriated for its use and benefit, and bring them to settlement; in controlling and managing the convicts of said county, according to law, in making rules and regulations for the support of the poor of the county, and for the promotion of health, and electing and appointing all minor officers of said county where election is not otherwise provided

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by law, such as superintendents and guards of convicts, or of chain-gangs, janitor of court-house, superintendent of the pauper farm, county physician and health officer, and other guards as needed and authorized by law; in regulating peddling, and to have and to exercise all the powers before 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 indispensable to their jurisdiction over all county matters and all county finances; and they shall have a right to use the convicts of said county in improving the school grounds of any public school in said county; and they shall select one bank in Reidsville to do the work formerly done by county treasurer, and said bank shall do said work without any compensation. Jurisdiction and powers of commissioners. Sec. 18. Be it enacted by authority aforesaid, that said board shall have the entire control and mangement of the convicts of said county sentenced to work on the public roads of said county, and may employ them upon the public roads and bridges or any other public work of said county. Said board shall have the right and power to hire, work, and control on the public works of said county such convicts from other counties of Georgia, as may be necessary in carrying on said public works in said county. The said county commissioners shall have authority at any regular meeting to establish a chain-gang in and for Tattnall County, and pass such rules and regulations for maintaining and carrying on the work of the same that they may deem right and proper. Convicts. Sec. 19. Be it enacted by the authority aforesaid, that said board shall hold at least one session on the first Monday in each month at the county-site and in the court-house, where the clerk of said board shall keep a regular office. At the request of a majority of the board, the chairman may at any time call an extra session. Written notice of such shall be served on each member. The board shall have the right to adjourn from day to day until they finish their business. No less than three members of said board shall pass any order on any subject-matter, and this

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shall be shown on the minutes by recorded yea and nay vote. The chairman shall vote on all measures before the board. Sessions. Minutes. Sec. 20. Be it enacted by the authority aforesaid, that said commissioners shall not neglect any public roads in said county, nor refuse to keep up a road that they have built, and they shall not build more roads in one section of the county than in another, and the work of the convicts and the road and bridge funds shall be justly and equitably distributed over the county. The said commissioners shall keep in good repair and passable at all times the rural-route roads of said county over which the mails are delivered. Roads, duties as to. Sec. 21. Be it enacted by the authority aforesaid, that the said commissioners shall have authority to employ a county attorney, who is a resident of Tattnall County, and they shall not pay him a salary of more than twenty-five dollars a month, and they may furnish him an office in the court-house. Attorney; salary. Sec. 22. Be it enacted by the authority aforesaid, that said commissioners in employing and paying the county physician, either for the pauper farm or the county jail, or for the county convicts, shall pay him only for the actual services rendered at the standard prices now charged by the physicians of Tattnall County. County physician. Sec. 23. Be it enacted by the authority aforesaid, that the clerk of the superior court shall on every first Monday report in writing to the county commissioners a true statement of all money that has been spent by the judge of the superior court or the judge of the city court, or by the clerk, in paying jurors or otherwise. Report of clerk of superior court, as to expenses. Sec. 24. Be it enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall meet in the court-house of said county on September 1, 1927, for the purpose of organizing said board under this Act, and shall elect the chairman of said board from among

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the members of said board, and shall elect a clerk of said board and fix his salary in an amount not exceeding the provisions of this Act, and may elect a county attorney under the terms of this Act, and shall elect a janitor for the court-house, and shall do all other things that are necessary to organize under the terms of this Act and put the same into effect. Organization meeting. Election of chairman, clerk, attorney, janitor. Sec. 25. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1927. TIFT COMMISSIONERS; AMENDING ACT. No. 302. 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; to fix the terms, duties, and compensation of the chairman; to prescribe a manner in which such chairman shall be selected; providing that the chairman shall act as purchasing agent for the county; providing for the selection of a clerk of the board, or clerical assistants in keeping its records, who shall not be a member of such board, and to fix his compensation; providing for the election of county commissioners from the designated districts by the vote of the parties at large; 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 approved August 9, 1917, entitled An Act to create a Board of Roads and Revenues in and for the County of Tift, etc., and the amendatory Act approved August 14, 1925, be and the same is hereby amended as follows: By striking from section 9 of the Act of 1917, the following: That at the first meeting of said board after

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the special election provided for, after the creation of this board and at the first meeting in January following the general election at which a new member or members shall have been elected, said board shall organize by electing one of their number chairman, and inserting in lieu thereof the following: That the present chairman of said board to wit, Honorable N. L. Coarsey, shall continue to act as chairman thereof until the first day of January, 1929; that at the December term, 1928, of Tift superior court, and at the same term of such court each two years thereafter, the grand jury of such court shall select a chairman of the board of commissioners to serve for a period of two years from the first day of January following such election; such chairman to be selected from the members of the board. That the chairman of the board shall be sole purchasing agent for the County of Tift, and no contracts for the payment of materials or supplies for any offices or departments of public work of said county shall be binding against the County of Tift if made by any other person than the chairman of the board of county commissioners, and such chairman shall devote his time to the duties of such office, and shall receive as compensation therefor the sum of one hundred and fifty dollars ($150.00) per month, so that such section as amended shall read as follows: Section 9. Be it further enacted, that the board of commissioners shall hold their regular session on the first Monday in each month in the court-house of said county, and may adjourn from day to day until their business is finished; and extra session may be held at any time on the call of the chairman of any two members of the board when in the judgment of the board the interest of the county demand it; that the present chairman of said board, to wit, Honorable N. L. Coarsey, shall continue to act as chairman thereof until the first day of January, 1929; that at the December term, 1928, of Tift superior court, and at the same term of such court each two years theafter, the grand jury of such court shall select a chairman of the board of commissioners to serve for a period of two years from the first day of January following such

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election; such chairman to be selected from the members of the board. That the chairman of the board shall be sole purchasing agent for the County of Tift, and no contracts for the payment of materials or supplies for any offices or departments of public work of said county shall be binding against the County of Tift if made by any other person than the chairman of the board of county commissioners, and such chairman shall receive as compensation thereof the sum of one hundred and fifty dollars ($150.00) per month. Said board may make such rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees, not inconsistent with this Act or the laws of this State. Said board shall keep correct minutes of its official acts and doings in a minute-book kept for such purpose, a book of receipts and disbursements, a general ledger, and a warrant-book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other disposition of the same, also a road register in which shall be kept a record of all the public roads of said county, particularly describing said roads, and shall make a record of all new roads which shall be hereafter granted in accordance with 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. Acts amended. Election of chairman of board. Term of office. Chairman to be purchasing agent. Contracts. Salary. To read. Sec. 2. Be it further enacted by the authority aforesaid, that section 1 of the Act approved August the 14th, 1925, amending section 12 of the Act approved August 9, 1917, be and the same is repealed. Repeal of sec. 1, Act of 1925. Sec. 3. Be it further enacted by the authority aforesaid, that section 12 of the Act of 1917 be amended by adding thereto the following: That such clerk shall not be a member of the board, and his compensation shall not exceed the sum of fifty dollars ($50.00) per month, so that when amended such Act will read as follows: Section 12. Be it further enacted, that said board shall elect a clerk for said board for a term of one year, and fix his salary.

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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, 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 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. That such clerk shall not be a member of the board, and his compensation shall not exceed the sum of fifty dollars ($50.00) per month. Clerk's salary. Sec. 4. Be it further enacted by the authority aforesaid, that section 2 of the Act of 1917 be and the same is hereby amended as follows: by striking from such section the following words, and that each commissioner shall be elected only by the qualified voters of the district of his residence, and substituting therefor the following: Such three members of the board shall be elected by the qualified voters of the entire county, and not by the qualified voters of the road districts in which they reside, so that when amended said Act will read as follows: Section 2. Be it further enacted, that the County of Tift shall be divided into three road districts, composed of the following militia districts of said county, to wit: district number one to be composed of the Tifton and Eldorado militia districts; district number two to be composed of the Chula, Brighton, and Brookfield militia districts; and district number three to be composed of the Ty Ty, Dosia, and Omega militia districts. That one of the three members of the Board of Commissioners of Roads and Revenues hereby created shall be a resident of each of said districts of said county; such three members of the board shall be elected by the qualified voters of the entire county, and not by the qualified voters of the road districts in which they reside; and that only one commissioner shall be elected

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from each district; and that if any commissioner shall move out of his district, his office shall become vacant and shall be filled in the same manner as hereinafter provided for filling vacancies occurring on account of death or resignation. Each commissioner elected by voters of entire county. To read. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. TIFT COUNTY TAX-COMMISSIONER. No. 202. An Act to abolish the office of tax-receiver and tax-collector of Tift County, Georgia; to create the office of county Tax-Commissioner of Tift County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receivers and tax-collectors, when the provisions of this Act become effective, shall be of full force and effect as to the County-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 Tift County, Georgia; to provide for the election of said County Tax-Commissioner, and the method of filing 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.

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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 offices of tax-receiver and tax-collector of Tift County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax-commissioner in lieu of collector and receiver. Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Tax-Commissioner of Tift County, Georgia, is hereby created in lieu of said abolished office, and the rights, duties, and liabilities of the said office of County Tax-Commissioner of Tift 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. Sec. 3. 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 4 years, begins Jan. 1, 1929. Sec. 4. 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, in the same manner, time, and place as clerks of the superior court are elected. Election. Sec. 5. Said tax-commissioner shall be commissioned and qualified as the clerks of the superior courts are. How commissioned, etc. Sec. 6. 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 Tift 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 accruing to said office for the time so appointed.

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(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 Tift 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 Tift 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 Tift 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 predecessors. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office for the time he serves. Same. Election of successor. Pro rata pay. Sec. 7. 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. Failure to elect. Sec. 8. 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 Tift County, Georgia, shall have full force and effect, and be collectible as issued. Collection of taxes. Sec. 9. Be it further enacted by the authority aforesaid, that all fees, commission, and all other compensation allowed to the tax-receiver and tax-collector of Tift 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 Tift County, Georgia. Fees, etc. Sec. 10. Be it further enacted by the authority aforesaid, that the compensation of the County Tax-Commissioner, of Tift County, Georgia, shall be a sum equal to sixty (60) per cent. of the fees, commission, and all other compensation accruing to the tax-receiver and tax-collector of Tift 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. Pay of tax-commissioner. Sec. 11. 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 out of the funds of Tift County, Georgia, as part of the expense of county government. Oath. Bond. Sec. 12. 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). Act not in validated by void part. 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 15, 1927.

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TOOMBS COMMISSIONERS; AMENDING ACT. No. 362. An Act to amend an Act approved August 17th, 1912, as amended by an Act approved August 7th, 1914, as amended by an Act approved August 19th, 1919, as amended by an Act approved August 15th, 1921, creating the Board of Commissioners of Roads and Revenues in and for the County of Toombs, by adding at the end of section 6 of the original Act, No person shall be eligible as a candidate for commissioner unless he shall file in writing with the clerk of the county commissioners of said county his intention to run ten days before said election, and on failure to qualify as above set out makes him ineligible if elected to hold said office; and by striking from section 6 of the original Act the following: and shall receive annually one hundred dollars each as their compensation for their said services as said commissioners, and adding in lieu thereof the following: And shall receive annually two hundred and forty dollars each (except the chairman, who shall receive three hundred dollars) as their compensation for their said services as said commissioners; by striking all of paragraph 2 of said original Act as amended by paragraph 2 of Act approved August 19th, 1919, and adding in lieu thereof the following: Be it enacted by the authority aforesaid, that for the purpose of this Act the County of Toombs shall be divided into five commissioners' districts, to be constituted as follows, to wit: the first commissioner's district shall be composed of Vidalia, the 51st Militia District, and Normantown, the 1715th Militia District; the second commissioner's district shall be composed of Lyons, the 1536th Militia District; the third commissioner's district shall be composed of Cedar Crossing, the 43rd Militia District, and McNabb, the 1521st Militia District; the fourth commissioner's district shall be composed of Blue Ridge, the 1192nd Militia District, and Ohoopee, the 1770th Militia District; and the fifth commissioner's district

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shall be composed of Spring Head, the 39th Militia District, and Sawdust, the 1403rd Militia District. The commissioners aforesaid shall have authority, by a majority vote of said board, to attach any new militia district that may be created to any one of the five commissioner's districts. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the act approved August 17th, 1912, as amended by an Act approved August 7th, 1914, as amended by an Act approved August 19th, 1919, as amended by an Act approved August 15th, 1921, creating the Board of Commissioners of Roads and Revenues in and for the County of Toombs, be amended by adding at the end of section 6 of the original act the following: No person shall be eligible as a candidate for commissioner unless he shall file in writing with the clerk of the county commissioners of said county his intention to run ten days before said election, and on failure to qualify as above set out makes him ineligible if elected to hold said office; and by striking from section 6 of the original act the following, and shall receive annually one hundred dollars each as their compensation for their said services as said commissioners, and adding in lieu thereof the following: and shall receive annually two hundred and forty dollars each (except the chairman, who shall receive three hundred dollars) as their compensation for their said services as said commissioners; so that said section 6 of said original act when so amended shall read as follows: Be it further enacted by the authority aforesaid, that said commissioners shall be elected, qualified, and commissioned as other county officers, and shall receive annually two hundred and forty dollars each (except the chairman, who shall receive three hundred dollars) as their compensation for their said services as said commissioners. Said amount to be paid monthly out of the road funds of said County of Toombs. Said amounts when so paid shall be in full for every service rendered by them as said commissioners in and for said county, for and during the said

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terms of their office. The said amounts shall also include all expenses of every kind and nature incurred by them while attending to the business of said County of Toombs. Three of said commissioners shall constitute a quorum, and must concur to pass any order or let any contract, pledge the county credit, grant or allow any claim or charge against the county. No person shall be eligible as a candidate for commissioner unless he shall file in writing with the clerk of the county commissioners of said county his intention to run ten days before said election, and on failure to qualify as above set out makes him ineligible if elected to hold said office. Candidate for commissioner must file 10-days notice of intention to run. Pay of commissioners and chairman. Sec. 2. Be it further enacted by the authority aforesaid, that the act approved August 17th, 1912, as amended by an Act approved August 7th, 1914, as amended by an Act approved August 19th, 1919, as amended by an Act approved August 15th, 1921, creating the Board of Commissioners of Roads and Revenues in and for the County of Toombs, be amended by striking paragraph 2 of the original act, as amended by paragraph 2 of act approved August 19th, 1919, and adding in lieu thereof the following: Be it enacted by the authority aforesaid, that for the purpose of this Act the County of Toombs shall be divided into five commissioner's districts, to be constituted as follows, to wit: the first commissioner's district shall be composed of Vidalia, the 51st Militia District, and Normantown, the 1715th Militia District; the second commissioner's district shall be composed of Lyons, the 1536th Militia District; the third commissioner's district shall be composed of Cedar Crossing, the 43rd Militia District, and McNabb, the 1521st Militia District; the fourth commissioner's district shall be composed of Blue Ridge, the 1102nd Militia District, and Ohoopee, the 1770th Militia District; and the fifth commissioner's district shall be composed of Spring Head, the 39th Militia District, and Sawdust, the 1403rd Militia District. The commissioners aforesaid shall have authority, by a majority vote of said board, to attach any new militia district that may be created to any one of the

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five commissioner's districts. So that said section 2 of said Act when amended shall read as follows: Be it enacted by the authority aforesaid, that for the purpose of this Act the County of Toombs shall be divided into five commissioner's districts, to be constituted as follows, to wit: the first commissioner's district shall be composed of Vidalia, the 51st Militia District, and Normantown, the 1715th Militia District; the second commissioner's district shall be composed, of Lyons, the 1536th Militia District; the third commissioner's district shall be composed of Cedar Crossing, the 43rd Militia District, and McNabb, the 1521st Militia District; the fourth commissioner's district shall be composed of Blue Ridge, the 1192nd Militia District, and Ohoopee, the 1770th Militia District; and the fifth commissioner's district shall be composed of Spring Head, the 39th Militia District, and Sawdust, the 1403rd Militia District. The commissioners aforesaid shall have authority, by a majority vote of said board, to attach any new militia district that may be created to any one of the five districts. Commissioners' districts. New districts. 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 21, 1927. TOWNS COUNTY DISTRICTS EXEMPT FROM FENCE AND STOCK LAW. No. 223. An Act to exempt the 918, 990th, and 1468th militia districts of Towns County, Georgia, from the operation of the provisions of section 2037, volume 1 of the Code of Georgia, in so far as relates to district-line fences and gates across public roads; to authorize the impounding of trespassing stock in said districts, and their sale; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the provisions of section 2037, volume 1 of the Code of Georgia, relating to elections in militia districts, shall not apply to either the 918, 990th or the 1468th militia districts of Towns County, Georgia, in so far as same relates to the erection and maintenance of district-line fences, and gates across public roads. Exemption of three districts from 2037 of Civil Code, as to fence elections. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act it shall be unlawful for any stock to run at large, or trespass upon any property lying, situated, and being in either of the three militia districts aforesaid; and it shall be lawful to impound, advertise, and sell any trespassing stock in said district as now provided by law. Stock law. Sec. 3. 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 15, 1927. TOWNS COUNTY TREASURER'S OFFICE. No. 197. An Act to repeal An Act to abolish the office of treasurer of Towns County, Georgia, and to re-establish the office of treasurer of Towns County, Georgia, as now provided by the law. Section 1. 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, 1928, bill number two hundred eighty-four (284) of the Acts of 1919, approved August 18th, 1919, being An Act to abolish the county treasurer of Towns County, Georgia, and to provide for the deposit of the funds of said county; for the

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care in paying out of all county funds; and for other purposes, be and the same is hereby repealed. Office of treasurer reestablished. Sec. 2. That from and after January 1st, 1928, the office of county treasurer of Towns County, Georgia, be and the same is hereby re-established as now provided by law. Effective Jan. 1, 1928. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. TROUP COUNTY TAX-COMMISSIONER. No. 333. An Act to consolidate the offices and duties of tax-receiver and tax-collector of Troup 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 vancancy 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

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and the tax-collector of Troup 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 officers shall be known and designated as Troup County Tax Commissioner. Tax-commissioner in lieu of collector and receiver. Sec. 2. That said tax-commissioner shall hold office for a term of four years, the first term beginning January 1, 1929, and ending December 31, 1932. Term of office. 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, 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 tax-receiver and tax-collectors are. How commissioned. 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 Troup 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 tax-receiver and tax-collector, and shall receive the pro rata part of the compensation accruing to said office of 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 Troup 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 Troup 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

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the ordinary shall give notice of the date of said election by publication thereof in a public gazette published in Troup 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 so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office of 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. Failure to elect. 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. I swear that I will truly and faithfully perform the duties of County Tax-Commissioner of Troup 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 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

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half of the State tax estimated to be due from Troup County for the year for which said officer is required to give 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-collectors for State taxes are not conditioned. Bonds. (b) Bond and security, payable to the Board of Commissioners of Roads and Revenues of Troup 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. 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 Troup 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 Troup 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 privileges of said two offices and officers, except compensation. Duties. Sec. 9. The commissions now fixed and allowed by law to the tax-receiver and tax-collector of Troup County, Georgia, for the return and collection of county and school taxes, shall, on and after January 1, 1929, be abolished and no longer charged or allowed. Commissions abolished. Sec. 10. That said tax-commissioner shall receive and be paid, as full compensation for all duties performed by

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him as receiver and collector of State, county, school, district, and any and all other taxes, including professional, poll, and special taxes, a fixed salary of $6,500.00 per annum, to be paid in monthly installments of $541.66 each; and said tax-commissioner, out of said salary is to pay for whatever clerical help that may be necessary for him to have to perform the duties of this office. Said salary to be paid by the Commissioners of Roads and Revenues from the funds in the county treasury, raised by taxation, as provided in section 11 of this Act. Salary, $6,500. to include help. Sec. 11. The Board of Commissioners of Troup County are hereby authorized and empowered, for and in behalf of Troup County, to levy and collect a tax on all taxable property in Troup County, Georgia, sufficient to pay said salary of said tax-commissioner. Tax to pay salary. Sec. 12. Said tax-commissioner shall have an office in the court-house, which said office shall be kept opened at all times except Sundays and legal holidays. Office; open when. Sec. 13. That all fees, commissions, percentages, and allowances now paid by the State of Georgia to the tax-receiver and tax-collector for receiving and collecting the State taxes shall be by said commissioner collected and paid over to the treasurer of Troup County or to the bank, the Board of Commissioners of Troup County shall designate as a depository for county funds; also all fees and costs now allowed by law to the tax-collector for issuing fi. fas. against delinquent taxpayers shall be by said tax-commissioner collected and paid over to the treasurer of Troup County or the bank designated as a depository for county funds. Fees, disposition of. Sec. 14. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927.

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TROUP TREASURER'S OFFICE ABOLISHED; DEPOSITORIES. No. 339. An Act to abolish the office of county treasurer of Troup County, and provide for the designation of 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 January, 1929, the office of county treasurer of Troup County be and the same is hereby abolished. Office of treasurer abolished. Sec. 2. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues shall designate legally chartered banks located in said county as depositories, to become effective on the first day of January, 1929, and to make contract with said banks for the payment of interest on monthly balances or deposits, and that the same be entered upon the minutes of said board of commissioners aforesaid. Depositories. 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 Revenue. Deposits. 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 monies coming into the county funds 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. Meaning of county funds.

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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 it by said county authorities, in such sums as they may deem reasonable and just as will protect the county against loss. Bond of depository. Sec. 6. Be it further enacted by the authority aforesaid, that no warrants drawn on such county depositories shall be honored or paid by it except as such as are now authorized to be paid by the treasurer of said County of Troup. 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 month, or oftener if required by said authorities, showing the amount of funds on hand and return all warrants; but this section shall not be construed to prohibit such banks from rendering the said county authorities their usual and customary statements. Reports by depositories. Sec. 8. Be it further enacted by the authority aforesaid, that upon and after the designation of said county depositories and when it has taken charge of said funds as set out in the preceding 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 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 said county depositories shall cease to be depositories for county funds from any cause whatever, then in that event all funds belonging to the county, together

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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. Deposits by officers. Sec. 9. Be it further enacted by the authority aforesaid, that said depositories and disbursing agent as provided for in this Act shall be liable both civilly and criminally, just as county treasurers are liable for any nonfeasance or malfeasance of duty, and that said county authorities shall have the right to proceed against said depositories or the securities on their bonds, as said treasurer may now be proceeded against in the case of nonfeasance or malfeasance in the conduct of the affairs of his office. Liability of depositories, etc. Sec. 10. Be it further enacted by the authorities aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927. TURNER COUNTY COMMISSIONERS; REFERENDUM. No. 273. An Act to create a Board of Commissioners of Roads and Revenues for the County of Turner; to provide for the election of the members of said board; to provide for the compensation of the members of said board; to define the powers and duties of said board; to provide for a clerk of said board; to provide for the compensation of said clerk of the board; to define the duties of said clerk; to provide for the election by said board of an attorney for said board, and his compensation; to provide for the filling of vacancies of said board; to provide for the term of office of the members of said board; to provide for the election by the board of a superintendent

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of roads and bridges who shall be in sole charge of the building, construction, and repair of the roads and bridges of Turner County, subject to the directory control of the board as represented by its orders issued at regular or call meetings of such board; to provide for the compensation of such superintendent, and to prescribe his duties, if elected or employed; to prescribe the jurisdiction of said board; to provide the method of election of the members of the board; to prescribe a date when the provisions of this bill shall become effective, and to prescribe a different date when the provisions of this bill may become effective; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that 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 freeholders, qualified voters of said county, and resident of said county for a period of two years. Creation of board of commissioners. Sec. 2. Be it further enacted by the authority aforesaid, that if on or before the 19th day of October, 1927, there shall be filed with the ordinary of Turner County, Georgia, a petition signed by at least one third of the qualified voters of said county, requesting said ordinary to call and order a special election to be held on the 23rd day of November, 1927, to decide the question of whether the provisions of this Act shall become operative and effective on January 1, 1928, on January 1, 1929, then and in that event it shall be the duty of the ordinary of Turner County, Georgia, to call and order a special election to be held on the 23rd day of November, 1927, 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 1, 1928, or on January 1, 1929, at which election ballots shall be used having on such ballots these words, For Commissioners

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1928, and Against Commissioners 1928, 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, Georgia, and the result of such election then and there declared by such ordinary, shall be For Commissioners 1928, then and in that event it shall become the duty of the ordinary of Turner County, Georgia, to call and order a special election to be held on the 28th day of December, 1927, at which election, to be held in the manner that elections for county officers are now held, the qualified voters of Turner County shall elect three Commissioners of Roads and Revenues for the County of Turner, whose terms of office shall be for a period of one year, that is to say, for the year 1928, and the provisions of this Act shall become operative as of January 1, 1928, and such three commissioners so elected shall qualify and assume their duties on January 1, 1928. If no petition signed by at least one third of the registered qualified voters of Turner County is filed with the ordinary of said county, requesting the call of the special election herein provided for, or if the result of such special election, if called, shall be Against Commissioners 1928, then and in that event there shall be no election for commissioners on December 28, 1927, and the provisions of this Act shall not become operative as of January 1st, 1928, but the provisions of this act shall become operative as of January 1, 1929, and at the general election in 1928, and at each general election every two years thereafter, three Commissioners of Roads and Revenues for the County of Turner, shall be elected, whose terms of office shall be for two years each, and they shall qualify and assume their duties as such commissioners on the first day of January after such general election and hold office for a term of two years, or until their successors shall be elected and qualified. Referendum. Election in 1927. Terms of office. Election in 1928. Terms of office. Sec. 3. Be it further enacted by the authority aforesaid, that should a vacancy from death, resignation, removal from county or otherwise, occur on said board of

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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. Vacancy. Sec. 4. 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 his minutes, and the fee 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 bond shall be for the faithful performance of the duties of the office, and may be sued on by the ordinary on his own motion or by direction of the grand jury, and any commissioner and his sureties shall be liable for any breach thereof by way of malfeasance in office of for any neglect of duty. Bond. Oath. Sec. 5. 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, 1928, at ten o'clock a. m., or on the first Monday in January, 1929, if no commissioners are elected in 1927, 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 conditions of the county. At this meeting on the first Monday in January, 1928, or on the first Monday in January, 1929, or as soon thereafter as practical, the board

Page 706

of commissioners shall organize by electing one of the members as a chairman, one as a vice-chairman, and every two 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 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 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. Delivery of books, etc., by ordinary. Organization of board. Chairman, vice-chairman. Chairman's duties and powers. Sec. 6. Be it further enacted by the authority aforesaid, that the salaries to be received by the commissioners shall be $5.00 per day each, but no commissioner shall receive pay for more than sixty-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. Pay of commissioners. Sec. 7. 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, 1928, or on the first Monday in January, 1929, if no commissioners are elected in 1927, or as soon thereafter as practical,

Page 707

and every two 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 bond of said commissioners. The board of commissioners shall cause the clerk to keep proper and accurate books of minutes wherein shall appear all acts, orders, and proceedings of the board, and shall also cause him to keep full and accurate books of accounts wherein shall appear in detail all orders, warrants, and other proceedings drawn by the board of commissioners on the county treasury or depository, for what purpose and on what fund; and all such orders 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 taxpayer of the county or of any other person interested in the same. The clerk shall also keep a book of inventory of all county property, including road machinery, live-stock, chain-gang outfits, road-working tools, and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year; and the clerk shall keep such other books and records as may be necessary, or as the board may order, and shall perform generally all and singular the acts and duties necessary to be performed by him as such clerk, and such other duties as said board of commissioners may require. Said board may discharge said clerk any time and elect a successor. Clerk. Bond of clerk. Duties, Records. Discharge of clerk.

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Sec. 8. Be it further enacted by 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 commissioners and subject to inspection by the grand jury, or other interested citizens. Said clerk and the chain-gang warden or the county superintendent, if one be had, 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 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 beore payment thereof is made, except that

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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. Purchases. Audit. Warrants. Sec. 9. Be it further enacted by authority aforesaid, that said board of commissioners may, at their discretion and when they deem necessary, elect a superintendent of roads and bridges, to be selected on account of his efficiency and knowledge and skill in practical road-building. 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, etc. Convict warden. Duties. Salary. Sec. 10. Be it further enacted by authority aforesaid, that the board of commissioners shall have the books and accounts of the tax-commissioner, 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. And

Page 710

intelligent statement of each audit showing the financial condition of the county, its receipts and disbursements, shall be published by the commissioners, in the official organ of the county, if satisfactory prices therefor can be made for such publication; if not, then in some newspaper having a general circulation in the county, that the citizens and taxpayers 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. Audit. Sec. 11. 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 road, 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 or 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

Page 711

to law; in making rules, regulations, and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and 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 provided for by law, such warden, superintendent, and guards of convicts and chain-gang, janitor of the court-house, superintendent of pauper farms, should one be established, county physician and health officer, tax 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 may now or hereafter be adopted or enforced by law in said county. Jurisdiction and powers of board. Minor officials; election or appointment. Attorney. Convicts.

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Sec. 12. 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 for improvements. Sec. 13. Be it further enacted by the authority aforesaid, that is 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 the Penal Code of Georgia, 1910, and shall forfeit his office or be discharged from employment. Unlawful private interest. Graft. Penalty. Sec. 14. Be it further enacted by the authority aforesaid, that the chairman and one other member of said board, or, in the absence of the chairman, the vice-chairman and one other member of 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

Page 713

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. Minutes. Sec. 15. 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 18, 1927. TWIGGS COUNTY COMMISSIONER AND CLERK; REFERENDUM. No. 176. An Act to create the office of Commissioner of Roads and Revenues in and for the County of Twiggs, State of Georgia; to provide the manner of his election, his qualifications; to define his powers, his duties, and his compensation; to provide for the supervision of his books and the auditing of the same; to provide for a clerk for said commissioner; to define the duties and qualifications of the clerk; to provide for his compensation and the manner of his selection; to provide for the filling of the vacancy, in the event a vacancy in the office of Commissioner of Roads and Revenues or clerk of said board occurs; to repeal all Acts creating a Board of Commissioners of Roads and Revenues in and for Twiggs County, Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: That from and after the 1st of January, 1929, the county affairs of Twiggs County, Georgia, shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues in and for the County of Twiggs, State of Georgia, is hereby created. Commissioner of Roads and Revenues; office created.

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Sec. 2. That an election shall be held in Twiggs County, Georgia, at the same time and place and under the same rules and regulations as the election for county officers is held in the year 1928 for the election of a Commissioner of Roads and Revenues, and that the candidate receiving the highest number of votes at said election shall be so declared and qualified as the Commissioner of Roads and Revenues in and for the County of Twiggs, State of Georgia, for the ensuing term. Election of Commissioner. Sec. 3. That the term of office of Commissioner of Roads and Revenues shall be for a term of four (4) years and until his successor is elected and qualified, the first term under the provision of this Act beginning on the 1st day of January, 1929; and that an election shall be held every four years at the same time and places and under the same rules and regulations as the election of county officers for Twiggs County, Georgia, is held, for the election of a Commissioner of Roads and Revenues for the succeeding term of four years. Term of office. Sec. 4. That in the event a vacancy occurs in the office of Commissioner of Roads and Revenues by death, resignation, removal, or otherwise, the vacancy shall be filled, until a successor is elected and qualified, by the ordinary of Twiggs County, Georgia. The selection by said ordinary of such person to fill said vacancy shall be made without regard to political considerations, and purely on account of the fitness of the person so selected to serve; the person thus selected to serve shall so serve until his successor is elected and qualified. Vacancy. Sec. 5. That it shall be the duty of said ordinary of Twiggs County, Georgia, upon a vacancy occurring in the office of Commissioner of Roads and Revenues, to call an election to be held in the county at the regular voting precincts, and as elections are held for county officers and under the same rules and regulations, to elect a Commissioner of Roads and Revenues to fill the vacancy, the election to be held not earlier than thirty (30) days after the

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vacancy occurs. The ordinary shall have notice of such election published twice in the newspaper in the said county in which sheriff's sales are published. Provided, that in the event a vacancy in the office of Commissioner of Roads and Revenues should occur within six months of the next succeeding general election for the election of county officers in said county, no special election shall be called, but the commissioner appointed by the ordinary in the manner pointed out and provided in section 4 of this Act shall serve until said general election, at which time a commissioner shall be elected. And the said commissioner appointed by the ordinary shall fill out the unexpired term of the said commissioner vacating by death, removal, or otherwise, until the beginning of the next regular term. Election to fill vacancy. Sec. 6. That all expenses of holding the special election provided for in section 5 of this Act, including advertising of the notice, the compensation of election managers, printing tickets, and the consolidation of the returns shall be paid out of the county treasury. Expense of election. Sec. 7. Said Commissioners of Roads and Revenues shall be a resident of Twiggs County, Georgia, at least two years next preceding the date of his election, and shall be a freeholder of said County of Twiggs, and qualified to vote for members of the General Assembly of Georgia. And that during his said term of office he shall be exempt from road, militia, and jury duty. Qualifications. Sec. 8. That, except as otherwise provided in this Act, the Commissioner of Roads and Revenues of said County of Twiggs shall have such control of the county affairs generally as is now conferred upon the County Board of Commissioners of said county, and to have and exercise all of the powers as would be vested in the ordinary of Twiggs County, Georgia, when sitting for county purposes, in the absence of this act or in the absence of a County Board of Commissioners of Roads and Revenues. Said Commissioner of Roads and Revenues shall have exclusive jurisdiction and control over the following matters, to wit: In

Page 716

directing and controlling all of the property of the county as he may deem expedient and to the best interest of the county, and in accordance with the laws of the State; in levying taxes in accordance with the laws of this State; in establishing, changing, and abolishing roads, bridges, and ferries, according to law; in establishing, changing, and abolishing election precincts and militia districts; in supervising the tax-collector's and tax-receiver's books, in allowing the insolvent list of the County of Twiggs; in allowing and settling all charges, claims, and demands against the said County of Twiggs; in examining and auditing all claims and accounts of officers having the care, keeping, and collection or disbursing any money belonging to the County of Twiggs or appropriated for its use and benefit, and in bringing all such officers to settlement; in making rules and regulations for the promotion of public health; in electing or appointing all minor officers of said county where an election is not otherwise provided by law or the provisions of this Act; and to have and exercise control and management over the convicts of said county, according to law; to have and to exercise control and management over all employees of said county engaged in the construction, building, and maintenance of the public roads of said county, and to exercise control, management, and supervision of the county road machinery and road equipment. Powers, jurisdiction. Sec. 9. The Commissioner of Roads and Revenues shall appoint a clerk, who shall be a person of good moral character and a person of good business ability and able to keep correct books, and whose compensation shall not be less than seventy-five dollars ($75.00) nor more than eighty-five dollars ($85.00), and shall be hired for such term or time as said Commissioner of Roads and Revenues sees fit and proper; said salary to be paid out of the funds of said county. It shall be the duty of said clerk to keep the minutes and records of all proceedings of said commissioner, and to discharge such other and further duties in connection with said office as said commissioner may require. It

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shall be the duty of the said clerk to be the bookkeeper for said commissioner, and he shall do such other clerical work as shall be necessary in carrying on the work of said office. Said clerk shall attend all hearings or meeting of the said commissioner, and keep a full, clear, and complete report of said office, to record all proceedings, to keep on file and preserve all papers relating to said office. Said clerk shall also keep a book known as the Property Book, and a book to be known as the Book of Commutation Taxpayers of said county, all of which shall be open to public inspection at any time. Said clerk shall also keep a book known as the Record of County Vouchers, and a book commonly known as the County Cash Book; all of which shall be open at all times to public inspection. The said clerk, before entering upon the discharge of his said duties, shall take a similar oath to that herein prescribed for the Commissioner of Roads and Revenues, which shall be recorded upon the minutes kept by said commissioner, and the said clerk shall furthermore, before entering upon the discharge of his said duties of said office, give bond and good security in some approved surety company, the premium upon said bond to be paid out of the county treasury of Twiggs County, said bond to be in the penal sum of three thousand dollars ($3,000.00), to be approved by the ordinary of said county, payable to the Commissioner of Roads and Revenues of said county and his successor in office; which said bond when so executed and approved shall be by the ordinary of said County of Twiggs recorded in his record of official bonds kept by him in his said office. Clerk. Salary. Duties. Books. Oath. Bond. Sec. 10. It shall be the duty of the Commissioner of Roads and Revenues of Twiggs County, Georgia, to plan, lay out, superintend, and construct all public roads and bridges; and to this end he is authorized to procure the services of competent engineers and experts in any project, where the same may be necessary in his judgment; provided that this Act shall not be construed so as to prevent the contracting of such improvements after a compliance

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with the laws applicable to such cases. In the laying out and construction of roads and bridges and in the working and improvement of the roads and bridges of the county, the commissioner shall be controlled by the general best interest of the county, and shall far as practicable, work out a system of rotating the road machinery and equipment of said county among the different roads of the different militia districts of the said county until the public roads in all of the militia districts of said county shall receive their proportionate share of work; it being the spirit and purpose and intent of this said paragraph of this Act to maintain a just and fair and equitable distribution of road work annually to all of the districts of said county. Roads and bridges. Engineers and experts. Rotation of road work. Sec. 11. The Commissioner of Roads and Revenues shall have the right and power, to purchase such provisions, supplies, machinery, stock, equipment, repairs for machinery, and all necessary articles, equipment, and things of all classes and description, kinds, and character necessary and proper for the carrying out of the work or business of the county; but it shall be unlawful and a misdemeanor for him to have any financial interest in any article so purchased, or in any contract or project entered into by him for said county. Purchases by Commissioner. Unlawful financial interest. Sec. 12. All payments for provisions, supplies, machinery, stock, equipment, labor, contract or otherwise, shall be by voucher drawn by the clerk, and each voucher shall have written or printed thereon its numerical number, to whom payable, for what payable, the amount thereof and upon what fund drawing; and an accurate stub of every voucher shall be kept in regular consecutive order, correct by dates, for every purchase or expenditure of commissioner, which shall be preserved in permanent form and subject to inspection at all times by a person interested. Payments. Sec. 13. All paid vouchers shall be preserved and arranged and kept by the clerk in consecutive order, those of each month kept in separate packages, and shall present the same to the grand jury of the county when they shall require it in pursuance of section 20 of this Act. Vouchers.

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Sec. 14. It shall be the duty of the Commissioner of Roads and Revenues to keep an office at the court-house in Twiggs County for himself and his clerk. It shall be the duty of the clerk to keep the office open each working day of the week during reasonable office hours, and shall record all information and complaints pertaining to county matters, for the information of the commissioner. It is further enacted by the authority aforesaid, that the said commissioner, together with his said clerk, shall be in his office on the 1st Tuesday in each and every month, for the transaction of the public interests of the county, for the hearing of applications and complaints, and for such other purposes as may come legitimately within his jurisdiction. He may by special appointment fix and have other days in his office for such purposes, when the pressure of business requires it; but nothing herein shall be construed to dispense with the regular day fixed on the 1st Tuesday in each month. It shall be his duty to give his entire time to the personal supervision and direction of the county affairs. Office at court-house open when. Sec. 15. That the Commissioner of Roads and Revenues of said County of Twiggs, before entering upon the duties of his said office, shall take oath before the ordinary of said County of Twiggs, to faithfully, fairly and impartially discharge all the duties devolving upon him as commissioner of said County of Twiggs, and shall give bond with some good and solvent surety company, suable in said county, as surety, in the sum of twenty thousand dollars ($20,000.00) payable to the ordinary of Twiggs County, Georgia, and his successors in office, for the use and benefit of Twiggs County, conditioned for the faithful discharge of all the duties of his office, and for the faithful accounting of all monies coming into his hands, belonging to said county; and provided that the premium on the said bond be paid out of the county treasury; said bond to be approved by the ordinary of Twiggs County, Georgia, and the said bond when so executed and approved shall be by the ordinary of said county recorded in his record of official bonds kept by him in his office. Oath of Commissioner. Bond.

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Sec. 16. Said Commissioner of Roads and Revenues of said county shall receive as compensation for his said services the sum of two hundred ($200.00) per month, payable out of the county treasury on the 1st Tuesday in each and every month. Salary of Commissioner. Sec. 17. It is further enacted by the authority aforesaid, that it shall be unlawful for any candidate for the office of Commissioner of Roads and Revenues to enter into any agreement with any person, firm, or corporation for the disposal or contracting of any work or the purchase of any supplies, equipment, or machinery or other things; and it shall be unlawful to enter into any agreement, direct or indirect, or any understanding with any person, for the appointment or employment of such person, or other person, as clerk to said commissioner in the event of his election, or any overseer, or other position with the county. Any person guilty of such conduct shall be punished as for a misdemeanor, and if elected commissioner shall be subject to impeachment and removal from office. Unlawful promise by candidate. Penalty. Sec. 18. It shall be the duty of the Commissioner of Roads and Revenues of said county to provide suitable permanent books wherein a record shall be kept of his acts, all contracts and purchases, all permanent improvements, repairs, or additions, all expenses and expenditures, together with the dates and amounts, and for what paid, the persons to whom paid, and a complete detailed account of every transaction where any money is paid or contracted to be paid out of the county funds. It shall be the duty of said commissioner to make daily reports of such matters, and it shall be the duty of the clerk to accurately enter upon the books of said office the full and complete details of every transaction in chronological order. It is further enacted by the authority aforesaid, that each county warrant issued in payment of any bill, obligation, account, or debt of said county shall not be a valid and binding order on the treasury of said county unless counter-signed by the clerk of said commissioner, when signed by the said commissioner. Records, accounts. Reports. Warrants.

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Sec. 19. It shall be the duty of the grand jury, at the first regular session thereof each year, to provide for a competent auditor to audit the books and accounts of the Commissioner of Roads and Revenues and his said clerk, and to make an exhaustive report of his findings, and to file the same with the clerk of the superior court of Twiggs County, Georgia, whose duty it shall be to preserve the original report until the meeting of the next regular grand jury thereafter, when the same shall be delivered to the foreman of the grand jury; and it shall be the duty of the grand jury, with the assistance of the solicitor-general, to examine the report and make such recommendations as may seem proper, and it shall have power and authority to summon the commissioner or the clerk, or both, and other witnesses, with all books and records, paid vouchers, and other evidence, for the purpose of examination, in order to make a thorough examination into the administration of the commissioner's office. This power and duty of the grand jury shall not be conditioned upon a suspicion of wrong-doing or political reasons, but is intended to insure a thorough understanding of the management of the county affairs at all times. The cost of the audit and its publication shall be paid out of the county treasury of said county. It shall be the further duty of the said grand jury aforesaid, upon the same terms and conditions as aforesaid, to also have a similar audit made of the books and accounts of the tax-collector, tax-receiver, county depository, sheriff's office and superintendent of public schools. The said auditor's report covering each and all of the said offices, shall, after inspection by the grand jury, be returned to the clerk of Twiggs superior court, and shall be filed and preserved by him. Audit report. Duty of grand jury. Expense of audit. Sec. 20. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues and the clerk, or both, or either, shall be subject to impeachment for incompetency or malfeasance in office, in the same manner as county officers are subject to impeachment. Impeachment of Commissioner or Clerk.

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Sec. 21. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said Commissioner of Roads and Revenues to draw vouchers on the county treasury or county depository for all bills approved by the Commissioner of Roads and Revenues, and to file and preserve all bills for which vouchers are drawn, arranging them in regular sequence, according to date; and no voucher shall be drawn except for written bills or accounts properly approved by the commissioner. Vouchers. Sec. 22. Be it further enacted by the authority aforesaid, that the said Commissioner of Roads and Revenues is hereby authorized and empowered to retain and employ a competent attorney at law, and such commissioner is authorized, to pay such attorney a retainer fee of not exceeding two hundred and fifty ($250.00) per annum, to be paid monthly out of the county funds of Twiggs County, and such attorney shall receive such other compensation as may be agreed upon by him and said commissioner. It shall be the duty of said county attorney to represent the County of Twiggs in all legal matters in which said county may be interested, and he shall be the legal adviser of said commissioner, and shall attend the said commissioner's meeting when requested. Attorney. Retainer fee. Duty of attorney. Sec. 23. Be it further enacted by the authority aforesaid, that the said Commissioner of Roads and Revenues is hereby further authorized and empowered to employ a competent physician for the purpose of giving medical attention and aid to the county jail prisoners, paupers of the county, convicts of the county, and any other matters requiring his services as a county physician; and the said Commissioner of Roads and Revenues shall have the right and authority to fix his compensation. County physician. Compensation. Sec. 24. Be it further enacted by the authority aforesaid, that in the event the grand jury of the said County of Twiggs during any year shall fail, refuse, or neglect to have the books and affairs of the offices of tax-collector, tax-receiver, sheriff and superintendent of public schools audited and examined by some certified public accountant

Page 723

of this State, then and in that event it shall be the duty of said Commissioner of Roads and Revenues to have the said audit of said offices made by some certified public auditor of this State, upon the same terms and conditions and subject to the same rules and regulations as is set out in section 19 of this Act. Audit where grand jury fails to have audit made. Sec. 25. Be it further enacted by the authority aforesaid, that said commissioner, at the end of each quarter of the year, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter. Said statement shall also show the amount of outstanding indebtedness of the county and how the same represented whether open account, note, or warrant. He shall verify the said statement as follows: I..... Commissioner of Roads and Revenues of Twiggs County, Georgia, do solemnly swear that the above is a full and true statement of the monetary transactions of my office for the quarter ending....., as well as showing the outstanding indebtedness of said county. That I have not received any rebate, commission, or drawback, nor have I personally profited or known of any illegal profit to any one whomsoever through any trans-action of my office, so help me God. Signed..... Sworn to and subscribed before me this the..... day of..... 19..... Said statement shall be published in the official organ of the county, provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event $1.00 per one hundred words. If the commissioner cannot 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 county court-house and post such account or statement thereon. Financial statement. Oath. Publication of statement. Sec. 26. Be it further enacted by the authority aforesaid, that said Commissioner of Roads and Revenues of

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said County of Twiggs shall cause the convict gang of said county, or free labor if used, to work all continuations of public roads through the various incorporated towns and municipalities of said County of Twiggs. Road work. Sec. 27. Be it further enacted by the authority aforesaid, that when the Commissioner of Roads and Revenues for said County of Twiggs as herein created shall have been elected and qualified, then all Acts creating and relating to the Board of Commissioners of Roads and Revenues for the County of Twiggs, and all amendatory acts thereof, said Acts being approved respectively: December 5, 1898, August 14, 1903, August 10, 1915, August 18, 1917, August 12, 1920, and July 27, 1923, shall be repealed, and the existing Board of Commissioners of Roads and Revenues in and for the County of Twiggs shall be abolished. Repeal of previous Acts. Sec. 28. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Sec. 29. Be it further enacted, that within sixty days after the passage of this bill a referendum shall be held in the County of Twiggs by the registered voters of said county, for the purpose of passing or rejecting the bill and all its purposes. The same shall be passed or rejected by a majority of votes polled. Said referendum to be called within the said sixty (60) days by the ordinary of Twiggs County. Referendum as to adoption of Act. Approved August 11, 1927. UNION COUNTY TREASURER'S SALARY. No. 371. An Act to amend an Act approved August 11th, 1924, entitled an Act to provide for placing the treasurer of Union County, Georgia, on a salary basis, to fix said salary, and for other purposes, by providing for an increase of said salary; 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 August 11th, 1924, entitled an Act to provide for placing the treasurer of Union County, Georgia, on a salary basis, to fix said salary, and for other purposes, be and the same is hereby amended by striking the figures $300.00, to be found in the sixth line of section 1 of said Act, and inserting in lieu of said stricken figures the following figures, to wit: $600.00, so that said section, when so amended will provide as follows to wit: Increase of Treasurer's salary. Section 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 treasurer of said Union County, Georgia, shall be paid a salary of $600.00 per annum, in lieu of all commissions as heretofore and now paid, said salary to be paid in monthly installments by the fiscal authorities of said county. To read. Sec. 2. 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 23, 1927. UPSON TREASURER'S OFFICE ABOLISHED. No. 141. An Act to abolish the office of county treasurer of the County of Upson 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 same, that on the 31st day of December, 1929, or sooner if the office of county treasurer should become vacant, the office

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of county treasurer of the County of Upson in the State of Georgia be and the same is hereby abolished. Treasurer's office abolished, when. Sec. 2. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues, usually called the county commissioners, shall, as soon as this Act takes effect, and every four years thereafter, designate some solvent chartered bank in said county as a depository of the county funds in said county which are now required to be paid over to the county treasurer, and such county depository shall be selected for a term of four years, and every four years thereafter, under such rules and regulations as may be prescribed by said county commissioners, not inconsistent with the terms of this Act or with existing laws, and such depository shall, if so required by the Board of Commissioners, file, within ten days after its selection, a good and sufficient bond in an amount to be fixed by said county commissioners, with the clerk of said commissioners, with some good and solvent surety company as security on same, the cost of making said bond to be paid out of the county funds. Bank as depository. Bond. Sec. 3. Be it further enacted by the authority aforesaid, that on January 1st, 1929, the county treasurer shall pay over to said county depository all funds in his hands belonging to said county, and turn over to said county depository all books, records, and documents pertaining to his office. Transfer of funds, etc. 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 this Act goes into effect shall be drawn on the county 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 treasurer shall be performed by the county depository. The books and accounts of said county depository covering county funds shall be subject to inspection

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at all times by the county commissioners and the grand jury of said county, or any one acting under their direction. Warrants. Laws applicable to depository. Sec. 5. Be it further enacted by the authority aforesaid, that the bond of said county depository, if any bond is required, when executed and approved, shall be filed in the office of the ordinary of said county and recorded in his office. Filing 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 6, 1927. WASHINGTON COMMISSIONERS' COMPENSATION. No. 20. 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 Washington; to provide for the election of commissioners who shall constitute said board; to prescribe their term of office, their duties, fix their salaries; and for other purposes, approved August 20th, 1913, by striking the words and figures one hundred and fifty dollars ($150.00) after the word of and before the word per in the fourth line of section 10 of said Act, and inserting in lieu thereof the words and figures six hundred dollars ($600.00), 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, an Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Washington; to provide for the election of commissioners who shall constitute said board; to prescribe their term of office, their duties, fix their salaries; and for other purposes, approved August 20, 1913, be and the same is hereby

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amended by striking the words and figures one hundred and fifty dollars ($150.00) after the word of and before the word per in the fourth line of section 10 of said Act, and inserting in lieu thereof the words and figures six hundred dollars ($600.00), so that said section when so amended shall read as follows, to wit: Salary of each Commissioner, $600. Sec. 10. Be it further enacted by the authority aforesaid, that each of the commissioners serving under this Act shall receive as compensation for his services the sum of six hundred dollars ($600.00) per annum, payable monthly; and each commissioner, before entering upon the performance of his duties, shall give bond in the sum of five hundred dollars, payable to the ordinary of said county and his successors in office, conditioned for the faithful performance of his duties as such commissioner, which said bond shall be approved by the ordinary of said county. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. WASHINGTON COUNTY ATTORNEY; REPEALING ACT. No. 4. An Act to repeal an Act entitled An Act to provide that the solicitor of the city court of Sandersville, Washington County, shall be ex-officio county attorney for the County of Washington, to prescribe his duties as such, and for other purposes, approved August 16th, 1915; and for other purposes. Section 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 provide that the solicitor of the city court of Sandersville, Washington County, shall be ex-officio county

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attorney for the County of Washington, to prescribe his duties as such, and for other purposes, approved August 16th, 1915, 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 be and the same are hereby repealed. Approved July 12, 1927. WAYNE COUNTY FISHING REGULATED. No. 187. An Act to prohibit fishing in any of the fresh-water streams or lakes located in Wayne 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 landowner 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 Wayne 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 landowner 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

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time specified, provided the catch of each person shall not be more than twenty-five fish per day. Closed season for fishing; exceptions. 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 chain-gang for not less than three months nor more than nine months, either or both, in the discretion of the court. Penalty. Sec. 3. Be it further enacted by the authority aforesaid, that the game and fish warden of Wayne 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 Wayne County, Georgia, or in the city court of Jesup 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. Duty of game and fish warden; pay. Deputy wardens. 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 11, 1927. WHEELER COMMISSIONER'S CLERK'S SALARY. No. 40. An Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Wheeler; to provide for his election; to provide for a commissioner until the first of January, 1925; to provide the term of office of said commissioner so elected; to define the duties of the commissioner and provide for his compensation; to provide for the supervision

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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 the authority of the same, that an Act approved August 7, 1924, entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Wheeler; to provide for his election; to provide for a commissioner until the first of January, 1925; to provide the term of office of the commissioner so elected, and define the duties of the commissioner and provide for his compensation; to provide for the supervision of his acts and the auditing of his books, and generally to provide for the management of the affairs of said county; and for other purposes, be and the same is hereby amended by striking from the last line of section 27 of said Act the following words: three hundred ($300.00) dollars per year, and substituting therefor the following: forty ($40.00) dollars per month for the remainder of the year 1927 (beginning August 1st, 1927); but the fall grand jury of said county for the year 1927 shall fix the salary of said clerk of said commissioner for the ensuing year; and the fall grand jury in each succeeding year thereafter shall fix the salary of said clerk for the ensuing year, but in no event shall the salary of said clerk be less than three hundred ($300.00) dollars per annum nor more than six hundred ($600.00) dollars per annum. Salary of Clerk of Commissioner of Roads and Revenues. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 19, 1927. WHEELER COUNTY OFFICERS. No. 36. An Act to create the offices of tax-collector, tax-receiver, and county treasurer of the County of Wheeler, State of

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Georgia; to provide for their election and fix the time of their terms of office; to define their duties and provide for their compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the offices of tax-collector, tax-receiver, and county treasurer for the County of Wheeler, in the State of Georgia, be and the same are hereby created. Offices of tax-collector, tax-receiver, and treasurer created. Sec. 2. Be it further enacted by the authority aforesaid, that said tax-collector, tax-receiver and county treasurer in and for said County of Wheeler shall be elected by the qualified voters of said county, and shall hold their respective offices for four years, and until their successors are elected and qualified. They shall be removed on conviction of malpractice in office; and no person shall be eligible to any of the offices referred to in this paragraph, unless he or she shall have been a resident of said County of Wheeler for two years next preceding his or her election, and is a qualified voter. The first election for said offices under this Act shall be at the next general election; and the persons elected to said offices at said time, as well as their successors in office, shall be commissioned by the Governor of Georgia for a term of four years as other county officers of said State. Election. Term of office. Removal. Sec. 3. Be it further enacted by the authority aforesaid, that said tax-collector, before entering upon the duties of said office, shall take and subscribe to the oath of office now prescribed by law for tax-collectors in this State; and shall also give bond and security for thirty-three and one third per cent. more than 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 sending 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 the ordinary.

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Such bond for county taxes when given must be approved by the ordinary, filed in his office, recorded in the book with official bonds, and in all respects shall be an official bond; and said bonds shall be liens upon the property of the principal and sureties, as is now provided by the general laws of said State. Said tax-collector shall not collect any portion of the county tax until such bond is given; and if he fails to give such bond or one satisfactory to such ordinary, he may appoint some competent persons to collect the county tax as is now provided by the laws of this State. Tax-collector oath, bond. Sec. 4. Be it further enacted by the authority aforesaid, that it shall be the duty of said tax-collector: Duties of tax-collector. (a) To diligently collect and promptly pay over in the funds allowed by law the State and county taxes to the Comptroller-General and the county treasurer, respectively. (b) To search out and ascertain, as far as possible, all polls and professions, and all taxable property not returned to the receiver or not found on his digest. (c) To enter all such defaults in a book kept for that purpose, to assess and collect thereon a double tax, and pay the same over to the Comptroller-General and county treasurer, respectively, after deducting single commissions, and to deposit said book with the Comptroller-General and a copy with the ordinary, before the day of final settlement. (d) To have his insolvent lists allowed in the manner required by law, before final settlement with the Comptroller-General. (e) To issue executions against all defaulters and insolvents, and place them with the proper officers for collection. (f) To give notice of the time and places of his attending to collect the taxes, and of the days he will be at the courthouse, and there to attend during the time for collection required of the collector.

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(g) To publish at the door of the courthouse, for thirty days, his insolvent lists, including the taxes of each person thereon. To furnish to election managers of the county lists of all persons who have not paid their taxes. (h) To pay the tax-receiver the compensation now allowed by law for tax-receivers of the State. (i) To perform all other duties that the law requires, and which necessarily under the law appertain to his office. Sec. 5. The commissions to be allowed to the said tax-collector shall be as follows: Commissions of tax-collector. On all digests for the first one thousand dollars 6 per cent. On all digests for excess over one thousand dollars to two thousand dollars 4 per cent. On all digests for excess over two thousand dollars to three thousand dollars 3 per cent. On all digests for excess over three thousand dollars to four thousand dollars 2[frac34] per cent. On all digests for excess over four thousand dollars to six thousand dollars 2 per cent. On all digests for excess over six thousand dollars to eight thousand dollars 2 per cent. On all digests for excess over eight thousand dollars to twelve thousand dollars 2 per cent. On all digests for excess over twelve thousand dollars to eighteen thousand dollars 1[frac34] per cent. On all digests for excess over eighteen thousand dollars to thirty-six thousand dollars 1 per cent. On all digests in excess of thirty-six thousand dollars 1 per cent. Sec. 6. Be it further enacted by the authority aforesaid, that said tax-receiver, before entering upon the duties of his office, must take and subscribe the oath of office now

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prescribed by law for tax-receivers in this State; and shall also at the same time give bond and security in a sum to be one fourth of the amount of the State tax supposed to be due from the county for the year in which said bond shall be given; provided, however, that in no event shall said bond exceed the sum of ten thousand dollars; the amount of said bond to be filled by the Comptroller-General before being sent out for execution from the Executive office. Tax-receiver; oath. Bond. Sec. 7. Be it further enacted by the authority aforesaid, that it shall be the duty of said Tax Receiver: Duties of tax-receiver. (a) To receive all returns of taxes within the time and in the manner prescribed by law. (b) To make out and perfect the three digests in writing and figures plainly, legibly, and neatly, and to properly deposit them. (c) To give ten days' notice in writing of the several times and places at which he will attend in the several militia districts of the county, for the purpose of receiving tax-returns. (d) To attend at such place at least three times during the time allowed in which to make returns. (e) To keep a standing advertisement as to the day or days when he will be at the county-site for such purpose. (f) To receive tax-returns at any time when a taxpayer applies to give in. (g) To embrace in the digest to the Comptroller-General, the ordinary, and the tax-collector, respectively, a list of all defaulters and the amount of their true and double tax, and of all property assessed by him and returned by no one, or other special action had in conformity to the laws. (h) To publish at the door of the courthouse, for thirty days, lists of all the defaulters and the amount of their double tax.

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(i) To assess, upon the digest deposited with the ordinary, the county taxes according to law, and the rate per cent. levied by the proper county authorities. (j) To conform to such rules as he may be furnished with, and to obey such orders as may be given by the Comptroller-General. (k) To perform all other duties that the law requires and which necessarily under the law appertain to the office. Sec. 8. Be it further enacted by the authority aforesaid, that the county shall pay to said tax-receiver the same compensation the collector gets for collecting taxes, as is now, or which may be hereafter, prescribed by law. Pay of tax-receiver. Sec. 9. Be it further enacted by the authority aforesaid, that the duties of said county treasurer of said County of Wheeler shall be the same as are now required of county treasurers under the general laws of said State, in all things pertaining to said office of county treasurer. County treasurer; duties. Sec. 10. Be it further enacted by the authority aforesaid, that said county treasurer, before entering upon the duties of said office, must take and subscribe the oath of office now prescribed by law for county treasurers in this State, and at the same time give bond in a surety company or bonding company authorized to do business in this State, in the penal sum of forty thousand ($40,000.00) dollars; and the premiums on said bond shall be paid by the Commissioner of Roads and Revenues of said county. Said county treasurer shall receive a salary of three hundred ($300.00) dollars per annum for his services which shall be paid monthly or quarterly, as said treasurer may select, upon a warrant drawn by said Commissioner of Roads and Revenues of said county; and said Commissioner of Roads and Revenues of said County of Wheeler shall furnish said treasurer's office with well-bound books and all other equipment, furniture, and fixtures that may be necessary in the proper administration of said office. Bond of treasurer. Salary. Office equipment.

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Sec. 11. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. WHEELER COUNTY TREASURER; REPEALING ACT. No. 42. An Act to repeal 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 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 entitled 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, approved August 7, 1925, be and the same is hereby repealed. Repeal of Act to abolish office of county treasurer. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. WHEELER TAX-COMMISSIONER; REPEALING ACT. No. 46. An Act to amend an Act to abolish the office of tax-collector and the office of tax-receiver in the County of Wheeler;

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and to create in their stead a tax-commissioner in and for said Wheeler 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 an Act entitled 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 said tax-commissioner; to authorize the county commissioners to supplement his compensation, provided the same becomes necessary; and for other purposes, approved August 7, 1925, be and the same is hereby repealed. Repeal of Act to abolish offices of tax-collector and tax-receiver, etc. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927.

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TITLE III. SOLICITORS-GENERAL ACTS. Atlantic Circuit: Salary Increase. Chattahoochee Circuit: Salary Increase. Eastern Circuit: Salary, fees, etc. Macon Circuit: Payment of Fees, etc. ATLANTIC CIRCUIT; SALARY INCREASE. No. 244. An Act to amend an Act of the General Assembly of Georgia of 1919, pages 541, et sequitur, and approved August 18, 1919, and amendatory acts thereto, by increasing the salary of the solicitor-general of the Atlantic Judicial Circuit; said original Act of 1919 abolishing the fee system then existing in the superior court of the Atlantic Judicial Circuit, as applied to the office of the solicitor-general, and providing for the disposition of all fees, fines, and forfeitures accruing to the office of solicitor-general, and providing for a salary for said solicitor-general as prescribed in paragraph one of section thirteen of article six of the constitution of this State, and providing for the pro ration among the counties of said circuit of said salary. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section two of the Act of the General Assembly of this State of 1919, pages 541 et sequitur, approved August 18, 1919, be amended by striking out from lines two and twenty-nine the figures $2250.00 where they appear, and inserting

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in lieu thereof the figures $3250.00; further by striking from line nine of said section two the figures $600.00, and inserting in lieu thereof the figures $850.00; further by striking from line ten of said section two, the figures $400.00, and inserting in lieu thereof the figures $550.00; further by striking from lines eleven and twelve of said section two, the figures $375.00 where they appear, and inserting in lieu thereof the figures $550.00; further by striking from lines twelve and thirteen of said section two, the figures $250.00 where they appear and inserting in lieu thereof the figures $375.00; further by striking from line twelve of said section two of the original Act the word Effingham and by inserting in lieu thereof the word Long, so that when said section two shall be amended, the same will read as follows: Increase of salary of solicitor-general. Substitution of Long for Effingham. Sec. 2. The salary of the solicitor-general of the said Atlantic Judicial Circuit shall be the sum of $3250.00 per annum in addition to the salary of $250.00 per annum, prescribed in paragraph 1, section 13, of article 6 of the Constitution of this State, which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, in the following proportions, to wit: Tattnall County shall pay the sum of $850.00; Evans County shall pay the sum of $550.00; Bryan County shall pay the sum of $550.00; Liberty County shall pay the sum of $550.00; Long County shall pay the sum of $375.00; and McIntosh County shall pay the sum of $375.00. It shall be and is hereby made the duty of the proper officer or officers having control of county matters in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly out of the funds of said counties; that is to say, on the first days of January, April, July, and October, and upon regular county warrants issued therefor, and it is further made the duty of the ordinaries, county commissioners, or other county authorities having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying

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and taxing 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 $3250.00 and the constitutional salary of $250.00 shall be in full payment for all services of said solicitor-general, in lieu of fees as now provided by law, except as provided in section 5 of said Act. To read. Sec. 3. Be it further enacted by the authority aforesaid, that this Act shall go into effect January 1st, 1928. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. CHATTAHOOCHEE CIRCUIT; SALARY INCREASE. No. 330. An Act to amend an Act, approved August 7, 1920, increasing the salary of the solicitor-general of the Chattahoochee Circuit by increasing the salary of such solicitor-general; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that section 1 of said Act approved August 7, 1920, be and the same is hereby amended by striking from line 20 thereof the figures $6,250.00, and inserting in lieu thereof the figures $7,250.00. Also by striking from line 30 the figures $3,950.00, and inserting in lieu thereof the figures $4,950.00. Also by striking from line 49 thereof the figures $6,250.00, and inserting in lieu thereof the figures $7,250.00. Also by striking the figure 6 and the words of this Act in line 55 thereof, and inserting in lieu thereof the figure

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5 and the words of the Act approved August 20, 1917, Georgia Laws 1917, pages 283, 284, 285, 286, and 287, so that said section 1 of the Act approved August 7, 1920, when amended shall read as follows: Increase of salary of solicitor-general. The salary of the solicitor-general of the said Chattahoochee Judicial Circuit shall be $7,250.00 per annum in addition to the salary of $250.00 prescribed in paragraph 1, section 13 of Article 6 of the Constitution of this State which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, in the following proportion, to wit: Chattahoochee County shall pay the sum of $150.00; Harris County shall pay the sum of $800.00; Marion County shall pay the sum of $450.00; Muscogee County shall pay the sum of $4,950.00; Talbot County shall pay the sum of $450.00; Taylor County shall pay the sum of $450.00. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters in each of the said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to the solicitor-general quarterly in each year out of the funds of said counties; that is to say, on the first days of April, July, October, and January, and upon regular county warrants issued therefor, and it is further made the duty of said ordinaries, county commissioners, or other county authority having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $7,250.00 and the constitutional salary of $250.00 shall be in full payment for all services of said solicitor-general for all travelling 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

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provided in section 5 of the Act approved August 20, 1920, Georgia Laws 1917, pages 283, 284, 285, 286, and 287. To read. Sec. 2. Be it further enacted by authority aforesaid, that section 2 of said Act approved August 7, 1920, be and the same is amended by striking from said section the words and figures on the 1st day of January in the year 1921, in lines 2 and 3 of said section, and inserting in lieu thereof the words on the first day of January, 1928, so when as amended said section 2 will read as follows: That this amendment shall become effective on the first day of January, 1928. Effective when. 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, 1927. EASTERN CIRCUIT; SALARY, FEES, ETC. No. 224. An Act to abolish the fee system now existing in the Eastern Judicial Circuit of Georgia, as applied to the office of solicitor-general of said circuit, and all fees accruing to the office of solicitor-general of said circuit after the date upon which this Act becomes effective, so far as the same constitutes a compensation attached to said office; to provide for the payment of a salary to the solicitor-general of said circuit 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 and payment of a salary to the clerk of the office of said solicitor-general, and the fixing of the amount of salary to be paid to said clerk; to provide for the payment of a salary to the special criminal bailiff of the said solicitor-general, which shall not be less than the sum of $200.00 per month, to provide for the disposition of fines, forfeitures, and fees, including insolvent costs,

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ccruing to the office of the said solicitor-general in the Eastern Judicial Circuit, and to impose certain duties on the said solicitor-general in reference to the collection, payment, and disposition of all funds, monies, and emoluments accruing to the office of said solicitor-general; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The fee system now existing in the Eastern Judicial Circuit of Georgia, as applied to the office of solicitor-general of said circuit, and all fees accruing to the office of solicitor-general of said judicial circuit after the date upon which this Act becomes effective, be and the same are hereby abolished in so far as the same constitutes the compensation of the said solicitor-general, but the same schedule of fees and costs shall remain for the purpose of ascertaining the sum of sums to be paid into the treasury of Chatham County, which county constitutes said judicial circuit, and the solicitor-general shall hereafter be paid a salary as hereinafter provided for, in lieu of the fees as under the present system of compensation. Salary substituted for fees of solicitor-general. Sec. 2. The statutory salary of the solicitor-general for said judicial circuit shall be the sum of ten thousand dollars ($10,000.00) per annum, which shall be in addition to the salary of two hundred and fifty dollars per annum prescribed by paragraph 1, section 13 of article 6 of the constitution of this State, and the said statutory salary shall be paid out of the general treasury of Chatham County; and it shall be and it is hereby made the duty of the county commissioners of Chatham County and ex-officio judges thereof to cause the said statutory salary to be paid to the said solicitor-general in monthly installments of eight hundred and thirty-three dollars and thirty-three cents ($833.33) per month. The funds for the payment of said salary shall be provided by the said county commissioners of Chatham County and ex-officio judges thereof in the

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same manner and from the same source as the operating expenses of the superior court of Chatham County and of the city court of Savannah, and as a part thereof. The said statutory salary shall be in full payment for all the services of the said solicitor-general, except as to service in the Supreme Court of the State of Georgia and the Court of Appeals of the State of Georgia, which latter service shall be compensated as provided by laws of the State of Georgia. Salary $10,000 a year. Services in Supreme Court, etc., not included. Sec. 3. In the distribution among officers of the court of all costs both in particular cases and matters and all insolvent costs and fines, forfeitures, and fees paid into the superior court of Chatham County, Georgia, or the city court of Savannah, or which may hereafter become due or payable therein, the County of Chatham shall be subrogated to the rights and claims of the solicitor-general of said circuit, and shall stand in his place and stead, and shall be entitled to all funds, monies, and emoluments accruing to the office of said solicitor-general in said judicial circuit; and hereafter when orders on insolvent funds or other judgments or findings are entered or approved in behalf of the officers of court, instead of the same being approved and entered 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 Chatham County. All costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures, and fees, and all monies and emoluments accruing to the office of the solicitor-general of the said Eastern Judicial Circuit of Georgia after the date upon which this act becomes effective, under any laws heretofore or now existing or which may hereafter be enacted, shall be collected by the solicitor-general of said circuit and shall be paid by him into the treasury of Chatham County, and shall become the property of Chatham County. Said solicitor-general shall furnish a monthly statement of all fees, fines, and forfeitures collected by him to the treasurer of Chatham County on the first day of each month, and shall

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pay to the said treasurer on said day said monies, and he shall furnish a duplicate of said statement to the commissioners and ex-officio judges of Chatham County on said day. Fees, etc., to go to county. Statements of fees, fines, forfeitures. Sec. 4. The solicitor-general shall diligently and faithfully collect all fees and forfeitures that may occur and become due in the superior court of Chatham County and in the city court of Savannah, and shall, as stated in section 3 of this Act, pay said monies to the treasurer of Chatham County as herein provided. He shall give bond in the sum of ten thousand dollars ($10,000) in a corporate surety company which is qualified under the laws of this State to do business in this State, and which has an agent in Chatham County. Payments to treasurer. Bond. Sec. 5. Said solicitor-general shall have the power to appoint a clerk for the office of said solicitor-general, who shall perform such duties as may be required of him by said solicitor-general. The salary of said clerk shall be the sum of three thousand dollars per annum; the same to be paid in equal monthly installments of two hundred and fifty dollars out of the treasury of Chatham County, as a part of the operating expenses of the superior court of Chatham County and of the city of Savannah, the funds therefor to be provided in the same manner as the other operating expenses of said courts. Clerk of solicitor-general. Salary. Sec. 6. Nothing in this Act shall be construed to affect the duty of the county commissioners and ex-officio judges of Chatham County to pay the salary of the special criminal bailiff of the said solicitor-general appointed under the provisions of section 808 of volume 2 of the Code of the State of Georgia, except that the salary of the said special criminal bailiff shall not be less than two hundred dollars ($200.00) per month. Special bailiff of solicitor-general. Salary. Sec. 7. If any provisions of this act shall be held to be unconstitutional, such provision alone shall be invalid, and other parts of this Act shall be unaffected thereby and shall remain in full force and effect. Act not invalidated by void part. Sec. 8. This Act to become effective January 1, 1928. Act effective when.

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Sec. 9. All laws and parts of laws in conflict with this act shall be and the same hereby are repealed. Approved August 15, 1927. MACON CIRCUIT; PAYMENT OF FEES, ETC. No. 365. An Act to amend sections five and six of an Act approved August 9, 1922, as shown in Acts of 1922, pages 309-314, so as to provide that, effective January 1, 1928, the solicitor-general of the Macon Judicial Circuit shall pay into the treasury of Bibb County quarterly all fines, forfeitures, fees, monies, and emoluments arising out of cases tried in Bibb superior court, in lieu of disbursing same annually, as provided in said Act, and for the disbursement of said fund by Bibb County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that section five of said act be and the same is hereby amended by adding to said section the following: Provided that as to Bibb County in said judicial circuit said solicitor-general shall quarterly, on the first days of Janurary, April, July, and October, beginning with January 1, 1928, pay to the treasurer of Bibb County or other officers entitled to receive county funds, all fines, forfeitures, fees, and monies arising out of cases tried in Bibb superior court, and to which either the said solicitor-general for the use of Bibb County, or the sheriff of Bibb County individually, or for the use of Bibb County, or the clerk of Bibb superior court individually, or for the use of Bibb County, may be entitled; and provided further upon the filing of the annual report of the solicitor-general, as provided in said act, the County of Bibb shall through its proper officers pay to the said sheriff and to the said clerk the amounts to which they may be entitled individually,

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and in their own rights credit to the account of each of said offices the amount to which the solicitor-general, the sheriff, and the clerk respectively may be entitled for the use of Bibb County. Quarterly payments of fees, etc., by solicitor-general to county treasurer. Sec. 2. Be it further enacted by the authority aforesaid, that section six of said act be and the same is hereby amended by adding to said section the following: Provided, that in Bibb County all fines, forfeitures, funds, monies, and emoluments, as defined and limited by section five of this act as herein amended, arising from trials of cases in Bibb superior court, shall be by said solicitor-general paid into the treasury of Bibb County quarterly on the first days of January, April, July, and October of each year, beginning with January 1, 1928, and said county shall make disbursement of said fund, as provided in section five of said act as herein amended. Payments to treasurer by solicitor-general. Sec. 3. Be it further enacted by the authority aforesaid, that after the payments of the amounts due respectively to the sheriff individually, and the clerk individually, the balance of said fund shall be the property of Bibb County, as provided in the salary Act governing said offices. Balance of fund to go to county. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be and they are hereby repealed. Approved August 23, 1927.

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

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Acworth Sewer Bonds; Registry of Voters. Albany City Limits; Street Lighting. Alma Charter Amendments. Americus Charter Amendments. Americus Street-Paving Assessments. Arabi Town Officers. Atlanta Charter Amendments. Atlanta Planning and Zoning. Atlanta Territorial Limits Extended. Atlanta Territorial Limits Extended. Atlanta Territorial Limits Extended. Auburn Charter Repeal Referendum. Auburn Work-Gang Punishments, etc. Augusta Registry of Voters. Augusta Planning and Zoning. Avondale Estates City Charter. Bainbridge Clerk and Treasurer; Tree and Park Commission. Bainbridge Commissioners and City Manager: Referendum. Bainbridge School-Tax Election, Voters. Bainbridge Street Improvements. Bainbridge Street Improvements. Baxley Street Improvements; Tax Powers. Bethlehem Town Charter. Blackshear Street Improvements; Sewerage. Brunswick Zoning; Parks and Trees. Cairo Territory; Sidewalk Paving. Canton; Sales of Electricity. Gas, Water. Chauncey Franchise Grants. Clarkston Charter Amendments. Climax Registry of Voters. Cochran Elections; Registry of Voters. Coligny Beach Chartered. College Park Sidewalks, Sewers, Tax Refund. Colquitt Mayor's Salary. Columbus Street Closing, Sale, etc.

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Commerce Charter Amendments. Cordele City Manager as Tax-Assessor. Cornelia Commission Government Referendum. Covington Public Utilities; Disposal. Dahlonega School Tax. Dallas StreetImprovement Assessments. Dallas Franchise Contracts. Dawson School Laws Amended. Dawson Street Improvements. Dawson Street Improvements. Decatur Territorial Limits Extended. Donalsonville Street Improvements. Douglas Street Improvements; School Tax. Dublin Charter Amendments. East Lake Charter Repealed. East Point Charter Amendments. East Point Fire Department; Referendum. East Thomaston Territorial Limits. Eastman Charter Amendments. Eastman Street Improvements. Elberton City Wards; Referendum. Elberton Public-School Fund. Elberton Public-School Fund. Ellijay Charter Amendments. Emerson Mayor and Aldermen. Fairfax Charter Repeal Referendum. Fairfax School System Abolished. Fairmont New Charter. Fay tteville Treasurer's Bond. Ficklen Charter Repealed. Fitzgerald Charter Amendments. Fitzgerald Firemen and Policemen. Fitzgerald Printing, Public Gazette. Fort Valley Street Improvements. Glennville Sale of Utilities; Referendum. Gordon Tax-Assessors; Appointment. Greenville Street Improvements. Griffin Waterworks. Hapeville Charter Amendments. Hawkinsville Boundary Line. Hazlehurst Street Improvements. Holly Springs Tax Rate. Homerville Street Improvements. Jesup Street Improvements. Kingsland Charter Repealed. Kingsland City Charter; Referendum. LaFayette Charter Amendments. Leesburg Due-Dates of Taxes. Lenox Elections and Taxes. Lithonia Emergency Tax. Lumber City Franchise Grants. Macon City Charter. Macon Conveyance of Land Authorized. Macon Conveyance of Land Confirmed. Manchester Street Improvements. Mansfield Board of Education Vacancy. Mansfield Registry of Voters. Marshallville Street Improvements.

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Maysville Marshal's Tax Sales. McCaysville Charter Amendments. McRae Land Purchase and Sale. McRae Public Utilities Proceeds. Midway Charter Amendments. Millen Street Improvements. Moultrie Sanitary Limits Extended. Moultrie School Commissioners. Mountain Park Incorporated. Nashville Elections and Voters. Newborn Street Closing. Newnan Recorder's Court. Newnan Street Improvements. Nicholls Schoolhouse Bonds. Ochlocknee Registration of Voters. Ocilla Charter Amendments. Palmetto Charter Amendments. Pavo Charter Amendments. Pelham School Tax. Pine Park Public School. Quitman Tax Additional. Riceboro City Charter. Rincon Town Charter. Rome Charter Amendments. Rossville Sewers, Water, Zones. Roswell Public-School Tax. Sandersville Street Assessments. Sanders Territory Extended. Sandersville Voters in Elections. Sasser Charter Amendments. Savannah Charter Amendments. Savannah Sale of Parts of Streets. Savannah Sales of Streets, etc. Savannah Viaduct Contract. Smyrna Waterworks and Sewerage. Smyrna Waterworks and Sewerage. Sparks Street Improvements. Statesboro Street Improvements. Swainsboro Street Improvements. Swords Charter Repealed. Sylvester Cemetery and Bond Issue. Tennille Street Improvements. Thomasville Commission Government Referendum. Thomasville Park and Tree Commission. Thomasville Registry of Voters. Thomson New Charter. Thunderbolt Waterworks. Tybee Charter Amendments. Unadilla Street Improvements; Registry of Voters. Valdosta Sewers, Water-Mains. Vienna Tax Assessments. Waycross Commissioner's Election. Waycross Pensions for Teachers. Waycross Public-School Board. Waynesboro Registry of Voters. Whigham Street Improvements.

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Woodbine Street Improvements. Wrens Street Improvements. ACWORTH SEWER BONDS; REGISTRY OF VOTERS. No. 14. An Act to amend the charter of the City of Acworth, Cobb County, Georgia, approved August 17, 1903, and all Acts amendatory thereof, so as to provide for the issuing of bonds for a system of sewers, to provide for the construction and maintenance of a system of sewers, to condemn property for the extension of sewer lines, to enlarge the powers of the Mayor and Aldermen of the City of Acworth, so that they may provide for a permanent list of registered qualified voters for all elections to be held in and for the City of Acworth, 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 six of the Act approved August 17, 1903, establishing a charter for the City of Acworth, Cobb County, Georgia, and all Acts amendatory thereof, is hereby amended, and from and after the passage of this Act the Mayor and Aldermen of the City of Acworth in Cobb County are authorized and empowered to order and have held an election by the qualified voters of said City of Acworth, at such time as the Mayor and Aldermen of said city shall designate, to determine whether or not bonds shall be issued by the City of Acworth in the sum of not exceeding $25,000.00, to be sold for the purpose of establishing and maintaining a system of sewerage for said city. Said election shall be had in accordance with the provisions of sections 440, 441, 442 and 443 inclusive in the Code of Georgia of 1910, and at said election the ballots used shall be For Bonds and Against Bonds. Sewer bonds; $25,000 limit; election to authorize. Sec. 2. Be it further enacted by the authority aforesaid, that if said election herein provided for be in favor of

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bonds for said purpose, then the Mayor and Aldermen of said City of Acworth, shall be and are hereby authorized to issue the bonds of said City of Acworth in the sum of not exceeding $25,000.00 in the aggregate. Said bonds shall be designated Sewer Bonds of the City of Acworth, Cobb County, Georgia, and shall be in the sum of $500.00 each, and numbered from One to Fifty consecutively and draw interest at the rate of 5 per cent. per annum, payable semi-annually on such dates as the Mayor and Aldermen shall designate, and be for a term of 30 years. Said bonds when so issued by the Mayor and Aldermen of said City of Acworth shall be sold for the City of Acworth for not less than par, and the proceeds shall be used by the Mayor and Aldermen for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage for the said City of Acworth, and for no other purpose. Bonds; interest, term, etc. Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the said City of Acworth shall be and are hereby authorized and empowered to annually assess, levy and collect a tax on all property, both real and personal, in the corporate limits of the said City of Acworth in such sums as they deem right, proper and necessary for the specific purpose of paying the interest on said bonds, and also to create a sinking fund sufficient to redeem and pay off said bonds at their maturity, and the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and monies belonging to the said City of Acworth and shall be used solely to pay interest on said bonds as the same accures and for the creation of a sinking fund for the payment of principal of the same. Tax to pay interest, etc. Sec. 4. Be it further enacted by the authority aforesaid, that if the election herein provided for shall be against bonds, that the Mayor and Aldermen of said City of Acworth, at any time after the expiration of one year from the date of said first election under the provisions of this Act, may call and order another election under its provisions,

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and may so continue until the issue of said bonds is authorized by the legal voters of said city in the manner provided by law. Second election, etc. Sec. 5. Be it further enacted by the authority aforesaid, that said Act creating a charter to the City of Acworth, approved August 17, 1903, is further amended by adding a new section to said charter, to be known as section 24, so as to enlarge the powers of the Mayor and Aldermen of the City of Acworth that they may provide for a permanent list of registered qualified voters for all elections to be held in and for the City of Acworth. From and after the passage of this Act the Mayor and Aldermen of the City of Acworth are authorized and empowered to provide a permanent voters list of all the qualified voters residing in the city limits of the City of Acworth and to provide for the registration of said voters. Permanent registration of voters. Sec. 6. Only those person who are citizens of the United States and who are twenty-one (21) years of age, or will be so at the date of the election in which they offer to vote, and who have resided in the State, county and city twelve (12), six (6), and three (3) months respectively, or who will have so resided at the time of the election in which he offers to vote, and who have been paid all taxes, State, county, and city, including street tax, which have been lawfully demanded of them, six (6) months prior to the election in which they offer to vote, except for the year in which said election is held, and except where the election is held within six (6) months after the last due date of said taxes, and who have not been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary or if convicted but pardoned, and who are not idiots or insane persons, and who have registered as hereinafter prescribed, shall be qualified voters of the City of Acworth. Qualifications of voters.

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Sec. 7. Every person not disqualified under section 2 of article 2 of the Constitution of this State, and who, in addition thereto, comes within either of classes provided for in the following subdivisions of this section, shall be entitled to register as hereinafter provided for: Who may register. (a) All persons who have honorably served in the land or naval forces of the United States in the Revolutionary War or War of 1812, or in the war with Mexico, or in any war with the Indians, or in the war between the States, or in the war with Spain, or who honorably served in the land or naval forces of the Confederate States, or of the State of Georgia in the war between the States; or (b) All persons lawfully descended from those embraced in the classes enumerated in the subdivision next above; or (c) All persons who are of good character and understand the duties and obligations of citizenship under a Republican form of government; or (d) Any person who is the owner in good faith in his own right of at least forty (40) acres of land situated in this State upon which he resides, or is the owner in good faith in his own right of property situated in this State and assessed for taxation at the value of five hundred dollars ($500.00); (e) All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements, but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States, or of this State, that may be read to them by any one of the registrars. 1. That the City Clerk, or in his absence for any cause, then some person appointed by the governing authority

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of the City, shall, with such assistants as he may be authorized to employ, open and keep open during business hours at the office of the city clerk a book or list, or books or lists, for the permanent registration of voters. Said book shall be known as Permanent Registration Book, shall have spaces provided therein, in the order named, for entering the voters: Registration book. 1. Age. 2. Occupation. 3. Address. Name and number of street and ward. 4. Date of registration. 5. Date becoming qualified as to age (where not qualified at registration.) 6. Date becoming qualified as to residence (where not qualified at registration.) 7. Voter's signature, and 8. A space for remarks; said spaces being so arranged that the voter's signature will immediately follow entry No. 6, and the following oath, to be actually administered by the person in charge of said books to each person registering, shall be so arranged and placed in said book as to precede the voter's signature, to wit: I do solemnly swear that I am a citizen of the United States; that I have resided in the State of Georgia twelve (12) months, the County of Cobb six (6) months, and the City of Acworth three (3) months (or will have so resided at the time stated opposite my signature hereto); that I am twenty-one (21) years of age (or will be at the time set opposite my signature hereto); that I am not disqualified under either of the provisions of section 2, article 2 of the Constitution of Georgia of 1877, so help me God. Oath of registrant. Said book shall be so arranged that white and colored persons shall be entered alphabetically in separate books, and, where wards exist, voters from each ward shall be

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entered in spaces which shall be provided for their respective wards; and the column under the head of remarks, hereinbefore provided for, shall be of sufficient dimensions for the entries therein of such data with reference to the status of the voters as may be necessary, consistent with reasonableness, for the guidance of the clerk and registrars; and no erasure or entry shall be made in or upon any other space provided in the said book, except such as are made or directed by the respective voters before and at the time of entering their signature; provided that in the event the name of any voter's signature is illegible the clerk or other person in charge of the registration books may under the said signature write the name in legible letters. Color separation. (2) That any person desiring to be registered as a voter may apply to the clerk, and, after reading the said oath or having the same read to him, and after having the same administered to him, shall subscribe the same in the registration book at the place indicated by the clerk, or his assistant, underneath the oath hereinbefore prescribed, or upon some page following the same; and no person who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery, larceny, or of any crime involving moral turpitude, punishable by the laws of the State with imprisonment in the penitentiary, and not pardoned, and who is an idiot or insane person, or who is not one of the classes named in section 2 of this Act, shall be entitled to register, provided that where a person is permitted to register but has not paid all taxes which have been lawfully demanded of him at the time he registered, or who has not qualified as to citizenship, residence, and age, such registration will not entitle him to be entered upon the list of voters prepared by the registrar as hereinafter prescribed for each election, unless he shall have paid such taxes at least six (6) months prior to the date of such election, and will have on the date of the election qualified as to citizenship, residence and age. Any qualified voter who, by reason of physical disability

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or prolonged absence from the city, is unable to apply in person for registration may make affidavit before some officer of this State or any other State authorized by law to administer the same, giving the same information as to age, etc., as contained in the city registration book, and also stating cause of disability of the applicant; and when the clerk shall receive such affidavit it shall be his duty to enter the name of the applicant upon the register and file and preserve the applicatn's affidavit, and note on the registration book the fact of registration by affidavit. Administration of oath, etc. Disqualification by crime, etc. Payment of taxes. Absent person, registration of. (3) The persons who have registered as herein provided shall not thereafter be again required to register; provided that when any person whose name appears on said list shall become disqualified under either of the provisions of section 2, article 2, of the Constitution of Georgia of 1877, he then and there shall, for all intents and purposes, automatically go off of said registration list, and will not be considered for any purposes as being registered, but shall be entitled to appeal to the registrars, as in paragraph 7 of this section provided, for reinstatement; and provided further that where a person who is registered but has failed to pay all taxes which have been lawfully demanded of him six (6) months prior to any election except for the year in which the election is held, and except elections held within six (6) months after the last due date, shall, although his name shall be continued on the registration book, not be considered as a registered voter of the city, in so far as being entitled to have his name placed on the list of registered voters prepared by the registrars as hereinafter provided for each election, or in so far as to be counted as a registered voter, in computing any given percentage or majority of the registered voters or qualified voters of the city with respect to any particular election; it being the intention hereof that only those voters who are both registered and otherwise qualified to vote in such particular election shall be counted in such character or computation. Removal of name from list. Appeal.

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(4) That fifteen (15) days prior to the general city elections wherein any member of the governing body of the city is to be elected, the city clerk shall, insofar as registration of voters for that particular election is concerned, close the registration book, and within five (5) days thereafter shall deliver custody of the registration book to the registrars, together with a list of such names as appear on said book who, for non-payment of any taxes, or for any other cause known to the clerk, are not entitled to vote in the election with respect to which the books are closed; and within ten (10) days after the receipt of said books and said list the registrars shall prepare a complete list of all persons whose names appear on said book, and who are entitled to vote at said election, arranged alphabetically, with white and colored voters and wards listed separately, and showing all other entries appearing on said books except remarks, and said list shall be prima facie evidence of the right to vote on the part of the persons listed; and persons whose right to be entered on said list is questioned by or before the registrars shall, before being eliminated, be given at least one day's notice and an opportunity to be heard as provided in paragraph 7 of this section; and said registrars shall, at the expiration of said ten (10) days, file with the city clerk the list so made up by them, certified, and shall, before or at the opening of the polls, furnish the managers a certified copy of the same, and no person shall be allowed to vote at said election unless his name appears thereon, and the election managers shall be so governed, and shall enclose said list with their returns of the election, and in all special elections held in and for the city the same procedure and requirements shall be followed, except that the clerk shall close said book five (5) days after the call or order for said special election, and within five (5) days after said closing shall furnish the registrars said book and list, and the list of voters shall be made up within ten (10) days after its receipt, and delivered to the managers as aforesaid; provided further that where precincts are opened in the wards of the city for ward election the registrars shall furnish the managers at such

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precinct with a list of the voters of that ward only, under the same terms and requirements as herein provided; provided, that where a voter has at the time of the election removed into a ward different from that in which he registered, he may vote in the ward in which he moved without re-registering, if he will make an oath, on challenge, that he has not voted in any other ward in that election. Close of registration book before election. List to be prepared by registrars. Filing of list. Special elections. Removal of voter. (5) Within ten (10) days after the passage of this Act or as soon thereafter as is practical the Mayor and Aldermen of the City of Acworth shall appoint three upright and intelligent citizens of the City of Acworth as city registrars for a term until the 1st day of January 1928, and until their successors are elected and qualified; and on the first Friday in January and the first Friday of January of each year thereafter three registrars shall be elected to succeed those whose terms at those times expire; said registrars shall receive such compensation as the governing authority of said city may by ordinance prescribe, and before entering upon the discharge of their duties shall take and subscribe the following oath: Registrars; appointment, etc. I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law and ordinance as city registrar, so help me God. Oath of registrar. (6) Said registrars, when sitting for any hearing before it, involving the right of any person to register or vote, shall have the power to subpoena witnesses and documents and compel their attendance by punishment for contempt, and shall subpoena such witnesses as the defendant in the proceedings may request within one hour before the time set for said hearing. Said registrars shall further have the same power as the governing body of the City of Acworth to punish for contempts committed before it. Powers of registrars. Contempts. (7) Any person who has been unlawfully denied the right to sign the registration book may have his name placed upon the book upon application and satisfactory showing made to the registrars that he is entitled to be

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registered, and in such case, nor in any other, shall the registrars be confined to the evidence by any particular list of qualified or disqualified voters, but may have resort to original sources or lists, and will hear competent oral or written testimony, under oath, concerning all matters touching the matter of the right of the applicant to have his name entered upon the book; and in all other cases and where a person's name appears on the book, whose right to have his name placed upon the list of voters is questioned by or before the registrars, they shall give such person at least one day's written notice of the time and place of hearing the question, such notice to be served either personally upon the party or by having the same left at his most notorious place of abode. The appearance of a person's name upon the registration book shall be prima facie evidence of his right to be registered. Unlawful denial of right to register. Hearing as to right to register. (8) That the registrars shall between July 1st and September 1st of each year, and during the same period every two years thereafter, purge the registration book of all names of voters who at the time have become disqualified under section 2, article 2 of the Constitution of Georgia of 1877, or who no longer reside within the city, or who are dead, or who are defaulters in the payment of taxes lawfully demanded of them, for a period of two years. In all cases where the right of a person to have his name upon the registration book is questioned, the registrars shall notify such person as in paragraph 7 of this section provided, and when final decision is made that any person's name shall be purged from said book, the registrars shall enter the word purged on and over the named to be purged, and the cause, and sign their names thereto; and no name so purged shall thereafter be entered upon any list of voters prepared by the registrars as in this Act provided, until after the voter has re-registered. Purging registration book. Sec. 8. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith shall be and the same are hereby repealed. Approved July 14, 1927.

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ALBANY CITY LIMITS; STREET LIGHTING. No. 67. An Act to amend the Act creating and establishing a new charter for the City of Albany, approved August 18, 1923, by striking section 1 of said Act as amended defining the fire limits of said city, and inserting a new section in lieu thereof defining the limits of said city; also by amending section 33 of said Act by adding thereto a provision for the erection of a white-way lighting system within the fire limits of said city, and providing for assessing the cost of same against the abutting-property owners, and for the collection 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 the Act creating and establishing a new charter for the City of Albany, approved August 18, 1923, as amended, be and the same is hereby amended as follows, to wit: By striking section 1 of said Act as amended defining the city limits of said city and inserting a new section 1 in lieu thereof, defining the limits of said city as follows: 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 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 2864 feet to a corner stone, thence south to a corner stone at the present south line of what is commonly known as Gillionville Road, then 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

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Slappy Drive to a corner stone at a point where the south side of South Street extended west would intersect 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 suburban 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, thence run a line east 214 feet to a corner stone, thence continue east 4560 feet to a point marked by a corner stone which 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 seventh Street of said city would, if extended east, intersect, thence run west along said north line of Seventh Street to the east line of the right of way of the Central of Georgia 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 Ninth 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

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point; provided, that for the purpose of the exercise by the authority of said city of police power and authority over oftenses, 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. Police limits. Sec. 2. Be it further enacted by the authority aforesaid, that said Act be further amended as follows, to wit: (1) By inserting in section 33 of said Act, in line four of said section and after the words sidewalks of said city, the following words, to wit: And to light the streets within the fire limits of said city by means of white way electric lights whenever such service may be requested by written petition of not less than fifty-one per cent. of the property owners within the section to be so lighted, notice of the filing of such petition to be published in any Albany newspaper once a week for two weeks, in which notice of a

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hearing on said petition shall be given, and the action on said petition and objections thereto (if any be filed) shall be final except as hereinafter provided, the installation of said white-way system to be paid for by the property owners as hereinafter provided, the electric current for the operation of said lights to be paid for by the said city. White-way lights. Sec. 3. That all the provisions of said section 33 and said Act hereby amended, except those which may be in conflict with this amendment, are hereby made applicable to the lighting of the streets of Albany as herein provided, and all laws or parts of laws in conflict herewith are hereby repealed. Approved July 30, 1927. ALMA CHARTER AMENDMENTS. No. 235. An Act to amend an Act to provide a new charter for the Town of Alma (now the City of Alma) approved August 21, 1906, by adding thereto a provision confering upon the Mayor and Council of said City of Alma power and authority to appoint two managers of election in and for the City of Alma, Georgia, who shall be freeholders, together with one alternate, who shall act whenever the judicial officer now empowered by law to act in said elections shall be absent or disqualified at the time of opening the polls; to fix the rate of special school tax in said city not to exceed eight mills on each dollar of taxable property in said municipality; subject to ratification at an election to be held for said purpose; to change the qualification of voters at city elections by repealing the provisions requiring voters at said elections to be qualified to vote for members of the General Assembly of Georgia; to authorize and empower the Mayor and Council of said city to provide by ordinance or resolution for paving the sidewalks in said city, including in the term paving, grading, excavating, engineering and all other things usual and incident to the proper

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paving of sidewalks; to prescribe the nature of the material to be used for such purpose, the manner in which the same shall be paved (whether by contract or otherwise), together with the width and length of said paving, and to provide funds for paying for said improvements by local assessment against all abutting landowners, to be assessed in proportion to the lineal frontage abutting on said sidewalks, the pro rata share of each abutting landowner to be calculated in accordance with the ratio which each abutting landowner's front footage bears to the whole property front footage along said sidewalk, the amount of each paving assessment to constitute a lien against the abutting property in every instance, said lien to be superior to all other liens except such as are made by law superior thereto; whether said lien be created before or after said improvement is made; to provide for the payment of said assessment by said abutting landowners, in ten equal annual installments, name a day on which the first installment shall fall due, and provide for interest, not to exceed seven per cent. per annum on the deferred payments, and making, provision for payment, without such interest, in case the whole amount of any given assessment is paid in full on or before the day on which the initial installment shall fall due; also, power and authority to issue execution against all said abutting land or the owners thereof respectively, when default in the payment of any installment is made, after the same shall have become due; to make said debt and executions assignable in writing, and enforceable in the hands of the assignee; to make provision by affidavit of illegality against any payment of any part or the whole or any one or more installments aforesaid, if any defense shall exist, said affidavits to be made returnable to the Superior Court of Bacon County; to amend section seventeen of said Act by adding after the last line of said section, the words: Provided said special school tax shall not exceed eight mills on each dollar of taxable property within the limits of said City of Alma, 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 the authority of the same, that an Act to provide a new charter for the Town of Alma in the county of Appling (and now the City of Alma, in the county of Bacon) approved August 21, 1906, be amended in the following particulars, to wit: Section 1. The Mayor and Council of the said City of Alma, formerly the Town of Alma, shall have power and authority to appoint, at any time before any election, held under the charter and by laws of said City of Alma, two managers of election, together with one alternate manager, said alternate manager to act only in the absence or disqualification of the judicial officer authorized by law to assist in the conduct of any such election, the said two managers and the said alternate manager to be freeholders and citizens of said City of Alma, and not otherwise disqualified to act by reason of any legal requirement. Election managers. Sec. 2. Be it further enacted, that the Mayor and Council of the City of Alma are authorized and empowered to levy and collect annually a special school tax not to exceed eight mills on every dollar of taxable property within the corporate limits of said municipality now taxable under the law, said special school tax to be in addition in and supplementary of the general school fund received from the State of Georgia. Provided this section shall be ratified at an election held for that purpose, as provided by law. School tax. Referendum. See Sec. 4. Sec. 3. That the provision, now contained in the charter of said city, requiring a voter at city elections held in said city to be qualified to vote for members of the General Assembly, is hereby repealed and shall no longer be among the qualifications entitling one otherwise qualified under said charter to vote in any city election. Repeal of qualification of voter. Sec. 4. That section 17 of the Act hereby sought to be amended and which constitutes the charter of the City of Alma be and the same is hereby amended by inserting after the last line of said section seventeen the following word, to wit: provided said special school tax shall not

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exceed eight mills on each dollar of taxable property within the limits of said City of Alma. So that said section when amended shall read as follows: Be it further enacted by the authority aforesaid that the Mayor and Council of the Town of Alma shall have power and are hereby authorized to designate such special tax as they may think best, in supplementing the school fund of said town, not in conflict with the charter of said town and the laws of this State; provided said special school tax shall not exceed eight mills on each dollar of taxable property within the limits of the said City of Alma. School tax. Sec. 5. Be it further enacted that the Mayor and Council of the City of Alma shall have power and authority at any time, when in their discretion the same becomes necessary or advisable, to pave the streets of said municipality or any one or more of them, and provide by ordinance or resolution for paving the same (the term paving to include grading, excavating, engineering, and all other things incident to the proper paving of sidewalks); prescribe the material to be used for such paving, the manner in which the same shall be done, whether by contract or otherwise, together with the width and length or extent of said paving, provide funds for financing said improvement, by local assessment against all abutting land owners, who shall be assessed in proportion to the lineal frontage on the sidewalk selected to be thus paved and that shall be thus improved, the pro rata share of the expense to be paid by each abutting owner to be calculated in accordance with the ratio which his, her or its abutting linear front footage along said sidewalk bears to the whole property linear front footage along said sidewalk. The amount of each paving assessment aforesaid shall constitute a lien against said abutting property, before or after the paving is started, in favor of said city and its assignees, to be superior to all other liens that are not by law made superior to the same. Paving. Assessments. Sec. 6. Be it further enacted that the Mayor and Council of the City of Alma shall have full power and authority to formulate and provide a plan for the payment of said

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assessments by said abutting land owners, in ten equal annual installments, and provide for the payment of interest, not to exceed seven per cent. on all deferred payments, computed annually; to designate a day on which the first or initial installment of said assessment shall become due and payable, all interest aforesaid to be calculated from the day thus designated; also to provide in addition for payment of the entire assessment without interest in cases where the entire amount of any individual assessment shall be paid in a lump sum on the day designated for the payment of the initial installment. Payment of assessment. Sec. 7. When said city shall, by resolution or ordinance, declare to have any sidewalk in said city paved, and to charge the abutting property owners with the entire expense thereby incurred, said city shall publish the ordinance or resolution, authorizing the paving of said sidewalk, in a newspaper published in said city, once a week for two weeks, before commencing the said improvement; and if there is no newspaper published in said city, then in the newspaper in which the sheriff of Bacon County publishes the legal advertisements, which said ordinance or resolution shall describe the sidewalk or sidewalks to be paved, the kind of materials to be used, the entire cost of the improvement, whether the same is to be done by contract or otherwise, make provision for the payment of the same by the abutting land owners in ten equal annual installments, name a day on which the first installment shall become due and payable, the rate pro rata in dollars and cents, in case dollars alone will not express it, of the cost per linear foot of frontage, the rate of interest on the deferred payments, with provision for no interest in cases where the entire individual assessment is paid in a lump sum on the day on which the first installment falls due; create a lien on said abutting lands for the payment of the debt created as aforesaid, against each abutting land owner, and provide for the collection of the same when due, by execution against said abutting lands and the owners thereof respectively. Said notice shall be all the notice necessary to be given to

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said abutting land owners, to bind said abutting lands and said abutting land owners respectively, for each abutting land owner's respective portion of the expenses incurred legitimately in making the improvement declared for by said Mayor and Council, as aforesaid. Said ordinance or resolution shall likewise make provision, by affidavit of illegality, for any and all defenses, legal and equitable, that may be urged against the payment of any portion or the whole of said assessment, said affidavit of illegality, when filed to any levy involving the payment of one or more installments of said assessment on the property of any abutting land owner, shall be returned to the Superior Court of Bacon County and there tried in accordance with the rules of law applicable to the filing, return and trial of affidavits of illegality. Any abutting land owner interested in said improvement may, by himself, his agent, attorney at law, or tenant in possession, file with the clerk of the Council a denial of the lineal front footage accredited to him, within fifteen days from the last day of the publication of said ordinance or resolution, and, when so filed, the same shall be enquired of by the Mayor and Council at the next regular meeting following the filing of said denial, at which said meeting, if not continued, the matter in controversy shall be decided by said Mayor and Council. Whereupon work on said paving may be commenced without further delay. The whole amount or any portion of the debt thus created against every abutting land owner, together with the lien in favor of the City of Alma aforesaid, securing the payment of the same, shall be assignable in writing, and in like manner shall be assignable, the executions issued by said city to enforce the payment of said obligations, and shall be as valid as transferred tax execution, in the hands of the assignee or transferee, and enforceable after the same manner. Ordinance authorizing paving; publication of notice. Affidavit of illegality. Issue as to frontage; time limit. Lien assignable. Sec. 8. Be it further enacted that all Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927.

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AMERICUS CHARTER AMENDMENTS. No. 73. An Act to repeal an Act entitled An Act to amend section 45 of the charter of the City of Americus, approved November 11, 1899, so as to make the police commissioners elected by the people, to change the number of said commissioners from five to four, and to make the Mayor of Americus a member of the Board of Commissioners and the chairman thereof, and for other purposes, approved December 15, 1902 (Acts 1902, pages 326-328), and to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus, to extend the corporate limits of said city and for other purposes, approved November 11, 1899 (Acts 1899, pages 961 to 975), so as to abolish the Board of Police Commissioners, and, in lieu thereof, to vest all right, power, control, authority and supervision of and over the Chief of Police and all other public officers and policemen, in the Mayor and City Council of Americus, including their selection, compensation, duties, terms and conditions of employment and discharge, 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 entitled An Act to amend section 45 of the charter of the City of Americus, approved November 11, 1899, so as to make the police commissioners of Americus elected by the people, to change the number of said commissioners from five to four, and to make the mayor of Americus a member of the Board of Commissioners and the chairman thereof, and for other purposes, approved December 15, 1902 (Acts 1902, pages 326, 327 and 328), be and the same is hereby repealed in its entirety. Repeal of Act to amend Section 45 of charter, as to police commissioners. Sec. 2. That an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus, to confer additional power upon the

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Mayor and City Council of Americus, to extend the corporate limits of said city, and for other purposes, approved November 11, 1899 (Acts 1899, pages 961 to 975 inclusive), be and the same is hereby amended by striking in its entirety section 45 (Sec. XLV) of said Act and substituting in lieu thereof a new section to be numbered Sec. XLV, as follows: Substitute for Section 45 of charter. To read. Sec. XLV. From and after the passage and approval of this Act all right, power, control, authority and supervision of and over the Chief of Police and all other public officers and policemen shall be and the same is hereby vested in the Mayor and City Council of Americus, including their selection, prescribing their compensation, defining and regulating their duties and requiring the proper performance thereof, and prescribing the terms and conditions of their employment and discharge. The Mayor and City Council of Americus may, be appropriate ordinance, fix, define and prescribe. Supervision of police by mayor and council; powers. (a) The number of officers and men to constitute the police force of the City of Americus; (b) The oath to be taken by the members of said police force; (c) The amount of bond, and the conditions thereof, to be required of all police officers and men before entering upon the performance of their duties as such; (d) The method and terms of suspension and discharge of all police officers and men, either for or without cause, together with the method of preferring charges or accusations against them, and the time and manner of trial; (e) The character of arms to be worn by the police officers and men, when to be worn, together with the uniform and badge of authority; (f) Such other and further rules and regulations as, in the discretion of the Mayor and City Council of Americus, may seem necessary or advisable for the proper control

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of and over said police officer and men and for the good order, peace and general welfare of the City of Americus and the citizens thereof. In addition to the enforcement of all ordinances regularly adopted by the Mayor and City Council of Americus and the performance of all such other duties as may be prescribed or imposed by the Mayor and City Council of Americus, it shall be the duty of all such police officers and men to enforce the penal laws of the State of Georgia, to make arrests, in the manner prescribed by law, of persons violating such State laws, and the Chief of Police shall prosecute the offenders before the Superior Court of Sumter County and the City Court of Americus, of said county. Enforcement of penal laws of State. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. AMERICUS STREET-PAVING ASSESSMENTS. No. 232. An Act to amend an Act entitled An Act to amend an Act approved August 18, 1906, amending section 29 of the charter of the City of Americus, as provided in an Act approved November 11, 1889, by adding after the word frontage, at the bottom of section one of said Act of 1906, etc., approved August 5, 1913 (Acts 1913, pages 490-492), by striking the word five, appearing as next to the last word in section 2 of said Act, and inserting in lieu thereof the word fifteen, so as to authorize the payment of assessments for street paving in not exceeding fifteen annual installments instead of five, 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.

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Section 1. That an Act entitled An Act to amend an Act approved August 18, 1906, amending section 29 of the charter of the City of Americus, as provided in an Act approved November 11, 1889, by adding after the word frontage, at the bottom of section one of said Act of 1906, etc., approved August 5, 1913 (Acts 1913, pages 490-492), be and the same is hereby amended by striking the word five, appearing as next to the last word in section 2 of said Act, and inserting in lieu thereof the word fifteen, so that said section 29 (XXIX) of said Act of November 11, 1889 (Acts 1889, page 968), entitled an Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus, etc., as amended by said Act approved August 18, 1906 (Acts 1906, pages 508 and 509), as amended by said Act approved August 5, 1913 (Acts 1913, pages 490 to 492), as amended by this Act, shall be and read as follows: Section 29 of charter amended. Sec. XXIX. Be it further enacted, that the Mayor and City Council of Americus shall have full power and authority to establish and fix such a system of grading and draining of the streets of said city as may be deemed proper; and shall have power to compel owners and lessees of property to construct and keep in good order the sidewalks in their front. If any owner or lessees shall fail to comply with the requirements of the Mayor and City Council of Americus in this regard, the work shall be done under the direction of the city, and execution shall issue for the cost and expense thereof against such owner or lessee, to be collected as other executions by the clerk and treasurer. To read. Street improvements. (a) Be it further enacted, that the Mayor and City Council of Americus shall have full power and authority to grade, curb, pave and repair the streets and sidewalks of said city and to assess against the property next and adjacent to such streets or sidewalks as may be curbed, repaired or paved, and the owners lessees thereof, the entire cost of such curbing or repairs, and one-third (1-3) of the costs of so much pavement as lies next to and adjacent to such

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property, situated on such street or sidewalk, according to the frontage. Assessments for paving, etc. Provided that when, upon a petition by sixty per cent. of the owners of property adjacent to any street, the Mayor and City Council of Americus shall have full power and authority to order said street or streets paved and to assess against the property next to and adjacent to said street that may be paved and against the owners thereof one half of the entire cost of such paving that lies next and adjacent to such property situated on said street, according to frontage. Whenever the Mayor and City Council shall require, by ordinance, the paving of any street in the City of Americus, under provisions of this section, the Mayor and City Council of Americus may be ordinance provide for the payment of the amount assessed against the property and the owner, for such pavement, in annual installments covering a period not exceeding fifteen years. Annual payments not to exceed 15 years. (b) Be it further enacted, that the Mayor and City Council of Americus shall have the power to enforce the payment of the assessments provided for in this section, against the property next to or adjacent to such streets or sidewalks, and against the owners and lessees thereof, in the manner provided for in section 33 of said Act approved November 11, 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 issued is due and the reason why same is not due by defendant, 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 the balance, and such affidavit so received, together with such execution, shall be returned to the Superior Court of Sumter County and there tried, and the issue determined as in case of illegality, subject to all the pains and penalities provided for in cases of illegality for delay. Enforcement of assessment. Affidavit of illegality.

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Sec. 2. Be it further enacted by the authority aforesaid, that all Acts and parts of Acts in conflict with this act be and the same are hereby repealed. Approved August 15, 1927. ARABI TOWN OFFICERS. No. 291. An Act to amend an Act creating a new charter for the Town of Arabi, Crisp County, Georgia, approved August 20th, 1917, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That section 10 of the Act of the General Assembly of the State of Georgia creating a new charter for the Town of Arabi, Crisp County, Georgia, approved August 20th, 1917, be and the same is hereby amended as follows: By striking said section 10 and substituting in lieu thereof a new section which shall read as follows: Section 10. Be it further enacted that the mayor and four councilmen, who shall be elected as provided herein, shall assume their offices and enter upon this discharge of their duties on the first Wednesday in January succeeding their election and qualification as herein provided, which said newly elected mayor and councilmen shall, at their first meeting or as soon thereafter as practicable, elect a clerk and treasurer, and a town marshal, and such other policemen as they may deem expedient. Said clerk and treasurer and marshal shall hold their offices respectively for one year, and until their successors are elected and qualified, provided they are no sooner removed for lawful cause, provided, the mayor and council may, by resolution, provide for additional policemen to be appointed and removed at the pleasure of the mayor and council. They shall also elect one of their number as mayor pro tem, who, in the absence, sickness, or disqualification of the

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mayor, shall be clothed with all of the powers and charged with all of the duties of mayor of said town. Provided further, that neither the marshal or the clerk shall be required to be a resident of said town at the time of election, must reside therein during their incumbency of office, and provided further that the clerk and treasurer may be selected from among the councilmen, or otherwise, if the mayor and council should see fit. Substitute for Section 10 of charter. To read. Election of officers, etc. Marshal and clerk; eligibility. Sec. 2. Be it further enacted that section 11 of said Act creating a new charter for the town of Arabi shall be further amended as follows: By striking section 11 of said Act and substituting the following: Substitute for Sec. 11 of charter. Sec. 11. Be it further enacted: The mayor of said town shall receive a salary of $50.00. The clerk and treasurer shall receive a salary not to exceed the sum of $150.00, to be fixed annually at the time of election by the mayor and aldermen. The councilmen shall serve without compensation, and the marshal and any policemen selected as herein provided shall receive such salary or compensation as may be fixed by the mayor and council. Salaries. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 19, 1927. ATLANTA CHARTER AMENDMENTS. No. 360. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several

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Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. That the section of the city charter codified in section 104, of the City Code of 1924 be amended by striking therefrom the word biennially and inserting in lieu thereof the words, to serve for a four-year period. Furthermore, by adding to said section the words the assessors having already been elected for a term of two years, this provision is made retroactive so that said terms shall be extended an additional two years, making a full term of four years for each Assessor, so that the same may be uniform. So that this section, when so amended will read as follows: Four-year terms for tax-assessors. Sec. 104. City Tax-Assessorstheir election . The Mayor and General Council shall have full power and authority to elect on the first Monday in July three persons, freeholders, residents of said city, as city tax-assessors and receivers, to serve for a four-year period, who shall hold office as prescribed in 20th section of this act (1874) unless removed by the Mayor and General Council for cause, to be judged by them. The assessors having already been elected for a term of two years, this provision is made retroactive so that said terms shall be extended an additional two years, making a full term of four years for each assessor, so that same may be uniform. To read. Sec. 2. That the charter of the City of Atlanta, as published in the City Code of 1924, be amended by striking from section 40 thereof the words: Three hundred dollars each and inserting in lieu thereof the words six hundred dollars each. Increase of amount in Sec. 40 of City Cove. Sec. 3. That the charter of the City of Atlanta, as published in the City Code of 1924 be amended by striking sections 326 and 291 thereof the words five thousand dollars and inserting in lieu thereof the words six thousand dollars. Increase of amount in sections 326 and 291 of City Code. Sec. 4. The City of Atlanta is hereby authorized and empowered to purchase, own, and operate municipal

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landing fields for the reception, storage, and operation of airplanes; also for the use of the Government in the Air Mail Service, and such fields may be located either within or without the limits of said city and when so purchased and defined, the City of Atlanta is given police jurisdiction over the land so acquired, except as to any part thereof which may be located in some other municipality. Landing fields for airplanes; power to purchase, etc. Police jurisdiction over landing fields. Sec. 4A. Any land or locations leased or purchased or operated by the city of Atlanta as a municipal landing field for the storage and operation of airplanes or for the use of the Government in the air mail service shall be under exclusive jurisdiction and control of said city, and no city or town in which said land may be located shall have or exercise any police jurisdiction over same, nor shall such other municipality or town have authority to pass ordinances regulating the operation of said landing fields. Sec. 4B. Nor shall any other municipality or town have any authority, although said land may be located within its limits, to charge or exact any license fees or occupation taxes for the operation of said landing field therein or for the operation or conduct of any business or occupation thereon. Field not taxable by other municipality. Sec. 4C. Nor shall such other municipality or town have any authority to assess or collect any ad valorem tax against said land as against said City of Atlanta or otherwise where said city might be required to pay same, if held under lease, nor shall such other municipality or town have any authority to lay any improvements in, through or along said property, such as street paving, sidewalks, curbing, sewers, or otherwise, and assess and collect the cost thereof against said land, if owned by the City of Atlanta or under lease contract by the City of Atlanta or otherwise where the City of Atlanta might be called upon the pay or discharge same. Sec. 4D. The City of Atlanta is given full jurisdiction over any land it may own or lease for such landing field, and such landing field shall be under the exclusive control

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and jurisdiction of the City of Atlanta, and it alone shall have the right to pass penal ordinances regulating persons on said landing field or property so owned or operated or leased, and no other municipality or towns shall have any authority to pass penal ordinances governing the conduct of persons or business on such landing fields or regulating the operation or control of the land so selected and used. Power to pass ordinances as to landing field. Sec. 4E. The City of Atlanta shall not be authorized to purchase, operate or lease any land for such landing fields as above described outside a radius of twenty-five (25) miles from the center of said city as now defined. Limit of territory for landing field. Sec. 5. That the charge for water or water service shall at no time be increased for the purpose of providing for deficiencies in any department of the City Government. Charges for water service. The rate of charge for water or water service of said department shall at no time be more than the price fixed for same as of September 1, 1926, provided, however, that said rate or charge may be increased temporarily at any time solely for the purpose of meeting a deficit in the waterworks department caused by any emergency. This amendment shall not become effective until the present school deficit of 1926 shall have been retired. Sec. 6. Be it further enacted by the authority aforesaid as follows: The Park Committee composed of five members of the General Council of the City of Atlanta, Georgia, is hereby made a charter committee. Said committee shall have full authority over all municipally owned parks, playgrounds, golf courses and other amusement centers of Atlanta, and to make rules and regulations governing operation, regulation and control of same, to elect a General Manager of Parks, and such other employees as are necessary for the parks, golf courses and recreation centers. The present person now serving as General Manager shall serve till January 1st, 1931. Thereafter said committee shall elect a successor, who shall serve for a term of

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four (4) years, and every four (4) years a successor shall be elected. The committee action shall be final. Park committee made charter committee; powers. General manager; term of office. Committee action final. Sec. 7. That the mayor and general council shall have no authority or power to sell, exchange, farm out, lease out, or in any way alien the property known as Grant Park, Piedmont Park, Maddox Park, Mozley Park, Candler Park, Oakland City Park, Adair Park, James L. Key Golf Course, and Pershing Point Park, and others subsequently acquired, but same shall remain as now established; and all contracts, negotiations, grants, leases, or other forms of transfer in violation of this Act are declared void and of no effect as against the city, and any official voting therefor shall be deemed guilty of violating his duty, and subject to impeachment and removal from office therefor; provided, however, the provisions of this section shall not apply to the sale, exchange, or alienation of such articles or equipment of said parks as are worn out or useless or which for the betterment of the service can be advantageously substituted by new or improved machinery or equipment. Parks not to be sold or leased, etc. Proviso as to useless equipment. Sec. 8. That the present charter be amended by adding to the section thereof numbered 229 of the City Code of 1924 the following language: Provided further, said Mayor and General Council or other officers above named, are authorized to make exchanges of portions of said property whenever it is to the advantage of the city, in order to secure better roads and approaches to, from, or around said property. Section 229 of City Code amended. Exchange of property. Sec. 9. That the charter of the City of Atlanta as set out in Section 373 of the City Code of 1924 be amended by striking therefrom the last paragraph of said section providing that there shall be no ex-officio members of the Board of Education either by the Mayor or Chairman of School Committee, and inserting in lieu thereof the following: Section 373 of City Code amended. (Subject to referendum.) The Chairman of the School Committee of the General Council shall be an ex-officio member of the Board of Education, during his term of office, and shall have all the rights and powers of any other members of said board. Chairman of School Committee, ex-officio member of Board of Education.

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Further, that said section be amended by increasing the number of the members of the Board of Education from one to each ward by adding to said number the Chairman of the School Committee as herein provided. Sec. 10. That the Charter of the City of Atlanta be amended by adding to same as published in section 377 of the City Code of 1924 the following: Section 377 of City Code amended (subject to referendum.) Provided, however, that the annual budget prepared by the Board of Education shall be prepared and presented to the Mayor of said City not later than January 10th of each year and shall receive the approval of the Mayor before same becomes final and of effect. If the Mayor disapproves said budget, same may be passed over his disapproval or veto by a two-thirds vote of the members of the Board of Education at a regular or duly called meeting of said board at which a quorum is present. Should said board fail to adopt a budget approved by the Mayor or passed over his veto as above provided, prior to January 15th of any calendar year, the operation of the funds herein provided or set apart for the Board of Education by this section shall be administered by a committee composed of the chairman of the Finance Committee of General Council of said city, the City Comptroller and Board of Education. Said finances shall be so administered until such time as the budget is duly adopted by said board and approved by the Mayor as herein provided. Until such budget has been finally passed as herein provided, said committee shall administer the finances set apart for the use of said board under the budget for the preceding year, provided it may make revisions in same as in its judgment may be deemed advisable. Annual budget of Board of Education. Administration of funds. In no event shall the budget when finally adopted exceed the amount set apart for the use of the Board of Education for the operation of public schools of the City of Atlanta from all sources. Members of said board, except such members as may have their votes recorded against illegal expenditures, shall be held liable for any expenditures

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in excess of the amount specified in the budget. Said budget shall be subject to revision and reallocation of funds in June and October of each year, but said revision and reallocation of such funds must receive the approval of the Mayor as above provided. His veto may be overriden in the same manner as above provided with reference to the annual budget. Liability for expenditures in excess of amount set apart. Revision of budget. The original provisions of this section as hereby amended to conform to the provisions herein set out and the control of the board over the distribution and disbursement of the apportionment made to it each year are limited and restricted and shall be accommodated to the provisions of this amendment. The provisions of section 9 and 10 of this amendment shall not become effective unless ratified by a majority of the votes at the general city election in December 1927, and it shall be the duty of the city council to have the ballots for such election prepared accordingly, and if said sections are then ratified by the voters, same shall become effective as of January 1st, 1928. Referendum as to sections 9 and 10 of this Act. Sec. 11. The Mayor and General Council of said city are hereby empowered and given full authority to acquire, own or lease lands or any interest in same, either within or without the limits of the city, for any legitimate municipal purpose, and when said lands are so acquired said city is given authority to operate, control and use same for any municipal purpose and make appropriations for the upkeep and operation of same for the purposes named, in the same manner as lands and interests in same are operated and maintained within the city limits, and shall have police jurisdiction over said lands. Authority to acquire or lease land for city purposes, etc. Sec. 12. That all provisions of the present charter giving property owners the option to lay sidewalks and curbing be and the same are hereby stricken and withdrawn. Hereafter such power shall be exercised only by direction of Mayor and General Council. Sidewalks to be laid only by city.

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In carrying this amendment into effect the provisions of the city charter set out in section 286 of the City Code of 1924 be amended by striking therefrom the words: Upon failure of any person to comply with same within the time prescribed, are hereby stricken, but the remainder of said section shall stand as printed, and any other provisions of the charter providing for a like option to the property owners are stricken as above provided, and full authority is hereby vested in the Mayor and General Council to have sidewalk and curbing laid in their discretion and to collect for same in the manner now provided in the charter. Section 286 of City Code amended. Sec. 13. The Mayor and General Council of said city are hereby authorized to make annual contributions to Georgia School of Technology, especially apportioned for the upkeep, building and maintenance of the said school. Authority to make contributions to School of Technology. Sec. 14. The Mayor and General Council of said city are hereby authorized to make the term of Chief of Sanitary Department, or whatever officer fills this office, four years instead of two years, as now provided, and they are further authorized to make this provision, to wit: four-year term applicable to the term of the present officer, whereby said term may be extended from two to four years. Authority to increase term of Chief of Sanitary Department. Sec. 15. That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 23, 1927. ATLANTA PLANNING AND ZONING. No. 65. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 20, 1874, and the several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act

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establishing a new charter for the City of Atlanta, approved February 20, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. That there shall be created as a part of the government of the City of Atlanta a commission to be known as the City Planning Commission, which commission shall consist of six citizens to be appointed by the Mayor, with the Mayor as an ex-officio member thereof. Planning Commission created. Sec. 2. Said commission shall have all the power here-inafter set forth, and, in addition thereto, such powers as may be proper and consistent with the organization and operation of said commission as may be established by ordinance passed by the Mayor and General Council, and an office shall be provided for said commission at the City Hall, if possible, at which to hold its meetings, transact its business, and keep its records. 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 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 Mayor and General Council. Powers. Sec. 3. It shall be the duty of said commission and they shall have power to recommend or make suggestions to the General Council and to all other authorities concerning the laying out, widening, extending and parking or location of streets, sidewalks and boulevards; the relief of traffic conditions, congestion, and development of housing and sanitary conditions, and the establishment of zones or districts, suggestions concerning the use, height, area and build of buildings or structures; to recommend to the General 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

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of the city, looking towards the proper sanitation and especially service by public utilities, and generally to do and perform any and all other acts and things necessary or proper to carry out the provisions of this Act; to study and propose such measures as may be advisable for the promotion of public interests, health, morals, safety, comfort, convenience and welfare of said city. In this connection said commission shall have authority to make similar suggestions to the General Council, the Commissioners of Roads and Revenues of Fulton County and the General Assembly of Georgia with reference to an area covering six miles adjacent to the present limits of the City of Atlanta. Recommendations. Suggestions as to area outside city. Sec. 4. Said commission shall have authority to investigate and make recommendations concerning all plans for sewers, both sanitary and stormwater, where placed in any property or subdivisions or lots which are intended to be sold. Sewer plans. Whenever said city undertakes the erection of a publice building aside from school buildings, the buildings here referred to constitute buildings to be owned and controlled by the City of Atlanta, the plans and locations thereof must first be submitted to the commission and receive its approval before the erection of such building is begun. Building plans, etc., approval of. Said commission shall have authority to make recommendations to all parties, corporations or public authorities with reference to the erection of buildings, structures or work to be erected or remodeled, and such persons or authorities shall have authority to call upon the commission for a report as to the construction, placing or designing of buildings or other structures and improvements or objects of art. Sec. 5. All officials of said city shall at all times render assistance to said commission when it calls upon them for such service. Assistance by officials.

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Sec. 6. The Mayor and General 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. Said 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 devices 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 for work of commission. Gifts, etc. Sec. 7. Said commission shall prepare and submit to the General Council a comprehensive plan for zoning 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 General 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 plans. Sec. 8. No ordinance or resolution authorizing any buildings, works or improvements, where same is done by authority of the city or for the benefit of the city shall be passed by the General Council unless same shall have first been submitted to the commission for its consideration and had report thereon. Afterwards the General 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 Atlanta, except school buildings; viaducts, bridges, street fixtures and other street structures and appurtenances; opening, widening, vacation or extension of any street. Ordinances to be submitted to commission before passage.

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Sec. 9. Where any ordinance or resolution relating to the matters just named are introduced in the General Council, the City Clerk shall, upon its introduction, refer such ordinance or resolution to the commission, and the General 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 General Council may take it up and pass same without such report. Delay of action on ordinance until report. Sec. 10. Zoning. Regulation . The Mayor and General Council may, in the interest of the public health, saftery, 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 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 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 the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of premises, or upon any other basis or bases relevant to the promotion or the public health, safety, order, morals, conveniences, prosperity or welfare. Zoning regulations. 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

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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 the General Council. Provisions as to residence sections. Three-fourths vote. Preparation of Plan; Notice and Hearing; Ordinance . No ordinance adopting zoning regulations as above authorized shall be passed by the Mayor and 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 notice of the time and place thereof in a newspaper in general circulation in the city; and during said time 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 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 Mayor and General Council. Notice and hearing as to zoning ordinance. Three-fourths vote. 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 be first 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 50 per cent. of the land in any area shall present a petition duly signed and acknowledged to the

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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 90 days of the filing of same by the petitioners with the City Clerk. Amendment of zoning ordinance. 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 Mayor and General 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 Mayor and General 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 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; powers. 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. 11. The provisions of this Act shall be effective on and after the adoption of the proposed constitutional amendment authorizing zoning by certain cities, same to be submitted to the next general election. If this amendment is adopted, then this Act is valid and shall thereafter be enforced. If said Amendment is defeated, then this act shall be null and void. Effective when. Approved July 27, 1927.

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ATLANTA TERRITORIAL LIMITS EXTENDED. No. 81. 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 beyond the limits as now defined, so as to take in the territory now included in what is known as the limits of the Town of East Lake, DeKalb County, Georgia, and more particularly described as follows: All that tract or parcel of land situated, lying and being in land lots Nos. 171, 172, 173, 180, 181, 202, 203, 204 and 205 of the fifteenth district of DeKalb County, Georgia, beginning on the north side of Kirkwood Boulevard, formerly Boulevard DeKalb, where the right of way of the Georgia Railway and Power Company, leading from Atlanta to Decatur, Georgia, crosses said Boulevard, and running northeasterly along said Georgia Railway and Power Company's right of way two hundred (200) feet, more or less, to the north side of any alley; thence east along said alley two hundred fifty (250) feet, more or less, to the west side of First Avenue; thence northerly along the west side of First Avenue to the north side of Northern Street; thence easterly along the north side of Northern Street to the Fayetteville Road two hundred fifty (250) feet, more or less; thence easterly to a point three hundred (300) feet west of East Lake Drive; thence northerly parallel with East Lake Drive to the north side of Pharr Road; thence easterly along the north side of said Pharr Road to McDonough Road or Candler Street; thence crossing Candler Street and continuing due east four hundred (400) feet; thence south parallel with McDonough Road to a point four hundred (400) feet east of McDonough Road on a line with the extension of the north side of Morgan Street; thence due west four hundred (400) feet to McDonough Road or Candler Street; thence south along the east side of McDonough Road until it strikes the north and south land lot line between land lots numbers 182 and

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183; thence south along the land lot line to the middle of Glenwood Avenue, sometimes called East Lake Avenue, or Wade Road; thence west along the middle of Glennwood Avenue to the west line of Lakeview Boulevard; thence south two hundred (200) feet; thence due west and running at a distance of two hundred (200) feet south from the line between land lots 171 and 183 to the west land lot line of land lot 171; thence north along said land lot line two hundred (200) feet; thence west on said north land lot line between land lots 181 and 172 nine hundred (900) feet, more or less, to the east side of Johnson Avenue; thence north two hundred and fifty (250) feet, more or less, to the south boundary line of the Atlanta Athletic Club grounds; thence east along the south boundary line of said club grounds two thousand five hundred fifty (2,550) feet, more or less, to the southeastern corner of said grounds of Lakeview Boulevard; thence north along the west side of Lakeview Boulevard one thousand eight hundred and forty-eight and five-tenths (1,848-5/10) feet to the south side of Morgan Street; thence west along the south side of Morgan Street forty-four hundred (4,400) feet, more or less, to the east side of Second (formerly Skiff) Avenue; thence south along the east side of Second Avenue sixteen hundred forty (1,640) feet; thence east parallel with Glennwood Avenue, sometimes called West Lake Street, thirteen hundred sixty (1,360) feet; thence south four hundred fifty (450) feet to the land lot line between land lots 181 and 172 and between land lots 180 and 173, to a point nineteen hundred (1900) feet west of Second Avenue, formerly Skiff Avenue; thence extending due north two hundred (200) feet to Glenwood Avenue, and crossing said avenue and continuing due north at a distance of nineteen hundred (1900) feet west from Second Avenue to the corporate limits of formerly the Town of Kirkwood, now the City of Atlanta, in the center of Fair Street; thence east along the center of East Fair Street and dividing line between Atlanta and East Lake, three hundred (300) feet, more or less, to a point two hundred ten (210) feet, more or less, west of the west side of Junction Avenue,

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said point being opposite the west side of a ten-foot alley, said point being on the west line of the established line between Atlanta and East Lake; thence north along the west side of said alley or dividing line a distance of four hundred (400) feet, more or less, and continuing north parallel with Junction Avenue and along said dividing line to the right of way of the Georgia Railway and Power Company's East Lake and Decatur car line; thence easterly along the south side of said right of way two hundred ten (210) feet, more or less, to East Lake Junction; thence northeasterly crossing the East Lake line and following the southeast side of the right of way of the Decatur branch of said car system to the beginning point on the north side of Kirkwood Boulevard, formerly Boulevard DeKalb. Being all of the land now embraced within the corporate limits of the Town of East Lake, Georgia. Extension of city limits to include Town of East Lake. To extend the jurisdiction of the City of Atlanta over all said territory and make the ordinances thereof binding on the persons and property of said territory, to authorize the Mayor and General Council to redistrict the City, so as to include all said territory in one of the wards thereof, or create a new ward; to make such changes and pass such ordinances as may be necessary in readjusting the city limits as herein extended. Wards. 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: Section 1. That the limits of the City of Atlanta be extended beyond the limits as now defined, so as to take in the new territory included between the present limits and the following boundary line: All that tract or parcel of land situated, lying and being in land lots Nos. 171, 172, 173, 180, 181, 202, 203, 204, and 205 of the Fifteenth District of DeKalb County, Georgia, beginning on the north side of Kirkwood Boulevard, formerly

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Boulevard DeKalb, where the right of way of the Georgia Railway and Power Company, leading from Atlanta to Decatur, Georgia, crosses said Boulevard, and running northeasterly along said Georgia Railway and Power Company's right of way two hundred (200) feet, more or less, to the north side of an alley; thence east along said alley two hundred fifty (250) feet, more or less, to the west side of First Avenue; thence northerly along the west side of First Avenue to the north side of Northern Street; thence easterly along the north side of Northern Street to the Fayetteville Road; thence northeasterly along the northwest side of said Fayetteville Road two hundred fifty (250) feet, more or less; thence easterly to a point three hundred (300) feet west of East Lake Drive; thence northerly parallel with East Lake Drive to the north side of Pharr Road; thence easterly along the north side of said Pharr Road to McDonough Road or Candler Street; thence crossing Candler Street and continuing due east four hundred (400) feet; thence south parallel with McDonough Road to a point four hundred (400) feet east of McDonough Road on a fine with the extension of the north side of Morgan Street; thence due west four hundred (400) feet to McDonough Road or Candler Street; thence south along the east side of McDonough Road until it strikes the north and south land lot line between land lots numbers 182 and 183; thence south along the land lot line to the middle of Glennwood Avenue, sometimes called East Lake Avenue, or Wade Road; thence west along the middle of Glenwood Avenue to the west line of Lakeview Boulevard; thence south two hundred (200) feet; thence due west and running at a distance of two hundred (200) feet south from the line between land lots 171 and 183 to the west land lot line of land lot 171; thence north along said land lot line two hundred (200) feet; thence west on said north land lot line between land lot 181 and 172 nine hundred (900) feet, more or less, to the east side of Johnson Avenue; thence north two hundred and fifty (250) feet, more or less, to the south boundary line of the Atlanta Athletic

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Club grounds; thence east along the south line of said club grounds two thousand five hundred fifty (2,550) feet, more or less, to the southeastern corner of said grounds at Lakeview Boulevard; thence north along the west side of Lakeview Boulevard one thousand eight hundred and forty-eight and five-tenths (1,848-5/10) feet to the south side of Morgan Street; thence west along the south side of Morgan Street forty-four hundred (4,400) feet, more or less, to the east side of Second (formerly Skiff) Avenue; thence south along the east side of Second Avenue sixteen hundred forty (1,640) feet; thence east parallel with Glenwood Avenue, sometimes called West Lake Street, thirteen hundred sixty (1,360) feet; thence south four hundred fifty (450) feet to the land lot line between land lots 172 and 181; thence west along said north land lot line between land lots 181 and 172 and between land lots 180 and 173, to a point nineteen hundred (1900) feet west of Second Avenue, formerly Skiff Avenue; thence extending due north two hundred (200) feet to Glennwood Avenue, and crossing said avenue and continuing due north at a distance of nineteen hundred (1900) feet west from Second Avenue to the corporate limits of formerly the Town of Kirkwood now the City of Atlanta, in the center of Fair Street; thence east along the center of East Fair Street and dividing line between Atlanta and East Lake, three hundred (300) feet, more or less, to a point two hundred ten (210) feet, more or less, west of the west side of Junction Avenue, said point being opposite the west side of a ten-foot alley, said point being on the west line of the established line between Atlanta and East Lake; thence north along the west side of said alley or dividing line a distance of four hundred (400) feet, more or less, and continuing north parallel with Junction Avenue and along said dividing line to the right of way of the Georgia Railway and Power Company's East Lake and Decatur car line; thence easterly along the south side of said right of way two hundred ten (210) feet, more or less, to East Lake Junction; thence northeasterly crossing the East Lake line and following the southeast side of the right of

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way of the Decatur branch of said car system to the beginning point on the north side of Kirkwood Boulevard, formerly Boulevard DeKalb. Being all of the land now embraced within the corporate limits of the Town of East Lake, Georgia. Territory included. Sec. 2. The Mayor and General Council of the City of Atlanta are hereby authorized and empowered to redistrict the wards of the City so as to include said territory in one of the wards thereof and to make such changes and pass any ordinances, as may be necessary or advisable in re-adjusting the limits, as herein extended. Wards. Sec. 3. The power and authority of the City of Atlanta under its present charter and ordinances and all laws appertaining to the city of Atlanta as a municipality are hereby extended over and made effective in every part of the territory covered and included within the limits as prescribed by the terms of this Act. The power and authority of the officers of the City are made co-extensive with the limits as extended by this Act and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business, issuing executions for and in cases of default, selling 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 Department of Health. Schools, Police Department, City Tax Assessors, Receivers, Tax Collectors, Marshal, Recorder, Building Inspector, and all other departments and offices 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. The said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of said bonds equally with the former territory of the City of Atlanta, this law to take effect January 1, 1928. Charter, ordinances, etc., extended over new territory.

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Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. ATLANTA TERRITORIAL LIMITS EXTENDED. No. 281. 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. Section 1. 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 several laws creating the City of Atlanta be and the same are hereby amended so as to include and embrace within the corporate limits of the City of Atlanta the following parcels of territory to wit: All that tract or parcels of land lying and being in land lots 142, 143, 146, 147, 174, 175, 176 and 178 of the 15th District of DeKalb County, Georgia, and beginning at a point on the existing city limits of the City of Atlanta, 200 feet distant at right angles in the southwesterly direction from the center of Flat Shoals Road; thence in a southwesterly direction 200 feet distant and parallel with Flat Shoals Road and East McDonough Road to a point opposite and due west of the center line intersection of East McDonough Road and Fayetteville Road; thence due east across said intersection to a point 200 feet distant at right angles in a southeasterly direction from the center of Fayetteville Road; thence in a northeasterly direction 200 feet distant and parallel with said Fayetteville Road to a point 200 feet distant at right angle in a northeasterly direction from the center of Flat Shoals Road; thence in a northwesterly direction 400 feet distant from and parallel with said Flat Shoals Road to a point 200 feet distant at right angles in an easterly direction from the center of Clay Street; thence in a northerly direction 200

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feet distant from and parallel with said Clay Street to the center of Glenwood Avenue, thence west along the center of said Glenwood Avenue to the center of Clifton Street; thence north along the center of Clifton Street to the center of Fair Street and the present city limits; thence west and south along the existing limits to the point of beginning. Extension of city limits in DeKalb county. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. ATLANTA TERRITORIAL LIMITS EXTENDED. No. 359. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874 and the several Acts amendatory thereof and for other purposes. 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 several laws creating the City of Atlanta be and the same are hereby amended so as to include and embrace within the corporate limits of the City of Atlanta the following parcels of territory, to wit: Extension of city limits. First Parcel. All that tract or parcel of land lying and being in land lots 56 and 57 of the 17th District of Fulton County, Georgia, and beginning at a point on the easterly right of way line of the Southern Railway and 350 feet north from the north side of Rock Springs Road; thence east and parallel with the north side of Rock Springs Road to a point 150 feet east of east side of Boulevard N. E., and measured at right angles to same; thence in a south-easterly direction 150 feet distant from and parallel with said Boulevard to the existing limits at Piedmont Avenue; thence southwest and northwest along the existing limits

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and the easterly right of way line, to the point where the existing limits corner; thence continuing along said right of way line to the point of beginning. Second parcel. All that tract or parcel of land lying and being in land lots 24 and 25 of the 14th District of originally Henry, now Fulton County, Georgia, and beginning at a point 200 feet east, and at right angles, from the center of Boulevard, S. E., and 800 feet north, and at right angles, from the center of Casanova Street; thence in an easterly direction 800 feet distant from and parallel with said Casanova Street, to a point 200 feet east and at right angles to the center of Marion Street; thence in a southerly direction, 200 feet distant from and parallel with said Marion Street, to the center of McDonough Road; thence in a northwesterly direction along said center of McDonough Road to the present limits in the center of said McDonough Road; thence north along the existing limits, 200 feet distant from and parallel with said Boulevard S. E. to the point of beginning, provided, that the Commissioners of Roads and Revenues of Fulton County or the Fulton County Board of Education, or whichever one owns and controls the land, will donate to the city the property known as Benteen school building and the land surrounding same and used for said school. If said parties decline to make this donation, this provision for annexing same shall thereupon become null and void. Third parcel. All that tract or parcel of land lying and being in land lot 89 of the 14th district of originally Henry. now Fulton County, Georgia, beginning at a point in the center of Stewart Avenue 300 feet south of the corner between land lots 104, 105, 88 and 89, same being the point of the present boundary of said city; thence east 230 feet to a point; thence north 124 feet at the existing limits of said city; thence west along same limits to point of beginning. Sec. 2. The power and authority of the City of Atlanta under its present charter and ordinances and all

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laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described on January 1st, 1928. The power and authority of the officers of the city are made co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter; and the laws and ordinances of the City of Atlanta are extended to all the limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshall, Clerk of Council, Building Inspector, Recorder, 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 and under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is like-wise 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. Charter, etc., extended ove new territory. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 23, 1927. AUBURN CHARTER REPEAL REFERENDUM. No. 72. An Act to repeal an Act approved December 20th, 1893, incorporating the town of Auburn in the County of Barrow; to provide for an election to be held before the provisions of this Act shall take effect; to provide the

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method by which said election shall be held, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, and if ratified by a majority of the qualified voters of the town of Auburn as hereinafter provided, that an Act approved December 20th, 1893, entitled an Act to incorporate the town of Auburn in the County of Gwinnett (now Barrow County), and for other purposes, and all Acts amendatory thereof, shall be and the same are hereby repealed, and the charter of the said town of Auburn is hereby repealed and surrendered. Repeal of charter. Sec. 2. Be it further enacted by the authority aforesaid that before the provisions of this Act shall take effect the question of the repeal of said Act shall be and the same is hereby submitted to a vote of the duly qualified voters of said town of Auburn at an election to be held on the 6th day of September, 1927. No person shall be permitted to vote in said election except those who are qualified voters of the town of Auburn, eligible to participate in the election for Mayor and Council of said town of Auburn. T. E. Collins, A. J. Pool and E. S. Anderson shall be the managers to hold said election and shall hold the polls open for the purpose of this election from 9 o'clock a. m. until 6 o'clock p. m., on said date. All persons voting in said election in favor of the repeal of said charter of the town of Auburn shall have written or printed on their ballots the words For repeal of the charter of the town of Auburn, and all persons opposed to the repeal of said charter shall have written or printed on their ballots the words Against repeal of the charter of the town of Auburn; and if a majority of all of the qualified voters within the limits of said town of Auburn shall vote in the affirmative in said election, and this fact is certified by the board of election managers hereinafter named and appointed to the Ordinary of Barrow County, Georgia, then and thereupon the provisions of section 1 of this Act shall

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take effect and the charter of the town of Auburn shall be repealed and surrendered. If a majority of the qualified voters of said town of Auburn shall fail to vote in the affirmative, in favor of the repeal of said charter, the said town of Auburn shall continue to exercise its corporate powers under existing laws. Referendum. Sec. 3. Be it further enacted by the authority aforesaid that the board of managers shall certify, under oath, the results of said election to the Ordinary of Barrow County, Georgia, not later than 12 o'clock noon, September 7th, 1927. If any one of the three election managers named in this Act shall refuse or for any other reason be unable to serve, the remaining members of said board of election managers shall choose his successor or alternate. Certification of result. Sec. 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 30, 1927. AUBURN WORK-GANG PUNISHMENTS, ETC. No. 68. An Act to amend an Act approved December 20th, 1893, incorporating the Town of Auburn, so as to strike the word Gwinnett when the same appears and substitute therefor the word Barrow, to authorize the Mayor of said Town of Auburn to commit persons found of violating municipal ordinances to the county chain-gang of Barrow County for not exceeding ninety days; to provide for the punishment of persons violating said municipal ordinances, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that an Act entitled incorporating the Town of Auburn in the County of Gwinnett approved December 20, 1893, be and the same is hereby amended by striking

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the word Gwinnett wherever the same appears and substituting in lieu thereof the word Barrow. County name changed in town charter. Sec. 2. Be it further enacted by the authority aforesaid that from and after the passage of this Act a county chain-gang of Barrow County shall be and the same is hereby made the work gang of the Town of Auburn. The Mayor of the said Town of Auburn shall have the authority to sentence any person found guilty of violating the municipal ordinances of said Town of Auburn to the county chain-gang of Barrow County for a term not exceeding ninety days, or to fine any person found guilty of violating the municipal ordinances of said Town of Auburn in an amount not exceeding $100.00, or both, at the discretion of said Mayor. The county warden of Barrow County is hereby constituted the warden of the work-gang of the Town of Auburn, and it shall be the duty of the marshal of the said Town of Auburn to deliver to the warden of the Barrow County chain-gang any person sentenced thereto by the Mayor of the Town of Auburn under the provisions of this Act. Work gang. Punishment. Sec. 3. Be it further enacted by the authority aforesaid that it shall be the duty of the Mayor of the Town of Auburn to make proper arrangements with the Ordinary or County Commissioners of said County of Barrow for the maintenance and support of any person sentenced to the said county chain-gang of Barrow County, and the Mayor of said Town of Auburn is hereby authorized to pay all necessary expenses incurred for guarding or maintaining persons committed to said county chain-gang of Barrow County out of any funds belonging to Town of Auburn. Expense of keeping prisoners. Sec. 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 30, 1927.

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AUGUSTA REGISTRY OF VOTERS. No. 243. An Act to amend the charter of the City Council of Augusta; to provide for the permanent registration of voters in the city of Augusta; to authorize the appointment by council of a registrar; to provide the duties and compensation of such registrar; to punish false registration; to provide for the purging of the list of voters; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act there shall be an officer of the City of Augusta known as Registrar of said city, and the city sheriff of the city of Augusta shall be ex-officio city Registrar upon being elected by the city council of Augusta to such office. He shall hold such office contemporaneously with the office of city Sheriff. It shall be the duty of the said Registrar to keep a book or books to be known and designated as the Permanent Qualification Book of qualified voters of the City of Augusta, and all persons now qualified to vote in elections in the City of Augusta shall be eligible to register, and their names shall be recorded alphabetically in said book. Such persons as shall register shall not hereafter be required to register in order to enable them to vote in city elections of the City of Augusta, provided such person so registered shall pay all taxes due the City Council of Augusta, as well as all State, county, school and other taxes which from time to time may be required of them as the same become due. All persons registered as herein provided shall, when they change their place of residence from the ward in which they registered, register again with said Registrars. Registrar. Permanent qualification book of voters. Registration on change of residence. Sec. 2. The said Registrar shall keep open, for the purpose of allowing such persons qualified to register, from the first day of January to the first day of May annually,

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the book or books in which such persons shall register in alphabetical order upon taking the following oath: Time for registration. I do swear or affirm that I am a citizen of the United States; that I am twenty-one years of age or will be on the..... day of..... of this calendar year; that I have resided in this State for one year and in this county for six months immediately preceding the date of this oath, or will have resided before the next regular election; that I have paid all State, county, municipal and other taxes which since the adoption of the constitution of 1877 of this State have been required of me previous to this year, and which I have had an opportunity to pay, that I am not disfranchised from voting by reason of any offense committed against the laws of this State. I further swear or affirm that I reside, and have resided for the past ten days, in the..... Ward of Augusta, at Number..... of..... Street; my age is..... and my occupation is..... Oath of registrant. Said registrar shall administer said oath to every such applicant, and when such applicant takes such oath, said registrar shall require him to state his full name and the location in said ward in which he resides. This location shall be given by the city number when practicable, and when not practicable the applicant shall state the street, alley, lane or road on which he resides and between which streets, alleys, lanes the same may be. Sec. 3. Be it further enacted by the authority aforesaid that it shall be the duty of the Registrar on or before the first day of July, 1928, and annually thereafter, to make up from the registry book a list of all persons who have registered as hereinbefore provided, which said list shall be published twice during the month of July in the official gazette of the City of Augusta for the information of the voters so registered, and it shall be the further duty of the said Registrar to annually purge the said registry list to strike therefrom the name of any person who has failed to pay all taxes due by him as required by law

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for the preceding year, and no person whose name has been stricken from the said registry list shall be permitted to vote in any city election of the City of Augusta until he has paid all taxes due by him. List from registry book. Purging list. Sec. 4. Whenever the name of any person is stricken from the registry list for failure to pay taxes required for him, such person, upon presenting to the Registrar his tax receipts, showing that he is entitled to vote, the said registrar shall reinstate him as a qualified voter. Reinstatement of person stricken. Sec. 5. Be it further enacted by the authority aforesaid that the City Council may prescribe such other duties not inconsistent herewith to be performed by said Registrar as it may from time to time ordain, and that such Registrar shall receive such compensation as the City Council from time to time may decide. Additional entries of Registrar. Compensation. Sec. 6. Be it further enacted by the authority aforesaid that all persons who have registered and qualified as herein provided shall not thereafter be required to register or further qualify as electors of said city except as may be required by said Registrar in the event of change of residence of said elector, provided that no person shall remain registered longer than he retains the qualifications upon which he registered. Permanent registration. Sec. 7. 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, 1927. AUGUSTA PLANNING AND ZONING. No. 276. 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

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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 hereby amended as follows: 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. Planning Commission. 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, and the establishment of zones or districts, suggestions concerning the use, height, area and the bulk of buildings or structures, and plan for the future growth and development and improvement of the municipality. Zoning plans. 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 help. Expenses.

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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 devices of property, and to carry out the general purposes of the same. When such gifts, bequests or devices 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 for commission. Gifts, etc. Duty of officials to assist. 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 herein stated, where undertaken by or on behalf of the City of Augusta, except school buildings, viaducts, bridges, street fixtures and other street structures and appurtenances; opening, widening, vacation or extension of any street. Ordinances as to buildings, etc., to be submitted before passage. 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. Report on ordinance. Sec. 7. The City Council may in the interest of public health, safety, order, convenience, comfort, prosperity,

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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 or 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, morals, convenience, prosperity or welfare. Zoning regulations. Sec. 8. 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 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 regulations 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. Notice and hearing as to zoning ordinances. Three-fourths vote.

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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. Amendment of zoning ordinance. 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 and decide appeals from and review any order, requirements, decision or determination made by the Inspector of Buildings in the enforcement of the zoning regulations. Inspector of Buildings. Appeals. 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. Certiorari. Sec. 12. This Act shall be and become of force immediately upon the adoption of the constitutional amendments which will authorize and empower the General Assembly to make the provisions contained in this Act. Effective when. Sec. 13. Be it further enacted, by the authority aforesaid that all laws or parts of laws in conflict with this act, be, and the same are hereby repealed. Approved August 19, 1927.

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AVONDALE ESTATES CITY CHARTER. No. 397. An Act to create the City of Avondale Estates, to define its limits; to provide a commission form of government; a City Manager and other officers for the City of Avondale Estates; to prescribe their duties and powers and manner of election; to provide for streets and sidewalks and the working or paving of the same; to provide a system of waterworks and sanitation; to provide for a Board of Health; to declare and define the police powers of the city; to establish a City Court; to establish and maintain a public-school system; to establish a system of electric lights; to provide for taxation; to provide for the granting of license for all kinds of businesses, callings, or professions; and to grant a charter to said city under the name and style of the City of Avondale Estates, and for other purposes. Be it enacted by the General Assembly of the State of Georgia that: ARTICLE I. CORPORATE NAME, BOUNDARIES AND POWERS. Section 1. The inhabitants within the corporate limits and boundaries hereinafter described in DeKalb County, Georgia, shall be and continue a body politic and corporate under the name of City of Avondale Estates, and as such shall have perpetual succession. Corporate name. The said corporate limits of the City of Avondale Estates shall embrace the territory within the following boundary to wit: Beginning at the southeast corner of land lot 248 of the 15th district of originally Henry now DeKalb County, Georgia, thence west along the south line of land lot, five hundred sixty-nine (569) feet to a southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west fourteen hundred eighty-four (1484) feet along said Hill line to the south side of the old Stone Mountain Road; thence continuing

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on the same course across said road and still continuing on same line to a point three hundred (300) feet northerly from the northerly line of the present Avondale Road (said Avondale Road being the same road as the former Stone Mountain Road); thence easterly parallel with the northerly line of the said Avondale Road and three hundred (300) feet northerly therefrom to the westerly line of Stone Mountain Road; thence southeasterly in a straight line to a point on the westerly side of Ashton Place, said point being two hundred twenty five (225) feet northerly measured along the westerly line of said Ashton Place from the southerly line of Melford Place produced westerly across said Ashton Place; thence east along said produced line across Ashton Place and following the south line of Melford Place and continuing beyond east end of said Melford Place to the east line of land lot 249 of said district; thence south along said east line of land lot 249 to the center of Covington Road; thence easterly along the center of Covington Road to the center line of Stratford Road; thence southwesterly on a curved line following the center line of said Stratford Road to the center line of Kensington Road; thence westerly along the center line of Kensington Road to the point in said center line where the lines between lots 41 and 42 in Block 20 of said Avondale Estates plat, produced northerly, intersects said center line of Kensington Road; thence southwesterly along said produced line and the line between lots 41 and 42 in Block 20, one hundred eighty-five and three-tenths (185.3) feet to the northeasterly corner of lot 4 of said block; thence in a southerly direction along the rear lines of lots 4 to 21 both inclusive in Block 20, continuing across sidewalk between blocks 20 and 21 and along the rear lines of lots 1 to 13 both inclusive in block 21 of said plat, thence continuing across Wiltshire Drive and along the lines of lots 1 to 9 both inclusive in Block 22 to the northeast corner of lot 9; thence southwesterly on a straight line two hundred ten (210) feet to a point on the south line of said land lot 231, said point being two hundred sixty-five (265) feet east measured along said land lot line from the south-west

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corner of said land lot 231, thence west along the south line of said land lot 231 two hundred sixty-five (265) feet to the southwest corner thereof; thence continuing west along the south line of land lot 232 to a point on the south line of said land lot 232 to a point on the south line of said land lot 232 one hundred five (105) feet east from the southwest corner of said land lot 232, thence north parallel with the west line of said land lot 232 and one hundred five (105) feet east therefrom to a point on the north line of said land lot 232 one hundred five (105) feet east from the northwest corner of said land lot 232; thence west along the north line of said land lot 232, one hundred five (105) feet to the point of beginning. Territory included. Sec. 2. City of Avondale Estates shall have power by ordinance: Powers. (1) To assess, levy and collect taxes for all general and special purposes on all subjects or objects of taxation taxable by law for State, county, or city purposes. Taxation. (2) To adopt such classifications of the subjects and objects of taxation as may not be contrary to law. (3) To make special assessments for local improvements. Assessments. (4) To contract and be contracted with. (5) To incur debt by borrowing money or otherwise, and to give any appropriate evidence thereof, in the manner hereinafter provided. Borrowing. (6) To issue and give, sell, pledge or in any manner dispose of, negotiate or non-negotiable, interest bearing or non-interest bearing bonds, warrants, promissory notes or orders of the city, upon the credit of the city, or solely upon the credit of specific property owned by the city, or solely upon the credit of income derived from any property used in connection with any public utility owned or operated by the city, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two or more such credits. Bonds.

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(7) To expend the money of the city for all lawful purposes. Expenditures. (8) To acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge or otherwise dispose of property, real or personal, and any estate or interest therein, within or without the city of State. Property. (9) To condemn property, real or personal, or any easement, interest or estate or use therein either within or without the city for present or future public use. Such condemnation shall be made and effected upon the same terms and conditions as provided for in the General Laws of this State, with reference to the condemnation of private property for public use contained in article 1, chapter 9, of the Code of Georgia of 1910, beginning with section 5206 and embracing all sections following the same, having reference to the condemnation of private property for public use. Condemnation. (10) To take and hold property within or without the city or State upon trust; and to administer trusts, for the public benefit. Trusts. (11) To acquire, construct, own, operate and maintain or sell, lease, mortgage, pledge, or otherwise dispose of public utilities or any estate or interest therein, or any other utility of service to the city, its inhabitants, or any part thereof. Public utilities. (12) To grant to any person, firm, association or corporation franchises for public utilities and public services to be furnished the city and those therein. Such power to grant franchises shall embrace the power thereby expressly conferred, to grant exclusive franchises, and when an exclusive franchise is granted it shall be exclusive not only as against any other person, firm, association or corporation, but also as against the city itself. Franchises may be granted for a period of not exceeding ninety-nine (99) years. The Board of Mayor and Commissioners may prescribe in each grant of a franchise the rates, fares, charges

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and regulations that may be made by the grantee of franchise. Franchises may by their terms apply to the territory within the corporate limits of the city at the date of the franchise, and as said corporate limits thereafter may be enlarged; and to the then existing streets, alleys and other thoroughfares that thereafter may be opened. Franchises. (13) To make contracts with any person, firm, association or corporation, for public utilities and public services to be furnished the city and those therein. Such power to make contracts shall embrace the power, hereby conferred, to make exclusive contracts; and when an exclusive contract is entered into, it shall be exclusive not only as against any other person, firm association or corporation, but also as against the city itself. Such contracts may be entered into for the period of not exceeding ninety-nine (99) years. The Board of Mayor and Commissioners may prescribe in each such contract entered into the rates, fares, charges, and regulations that may be made by the person, firm, association or corporation with whom the contract is made. Such contracts may by their terms apply to the territory within the corporate limits of the city at the date of the contract, and as said corporate limits hereafter may be enlarged, and to the then existing streets, alleys and other thoroughfares, and to any other streets, alleys and other thoroughfares that thereafter may be opened. Public utilities. (14) To prescribe reasonable regulations regarding the construction, maintenance, equipment operating and services of public utilities, and compel, from time to time, reasonable extensions of facilities for such services, but nothing herein shall be construed to permit the alteration or impairment of any of the terms or provisions of any exclusive franchise granted, or of any exclusive franchise granted or of any exclusive contract, entered into under sub-sections 12 and 13 of this section. Same. (15) To establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct,

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maintain, light, sprinkle, and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds and squares, wharves, bridges, viaducts, subways, tunnels, sewers, and drains, within or without the corporate limits, and to regulate the use thereof within the corporate limits, and property may be taken and appropriated therefor upon the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use, contained in article 1, chapter 9 of the Code of Georgia of 1910, beginning with section 5206 and embracing all sections following the same, having reference to the condemnation of private property for public use. Streets, etc. (16) To construct, improve, reconstruct and reimprove by opening, extending, widening, grading, curbing, guttering, paving, graveling, macadamizing, draining or otherwise improving any streets, highways, avenues, alleys or other public places within the corporate limits, and to assess a portion of the cost of such improvements upon the property abutting upon or adjacent to such streets, highways, or alleys, under and as provided by general law, and to this end said municipality shall apportion the cost of such paving and grading in such manner and amount as may seem equitable and just to the Board of Mayor and Commissioners of said city between said city and the abutting property owners on each side of such street, lane or alley, and the proportion or amount of the cost of paving or grading herein provided for as may be assessed against abutting property may be collected by the issuance and levy of fi. fa. and the sale of property in the same manner as taxes are collected. Street improvements. Assessments. (17) To assess against abutting property within the corporate limits a portion of the cost of planting shade trees, removing from sidewalks all accumulation of snow, ice and earth, cutting and removing obnoxious weeds and rubbish, street lighting, street sweeping, street sprinkling, street flushing and street oiling; the removal and disposal of garbage and refuse, the cleaning and rendering

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sanitary of closets and privies, as provided by the foregoing sub-section, or in such other manner as may be provided by general law or by ordinance of the Board of Mayor and Commissioners. Assessments for trees. cleaning, lighting, street oiling, etc. (18) To acquire, provide for, construct, regulate and maintain and do all other things relating to all kinds of public buildings, structures, market places, works and improvements. Public buildings, etc. (19) To collect and dispose of drainage, sewage, offal, ashes, garbage and refuse by discharging same into streams and rivers or otherwise, or to license and regulate such collection and disposal. Disposal of sewage, etc. (20) To license and regulate all persons, firms, corporations, companies and associations engaged in any business, occupations, calling, profession or trade not forbidden by law. Business licenses. (21) To impose a license tax upon any animal, thing, business, vocation, pursuit, privilege or calling, not prohibited by law. (22) To define and prohibit, abate, suppress, prevent, and regulate all acts, practices, conduct, business, occupations, callings, trades, uses of property, and all other things whatsoever detrimental or liable to be detrimental to the health, morals, comfort, safety, convenience of welfare of the inhabitants of the city and to exercise general police powers. Nuisances, etc. (23) To prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained. (24) To inspect, test, measure and weigh any article of consumption or use within the city, and to charge reasonable fees therefor; and to provide standards of weights, tests and measures. Weights and measures.

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(25) To establish, regulate, license and inspect weights and measures. (26) To regulate the location, bulk, occupancy area, lot, location, height, construction and materials of all buildings and structures, and to inspect all buildings, lands and places as to their condition for health, cleanliness and safety, and when necessary, prevent the use thereof and require any alterations or changes necessary to make them healthful, clean or safe. Building regulations. (27) To provide and maintain charitable, educational, recreative, curative, corrective, detentive or penal institutions, departments, functions, facilities, instrumentalities conveniences and services. Charity, education, recreation, etc. (28) To purchase or construct, maintain and establish a workhouse or farm colony, for the confinement and detention of any person convicted in the city court of offenses against the laws and ordinances of the city who fails to secure the fine and costs imposed upon him, or to contract with DeKalb County to keep such persons in the workhouse of said county, and to provide by said contract and by ordinance for the commitment of such persons to the workhouse so provided until such fine and costs shall be fully paid. Workhouse or farm colony. (29) To enforce any ordinance, rule or regulation by means of fines, forfeitures, penalties and imprisonment, or by action or proceedings in any court of competent jurisdiction, or by any one or more of such means, and to impose costs as a part thereof, but no fine, forfeiture or penalty shall exceed fifty dollars, and no imprisonment shall exceed thirty days. Penalties; limit. (30) To establish schools, determine the necessary boards, officers and teachers required therefor, and fix their compensation, to purchase or otherwise acquire land for schoolhouses, playgrounds and other purposes connected with the schools, to erect all necessary buildings and to do all other acts necessary to establish, maintain,

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and operate a complete educational system within the city. Schools. (31) To regulate, tax, license, or suppress the keeping or going at large of animals within the city; to impound the same, and, in default of redemption, to sell or kill the same. Animals at large. (32) To call, regulate, provide for and control all municipal elections as hereinafter provided. Elections. (33) To have and exercise all powers which now or hereafter it would be competent for this charter specifically to enumerate, as fully and completely as though said powers were specifically enumerated herein. General powers. Sec. 3. The enumeration of particular powers in this charter is not exclusive of others, nor restrictive of general words or phrases granting powers, nor shall a grant or failure to grant power in this article impair a power granted in any other part of this charter; and whether powers, objects or purposes are expressed conjunctively or disjunctively, they shall be construed so as to permit the city to exercise freely any one or more such powers as to any one or more such objects for any one or more such purposes. Construction as to powers. ARTICLE II. ELECTIONS. Section 1. A general city election shall be held on the first Tuesday in November, 1927, and on the first Tuesday in November in each succeeding odd-numbered year thereafter. Any legally qualified registered voter may become a candidate for any elective office of the city on petition signed by 20% of the qualified registered voters of the city, said petition to be filed not later than 20 days preceding the date of the election. Elections. Who may become candidate; petition. Sec. 2. The Ordinary of DeKalb County shall, until otherwise provided by ordinance, call elections and appoint the necessary and proper officers, and elections shall

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be held under and pursuant to the general laws prescribed in elections for members of the State Legislature. Ordinary to call elections and appoint officers. Sec. 3. All persons who are and have been for six months next preceding the election bona fide residents of the City of Avondale Estates, and who are qualified to vote for members of the State Legislature and have registered, shall be entitled to vote in said elections, provided, however, that no person who shall be three months in arrears with any corporate tax, fine or forfeiure shall be entitled to vote in said election. Every voter, in addition to the other regulations required by law and the provisions of this charter, shall be registered as a voter before he shall be allowed to exercise the elective franchise in any city election. Qualifications of voters. Sec. 4. The appointment of Registrars, their duties, the manner in which voters shall register, the time within which voters must register, and all matters relating to registration shall be governed by the statutes and general law of Georgia relative to the registration of voters. Registrars. Sec. 5. Polling places shall be fixed by the Board of Mayor and Commissioners, and the ballots shall be furnished by the city. Polling places, ballots. Sec. 6. Neither the city manager, city attorney, recorder, city judge, chief of police, nor any person in the employ of the city under any of the said officers, shall take any active part in or contribute any money toward the nomination or election of any candidates for election to the Board of Mayor and Commissioners, except to answer such questions as may be put to them and as they may desire to answer. A violation of this section shall subject the offender to removal from office or employment, and to punishment by fine of not more than fifty dollars. City officers and employees not to take active part or contribute money in election. Penalty. Sec. 7. No candidate for any office nor any person shall directly or indirectly give or promise any person or persons any office, employment, money, benefit or anything of value for the purpose of influencing or obtaining political

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support, aid, or vote for such candidate, and any person violating this provision shall be punished by a fine of not more than fifty dollars. Unlawful promise by candidate. Penalty. Sec. 8. The Board of Mayor and Commissioners shall have the power, here expressly conferred, by ordinance passed by a vote of four-fifths of all the members, to call, regulate and provide for all municipal elections, including all elections respecting bond issues, and to provide for and regulate the registration of voters and nominations. Until the Board of Mayor and Commissioners shall take action under this section, all elections shall be called, held and regulated as hereinbefore in this article provided. Regulation of elections. ARTICLE III. BOARD OF MAYOR AND COMMISSIONERS. Section 1. At the general election held on the first Tuesday in November, 1927, there shall be elected by the qualified voters of the city five (5) commissioners. The five candidates receiving the largest number of votes shall be declared to be elected. The two (2) commissioners elected by the lowest vote shall hold office for a term of two (2) years only. The other three (3) commissioners shall hold office for the term of four (4) years. The term of each commissioner shall begin at the first regular meeting of the Board of Mayor and Commissioners in January following the election at which said commissioners are elected. At the general city election next preceding the expiration of the term of each commissioner, and of every commissioner thereafter, his successor shall be elected for a term of four years. Election of commissioners; terms of office. Sec. 2. The commissioners, at the first regular meeting in January 1928, and at the first regular meeting in January of each even-numbered year thereafter, shall elect one of their number Mayor for a term of two years; and, thus organized, the body shall be known as the Board of Mayor and Commissioners. Mayor; election, term. Board of Mayor and Commissioners.

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Sec. 3. Any qualified voter of the city shall be eligible for election to the office of Mayor or Commissioner. Eligibility. Sec. 4. No person shall become Mayor or Commissioner who shall have been convicted of malfeasance in office, bribery or other corrupt practice, or crime, or of violating any of the provisions of section 7 of article II of this charter, in reference to elections, and if any Mayor or Commissioner shall be convicted, he shall forfeit his office. Disqualification by crime, etc. Sec. 5. The salary of the Mayor shall not exceed one hundred dollars per annum. The salary of each commissioner shall not exceed fifty dollars per annum. Salaries. Sec. 6. The legislative and all other powers, except as otherwise provided by this charter, are hereby delegated to and invested in the Board of Mayor and Commissioners, and the Board of Mayor and Commissioners may be ordinance or resolution not inconsistent with this charter prescribe the manner in which any powers of the city shall be exercised, provide all means necessary or proper therefor, and do all things needful within or without the city or state to protect the rights of the city. Powers of board. The said board shall exercise its powers in session duly assembled, and no member or group of members thereof shall exercise or attempt to exercise the powers conferred upon the board. Sec. 7. The Board of Mayor and Commissioners shall by ordinance fix the time and place at which the regular meetings of said board shall be held. Until otherwise provided by ordinance the regular meeting of said board shall be held at eight o'clock p. m. (Central Standard Time) on the first and third Thursday of each month. Meetings of board. Whenever, in the opinion of the Mayor and City Manager, or of any three of the commissioners, the welfare of the city demands it, the Mayor or the Recorder shall call special meetings of the Board of Mayor and Commissioners upon at least twelve hours' written notice to each commissioner, the City Manager, Recorder and City Attorney,

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served personally or left a this usual place of residence. Each call for a special meeting shall set forth the character of the business to be discussed at such meeting and no other business shall be considered at such meeting. Special meetings. Sec. 8. The Mayor shall preside all meetings of the Board of Mayor and Commissioners. Mayor presides. Sec. 9. Whenever a member of said board is absent from a meeting he shall forfeit one dollar of his salary, and such forfeiture shall not be remitted, provided such forfeiture shall not exceed fifty dollars in one year. Absence; penalty. Sec. 10. Any vacancy in said board shall be filled until the next regular election by appointment by the remaining members thereof, and any member of said board so elected at such regular election for said vacancy shall hold office for the remainder of such unexpired term. Vacancies. Sec. 11. At the first meeting of the Board and thereafter at the first meeting in January after the general city election, said board shall choose from its membership a member to act in the absence, inability or failure to act of the Mayor. Such member shall act as Mayor during any temporary absence, inability or failure to act of the Mayor, and whenever a vacancy occurs in the office of Mayor such member shall become Mayor and hold office as such for the unexpired term. Acting Mayor. Sec. 12. A majority of all the members of said board shall constitute a quorum, but a smaller number may adjourn from day to day and may compel the attendance of the absentees in such manner and under such penalties as the board may provide. Quorum. Sec. 13. Said board may determine the rules of its proceedings, subject to this charter; and may arrest and punish by fine or imprisonment or both, any member or other person guilty of disorderly or contemptuous behavior in its presence. It shall have power, and may delegate it to any committee, to subpoena witnesses and order the production of books and papers relating to any subject

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within its jurisdiction; to call upon its own officer or the chief of police to execute its process; and to arrest and punish by fine or imprisonment, or both, any person refusing to obey such subpoena or order. Powers of board as to rules, contempts, punishments, etc. No fine for any one offense under this section shall exceed fifty dollars, nor shall any imprisonment for any one offense exceed thirty days, but each day's continuance in any refusal as aforesaid shall be a separate offense. Limit of fine or imprisonment. Its presiding officer or the chairman of any committee may administer oaths to witnesses. Oaths. It shall keep a journal of its proceedings, and the yeas and nays on any question shall at the desire of any member present be entered thereon. Journal. Sec. 14. All sessions of the board shall be public and subject to change of place in case of emergency. Public sessions. Sec. 15. The Mayor or any Commissioner may be removed from office by the board of Mayor and Commissioners for crime or misdemeanor in office, for grave misconduct showing unfitness for public duty, or for permanent disability, all other members of the board voting for said removal. The proceedings for such removal shall be upon specific charges in writing, which, with a notice stating the time and place of the hearing, shall be served on the accused or published at least three times on three successive days in a daily newspaper circulating in the city. The hearing shall be made public and the accused shall have the right to appear and defend in person and by counsel, and have process of the board to compel the attendance of witnesses in his behalf. Such vote shall be determined by yeas and nays, and the names of the members voting for or against such removal shall be entered in the journal. Removal of Mayor or Commissioner. Notice and hearing. Immediately upon the vote for removal the term of the accused shall expire and his official status, power and his official status, power and authority cease without

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further action. Any one removed hereunder shall have the right of appeal. Appeal. ARTICLE IV. ORDINANCES Section 1. All ordinances shall begin: Be it ordained by the City of Avondale Estates, as follows: Form of ordinances. Sec. 2. Every ordinance shall be read three different days in open session before its adoption, and not less than one week shall elapse between the first and third readings; and any ordinance not so read shall be null and void. An ordinance shall not take effect until fifteen (15) days after the final passage thereof, except in case of an emergency ordinance. An emergency ordinance may be enacted upon the day of its introduction, provided it shall contain the statement that an emergency exists and shall specify with distinctness the facts and reasons constituting such an emergency. The unanimous vote of all members of the Board present, and not less than two members, shall be required to pass an emergency ordinance. Readings before adoption of ordinance. Emergency ordinance. No ordinance making a grant, renewal, or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall ever be passed as an emergency ordinance. Franchises. No ordinance shall be amended except by a new ordinance. Amendment. Sec. 3. In all cases under the preceding section the vote shall be determined by yeas and nays, and the names of members voting for or against an ordinance shall be entered on the journal. Yeas and nays; entry on journal. Sec. 4. Every ordinance shall be immediately taken in charge of by the Recorder and by him numbered, copied in an ordinance book, filed and preserved in his office. Record of ordinance.

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ARTICLE V. MAYOR. Section 1. The Mayor shall preside at all meetings of the Board of Mayor and Commissioners and perform such other duties consistent with his office as may be imposed by it, and he shall have a seat, a voice, and a vote, but no veto. He shall sign the journal of the board, and all ordinances on their final passage, execute all deeds, bonds and contracts made in the name of the city; he may introduce ordinances in the Board of Mayor and Commissioners. Mayor's duties and powers. Sec. 2. The Mayor shall have power, and it is hereby made his duty, to perform all acts that may be required of him by any ordinance duly enacted by the Board of Mayor and Commissioners not in conflict with any of the provisions of this charter. Sec. 3. All legal process against the city shall be served upon the Mayor or Recorder, and it shall be his duty forthwith to transmit the process to the City Attorney, after writing thereon the time, place, and manner of service. Service of process on Mayor or Recorder. ARTICLE VI. OFFICERS AND EMPLOYEES. Section 1. The Board of Mayor and Commissioners shall appoint and fix the salary of the City Manager, who shall hold office at the pleasure of the board. The said board shall fix the salaries of the Recorder, Chief of Police, Treasurer, and the City Attorney, and may elect a City Judge as provided for in this charter. The Board of Mayor and Commissioners shall establish and make provision in the appropriation ordinance for such other offices, officers, agents and employees as may be necessary. The Recorder, Chief of Police, City Attorney and all other officers, agents and employees, except the Treasurer, the City Judge, the Board of Education and the appointees of the Board of Education, provided for elsewhere in this charter,

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shall be appointed by the City Manager and removable by him for cause at any time. Appointment and salaries of officers, etc. Sec. 2. Every officer, agent and employee holding a position upon an annual salary shall, before entering upon his duties, take and subscribe and file with the record an oath or affirmation that he has all the qualifications and is not subject to any of the disqualifications named in this charter for the office or employment he is about to assume; that he will support the constitution of the United States and of this State and the charter and ordinances of the city, and that he will faithfully discharge the duties of his office or employment. Oath of officers and employees. Sec. 3. The City Manager and every officer, agent and employee having duties embracing the receipt, disbursement, custody or handling of money shall, before entering upon his duties, execute a fidelity bond with some surety company authorized to do business in the State of Georgia, as surety (except that bonds for five hundred dollars or less may be given with personal surety), and in such amount as shall be prescribed by ordinance of the Mayor and Commissioners, except where the amount is prescribed in this charter. All such bonds and the sureties thereto shall be subject to the approval of the Board of Mayor and Commissioners. Bond of officer, etc. Sec. 4. If at any time it appears to the Mayor, City Manager or Recorder, that the surety or sureties on any official bond are insufficient, the officer or employee shall be required to give additional bond, and, if such officer or employee fails to give such additional bond, and within twenty days after he shall have been notified, his office shall be vacant. Additional bond, when required. ARTICLE VII. CITY MANAGER. Section 1. In addition to all other powers conferred upon the City Manager, he shall be the administrative head of the municipal government, under the direction and

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supervision of the Board of Mayor and Commissioners; he shall be appointed without regard to his political beliefs, and need not be a resident of the city or State at the time of his appointment. During the absence of disability of the City Manager, the Board of Mayor and Commissioners may designate some properly qualified person to perform the functions of the City Manager. City Manager. Absence. Sec. 2. The powers and duties of the City Manager shall be: Powers and duties of City Manager. (a) To see that the laws and ordinances are enforced, and, upon knowledge of information of any violation thereof, to see that prosecutions are instituted in the city court. (b) Except as in this charter provided, to appoint and remove all heads of departments and all subordinate officers and employees, all appointments to be made upon merit and fitness alone. No policeman or patrolmen or member of the fire department shall be removed except upon specific charges in writing, which, with a notice stating the time and place of the hearing, shall be served upon the accused at least three days before the hearing. The hearing shall be public, and the accused shall have the right to appear and defend in person and by counsel, and shall have process of the Board of Mayor and Commissioners to compel the attendance of witnesses in his behalf. Appointments. Removals. (c) To supervise and control the work of the Recorder, the Chief of Police, the City Attorney, Treasurer, and all other officers, and of all departments and divisions created by this charter or which hereafter may be created by the Board of Mayor and Commissioners. Supervision. (d) To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility or franchise are faithfully done, kept and performed, and, upon knowledge or information of any violation thereof, to call the same to the attention of the City Attorney,

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who is hereby required to take such steps as are necessary to enforce the same. Public utilities and Franchises. (e) To attend all meetings of the Board of Mayor and Commissioners, with the right to take part in the discussions, but having no vote. Attendance of meetings; no vote. (f) To recommend to the Board of Mayor and Commissioners for adoption such measure as he may deem necessary or expedient. Recommendations. (g) To act as budget commissioners and to keep the Board of Mayor and Commissioners fully advised as to the financial condition and needs of the city. Budget. (h) To act as purchasing agent of the city and to purchase all materials, supplies and equipment for proper conduct of the city's business. The Board of Mayor and Commissioners shall prescribe by ordinance the maximum expenditure which the City Manager may make without the specific authorization of the board, and shall prescribe rules for competitive bidding, but no purchase shall be made at any one time in an amount which in the aggregate will exceed $500.00, unless bids shall have been requested and award made to the lowest and best bidder. Purchases. Bids. (i) To perform such other duties as may be prescribed by this charter or required by him by resolution or ordinance of the Board of Mayor and Commissioners. Other duties. ARTICLE VIII. CITY COURT. Section 1. A city court is hereby established for the City of Avondale Estates. City Court. Sec. 2. The Board of Mayor and Commissioners shall have power at any time to establish and create the office of City Judge and fix his salary and term of service, which shall not be for less than four (4) years nor more than six (6) years. The Mayor and Board of Commissioners shall upon the creation of such office appoint the City

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Judge. Until such time as the office of City Judge shall be established and a City Judge shall be appointed and qualified, the City Court shall be presided over by the Recorder, or City Manager. City Judge. Recorder. Sec. 3. The City Court shall have jurisdiction: (1) In and over all civil matters, and in and over all violations of the ordinances of the City of Avondale Estates, and said court is empowered to bind over to the Superior Court in DeKalb county any person charged with the violation of the laws of this State, or any person whom evidence discloses is guilty of the violation of said laws. In all trials for the violation of the ordinances of the city, the City Court of Avondale Estates may compel the attendance of witnesses from any part of the State, and to this end may have subpoenas issued for witnesses, and may punish witnesses failing and refusing to obey such subpoena as for contempt, by imprisonment, or work in the chain-gang not exceeding thirty days, or fine not exceeding $50.00. Jurisdiction of city court over civil matters, violations of ordinances, etc. (2) Said City Court shall have power and jurisdiction to try all offenses against the ordinances of the city within the territorial limits of said city, and upon conviction may punish said offenders by a fine of not more than $50.00 and by confinement in the chain-gang of said city for a term of not more than thirty days. Punishment. Sec. 4. Any person convicted in the criminal court of said city for the violation of any of the ordinances of said city shall have the right of certiorari to the Superior Court of DeKalb county, and in case of the suing out of any writ of certiorari, the same rules shall be preserved as are applicable in carrying criminal cases to the Superior Court of said State from inferior courts. Certiorari. Sec. 5. Only one warrant shall be issued for the same offense; said warrant to embrace all the parties charged with the same offense. No arrest shall be made except upon a warrant duly issued, unless the offense is committed

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in the presence of the officer making the arrest, except in case of felony. The affidavit upon which the warrant is issued shall specifically state the offense charged. Warrants; arrests. Sec. 6. All fines imposed by the City Court for violation of city ordinances shall belong to and be paid into the treasury of the City of Avondale Estates; and any labor performed in the execution of a workhouse or prison sentence for such violation or violations shall be performed for the City of Avondale Estates under the direction of the City Manager. Fines; labor. Sec. 7. The Recorder or City Judge in all cases heard or determined by him for offenses against the corporate laws and ordinances shall tax in the bill of costs the same amount and for the same items allowed in courts of DeKalb county for similar work in State cases, and in addition shall add thereto one dollar, as tax on the same. He shall certify to the Chief of Police for collection all fines, costs and forfeitures imposed by him for offenses against the laws and ordinances of the city. Costs in favor of any person paid a fixed salary by the city shall belong to the city and be paid into its treasury. The said recorder or city judge, in all cases heard or determined by him for offenses against the laws of the State, shall keep an accurate record of all costs that may accrue in his favor, and shall pay to the City of Avondale Estates all such costs collected by him in such cases before he shall be paid his salary hereinafter provided for. It shall be the duty of the Recorder or City Judge to collect and receipt for all fines imposed by him, and he shall render a monthly report to the Board of Mayor and Commissioners of all costs and fines collected, and of all assessed and uncollected. It shall be unlawful for any other person or officer to collect or receipt for said fines, costs and recoveries, but the said Recorder or City Judge may authorize the Chief of Police to collect and receipt for said fines and costs. Costs. Sec. 8. The Recorder of City Judge shall keep or cause to be kept a court docket or dockets, embodying complete detailed record of all cases handled by him. Dockets.

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ARTICLE IX. CITY ATTORNEY. Section 1. The City Attorney shall be an attorney at law entitled to practice in the courts of the State. City Attorney. Sec. 2. The City Attorney shall, except as otherwise provided by resolution or ordinance, direct the management of all litigation in which the city is a party, including the function of prosecuting attorney in the city courts; represent the city in all legal matters and proceedings in which the city is a party or interested, or in which any of its officers are officially interested; advise the board of Mayor and Commissioners, and committees or members thereof, the City Manager, and the heads of all departments and divisions as to all legal questions affecting the city's interests; and approve as to form all contracts, deeds, bonds, ordinances, resolutions and other documents to be signed in the name of or made by or with the city. He shall receive a salary to be fixed by the Board of Mayor and Commissioners. Duties; salary. ARTICLE X. RECORDER. Section 1. The Recorder, who may be City Manager, shall be the head of the department of finance. He shall receive a salary to be fixed by the Board of Mayor and Commissioners, give such bond to the city for not less than five thousand dollars as may be provided by ordinance. He shall have a seat and voice, but not vote, in the Board of Mayor and Commissioners. With the consent of the City Manager, he may appoint such deputies as may be provided by ordinance. He shall, by his signature and the city seal, attest all instruments signed in the name of the city and all official acts of the Mayor. He shall have power to administer oaths. Recorder; powers, salary. Sec. 2. It shall be the duty of the Recorder to be present at all meetings of the Board of Mayor and Commissioners,

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and to keep a full and accurate record of all business transacted by the same, to be preserved in permanent book form. Duties. Sec. 3. The recorder shall have custody of and preserve in his office, the city seal, the public records, original rolls of ordinances, ordinance books, minutes of the Board of Mayor and Commissioners, contracts, bonds, title deeds, certificates and papers, all official indemnity of security bonds (except his own bond, which shall be in the custody of the Mayor), and all other bonds, oaths, and affirmations, and all other records, papers and documents not required by this charter or by ordinance to be deposited elsewhere, and register them by numbers, dates and contents, and keep an accurate and modern index thereof. Custodian of seal, records, etc. Sec. 4. The recorder shall provide, and, when required by any officer or person, certify copies of records, papers and documents in his office, and charge therefor, for the use of the city, such fees as may be provided by ordinance; cause copies of ordinances to be printed, as may be directed by the Board of Mayor and Commissioners, and kept in his office for distribution. Certified copies. Printed ordinances. Sec. 5. The Recorder, as the head of the department of finance, shall exercise a general supervision over the fiscal affairs of the city, and general accounting supervision over all the city's property, assets and claims, and the disposition thereof. He shall be the general accountant and auditor of the city; shall have custody of all records, papers and vouchers relating to the fiscal affairs of the city, and the records in his office shall show the financial operations and condition, property, assets, claims and liabilities of the city, all expenditures authorized and all contracts in which the city is interested. He shall require proper fiscal accounts, records, settlements and reports to be kept, made and rendered to him by the several departments and officers of the city, including all deputies or employees of his department charged with the collection or expenditure of money, and shall control and continually audit the same.

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He shall, at least monthly, adjust the settlements of officers engaged in the collection of the revenue. Head of finance department; duties as to accounts, etc. Sec. 6. The Recorder, with the approval of the City Manager, shall cause an efficient system of accounting for the city to be installed and maintained. System of accounting. Sec. 7. The Mayor and Commissioners shall appoint a Treasurer. It shall be the duty of the Treasurer to collect, receive and receipt for the taxes and all other revenues and bonds of the city, and the proceeds of its bond issues, and to disburse the same. Treasurer. Sec. 8. Except as by this charter or by law or ordinance otherwise provided, the recorder shall prescribe and regulate the matter of paying creditors, officers and employees of the city. He shall audit all pay-rolls, accounts and claims against the city and certify thereon the balance as stated by him, but no pay-roll, account or claim, or any part thereof, shall be audited against the city or paid unless authorized by law or ordinance and approved and certified by the City Manager and the head of the department for which the indebtedness was incurred, and the amount required for payment of the same appropriated for that purpose by ordinance and in the treasury. Whenever any claim shall be presented to the City Recorder he shall have power to require evidence that the amount claimed is justly due and is in conformity to law and ordinance, and for that purpose he may summon before him any officer, agent or employee of any department of the city, or any other person, and examine him upon oath or affirmation relative thereof. The City Manager, Recorder and head of the department concerned, and their sureties, shall be liable to the municipality for all loss or damage sustained by the city by reason of the corrupt approval of any claim against the city. Payments. Proof of claims. Liability for corrupt approval of claim. Sec. 9. Subject to the provisions of the foregoing section, warrants shall be issued by the Recorder. Each warrant shall specify the particular department fund against which it is drawn, and shall be payable out of no

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other fund. Any officer or employee in the Recorder's office may be designated by him to draw warrants, with the same effect as if signed by the Recorder, such designation to be in writing, in duplicate, filed with the City Manager, provided that the City Manager may make such designation if the Recorder be absent or disabled and there be no one in his office designated to act. Any such designation may be revoked by the Recorder while acting as such, by filing the revocation in duplicate with the City Manager and the treasury division. Warrants. Sec. 10. No contract, agreement or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the Board of Mayor and Commissioners, or be authorized by any officer of the city, unless the Recorder shall first certify to the Board of Mayor and Commissioners or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure is in the treasury or safely assured to be forthcoming and available in time to comply with or meet such contract, agreement, obligation or expenditure; and no contract, agreement or other obligation involving the expenditure of money payable from the proceeds of bonds of the city shall be entered into until the issuance and sale of such bonds have been duly authorized in accordance with the provisions of this charter in reference to city bonds. Contracts. Sec. 11. No contract liability shall be incurred without previous authority of law or ordinance, but the Board of Mayor and Commissioners may be ordinance empower the proper officials to pay out money or incur contract liability for the city for the necessary preservation of the city's credit, or in other extreme emergency, under such restrictions as may be provided in said ordinance, provided that any such liability shall mature not later than one year from the date of its incurrence. Same. Sec. 12. The Treasurer shall be the custodian of all sinking funds established for retiring bonds of the city,

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to be managed in accordance with the provisions of this charter or sinking funds. Custody of sinking funds. Sec. 13. Depositories of the city funds shall be designated by ordinance, which ordinance shall, in every case, require the depository, before given custody of any city funds, to furnish adequate security to protect the interests of the city; either by collateral in the form of bonds of the city or State in an amount ten (10) per cent, in excess of the deposits, or by a bond, in a sum ten (10) per cent, in excess of the deposits, with some surety company authorized to do business in the State of Georgia as surety. Depositories. Bond. Sec. 14. The Recorder shall cause all stationery and all forms used in either connection with the receipt or disbursement of city funds to be numbered consecutively, and all spoiled and unused forms shall be accounted for. Stationery and forms. Sec. 15. The Recorder may destroy any documents, books, vouchers, papers or cancelled blank forms pertaining to any department, board or office if he, the City Attorney, the City Manager, and the head of such department, board or office certify that they are useless and the Mayor so directs; provided this shall apply only to audited records at least five (5) years old since the last entry made thereon, and only to audited cancelled bonds and interest coupons at least ten (10) years old since date of payment. Destruction of books and papers. Sec. 16. The Recorder shall also preside over the city court provided for in Article VIII, until such time as the Board of Mayor and Commissioners shall establish the office of City Judge, and until a City Judge has been appointed and qualified. Recorder to preside in city court, when. Sec. 17. The Recorder shall also perform any other duties imposed upon him by this charter or by ordinance. Other duties. Sec. 18. In event of the temporary absence or disability of the Recorder, the City Manager may appoint a Recorder pro tempore. Recorder pro tem. Sec. 19. In the event the office of Recorder shall be filled by the City Manager, so much of the above-described

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Article as will become inapplicable may be omitted, but should the duties of the City Recorder be separated from those of the City Manager, then to be in full force and effect. City Manager as Recorder. ARTICLE XI. TAXATION AND REVENUE. Section 1. The assessment, levy and collection of taxes and special assessments shall be in charge of the department of finance, subject to the limitations elsewhere found in this charter. Taxes and assessments. All property, real, personal, and mixed, subject to State, county, and city taxes, and all persons liable for a poll tax, and all privileges taxable by law, and all persons liable for work on the public streets, avenues, alleys, or other thoroughfares of the city, or for a tax in lieu of said work when the same shall have become duly assessed for taxation as now, or may hereafter be, provided by law, by ordinance of the Board of Mayor and Commissioners, shall be the basis upon which property shall be taxed and taxes collected by the City of Avondale Estates for municipal purposes as hereinafter provided. The ad valorem tax upon the stocks, accounts and equipment, or the gross investment of merchants, shall be computed upon the average value of such stocks, accounts and equipment, or gross investment, in like manner as State and county merchants' ad valorem tax is assessed upon the same property. Sec. 2. As soon as practicable in each year after the assessment books for the State and county are complete (which shall be after the equalization boards provided for general law shall have finished their work), it shall be the duty of the recorder to prepare or cause to be prepared from the said assessment books of DeKalb County, a tax-book similar in form to that required by the laws of the State to be made out for the county trustee, embracing, however, only such properties and persons as are liable for taxes within the City of Avondale Estates. Such tax-book,

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when certified to be true, correct, and complete by the Recorder, shall be the assessment for taxes in said city for all municipal purposes; provided that there may be an assessment by the Recorder at any time of any property subject to taxation found to have been omitted, and such assessment shall be duly noted and entered on the assessment books of the city, and further provided, that instead of the assessment made by county and State officials as herein provided, the city may by ordinance, in so far as not prohibited by general laws, provide for and regulate an assessment to be made by its own tax-assessors. Tax-books. Tax assessments. Sec. 3. It shall be the duty of the Recorder in each year, as soon as the assessment roll for the city is complete, to submit to the Board of Mayor and Commissioners a certified statement of the total amount of the valuation of assessment of the taxable property for the year within the city limits (including the assessment of all railroads, telephone and telegraph properties), together with a certified statement of the revenue derived by the city from privilege taxes, merchants' ad valorem taxes, street-labor taxes, fines for the preceding fiscal year, and miscellaneous revenue. Upon the presentation of such statements by the Recorder, the Board of Mayor and Commissioners shall proceed by ordinance to make the proper levy to meet the expenses of the city for the current fiscal year, not exceeding, however, in the total levy for all purposes (except interest on or sinking fund to retire the bonded debt of the city) in any one year the amount prescribed by law governing taxation by municipal authorities. Annual statement. Levy of taxes. Sec. 4. It shall be the duty of the recorder, immediately after the levy of taxes by the Board of Mayor and Commissioners, to cause the said levy to be extended upon the said tax-book, prepared by the Recorder, in the same manner that extensions are made upon the tax-books in the hands of the county trustee. Same. Sec. 5. All taxes due the City of Avondale Estates except privileges and merchants' ad valorem taxes, and

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street-labor taxes, shall, until otherwise provided by ordinance, be due and payable on the first day of November of the year for which the taxes are assessed. The treasurer shall be custodian of the tax-books and shall be the tax-collector for the city. Taxes due November 1. Treasurer to be tax-collector. At and after the expiration of one month from the date when taxes become due, as in this section provided or as may be provided by ordinance, the tax-books in the hands of the recorder shall have the force and effect of a judgment of a court of record, and the recorder shall have power to issue fi. fas. in the name of the City of Avondale Estates, to enforce the collection of said taxes against the person owning the property on January 10th of the year for which the taxes are assessed, by a levy upon the personalty of such taxpayer; and such fi. fas. shall be executed by the Chief of Police or any policeman of the City of Avondale Estates, by a levy upon and sale of goods and chattels under the same provisions as prescribed by law for the execution of such process from an officer of the State authorized to act. Tax fi. fas. to be issued by Recorder executed by Chief of Police, etc. Sec. 6. All municipal taxes on real estate in the City of Avondale Estates, and all penalties and costs accruing thereon, are hereby declared to be a lien on said realty from and after the 10th day of January of the year for which the same are assessed, superior to all other liens, except to the United States, State of Georgia, and County of DeKalb for taxes legally assessed thereon, with which it shall be a lien of equal dignity. No assessment shall be invalid because the size and dimensions of any tract, lot or parcel of land shall not have been precisely named, or the amount of the valuation or tax not correctly given, nor because the property has been assessed in the name of a person who did not own the same, nor because the same was assessed to unknown owners, nor on account of any objection or informality merely technical, but all such assessments shall be good and valid. The Board of Mayor and Commissioners shall have power to correct any errors in the

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tax assessment, upon a certificate filed by the assessor or assessing body. Tax lien attaches January 10. Rank of lien. Facts not invalidating assessment. Correction of errors. Sec. 7. On the first day of December of the year for which the taxes are assessed, or other date provided by ordinance, a penalty of two per centum (2 per cent.) upon all taxes remaining unpaid shall be imposed and collected by the city and paid into the City Treasurer. An additional penalty of two per centum (2 per cent.) shall be added for each month thereafter for twelve months. Penalty for non-payment of tax. Sec. 8. The Board of Mayor and Commissioners may, by ordinance passed by unanimous vote, change the due date and delinquent date of all taxes, and may provide for the semi-annual payment of taxes and a discount for the prompt payment thereof. In case a semiannual installment of taxes is made due and payable before the assessment for and levy of taxes in the city for the current year is complete, the amount of the installment so collected as a tax upon any property shall be not more than fifty per cent. (50 per cent.) of the taxes levied on said property for the preceding year; such installment to be a credit on the current year's taxes when determined and levied. Change of date for payment of taxes; discount. Installments of taxes. Sec. 9. The Recorder shall, under the provisions of the State law for the collection of deliquent taxes, certify to the sheriff of DeKalb County a list of all real estate upon which municipal taxes remain due and unpaid, or which is liable for sale for other taxes, and the same shall be sold in like manner and upon the same laws and conditions as real estate is sold for delinquent State and county taxes. List of real estate on which taxes are due. Sec. 10. The Board of Mayor and Commissioners shall have power by ordinance to levy and collect a poll tax to be used for school purposes, not exceeding for any one year in amount the poll tax levied by the State. Poll tax for school purposes. Sec. 11. All male inhabitants in the City of Avondale Estates between the ages provided by general law for the working of public roads, except such as are permanently disabled from performing ordinary labor who may be released

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by the Board of Mayor and Commissioners, shall work on the public streets, avenues and alleys of the city not less than three nor more than six days, to be prescribed by ordinance, in each year, upon three days' notice being given by the street foreman or other officer appointed by the Board of Mayor and Commissioners of the time and place to commence; but such notices may be served either by the street foreman or any member of the police force or sent by mail, and mailing such notice to the last known address of any person shall be sufficient service thereof on such person. Any person so notified may be exempt from such work by sending an able-bodied and satisfactory substitute or by paying to the Recorder, to go to the street fund, such sum as the Board of Mayor and Commissioners may fix, but not less than fifty cents for each day's work prescribed. A day's work within the meaning of this section shall be eight hours of actual service. The Board of Mayor and Commissioners may by ordinance provide all needful and proper rules and regulations for the organization, management and control of the street force. Street labor. Substitute of payment in lieu of labor on streets. ARTICLE XII. LICENSE TAXES. Section 1. License taxes may be imposed by ordinance upon merchants, manufacturers, professions, auctioneers, moving pictures, hotels, restaurants, assembly buildings, halls and garden theatres, exhibitions, circuses, slot machines, dance halls, billiard and pool rooms, museums, shooting galleries, bowling alleys, retailers of beer, wine gardens, beer gardens, saloons, dram shops, brewers, distillers, agents, real estate agents, mercantile agents, second-hand dealers, junk dealers, junk peddlers, photographers, contractors, insurance companies, telephone companies, telegraph companies, steam-railroad companies, electric and all other kind of railroad companies, pipe lines, public utilities, pipes, poles, wires or conduits of public utility companies, livery stables, sales stables, public garages, aerial transportation vehicles, public vehicles, private

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vehicles, bicycles, street-railway cars, public automobiles, private automobiles, automobile dealers, ferry and other boats, peddlers, hawkers, hucksters, billboards, publishers, newspapers, railroad-ticket brokers, pawnbrokers, and those engaged in loaning money, lenders on chattel mortgage, intelligence offices, agencies, rectifiers, undertakers, laundries, dyehouses, dry cleaners, engravers, bankers and banking corporations, safe-deposit establishments, trust companies, brokers, bonds and stock brokers, express companies, transfer companies, towel-supply companies, trading-stamp companies, slaughter houses, storage houses, and barber shops, and any and all other privileges, businesses, occupations, vocations, pursuits or callings, or any class or classes thereof, now or hereafter subject to taxation under the laws of Georgia; and a separate license tax may be imposed for each place of business conducted or maintained by the same person, firm or corporation. License taxes. Liquor license. The foregoing enumeration shall not be taken to affect or impair the general power of the city to impose license taxes upon any business vocation, pursuit or calling or any class or classes thereof now or hereafter not prohibited by law. License tax on other business. The city shall not be required to assess privileges at the same rate as is fixed by the State statutes. Assessment of privileges. The Treasurer shall enforce the collection of merchants' taxes and all other license taxes, and for this purpose shall have and exercise the powers by law vested in, and follow the procedure and methods prescribed for, county court clerks. Enforcement by Treasurer. ARTICLE XIII. CITY BONDS. Section 1. Some of the purposes hereby specifically authorized for which the bonds of the city may issue and be given, sold, pledged, or disposed of on credit of the city or solely upon the credit of specific property owned by the

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city, or solely upon the credit of income derived from any property used in connection with any public utility owned or operated by the city, or upon any two or more such credits, are the following: Municipal bonds. For the acquiring of land; for the purchase, construction, reconstruction, or extension of waterworks, public sewers, streets, alleys, buildings and equipment for the fire department, bridges and viaducts, street-railroads, terminals, ferries, docks, wharves, warehouses, gas or electric-light works, power plants, telephone and telegraph systems, or any other public utility, for hospitals, jails, workhouses, libraries, and other public buildings, public parks, parkways, boulevards, grounds, squares, river, and any other public improvements which the city may be authorized or permitted to make; for the purchase of lands or other property, real or personal, for school purposes, the construction or purchase of buildings and equipment for school purposes, and for the purchase and equipment of playgrounds either in connection with the schools or separate therefrom, and for paying, refunding, or renewing any bonded indebtedness of the city. Purposes of bonds. The foregoing enumeration shall not be construed to limit any general provisions of this charter authorizing the city to borrow money or issue and dispose of bonds, and such general provisions shall be construed according to the full force and effect of their language, as if no specific purposes had been mentioned; and the authority to issue bonds for any of the purposes aforesaid is cumulative and shall not be construed to impair any authority to make any public improvements under any provision of this charter or of any law. Sec. 2. The total bonded indebtedness of the city shall not exceed the limitations set out in paragraphs 1 and 2 of article 7, section 7, of the Constitution of the State of Georgia, and in all respects the bonded indebtedness, the election call therefor, qualifications of voters thereat, the amount and provisions for the sinking fund to retire, shall

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conform to the general laws of the State of Georgia regulating the bonded indebtedness of municipal authorities. Limit of bonded debt, etc. Sec. 3. Whenever any bonds, interest coupons, or other written evidence of the city's debt shall be paid and discharged, they shall be cancelled by the recorder. The Recorder shall immediately stamp the bonds, and the Mayor shall cancel the same in the presence of the Board of Mayor and Commissioners at its next regular meeting, by writing in ink over his signature upon the face of each bond the fact and date of its cancellation. Cancellation of bonds, etc. Interest coupons and other evidences of debt shall be filed and presented for examination in annual audits. Coupons. ARTICLE XIV. SINKING FUND. Section 1. All sinking funds of the city may be invested by the recorder, by and with the consent of the Board of Mayor and Commissioners, in bonds of the United States, of the State of Georgia, of the County of DeKalb, or of the City of Avondale Estates, on the best terms obtainable. The recorder, by and with the consent of the Board of Mayor and Commissioners, may sell the securities belonging to a sinking fund, or any part of them, at any time when the proceeds thereof may be needed for the payment of bonds, on the best obtainable terms. The Recorder, by and with the consent of the Board of Mayor and Commissioners, may exchange any bonds belonging to a sinking fund for bonds of the city whenever such change may be advantageous for the city. Sinking fund, investment of. Sale of securities. Exchange of bonds. Sec. 2. If the amount of any sinking fund, with the interest or revenue thereof, computed to the maturity of the city bonds, be sufficient to pay at maturity all of the bonds for which it is held, the levy of the tax for such sinking fund may then be omitted, but if by reason of decrease of interest or depreciation of investments or other cause said fund shall not be sufficient, the levy shall be resumed. Levy of tax where sinking fund not sufficient.

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Sec. 3. Any monies remaining in the sinking fund after payment of the entire bonded debt for which it was accumulated shall be paid into the general fund. Unused balance of sinking fund. ARTICLE XV. BUDGET AND APPROPRIATIONS. Section 1. The City Manager shall be budget commissioner. The fiscal year of the city shall begin on the first day of January until otherwise provided by ordinance. The City Manager shall, on or before November 15th of each year, submit to the Board of Mayor and Commissioners an estimate of the expenditure and revenues of the city for the ensuing fiscal years. This estimate shall be compiled from detailed information obtained from the several departments on uniform blanks to be furnished by the City Manager. The classification of the estimate of expenditures shall be as nearly uniform as possible for the main functional divisions of all departments, and shall give in parallel columns the following information: City Manager to be Budget Commissioner. Duties. Estimate of expenditure and revenue. (a) A detailed estimate of the expense of conducting each department as submitted by the department. (b) Expenditures for corresponding items for the last two fiscal years, stated separately. (c) Expenditures for corresponding items for the current fiscal year, including adjustments due to transfers between appropriations plus an estimate of expenditures necessary to complete the current fiscal year. (d) Amount of supplies and material on hand at the date of the preparation of the estimate. (e) Increase or decrease of appropriations proposed by each department, compared with the corresponding appropriations for the current year. (f) Such other information as is required by the Board of Mayor and Commissioners, or that the City Manager may deem advisable to submit.

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(g) The recommendation of the City Manager as to the amounts to be appropriated, with reasons therefor, in such detail as the Board of Mayor and Commissioners may direct. Recommendations as to appropriations. Such estimate shall be published not less than three days before transmission to the Board of Mayor and Commissioners, in the official newspaper of the city, and sufficient copies of such estimates shall be prepared and submitted, that there may be copies on file in the office of the Recorder for inspection by the public. Publication of estimate. Sec. 2. Upon receipt of such estimate the Board of Mayor and Commissioners shall prepare a tentative appropriation ordinance, which shall also be published in official newspaper of the city, not less than one week before it is taken up for consideration by the Board of Mayor and Commissioners, and before acting upon such tentative appropriation ordinance the Board of Mayor and Commissioners shall consider same at the next regular meeting, and any voter or taxpayer may appear at said meeting and may be heard in person or by attorney. The appropriation ordinance for each fiscal year shall be finally adopted before the first day of the fiscal year. Tentative appropriation ordinance; publication. Hearing of Objections. Sec. 3. At the end of each year all unencumbered balances or appropriations in the treasury shall revert to the general fund and be subject to further appropriations. Such balances shall be considered unencumbered only when the City Manager shall certify in writing that the purpose for which they were appropriated has been completely accomplished and that no further expenditure in connection with it will be necessary. Balances or appropriations reverting to general fund. ARTICLE XVI. DEPARTMENTS. Section 1. That the work and affairs of the city may be classified and arranged conveniently and conducted efficiently, there are hereby established the following departments: Departments.

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1. Department of Finance. 2. Department of Public Safety. 3. Department of Public Welfare. 4. Department of Public Works. 5. Department of Education. Sec. 2. The Board of Mayor and Commissioners shall fix all salaries in all departments, except the department of education, prescribe the duties and functions of all departments except as fixed by this charter, and may create new departments, combine or abolish existing departments, or establish temporary departments for special work. Salaries; duties; new departments, etc. Sec. 3. The City Manager shall supervise and control all departments now or hereafter created, except as otherwise provided by this charter. Supervision by City Manager. ARTICLE XVII. POLICE FORCE. Section 1. The City Manager shall appoint such patrolmen and other members of the police force as may be provided by ordinance. Appointment of police force. Sec. 2. It shall be the duty of the Chief of Police and the members of the police force to preserve order in the city, protect the inhabitants and property owners therein from violence, crime and all criminal acts, prevent the commission of crime, violations of law and of the city ordinances, and perform a general police duty; execute and return all processes, notices and orders of the City Court, Mayor, City Manager, City Attorney and Recorder, and all other processes, notices and orders as in this charter or by ordinance may be provided. Chief of Police; duties. Sec. 3. In time of riot or other emergency the Mayor or City Manager shall have power to summon any number of male inhabitants to assist the police force. Riot or emergency.

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Sec. 4. Members of the police force, whenever necessary for the purpose of enforcing the ordinances of the city, shall procure the issuance of warrants, serve the same and appear in the city courts as prosecutors, relieving complaining citizens, in so far as practicable, of the burden of instituting cases involving the violation of city ordinances, but this shall not be construed to relieve any person from the duty of appearing in court and testifying in any case. Police duties, as to procuring warrants, serving, prosecuting, etc. Sec. 5. The Chief of Police and other members of the police force shall receive salaries to be fixed by the Board of Mayor and commissioners. Salaries. ARTICLE XVIII. FIRE DEPARTMENT. Section 1. The City Manager shall appoint a Chief of the Fire Department and such other members of the said department as may be provided by ordinance. Appointment of Fire Chief and firemen. Sec. 2. It shall be the duty of the Chief of Fire Department and the members thereof to take all proper steps for fire prevention and suppression. Duties of Chief. Sec. 3. The Chief of the Fire Department, or any assistant of such chief in charge at any fire, shall have the same police powers at such fire as the chief of police, under such regulations as may be prescribed by ordinance. Police powers. Sec. 4. The City Manager may appoint a Fire Marshal, whose duty it shall be, subject to the Chief of Fire Department, to investigate the cause, origin and circumstances of fires, and the loss occassioned thereby, and assist in the prevention of arson. Fire Marshal. ARTICLE XIX. BOARD OF EDUCATION. The Mayor and Commissioners shall have power to appoint a Board of Education, consisting of three qualified citizens,

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residing within the corporate limits, and not members of the Board of Mayor and Commissioners, which boards, when so appointed, shall have full power, as trustees or directors, to manage and control the public or city schools. Board of Education. Sec. 2. At the time of the organization of the first Board of Education, one member shall be appointed to serve until the first meeting of the Board of Mayor and Commissioners in January, 1929, and one member to serve until the first meeting of the Board of Mayor and Commissioners in January, 1930, and the third member shall be appointed until the first meeting of the Board of Mayor and Commissioners in January, 1931. At the expiration of the term of each member a successor shall be appointed for a term of three years, but in every case such member shall hold office until a successor is actually appointed and qualified. The members of the Board of Education shall appoint one of their number as president. Before entering upon their duties members of the Board of Education shall take the oath prescribed by the laws of Georgia for such officers. Terms of members. Successors. President of board. Oath. Sec. 3. The Board of Education shall have power to make rules and regulations for the discharge of its functions but the Recorder shall prescribe the methods to be followed by the said board in keeping its accounts and records. Rules. Sec. 4. The Board of Education shall appoint, for a term of not exceeding three years, prescribe the duties and powers of, and fix the salary of, the Superintendent of Schools of the city, and appoint, fix the salaries of, and have power to remove, a Secretary of the Board, who shall not be a member thereof, and all other offices and all teachers, agents and employees of the department of education. Superintendent of Schools; teachers, etc.; appointment, removal. Sec. 5. All plans for the erection or improvement of school buildings or other buildings used for educational purposes shall be subject to the approval of the Board of Education. Plans for school buildings, etc.

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Sec. 6. All material, supplies and equipment for educational purposes shall be purchased by the city manager only upon the requisition of the Board of Education. Purchase of supplies. Sec. 7. The Board of Education shall meet at least once in each month during the period when any schools of the city are in session, at such time as may be fixed by the board; and at any time, upon request of two members of the board, or of the Superintendent of Schools and one member of the board, or of said Superintendent and the President of the Board, the Secretary of the Board shall call a special meeting of the board upon at least twelve hours' notice to each member of the board and the Superintendent of Schools, served personally or left at his usual place of residence. Board meetings. Every call for a special meeting shall set forth the character of the business to be discussed at such meeting, and no other business shall be considered at such meeting. The Board of Education shall exercise its powers only in its regular and special meetings herein provided for. Powers exercised only at meetings. Sec. 8. In apportioning the State and county school funds of DeKalb County, the county board of education (or other apportioning and disbursing body) of DeKalb county, shall apportion and pay over to the Treasurer of the City of Avondale estates such portion of the State and county school funds as by law is applicable to the schools within the limits of the City of Avondale Estates. State and county school funds. The Treasurer of the city shall be ex-officio treasurer of the Board of Education. Treasurer of board. Sec. 9. The Board of Mayor and Commissioners shall provide by ordinance for the manner in which the State, county and city taxes apportioned to the school fund, shall be paid over by the City Treasurer on the order of the Board of Education. Share of State and county taxes.

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ARTICLE XX. ADVERTISEMENT FOR PUBLIC WORK. Section 1. Any public work or improvement costing more than one thousand dollars shall be executed by contract, except where a specific work or improvement is authorized by the Board of Mayor and Commissioners, based on detailed estimates submitted by the department authorized to execute such work or improvement, and approved by the City Manager. Public work; contracts. All contracts for more than one thousand dollars shall be awarded to the lowest responsible bidder after publication, advertisement and competition, as may be prescribed by ordinance; but no contract for any public work or improvement shall be awarded except on condition that the contractor give bond with some bonding company authorized to transact business in the State of Georgia, as surety, in a sum equal to fifty per cent. (50 per cent.) of the contract price of the particular work or improvement for the faithful performance of such contract. But the City Manager shall have the power to reject all of the bids, and advertise again: and all advertisements shall contain a reservation of this right. Advertisement for bids. Bond of contractor. Rejection of bids. Sec. 2. The Board of Mayor and Commissioners shall before the end of each fiscal year, by resolution or ordinance, call for bids from the newspapers published or circulating in the city for the publishing of all advertising notices, and other matter of every description that the city may publish, and shall award the contract for such publishing during the ensuing fiscal year to the paper submitting the lowest bid; and such paper shall be known during the year as the official newspaper of the city. All said advertisement, notices, and other matter published shall appear on the same day of each week, which day shall be selected by the Board of Mayor and Commissioners at the time it calls for bids as aforesaid. Bids for newspaper advertising. Sec. 3. No member of the Board of Mayor or Commissioners nor any officer or employee of the city shall be

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connected with or have any interest, direct or indirect, in any contract with the city, or any purchase or sale by or to the city of anything whatsoever. Private interest in contract, etc. Any person violating this provision shall be removed from office or discharged. Penalty. ARTICLE XXII. On the first Tuesday in November, 1927, an election shall be called in manner and form provided by law for the purpose of electing the Board of Commissioners for the City of Avondale Estates, such board, when duly elected, to take and hold office on the first of January, 1928, said election to be duly held in accordance with the terms of this charter and of the laws of the State. Elections of Commissioners. ARTICLE XXII. If any section or part of a section of this charter proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force, or effect of any other section or part of a section of this charter, unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon the section or part of a section so held unconstitutional or invalid. Charter not invalidated by void part. ARTICLE XXIII. Be it further enacted, that this Act take effect on the first day of January, 1928. Effective when. ARTICLE XXIV. 1. Be it further enacted, that the Ordinary of DeKalb County shall call an election on Tuesday, September 20th, for the purpose of the adoption or rejection of this charter, said election to be known as the Referendum election, at which election all persons who were bona fide residents of legal voting age, within the proposed corporate limits

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of the proposed City of Avondale Estates, Ga., on August 1, 1927, shall be qualified to vote, provided each such resident shall have registered. Registration shall be conducted under the supervision of the Ordinary of DeKalb County, and the registration list shall close on Saturday, September 10, 1927. Referendum as to adoption of charter. 2. At the Referendum election a majority of the votes cast, whether for the adoption or rejection of the charter, shall become the will of the people. 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, 1926. BAINBRIDGE CLERK AND TREASURER; TREE AND PARK COMMISSION. No. 97. An Act to amend an Act entitled An Act to create a new charter for the City of Bainbridge, and for other purposes approved December 16, 1901, and all acts amendatory thereof, so as to authorize the Mayor and Alderman to combine the offices of treasurer and clerk so that said office may be filled by one person; to provide for a tree and park commission, 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 city council may be ordinance combine the offices of City Clerk and City Treasurer, or they may in their discretion elect one man to fill both offices, such office or offices to be governed by all present provisions of law affecting the two offices. Combination of offices of clerk and treasurer. Sec. 2. Be it further enacted, that the Mayor and Alderman of the City of Bainbridge may, by ordinance,

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create a tree and park commission consisting of three adult persons selected by them, who shall serve for a period of two years, without compensation and with the following powers and duties, to wit: Tree and Park Commission. A. To have supervision of all of the parks of the city and to recommend to the council such improvements therein as shall be necessary. Powers and duties. B. To have supervision of all complete control over the cutting and removal of all the trees upon the streets and highways of the city of Bainbridge. C. To provide for the replanting of trees and shrubs on streets and in the public parks of said city. 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, 1927. BAINBRIDGE COMMISSIONERS AND CITY MANAGER; REFERENDUM. No. 75. An Act to amend the charter of the City of Bainbridge; to abolish the offices of Mayor and Councilmen and other offices of said city; to provide for city manager form of government; to amend a certain Act approved December 16, 1901, entitled An Act to create a new Charter for the City of Bainbridge, together with the Acts amendatory thereto, and providing for the qualification and election and recall of commissioners, 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 in lieu of the Mayor and Alderman of the City of Bainbridge, there is hereby created a board

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of three (3) commissioners, hereinafter called the Board of Commissioners, which Board of Commissioners is hereby given all the rights, powers and authority heretofore vested in the Mayor and Aldermen, 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. Board of Commissioners created. Powers. Mayor's powers. Sec. 2. 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 16th, 1901, creating a new charter for the City of Bainbridge, together with all amendatory Acts thereto, except as herein amended; and all Acts not inconsistent with this Act are hereby declared continued in force. Corporate name, etc., preserved. QUALIFICATION AND ELECTION OF COMMISSIONERS. Sec. 3. That the three (3) commissioners herein named and created shall be elected by the qualified voters of the City of Bainbridge. Members of the commission shall be residents of the City of Bainbridge and have the qualifications of electors therein. Election of commissioners. Sec. 4. (A) No candidate for the office of commissioner will be eligible to hold office unless a petition in the form hereinafter prescribed shall have been filed in his behalf with the City Clerk and such petition shall have been signed by not less than one hundred (100) qualified electors of the City of Bainbridge. The signatures to a petition need not all be appended to one paper, but to each separate paper there shall be attached an affidavit of the circulator thereof, stating the number of signers of such paper, and that each signature appended thereto was made in his presence and is the genuine signature of the person whose name it purports to be. Candidacy dependent on petition of electors; requirements as to petition. (B) Each signer of a petition shall sign his name, and shall place on said petition after his name his place of

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residence by street. Petition papers shall be in substantially the following form: We, the undersigned, hereby present....., whose residence is..... Bainbridge, Georgia, as a candidate for election to the office of Commissioner, to be voted upon at the regular election to be held on the..... day of.....19..... And we individually certify that we have not signed similar petitions greater in number than the number of Commissioners to be chosen at the next general municipal election. Name..... Street..... Decatur County, State of Georgia. ....., being duly sworn, deposes and says that he is the circulator of the foregoing petition containing signatures, and that the signatures appended thereto were made in his presence and are the signatures of the persons whose names they purport to be. Signed..... Sworn to and subscribed before me this the..... day of..... 19..... ..... Notary Public (C) All petitions shall be assembled and filed with the City Clerk, as one instrument, at least thirty (30) days prior to the date of holding the election with respect to which such petition is filed. Time of filing petition. (D) Any person whose name has been submitted for candidacy by any such petition shall file his acceptance of such candidacy with the City Clerk not later than twentyfive (25) days before the day of election, and in the absence of such acceptance the name of the candidate shall not appear on the ballot. Acceptance of candidacy. (E) No Commissioner shall, before going into office, promise any person to appoint him to office, or agency,

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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, conviction of which shall immediately forfeit the office of the member so convicted. Prohibited promises. Penalty for promise. TERM OF SERVICE OF COMMISSIONERS AND ELECTION OF MAYOR AND MAYOR PRO-TEM. Sec. 5. All Commissioners shall serve for a term of four years and until their successors are elected and have qualified, except that at the first election the two candidates having the highest number of votes shall serve for four years and the one candidate having the next highest number of votes shall serve for two years. The general election will be held on the first Wednesday in December every second year for the election of one or more Commissioners whose term of office shall have expired. Terms of office of Commissioners. Election. Sec. 6. The Commissioners elected or becoming Commissioners under this Act shall take office on the first Monday in January 1928, and thereafter on the first Monday in January every succeeding two years, and shall qualify and be inducted into office in the same manner as the Aldermen are now qualified and inducted into office. The wording Commissioner and Board of Commissioners of the City of Bainbridge shall be used instead of Aldermen or Mayor and Aldermen, being necessary to carry this into effect. Title of board, etc. Sec. 7. The Board of Commissioners at their first meeting in each year shall elect one of their number to serve as Mayor, and if they are unable to agree among themselves and elect a Mayor, then the Commissioner who has continually served as such for the greatest length of time, shall serve as Mayor until an agreement is reached, provided that in the event the Board of Commissioners are not able to reach an agreement on the choice of Mayor within thirty (30) days after the first meeting in the year,

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then and in that event the Judge of the Superior Court of Decatur County shall name one of said Board of Commissioners as Mayor; and it shall be the duty of the City Attorney to bring such matters to the attention of said Judge. Vacancies in the office of Mayor shal be filled for the unexpired term in the same manner by the Board of Commissioners, if such vacancy occurs. Election of Mayor by board. Vancies. Sec. 8. The Board of Commissioners 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 office shall be filled by the Board of Commissioners for the unexpired term. Mayor pro tem. Vacancies. ELECTION TO FILL VACANCIES. Sec. 9. In case of a vacancy in the office of any Commissioner an election shall be called to fill the unexpired term. Such election shall be called within fifty (50) days after such vacancy occurs. The same rules governing the regular election of Commissioners shall apply. Vacancy in office of Commissioner. COMPENSATION OF COMMISSIONERS. Sec. 10. Each of said Commissioners (except the Mayor) shall receive a compensation of twenty dollars ($20.00) per month, and the Mayor shall receive forty dollars ($40.00) per month. Pay of Commissioners and Mayor. REGULATING CITY PURCHASES. Sec. 11. 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. The Board of Commissioners may be ordinance prescribe who shall sign vouchers for the paying out of the city funds, and under what rules and regulations. No contract involving purchases or sales in excess of five hundred ($500.00) dollars shall be valid unless approved by the City Manager and the Commissioners. Purchases. Contracts of purchase or sale; approval.

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APPOINTING CITY MANAGER. Sec. 12. The Board of Commissioners shall within thirty (30) days after their election and qualification select and appoint a City Manager, 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 upon due notice and statement of cause. He shall be selected with due regard to his experience and fitness for handling business in an efficient and economical way, and shall be directly responsible to the Board of Commissioners for the efficient and economical conduct of all City Departments. During his absence or disability the Board of Commissioners may designate some properly qualified person to execute the function of the office. City Manager; administrative head of government; appointment; salary. Removal. Absence of City Manager. Sec. 13. The powers and duties of the City Manager shall be: Powers and duties of City Manager. (a) To see that all laws and ordinances of said city are enforced. (b) To exercise control over all the departments and divisions of the City of Bainbridge now created, or that may hereafter be created by the Board of Commissioners, except as herein otherwise provided. (c) To attend all meetings of the Board of Commissioners, with the right to take part in the discussions, but have no right to offer resolutions or to vote. (d) To recommend to the Board of Commissioners for adoption such matters as he may deem necessary and expedient. He shall prepare and submit to the Board of Commissioners 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

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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. Powers and duties of City Manager. (e) To keep the Board of Commissioners advised to the financial condition and needs of the city. (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 for 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 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 and fitness 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 for any position requiring special skill and knowledge in any department, only technical employees shall be chosen. Provided, further, that the City Manager shall fix the salary of all officers and employees in all departments, except as herein otherwise provided, subject to the approval of the Board of Commissioners. The Board of Commissioners and its members shall deal with the administrative service through the City Manager, and neither the Board of Commissioners nor any member thereof shall give orders to, nor make requests of, any or the subordinates of the City Manager, either publicly or privately. (i) To make all purchases of material and supplies used by the city and to make all contracts for printing, and to approve all vouchers for the payment of same, under such rules and regulations as the Board of Commissioners may by ordinance prescribe.

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(j) To conduct all sales of personal property of the city which the Board of Commissioners may authorize to be sold and which may have become unnecessary or unfit for the city's use. (k) To perform such other additional duties, not inconsistent with those named herein, that the Board of Commissioners may by ordinance or resolution prescribe. DEPARTMENT OF PUBLIC SAFETY. Sec. 13. The Police Department shall be under the direct management and control of the City Manager, the Chief of Police to be appointed by said 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. The Chief of Police shall be directly responsibly to the City Manager for the conduct of his department, and for the enforcement of all laws and ordinances. Police Department. Sec. 14. The Chief of the 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 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. Fire Department. DEPARTMENT OF PUBLIC SERVICE Sec. 15. The Superintendent of the Water Department shall be chosen by the City Manager. All other employees of this department shall be appointed by the Superintendent of the Water Department by and with the consent of the City Manager. The Superintendent of the Water Department shall be held directly responsible to the City Manager for the proper conduct of his department

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The office of Superintendent of the Water Department shall be held at the pleasure of the City Manager. Water Department. OFFICE OF CITY MARSHAL Sec. 16. The office of 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. The Chief of Police or one of the policemen of the City of Bainbridge shall be appointed City Marshal, and he shall collect tax fi. fas., and special tax, and see that all licenses due the city are collected. He shall obtain from the City Treasurer on the first Monday in May of each year the names of all persons who have not obtained license and have not paid special tax imposed by special ordinance, required of them to execute their respective business or trade, and he shall proceed at once to collect said tax and license as required by the laws of the city. In case of default in the payment of licenses or special tax he shall bring parties so defaulting before the proper authority. The City Marshal shall 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. The Marshal shall, in fifteen (15) days after any tax execution is placed in his hands for collection, levy and immediately thereafter advertise the property so levied upon for sale, and if after diligent search he is unable to find any property upon which to levy such execution, he shall enter a return of nulla bona thereon, and after exhibiting such return to the Mayor or Chairman of Finance Committee, either shall approve same and deliver the same execution to the City Treasurer, who shall file the same as an insolvent claim among the city papers. The City Marshal shall turn all cost of collection of fi. fas. over to the City Treasurer, and the compensation that he receives as Marshal and policeman shall be in full, and no fees, costs or other emoluments shall be paid him. Marshal; appointment, salary, duties. No fees for Marshal.

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RESPONSIBILITIES OF BOARD OF COMMISSIONERS. Sec. 17. The Board of Commissioners shall each year cause to be printed in the official gazette of Decatur County a detailed, itemized, synopsis statement of receipts and disbursements of the city and a summary of the preceding year. Annual financial statement; publication. Sec. 18. The Board of Commissioners may require the said City Manager to come before them at any time and answer questions, either orally or in writing, and may require from said City Manager, at any time they see fit, a written report upon any matter involving the city that they may deem proper, and the City Manager shall report to said Board of Commissioners his general actings and doings as often as they may require, and shall regularly, at stated intervals, at least quarterly, file full and complete reports of the various departments of the city. All such reports shall be filed with the City Clerk and by him brought to the attention of the Board of Commissioners at therir first meeting thereafter. Reports of City Manager. Sec. 19. The City Manager shall devote his entire time to his office as City Manager, and the members of the Board of Commissioners shall devote as much of their time as may be necessary. The said Board of 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 of Commissioners shall keep reports of their meetings and shall record all their actions. The City Clerk is hereby named as the official Secretary of the Board of Commissioners and charged with the duty of attending and keeping the minutes of all meetings of said Board of Commissioners, which record and minutes shall be open to the inspection of the general public in the office of the City Clerk in the City Hall at all reasonable hours. Entire time of City Manager required. Sec. 20. The Board of Commissioners shall be required to meet in special session as often as any two Commissioners

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or the Chairman of the City Manager may request. Special meetings of the Board of Commissioners 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 of Commissioners and the 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. Should the Clerk fail to locate within the City limits of Bainbridge, any member of the Board of Commissioners in the manner above stated, he shall cause a written notice of such meeting to be left at the place of business or residence of said Commissioner. The same rule of service shall apply to the city manager, or anyone else with whom the Board of Commissioners has special business to transact. Board meetings. Sec. 21. The Board of Commissioners shall adopt the same parliamentary procedure as is now used by the Mayor and City Council with power to amend the same in any manner by ordinance. Provided that the presence of at least two (2) Commissioners shall be necessary for a quorum for the transaction of City business, and two votes considered a majority to effect action. Parliamentary procedure. Quorum. ABSENCE FROM COMMISSIONERS' MEETINGS Sec. 22. Absence from four (4) consecutive meetings shall operate to vacate the seat of a member of the Board of Commissioners, unless such absence be authorized by the Board of Commissioners. Office vacated by absence, when. WHEN CONTRACTS AND AGREEMENTS ARE INVALID Sec. 23. No member of the Board of Commissioners, the City Manager, nor any official or employee of the

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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 shall be declared null and void by the said Board of Commissioners. Contracts. Invalidation of contract by interest of commissioner. GIFTS AND EMOLUMENTS NOT TO BE ACCEPTED. Sec. 24. 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 or a public nature within the city, or from a person, firm, or corporation seeking to sell or which may desire to sell supplied to said city, perform service for, or make a contract with the 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 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. Gifts not to be accepted when. Graft. PROHIBITING POLITICAL ACTIVITY. Sec. 25. Neither the City Manager nor any other official or employee of any department under him shall campaign or solicit votes for, or contribute any money toward, the election or nomination of any person as Commissioner of said city, except to answer such question as may be put and that they may desire to answer. Any violation of this section shall subject offender to removal from office. Political activity of officer or employee. Penalty. INVESTIGATION BY COMMISSION. Sec. 26. The Board of Commissioners herein created or any committee thereof shall have the power at any

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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 by 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. OWNERSHIP AND CONTROL OF PUBLIC UTILITIES AND FRANCHISES. Sec. 27. The City of Bainbridge shall have authority through its officers, agents, employees and representatives to purchase, build, construct, own, control, operate, manage, extend or sell an electric-light plant, a gas plant, a waterworks plant and any and all other public utilities that the city may now own or may hereafter acquire, subject to the provisions of this charter. Authority to own and control public utilities. Sec. 28. No contract for the purchase, construction or sale of any public utility will be valid until such contract shall first have been unanimously approved by the Board of Commissioners at a regular meeting and immediately thereafter shall have been published for four (4) consecutive issues of the public gazette; following which an election shall be held within thirty (30) days from the date of last publication for the purpose of ascertaining the wishes of the electorate as to whether or not the contract shall be entered into. A majority of the registered votes cast will be necessary to decide the matter. Contract as to public utilities; election to authorize. Sec. 29. The Board of Commissioners may, by ordinance, grant permission to any individual, company or corporation to construct and operate a public utility within the corporate limits of the City of Bainbridge. The ordinance granting such franchise shall be subject to referendum

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and shall not have become a law until it has been published and ratified by a majority of the registered voters in accordance with the conditions and provisions named in section 28. Franchise for public utility. Sec. 30. No exclusive franchise or renewal shall ever be granted, and no franchise shall be renewed before one year prior to its expiration. Renewal of franchise. No exclusive franchise. Sec. 31. The Board of Commissioners shall, in any ordinance granting or renewing any franchise to construct and operate a public utility, prescribe the kind and quality of service or product to be furnished, the rate or rates to be charged therefor, the manner in which the streets and public grounds shall be used and occupied, and any other terms and conditions conducive to the public interest. Terms of franchises. Rates, etc. Sec. 32. All such grants and renewals thereof shall reserve to the city the right to terminate the same and to purchase all the property of the utility in the streets and highways in the city and elsewhere, as may be provided in the ordinance making the grant or renewal, used in and for the operation of the utility, at a price either fixed in the ordinance, or to be fixed in the manner provided by the ordinance making the grant or renewal of grant. Reservation of right to purchase property of public utility. Sec. 33. The Board of Commissioners shall at all times control the distribution of space in over, under or across all streets or public grounds occupied by the public utility fixtures. All rights granted for the construction and operation of public utilities shall be subject to the continuing right of the Board of Commissioners to require such reconstruction, relocation, change or discontinuance of the appliances used by the utility in the streets, alleys, avenues and highways of the city as shall in the opinion of the Board of Commissioners be necessary in the public interest. Control of space used for public utilities. Sec. 34. Within six (6) months after this charter takes effect, every public utility, and every owner of a public utility franchise, shall file with the city certified copies of all such franchises owned or claimed or under which

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any such utility is operated within the city. The certified copies of franchises and other documents required by this section to be filed with the city shall be filed and preserved as a public record in such office thereof as the Board of Commissioners may by ordinance designate. Filing of copies of franchises. RIGHT TO COMBINE OFFICES. Sec. 35. The Board of Commissioners shall have the right to combine the offices of City Clerk and City Treasurer and any other departments or offices at any time they should deem it expedient and advisable. Right to combine offices. CITY CLERK AND CITY TREASURER. Sec. 36. The City Clerk and City Treasurer 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 into the City Treasury. Clerk and Treasurer responsible to City Manager. Salary. Dismissal; appeal. Fi. fa. cost. CITY ATTORNEY. Sec. 37. 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 this Act may prescribe or the Commission may by ordinance prescribe. City attorney; duties, pay, etc. HANDLING OF CITY FUNDS. Sec. 38. 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

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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 of the department or official making such deposits. Wherever practicable such deposits shall be made with the City Treasurer daily, and the City Treasurer may be required by the Board of Commissioners or the City Manager at any time to prepare a financial statement of his affairs. City funds; deposit, etc. Treasurer's record, etc. Financial statement. BONDS REQUIRED. Sec. 39. It shall be the duty of the Board of Commissioners to require bond of every city official or employee handling funds, or authorizing the payment of funds, in such amount as they may by ordinance provide. It shall be lawful for the City to pay for the premium on 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. Official bonds. Audit. RECALL OF COMMISSIONERS. Sec. 40. Any or all members of the Board of Commissioners may be removed from office by the electors of the City of Bainbridge by the following procedure: Recall of Commissioners. (A) A petition for the recall of the Commissioner designated, signed by at least two hundred (200) 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 (5) 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 (5) 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

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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 (30) 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 indelible pencil and shall place thereafter his residence and street number. Petition for recall. (B) At the expiration of said thirty (30) days the days the Clerk shall assemble all of said copies in his office as one instrument, and shall examine the same and ascertain and certify thereon whether the signatures thereto amount to at least twenty-five per cent (25%) of the registered voters of the city. If such signatures do amount to such per cent. 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. Clerk's duties as to petition for recall. (C) If the Commissioner designated in the petition, file with the City Clerk within five (5) days after last mentioned notice, 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 as hereinbefore provided. In the absence of any such resignation the Board of Commissioners shall forthwith order and fix a day for holding a recall election for his removal. Any such election shall be held not less than thirty (30) days nor more than sixty (60) days after the expiration of the period of five (5) days last mentioned. Resignation of Commissioner. Filling vacancy. Election to recall.

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(D) The ballot at such election shall conform to the following requirements: With respect to each person whose removal is sought, the question shall be submitted: Shall (Name of Person) be removed from the office of 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: Ballots in election to recall. For the recall (Name of Person) Against the recall (Name of Person) Immediately following and to the left of each of the propositions shall be placed a square on which the electors, by making a cross mark (x), may vote for either of such propositions. Sec. 41. No recall petition shall be filed against a Commissioner within six (6) months after he takes his office, nor in case of an officer reelected in a recall election until six (6) months after that election. Time of filing recall petition. Sec. 42. 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 or Mayor and Council or Mayor and Aldermen, except where to do so would be to render void some particular provisions of this Act. Substitution of name board in place of Mayor, etc. Sec. 43. Should the aforesaid Act become effective after its submission to a vote as provided in the Acts of 1925, which election shall be held by the proper authorities on the first Wednesday in September, 1927, and which election shall be held whether petitioned for as provided by the general act, or not, then and in that event there shall be called, by the proper city authorities an election, in the manner now prescribed for holding elections, which said election shall be held on the first Wednesday in December, 1927, at which election the three (3) commissioners shall be chosen as the Board of Commissioners, to hold offices as hereinbefore provided. The

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general election for Commissioners shall be held as hereinbefore provided, on the first Wednesday in December of every second year. Election of Commissioners. Sec. 44. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 30, 1927. BAINBRIDGE SCHOOL-TAX ELECTION, VOTERS. No. 76. An Act to amend an Act entitled An Act to authorize 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 under and in conformity to section 4, article 8, of the Constitution of Georgia, and to authorize the County School Commissioner of said county to pay over to trustees of said city schools such part of the State school fund as may be their just pro rata share thereof, approved September 26, 1879, by striking therefrom section 8 of the Act and substituting therefor a section authorizing those persons qualified to vote for members of the General Assembly to vote for said school trustees. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority thereof, that section 8 of an Act entitled An Act to authorize 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 under and in conformity to section 4, article 8, of the Constitution of Georgia, and to authorize the County School Commissioner of said county to pay over to trustees of said city schools such part of the State school fund as may be their just pro rata share thereof, approved September 26, 1879, reading: `Section 8. Be it further

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enacted by the authority aforesaid, that the persons qualified and entitled to vote under this Act shall be only those who are actual residents of the City of Bainbridge at the time of said election, and who own bona fide real estate, in fee simple, in said city; and also such persons, actual residents, who have given in for taxation to the city, for the year in which the election takes place, at least five hundred dollars of personal property; but this section shall not be construed so as to exclude any administrator, guardian, or trustee, representing and returning property, as set forth in this section, who are actual residents of said city, and otherwise legally qualified, from voting at said section, be and the same is hereby amended by striking all of said section and substituting therefore the following, to wit: See Ga. L. 1878-9. p. 303. Section 8. Be it further enacted by the authority aforesaid, that the persons qualified and entitled to vote under this act shall be those only who are actual residents of the City of Bainbridge at the time of said election and who are qualified to vote for members of the General Assembly. Qualified voters at school-tax election. 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 15, 1927. BAINBRIDGE STREET IMPROVEMENTS. No. 170. An Act to authorize the city council of the city of Bainbridge to grade, pave, macadamize, and drain the streets, avenues, alleys, ways, lanes and other public places in said city, and to assess the costs of said improvements against the adjoining property on a basis of lineal foot frontage, to hear and pass on objections to such assessments; such assessments to constitute liens superior

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to all other liens except liens for other taxes; and authorizing said city council to issue bonds secured by said assessments, but not to become a liability of the City of Bainbridge or of the City Council, and providing for execution, levy and sale, and affidavits of illegality in opposition thereto, upon failure to pay the assessments provided for; providing for a referendum before this act becomes 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 the City Council of the City of Bainbridge 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 Bainbridge, and to improve the same by paving, macadamizing and draining the same whenever in its judgment the public convenience and welfare may require such improvement, subject only to the limitations prescribed in this Act. Authority for street-improvements. Sec. 2. Be it further enacted, that any street or steam railroad now having or which may hereafter have tracks running throgh 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 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 Bainbridge 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

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enforced against such property as hereinafter provided for the enforcement of other liens for paving. Paving, macadamizing, or draining railroad-tracks. Sec. 3. Be it further enacted, 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 Bainbridge, saic City 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 in the City of Bainbridge; 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 improvements, then said City Council shall have power to cause said improvements 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 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 declaring improvement necessary; publication Time for protest. Power to cause improvements made, etc. Petition for improvement. Duty to cause improvements made. Sec. 4. Be it further enacted, 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

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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 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. Assessment, how made. Sec. 5. Be it further enacted, that whenever the petition provided for in section three of this Act 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 section three of this Act, 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, gas or sewer pipes in and underneath the streets, avenues, lanes, alleys and ways and other public places where such public improvements are to be made, and all costs and expenses for making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for. Power to enact ordinances as to improvements, etc. Sec. 6. Be it further enacted, 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,

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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 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 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 faithfull 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 City Council. Said resolution shall also direct the Mayor 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, bonds or bond 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 four (4) consecutive issues of a newspaper of general circulation in the City of Bainbridge. At the time and place specified in such notice

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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 concontract shall in no case exceed the estimate of cost submitted by the City Engineer 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 providing for improvements; contents. Publication of resolution. Bids of contractors. Sec. 7. Be it further enacted, 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 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 Engineer, and the chairman of the street committee of the council, 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, 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, and 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

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issues of any newspaper of general circulation in the City of Bainbridge. 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 such 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 City Council shall be payable in ten (10) equal installments, and shall bear interest at the rate of not exceeding seven per cent. (7%) per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said 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%) over and above the rate of interest stipulated in the bonds herein provided for. Appraisers to apportion cost to abutting land. Report of appraisers. Meeting of Council, to hear objections. Notice. Time of hearing. Assessments, how payable. Interest. Sec. 8. Be it further enacted, 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

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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 Bainbridge 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. Installments of assessment, due when. Option as to payment. Distribution of money paid. Sec. 9. That such special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Lien of assessment; date. Unmatured installments not within general warranty. Sec. 10. Be it further enacted, that the said City Council, after the expiration of thirty (30) days from the passage of said ordinance confirming and levying said assessment, shall be 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 of the City Council of the City of Bainbridge issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on the fifteenth day of September next succeeding the maturity of the first installment of the assessments and interest, and one-tenth thereof, with the yearly interest upon the whole amount remaining unpaid, shall be payable on the fifteenth day of September in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding six per cent. (6%) per annum from their date until maturity, payable annually, and shall

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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 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 other expenses incident to and incurred in providing for said improvement 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. Street improvement bonds. Sale of bonds. Payment of contractor by delivering bonds. Registration of bonds. Sec. 11. Be it further enacted that the assessments provided for and levied under the provisions of this Act shall be payable by the person owning the said lot or tracts of land as the several [Illegible Text] become due, together with the interest thereon, to the Treasurer of the City of Bainbridge, 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 thereto, and for no other purpose. Payments of assessments; duty of Treasurer.

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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 or such assessments, to publish in two (2) successive issues of a newspaper published in the City of Bainbridge 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 [Illegible Text], proceedings 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 ot 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 Chief of Police of the City of Bainbridge, 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 purchase 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 of 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

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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 [Illegible Text] by the city Chief of Police, shall be returned to the Superior Court of Decatur County, Georgia, and there be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the said Treasurer or Clerk to publish said notice of maturity of an installment of said assessment and interest shall in no wise effect the validity of the assessment and interest and the execution issued therefor. Publication of notice of maturity of assessment or installment. (See end of section.) Issuance of execution. and sale. Title of purchaser. Affidavit of illegality. Failure to publish notice. Sec. 12 Be it further enacted, 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 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 section three 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 commenced 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 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. Injunction or suit to set aside assessment; limit of time for. Second assessment. Sec. 13. Be it further enacted, that in all cases where 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

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or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the [Illegible Text] 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. Sec. 14. Be it further enacted, 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 section three of this Act, for the pavement of any such street, avenue, alley, way or lane or other public places, 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 Decatur County is authorized to sign in behalf of the county, and where the City of Bainbridge is the owner, the Mayor of Bainbridge 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 under the present charter of the City of Bainbridge in reference to paving within the city of Bainbridge, but the same shall be in addition to present laws governing paving within said city. Paving where State, county or city owns abutting land. Sec. 15. Be it further enacted, that 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,

Page 887

and to enforce the payment of said assessments as the same are assessed in cases of street paving. Pipe laying. Sec. 16. This act shall not become effective unless a majority of those voting at an election hereinafter provided for declare themselves in favor of this act in the method hereinafter provided. The Mayor and Aldermen of the City of Bainbridge shall call an election 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 Decatur. Said election shall be held under the same rules and regulations covering the election of officers of said municipality, at which election the question of whether or not this act shall go into effect shall be submitted to the qualified voters. Those voting in favor of this Act's going into effect, shall have printed or written on their ballots, For paving Act, and those opposing this Act's going into effect, shall have written or printed upon their ballots, Against Paving Act. The result of said election shall be [Illegible Text] by the Mayor and Aldermen in council assembled as other elections of said city. If a majority of the votes cast at said election are in favor of this Act's going into effect, the same shall forthwith become effective and binding. If a majority of the votes are not in favor of this Act's going into effect, the same shall thereupon be of no effect and inoperative. Referendum as to adoption of this Act. Sec. 17. That all laws or parts of laws in conflict with this act be and the same are hereby repealed, and that certain act entitled An act amending the charter of the City of Bainbridge, approved July 16, 1925, and found in the Acts of 1925 at page 896, is specifically repealed, as well as that certain other act entitled An Act to authorize the Mayor and Aldermen of the City of Bainbridge, upon a written petition signed by the owners of fifty-one per cent. of the lineal frontage of the property abutting on both sides of the streets, alleys and sidewalks to be paved, to pave the streets, sidewalks, and alleys of Bainbridge, and providing for two methods of assessments and payment thereof, to wit; the owners of the adjacent

Page 888

property being assessed for and paying two thirds of the costs of said pavement, and the city one third, including also all the intersections of streets, sidewalks, and alleys; and the other method being, to wit: the adjacent properties being assessed for and paying the whole costs of said pavement except the street, sidewalk and alley intersections, which are to be paid for by the city; providing for the issuance of deferred paving assessment bonds payable in ten yearly installments; and providing for the issuance of fi. fas. and sales thereunder in case of default the payment of assessments; and authorizing the Mayor and Aldermen of said city to make and execute contracts for said paving when and after said petition signed by the owners of fifty-one per cent. of the lineal frontage of the property abutting on the streets, alleys, and sidewalks to be paved is filed with said Mayor and Aldermen of said City of Bainbridge, approved March 19, 1926, and found in the Acts of the Extraordinary Session of 1926 at page 77 et seq., which is also specifically repealed. Repeal of former Acts. Approved August 11, 1927. BARNESVILLE STREET IMPROVEMENTS. No. 74. An Act to authorize and empower the Mayor and Council of the City of Barnesville 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 require street and steam railroads in said streets and other public places to improve and pave the same within their tracks and two feet on either side thereof; 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, improving and paving entirely by the abutting and adjacent

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property owners on the basis of ten per cent. yearly for (10) years; to provide for the issuance of bonds by the said Mayor and Council, to be known as Street Improvement Bonds, to provide for the institution of actions at law for determining questions of legal liability arising therefrom, and for 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 the Mayor and Council of the City of Barnesville 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 Barnesville 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 for street improvements. Sec. 2. Be it further enacted by the authority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through the streets, avenues, lanes or alleys of said city or other public places, shall be required by said Mayor and Council to pave, macadamize and drain the width of its track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railroad company. And if such railroad company shall fail and refuse to comply with the order of said Mayor and Council to make such improvements by paving, macadamizing and 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 Barnesville 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

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such property as hereinafter provided for the enforcement of other liens for paving. Paving, etc., on street-railroad. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said Mayor and Council shall deem it necessary to grace, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part thereof, within the limits of the City of Barnesville, 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 weekly newspaper published and having a general circulation in the City of Barnesville; and if the owners of a majority of the lineal feet of frontage 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 the 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 improved may be included in one resolution, but any protest or objection shall be made as to each street or other highway separately; provided that if the owners of a majority of the lineal feet of frontage 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 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 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 shall not be required. Resolution declaring improvement necessary; publication. Time for protest. Power to improve and assess. Petion for improvement. Duty to cause improvement made. Sec. 4. Be it further enacted by the authority aforesaid, that the lots, pieces or parcels of land fronting and

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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 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, unless the owners of a majority of the aforesaid frontage in the petition hereinbefore provided for, shall agree to pay the entire cost of said improvement, or unless in the resolution hereinbefore provided for it shall be stated that the entire cost of the improvement is to be paid by the abutting property owners. Assessment, mode of. Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in section three of this Act is presented, or when the said 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 three 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 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

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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. Power to enact ordinances as to improvement, etc. Pipe connections. Expense included in assessment. 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 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, 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 conditions 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 Clerk of said city to advertise for sealed proposals for furnishing

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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 and 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 in four (4) consecutive issues of a weekly newspaper of general circulation in the City of Barnesville. 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 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 providing for improvement; contents. Advertisement for bids. Contract. Sec. 7. Be it further enacted by the authorty aforesaid, that after 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 improvement 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 three members who are freeholders of said city, to appraise and apportion the cost and expense of the same to the several tracts of land abutting on said improvements as hereinbefore provided. Within ten (10) days from the date of the resolution appointing said board it shall file with the Clerk of the City Council a written report of the appraisal and the assessment and apportionment, in the manner and on the basis herein provided, of such expense and cost,

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upon the several lots and tracts of land abutting on said street or upon the property of any street or steam railway whose tracks run along such street, where such railway has failed or refused to do any of the paving provided herein when and as required by the Mayor and Council. When said report shall have been returned and filed, the said Mayor and Council shall appoint a time for the holding of a session or shall designate a regular meeting of their body 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 the City Council once a week for four weeks in the paper in which the sheriff's advertisements for the county are published, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the date of the last publication. The said Mayor and Council at said session shall have power, and it shall be their duty, to review and correct said appraisement, apportionment and assessments, and to hear objections to the same, and to confirm the same either as made by said board or as corrected by said governing body. 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 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 per cent. (1%) over and above the rate of interest stipulated in the bonds herein provided for. Board of Appraisers. Apportionment of cost, etc. Hearing of objections. Assessments; payable in installments. Interest. Sec. 8. Be it further enacted by the authority aforesaid, that the first installment of said assessments, together

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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 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 Barnesville and relieve their property from the lien of said assessment, which money so paid to the said Treasurer shall be disbursed pro rata between the contractor and the city in proportion to the respective interest. Installments; when payable. Option as to payment. Disbursement of money paid. Sec. 9. Be it further enacted by the authority aforesaid, 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, 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; date. Unmatured installments not within general warranty. Sec. 10. Be it further enacted by the authority aforesaid, 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

Page 896

date fifteen (15) 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 Mayor and Council of the City of Barnesville 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. 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 Mayor and attested by the Clerk of Council, and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated by said Mayor and Council. Street-improvement bonds. Said bond 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

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or otherwise disposed of as the said Mayor and Council shall direct. Sale of bonds. Payment of contractor by delivery of bonds. 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 of bonds. Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the 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 Barnesville, who shall give proper receipts of 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 thereto, and for no other purposes. Assessments payable to Treasurer. Treasurer's duties as to collections, etc. It shall be the duty of said Treasurer or Clerk of Council, not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish in two successive issues of a weekly newspaper having a general circulation in the City of Barnesville 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 after the date of 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

Page 898

with interest, and shall turn over the same to the Marshal or Chief of Police of the City of Barnesville, 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 installments with interest, and also subject to the rights 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 is due, and stating what amount he 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 Lamar 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 the delay under the Code of Georgia. Notice as to maturity of assessment. Levy and sale. Title of purchaser. The failure of the said Treasurer or Clerk 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. Sec. 12. Be it further enacted by the authority aforesaid, that after the assessments are finally determined and fixed as hereinbefore provided for, suit may be instituted by the Mayor and Council in the Superior Court of Lamar County against the respective owners of the lots or parcels of land abutting upon said improvements.

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In such suit the Mayor and Council shall allege the passage and approval of the ordinance or ordinances, providing for the improvement and the approximate estimate of the cost of said improvement; and shall define and set forth the limits of the streets to be improved. The prayer of the petition shall be that the court find and determine the validity of said ordinance or ordinances and the question of whether or not the respective lots or parcels of land abutting upon said improvements shall be charged with the lien of said work in the manner provided by this Act. Suit by Mayor and Council to settle validity of ordinance and lien. Service of process in such suit may be had upon the owners of said lots or parcels of land abutting on said improvements or of said street or steam railways running along said street, by publication once a week for four weeks, in the paper in which the sheriff's advertisements for the county are published, of a notice to that affect, directed to the owners in general of the property abutting on said improvements or of the street or steam railway running along the same, without naming such owners individually, provided said notice defines the limits of said improvements. Service by publication. In such suit the Mayor and Council shall have the right to offer evidence tending to prove the validity of said ordinance and said proposed lien against the respective lots and parcels of land sought to be charged with such lien; and the respective owners of the lots and parcels of land abutting upon said improvement shall have the right to introduce evidence tending to show the invalidity or lack of legality of said ordinance, and said proposed lien against the respective lots and parcels of land owned by each respective defendant; and the court shall have the right to determine the question of whether or not the said lots and parcels of land owned by each defendant should be charged with such lien. Evidence. The trial of such suit shall be in accordance with the constitution and the laws of the State, and the courts shall render judgment either validating such ordinance and

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proposed lien against the lots and parcels of land abuting upon said improvement or against such lots and parcels of land abutting upon said improvement as the court may find legally chargeable with the same; or the court may render judgment that such ordinance or proposed lien are, in the whole or in part, invalid and illegal. Judgment. Any appeal or writ of error from such judgment must be taken within ten days after the rendition of such judgment, or if a motion for a new trial be filed therein, then within ten days after such motion may be overruled or otherwise disposed of. Sec. 13. 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 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 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 three 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 commenced 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 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 original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. Time limit for suit to enjoin, or set aside assessment. Sec. 14. Be it further enacted by the authority aforesaid, 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

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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 Mayor and Council of said city the pavement is worn out and no longer serviceable. Repaving. Sec. 15. Be it further enacted by the authority aforesaid, that the publication of all notices in a weekly newspaper called for in the Act shall be the number of days therein specified exclusive of Sunday and legal holidays. Publication of notice; time. Sec. 16. Be it further enacted by the authority aforesaid, 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 three of this Act, for the pavement of any such street, avenue, alley or land, or public place, 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 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 County Commissioners or officers in charge of county affairs of Lamar County is authorized to sign in behalf of the county; and where the City of Barnesville is the owner the Mayor of Barnesville is authorized to sign in behalf of the city. Paving where State or county owns abutting land. Sec. 17. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise annul and void the present law under the present charter of the City of Barnesville in reference to paving within the City

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of Barnesville, but the same shall be in addition to the present laws governing paving within the said city. Existing law not repealed. Sec. 18. Be it further enacted by the authority aforesaid that should any provision of the Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions that are legal and constitutional, and the provisions of this act that are legal and constitutional shall remain in full force and effect. Act not invalidated by void part. Sec. 19. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. BAXLEY STREET IMPROVEMENTS; TAX POWERS. No. 88. An Act to amend the charter of the City of Baxley, approved August 21, 1911, and the amendatory Acts thereof; to authorize and empower the City of Baxley to establish and change the grade of any street, sidewalk, alleys or other public places 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 the payment of grading, improving, paving or macadamizing of streets, sidewalks, alleys and other public places at the cost of the property thereby benefited; apportion and assess the expense thereof to railways occupying such streets and real estate abutting thereon on the basis of ten per centum per annum for ten years; to provide for the issuance of bonds by the City of Baxley to be known as Street Improvement Bonds, and for the payment of same; and to provide for the levy and collection of an ad valorem tax for each year not exceeding two dollars on

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each one hundred dollars worth of property located in said City of Baxley, 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 subsections 61A to 61P, both inclusive, of the Act approved March 16, 1926, amending the Act known as An Act to create and establish a new charter for the City of Baxley, which act was approved August 21, 1911, be and the same are hereby repealed, and the amendments hereinafter set out shall be substituted therefor and designated as subsections 61A to 61R, both inclusive. Repeal of sub-sections 61A to 61P of Act of 1926. New sections. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Mayor and Council of the City of Baxley shall have the power and authority to improve any street, sidewalk, alley or other public place, or any part thereof, either in length or width, within the limits of said city whenever said governing body shall deem it necessary and shall have published a resolution once a week for four weeks in a newspaper having a general circulation in said municipality, and when, after being so published, if a majority of the owners of land abutting on said improvement shall not within fifteen days after the last day of publication of such resolution file with the Clerk of said city their protest in writing against such improvement, the said governing body shall have power to cause said improvement to be made and to contract therefor and to make assessments and fix liens as provided for herein. Authority for street improvements. Publication of resolution. Time for protest. Any number of streets, or any part 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 sidewalk separately; provided, however, that if a majority of the owners of land liable to assessment for any such improvement shall petition the governing body for such improvements, citing this Act and designating by

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a general description the improvement to be undertaken and the street or sidewalk, or any part thereof, to be improved, it shall thereupon be the duty of said governing body to proceed as hereinafter provided to cause the said improvement to be made in accordance with the prayers of said petition and their own best judgment, and in such cases the resolution hereinbefore mentioned shall not be required. The petition shall be lodged with the Clerk of the municipality, who shall investigate the sufficiency thereof, submit the petition to the governing body, and certify the result of his or her investigation. The determination of the governing body upon the sufficiency of the petition shall be final and conclusive. Petition for improvement. Duty to cause improvement made. Sec. 3. Be it further enacted by the authority aforesaid that each lot or parcel of land abutting upon said improvement shall be charged on the basis of lineal foot frontage at an actual rate per foot of such frontage with its just pro rata of the entire cost of said improvement, less any amounts paid by railroads or others as herein provided; provided, however, that the costs of the sidewalks, curbs, and gutters, and any drainage thereunder shall be charged entirely to the lots or parcels of land abutting on that side of the street upon which the same are constructed. The frontage of intersecting streets shall be assessed as real estate abutting upon the improvement, and the municipality, for all purposes of this Act, shall be deemed to be the owner thereof, and the Mayor shall have authority to sign the petition or file objections as provided for herein, and the governing body of the City of Baxley shall pay in cash from the City Treasury its just pro rata of the entire costs of said improvement, unless a majority of the owners of the aforesaid frontage in the petition hereinbefore provided for shall agree to pay the entire cost of said improvement, or unless in the resolution hereinbefore provided for it shall be stated that the entire cost of the improvement is to be paid by the abutting property owners. Assessment, how made.

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Sec. 4. Be it further enacted by the authority aforesaid that any railroad company having tracks running along street at the time of the proposed improvement as provided herein shall be required by the governing body to pave the width of its track and its entire right of way on each side of said track with the same material and in the same manner as the rest of the street is to be paved, and such work shall be performed under the supervision and subject to the approval of the City Engineer, or such person as may be designated by the governing body of said City of Baxley, and if such railway company shall not within a period of thirty days after the receipt by such company of the notice to do such work agree in writing to comply with such order, or if the work is not completed to the satisfaction of the City Engineer or other person designated by the governing body as aforesaid, within such time as may be determined by the governing body of the City of Baxley, said governing body shall have such work done and charge the cost and expense thereof to such railway company, to be paid by it in cash, and the same until paid shall constitute a lien against all of the property of such railway company located in said municipality, and said lien shall have the same rank and priority and shall be enforced in the same manner as the liens provided for in section 8 of this Act. The governing body may in its discretion require such paving to be of a different material and manner of construction. Paving railroad. Sec. 5. Be it further enacted by the authority aforesaid that whenever the petition provided for in section 2 of this Act is presented, or when the said governing body shall have determined to improve any street, sidewalk, alley or other public place, and shall have passed the resolution provided for in section 2 of this Act, the said governing body 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 abutting ing on the improvement to pay the cost of such improvement, and to cause to be put in and constructed all drain-age,

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water or sewer pipe connections to connect with any existing water or sewer pipes in and underneath the streets where such improvement is to be made, and all cost and expense of making such connections shall be taxed solely against such property, but shall be included and made a part of the general assessment to cover the cost of such improvement. Authority to enact ordinances, etc. Sec. 6. Be it further enacted by the authority aforesaid that, after the expiration of the time for objections or protests on the part of the property owners, if no sufficient protest is 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 [Illegible Text] shall be found to be in proper form and properly executed, the governing body shall adopt a resolution reciting that no such protest has been filed, or of the filing of such a petition, as the case may be, and expressing the determination of said governing body to proceed with the said improvement, stating the kind of improvement and defining the extent, character and width of the same, and such other matters as may be necessary, to instruct the engineer or other party as hereinbefore provided, employed by said municipality, in the performance of his duty 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 governing body shall by resolution provide that the contractor shall execute to the City a good and sufficient bond as provided in an Act entitled Contractors of Public Work Bonded, approved August 19, 1916, 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 governing body. Said resolution shall also direct the clerk of said City of Baxley to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals

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shall be published in two consecutive issues of a newspaper having a general circulation in the City of Baxley, and shall state the street or streets 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 sealed proposals shall be filed and when and where the same will be considered by said governing body. At the time and place specified in such notice the governing body shall examine all bids received and without unnecessary delay award the contract to the lowest or best bidder, who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the governing body of said city as prescribed in such resolution and notice for proposals, and the said governing body shall have the right to reject any and all bids and re-advertise for other bids when the bids submitted are not in its judgment satisfactory. Resolution providing for improvement. Bids of contractors. Sec. 7. Be it further enacted by the authority aforesaid that after said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the city incident to said improvement, in addition to the contract price for the work and materials, is ascertained, the said governing body shall by resolution appoint a Board of Appraisers consisting of three members to appraise and apportion the cost and expense of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within thirty days from the date of the resolution appointing said board it shall file with the clerk of the municipality a written report of the appraisal and the assessment and apportionment in the manner and on the basis herein provided for of such expense and cost upon the several lots and tracts of land abutting on said street, or upon the property of any railway whose tracks run along such street where such railway has failed or refused to do the paving provided herein when and as required by the governing body. When said report shall have been returned and filed, the said

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governing body shall appoint a time for the holding of a session or shall designate a regular meeting of their body 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 the governing body once a week for four weeks in the paper in which the sheriff's advertisements for the county are published, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the date of the last publication. The said governing body at said session shall have power, and it shall be its duty, to review and correct said appraisement, apportionment and assessment if it be deemed proper to do so by said governing body, and to hear objections to the same, and to confirm the same either as made by said board or as corrected by said governing body. Board of appraisers. Apportionment of cost. Objections. Notice of hearing. The said governing body shall by ordinance fix the assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts of land liable therefor; provided, however, that the rate of interest to be taxed shall not exceed one per cent (1%) over and above the rate of interest stipulated in the bonds herein provided for. Ordinance fixing assessments. Interest. Assessment in conformity to said appraisement and apportionment as confirmed by said governing body shall be payable to the treasurer of said municipality in cash, and if paid within thirty days from the date of the passage of said ordinance without interest, provided, however, that in the event the owner of the land or of any railway so assessed shall within thirty days from the passage of the ordinance making the assessment final, file with the clerk of said municipality his or its written request asking that the assessment be payable in installments in accordance with the provisions hereof, the same shall thereupon be

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and become payable in ten equal annual installments' and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, and each installment, together with the interest on the entire amount remaining unpaid, shall be payable in each year at such time and place as shall be provided by resolution of the governing body. Payment of assessment; installments. Sec. 8. Be it further enacted by the authority aforesaid that such special assessment and each installment thereof, and the interest thereon, and the expense of collection, 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, and shall be enforced in the same manner as are the liens for city taxes. Lien of assessment. Sec. 9. Be it further enacted by the authority aforesaid that the said governing body, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance fixing the said assessments and of such denominations as the said governing body shall determine, which bond or bonds shall in no event become a liability of the City of Baxley or of the governing body of said City. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on such day and at such place as may be determined by the governing body, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day 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, and shall on the face thereof recite the street

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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 fixed upon the lots and tracts of land benefitted by said improvement under authority of this Act. Said bonds shall be signed by the Mayor of said City of Baxley and attested by the clerk of the governing body of said city and shall have the impression of the corporate seal of such municipality 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 governing body. Bond issue. Said bonds shall be sold by said governing body at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred pursuant to the provisions of this Act, 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 governing body shall direct. Any proceeds from the sale of said bonds remaining in the hands of the Treasurer after the payments hereinbefore provided for shall go into the treasury of the municipality as compensation for the services to be rendered by it as contemplated herein. Sale of bonds. Said bonds shall be registered by the clerk of the said City of Baxley, in a book provided for that purpose, and certificates of registration by said Clerk shall be endorsed upon each of said bonds. Registration of bonds. Sec. 11. That the assessment provided for and levied under the provisions of this Act shall be payable as the several installments become due, together with interest thereon, to the Treasurer of said City of Baxley, who shall keep an accurate account of all such collections by him

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made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and interest thereon and expenses incurred incident therein, and for no other purpose, until all of said bonds are paid in full, and said Treasurer shall give such bond, if any, as may be required by the governing body of said city, conditioned upon the faithful performance by him of the duties imposed herein. Installments payable to Treasurer. Fund from collections. Treasurer's bond. It shall be the duty of said Treasurer, not less than thirty days and not more than fifty days before the maturity of any installment of such assessments, to publish at least one time in a newspaper having a general circulation in said City of Baxley 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, or in lieu thereof to mail such notice within the time limits aforesaid to the owners of record of the property affected at their last known address. And it shall be the duty of said treasurer promptly within fifteen days after the date of the maturity of any such installment or assessment or interest, upon default of payment of such installment or assessment or 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 or interest, or both, as the case may be, and he shall turn over the same to the Marshal or Chief of Police of the municipality or his deputy, who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, 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 sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments

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with 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, 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 and collected before the affidavit is received, and the affidavit received for the balance. All affidavits (and the foregoing and following provisions shall apply to any railroad or railway within said city 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 of said City of Baxley shall be by him returned to the superior court of Appling 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. Publication of notice of maturity of installments. Execution, levy and sale. Affidavit of illegality. The failure of the said treasurer or clerk to publish or mail 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. Sec. 12. That no suit shall be sustained to set aside any such assessment or to enjoin the said governing body from making or fixing or collecting the same or issuing or levying executions therefor, 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 governing body to adopt and publish the preliminary resolution provided for in section 2 of this Act in cases requiring such resolution and its publication, or to give the notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be commenced within thirty (30) days after the passage of the ordinance making such assessment

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final, 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 governing body may at any time, in the manner provided for the making of an original assessment, proceed to cause a new assessment to be made and fixed, which shall have like force and effect as an original assessment. Time limit for suit to set aside or enjoin assessment. Sec. 13. Be it further enacted by the authority aforesaid that whenever the abutting land owners of any street of said City of Baxley petition the said governing body as herein set out, or said governing body pass the resolution provided for in section 2 of this Act for the improvement of any street where the county is the owner of property on said street, and the governing body of such county has assented to the proposed improvement and has provided funds to pay in cash its proportionate part of the cost of said improvement, the frontage so owned is to be counted as if owned by an individual, for all the purposes of this act, and the chairman of the board of commissioners of the County of Appling is authorized to sign the aforesaid petition or file objections in behalf of said County of Appling. Assessment where county owns abutting land. Sec. 14. Be it further enacted by the authority aforesaid that this Act shall not be construed to repeal any special or local law or affect any proceedings under such for the making of improvements hereby authorized, or for the raising of funds therefor, but shall be deemed to be additional and independent legislation for such purposes and to provide an alternative method of procedure for such purposes, and to be a complete act not subject to any limitation or restriction contained in any other public or private law or laws except as herein otherwise provided. Laws not repealed. Sec. 15. Be it further enacted by the authority aforesaid that where the municipality desires to pay any portion of the cost of the improvements contemplated herein addition to the amounts hereinbefore provided for, the

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balance may be assessed against the abutting property or the owners thereof or the owners of any railway therein as hereinbefore provided for. Payment of part of cost by city. Sec. 16. Be it further enacted by the authority aforesaid that after the assessments are finally determined and fixed as hereinbefore provided for, suit may be instituted by the municipality (the City of Baxley) in the superior Court of Appling County against the respective owners of the lots or parcels of land abutting upon said improvement. In such suit said City of Baxley shall allege the passage and approval of the ordinance or ordinances, providing for the improvement and the approximate estimate of the cost of said improvement; and shall define and set forth the limits of the street or streets to be improved. The prayer of the petition shall be that the court find and determine the validity of said ordinance or ordinances, and the question of whether or not the respective lots or parcels of land abutting upon said improvement shall be charged with the lien of said work in the manner provided in this Act. Suit by city to have ordinance validated and lien established. Service of process in such suit may be had upon the owners of said lots or parcels of land abutting on said improvement or of said street or railway running along said street by publication, once a week for four weeks, in the paper in which the sheriff's advertisements for Appling County are published, of a notice to that effect, directed to the owners in general of the property abutting on said improvement or of the railway running along the same, without naming such owners individually, provided said notice defines the limits of said improvement. Service by publication. In such suit the City of Baxley shall have the right to offer evidence tending to prove the validity of said ordinance and said proposed lien against the respective lots and parcels of land sought to be charged with such lien; and the respective owners of the lots and parcels of land abutting upon said improvement shall have the right to introduce evidence tending to show the invalidity or lack

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of legality of said ordinance, and said proposed lien against the respective lots and parcels of land owned by such respective defendant; and the court shall have the right to determine the question of whether or not the said lots and parcels of land owned by each defendant should be charged with such lien. Evidence. The trial of such suit shall be in accordance with the constitution and the laws of the State, and the courts shall render judgment either validating such ordinances and proposed lien against the lots and parcels of land abutting upon said improvement or against such lots and parcels of land abutting upon said improvement as the court may find legally chargeable with the same; or the court may render judgment that such ordinance or proposed lien are, in whole or in part, invalid and illegal. Judgment. Any appeal or writ of error from such judgment must be taken within ten days after the rendition of such judgment, or, if a motion for a new trial be filed therein, then within ten days after such motion may be overruled or otherwise disposed of. Exceptions, time limit for. Sec. 17. Be it further enacted by the authority aforesaid that section 29 of An Act to create and establish a new charter for the City of Baxley, approved August 21, 1911, be and the same is hereby repealed, and the amendment hereinafter set out shall be substituted for said section 29 and known as sub-section Q, as follows: Repeal of section 29 of Act of 1911; substitute. Sub-section Q. Be it further enacted by the authority aforesaid that the City of Baxley shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of said city, upon banks, insurance and all other capital employed therein; on stocks or corporations, and on choses in action; upon salaries and incomes from property within the city, or from the pursuit of any profession, trade, business or calling, and upon gross sales within said city; provided that no tax upon real or personal estate or property shall exceed two per centum upon the value thereof. Authority to tax.

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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 July 30, 1927. BETHLEHEM TOWN CHARTER. No. 118. An Act to amend, revise, and consolidate the various acts incorporating the Town of Bethlehem in the County of Barrow; to reincorporate said Town of Bethlehem; to define the corporate limits of said Town of Bethelem; to provide for the Mayor and Council and other officers of said town and prescribe their powers and duties; to provide for all matters of municipal concern; to empower the Mayor and Council of said Town of Bethlehem to enact ordinances within the police power of municipal corporations; to provide a penalty for all 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 the inhabitants of the territory embraced within the limits of a radius of a half mile in every direction from the corner of Main Street and the main line of the Gainesville Midland Railway in every direction in the Town of Bethlehem, in the County of Barrow, be incorporated under the name and style of the Town of Bethlehem, and said town is hereby incorporated with all the rights and privileges generally accorded municipal corporations of the State of Georgia under existing laws. New charter; city limits. Sec. 2. Be it further enacted by the authority aforesaid, that Luther McDonald be and he is hereby appointed Mayor, and J. H. Clack, J. P. Odum, J. C. Hollaway, Dave Lyle and Bush Edgar, be and they are hereby appointed councilmen of said Town of Bethlehem, to hold such offices and discharge the duties thereof from the date

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of the approval of this bill until the first annual election for officers of said Town of Bethlehem provided for in this Act. Mayor and councilmen named. Sec. 3. Be it further enacted, that on the first Saturday in January, 1928, and annually thereafter on the same date, an election shall be held at such place in said town town as shall be designated by the council of said town, for a Mayor and five councilmen who shall hold their offices for one year and until their successors are elected and qualified. No person shall be entitled to vote or be eligible to hold the office of Mayor or councilman of said town who is not a resident thereof, and who has not been a resident of the State of Georgia for twelve months, of the County of Barrow six months, and of the Town of Bethlehem three months. An election shall be held and conducted in the same manner as election for county officers in this State, and the certificate of the election managers shall be sufficient authority to the persons elected to enter into the discharge of the duties of the office to which they have been elected. If for any cause or reason the said election for mayor and councilmen is not held on the date herin provided for the said election shall be held as soon thereafter as possible; provided, however, that if the election is not held on the date provided for herein, the mayor and council shall post a written notice of the date of said election for five days before the same shall be held in three conspicious places within said Town of Bethlehem. Election of mayor and council. Sec. 4. Be it further enacted, that said mayor and councilmen shall have power and authority to elect such marshals, clerks or other subordinates as may be necessary for carrying into effect the power herein conferred upon them, or usually incidents to municipal corporations in this State, and may also require such bonds for the faithful performance of the duties of said such subordinates, and may also prescribe the fees and duties of such subordinate officers. Election of marshal, clerk, etc. Bond. Sec. 5. Be it further enacted that before entering on the discharge of their duties the mayor and each councilman

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shall subscribe to the following oath, which may be administered by any person by law authorized to administer oaths. I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor or councilman (as the case may be) of the Town of Bethlehem to the best of my ability and understanding, so help me God. Oath. Sec. 6. Be it further enacted, that the mayor shall be ex-officio a justice of the peace and is hereby authorized to issue warrants for any offense committed within the corporate limits of said town, and shall have power to issue such notice and compel the attendance of witnesses; examine witnesses under oath; to admit any offender to bail or to commit such offender to jail for any violation of the laws of this State. The said mayor is hereby constituted judge of the mayor's court of said town of Bethlehem, and is authorized to try all persons charged with the violation of any municipal ordinances enacted by the mayor and council of said town of Bethlehem and upon conviction to fine any person adjudged guilty of violating such ordinances a sum not exceeding $50.00 or commit to the guardhouse of said Town of Bethlehem for a term not exceeding 30 days or both, in discretion of said mayor. All persons found guilty of violating any ordinance of said municipality shall have the right of appeal to the council of said Town of Bethlehem, or certiorari to the Superior Court of Barrow County. Judicial powers of mayor. Penalties. (See section 10.) Appeal or certiorari. Sec. 7. Be it further enacted, that the mayor and council of said Town of Bethlehem shall have full power and authority to pass all ordinances and by-laws necessary for the government of said town, or to maintain peace and order, not repugnant to the constitution and laws of this State or of the United States. Authority as to ordinances, etc. Sec. 8. Be it further enacted, that the said mayor and council shall have the power to levy and collect taxes, not to exceed $50.00 on every $100.00 valuation, upon all the property, real and personal, without the corporate limits

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of said town. They shall also have the power to require all persons within the corporate limits of said town who are subject to road duty under the laws of this State to work on the streets of said town for not exceeding four days annually, or they may prescribe a commutation tax which may be placed in lieu of work on the streets of said Town, said commutation tax not to exceed $2.00 per annum. Taxes. Street work; commutation tax. Sec. 9. Be it further enacted that said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets or elsewhere, in such manner as may be prescribed in ordinances duly passed. Nuisances. Sec. 10. Be it further enacted, that the mayor of said town, and in his absence the mayor pro tem, who shall be elected by the councilmen from their number, shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules, and orders of the council are faithfully executed. He shall have control of the police of said town and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he shall cause the arrest and detention of all riotous and disorderly persons in said town. He shall have the power to issue execution for all fines, penalties and cost imposed by him, or he may require the immediate payment thereof, and in default of the immediate payment thereof he may imprison the offender in the guard-house of said town not exceeding fifty days, or may order the offender to work not exceeding fifty days on the streets of said town under direction of the marshal of said town; provided that no fine shall exceed fifty dollars for any one offense, but the mayor is hereby invested with full power and authority to inflict for any such offense either one or more of all of said penalties in the discretion of the mayor. Mayor pro tem. Mayor's powers and duties. Penalties.

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Sec. 11. Be it further enacted, that if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office, under the provisions of this charter. Vacancies. Sec. 12. Be it further enacted, that in the meeting of said council the mayor shall not be allowed to vote except in cases of elections of a tie vote of the council. Vote of mayor. Sec. 13. Be it further enacted, that the municipal government shall be styled the Mayor and Council of the Town of Bethlehem, and by that name are made a body corporate; as such they shall have perpetual succession, shall have a common seal, may contract, hold, possess, sell and convey for the use of said town, real and personal property; may sue and be sued. Corporate name, etc. Sec. 14. Be it further enacted, that said mayor and council shall have power to fix and collect special tax or license upon all kinds of business, profession or occupation carried on within the corporate limits of said town; they shall have power to tax, license, regulate and control all opera houses, livery stables, auctioneers, shows, circuses and exhibitions of all kinds, peddlers and itinerant traders, save such as are excepted by the laws of said State, every keeper of shooting gallery, or tenpin alley, or keeper of any table, place or stand for the performance of game or play, whether played with sticks, balls, rings or other contrivance, bicycles, or skating rinks for gain, they shall have power to fix penalties against any and all persons carrying on any occupation, or exercising any of such privileges, without having first obtained said license and paid such tax. Licenses taxes. Sec. 15. Be it further enacted, that said mayor and council are vested with power to lay out and open new streets, or alleys, to widen or straighten any of the streets, sidewalks or alleys of said town and to assess any damage that property holders may incur thereby in the manner

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now prescribed by law, which damage shall be paid out of the town treasury. They may prohibit or remove all obstructions or encroachments on the streets or sidewalks, and they shall have power to regulate and control a location of cemeteries and burial of the dead within the corporate limits of said town. Opening street, etc. Cemeteries. Sec. 16. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1927. BLACKSHEAR STREET IMPROVEMENTS; SEWERAGE. No. 249. 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 corporations 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 15, 1911. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating and incorporating the City of Blackshear, approved August 15, 1911, as contained in the Acts of the General Assembly of Georgia of 1911, pages 734 to 782, both inclusive, be and the same is hereby amended as follows: Section 1. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Blackshear

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shall have full power and authority, in their discretion, to pave, repave, curb, recurb, grade, regrade, repair or improve any or all of the sidewalks of said city and assess any portion or the entire cost of such paving, repaving, curbing, recurbing, grading, regrading, repairing or improving against the abutting property and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement, area or value of the abutting property, one or more or all, as may be determined by said Mayor and Aldermen; also to grade, regrade, macadamize, remacadamize, pave, repave, curb, recurb, repair or otherwise improve for travel and drainage, any or all of the streets, alleys or ways of the City of Blackshear, and assess any portion or the entire cost of such grading, regrading, macadamizing, remacadamizing, paving, repaving, curbing, recurbing, repairing or otherwise improving, against the abutting property and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement, area or value of the abutting property, one or more or all, as may be determined by said Mayor and Aldermen; to grade, regrade, pave, repave, macadamize, remacadamize, curb, recurb or otherwise improve the widths of the tracks and between the tracks and on the sides of any railroad or railroads running through or across the streets, alleys, ways or lanes of said City of Blackshear and assess any portion or the entire cost of such improving, grading, regrading, paving, repaving, macadamizing, remacadamizing, curbing or recurbing against any property in said city, or any part thereof of the railroad company or railroad companies whose railroad runs through or across the streets, alleys, ways or lanes or said City and against said railroad company or companies; to grade, regrade, curb, recurb, pave, repave, macadamize, remacadamize, repair or improve any sidewalks or streets abutting on any property in said city owned by Pierce County, and assess any portion or the entire cost of such improvement against the abutting property of Pierce County and against Pierce County, according

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to the lineal feet frontage of such abutting property on said improvement, or according to the area or value of such abutting property, one or more or all, as may be determined by said Mayor and Aldermen, and also to provide for the enforcement and collection of such assessments from such abutting or other property and the owners thereof by execution issued against such property and such owners. Authority to pave and assess. Sec. 2. Be it further enacted by the authority aforesaid, that said Mayor and Aldermen of the City of Blackshear shall have all power and authority to adopt by ordinance such system of equalizing assessments on real estate made for the purposes and objects hereinbefore stated as may be just and proper, estimating the total cost of each improvement to be made, and pro rating the same against abutting and other real estate, or any part thereof, and the owners of said real estate, according to the proportion the frontage of such abutting real estate in each case bears to the total cost of such paving, repaving, grading, curbing, or otherwise improving any street, sidewalk, way or alley, or according to the area or value of said real estate, one or more or all, as may be determined by ordinance. Mode of assessment. Sec. 3. Be it further enacted by the authority aforesaid that the amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said Mayor and Aldermen shall have full power and authorrity to enforce the collection of any assessment so made for such work or improvement by execution issued by the Clerk of Council of said city against the real estate so assessed and the owner thereof for the amount assessed, 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 laws and ordinances, or such as may hereafter

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be made 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 said city and redemption by the owners as provided by existing law. The defendant in any 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 or collected before the affidavit is received, and the affidavit received only for the balance. All affidavits shall set out in detail the reason why affidavit claims the amount is not due, and when received by said Chief of Police or said City Marshal shall be returned to the Superior Court of Pierce County, and there tried and the issue determined as in case 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 civil cases pending in said court. Lien of assessment. Execution, levy and sale. Affidavit of illegality. Sec. 4. Be it further enacted by the authority aforesaid, that the lien of said executions shall be co-equal with the lien of executions for taxes, prior to and superior to all other lines against such lots, tracts or parcels of land, and such liens shall continue until said assessments and executions and the interest thereon shall be fully paid. Rank of lien. Sec. 5. Be it further enacted by the authority aforesaid, that said Mayor and Aldermen shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining or otherwise improving the streets, sidewalks, ways and alleys of said city and the assessment of any or all costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments. Authority as to ordinances. Sec. 6. Be it further enacted by the authority aforesaid, that said Mayor and Aldermen shall have the power

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and authority to prescribe by ordinance such notice to abutting property owners as may be proper, and for hearing of complaints from such property owners, as may be requisite under the law. Notice to landowners. Sec. 7. Be it enacted by the authority aforesaid, that said Mayor and Aldermen shall have the authority in the name of said City of Blackshear to provide for the issuance of executions for the full assessments against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement, and shall have authority to issue street-improvement certificates or bonds to cover the estimated cost thereof, which certificates or bonds shall in no event become a liability of the City of Blackshear, but shall be payable solely from assessments made against real estate under the provisions of this Act, and sell the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable at such times and shall bear such rate of interest, payable annually or semiannually, as may be determined by said Mayor and Aldermen. Said certificates or bonds shall be signed in the name of the City of Blackshear by the Mayor, attested by the Clerk of Council of said City, and shall have the corporate seal of said city affixed thereto. They shall be payable to bearer at such place as may be designated, and shall be based upon the executions issued against abutting property owners for street or sidewalk improvement as hereinbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price as may be agreed upon, in payment of the amount due him on his contract. Such certificates or bonds may be registered by the Clerk of Council in a book to be provided for that purpose, and certificates of registration by the Clerk of Council shall be endorsed upon each of said certificates or bonds. Issue of street-improvement certificates or bonds.

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Sec. 8. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of said city shall have the power and authority to prescribe the terms of payment, the rate of interest and the time and place of payment of assessments made for street and sidewalk improvement under this Act and executions issued thereon, to pledge such assessments and executions, or any part thereof, or the monies collected therefrom, or any part thereof, to the payment of the street-improvement certificates or bonds, issued by virtue of the provisions of this Act, and to use such monies so collected for such purpose and for the payment of other expenses incident to such street improvement. Payment of assessments. Sec. 9. Be it further enacted by the authority aforesaid, that said Mayor and Aldermen shall be and they are hereby authorized and empowered to pass any and all rules and ordinances and to do all things not inconsistent with this Act or with existing laws, as may be in their judgment appropriate to the carrying out of the provisions of this Act. Authority as to ordinances. Sec. 10. Be it further enacted by the authority aforesaid, that the provisions of this Act shall likewise apply to any new sewer or water lines it may be deemed necessary by said Mayor and Aldermen to construct in said City of Blackshear, and the said Mayor and Aldermen shall have the same power and authority as to such extension of sewer and water lines of said city as vested in them by this Act as to paving, repaving, curbing and otherwise improving the sidewalks and streets of said city, and all the provisions of this Act shall apply to such additions and improvements to the sewer and water lines of said city, to the levying of assessments to cover the cost thereof and to the issuance of certificates or bonds to raise money for such purpose, but certificates or bonds issued to raise money for extension of sewer or water lines shall be known as sewer-improvement certificates or sewer-improvement bonds, water-improvement certificates or water-improvement

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bonds, sewer and water certificates or sewer and water bonds, as the case may be. Foregoing provisions applicable to new sewer or water lines. Sec. 11. Be it further enacted by the authority aforesaid, that no paving or repaving of any of the streets of the City of Blackshear, or part or parts thereof, or extension of any of the water or sewer lines of said city shall be undertaken by the Mayor and Aldermen of the City of Blackshear except by consent of the property owners owning a majority of the property abutting on the street or streets, or part of parts of streets, to be improved, or where sewer or water lines are to be laid, determined according to the method of assessment adopted under this Act as hereinbefore provided, that is, on the basis of lineal feet frontage, area or value of abutting property, one or more or all. When said Mayor and Aldermen shall decide to submit a street-improvement project, such consent may be determined by a failure of such majority of such owners of property, determined as aforesaid, within fifteen days after the publication in any newspaper in said City of Blackshear of a notice by the Clerk of the City Council of Blackshear that an improvement project is contemplated, naming the street or streets, or part or parts of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by the filing of a petition by a majority of the owners of the property, determined as aforesaid, for an improvement project, which petition shall specify the streets or streets or part or parts of street or streets which it is desired shall be improved, and the nature of the improvement sought. After it is determined by said Mayor and Aldermen that a majority of said owners of property, determined as aforesaid, have not filed protest or objection to an improvement project contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid, have petitioned for such improvement project, then said Mayor and Aldermen, before they shall be authorized to proceed further with such improvement project, shall pass an ordinance providing for such project, which

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ordinance shall be published one time in any newspaper published in said City of Blackshear, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Consent of property owners. Publication of notice of improvement project. Time limit for objection. Petition for improvement. Sec. 12. Be it further enacted by the authority aforesaid, that the City Council of Blackshear shall have the power to compel all owners of stores, restaurants, banks, business houses and other buildings used for business purposes, within the limits of said city to install therein water-closets and privies sufficient to meet the needs of the occupants, tenants, employees, and patrons of such stores, restaurants, banks, business houses and other enterprises, and connect said water-closets and privies with the sewer mains of said city, under the terms of and in accordance with and subject to all laws now in force in said city applicable to the connection of water-closets with the sewer mains of said city; provided in any case any such building used for a store, restaurant, bank or other business purposes shall be within four hundred feet of a sewer main of said city, and with the right to the city, in the event of refusal of any owner, to itself install such water-closet or privy, and issue execution against the owner for the cost and expense thereof, with the same priority of lien of such execution and with the same right to owner to file affidavit of illegality to such executions as provided by existing laws in said city with regard to connection of water-closets, urinals, and privies to the sewer mains of said city, as contained in Act or Acts of the General Assembly of Georgia heretofore enacted. Water-closets, etc. 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 15, 1927.

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BRUNSWICK ZONING; PARKS AND TREES, ETC. No. 205. An Act to amend the charter of the City of Brunswick; to authorize zoning, and ordinances pertaining thereto; to create a park and tree commission; 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 for the purpose of promoting the health, safety, morals, or the general welfare of the City of Brunswick, Georgia, the City Commission of said city, in addition to all powers or authority now and hereafter delegated to it by its charter, be and it is hereby empowered to regulate and restrict the number of stories and sizes of buildings and other structures, percentage of lots that may be occupied, sizes of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, streets and land, for trade, industry, residence, recreation or other purposes. Such regulations may provide that the Planning Board of said city may determine and vary their application in harmony with their general purposes and intent, and in accordance with general and specific rules therein contained. Authority to regulate location, size, and use of buildings, etc. Sec. 2. That for any or all of such purposes, the City Commission of the said City of Brunswick, Georgia, may divide the municipality into districts or zones of such number, shape and size as may best suit and carry out the purposes of this Act, and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of the buildings, structures or land. All such regulations shall be uniform for each class or kind of building throughout each district, but regulations in one district may differ from those in other districts. Zoning. Sec. 3. Such regulations shall be made in accordance with a comprehensive plan and design to lessen congestion

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in streets, to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and area; to prevent over crowding on lots; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the use of the most appropriate land throughout such municipality. Plans; objects. Sec. 4. The said Commission shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such regulations, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15-days notice of the time and place of such hearing shall be duly given by publication in a newspaper of general circulation in said city. Notice and hearing. Sec. 5. Such regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified, enlarged or repealed. In case, however, of a protest against such change by the owners of twenty per cent or more of the freeholders included in the area proposed to be changed, such amendment shall not become effective except by the favorable vote of two thirds of the City Commission, or they may refer said question to the qualified freeholders residing in said area for their determination, in which case a majority vote shall govern. The provisions of the previous section relative to a public hearing and final notice shall apply equally to all changes or amendments. [Illegible Text] of regulations, etc. Sec. 6. In order to avail itself of the powers conferred by this Act, and to carry out the intent and purposes of

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this Act, the said City Commission of the City of Brunswick, Georgia, is hereby given power and authority to appoint a commission known as the City Planning Board, which said Board shall make such survey or investigation as it may deem necessary, and then recommend to the City Commission such measures as in its judgment may be advisable or necessary in order to carry out the purposes of this Act, and said Planning Board may recommend the boundaries of the various districts, and formulate proper restrictions and rules to be enforced thereon. Such commission shall make a preliminary report, and hold public hearing thereon, before submitting its official report, and said City Commission shall not hold its public hearing or take action until it has received the official report of such Planning Board; and the said Planning Board may employ the services, with the consent and approval of the City Commission, of a competent engineer or expert in city planning, but the compensation of such employees shall be fixed by the City Commission, and no expense shall be created or obligation incurred by said board without the consent and approval of the City Commission. The Planning Board shall consist of not less than five nor more than nine members, and the City Manager shall be member ex-officio of said Board. In case of a vacancy on said Board, it shall be filled by the City Commission. The members of said Board shall serve without pay. Said Board shall meet as soon as convenient after its appointment and organize by election of a Chairman and Secretary, and such officers as in their judgment may be necessary. Planning board. Engineer or expert. Membership of board. Chairman and Secretary. Sec. 7. The Planning Board of said city shall study the resources and possibilities and the needs of the city, and shall prepare plans and maps for the systematic future development and betterment of the city, and from time to time make such changes as it deems advisable. Duties of board. Sec. 8. Before any street is opened, or any existing street is extended, or before any new subdivision for residence, business or industrial use is made, the person or persons opening such street or proposing such new subdivision,

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shall submit a detailed plan with blue prints and other necessary data to such Planning Board. It shall be the duty of such Planning Board to carefully examine such plans and specifications as regards to their nature and purpose; the principal width, character, and location of such streets and alleys, and such subdivisions, and size, material, manner of laying of water mains and sewer lines, and then transmit such application, with all plans and data, to the City Commission, with its recommendations thereon in writing, and the jurisdiction of such Planning Board and of the City Commission of the City of Brunswick, Georgia, concerning the regulations and restrictions of subdivisions, shall include all land within the corporate limits of said city. Plans to be submitted to board. Jurisdiction of board. In case any building or structure is erected, constructed, reconstructed altered or repaired, converted, or maintained; or any building, structure or land is used in violation of this Act, or of any ordinance or other regulation made under the authority conferred hereby, or in case this Act is violated in any respect, the City Commission, in addition to other remedies or penalties now provided by its charter or by-laws, may institute any proper action or [Illegible Text] deemed necessary to prevent any such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain correct, or abate such violation; to prevent the use and occupancy of any such building, structure, land or street, or to prevent any illegal act, conduct, or business or use in or about the same. Legal proceedings against violators of Act or regulations. Sec. 9. The said Planning Board shall, when requested by the City Commission, make recommendations and furnish information concerning the condition of existing parks and places of amusement in such city, the desirability of locating new parks and places of amusement, the acquisition of the necessary land for the location of the same, and regulation of the same, and submit such such recommendation and information in writing to the City Commission. The said Planning Board shall supply

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the said City Commission with necessary maps, plans and other information as it may from time to time request. Recommendations by board. Sec. 10. The City Commission of the City of Brunswick, Georgia, is given full power and authority to pass such laws and ordinances as in its judgment may be necessary to carry out the purposes of this Act, and to engage all necessary employees of every character as may be necessary to carry out the purposes of this Act, and to provide in its budget for the paying of such expense. Authority of City Commissioner to pass ordinances and engage employees. Sec. 11. The provisions of sections one to ten of this Act shall be effective on and after the adoption of the proposed constitutional amendment authorizing zoning by certain cities, including said City of Brunswick, Georgia, same to be submitted to the next general election. If this amendment is adopted, then this Act is valid and shall thereafter be enforced. If said amendment is defeated, then this Act shall be null and void. Act effective when. Sec. 12. A commission to be known as Park and Tree Commission (herein after for convenience referred to as Park Commission) to be composed of the City Manager of said city, who shall be ex-officio a member of said Park Commission, and five other citizens of said city, is hereby created for said City of Brunswick. W. H. Greenfield, A. S. Kloss, Mrs. George H. Cook and C. Don Parker are hereby appointed as members of said commission. The fifth member of said Commission shall be elected immediately upon the passage and approval of this Act in the manner herein provided for the election of the successors of said commissioners. The term of office of one of such Commissioners shall expire respectively January 1st, 1929, January 1st, 1930, January 1st, 1931, January 1st, 1932, and January 1st 1933. The five members shall draw for their respective terms. The qualification for membership of said Park Commission shall be the same as for City Commissioners of said city, save that women may serve. The successors of the respective Park Commissioners above named shall be elected for

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five years by the City Commission and the remaining members of the Park Commission in joint session at the same time the City Commission holds its annual meeting for the election of city officials, or at such other time as said two Commissioners may fix. Vacancies in the membership of the Park Commission shall be filled by election in the same manner and for unexpired terms. Before entering upon the discharge of their duties the persons elected as Park Commissioners shall take an oath to faithfully perform the duties of their office. Park and Tree Commission created. Election; terms of office. Vacancies. Sec. 13. Such Park Commission shall have exclusive management and control of the preservation, improvement and planting of the public parks, alleys and squares of said city, and shall have entire control and management of the horticultural adornment and [Illegible Text] of all such parks and squares and also of all public streets and cemeteries in said city, including the planting, cultivation, trimming and removal of trees, plants, shrubs and flowers, and as well the planning and erection of all structures of any kind for public use. Said Park Commission shall create the office of Superintendent of Parks and Squares, and elect the Superintendent and prescribe his duties and term of office and fix his compensation, and shall also employ all other agents and employees of said Park Commission and fix their compensation, and have full authority over such Superintendent and employees, including the right to remove any of them at any time with or without cause. Powers and duties of Park Commission. Sec. 14. Said Park Commission shall elect its own chairman, vice-chairman, and secretary, all of whom shall be members of said Park Commission, and shall make and establish such rules and regulations as they may deem proper in the exercise of the jurisdiction herein vested in such Park Commission. Such rules and regulations shall be submitted to and incorporated in the minutes of the City Commission, and shall be published as are the ordinances of said city, and shall have the same binding force and effect as such ordinances. It shall be the duty of said

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Commission to pass proper ordinances providing suitable penalties for violations of such rules and regulations and of the provisions of this Act. Election of Chairman, etc. Rules. Penalties. Sec. 15. Said Park Commission shall have entire charge and control of the expenditure of the money appropriations which shall be made by said City Commission from time to time for the purposes and object of said Park Commission, and such funds shall be paid by the City Treasurer upon itemized bills or requisitions certified by the Secretary of said Park Commission and approved by its Chairman or Vice-Chairman, it being the intent and meaning of this Act that whatever moneys are paid out by said city for and upon the purposes and objects for which Park Commission is created shall be expended by and under the direction, approval and management of said Park Commission. Expenditures of Park Commission. Sec. 16. Said Park Commission shall make annual reports to the City Commission of its operations and expenditures at the end of each calendar year, with an estimate of the amount of money that will be required for such purposes and objects for the ensuing year. The Park Commission shall submit similar reports at such other times as may be requested by the City Commission. It shall be the duty of the City Commission, in making up the financial budget for the various departments for the ensuing year, to set apart and appropriate a reasonable amount of money to be expended by said Park Commission for such purposes and objects but the Park Commission shall not incur or create at any time any indebtedness or obligation exceeding the amount of money so appropriated for any calendar year, and if any such excess indebtedness shall be directly or indirectly incurred by the Park Commission, the same shall not be a charge or liability against, or collectible from, the said city, the intent and meaning hereof being that the expenditures and contracts of the Park Commission shall be strictly limited to the sum so appropriated annually to the use of said Park Commission. However, it shall be optional with the City Commission,

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upon written request of the Park Commission setting forth special reasons why more money is needed, to make an additional appropriation to the Park Commission for its uses during such year Reports of City Commission. Appropriations for Park Commission. Sec. 17. Any member of the said Park Commission shall be subject to removal from office by joint action of the City Commissioners of said city and the others members of the Park Commission for malfeasance in office, incompetency or neglect of duty, or for inabiltity to discharge his duties, or for any other good and sufficient causes, but only after charges have been preferred in writing and served on such member. Removal of member of Park Commission. Sec. 18. The said Park Commission shall have no authority to grant any use of or any easement in any such parks, streets, squares or alleys for other than public purposes, except with the joint consent of the City Commission, until notice signed on behalf of the Park Commission or the City Commission setting forth the purposes and conditions of the application and the time and place of the hearing shall have been published in the official gazette of said city at least two weeks in advance of the hearing. Grant of use of, or easement in, park, street, etc. Sec. 19. The City of Brunswick, Georgia, acting by and through its Commissioners, is hereby granted the power and authority to convey to the Board of Education of Glynn County, Georgia, for educational purposes, the fee-simple title to the following real property in the City of Brunswick, to wit: Conveyance of property to Board of Education. (a) All of Hillsboro Square lying south of the southern line of Mansfield streets extended through said square, excepting a strip of land forty-five feet in width across the east side of said square, and a like strip across the west side of said square to provide for the continuation of Carpenter and Egmont Streets respectively; and (b) So much or all of Norwich street lying between Hillsboro Square on the north and Howe Street on the south, as may be deemed advisable by said Commissioners.

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Sec. 20. Be it further enacted that the Mayor, upon election, shall serve for a term of two years, or until the expiration of his then term as commissioner in the event such term as commissioner expires in less than two years. Mayor's term. Sec. 21. Be it further enacted that all lists of registered voters now required by law to be published shall be published immediately after the closing of the registration books for any election, and shall be published one time. Publication of registration lists. Sec. 22. Be it further enacted that the registrars, in making out all voters lists now required, shall complete the same within ten days from the closing of the registration period, and shall immediately file the same with the Secretary of the Commission, to be delivered by said Secretary to the managers appointed for said election. Close of registration. Sec. 23. Be it further enacted that, beginning with the year nineteen hundred and twenty-nine (1929), the commission shall consist of five persons with the qualifications as now provided. In the December election, nineteen hundred and twenty-eight (1928), three commissioners shall be elected; one of whom shall serve for a term of two years; all other commissioners then and thereafter elected shall serve for a term of three years. In the December election, nineteen hundred and twenty-nine (1929), one commissioner shall be elected; in the December election, 1930, two commissioners shall be elected; and thereafter one or two commissioners shall be elected in each December election, depending upon whether the term of one or two commissioners expire with that calendar year. Membership and terms of office of City Commission. Sec. 24. Be it further enacted that the City of Brunswick, for the purpose of sections twenty-three and twenty-four of this Act, is hereby divided into wards, with Gloucester Street as the dividing line; and that portion lying south of said street to be known as the South Ward, and that portion lying north of said street to be known as the North Ward; that in the election of December, nineteen hundred and twenty-eight (1928), two of the commissioners to be elected shall be residents of said South

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Ward and one a resident of said North Ward: that in said nineteen hundred and twenty-eight (1928) election the commissioner elected for the North Ward shall serve for a term of three years, and of the two members for the South Ward the candidate receiving the highest and the next highest vote shall serve for three and two years respectively: that in the election of December, nineteen hundred and twenty-nine (1929), the commissioner to be elected may reside in either of the two said wards: and that in the election of December, nineteen hundred and thirty (1930), one each of the commissioners to be elected shall be residents of said South and North wards respectively: and the successors of said commissioners shall be selected from the respective wards from which the retiring commissioner was a resident at the time of his election. It being the purpose of sections twenty-three and twenty-four of this act to provide for a commission of five members; two to be residents of the South Ward; two from the North Ward, and one from the city at large. In the event the office of a commissioner shall become vacant, either by recall or for any other reason, then his successor for the unexpired term shall be a resident of the ward represented at the time of the election of the commissioner creating the vacancy. The term resident shall be held to mean a bona fide and continuous residence for a period of six months immediately preceding any election herein referred to. However, in the event of the removal of the residence of a member of the commission from one ward to another, the same shall not create a vacancy. Wards: election of commissioners from. Meaning of resident. Sec. 25. If any portion or provision of this Act be found unconstitutional or contrary to any of the general laws of the State of Georgia, such invalidity shall not affect any other portion or provisions of this Act. Act not invalidated by void part. Sec. 26. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 15, 1927.

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CAIRO TERRITORY; SIDEWALK PAVING. No. 334. An Act amending an Act creating the charter of the City of Cairo, approved August 6, 1906, and the amendments thereof; to provide for the extension of the limits of the city of Cairo; to fix the boundaries thereof; to provide for sidewalk paving under baby-bond plan; to fix terms of payment thereof; and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act the charter of the City of Cairo in the county of Grady as enacted by an Act approved August 6, 1906, and amendments thereto, and amended by an Act approved August 19, 1925, shall be and the same is hereby amended so that after the passage of this Act the corporate limits of the said City of Cairo, under which the authorities thereof shall have jurisdiction, shall be as follows: Beginning at the northwest corner of the present city limits of the City of Cairo and running in a northeasterly direction at an angle of 45 north of the present east and west line to a point due north of a point 5-8 of a mile due east of the northwest corner. Thence in a southeasterly direction to the northeast corner of the present boundaries of the city limits of the City of Cairo. Thence in a southeasterly direction at an angle of 45 east of the north and south line to a point due east of a point 5-8 of a mile south of the northeast corner of the present boundaries of the City of Cairo. Thence in a southeasterly direction to the southeast corner of the present boundaries of the City of Cairo. Thence in a southwesterly direction at an angle of 45 south of the east and west line of the present boundaries of the City of Cairo to a point due south of a point 5-8 of a mile west of the southeast corner of the present boundaries of the City of Cairo. Thence in a northwesterly direction to the southwest corner of the present boundaries of the City of Cairo. Thence in a north

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westerly direction at an angle of 45 west of the north and south line of the present boundaries of the City of Cairo to a point due west of a point 5-8 of a mile north of the southwest corner of the present boundaries of said city. Thence in a northeasterly direction to the northwest corner of the present boundaries of Cairo, same being the beginning point; the territory covered by said city and under which the authorities shall have jurisdiction as aforesaid being that included within the lines and limits above set forth. Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid that the Act approved August 19, 1925, amending the charter of the City of Cairo be, and the same is hereby amended as follows: That wherever the words streets, lanes, alleys, and avenues appear in said act, either separately or together, that the words sidewalks be added and inserted thereto and therewith, so that all the provisons of said amendment and the charter of the City of Cairo as amended shall apply to sidewalk paving in the City of Cairo, and that all of the provisions of the charter of the City of Cairo as amended with reference to and applying to the paving and grading of streets under the provisions of what is commonly known as baby bonds be and the same are hereby made to apply to sidewalk paving and grading, and the method of levying assessments, letting contracts and the establishing of liens as provided in said amendment approved August 19, 1925, and the charter of the City of Cairo as amended, shall apply to sidewalk paving and grading so far as the same shall be applicable to sidewalks, except that the property owners adjacent to such sidewalk paving shall pay the entire cost thereof. Paving sidewalks. Bonds. Sec. 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in direct conflict with this Act be and the same are hereby repealed. Approved August 20, 1927.

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CANTON; SALES OF ELECTRICITY, GAS, WATER. No. 86. An Act to amend an Act of the General Assembly of Georgia, reincorporating the Town of Canton, in the County of Cherokee, approved August 1, 1922, so as to provide that the said Town of Canton shall have the power to furnish and sell water, electricity, and gas to consumers residing without the corporate limits of said town; to provide for additional powers and regulations with reference to the furnishing of water, electricity, and gas to consumers, and the collection of sums due in payment thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same that from and after the passage of this Act by the General Assembly that the charter of said Town of Canton as set forth in an Act of the General Assembly of Georgia of Georgia approved August 1, 1922, and Acts amendatory thereof, be and the same is hereby amended by adding at the end of section 11 of said charter the following: Said Town of Canton may, if its Mayor and Council deem it advisable, furnish and collect payment for water, electricity and gas to persons residing without the corporate limits of said town, and may charge for same a higher and different rate than is charged to the residents of said town, and to this end may purchase, lease, own and control transmission lines, stations, pipes, rights of way, lands, and all things necessary, either within or without said town, for the furnishing of such service, but said town shall not be required or compelled to furnish such service if its governing authorities do not desire to furnish same, and it may at any time discontinue such service after same has been inaugurated. Said Mayor and Council may make such rules and regulations as it desires with reference to furnishing such non-residents. Authority to furnish water, electricity, and gas outside the town.

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In all cases where connections for service are to be made, either within or without the corporate limits of said town, said Town of Canton shall have the further power to furnish to the consumer, at cost to the town, including installation, place and compel the use of meters, and prescibe the kind, and make the use of same a condition precedent to furnishing premises or consumers with water, gas or electricity, and to prescribe how and where such meters shall be placed. Said Town of Canton shall have the power, to be exercised in the discretion of its Mayor and Council, to require the payment in advance for the use or rent of water, electricity or gas furnished by it upon any building, place or premises, or it may furnish same on credit, but in case prompt payments shall not be made, it may shut off the water from such building, place, or premises, and shall not be compelled again to supply said building, place or premises with water, gas or electricity until such arrears, with interest thereon, shall be fully paid. This amendment shall not be construed as repealing any of the rights already vested in said Town of Canton by its present charter, but shall be construed as giving to it additional powers as aforesaid. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. CHAUNCEY FRANCHISE GRANTS. No. 293. An Act to amend an Act approved August 13th, 1912 entitled, An Act to incorporate the Town of Chauncey, in the County of Dodge. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Act approved August 13th, 1912, entitled

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An Act to incorporate the Town of Chauncey in the County of Dodge, be and the same is hereby amended as follows: a. By striking from section 47 of said Act the following words: Provided, the said Mayor and Council shall not grant any franchise or easement for a longer period than thirty years, so that said section 47 as amended shall read as follows: Time limit for franchises, stricken. Be it further enacted, that the Mayor and Council shall have power to build, maintain, and operate, should they see proper, street-railway, waterworks, gas works, electric-light wires, lines, and systems, or they shall have the right and power to grant right of way to railroads, street-railways, waterworks, gas works, electric lights, telephone wires or lines throughout the streets and alleys of said town upon such terms, conditions, and restrictions as said Mayor and Council may prescribe. To read. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. CLARKSTON CHARTER AMENDMENTS. No. 85. An Act to amend an Act entitled An Act to provide and establish a new charter for the town of Clarkston in the County of DeKalb, and for other purposes, same being an Act of the General Assembly of Georgia, approved August 12, 1914, and to be found in the Georgia Laws of 1914, page 578; also to amend Acts of the General Assembly of Georgia, 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 section 10 of the Act referred to in the caption

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hereof be and the same is hereby amended by striking the letters and figures forty ($40.00) dollars, and insert in lieu thereof the letters and figures three hundred ($300.00) dollars, so that the salary of the mayor as provided there shall not exceed three hundred ($300.00) dollars per annum. Mayor's salary. Sec. 2. Be it further enacted, that Section 11 of the Act referred to in the caption hereof shall be amended by striking the letters and figures thirty-five ($35.00) dollars, and substitute in lieu thereof the letters and figures two hundred ($200.00) dollars, so that the salary of the clerk provided for therein shall not exceed two hundred ($200.00) dollars. Clerk's salary. Sec. 3. Be it further enacted, that if the mayor of said city shall refuse to preside as judge in the police court of said city, the council may elect a recorder for that purpose, and said recorder may be chosen from among the members of said council or from among the citizens of said town, the salary of said recorder not to exceed three hundred ($300.00) dollars per annum. Recorder; salary. Sec. 4. Be it further enacted that section 41 of the Act referred to in the caption hereof shall be amended by striking from said section the following sentence: The mayor of said city shall preside as judge of said court and try and determine cases without a jury, and substitute in lieu thereof the following: The mayor of said city may preside as judge of said court and try and determine cases without a jury. If the mayor should refuse to preside as judge in said court, the council may elect a recorder to so prescribe, and said recorder may be chosen from among the members of said council, or any citizen of said town may be elected as said recorder. Recorder. Sec. 5. Be it further enacted that the city council shall be empowered to employ a city attorney in any matters requiring special work, and to compensate said city attorney for said work, such sums to be fixed by council in each instance, said sums to be in addition to the annual

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salary of said city attorney provided for in the Act referred to in the caption hereof. City Attorney. 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 30, 1927. CLIMAX REGISTRY OF VOTERS. No. 227. An Act to amend the charter of the Town of Climax so as to provide for the registration of voters of said town; to prescribe the manner 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 thereof: Sec. 1. It shall be the duty of the Clerk of the Town of Climax to open and keep a book or books to be designated as permanent registration books for the Town of Climax, and there shall be inscribed on the first page of said book or books the following oath: Permanent registration of voters. I do swear (or affirm) that I am a citizen of the United States, and that by the time of the next coming election in the Town of Climax I will have resided in the State of Georgia one year and in the Town of Climax six months, and that I am twenty-one years of age and have paid all taxes legally imposed and demanded of me by the Town of Climax. Oath. Sec. 2. That the Clerk of the Town shall keep said book or books open during his office hours at his office at all times, except Sundays and legal holidays, when all persons shall have the privilege of registering thereon. A separate registration of white and colored persons shall be made. Said book shall be closed for registration thirty days before any special or general election. Time for registration.

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Sec. 3. That it shall be the duty of the clerk aforesaid, upon application in person of any person who is qualified to vote for the members of the General Assembly of Georgia, and who has paid all taxes legally imposed by the officers of the Town of Climax and who has resided in said town six months prior thereto or six months prior to the next special or general election, after administering the the oath set out in the preceding section, to register his name, age and residence. Said clerk shall not permit anyone to register who is not lawfully entitled to do so. Qualifications of registrants. Sec. 4. That it shall be the duty of the Clerk of the Town of Climax to furnish the managers of the election, at or before the opening of the polls on the day of the election, whether the same be a general, special or primary election, said voters' book, and the same shall be kept by the managers for inspection during the election, and they shall not permit anyone to vote in said election whose name does not appear on said voters' book. Voters' book. Sec. 5. That it is the intention of this Act that no one shall be required to register more than one time, and the clerk shall at the same time certify to the managers of said election a list of all tax defaulters who have been required to pay taxes, including licenses, fines, assessments, or any other lawful tax or charge, and have failed to pay the same, and no one appearing upon said list of tax defaulters shall be allowed to vote. List of tax defaulters. Sec. 6. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 15, 1927. COCHRAN ELECTIONS; REGISTRY OF VOTERS. No. 80. An Act to amend an Act approved August 15, 1904, entitled An Act to provide and create a new charter for

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the Town of Cochran, etc., Georgia Laws 1904, page 407, so as to change the time of holding elections for Mayor and Aldermen, to provide for permanent registration of voters, and to provide that candidates for office in said city shall make announcement thereof by registration with the city clerk, and for other 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 of the Act approved August 15, 1904, entitled, An Act to provide and create a new charter for the Town of Cochran, etc., be and the same is hereby amended by striking out the word January wherever it occurs in said section, except in the fifth and twelfth lines thereof, and inserting in lieu thereof the word December, so that the first twenty-four lines of said section when amended shall read as follows: Section 4. Be it further enacted by the authority aforesaid that the term of the Mayor of the said City of Cochran shall be two years and until his successor is elected and qualified, and that the first election for Mayor under this charter shall be on the second Wednesday in January, 1905, and bienially thereafter on the second Wednesdays in December; and that the term of each alderman of said city shall be for two years and until his successor is elected and qualified, except that at the first election held for aldermen under this charter three of the six aldermen shall be elected for only one year, and the other three for a term of two years, and that the first election for aldermen under this charter shall be on the second Wednesday in January, 1905, at which time three aldermen shall be elected for a term of only one year, and three for a term of two years, and annually thereafter on the second Wednesdays in December there shall be elected three aldermen for the full term of two years. At the first regular meeting of the Mayor and aldermen after their election and qualification, or any subsequent meeting, they shall elect from the aldermen a Mayor pro tem., whose term of office shall be for one year, and annually thereafter at the first regular meeting

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on or after the election of Mayor and three aldermen, or three aldermen only as the case may be, and as provided for in this charter, on the second Wednesdays in December of each succeeding year, a mayor pro tem. shall be elected from the aldermen. Time of holding elections. Sec. 2. Be it further enacted by the authority aforesaid that the remaining portion of said section four shall remain unchanged. Sec. 3. Be it further enacted by the authority aforesaid that section five of said Act shall be amended by striking from the fourth line of said section the word January, and inserting in lieu thereof the word December, so that said section when so amended shall read: Section 5. 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 regular time provided for in this charter, on the second Wednesdays in December, it shall be the duty of the city council to order an election as early as practicable thereafter by giving at least ten days notice of the same by publishing said notice in a newspaper, provided one is published in the city, and by posting notices at the post-office, and at least three more public places in said city, and such elections shall be held and managed, returns made and results declared in the same manner as at regular elections as hereinafter provided. Elections. Sec. 4. Be it further enacted by the authority of the same that section thirteen of said Act be and the same is hereby repealed, and that in lieu thereof the following be and the same is hereby enacted as section thirteen of said Act, to wit: Sec. 13. The City Clerk, or someone appointed for that purpose by the city council, shall open at the office of the City Clerk, or at the council chamber, a book for the registration of the voters of said city, to be known as Permanent Registration Book, which book shall be kept open for the registration of qualified voters during the office hours of the City Clerk, or other person appointed for that purpose,

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every day in the year, except Sundays or holidays when said office may be closed, except that said Permanent Registration Book shall be closed for the registration of voters during a period of ten days next preceding all general or special election in said city, when it shall not be lawful for any person to register or be registered in said Registration Book. Any qualified voter desiring to register in said book shall appear in person before the City Clerk, or other person in charge, and subscribe to the following oath, which the City Clerk or other person in charge is hereby authorized to administer, to wit: `You do swear or affirm that you are twenty-one years of age, or will be before the next regular or special election in the City of Cochran; that you are a citizen of the United States, of the State of Georgia, and the City of Cochran, and that you have resided in said State for twelve months, and in the City of Cochran for six months, last past, or will have so done before the next special or regular election in said city, that you have paid all legal taxes required of you by the authorities of said city, and that you have never been convicted of a crime involving moral turpitude and not pardoned; so help you God.' Thereupon the City Clerk or other person in charge shall enter the name of such person upon the Permanent Registration Book, and all names shall be entered alphabetically, according to the first letter of the surname. Permanent registration of voters. Oath of voter. Sec. 5. Be it further enacted by the authority of the same that section fifteen of said Act be and the same is hereby repealed, and that in lieu thereof the following be known as section fifteen of said Act: Immediately on the closing of said registration book, ten days before any special or regular election, it shall be the duty of the city council to purge said registration book of all names thereon of persons who may be disqualified as a legal voter, provided at least three days notice in writing has been mailed to all persons whose names shall be purged from said registration list, with the cause of disqualification. It shall be the duty of the city council thereupon to prepare

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a list from such Permanent Registration Book of the voters who may qualified to vote in such election, which list shall be furnished by the City Clerk to the managers of such election, as soon as the polls are opened, and said managers shall permit those persons, and only those, whose names appear on such list to vote in such election. Purging registration book. Sec. 6. Be it further enacted by the authority aforesaid that all candidates for any elective office in the City of Cochran shall, ten days before the election to fill such office, file with the City Clerk at his office a written announcement of such candidacy, specifying the name of the candidate and of the office sought, and the time of the election. No name shall be placed on any official ballot where such announcement has not been so made and filed by such candidate. The City Clerk shall certify to the managers of all elections the names of all candidates and the offices sought, and the managers shall not count any ballot cast for any person who has not qualified as above as a candidate in such election. Announcement of candidacy, time for filing. Sec. 7. Be it further enacted by the authority aforesaid that this Act shall be effective immediately upon passage, and that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved July 30, 1927. COLIGNY BEACH CHARTERED. No. 143. An Act to incorporate Coligny Beach, in Glynn county, Georgia, as a municipality; to designate its territory, prescribe its government and powers, regulate the powers, duties and terms of office of its officers, and the manner of their election; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act

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there shall be incorporated in the County of Glynn in this State a municipality under the corporate name of Coligny Beach, the corporate limits of which shall be as follows, to wit: Beginning at low water mark of the Atlantic ocean on the south shore of Postell Creek, and running thence along the said Postell creek to the extreme western point of the big bend of said creek as shown upon the map of the East Beach subdivision made by W. N. Gramling and W. T. McCormick, civil engineers, and recorded in Book 3-R, at page 312, of the general deed records of said Glynn County, reference thereto being had; thence in a straight line due south to what would be the south line of Seventeenth Street according to said map if the same were extended westerly; thence easterly along the said extended line of Seventeenth Street to a point six hundred (600) feet west from the west line of Daisy Lee drive according to said map; thence southeasterly always at a distance of six hundred (600) feet from the said west line of Daisy Lee drive to the northern line of East Beach drive according to said map; thence easterly along the said line of East Beach drive according to said map; thence easterly along the said line of East Beach drive to East Beach creek; thence down East Beach creek towards its mouth in the Atlantic ocean to the south line of First street according to the said map; thence easterly along the said line of First street to low water mark of the Atlantic ocean; and the said corporate limits extending for the distance from this last named point to the beginning point a distance of one-half mile out to sea from the low mark of the Atlantic ocean between the said two points. Town incorporated. Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid that the said municipality shall be governed and managed by a Board of Commissioners composed of three (3) persons, who shall all be citizens of the State of Georgia. This said Board of Commissioners shall consist originally of T. W. Simpson, T. J. Wright, and W. M. Oates, who shall serve until their successors shall be elected. Board of Commissioners named.

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Sec. 3. Be it further enacted by the authority aforesaid that the said Board of Commissioners shall elect one of their number Mayor of said municipality, and such Mayor shall also be the recorder or judge of the police court of the said municipality; but in his absence, or indisposition any member of the said Board of Commissioners shall be ex officio recorder and judge of the said police court; provided that the said commissioners may in their discretion employ as recorder or judge of the police court of said municipality any person who is not a member of said board, who is a property owner within the limits of said municipality and a citizen of the State of Georgia. Mayor. Recorder. Sec. 4. Be it further enacted by the authority aforesaid that the said commissioners may appoint or elect a marshal, a city attorney, a clerk, and such other officers and employees as in their judgment may be necessary or proper for the purposes of said municipality; and may prescribe their duties and authority not inconsistent with the laws of this State; provided that, in the absence of specific rules of authority and duties, the ordinary rules and authority applicable to the respective positions shall be observed. All such officers and employees shall hold at the will and pleasure of said commissioners, or for such time as the Board of Commissioners may fix by ordinance. The said commissioners shall fix their own compensation, and the compensation of all other officers and employees of said municipality. Other officers; duties. Compensation of commissioners, etc. Sec. 5. Be it further enacted by the authority aforesaid that the members of the said Board of Commissioners shall be elected from time to time by the Board of Trustees of Presbyterian Conference Ground, Inc., a benevolent educational and religious corporation, which now has ownership, control or supervision of all of the real property located within the limits of said municipality, and shall hold office at the will of such Board of Trustees. Commissioners to be elected by trustees of Presbyterian Conference Ground, Inc. Sec. 6. Be it further enacted by the authority aforesaid that the provisions of section 5 hereof shall be and is

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a fundamental and intimate part of every provision of this Act, and should said section 5 fail, then the entire act shall become inoperative, and thereupon all property held by the said municipality shall eo facto revert to and become the property of its grantors, or those from whom it is acquired if acquired by process or operation of law. This Act void if section 5 fails. Reversion of property. Sec. 7. Be it further enacted by the authority aforesaid that the said Coligny Beach shall be a body politic and corporate, shall have perpetual succession and a common seal, and by its said name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable it the better to discharge its duties, and needful for the good order, government and welfare of the said municipality, including the right to purchase, hold, lay out and improve parks and recreation places in their discretion for the uses of the municipality, shall be exercised by the said Board of Commissioners, or under their authority except where otherwise provided herein. Corporate powers. Sec. 8. Be it further enacted by the authority aforesaid, that the said municipality shall have power therein to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, crosswalks, drains and gutters for the use of the public or any of the citizens of said municipality, and to improve and light the same, and have them kept free from obstructions on or over the same; to regulate the widths of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owner and occupant thereof, or of the real property next adjacent thereto; to require the owners of adjacent real property to pay such proportion of the cost of paving the streets as it may deem advisable; to establish and regulate markets and prescribe the time for holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep and other animals, and fowls of all kinds, from going at large in such municipality, to

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protect places of divine worship, of conference, or of assembly for any lawful purpose in and about the premises where the same may be held; to abate or cause to be abated anything which, in the opinion of the majority of the Commissioners, shall be a nuisance; to regulate the keeping of gunpowder, gasoline and other combustibles; to provide, in or near the municipality, places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and for the drainage of lots by proper drains and ditches by the owners thereof; to make regulations for guarding against danger or damage by fire; to protect the property and persons of the residents or property owners of said municipality, and to preserve peace and good order therein, and for this purpose to appoint such police force as may be deemed necessary therefor; to require from the officers and employees of the municipality such bonds as may be deemed advisable, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of waterworks, gas works and electric plants, or the instrumentalities for the furnishing of these commodities, and to prevent injury to or pollution of the same, or to the water or healthfulness of the municipality; to provide for the weighing or measuring of all articles of merchandise sold or for sale in said municipality; to provide a revenue for the said municipality, and appropriate the same to its expenses; to provide for the annual assessment of the taxable property therein; and to adopt such other rules and regulations as may be deemed advisable, not inconsistent with the constitution of laws of the State of Georgia. To carry into effect these powers, and all others that may be conferred upon the municipality now or hereafter, the said Board of Commissioners shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution or laws of this State, and to prescribe and impose and enact reasonable fines, penalties and imprisonments in the county

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jail, or the place of imprisonment of the said municipality if there be one, for a term not exceeding thirty days for the violation thereof. Street improvements. Powers enumerated. Sec. 9. Be it further enacted by the authority aforesaid that the said municipality shall have all other powers and authority that are now or that may be future acts of the Legislature be conferred generally upon municipalities of this State. Other powers. Sec. 10. Be it further enacted by the authority aforesaid, that the said Commissioners shall cause to be made up annually and entered upon their journal an accurate estimate of all sums which are or may be lawfully chargeable on such municipality, and which ought to be paid within one year, and they shall order a levy of so much tax as in their opinion may be necessary to pay the same. The levy shall be upon all dogs in the said municipality and upon all of the real and personal property therein subject to State and county tax; provided that the tax so levied shall not exceed two dollars on every hundred dollars of the taxable value thereof. Taxes. Sec. 11. Be it further enacted by the authority aforesaid that there shall be a lien in favor of said municipality and its transferees in accordance with law, upon all of the real and personal property of those liable therefor, for the said municipal taxes so assessed, for all license taxes and street-paving assessments imposed by the said commissioners, and for all fines and penalties imposed by the police court of said municipality, from the time the same are so assessed or imposed, which lien shall have a priority over all other liens except the lien for taxes due the State and county, or the United States, and the same may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes, or in such manner as the Board of Commissioners may by ordinance prescribe. Lien of taxes. Sec. 12. Be it further enacted by the authority aforesaid that when the said municipality is temporarily without

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sufficient funds with which to pay the current expenses necessary or proper in the administration of the affairs of said municipality, the said Board of Commissioners shall have power to borrow a sufficient amount to meet such deficiency, and to repay the same with money thereafter received for taxes; provided that the said municipality shall not create a debt in the sense of the constitution of this State except in the manner prescribed by the said constitution. Borrowing. Sec. 13. Be it further enacted by the authority aforesaid that the Mayor of said municipality, or other regular ex-officio recorder or judge of the police court thereof, shall have the authority of a justice of the peace of this State to take affidavits and administer oaths, to issue warrants and hold committment courts for persons charged with criminal offenses against the laws of this State, and to the common jail of Glynn county, in default of bail, all persons against whom there is found sufficient ground to suspect of guilt; and the said recorder, ex-officio recorder, shall have full authority to issue subpoenas for witnesses, and require their attendance, and to issue attachments for the same, and to punish for contempt. Judicial powers of Mayor, etc. Sec. 14. Be it further enacted by the authority aforesaid that the marshal and deputy marshal of said municipality shall have authority to make arrests, serve warrants subpoenas, attachments and other processes within the said municipality as constables of this State are authorized to do; to make arrests for the violation of the laws of this State and of the ordinances of said municipality, on warrants, or without warrants when the offense is committed in his presence; to convey prisoners to and from the common jail of Glynn County when required by the proper authority so to do; to supervise, guard and direct the working of prisoners convicted of violations of the ordinances of the said municipality when so directed by the Commissioners of said municipality. Marshal and deputy, powers of.

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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 6, 1927. COLLEGE PARK SIDEWALKS, SEWERS, TAX REFUND. No. 137. An Act to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester; to provide for incorporating said City under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto; so as to provide for the manner of making assessments for sidewalks, curbing and guttering at street intersections; to provide for the manner of laying sidewalks and the condemnation of same; to provide for the laying of sewer-stubs or laterals and making of sewer connections, and for the assessment and collection of the cost thereof; to provide for refund of 1921 and 1922 school taxes; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that the charter of the Mayor and Council of the City of College Park, as contained in An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester; to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County; to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895, and all amendments thereto, be and the same are hereby amended as follows: Section 1. That section thirteen (a), set forth under section six of the Act amending the charter of the City

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of College Park, approved August 15, 1922 (Ga. Laws 1922, pages 659 and 660), which section thirteen (a) relates to sidewalk paving, be and the same is hereby amended by adding after the word property and before the word the in the fourteenth line of said section, the following: Provided, however, that the actual cost of grading and paving any sidewalk at street intersections shall be assessed against the owner or owners of the real estate at the corner of such street intersections, both with respect to the grading and sidewalk directly abutting or opposite the property line, and also the grading and sidewalk beyond the property line and between the property line and the street or curb line; so that said section as so amended shall read as follows: Sidewalks; assessments for. Sec. 13. (a) Be it further enacted by the authority aforesaid, that the Mayor and Council of said city shall have the power and authority, at any time in their discretion, to grade and pave any or all of the sidewalks of said city now or hereafter opened, laid out or constructed, and to provide for the kind and manner of such grading and paving, and to carry into effect the power and authority herein granted, said Mayor and Council shall have full power and authority to assess the actual total cost of grading and paving any sidewalk against the real estate abutting thereon on the side of the street on which such sidewalk is improved and against the owner or owners of such real estate according to the foot frontage of such abutting property; provided, however, that the actual cost of grading and paving any sidewalk at street intersections shall be assessed against the owner or owners of the real estate at the corner of such street intersections, both with respect to the grading and sidewalk directly abutting or opposite the property line, and also the grading and sidewalk beyond the property line and between the property line and the street or curb line. The amount of the assessment against each parcel of real estate so assessed shall be a lien thereon superior to all other liens, except liens for taxes, from the date of the ordinance providing for such assessment;

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and said Mayor and Council shall have the power and authority to enforce the collection of any assessment so made by execution to be issued by the City Clerk against the real estate and against the owner thereof, for the amount so assessed, which execution shall be levied and the property advertised and sold in the same manner and with the same effect as tax executions are now levied and property sold thereunder by said City of College Park. Should any owner of any property upon which an execution is levied desire to contest the legality or amount of such execution he may do so by filing with the levying officer an affidavit of illegality, stating therein the cause of the alleged illegality, and the amount, if any, admitted to be due, which amount admitted to be due shall be paid to the levying officer before the affidavit shall be received by him, and said levying officer shall return said affidavit of illegality to the Superior Court of Fulton County, Georgia, to be tried and determined as in other cases of illegality, subject to the penalties for delay in such cases made and provided; and it shall be the duty of the judges of said court to give preference, in the matter of time of trial, to such cases. Said Mayor and Council shall have the power, in their discretion, to grant a stay of execution for any assessment made under this section of this Act, for such time or times as they may see fit, and collect interest on same at the rate of seven per cent. per annum. To read. Sec. 2. That section five of the Act amending the charter of the City of College Park, approved August 18, 1923 (Georgia Laws 1923, pages 551 and 552), be and the same is hereby amended by adding, after the word property and before the word the in the fifteenth line of said section, the following: Provided, however, that the actual cost of such curbing or guttering, or both, at street intersections shall be assessed against the owner or owners of the real estate at the corner of such street intersections, both with respect to the curbing or guttering, or both, directly abutting or opposite the property line, and also the curbing or guttering, or both, beyond the property

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line and between the property line and the street; so that said section as so amended shall read as follows: Assessments for curbing and guttering. Sec. 5. Be it further enacted by the authority aforesaid that the Mayor and Council of said city shall have the power and authority at any time, in their discretion, to construct and lay and provide for the construction and laying of curbing and guttering, either or both, in and upon the streets of said city or any portion thereof, and to provide for the kind and nature of the construction and laying of the same; and, to carry into effect the power and authority herein granted, said Mayor and Council shall have full power and authority to assess the total actual cost of such curbing and guttering, or both, against the real estate abutting on the side of the street on which such curbing or guttering or both may be laid and constructed, and against the owner or owners of such real estate, according to the foot frontage of such abutting property; provided, however, that the actual cost of such curbing or guttering, or both, at street intersections shall be assessed against the owner or owners of the real estate at the corner of such street intersections, both with respect to the curbing or guttering, or both, directly abutting or opposite the property line, and also the curbing or guttering or both, beyond the property line and between the property line and the street. The amount of the assessment against each parcel of real estate so assessed shall be a lien thereon superior to all other lines except liens for taxes, from the date of the ordinance providing for such assessment, and said Mayor and Council shall have the power and authority to enforce the collection of any assessment so made by execution to be issued by the City Clerk against the real estate and against the owner thereof, for the amount so assessed, which execution shall be levied and the property aadvertised and sold in the same manner and with the same effect as tax executions are now levied and property sold thereunder by said City of College Park. Should any owner of any property upon which an execution is levied desire to contest the legality or amount of such execution,

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he may do so by filing with the levying officer an affidavit of illegality, stating therein the cause of the alleged illegality and the amount, if any, admitted to be due, which amount admitted to be due shall be paid to the levying officer before the affidavit shll be received by him, and said levying officer shall return such affidavit of illegality to the Superior Court of Fulton County, Georgia, to be tried and determined as in other cases of illegality, subject to the penalties for delay in such cases made and provided; and it shall be the duty of the judge of said court to give preference, in the matter of the time of trial, to such case. Said Mayor and Council shall have the power, in their discretion, to grant a stay of execution, for any assessment made under this section of this Act, for such time or times as they may see fit, and collect interest on same at the rate of seven per cent. per annum. Said Mayor and Council shall have the right and power to make the improvements provided for in this section of this Act, by and through its own employees, or enter into a contract or contracts for said improvements with any person, firm or corporation, and in payment thereof may assign and transfer to such person, firm or corporation bill or executions covering assessments made against the abutting property and the owners thereof for said improvements. Before any curbing or guttering, or both, are laid out and constructed under this section of this Act, or ordinances providing therefor shall be enacted by said Mayor and Council or assessments made therefor, the property owners to be effected thereby shall be afforded by the Mayor and Council a hearing on the question of the necessity of such improvements and the reasonableness of the estimated cost thereof, notice of which hearing and of the time and place thereof shall be given by said Mayor and Council to such property owners in such manner and for such reasonable period of time in advance of said hearing as said Mayor and Council shall by ordinance provide. To read. Sec. 3. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of College Park shall have the power and authority to provide for,

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regulate, and enact ordinance with respect to the character, specifications, and conditions and manner of laying of sidewalks in said city; and said Mayor and Council shall also have the power and authority to provide by ordinance for the condemnation and removal, after notice and hearing, of sidewalks in said city which are not laid in accordance with the laws of requirements of said city, and also for the relaying of sidewalks in the place of condemned sidewalks, and the assessment, lien, collection and enforcement of the payment of the cost thereof: Provided, however, that nothing in this section of this Act shall operate to repeal the present charter provisions of said city with respect to laying sidewalks therein, and the assessment and collection of the cost thereof. Authority for ordinances as to sidewalks. Sec. 4. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of College Park shall have the power and authority to provide for, regulate, and enact ordinances with respect to, the making of connections with, or the tapping of, the sewer lines or sewerage system of said city; the laying of sewer-stubs or laterals from the sewer lines of said city to properties to be served thereby; the character, conditions, specifications and manner of making of such connections or taps, and of laying such sewer-stubs or laterals; and also to provide for the assessment, lien, collection, and enforcement of the payment of the cost of such connection, taps, sewer-stubs and laterals. Sewerage. Sec. 5. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of College Park shall have the power and authority, in any one year, or from year to year until the entire amount collected has been refunded, to refund to the taxpayers who paid the same, either in whole or in part, with or without interest, the unrefunded portion of the increase in the local school tax of fifty (50) cents per one hundred (100.00) dollars of valuation which was collected for the years 1921 and 1922 by virtue of the school-tax election which was adjudged to be invalid in the case of Foster et al. vs. Mayor and Council

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of College Park et al. , 155 Ga. 174, and any and all refunds heretofore made on account of the collection of such taxes are hereby ratified and confirmed; provided, however, that the power and authority by this section conferred is discretionary and not mandatory. Refund of tax collected. 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 6, 1927. COLQUITT MAYOR'S SALARY. No. 44. An Act to amend an Act creating a charter for the City of Colquitt and to be found in the Acts of the General Assembly of this State for the year 1915, and approval August 7th, 1915, as amended by an Act found in the Acts of the General Assembly for the year 1924, which was approved on July 18th, 1924, by prescribing the salary of the Mayor of the City of Colquitt, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act, an act approved on August 7th, 1915, creating a charter for the City of Colquitt, and an act amending said Act, approved on July 18th, 1924, is hereby amended as follows: by striking the figures $600.00 where same appear in Section 1 of said amendment, and inserting in lieu thereof the figures $300.00, so that said section when amended shall read as follows: Mayor's salary. Section 1. That from and after the passage of this Act the Mayor of Colquitt shall not be allowed or eligible to succeed himself in office for more than one term after the expiration of the present term. The salary of the Mayor

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of Colquitt from and after the passage of this Act shall be at the rate of $300.00 per annum, payable monthly, and he shall receive no other compensation from costs or otherwise. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. COLUMBUS STREET CLOSING, SALE, ETC. No. 310. An Act to amend an Act approved February 18, 1873, vesting title in fee simple to the commons of the City of Columbus in common commissioners, as amended by an act approved December 17, 1900, as further amended by an Act approved August 7, 1920, by providing for the closing of what would be a prolongation east of Fourteenth Street in the City of Columbus between the east side of Sixth Avenue in said city and what would be the west side of Seventh Avenue in said city if prolonged north, in the commons of the City of Columbus, with the consent of the City of Columbus, and authorizing a sale or lease of said portion of Fourteenth Street between the east side of Sixth Avenue and the west side of Seventh Avenue by the commons commissioners; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act, the second section of an Act to vest the title to the commons of the City of Columbus in Commissioners, to sell the same, and apply the proceeds to certain purposes, approved February 18, 1873, as amended by an Act approved December 17, 1900, and as further amended by an Act approved August 7, 1920, be further amended, so as to add

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to said section, after the words, Which may not be used for street purposes the time of the passage of this Act, the following words, to wit: Provided further, however, that said commissioners shall be authorized to close that portion of what would be a prolongation east of Fourteenth Street in the City of Columbus between the east side of Sixth Avenue in said city, and what would be the west side of Seventh Avenue in said city if prolonged north in the East Commons of the City of Columbus, heretofore dedicated for street purposes, and bounded on the north by East Commons Block No. 23, and on the south by East Commons Block No. 20, with the consent of the City of Columbus, and to sell or lease, and make titles to any part of what would be a prolongation east of Fourteenth Street in the City of Columbus, between the east side of Sixth Avenue in said city and what would be the west side of Seventh Avenue in said city if prolonged north, in the East Commons of the City of Columbus, bounded north by East Commons Block No. 13, and south by East Commons Block No. 20, when and after the City of Columbus has consented that said portion of Fourteenth Street should be closed. Streets closed. Sale or lease of land. So that said section when so amended shall read as follows: That it shall be the duty of the aforesaid commissioners to have the aforesaid commons surveyed and laid off in lots suitable for building lots; and they are empowered to sell or lease the same, giving titles to the same, but shall not sell to any person, except for manufacturing purposes, more than one acre; provided, however, that said commissioners shall be authorized to sell or lease, and make titles to, any part of what is known as Eleventh Street heretofore dedicated for street purposes, lying between Seventh and Tenth Avenues on the East Commons of the City of Columbus, which may not be used for street purposes at the time of the passage of this Act; provided further, however, that said commissioners shall be authorized to close that portion of what would be a prolongation east of Fourteenth Street in the City of Columbus

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between the east side of Sixth Avenue in said city, and what would be the west side of Seventh Avenue in said city if prolonged north, in the East Commons of the City of Columbus, heretofore dedicated for street purposes, and bounded on the north by East Commons Block No. 13, and on the south by East Commons Block No. 20, with the consent of the City of Columbus, and to sell or lease, and make titles to any part of what would be a prolongation east of Fourteenth Street in the City of Columbus, between the east side of Sixth Avenue in said city and what would be the west side of Seventh Avenue in said city if prolonged north, in the East Commons of the City of Columbus, bounded north by East Commons Block No. 13, and south by East Commons Block No. 20, when and after the City of Columbus has consented that said portion of Fourteenth Street should be closed. Section as amended. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 19, 1927. COMMERCE CHARTER AMENDMENTS. No. 116. An Act to amend an Act incorporating the City of Commerce in the County of Jackson and creating a new charter for the City of Commerce, approved August 17th, 1909, and all amendatory acts thereto, so as to provide for a permanent qualification book for qualified voters of the City of Commerce, and to provide for the appointment of a City Board of Registrars for said City of Commerce, to define their powers and duties; to provide for the issuance of street-improvement bonds, to be negotiated by the city or otherwise used in making provisions for the payment of the costs of such improvements, to provide for the retiring of such bonds, and to provide for the creation of a lien to secure said

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bonds, and to provide for the collection thereof; and also to provide for a change in the territorial limits of the first and fourth wards 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 aforesaid that section 44 and section 45 of the Act incorporating the City of Commerce in the County of Jackson, approved August 17th, 1909, be and the same are hereby repealed. Repeal of sections 44 and 45 of charter. 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 Commerce 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 Commerce. 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 Commerce, 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 have paid all taxes of every character, legally imposed and demanded by the authority of the City of Commerce, and who upon the date of the election, if then a resident, will have resided in said City of Commerce for six months prior thereto, to allow such person to register his or her name and color, recording on such Permanent Registration Book, beside 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 entitled to do so, and shall in every case, before registering the applicant,

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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 Jackson County six months, and in the City of Commerce six months, 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 date of the election; that you are twenty-one years old; that you paid all taxes the City of Commerce 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 ordinance 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 to sign his name thereto, or by some one 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 to 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 qualition under which he or she registered. Permanent Qualification Book of voters. Registration of voters. Oath of voter. 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 first Wednesday in December, 1927, and bienially thereafter, after the passage of this Act, unless such voter has registered upon said Permanent Qualification Book at least ten days prior thereto. For any primary, intermediate or special election in said City of Commerce for any purpose no voter shall be permitted to vote in any primary, intermediate or special election who has not registered upon said Permanent Qualification Book at least ten days before the primary, special or intermediate elections are held in said city for any purpose. Time of registration before election.

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Sec. 4. Be it further enacted by the authority aforesaid, that on or before the 20th 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 Commerce to appoint three competent persons, who shall be qualified voters of the City of Commerce, who shall constitute the Board of City Registrars for said City of Commerce. 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: You do solemnly swear that you will faithfully and impartially discharge to the best of your ability the duties imposed upon you by law as City Registrar for the City of Commerce. Said oath shall be filed with the City Clerk on the day following their appointment or as soon thereafter as practicable, it shall be the duty of City Board of Registrars to meet at the office of the Clerk of the City of Commerce, and at their first meeting they shall elect a Chairman of said Board, and the City Clerk of the City of Commerce 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, and it shall also be the duty of the said City Clerk at the same time to furnish to the said Board of City Registrars, a complete list of all persons who are registered upon said Permanent Qualification Book who are taxed defaulters or who have not paid all taxes of every character legally imposed and demanded by the authority of the City of Commerce, it shall be the duty of the said Registrars to inspect and examine said 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 said City of Commerce, 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 Commerce

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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. 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 as legally qualified voters for the said City of Commerce. 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 Clerk 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 poles are opened, deliver said certified list received by him from said Board of Registrars to managers of said election, along with other election papers, and no person shall be permitted to vote at

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said general or special election whose name does not appear upon said certified list so furnished by said Board of Registrars. Board of Registrars. Oath. Chairman and clerk of board. Duties. Notice of voter before striking name. Hearing. Certified list of qualified voters. For any primary, intermediate, or special election held in said City of Commerce for any purpose, said Board of Registrars shall meet within ten days before such primary, special or intermediate election, and shall purge said list of the names of any persons whose names appear upon said Permanent Qualification Book, and certifying the same to the City Clerk in the same manner as herein provided for purging said list of voters for any general election. Purging list of voters. 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 book and records of the Tax-Collector of Jackson County, Georgia, and ascertain if any person or persons whose name appeared 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. Examination of tax books. Sec. 5. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that section three of the Original charter of the City of Commerce be amended as follows: By striking from line nine of said section the words Homer Street, thence along Homer Street, so that the first ward shall be bounded as follows: First ward commencing at an iron pin in the center of the main line of the Southern Railway track at the point where the Southern Railway crosses Central Avenue; northward thence along said railway track to the corporate limits; thence along the corporate limits to State Street; thence along State Street to the intersection of State Street and Central Avenue, and thence along Central Avenue to the beginning iron pin corner in the center of the Southern Railway track. Boundary of first ward.

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Be it further amended by striking from lines thirty-six and thirty-seven of said section three the words Homer Street, thence along Homer Street, so that the boundaries of the fourth ward of said City of Commerce shall be as follows: Fourth ward commencing at an iron pin in the center of the main line of the Southern railway track at a point where Southern Railway crosses Central Avenue; hence northward along the center of the Southern Railway track to the corporate limits, thence along the corporate limits to Central Avenue; thence along. Central Avenue to the beginning iron pin corner. Boundary of fourth ward. Sec. 6. The aforesaid City of Commerce, Jackson 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 owners, and of the owners thereof benefited, and suitable ordinance of the aforesaid authorities to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor, and to provide for the issuance of bonds to be known as street improvement bonds, which may be negotiated, sold or otherwise hypothecated by said city, or used otherwise in making provisions for the payment of the cost of such improvements, and to provide a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the city's share of the expense of such improvement in conformity with the provision of this Act. Authority for paving, etc. See section 17 (p. 980) as to this section and following sections. Street improvement bonds. Sec. 7. 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

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within the limits of said city, shall have been authorized under the laws and ordinances thereof to be paved, macadamized, curbed or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all the expenses incurred by the city incident to such improvements, the Mayor and Board of Aldermen of said city shall by written resolution apportion the cost and expense of the same pro rata per lineal front foot to the several tracts, lots of parcels of land abutting upon the area covered by such proposed improvements, and then shall levy assessments against said abutting property and the owners thereof in accordance with such apportionments as is hereinafter provided for, which assessments shall be paid in not more than ten equal annual installments, and shall bear interest at the rate of not exceeding eight per cent. per annum until paid, which interest may be, in the discretion of said Mayor and Board of Aldermen, by proper written resolution, be required to be paid annually or semi-annually at such time or times said Mayor and Board of Aldermen may fix and determine. Assessments. Sec. 8. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Commerce is hereby constituted the Board of Appraisers, whose duty it shall be to ascertain the cost of the improvements provided for in this Act, and fix and apportion the cost and expenses of the aforesaid improvements pro rata per lineal front foot to the several tracts, lots or parcels of land abutting upon the area covered by such improvements, and in so doing said Board of Appraisers may take into account the location of the property abutting such improvements, its market value, its enhanced value by reason of such improvements, and any and all other facts, circumstances and conditions relating thereto as will aid in arriving at a fair and equitable distribution and assessment of the costs of such improvements. The said Board of Appraisers shall have the right to hear evidence touching the question involved in making such apportionments and assessments,

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and shall have authority to compel the attendance of witnesses and the production of books, papers and such other documentary evidence as it may deem necessary to determine and fix the amount or amounts of such apportionments and assessments. A majority of said board shall constitute a quorum, and a majority of such quorum shall be all that is required in the decision of any question before said board for determination; provided, however, that the Mayor and Council of the City of Commerce may in its discretion appoint from among the residents of the City of Commerce five persons who shall constitute said Board of Appraisers, the person or persons so appointed to be freeholders in said City of Commerce and shall possess the same qualifications as is required by the charter and ordinances of said City of Commerce for the office of Mayor, and when so appointed shall do and perform all the duties as provided for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, relationship or other causes, the Mayor of said city is authorized to appoint in the place of such disqualified member another person as a member of the aforesaid board. Basis of assessment. Hearing to landowners. Board of Appraisers. Sec. 9. Be it enacted by the authority aforesaid that the first installment of such assessments, together with the interest upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, or at such other date as the Mayor and Board of Aldermen 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 in each succeeding year, or at such other date or dates as the aforesaid authorities may fix and determine, until alll of said assessment, including the interest thereon, shall have been paid, but the date or dates upon which said assessments and the interest thereon shall be required to be paid, and whether annually or semiannually, shall be by written resolution fixed and determined at the time

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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. Mode of payment of assessments. Sec. 10. Be it enacted by the authority aforesaid that such special assessment and each installment thereof, together with the interest thereon, shall be a special lien against the lots, parcels or tracts of land so assessed from the date of the resolution levying the assessment, coequal 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. 11. 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 Commerce may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount remaining unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution, said bonds to be of such denomination as said Mayor and Bcard of Aldermen may determine, which bonds shall in no event become a debt or liability of said City of Commerce by reason of its issuing the same for the purposes herein specified. One tenth of the amount of such series of bonds, with the interest upon the whole amount of such series, shall become due and payable on the first day of January next succeeding the date of the issuance thereof, and one tenth of the amount of such issue of bonds, together with the interest, annual or semiannual, upon the whole amount thereof remaining unpaid, shall be payable on the first day of January in each succeeding year until all of said installments hall have been paid said bonds shall bear interest at not exceeding eight per cent. per annum from their date until maturity, which

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interest may be required to be paid annually or semiannually, as said Mayor and Board of Aldermen may determine, and shall be designated street-improvement bonds, and shall on their face recite the street or streets or other public place or places for the improvement of which they have been issued, and that they are payable exclusively from assessments which have been levied upon lots, parcels and tracts of land benefited by such improvements under the authority of this Act. Said bonds shall be signed by the Mayor of the City of Commerce and attested by the Secretary and Treasurer thereof, and shall have thereon the impression of the incorporate seal of said city, and shall have attached thereto interest coupons, and all bonds issued by virtue of this Act shall be payable at such place, either within or without the State of Georgia, as may be designated by said Mayor and Board of Aldermen. The proceeds of said bonds shall be applied to the payment of the contract price and other legal expenses incurred in making such improvements, or such bonds may be, in whole or in part, negotiated and delivered to the contracting person, persons, firm, firms, corporation or corporations, making and having made such improvements, at such price as may be agreed upon in payment of any amount or amounts due upon such contract, or contracts, and any portion of the bonds not so negotiated may be sold or otherwise disposed of by the aforesaid authorities of the City of Commerce and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements. Said bonds shall be registered by the Secretary and Treasurer of the City of Commerce as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds. Bond issue. Sec. 12. Be it enacted by the authority aforesaid that the assessments provided for and levied on 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 City Clerk

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and Treasurer of said City of Commerce, who shall issue proper receipts therefor. The aforesaid officer of the City of Commerce 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 Commerce 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. Time of payment of assessment. Collections. Sec. 13. Be it enacted by the authority aforesaid that upon failure of any property owner to pay any assessment herein levied, the City of Commerce is authorized to issue its execution against such property owner and such property for such sums as may be due, with interest, for such paving and improvements as are made by virtue of this Act, and to enforce the payment thereof by levy and sale, which execution shall be issued and sales thereunder conducted as in case of the issuance of executions and sales for other city taxes, and such sale shall vest in the purchaser absolute title to the property sold, subject to the lien of the remaining unpaid installments with interest; and as against any assessment for the improvements herein provided for, and the enforcement of the same by execution and levy, any abutting property owner shall have the right to file an affidavit of illegality, returnable to the Superior Court of Jackson County, and to contest the legality of such assessment, which affidavit of illegality shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally, and if any part of said execution is admitted to be due, the affiant shall pay the same to the levying officer before such levying officer shall be required to receive and return said affidavit of illegality to the superior court of Jackson 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

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where such proceedings are filed for delay only, and said affiant shall be required to give a bond with good and sufficient security for the payment of costs in the event said illegality is not sustained, or in lieu thereof may file an affidavit in forma pauperis, as provided in claim cases. Levy and sale to pay assessment. Affidavit of illegality. Sec. 14. Be it further enacted by the authority aforesaid that said mayor council in its discretion may assess the whole or any part of the expense of constructing sidewalks, footways, curbing, drains and gutters along the sides of all public thoroughfares in said city, together with the whole or any part of the costs of all materials 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 the Act shall be apportioned and assessed as follows: Not exceeding one third of such costs shall be chargeable to the City of Commerce, which may be paid by the levy and collection of an ad valorem tax, or by the issuance of bonds other than the street-improvement bonds herein authorized to be issued, or by any funds that may be allotted to Jackson County for the use and benefit of the public streets of the City of Commerce by the State or Federal governments, or by the State and Federal governments, from either State or Federal public road funds, or both, and that either of the funds herein provided for may be supplemented by the levy of an ad valorem tax by the issuance of bonds, or by State or Federal road funds allotted to the City of Commerce, under the laws of this State, and not exceeding one-half of the cost and expenses of improvements made in pursuance of this Act shall be assessed against the abutting property and its owners on each side of the street or other public thoroughfare paved, macadamized or otherwise improved, according to its front footage and in connection with the other provisions of this Act prescribing the manner in which such apportionment and assessment are to be made, but

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said City of Commerce shall bear all the expenses and costs incurred in paving, macadamizing and improving street intersections, and is authorized and empowered to use any of the funds accruing to it from any of the sources enumerated in this Act, or may levy an ad valorem tax, or issue its own bonds for that purpose, except none of the funds arising from assessments from property and property owners and said street-improvement bonds shall be used for the aforesaid purposes. Sidewalks. Apportionment of cost. Sec. 15. Be it further enacted by the authority aforesaid, that when the right of way of any railroad crosses any street, highway or other thoroughfare within the corporate limits of said city such company shall be deemed for the purposes of this Act as the owner of the property on both sides of the street, highway or thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put, or the portion thereof actually occupied by its track or tracks; any and all property owned by Jackson 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 of common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county. Assessment where railroad company or county is owner of abutting property. Sec. 16. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Commerce is authorized and empowered to enact such ordinance or ordinances and adopt such resolution or resolutions as may be necessary to carry out the powers herein conferred as well as to make all necessary provision for the apportionment, assessment and collection of all the costs and expenses herein provided for against the abutting property and the owners thereof for such street improvements as may be

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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 semiannual payments. Authority as to ordinances, etc. Sec. 17. Be it further enacted that in the event a general bill should be passed by the General Assembly of Georgia at the present session, providing for the issuance of Street Improvement Bonds for municipalities under what is known as the baby bond plan, then said general bill shall supersede section six to sixteen inclusive of this Act. Section 6 to 16, inclusive, superseded on adoption of general law. See page 321, ante. 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 3, 1927. CORDELE CITY MANAGER AS TAX-ASSESSOR. No. 280. An Act to amend an Act entitled an Act to provide for a new charter for the City of Cordele, to define its limits, to provide for a commission form of government, and for other purposes, and the act amendatory thereof, approved August 6, 1923, so as to provide that the city manager of the City of Cordele shall be clothed with all of the powers and duties of tax-assessor of the City of Cordele, and for 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, it shall be the duty of the city manager of said City of Cordele, and he shall be clothed with all of the powers, and charged with the discharge of all of the duties hereto conferred and vested, in the board of tax-assessors of said city. City manager to be tax-assessor.

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Sec. 2. Be it further enacted that said city manager shall not be required to give any additional bond, nor shall he be required to qualify as such tax-assessor, but he is hereby clothed by virtue of his office as city manager with all of the rights, powers and duties heretofore vesting in the board of tax-assessors, nor shall he receive any additional salary on account of the discharge of said duties. Not to give additional bond, etc. Sec. 3. Be it enacted by the authority aforesaid that the same laws, rules, and regulations and ordinances which governed and controlled the city tax-assessors in the conduct of their office and the discharge of their duties, with the same rights and remedies to the taxpayer, shall in all cases, and in all matters apply to the action, duties, and acts of the city manager, it being the purpose and intention of this Act to create said city manager ex-officio sole tax-assessor for the City of Cordele. Laws governing duties, etc. 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 repealed on and after January first, 1928. Approved August 19, 1927. CORNELIA COMMISSION GOVERNMENT REFERENDUM. No. 329. An Act to amend the charter of the City of Cornelia, to abolish the office of mayor and councilmen and certain other offices of said city created by legislative enactment; to provide for a commission manager form of government for said city, and for other purposes. Section 1. Be it, and it is hereby enacted by the General Assembly of the State of Georgia, that from and after the passage and approval of this Act, and on and after January 1st, 1928: The offices of mayor and councilmen and all other offices of said city created by legislative

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enactment, except as hereinafter provided for, are hereby abolished, and all laws creating such offices and defining the duties and authorities pertaining thereto are hereby repealed, except as hereinafter provided for. Offices abolished. Sec. 2. Said municipal corporation shall be governed by a commission and a manager as hereinafter provided. Commission and manager. Sec. 3. The commission shall consist of three citizens who shall have been citizens of said city for at least two years next preceding their election and appointment. Each commissioner must be at least 25 years of age. Said commission shall have all the powers and authority now belonging to the Mayor and Council of said city, except as hereinafter provided. The commission shall have in addition such power and authority as in this Act shall be given it. On and after the passage of this Act the city shall be divided into two wards, which shall be defined as follows: ward Number 1 to be that part of the city lying south of the tracks of the Southern Railway, and ward Number 2 be that part of the city north of the tracks of the Southern Railway. One commissioner to be elected by the voters of ward Number 1; one commissioner to be elected by voters of ward Number 2, and one commissioner to be elected by the voters of the city as a whole. Commissioners; number, qualifications. Two wards; election of commissioners from Sec. 4. The first member of said commission shall be elected as follows: The clerk of said city shall on the 2nd day of October, 1927, open a book for the registration of voters. Such book shall be kept open for a period of thirty days during the hours now provided by law. No person shall be allowed to register unless he shall be qualified to do so under the present laws pertaining to said city. Notice shall be published by said clerk in the official newspaper, notifying the voter to vote at the election of such commissioners, and that the election shall be held on the last Saturday in November. This notice shall be published for two weeks before the book is opened. The book shall be closed at the end of thirty days and the present clerk of the city shall go over the same and shall make up

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the list of registered voters as the same is now made up for the city elections. No person shall be voted for at such elections unless a nominating petition, signed by at least twenty persons whose names shall appear on the last registration list of said city, shall be filed with the city clerk at least ten days before the election day. Such qualified signers may sign as many as three such nomination petitions, but no more. Such election shall be held by managers and clerks selected by the Mayor and Council, and they shall hold said election under the same laws and regulations as now govern city elections in said city. The ballots to be used in said election shall contain the names of the candidate for commissioners, and name or number of ward in which they reside. Said election shall be held on the last Saturday in November. The managers shall report the results of said election to the Mayor and Council, as the results of city elections are now reported, and the Mayor and Council shall thereafter, at the first meeting lawfully held after such election, declare the three persons who shall receive the highest number of votes cast at such election as commissioners. The person who shall receive the largest number of votes shall hold office as commissioner for a term of three years, the person receiving the next largest number shall hold office for a term of two years, the person receiving the next largest number shall hold office for a term of one year. Their terms of office shall begin on January 1st, 1928. If it shall happen that no candidate of the then successful ones shall receive a larger vote than either of the other two, then the three successful ones shall determine by lot which for three years, and which for one year. In the event that there shall be a tie between the successful candidates, then the term of office to be held by each of them shall be determined by lot. No election shall be held in said city for Mayor and Council, or for Mayor or Councilmen, in the year 1927. Elections. Sec. 5. Before entering upon the discharge of their duties, each of said commissioners, and all future commissioners, shall take and subscribe before some judge

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or justice of the peace the following oath, which shall be entered on the minutes of the commission: I do solemnly swear that I will faithfully demean myself as a commissioner of the City of Cornelia during my continuance in office; that I will discharge the duties of the office to the best of my ability, that in the enactment and revision of all legislation I will have due regard for the charter of the City of Cornelia, the Constitution and laws of the State of Georgia, and of the United States of America; and I do further swear that I have not, either in the general election or party primary in which I was a candidate, directly or indirectly expressed or implied any promise of support to any person for any office in the government of the City of Cornelia, nor have I influenced my election by the unlawful use of money, or other thing of value, or by the use of intoxicating liquor. I do further swear that I will not knowingly permit my vote in the election or appointment of any person to a position in the city government or on the passage or adoption of any ordinance before the commission, to be influenced by fear, favor, affection, reward or the hope thereof, but that in all things pertaining to my said office I will be governed by my conviction as to the public good. So help me God. Oath of commissioner. Sec. 6. No candidate for commissioner shall before his election, or in party primary election, directly or indirectly promise any person to appoint or vote for such person, or any other person, to any office or employment in said city government. For a violation of this provision, the candidate making such promise, and the person to whom the same is made, shall forfeit his or their office, and either or both shall, upon conviction be punished as prescribed in section 1055 of the Penal Code of Georgia. Either of the parties to such promise shall be compelled to testify against the other, and the one of said parties first testifying against the other shall himself be immune from prosecution on account of the transaction about which he testifies. Unlawful promises by candidates. Informer immune from prosecution.

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Sec. 7. After the election in 1927 one commissioner shall be elected each year as follows: An election shall be held on the last Saturday in November, 1927, and on the last Saturday in November of each year thereafter, to elect the successor to the commissioner whose term shall expire on the following January 1st. The term of each commissioner so elected shall be three years. No person shall be voted for at such election unless a nominating petition signed by at least 20 persons whose names shall appear on the last registration list of said city shall be filed with the secretary of the commission not less than ten days before the day of the election. The secretary of the commission shall at ten o'clock a. m. on the first Monday in October in each year open a book for the registration of voters in said city, and shall keep such book open from day to day (Sundays excepted) from ten a. m. to one p. m., and from two p. m. to six p. m., lawful time of the State of Georgia, at such times, until six p. m. on the first Tuesday in November following. In such book shall be written the name of the registered voter, occupation and place of residence in said city, and no one will be entitled to register who is under twenty-one years of age except as herein provided. No person not qualified under the present laws of said city shall be permitted to register or to vote in any such election, except persons whose names shall be on the permanent registration list of said city. Any person who is, at the time he offers to register, possessed of all the qualifications of a voter except time of residence in said city and majority, and who by election day will possess these requisites, may be registered. Election of successors. Terms of office. Sec. 8. That at the first meeting of the Mayor and Council held after the ratification of this Act, the Mayor and Council shall elect by a ballot three registrars for said city, who shall serve until their successors are elected and qualified as hereinafter provided. At the first regular meeting of the commissioners held in January, 1928, and biennially thereafter, the commissioners shall elect by ballot three registrars for said city. In the event of the death or resignation

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of any registrar his unexpired term shall be filled by the commission. Said registrars before entering upon their duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as such registrar. Said oath shall be filed with the city clerk and entered upon the book of minutes. Fifteen days prior to the date of any election for any purpose, held in and for the said City of Cornelia, the city clerk shall turn over to said registrars the book of registered voters, and said registrars shall appoint a time when they, in open session, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have three days personal notice, if in the city, or, if not in the city, then three days notice by leaving a copy at his residence, of the time and place of hearing, and of the grounds of challenge, and the registrar shall sit as a court to review said case, and may subpoena witnesses, hear evidence, and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence, and determine whether such applicants should be allowed to register. Said registrars shall review the list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as hereinbefore provided. All actions of the registrars in revising the list of voters must be in public. In making said registration list, and in revising said work, the registrars shall examine the grounds of disqualification of voters, including criminal records, insolvent tax lists, tax digests, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no one off of said list who is entitled to register and vote. That after such registrars have fully completed their work in revising the registration list, they shall carefully and plainly make, or cause to be made, two alphabetical lists, exactly the same, giving name, occupation, color and residence of each voter, and shall certify to the correctness of each list, and date and sign the

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same officially. They shall file one copy with the secretary of the commission, for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark, and sign on the outside officially, and deliver the same to the secretary of the commission, to be by him kept unopened until the day of election, and then handed to the managers of said election. Said registrars shall also at the same time turn back to the secretary of the commission the book of original entries of the persons registering, and their oaths, and these shall remain in his office at all times during office hours, subject to the inspection of any parties at interest. Registrars. Oath of registrar. Sec. 9. That any person who shall register illegally under this Act or be guilty of a violation of any of the provisions of section 660 of the Penal Code of Georgia in registering under this Act shall be guilty of a misdemeanor. Illegal registration; penalty. Sec. 10. That should the secretary of the commission, or registrars, wilfully refuse to pemit any person to register who is entitled to register under this Act, or fail to enter the name of any such person upon the book to be kept for that purpose, or should illegally erase the name of any such person from such book, or the list to be prepared for holding such election, or shall wilfully enter the name of any person or persons on such lists who are not entitled to register, then such secretary of the commission or registrar so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. Unlawful refusal to permit registration, etc.; penalty. Sec. 11. That the commissioners of said city shall have power and authority to fix the compensation of registrars and to pay the same. Pay of registrars. Sec. 12. That at least five days prior to any election the commission shall name as election managers three qualified voters of said City of Cornelia; but no person who is a candidate for any office in the City of Cornelia, or who is, at the time of said election, an office-holder of said city, shall act as manager or clerk thereof. The election managers, when organized, ready for receiving votes,

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at any election held in said city, shall receive from the city clerk the official registration list that has been certified by the registrars as the correct list of voters qualified to vote in said election, sealed as aforesaid, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. Said managers shall plainly mark or check each name as voted. After said election all ballots cast in said election shall be deposited in the ballot box, carefully sealed, and turned over to the secretary of commission for safe keeping, who shall deposit the same in the vault of the city without opening it until the first regular meeting of the commission held thirty days after said election, when, in the event of no contest, having been filed as to results of said election, the ballots shall be destroyed by them. The voting lists and tally sheets shall be returned to the city clerk and shall be preserved in the city records. The polls for the holding of all elections in and for the said City of Cornelia shall be open at 8:00 o'clock a. m. and remain open until 6:00 o'clock p. m. by the time in common use in the City of Cornelia. The managers of the election shall certify the results thereof to the commission by their certificates, which they shall deliver to the city clerk, who shall record said certificate in the minutes or other book kept for that purpose, and said record shall be evidence of the results of said election. Election managers. Duties of election managers. Sec. 13. The commission shall at its first meeting and immediately after qualifying elect one of the commissioners as Mayor of the City of Cornelia. The commissioner so elected shall continue to hold the title of Mayor for two years thereafter, and successor shall be elected by the commission for each two years. The Mayor shall have no more authority than either of the other commissioners, except that he shall act as chairman at all meetings of the commission, shall approve the minutes of such meetings, shall act as Mayor of said city on all ceremonial occasions, and shall have such other authority and duties as hereinafter provided. He shall be ex-officio a member of all

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boards of which the Mayor of said city is now ex-officio a member of. Mayor. Sec. 14. The city commission thus elected and organized shall be strictly a legislative body. The said commission shall pass all the ordinances for the government of the city, fix the tax rate, license fees, and do and perform all necessary work of a legislative character for the successful government of the city. Such commissioners shall serve in their office as such without compensation. Commission to be strictly a legislative body. Sec. 15. The commissioners shall at their first meeting and as soon as they qualify elect a secretary of the commission, who shall hold office at the pleasure of the commission. Said secretary of the commission shall receive such salary as the commission shall fix, and shall have charge and custody of the city records, and shall attend all meetings of the commission, and shall keep accurate minutes of their proceedings and said secretary shall keep in office provided therefor all oaths taken by, and all bonds of officers and employees, and shall keep a record of all elections and appointments to office, and shall perform such other duties as may be provided by the Act, or as may be imposed by the commissioners, not inconsistent herewith Secretary of commission. Duties. Sec. 16. Any or all of the commissioners may be removed from office at any time by a recall election. The procedure to hold such election and to effect such removal shall be as follows: If as many as one third of the persons who were qualified voters in the last city election as shown by the voters list for said election, shall present a written petition to the secretary, naming the commissioner or commissioners whose recall is desired, and specifying in such petition the reason or reasons why they think such commissioner or commissioners should be recalled, then the clerk shall at once publish a notice in the official newspaper, stating that such petition has been filed with him, and that a book for the registration of voters who may desire to vote in the election will be open on a named day, which day shall be twelve days after first publication of the notice.

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Such notice shall be published once a week for two weeks. Such book shall be kept open for a period of thirty days as provided for in other city elections, and the existing laws of said city relative to the qualifications of persons undertaking to register shall apply, except in case of persons whose names shall be on the permanent registration list of said city as hereinafter provided for. The day of the election shall be on the first Tuesday after the expiration of ten days from the closing of the registration books, and the registrators shall during such interval make up the registration list and deliver same to one of the managers of the election, as provided for in other city elections. There shall be three managers and clerks of the same qualifications as required in other city elections, but the commissioner or commissioners whose recall is asked shall take no part in election or appointing such managers or clerks, and if the recall of all the commission is asked, then the secretary of the commission shall name the managers and clerks. The ballots at such recall election shall be prepared at the expense of the municipal corporation and shall conform to the following requirements: There shall be printed on the ballots the two propositions as follows: For the recall of Commissioner..... (giving the name of the commissioner); Against the recall of Commissioner..... (giving the name of the commissioner), and the same shall be repeated once or twice if two or three commissioners are being voted on. The voters shall in each case strike from the proposition to which he is opposed, leaving unstricken the proposition he votes for. The manager shall report the results of such election to the commissioner as in case of other city elections, and all such elections shall be held at the place or places and under the methods and systems now provided by law for election of said city. If the majority of those voting in such election shall vote in favor of recalling any commissioner, his office shall become vacant from the time that the results of said election are announced to the commission, and the vacant office shall be filled in accordance with the provisions of this Act, regulating the election

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of a commission every year, except that the election shall be held as soon as the same can be legally done, under said provisions, and without waiting for the coming of the dates provided for. Any person so recalled may become a candidate in the election to elect his successor. Any person elected to succeed the recalled commissioner shall only hold office for the remainder of the unexpired term of the recalled commissioner. In the event, however, that all three of the commissioners shall be recalled at the same election, they shall nevertheless continue to hold office until their successors shall be elected and shall qualify. In the event that for any cause there shall be a vacancy in the office of one or more commissioners, the commissioner or commissioners remaining in office shall perform all the duties and shall possess all power and authority of the commission until the vacancy or vacancies shall be filled. In the event, for any cause, there shall be a vacancy in the office of all of said commissioners, the Governor of the State shall appoint three such commissioners, who shall hold the office until said vacancies shall be filled by an election herein provided for. Removal of commissioner by recall. Recall election. Sec. 17. Be it further enacted by the authority aforesaid that the commission shall select and appoint a manager for said city within thirty days after their election and qualification and fix his salary, which salary shall not be more than $3,000.00 per annum, to be paid in monthly installments, which salary shall be fixed at the time of his election, but which shall be changed at any time by the commission. Such manager shall be a male person and an American citizen not less than twenty five years of age. Said manager shall be subject to removal from office at any time by a vote of the majority of the commission. City manager election, qualifications, salary, removal. Sec. 18. The manager must devote all his working time and attention to the affairs of the city. He shall not be interested, directly or indirectly, in any business enterprise in said city, or in any person or persons contracting with or making sales to said municipal corporation. He shall have the appointment, subject to confirmation by the commission,

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of all heads of department of said city, except the secretary and the recorder. His appointment of employees below the grade of heads of departments shall not be subject to confirmation by the commission. He shall have the right to remove heads of departments and other employees (except the secretary of the commission and the recorder) without the consent of the commission and assigning any reason therefor, except that in case he removes the head of any department he shall state to the commission in writing the cause of such removal. The manager shall be responsible for the efficiency for each department of the city government (except in the cases of the secretary and the recorder), and shall from day to day personally inspect the working of each department. He shall have an office at the city hall and shall keep his office open one hour each day (except Sundays and holidays) at an hour of the day to be fixed by him, during which all residents of the city shall be free to appear and make complaints against the operation of any department of the city government. He shall have charge of the purchase of all supplies and material for the municipal corporation. The manager must at the first of each year submit to the commission for its consideration a budget of proposed expenditures for that year, showing, in as much detail as practicable, the amounts allotted to each department of the city government, and the reason for such estimated expenditures. No part of any amount allotted to any department shall be expended by the manager on account of any other department except upon the consent of the commission. The manager must make a full written report to the commission on the first of each month, showing the operations and the expenditures of each department of the city government for the preceding month, and a synoposis of such reports shall be published by the secretary in the official newspaper quarterly. All payments of city funds except salaries of the commissioners, of the secretary and the recorder shall be made by vouchers drawn in duplicates by heads of departments and countersigned by the manager. All such vouchers in duplicate shall be handed by the

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manager to the secretary of the commission, who shall keep a record thereof, shall also keep one of said vouchers in his records, and shall pass the other of said duplicate vouchers to the city treasurer, who shall draw checks on the bank or banks in which the city funds shall be deposited, which checks shall be payable to the person or persons in whose favor the vouchers are drawn. Duties of manager. The manager shall have the right to attend all meetings of the commission and to discuss with the commissioners all matters coming before the commission, but shall have no vote thereon. Attendance of meetings of commission. Sec. 19. The commission shall meet at least once each month in the city hall, unless providentially prevented, at such hour as shall be fixed by it. This hour must be published and shall not be changed except after published notice stating the hour to which changed. The commission may meet oftener as may be adjudged necessary for the public good. All such meeting shall be public and open to all residents of the city. Time of meetings. Meetings to be public. Sec. 20. The books and records of said city shall be audited at least once every twelve months by expert auditors or accountants employed for this purpose by the commission, and such auditors or accountants shall make written reports of the results of such audits. The fees and expenses of such auditors and accountants shall be paid out of the city funds. Audit. Sec. 21. The commission shall have all the authority now possessed by the Mayor and councilmen in adopting ordinances, and the present laws regulating the adoption of ordinances shall continue in force, except that a proposed ordinance, after being read at any meeting of the commission, shall be posted in full in front of the city-hall and shall not come up for passage until ten days after such posting. If during said period of ten days a petition shall be filed with the secretary of the commission, signed by at least one third of the voters whose names appear on the last registration of voters' list of said city, requesting that

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said proposed ordinance be referred to a vote of the people, the commission, before finally adopting said ordinance shall order a referendum election thereon, the procedure, for which shall be as follows: the secretary of the commission shall post in front of city-hall a notice for ten days in which notice shall be given the text or a full synopsis of the proposes ordinance, stating that a petition for a referendum election on the proposed ordinance has been filed with him, announcing that a special referendum election will be held on a certain day (naming the day), and that a special registration book for said election will be opened on a certain day, which day shall be ten days after the first posting of the notice. Such registration book shall be open and kept open as provided for in other city elections, and all the other registration and election laws of said city shall control such registration and election. The election shall be held on the first Tuesday following the ten days after the closing of the special registration book. The registrars shall make up the registration list for said election as in case of other city election. The ballots used shall be printed at the expense of the city, and shall state the title of the ordinance and its substance, and below such statement shall state the two propositions: For the ordinance, and Against the ordinance. The voters shall strike from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. If a majority of such voters shall favor the proposed ordinance, the commission thereupon in due course adopt the same, but if a majority shall vote against the proposed ordinance, it shall not be adopted by the commission until it shall have in a future election been voted in favor of. Ordinances; posting before adoption. Petition for referendum. Referendum as to ordinance. Sec. 22. If as many as one third of the voters who were on the list of qualified voters at the last city election shall present a written petition to the commission, setting out in such petition that they desire the adoption of a certain ordinance (the form of which shall be given in the petition), although the commission may not be willing to adopt such proposed ordinance, either in form or substance, nevertheless

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an election shall be called by the secretary of the commission for the purpose of submitting such proposed ordinance to a vote of the people, which vote shall be taken as follows: The secretary shall post the text of the ordinance as set forth in the petition in front of the city-hall for ten days, such posting to be made only twice in said ten days, and also stating that the adoption or rejection of the proposed ordinance will be submitted to a vote of the people at an election to be held on a named day, and that a special registration for said election wil be held and a book opened for registration of voters, which day shall be to days after the last posting of the notice. On such day such book shall be opened and kept open for thirty days as in case of other city elections. After the closing of such books the registrars shall within ten days thereafter make up the voters' list for said election and deliver the same two days before the election to one of the managers for said election, to be selected by the commission. The laws of said city with reference to the registration of voters, qualification of voters, making up of voters' list, appointment of managers and clerks, and holding of elections, shall apply. Persons whose names shall appear on the permanent registration list, and which shall not be removed therefrom by the registrars as herein provided for shall also be allowed to vote in said election. Printed ballots shall be prepared and furnished at the expense of the municipal corporation, which ballot shall appear on the text of the title and body of the proposed ordinance, and below it the two propositions: For the above ordinance, and Against the above ordinance. The voter shall strike from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. The result of such election shall be certified to the commission as the results of other city elections are anounced, and if it shall appear that a majority of the lawful voters at such election shall vote in favor of the proposed ordinance, this shall have all the force and effect as if adopted by the commission, and the commission shall declare such ordinance the law of the city. An ordinance once adopted

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by an initiative election as in this section provided for cannot be repealed or amended except by a like procedure and election. The provisions of section 22 and 23 of this Act shall not apply to ordinances proposed under the provisions of section 24 and sections 33 to 45, inclusive, of this Act. Initiative petition of citizens proposing ordinance. Referendum. Sec. 23. No ordinance, whether adopted by the commissioner or by an initiative election, shall be lawful if such ordinance relates to more than one subject-matter, or which contains matter not referred to in the title. The commission shall, however, have the right and authority from time to time to have the then-existing ordinances of said city codified, and to adopt by ordinance the code as a whole, and a copy of such code, duly certified as being a true copy by the clerk of the commission, shall be received in evidence in all courts of this State as if the code itself had been properly introduced in evidence. Ordinance must contain but one subject-matter, and title must refer to it. Sec. 24. Ordinances now of force in said city shall not be affected by this Act, except when any such ordinance shall be in conflict with any of the provisions hereof. Existing ordinances not affected. Sec. 25. The police court of said city shall be presided over by a judge, who shall be designated as recorded, and who shall have all the power and authority in said court and in the conduct thereof, and trying and punishing offenders against the laws or ordinances of said city, as now given the Mayor or other presiding officer in said police court. The present method of procedure in said court shall continue. The recorder shall be of good moral character, and shall have been a citizen of said city for at least one year preceding his election. He must be at least twenty-five years of age at the time of his election. He shall be elected by the commission for a term of two years, but shall be subject to removal at any time by a vote of the majority of the commission. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the commissioners. The

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recorder must be furnished with a copy of such charges, and of the time when the same will be heard, which must not be less than five days after a copy of such charges shall have been furnished him. Such hearing shall be public and the recorder shall have the right to be present thereat and to call the witness in his own defense; but the action of the commission in removing or in refusing to remove the recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the commission. Recorder. Removal of recorder. In case of the disqualification, illness, absence from the city, or vacancy in office, of the recorder, the Mayor or any one of the commissioners may act as recorder, and shall have all the power and authority of the recorder while acting as such. The secretary of the commission shall be ex-officio clerk of police court, and shall perform all the duties and have all the authority therein now possessed by the clerk of said city. At least one session of the police court shall be held each week, and as much oftener as the recorder or acting recorder may see fit. The present law governing the taking of certioraries from the police court shall continue in force. The recorder shall receive such salary as the commission shall fix. When Mayor acts as recorder. Clerk of court. Sessions. Certiorari. Salary of recorder. Sec. 26. If any property which has been returned for taxation to said city shall be sold for taxes owing said city and shall not be redeemed from such tax sale within the time allowed by law for such redemption, or if any property shall be sold under any other execution issued by said municipal corporation, before any such sale shall become effective to pass the title to such property the commission shall, acting by its secretary, give written notice to the person against whom the execution issued, describing the property, advising him that the property has been sold and that the time of redemption has passed, and further advising that the taxpayer or other defendant in execution may appear before the commission on a day named (which must not be less than fifteen nor more than thirty days from the date of such notice), and submit evidence showing

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that an excessive levy was made when said property was levied on, or that the requirements of the law were not compiled with otherwise, and that in default of such appearance, the commission will proceed to determine these questions for itself. This notice must be mailed to the defendant at his last known post-office address. If such person shall appear and shall submit evidence, showing to the satisfaction of the commission that the levy was excessive, or that there was some error in default in the procedure, or if the commission shall, after consideration and without any appearance by the person notified, decide that such levy was excessive or that error was committed in the procedure, then the commission shall direct the levying officer to dismiss the levy already made, and to make a new levy only on so much of said property as shall be reasonably sufficient to pay the amount of the execution and all cost, or to correct the errors committed in making such levy or sale, or both, which order shall be obeyed by the levying officers and all other officers and employees of said city. If, however, the commission shall decide against the objections raised, or shall, if no objections are raised, decide that the levy is not excessive and that no mistakes or errors occurred in the procedure, then such decision in any case shall be final and there shall be no appeal therefrom, and the purchaser at such sale shall acquire a good title. If the property levied on is of such character that it cannot be fairly and practically subdivided and a part only levied on, then the objection to question of an excessive levy shall not be considered, nor shall any such objection or question be considered when the property is properly sold as unreturned property. Tax sales. Title to unredeemed property; notice and hearing to taxpayer. Determination as to legality of tax sale. Sec. 27. All pertinent recitals of fact made in deeds or bills of sale conveying property sold at tax sales, or sold under lawful process, by said municipal corporation, acting by its duly authorized officers, shall be held and taken as prima facie true, but may be rebutted. Recitals in tax deeds, prima facie true. Sec. 28. No real estate, title to which is or shall hereafter be in said municipal corporation, shall be sold by the

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commission except at public sale after ten days advertisement, or unless bids have been invited for said property by ten days advertisement, and even when such property shall not be sold or any bid accepted, unless the amount offered for such property shall at least equal one half of the last city assessed value of said property; provided, however, that if the commission shall, with the written concurrence of the city manager, unanimously agree to accept a less amount than one half such assessed value, the same may be done. Requirements as to sales. Sec. 29. All persons owning property within the city limits of the City of Cornelia shall be subject to pay an ad valorem tax to said city thereon, and the lien for said tax shall attach as of January first in each year. The taxable real estate within the limits of said city shall have a value for taxation placed thereon by three freeholders who are citizens and residents of said city and who are qualified voters, the value to be fixed being the fair market value on January first of each year; the three tax assessors above provided for to be appointed by the city manager, which appointment shall have the approval of the commission. All personal property of whatever kind or character subject to taxation in said city shall be returned and valued for taxation under existing methods employed in said city, but all such returns shall be made on or before the second Saturday in March of each year, and upon failure to make such return the owner of such property shall be liable for double taxes upon such unreturned property. All ad valorem taxes shall become due and payable on the second Friday in November of each year. The taxpayers may anticipate the payment of the amount of their tax and shall be allowed a discount of one half of one per cent. per month for every month in advance of the second Friday in November in each year, that said taxes may be paid. On and after the second Friday in November in each year, the books for the collection of taxes shall be peremptorily closed; and on the next day following tax executions for all unpaid taxes shall issue. When tax executions shall have

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been issued as provided for in the preceding section, it shall be the duty of the city manager to see that said executions are promptly collected, the provisions herein respecting the collection of same being mandatory, and a failure to properly perform the duties devolving on and city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of the officer or officers who shall fail to perform their duties in this regard. Taxes. Lien of tax. Valuation of property. Returns. Time of payment. Discount. Executions for taxes. Said unpaid tax for which executions are issued shall bear interest at the rate of eight per centum per annum; and in addition thereto, the cost for issuing, levying and settling such executions shall be the same as allowed the tax collectors, constables and sheriffs of this State for like services; such costs, however, to be paid into the treasury of the City of Cornelia. Costs. Sec. 30. Beginning with the registration of voters directed by this Act to be taken for the election at which the first commissioners are elected, the name of all such voters who shall be finally placed on the registration or voters' list for said election shall be placed on a permanent registration list for said city by the secretary of the commission, and names of other voters whose names shall appear on registration or voters' list for other city elections shall from time to time be placed on said permanent registration list by said secretary after each such election. When any person's name shall have been placed on said permanent registration list, it shall not be necessary for him to register again in order for him to be entitled to vote at any city election, as long as he shall be otherwise entitled to vote, shall be placed on the registrations or voters' list for all city elections. However, it shall be the duty of the registrars, when they make up the registration list for any city election, to go over the permanent registration list, and if they shall decide that any person whose name appears thereon, they shall give him written notice to show cause before them why his name shall not be stricken from said list, stating in said notice the day when he may be

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heard; and if by said day such disqualification shall not be removed, or if on such hearing it shall appear that he is disqualified, then his name shall be stricken from said permanent registration list. Permanent registration of voters. Notice before striking name from list. Sec. 31. In the case of the death, resignation, removal from office, or vacation from office by removal from said city (and removal shall operate to create a vacancy just as if there should be a formal resignation) of any commissioner, the secretary of the commission shall proceed to call an election to fill such vacancy, and such election shall be called and held as in the case of an election held to elect to fill a vacancy caused by a recall election as in this Act provided for. Vacancy in office. Sec. 32. Any person, natural or artificial, now or hereafter owning a railroad of any character which has or may hereafter have tracks running on the streets, avenues, lanes or alleys, or other public places of said city, may in the discretion of the commission be required to pave, macadamize, and drain the width of its tracks and two feet or more as the commission in each case may determine, on each side of every line of such track now or hereafter laid thereon, under such rules, plans and specifications as the commission shall specify. If such owner shall fail or refuse to comply with the order of the commission to make such improvements after receiving thirty days' notice to do said work, a reasonable time being given in which said work shall be completed after being begun, then such work may be done by the commission at the cost and expense of such owner, and such cost and expense shall be charged against such owner, and the municipal corporation shall be entitled to a lien for the full amount of such cost and expense against the property of such owner, which may be enforced against such property, as hereinafter provided for the enforcement of other liens for paving. Paving where railroad is in street, etc. Sec. 33. Whenever the commission shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, or any part of them,

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the commission shall by ordinance declare such work or improvement necessary. Unless between the time of the first posting of the ordinance and the time when it can be finally adopted, more than one half the owners in area of the land liable to assessment to pay for such improvement shall file with the secretary of the commission their protest in writing against such improvement, then the commission shall have the power to pass and adopt the proposed ordinance, and to levy assessments as herein provided for. Any number of streets, avenues, lanes, or alleys, or parts thereof to be so improved, may be included in one ordinance, but any protest or objection shall be made as to each street or highway separately; provided, however, that if the owners of more than one half in area of the land liable for any such improvement shall petition that commission for such improvement of any street or highway or part thereof, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petitioners for such improvement, then the commission may cause such improvement to be made in accordance with the prayers of the petition, without the adoption of any ordinance; provided that the commission shall finally have the right to determine the kind of material to be used for such improvement, and the width thereof. Ordinance declaring necessity of paving, etc. Objections. Petition for improvement. Sec. 34. The lots, pieces or parcels of lands fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvements for said frontage, provided that the frontage of intersecting streets, avenues, lanes or alleys shall be assessed as real estate abutting upon the street, avenue, lane or alley to be paved, or otherwise improved, and the municipal corporation shall be for all intents and purposes of these paving provisions of this act, the owner or legal representative of real estate abutting on any street, avenue, lane or alley, shall possess the same rights and privileges as other owners of real estate abutting on any such street, avenue, lane, or alley, and the commission

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shall pay from the city treasury the just pro rata of the entire cost of said work or improvement for the said frontage. Mode of assessment. Sec. 35. Whenever the petition provided for in section 34 of this act is presented or whenever the commission shall have determined to pave, grade, drain or otherwise improve any street, avenue, lane or alley, or any part of the same, and shall have passed the ordinance provided for in said section, the commission shall then have the power to enact all further ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas or sewer pipes in and underneath the streets, avenues, lanes or alleys where such public improvements are to be made, and all costs and expenses of making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement. Authority as to ordinance. Sec. 36. After the expiration of time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by more than one half the owners in area of the property to be assessed, if such petition shall be found in proper form and properly executed, the commission shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of the commission to proceed with the improvement, stating the material to be used, and the manner of construction, and defining the extent, character and width of the improvement, and such other matters as may be necessary to instruct the city manager and his subordinates in preparing for such improvement the necessary plans, plots, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as the commission shall deem proper to impose with reference to the letting of the contract and the provision thereof, and the commission shall by said resolution provide that the contractor

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shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and of the contract, and for the protection of the city and all property owners' interest against any loss or damage by reason of the negligent or improper execution of the work, and may require a bond in an amount to be stated, for the maintenance in good condition of such improvements for a period of at least one year from the date of the completion, or both, in the discretion of the commission. Said resolution shall also direct the city manager to advertise for bids for furnishing the materials and performing the work necessary in making such improvements. The notice of such bid shall state the street, avenue, lane or alley to be improved, the kind of improvements proposed, what, if any, bond or bonds will be required to be executed by the contracts, and shall state the time and place where such sealed bids shall be filed, and when and where the same will be considered by the commission. Such notice shall be published for ten days in the official newspaper. At the time and place specified, the commission shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder; which contract shall in no case be the estimate of cost submitted by the city manager for such work, and the commission shall have the right to reject any and all bids and to readvertise for other bids when any such bids are not in its judgment satisfactory. Resolution as to improvement, contract, etc. Contractor's bond. Bids. Award of contract. Sec. 37. As soon as the contract is let and the cost of such improvements, which shall also include all other expenses incurred to such improvement, in addition to the contract price for the work and materials ascertained, the commission shall by resolution appoint a board of appraisers, consisting of the city manager and the city tax assessors, to appraise and apportion the cost and expense of the same to the several tracts of land abutting on the proposed improvements. Within ten days from the date of the resolution appointing such board, the board shall file a

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written report of the appraisal, assessment and apportionment of such expense and cost to the several tracts of land abutting on such street, avenue, lane or alley, with the secretary of the commission. When such report shall have been returned and filed, the commission shall designate a time for holding a session for the hearing of any complaints, or objections, that may be made concerning such appraisement, assessment and apportionment as to any such tracts of land abutting on the proposed improvements, and notice of such hearing shall be published by the secretary at least five days prior to such session, and the notice shall provide for an inspection of the return by any person interested herein. The time fixed for such hearing shall be not less than five nor more than ten days from the last publication. The commission shall at said session have power to review and correct said appraisement, apportionment and assessment, and to hear objections to the same, and to confirm finally the same as made by the board or as corrected by the commission. Assessment in conformity to said appraisement and apportionment as confirmed by the commission shall be payable in ten equal annual installments, and shall bear interest at the rate of seven per cent. per annum from the time said assessments are fixed until paid, the assessments to be payable in each year at such time as the several installments of the assessment are made payable each year. The commission shall by ordinance levy assessments in accordance with said appraisement and apportionment as confirmed against the several tracts of land liable therefor. Board of appraisers. Hearing of objections to report of appraisers. Assessments; levy of. Sec. 38. The first installment of said assessment, together with interest to that date on the whole, shall be due and payable on the first day of September next succeeding the adoption of said ordinance, and one installment, with the yearly interest upon the amounts remaining unpaid, shall be payable on September 1st of each succeeding year until all shall be paid; provided that if such assessing ordinance shall be passed after the first day of August in any year, the first installment of such assessment and interest

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shall be due and payable on September 1st of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments in full within thirty days from the date of the passage of the ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the treasurer of the city, and relieve their property from the lien of said assessment, which money so paid to the treasurer shall be disbursed pro rata between the contractor and the municipal corporation in proportion to their respective lnterest. Time of payment of assessments. Option as to payment. Disbursement. Sec. 39. Such special assessment and each installment thereof, and the interest thereon, and all costs incurred by the municipal corporation in connection therewith are hereby declared to be a lien against the tracts of land so assessed from the date of the ordinance levying the same, co-equal with the lien of taxes, and prior to and superior to all other liens against such tracts, and such lien shall continue until such assessment and the interest thereon shall be paid in full, but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Lien of assessment. Sec. 40. The commission, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, fixing the date fifteen days after the passage and adoption of the ordinance levying such assessment, and of such denomination as the commission shall determine, which bond or bonds shall in no event become a liability of the municipal corporation of the City of Cornelia, nor of the commission. One tenth in amount of any such series of bonds, with the interest upon the whole series to that date, shall be payable on the fifteenth day of September next succeeding the maturity of the first installments of the assessments and interest, and one tenth thereof, with the yearly interest upon the whole

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amount remaining unpaid, shall be payable on September the fifteenth in each succeeding year until all shall be paid; such funds to bear interest at a rate not exceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street, avenue, lane or alley for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the tracts of land benifited by the said improvement under authority of this Act. Said bonds shall be signed by the Mayor and attested by the secretary of the commission, and shall have the corporate seal of the city affixed, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated in the bond. Said bonds shall be sold at not less than par, and the proceeds thereof shall be applied to the payment of the contract price and other expenses incurred in making such improvement, or such bonds, in the amount that shall be necessary for that purpose, may be delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvement shall be sold or otherwise disposed of as the commission shall direct and as regulated by law. All said bonds shall be registered by the secretary of the commission in a book to be provided for that purpose, and certificate of registration shall be endorsed by the secretary on each of said bonds. Whenever the owner of any such bonds shall sell or transfer the same, such sale, with the name and address of the owner and of the transfer, shall be entered on the registry book for such bonds at the office of the secretary, and it shall be the duty of the transferee of said bonds to carry or send said bonds to the secretary for such purposes. Street-improvement bonds. Sale of bonds. Registration of bonds. Sec. 41. The assessments shall be payable by the persons owning said tracts of land as the several installments

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become due, together with the interest on the whole amount as before provided for, to the treasurer of said city, who shall give proper receipts for such payments. In shall be the duty of the treasurer to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate account and special fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purposes; except that, at the time that any payment on said bonds shall be due, if there shall be more than enough in such special fund to make payment of the amount then due on said bonds, the other items of expenses incurred by the municipal corporation in making such improvement may be paid wholly or partly from such excess. It shall be the duty of the treasurer, not less than thirty days and nor more than fifty days before the maturity of any such assessments to publish in two successive issues of the official newspaper a notice advising the owner of the property affected by such assessment of the date when such installments and interest will be due, and designating the streets or other highway on which such assessments have been levied, and that unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest. It shall be the duty of the treasurer promptly after the maturity of any such installment or assessment and interest, in case of a default in payment of such installment or assessment, with interest, to issue an execution against the tract of land assessed for such improvement or against the person owning the same for the amount of such assessment, with interest, shall deliver the same to the levying officer of said city, or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement, and, after advertisment and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and subject to claims against said property for unpaid taxes; provided that the defendant shall have the right to file an affidavit denying

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that the whole or any part of the amount for which execution issued is due, and stating what amount he admits to be due, which amount shall be paid before the affidavit is received for the balance. All affidavits (and these, the foregoing and following provisions shall apply to the railroads against whom executions shall issue for the cost and expense of paving) shall set out in detail the reasons why the affiant claims the amount is not due, and when received by the levying officer shall be returned to the city court of Habersham County, or the superior court of Habersham County, whichever shall be first in session, and there tried and the issue determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the city treasurer to publish said notice of maturity of any installment of said assessment and interest shall in nowise affect the validity of the assessment and interest thereon or the execution issued therefor. For all such paving or improving purposes, the person last returning the real estate for a taxation to the city shall be regarded and taken to be the owner thereof, and if two or more persons shall return the same property for taxation, the city authorities may proceed against all or either of them, and leave to them the settlement as to who is owner and who is liable; and when no person shall return any such real estate for taxation; then no notice shall be given, but the work shall be done and assessment made and execution issued against the property as unreturned property, and the same shall be levied on and sold as unreturned property is levied and sold for the payment of city taxes owing thereon. Payments to Treasurer. Notice of maturity of installments of assessment. Execution, levy and sale. Affidavit of illegality. Failure to publish notice. Sec. 42 No suit shall be sustained to set aside any such assessment or levying or collecting any such assessment or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than for failure of the commission to adopt and publish the ordinance provided for in section 34 of this Act, and to give notice of the return of the board of appraisers, as herein provided for, unless such

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suit shall be begun within thirty days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient, partly or wholly, for any reason, the commission may at any time, in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have the force and effect of an original valid assessment. Limit of time for suit to set aside assessment, etc. Sec. 43. In all cases where the commission shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, avenue, lane or alley which has been paved or improved prior to the passage of this law, or which shall have been heretofore paved or improved under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of the bond shall apply, provided that in the judgment of the commission the pavement is worn out and no longer serviceable. Repaving, etc. Sec. 44. Whenever the abutting land owners of any street, avenue, lane, or alley of said city shall petition the commission as hereinbefore set out, or the commission shall adopt the ordinance as provided in section 34 hereof, where the State or any of its political subdivision is the owner of any property on such street or other highway, the frontage so owned is to be counted as if owned by an individual and shall be so treated for the purpose of assessment, and when the State is the owner the Governor is authorized to sign any petition provided for there, and where the County of Habersham is the owner the Chairman of the Commissioners of Roads and Revenues is authorized to sign in behalf of the county; and where the city of Cornelia is the owner the Mayor is authorized to sign in behalf of the City of Cornelia. The method of paving, grading, macadamizing, draining or repaving, redraining, remacadamizing, or otherwise improving any street, avenue,

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lane or alley, or any of parts thereof, as provided for in section 34 to 45 inclusive of this Act, shall be, except in cases where the owners of more than one half in area of the land liable for any such improvements shall petition the commission for such improvement of any street or highway, or part thereof, in addition to and cumulative of the methods now provided by law for such purposes, or any of them, and the commission in any case may (subject to the exception before stated) use and apply any of said methods. Assessment where State or county is land owner. Cumulative methods of improvement. Sec. 45. When any action shall be brought in any court of this State to which the City of Cornelia shall be a party, service of any and all writs which are required to be served on said city shall be made by personal service of a copy thereof on any one of the commissioners of said city. Service of suit against city. Sec. 46. The present method of returning property for taxation to said city (such returns, however, to be made to the secretary of the commission), of assessing property for taxation, and of levying and collecting such taxes and other revenues of said city, and of holding them, shall continue in force and the offices of tax assessors and treasurer shall continue, with the same duties pertaining to said offices at present; but the commission, or the people by an initiative election held as herein provided for, shall have the power by ordinance to abolish the office of city treasurer and to transfer the duties pertaining to such office to other officers of said city, and to make a bank or banks of said city depository of the city funds. Tax returns. Power to abolish office of treasurer. Sec. 47. If the owner or agent of any property shall be dissatisfied with the assessment thereof by the tax assessors, he shall have the right to ask for an arbitration of the assessment, by giving a written notice to the tax assessors within five days after June first in any year, of his desire to arbitrate, and naming his arbitraror. The tax assessors shall, within two days after such notice is given him, name an arbitrator for the city. The two arbitrators shall within two days thereafter select a third, and the written decision

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of two out of the three shall finally determine the assessment to be placed on such property for that year. Such award by a majority must be made within three days after the selection of the third, or the assessment made by the tax assessor shall stand. The award shall not be in excess of the amount fixed by the tax assessors nor less than the amount claimed by the complainant. Arbitration of assessment. Sec. 48. The following shall constitute the various departments of the city government referred to in section 12 hereof, and the titles of the heads thereof: Police Department (including regulation and management of the city prison), the head of which shall be designated chief. Fire Department (including inspection of buildings and issuance of building permits), the head of which shall be designated chief. Public Health, the head of which shall be designated health officer. Department of Law, the head of which shall be designated city attorney. Public Works (including care of streets, drains, bridges, sewerage system, public buildings, and personal property of the city not belonging to any other department), the head of which shall be designated as director of public works. Public Finances, the head of which shall be designated treasurer. Public Records, the head of which shall be the secretary of the commission. The commission may from time to time, on the recommendation to the city manager, create other departments and may define the duties pertaining to each department. Departments of city government. Sec. 49. All salaries not otherwise provided for in this Act shall, except in the case of the salary of the city manager, be fixed on the recommendation of the city manager by the commission. Such salaries shall be fixed yearly. Salaries. Sec. 50. The commission may from time to time require all of the officials and employees of the city to give bonds for the faithful performance of their duties, and may require them to take proper oaths of office. Official bonds. Sec. 51. The secretary of the commission shall issue all executions for taxes and for other amounts owing to the

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city, and he shall keep a record thereof, and shall keep all other city records. Executions. Sec. 52. The chief of police shall be ex-officio marshal of said city and shall perform all the duties imposed on the marshal by law. Chief of police, exofficio marshal. Sec. 53. Except in the case of the secretary of the Commission and the recorder, the city manager may appoint a deputy for any department, which deputy shall have all the authority of the head of the department, in the absence, disability or disqualification of the head. Deputies. Sec. 54. The commission may by resolution to be adopted at any meeting thereof and to take effect at once, if so provided in the resolution, exercise all the power and authority in declaring a quarantine and enforcing the same. Quarantine. Sec. 55. Be it further enacted by the authority aforesaid that this Act shall become effective only after a majority of the duly qualified electors of said city voting shall vote for new charter, and if a majority of said electors so vote, then this Act shall become effective. The Mayor and Council shall provide for an election to be conducted as elections are now conducted, and the returns thereof made by the managers to the Mayor and Council, who shall declare the results, which shall be entered upon the minutes so as to show the number of votes cast for and against said new charter. The election shall be held on a day appointed by the Mayor and Council within sixty days from the approval of this Act; and two weeks' publication and notice of the date of said election shall be given in the newspaper in said city prior to said date. On the issue submitted to the voter of said city as aforesaid the ballots shall be marked For new charter and Against new charter. If a majority of those voting, vote Against new charter, this Act shall be void; if a majority of those voting, vote For new charter, then this Act shall be of force as provided herein. In said election the qualified voters shall be determined according to the last registration list of said city prepared prior to said election.

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The said registration list may be purged, corrected and brought down to date, the Mayor and Council to be the judges of the correctness of said list. Referendum as to adoption of this Act. Approved August 20, 1926. COVINGTON PUBLIC UTILITIES; DISPOSAL. No. 147. An Act to amend the charter of the City of Covington, Georgia, Laws 1918, section 26, page 642, approved August 16, 1918; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, the following words be added to section 26, page 642, Georgia Laws 1918, after the word utilities in the last line of said section: Provided that before said Mayor and Council shall dispose of any one or all of the within named city owned public utilities by absolute sale in fee simple, an election shall be called submitting the matter to the qualified voters of said city for their approval or disapproval. Said election to be called, held, and the result determined under the election laws now in force, or that may be hereafter prescribed for creating a bonded indebtedness against said city. So that said section when so amended shall read as follows: Be it further enacted that the City of Covington shall continue to supply all the public utilities of said city, to wit: waterworks, sewerage, electric lights, public schools; and for these purposes the Mayor and City Council of the City of Covington shall be invested with all the authority to enlarge such systems of public utilities as they may deem necessary, and they may have authority to prescribe by ordinances for the government and regulation of all public utilities. Provided that before said Mayor and Council shall dispose of any one or all of the within named public utilities by absolute sale in fee simple, an election shall be called submitting

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the matter to the qualified voters of said city for their approval or disapproval. Said election to be called, held, and the result determined under the election laws now in force, or that may be hereafter prescribed for creating a bonded indebtedness against said city. Referendum as to sale of public utilities. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved August 6, 1927. DAHLONEGA SCHOOL TAX. No. 179. An Act to amend an Act approved December 17, 1894, to establish a system of public schools in the Town of Dahlonega, Georgia; to empower the Mayor and Council of said town to levy and collect a tax for the support and maintenance thereof; to provide for the issuance of bonds of said town for the purpose of purchasing school property, building schoolhouses, etc.; to create a board of school commissioners for said town; to authorize and require the County School Commissioner of Lumpkin County to pay or turn over to said school board such part of the State and County School fund as may be the just pro rated share of said town; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that section 8 of the Act of the General Assembly of Georgia approved December, 1894, be and the same is hereby amended by striking in said section, wherever the same appears, the words, not to exceed one half of one per cent., and to insert in lieu thereof the words not to exceed three fourths of one per cent., so that said section when amended shall read as follows: Increase of school tax. Sec. 2. Be it enacted by the authority aforesaid that the Mayor and Council of the Town of Dahlonega are hereby authorized to levy and collect annually a tax in

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addition to that now allowed by law, not to exceed three fourths of one per cent. on the taxable property of said town, for the purpose of establishing and maintaining said schools, not less than four and not more than ten months in each year; the fund realized from such tax to be used exclusively for the purposes of said school. 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 is hereby repealed. Approved August 11, 1927. DALLAS FRANCHISE CONTRACTS. No. 140. An Act entitled an Act to amend an Act creating a new charter for the City of Dallas, Georgia, in the County of Paulding, to reincorporate said town; to declare and more fully define the powers and liabilities of said town; to define the corporate limits of said town; to provide for a mayor and aldermen of said town; a board of commissioners to be known as a water, light and sewer commission, and define the duties, powers and rights and liabilities of the same, both officers and commissioners; to provide for their election, appointment and removal from office, for recall and referendum, and provide for the retention of said officers until the expiration of said term of office; to authorize the providing of a system of police for said town; that all rules, ordinances and regulations of said town not in conflict with this Act remain of force under this Act until amended, set aside or repealed; to provide for streets, alleys and sidewalks, parks, cemeteries and public buildings, for the working of streets, sidewalks, parks and cemeteries; to authorize the mayor and aldermen of said town to purchase, receive by donation, establish, maintain and operate a public school system, a system of waterworks, electric

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light plant, and a system of sewerage for said town, to issue bonds for the same, according to law, and to assess, levy and collect tax for the purpose of paying the interest on said bonds; and also the principal of said bonds as the law provides; and also for the maintenance and support of said public school system for said town; to exercise the right of eminent domain, condemn private property for public use, providing such compensation be paid, and to provide how, and in what manner just compensation may be determined; to hold an annual and all other elections on days as provided by law; to determine the question of creating a debt in said town; the issuing of bonds to provide for the assessment, levy and collection of an ad valorem tax upon all property in said town, for general purposes, and also to obtain the principal and interest on said bonds; to authorize and provide for the taxing of all kinds of business, trades, and professions, done, practiced or carried on in said town, and the issuance of license authorizing same; for the taxing of shows, exhibitions and all entertainments given in said town; and to provide for all other matters necessary for the general welfare of said town and the citizens thereof, and for other purposes, approved August 21, 1911, by striking from said section the following words: that no franchise shall be granted for a term of more than twenty years, but: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that section 19 of the Act reincorporating the town of Dallas, Paulding County, Georgia, approved August 21, 1911, be and the same is hereby amended by striking from section 19 of said Act, between the word provided, in the seventh line, and the word there, in the ninth line, the following words: that no franchise shall be granted for a term of more than twenty years, but, so that said section 19 when so amended shall read as follows: Repeal of provision limiting time of franchise.

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Sec. 19. Be it further enacted by the authority aforesaid that the mayor and aldermen of said Town of Dallas shall have the right and power to grant franchises, easements, and rights of way, over, in, under and on the public streets, lanes, alleys, sidewalks, parks, and other property of said town on such terms and conditions as they may fix; provided there shall be nothing in this Act that shall interfere with the Town of Dallas, incorporated under this Act, in carrying out the agreements and contracts of the Town of Dallas, incorporated under this Act, in carrying out the agreements and contracts of the Town of Dallas incorporated under the Act of the General Assembly approved July 28, 1883, and all Acts amendatory thereto for franchises for telephone and electric-light purposes. 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 6, 1927. DALLAS STREET-IMPROVEMENT ASSESSMENTS. No. 83. An Act to amend section 57 of an Act to create a new charter for the Town of Dallas, Georgia, Paulding County, approved August 21, 1911, and as amended by an Act to amend the charter of the Town of Dallas, Georgia, Paulding County, approved August 16, 1920, said section 57 relating to street and sidewalk improvements and the assessment and collection thereof, by changing the period, which following the word improved which is the last word in paragraph 1 of section 57 of said amending Act, to a semicolon, and by adding thereto the following: also said Mayor and Aldermen shall have the power and authority to assess one fourth, or any small amount, of the actual cost of paying streets against the real estate abutting on each side of the street or sidewalk; 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 and approval of this Act the charter of Dallas, Georgia, Paulding County, approved August 21, 1911, and as amended by an Act to amend the Charter of Dallas, Georgia, Paulding County, approved August 16, 1920, be and the same is hereby amended as follows, to wit: By changing the period, which follows the word improved which is the last word in paragraph 1 of section 57 of said amending Act, to a semicolon, and by adding thereto the following: also said Mayor and Aldermen shall have the power and authority to assess one fourth, or any smaller amount, of the actual cost of paving streets against the real estate abutting on each side of the street or sidewalk, so that said section when amended shall read as follows: Assessment of part of cost of paving. Sec. 57. Be it further enacted, that the Mayor and Council shall have the full power to grade, pave, macadamize, or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town, now, or that may hereafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares, or public alleys. In order to make effective the power and authority above given, and to provide funds therefor, said Mayor and Aldermen shall have power and authority to assess one-half the actual cost of paving sidewalks and placing curbing by the same against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved; also said Mayor and Aldermen shall have the power and authority to assess one-fourth or any smaller amount, of the actual cost of paving streets against the real estate abutting on each side of the street or sidewalk. Section as amended. Sec. 2. All laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved July 30, 1927.

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DAWSON SCHOOL LAWS AMENDED. No. 148. An Act to amend an Act entitled An Act to establish a system of public graded schools in the City of Dawson, and for other purposes, as found on pages 1307, 1308, 1309 and 1310 of the Acts of the General Assembly of Georgia, approved August 16th, 1889, and as amended by an Act of the General Assembly of the State of Georgia as found on pages 670 and 671 of the Acts of the General Assembly, approved August 20th, 1906, and as amended by an Act of the General Assembly of the State of Georgia, as found on page 948 of the Acts of the General Assembly, approved July 31st, 1920, to provide who shall be eligible to serve as members of the Board of School Commissioners of the City of Dawson, Georgia, and their qualifications; to provide for the organization of said board, and how vacancies shall be filled; to provide for the duties of the Treasurer of said board and the minimum amount of his bond; to provide for an annual audit of the books and records of said board, and the publication of the financial statement of said board; to provide who shall be eligible to enter the public schools of Dawson, and for other purposes. Section 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 the Acts of the General Assembly approved August 16th, 1889, as found on page 1308 of the Georgia Laws of 1889, and as amended by an Act of the General Assembly approved August 20th, 1906, as found on pages 670 and 671 of the Georgia Laws of 1906, be and the same is hereby repealed, and the following section, to be known as section three (3), enacted in lieu of said repealed section. Substitute for section 3 of school law. Sec. 3. That the Board of School Commissioners of the City of Dawson, Georgia, shall consist of six persons, all of whom shall be citizens of the City of Dawson, shall be

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above the age of twenty-one years, and be of good moral character. The persons now holding office as School Commissioners of the City of Dawson shall continue to hold such office until the expiration of the term for which they were elected. That on the second Wednesday in December, 1928, three school commissioners shall be elected to succeed the commissioners whose terms of office expire January 1st, 1929, and, on the second Wednesday in December, 1930, three school commissioners shall be elected to succeed the commissioners whose terms of office expire January 1st, 1931. The terms of office of said school commissioners shall be four years. Subsequently thereafter, every two years, at the same time and place, and under the same provisions as govern the election of the Mayor and Alderman of the City of Dawson, three school commissioners shall be elected to succeed the school commissioners whose terms of office expire January 1st, following such election. Should a vacancy or vacancies occur at any time on said Board of School Commissioners, the City Council of Dawson shall have power and authority, and shall order an election to be held within thirty (30) days from the date of the order calling the same, during which time the said order shall be published in the official gazette of the City of Dawson. The said Board of School Commissioners, and their successors in office, shall have power to take and hold all property, both real and personal, that they may acquire by purchase, donation or otherwise, in trust for the City of Dawson, and the said Board of School Commissioners and their successors in office are hereby made a body corporate, with the right to sue and the liability of being sued. Board of School Commissioners. Election of commissioners; term of office. Vacancies. Powers. Sec. 2. Be it further enacted by the authority aforesaid that section four (4) of the Act approved August 16th, 1889, as found on page 1308 of the Georgia Laws of 1889, and as amended by an Act approved August 20th, 1906, as found on page 671 of the Georgia Laws of 1906 be and the same is hereby repealed, and the following section, to be known as section four, enacted in lieu of said repealed section. Substitute for section 4 of school law.

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Sec. 4. The said Board of School Commissioners shall elect a President, a Vice-President, Secretary and Treasurer from their own number, who shall perform such duties as may be required of them. The Treasurer of said Board of School Commissioners shall give a surety bond in an amount of not less than five thousand ($5,000.00) dollars, conditioned for the safe keeping and proper disbursement of all funds placed in his hands. The annual premium on the Treasurer's bond shall be paid from the public school funds in the hands of said Treasurer. The Treasurer of said board shall be required to keep a cash book, or other record book or books, upon which shall be correctly entered all sums of money received by him, the source from whence received, and upon which cash book, or other record book, the said Treasurer shall likewise enter all sums paid out by him, to whom paid and for what purpose. Such cash or other record books shall be kept in such manner as to correctly reflect the financial status of said Board of School Commissioners, of all funds received and paid out by said board. The books and records kept by said Treasurer showing the receipts and disbursements of public funds shall be considered public records, and shall be subject to the same visitation and inspection as the books of other public officials. Such books and records shall be audited at least once each year by the State School Auditor, as the records of other public school funds of the State are audited. Should the State School Auditor fail or refuse to audit such books, then the said Board of School Commissioners shall have an annual audit made of such books by some other competent public accountant. The Treasurer of said Board of School Commissioners shall not pay out any funds in his hands, except by and with the approval of said board, acting as a body, or through duly authorized and appointed committees. That annually, not later than August 1st, in each year, the said Board of School Commissioners, shall cause the Treasurer of said board to make up a financial statement of all revenues received by him, and the source from whence received, and all disbursements made by him, and for what purpose, such financial statement

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to cover the period of one year ending June 30th, next prior to said report, and such report, when made up, shall be published in one issue of the official gazette of the City of Dawson, and a copy of such report kept on file by said Board of School Commissioners. Officers of board. Treasurer's bond and duties. Sec. 3. Be it further enacted by the authority aforesaid that section five (5) of the Act approved October 16th, 1889, as found on page 1309 of the Georgia Laws of 1889, be and the same is hereby amended by striking from said section the following clause found in lines 13, 14, 15 and 16 of said section: They may charge a matriculation fee, not to exceed five dollars per annum, for the admission of children into said schools, and no pupil shall be entitled to the benefits of this Act, or enter or continue in said schools, without complying with this provision, and substituting in lieu thereof the following: Any child between the ages of six and eighteen years of age, whose parents, guardians or natural protectors are residents of the City of Dawson, shall be entitled to enter said schools, and receive the benefits thereof, upon the payment of a matriculation or book fee of five dollars per annum. Section 5 of Act of 1889 amended. Matriculation fee. Said section five (5) is hereby further amended by striking the word shall on the 17th line of said section, and substituting in lieu thereof the word may, so that said section five when thus amended shall read as follows: Sec. 5. That said Board of School Commissioners shall elect a Superintendent (who may be principal), principals and other teachers for said public schools, prescribe their duties and their salaries, elect text-books, prescribe the course of study, determine the length of the scholastic term, and the time of beginning and closing said schools (the term not to be less than that of the State public schools), and adopt such rules and regulations for their own government and that of the schools as they may deem necessary for the carrying out the purposes of this Act, not inconsistent with the constitution and laws of this State. The said board shall establish such grammar schools

Page 1024

and such high schools as may be necessary for the education of the children attending said schools. Any child between the ages of six and eighteen years of age whose parents, guardians or natural protectors are residents of the City of Dawson shall be entitled to enter said schools and receive the benefits thereof, upon the payment of a matriculation or book fee of $5.00 per annum. They may provide for the admission of children into said schools who reside out of said city, or students not within the ages of six and eighteen years of age, upon the payment of such tuition as they may deem proper. They shall have power to build, purchase, lease and rent such schoolhouses and other property as may be necessary to carry on said schools. A majority of said board shall constitute a quorum for the transaction of any business. Section as amended. Sec. 4. Be it further enacted by the authority aforesaid that section six (6) of the Act approved October 16th, 1889, as found on page 1309 of the Georgia Laws, 1889, be and the same is hereby repealed. Repeal o section 6 of Act of 1889. Sec. 5. Be it further enacted by the authority aforesaid that section seven (7) of the Act approved October 16th, 1889, as found on page 1310 of the Georgia Laws of 1889, and as amended by the Act approved July 31st, 1920, as found on page 948 of the Georgia Laws of 1920, be and the same is hereby amended by striking therefrom, on lines two and three of said section, the clause as early as practicable after the beginning of each scholastic year, and substituting in lieu thereof the clause, on or before the first Tuesday in July of each year, and said section is further amended by striking Mayor and Council whenever and wherever the same appears in said section, and substituting in lieu thereof the words City Council of Dawson, and said section is further amended by adding the word Superintendent after the word the and before the word principal on the 13th line of said section as originally enacted, and said section is further amended by striking therefrom the following clause: Section 7 amended. Time of determining as to amount to be raised by tax.

Page 1025

And the collection of the tax provided for by this section may be enforced by mandamus against the Mayor and Council of said city at the instance of said Board of School Commissioners, so that said section seven as amended shall read as follows: Repeal of provision as to mandamus. Sec. 7. That the Board of School Commissioners shall determine, on or before the first Tuesday in July of each year, what amount of money it will be necessary to raise by taxation to defray the expenses of said public schools for the ensuing year, and shall lay the same before the City Council of Dawson, and it shall be the duty of said City Council of Dawson to proceed to levy and collect the same, provided the rate of taxation under this Act shall not exceed seven tenths of one per centum per annum, and, when collected, the clerk or other collecting officer of said City Council shall pay the same over to the Treasurer of said Board of School Commissioners, which shall constitute a fund to be expended by said Board in the payment of the salaries of the superintendent, principal and teachers, and in building, repairing, leasing, or renting schoolhouses and other property, and for defraying all other necessary expenses of said schools. Section as amended. Sec. 6. Be it further enacted that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved August 6, 1927. DAWSON STREET IMPROVEMENTS. No. 120. An Act to repeal two Acts, amending the charter of the City of Dawson, Georgia, approved August 18th, 1918, and August 8th, 1923, and to amend the Act incorporating the City of Dawson, Georgia, approved August 7th, 1909, so as to authorize the City Council of Dawson, Georgia, to establish and change the grade of any street

Page 1026

avenue, lane, alley or other public place in the City of Dawson; to provide for the paving and otherwise improving such public street, avenue, lane, alley or other public place; to provide for assessing the cost of such paving entirely abutting against property owners on petition of the owners of 51% of the abutting property, or to assess two thirds of the cost of such paving and improving without petition; to provide for the levy of the assessments, and the manner in which the same shall mature; to provide for the issuance of street improvement bonds against any assessments that may be due the City of Dawson by abutting property owners; to provide for the lien of such assessments and how the same shall be enforced; to provide for the paving of any sidewalk at the expense of the abutting property owner, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act, the Act amending the charter of the City of Dawson, approved August 19th, 1918, as found on pages 689, 690 and 691 of the Acts of the General Assembly of Georgia for the year, 1918, and the Act amending the charter of the City of Dawson, approved August 8th, 1923, as found on pages 605, 606, 607 and 608 of the Acts of the General Assembly of Georgia for the year 1923, be and the same are hereby repealed. Repeal of Acts of 1918 and 1923. Sec. 2. Be it further enacted by the authority aforesaid that it is hereby enacted by the authority of the same that from and after the passage of this Act, the Act incorporating the City of Dawson, Georgia, approved August 7th, 1909, be and the same is hereby amended by adding thereto the following sections. Act of 1909 amended. Sec. 3. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the City Council of Dawson, Georgia, shall have full power and authority to establish, to change the grade of, to pave, drain, macadamize, curb, and otherwise improve any street,

Page 1027

lane, alley, avenue, sidewalk, or other public place in the corporate limits of the City of Dawson, or any part thereof, in accordance with the provisions of this Act, whenever in the judgment of said City Council of Dawson the public convenience and welfare may require that such improvement be made. Authority as to street improvement. Sec. 4. Be it further enacted by the authority aforesaid that the City Council of Dawson shall have full power and authority to provide by proper ordinance for the paving or improving as provided for in section three of this act, and for the assessment of the cost and expenses of such improvement to the abutting property owners, on the basis of one third of such cost and expenses to be paid by the City of Dawson and two-thirds of such cost and expenses to be paid by abutting property owners. And the Ordinance may also provide for the apportionment of the cost of paving or improving any street or other intersection and the assessment of such cost against abutting property owners. The City Council of Dawson shall have power to assess the cost in whole or in part, of any intersection, to the abutting property owners, along such street. No petition from abutting property owners shall be necessary before the ordinance provided for in this section shall be passed. Assessments. No petition required. Sec. 5. Be it further enacted by the authority aforesaid, that when the owners of fifty-one percentum of the lineal front footage abutting on any street, or part thereof, or other public place, shall file with the City Council of Dawson a petition, signed by such property owners, asking that such designated street be paved or otherwise improved on what is known as the Oklahoma Plan, that is the abutting property owners on both sides of the street paying the whole costs of such improvements, then the City Council of Dawson shall be authorized to pass proper ordinance to provide for such improvements, and the assessment for the same entirely against the abutting property owners, and the same City Council is authorized to include in the cost of such assessments the whole or any part

Page 1028

of the street intersections. The ordinance providing for such improvements, shall set forth how said street intersections are to be paid for, whether by the City in whole or in part, or by abutting property owners in whole or in part. Petition for paving on Oklahoma plan. Assessment. Sec. 6. Be it further enacted by the authority aforesaid, that whenever the City Council of Dawson shall pass any ordinance for the paving or otherwise improving any street or other public place, as provided by section four, such ordinance shall designate the street or portion thereof to be paved and improved, and the basis of assessing the cost of the same against abutting property owners. And likewise, whenever any ordinance is passed for the paving or otherwise improving any street or other public place, as provided by section five of this Act, such ordinance shall recite that same is to be paved on the Oklahoma Plan, and that petition for such paving has been filed by fifty-one per centum of the lineal front footage of property owners on said street, such ordinance shall designate the street or portion thereof to be paved and improved, and the manner of assessing the cost thereof, and shall also provide how the street intersection shall be assessed. Contents of ordinances under sections 4 and 5. Sec. 7. Be it further enacted by the authority aforesaid that all curbing, excavating, grading, drainage, manholes, catch basins, sewers, etc., made necessary by any paving or other improvements on any of the streets in the City of Dawson, and the cost of the same, together with all necessary expenses including engineers' fees, advertising, printing, etc., shall be deemed and considered part of the total cost of such paving or other improvement, and the cost of same shall be assessed in accordance with the plan under which said paving or other improvement is to be done. Expenses included in assessment. Sec. 8. Be it further enacted by the authority aforesaid, that whenever any ordinance is passed by the City Council of Dawson under the provisions of this Act, for the

Page 1029

paving or otherwise improving any street or other public place, that such ordinance shall, before the same becomes of full force and effect, be published in at least two issues of the official gazette of Terrell County, that is the newspaper in which the sheriff's advertisements are published, and in connection with such published ordinance, a notice shall be given setting forth the time and place for a hearing upon the same, and any citizen of Dawson or other interested party, may appear before the City Council of Dawson and make any objections or protest against the passage of such ordinance, for any legal reason they might have to the same. The City Council of Dawson at such meeting shall have the right to amend the ordinance, or make such changes in the same as may appear to be necessary. Should no objections be filed, or should objections be filed and the same overruled by the City Council of Dawson, then the said ordinance shall be of full force and effect. And should any person, firm, or corporation or other owner of abutting property, not begin legal proceedings within twenty days from the date of said meeting, to prevent such paving or other improvements from being made, then such property owner will be presumed to have agreed to such ordinance, and the consequent assessment to be made. Publication of ordinance. Notice of hearing. Time limit of proceedings to prevent improvement. Sec. 9. That whenever the City Council shall pass any Ordinance to provide for the paving of any street or other public place, and the same shall become of force, the said City Council of Dawson shall have authority to proceed to have work done or improvement made, and to ascertain the cost thereof. And in arriving at the cost of such paving or other improvement, the said City Council may employ an engineer to lay out the plans and specifications, subject to the approval of the City Council of Dawson, under which said improvement shall be made, and the said City Council shall have the right at all times to designate the kind of material to be used for such improvement, and the character of the improvement, and when the plans for such improvement have been approved by the City Council of

Page 1030

Dawson, the cost thereof may be ascertained by bids to be submitted in the manner prescribed by the said City Council; and should any work be let out to contractors, the said City Council, of Dawson shall have the right to prescribe the amount and kind of bond required of such contractors, and may prescribe that the condition of such bond shall require that the paving or other improvement be kept up by said contractor for a period of five years. In ascertaining the cost and expenses of such paving, the said City Council shall designate how said paving is to be paid for, what proportion is to be paid by abutting property owners, and how the said property owners may pay for same, so that bidders on said work may have full knowledge of how the contracts for same will be paid. Plans and ascertainment of cost. Contract for work. Bond of conractor. Sec. 10. Be it further enacted by the authority aforesaid that whenever the cost of any paving or other improvement is ascertained by the City Council of Dawson, the City Council shall then appoint a committee from its own body, who shall in conjunction with the engineer in charge of supervising said work, should such engineer be employed, apportion and appraise the cost of such paving or other improvement, and the expenses thereof, to the several tracts of land abutting on said paving or other improvement, which apportionment and appraisement shall be in accordance with the ordinance providing for such paving or improvement. And when the committee thus appointed shall have completed their work, they shall file a written report with the Clerk of the City Council, which report shall give the name of the owner, the amount of front footage assessed, and the total amount of the assessment against such property, and such report shall designate the street upon which such assessments are made, the basis upon which the same are made. Immediately after the filing of such report the Clerk of the City Council of Dawson shall notify each abutting property owner of the front footage and the assessment made against him, and after such notice has been given, which maybe by mail or otherwise, the City Council of Dawson shall designate a time and

Page 1031

place for the holding of a session of the City Council to hear objections to such assessments. Should the time of the meeting be designated before the notice of such assessments is given to the abutting land owners, such notice may include the time and place of hearing. Notice of the meeting shall be published in one issue of the official gazette of the City of Dawson, prior to the date of same, which published notice shall state the purpose and the time and place of such meeting. Any person against whom an assessment has been made may appear before the said City Council of Dawson at the time and place designated in said notice, and file any objections to such report, or otherwise urge any protest which they might have against such report. The City Council of Dawson at such meeting shall have full power and authority to review the assessments and apportionments as made by said committee, to confirm the same, or correct or change the same, or otherwise disapprove the same, just as in its judgment and discretion may appear right and proper at the time. Appraisement of cost; assessment. Notice to property owners. Objections. Sec. 11. Be it further enacted by the authority aforesaid that when the report of the assessment committee has been confirmed, either as originally made or as corrected by the City Council of Dawson, and such assessments may be made before, after, or during the time such improvements are being made, then the City Council of Dawson shall by proper ordinance levy the assessments against each owner and his abutting property, in the amounts set out in said report, and said ordinance shall provide that said assessments shall be paid in ten equal installments, which said installments shall bear interest at the rate of 7% per annum. Said ordinance shall provide when said assessments shall mature, and shall provide that the interest on any unpaid portion shall be paid either annually or semiannually, and shall also provide that any assessment may be paid in full within thirty days from the passage of the ordinance levying the same; and upon such payment in full, the property shall be relieved from such

Page 1032

assessments. All assessments, when paid or as paid, shall be kept in a separate fund, and shall be used only for the purpose of paying for such improvement, or any obligation incurred in making the same. Such ordinance levying the assessments and setting out the terms of payment upon the same shall be published in one issue of the official gazette of the City of Dawson, and each abutting property owner shall be notified of the levy of such assessment and the terms under which same may be paid. Levy of assessments. Time of payment. Notice of terms of payment. Sec. 12. Be it further enacted by the authority aforesaid that immediately after the expiration of 30 days from the passage of the ordinance levying the assessments as provided in section 11 of this Act, the City Council of Dawson may by proper resolution provide for the issuance of bonds in the aggregates amount of such assessments remaining unpaid at the end of 30 days, such bonds to be in such denominations as the City Council may determine, and shall be known as street-improvement bonds, and shall bear interest at the rate of 6% per annum, which may be paid seminannually if so provided, but in any event to be paid annually, one tenth of which bonds shall mature annually each year, together with the interest thereon, and interest coupons shall be attached to said bonds, and the maturity date of such bonds and interest coupons shall be not more than one month after the maturity date of the assessments against which said bonds are issued. The said bonds shall be signed by the Mayor and Clerk, and shall have the corporate seal impressed thereon, and shall recite that same are issued against paving assessments, which have been assessed and levied by the City of Dawson, and shall further recite that the same are to be paid out of the proceeds collected from such assessments, and said bonds when so issued shall be sold at not less than par, and the proceeds realized from such sale applied to the payment of the amount due for such paving or other improvement, provided that said bonds when issued shall in no event be an obligation binding upon the City of Dawson, except as against the paving assessments when collected by the said

Page 1033

city. Said bonds may be sold to the contractor for any amount due on the contract for such work. The City of Dawson shall not be authorized to appropriate any funds, other than those collected from assessments, to the payment of said bonds. Street-improvement bonds. Sec. 13. Be it further enacted by the authority aforesaid that whenever any assessment against any abutting property and the owner thereof shall mature, or any installment thereof shall mature and remain unpaid for a period of ten days, that the Clerk of the City Council shall issue an execution against the owner and the abutting property for such matured portion of said assessment together with the interest thereon, which execution shall be signed by the Mayor and attested by the Clerk, which execution shall be placed in the hands of the Chief of Police of the City of Dawson, who shall proceed immediately to levy the same upon said abutting property, and shall advertise said property for sale in the manner now provided by law for the sale of property under other tax fi. fa., and, when said property is sold, deeds shall be executed to the same by said levying officer. Provided that if there is other outstanding installments to become due, that said property shall be sold subject to such unmatured installments and the interest thereon, and provided further that any person against whom an execution has been issued and levied shall have the right to file an affidavit of illegality denying that the whole or any part of the amount of such installment is due, or set up any other legal defense which such property owner may have to said execution, provided that if any amount is admitted to be due, such amount shall be paid before said illegality shall be received. Such illegality shall be filed with the levying officer, and the same, together with the execution, shall be returned to the court having jurisdiction thereof, that is to the justice court, should the amount be less than $100.00, and to the superior court should the amount be more than $100.00, and the said illegality shall be subject to the same penalties as other illegalities and shall be tried in the same manner as other illegalities. Execution; levy and sale. Affidavit of illegality.

Page 1034

Sec. 14. Be it further enacted by the authority aforesaid that all assessments made against abutting property and the owners thereof shall constitute a lien against said property for the principal and interest that may accrue, and such lien shall be a special lien against said property of equal dignity with that of State and county and municipal taxes, and superior to any other lien on said property, whether created before or after the levy of such assessments, and said lien shall attach to any and all abutting property, whether owned by an individual, corporation, firm, church, county, city, or any other organization or legal entity capable of owning property, provided that such special lien shall not be enforced until the maturity of the same or some part thereof, and only for the amount that may be matured. Lien of assessment. Sec. 15. Be it further enacted by the authority aforesaid that the City Council of Dawson shall have full power and authority to provide for the paving of any sidewalk in the corporate limits of the City of Dawson, and charge the entire cost thereof against the abutting property and the owner thereof, and when any sidewalk is paved and the cost thereof is not paid by the owner, the said City Council shall cause to be issued an execution against the owner and the abutting property for the cost of such sidewalk paving, which execution shall be levied and collected as other tax liens. Such execution shall issue in the first instance for the whole amount due, and shall be due and payable immediately. Sidewalk paving. Sec. 16. Be it further enacted by the authority aforesaid, that the said City Council of Dawson shall have full power and authority to pass all resolutions or ordinances which may be necessary or proper to carry out the provisions of this Act. Power as to ordinances. etc. Sec. 17. Be it further ordained by 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, 1927.

Page 1035

DAWSON STREET IMPROVEMENTS. No. 142. An Act to repeal two Acts, amending, the charter of the City of Dawson, Georgia, approved August 18th, 1918, and August 8th, 1923, and to amend the Act incorporating the City of Dawson, Georgia, approved August 7th, 1909, so as to authorize the City Council of Dawson, Georgia, to establish and change the grade of any street, avenue, lane, alley or other public place in the City of Dawson; to provide for the paving and otherwise improving such public street, avenue, lane, alley or other public place; to provide for assessing the cost of such paving entirely against abutting property owners on petition of the owners of 51% of the abutting property, or to assess two-thirds of the cost of such paving and improving without petition; to provide for the levy of the assessments, and the manner in which the same shall mature; to provide for the issuance of Street Improvement Bonds against any assessments that may be the City of Dawson by abutting property owners; to provide for the lien of such assessments and how the same shall be enforced; to provide for the paving of any sidewalk at the expense of the abutting property owner, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act, the Act amending the charter of the City of Dawson, approved August 19th, 1918, as found on pages 689, 690, and 691 of the Acts of the General Assembly of Georgia for the year, 1918, and the Act amending the Charter of the City of Dawson approved August 8th, 1923, as found on pages 605, 606, 607 and 608 of the Acts of the General Assembly of Georgia for the year 1923, be and the same are hereby repealed. This Act is identical with the next preceding Act, beginning on page 1025. Repeal of Acts of 1918 and 1923. Sec. 2. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same

Page 1036

that from and after the passage of this Act the Act incorporating the City of Dawson, Georgia, approved August 7th, 1909, be and the same is hereby amended by adding thereto the following Sections: Act of 1909 amended. Sec. 3. Be it further enacted by the authority aforesaid that from and after the passage of this Act the City Council of Dawson, Georgia, shall have full power and authority to establish, to change the grade, of, to pave, drain, macadamize, curb, and otherwise improve any street, lane, alley, avenue, sidewalk, or other public place in the corporate limits of the City of Dawson, or any part thereof, in accordance with the provisions of this Act, whenever in the judgment of said City Council of Dawson the public convenience and welfare may require that such improvement be made. Authority as to street improvements. Sec. 4. Be it further enacted by the authority aforesaid that the City Council of Dawson shall have full power and authority to provide by proper ordinance for the paving or improving as provided for in section three of this Act, and for the assessment of the cost and expenses of such improvement to the abutting property owners, on the basis of one-third of such cost and expenses to be paid by the City of Dawson and two-thirds of such cost and expenses to be paid by abutting property owners. And the ordinance may also provide for the apportionment of the cost of paving or improving any street or other intersection and the assessment of such cost against abutting property owners. The City Council of Dawson shall have power to assess the cost, in whole or in part, of any intersection, to the abutting property owners along such street. No petition from abutting property owners shall be necessary before the ordinance provided for in this section shall be passed. Assessments. No petition required. Sec. 5. Be it further enacted by the authority aforesaid, that when the owners of fifty-one percentum of the lineal front footage abutting on any street, or part thereof or other public place, shall file with the City Council of

Page 1037

Dawson a petition, signed by such property owners, asking that such designated street be paved or otherwise improved on what is known as the Oklahoma Plan, that is, the abutting property owners on both sides of the street paying the whole cost of such improvements,then the City Council of Dawson shall be authorized to pass proper ordinance to provide for such improvements, and the assessment for the same entirely against the abutting property owners, and the said City Council is authorized to include in the cost of such assessments the whole or any part of the street intersections. The ordinance providing for such improvements shall set forth how said street intersections are to be paid for, whether by the City in whole or in part, or by putting property owners in whole, or in part. Petition for paving on Oklahoma plan. Assessment. Sec. 6. Be it further enacted by the authority aforesaid, that whenever the City Council of Dawson shall pass any ordinance for the paving or otherwise improving any street or other public place, as provided by section four, such ordinance shall designate the street or portion thereof to be paved and improved, and the basis of assessing the cost of the same against abutting property owners. And likewise, whenever any ordinance is passed for the paving or otherwise improving any street or other public place, as provided by section five of this Act, such ordinance shall recite that same is to be paved on the Oklahoma Plan, and that petition for such paving has been filed by fifty-one percentum of the lineal front footage of property owners on said street. Such ordinance shall designate the street or portion thereof to be paved and improved, and the manner of assessing the cost thereof, and shall also provide how the street intersection shall be assessed. Contents of ordinances under sections 4 and 5. Sec. 7. Be it further enacted by the authority aforesaid, that all curbing, excavating, grading, drainage, manholes, catch basins, sewers etc. made necessary by any paving or other improvements on any of the streets in the City of Dawson, and the cost of the same, together with

Page 1038

all necessary expenses including engineers, fees, advertising, printing, etc. shall be deemed and considered part of the total cost of such paving or other improvement, and the cost of same shall be assessed in accordance with the plan under which said paving or other improvement is to be done. Expenses included in assessment. Sec. 8. Be it further enacted by the authority aforesaid that whenever any ordinance is passed by the City Council of Dawson under the provisions of this Act for the paving or otherwise improving any street or other public place, that such ordinance shall, before the same becomes of full force and effect, be published in at least two issues of the official gazette of Terrell County, that is the newspaper in which the Sheriff's advertisements are published, and in connection with such published ordinance, a notice shall be given setting forth the time and place for a hearing upon the same, and any citizen of Dawson or other interested party may appear before the City Council of Dawson and make any objections or protest against the passage of such ordinance, for any legal reason they might have to the same. The City Council of Dawson at such meeting shall have the right to amend the ordinance, or make such changes in the same as may appear to be necessary. Should no objections be filed, or should objections be filed and the same overruled by the City Council of Dawson, then the said ordinance shall be of full force and affect. And should any person, firm or corporation, or other owner of abutting property, not begin legal proceedings, within twenty days from the date of said meeting, to prevent such paving or other improvements from being made, then such property owner will be presumed to have agreed to such ordinance, and the consequent assessment to be made. Publication of ordinance. Notice of hearing. Time limit of proceedings to prevent improvement. Sec. 9. That whenever the City Council shall pass any ordinance to provide for the paving of any street or other public place, and the same shall become of force, the said City Council of Dawson shall have authcrity to proceed to have such work done or improvement made, and to

Page 1039

ascertain the cost thereof. And in arriving at the cost of such paving or other improvement, the said City Council may employ an engineer to lay out the plans and specifications, subject to the approval of the City Council of Dawson, under which said improvement shall be made, and the said City Council shall have the right at all times to designate the kind of material to be used for such improvement, and the character of the improvement, and when the plans for such improvement have been approved by the City Council of Dawson, the cost thereof may be ascertained by bids to be submitted in the manner prescribed by the said City Council; and should any work be let out to contractors, the said City Council of Dawson shall have the right to prescribe the amount and kind of bond required of such contractors, and may prescribe that the condition of such bond shall require that the paving or other improvement be kept up by said contractor for a period of five years. In ascertaining the cost and expenses of such paving, the said City Council shall designate how said paving is to be paid for, what proportion is to be paid by abutting property owners, and how the said property owners may pay for same, so that bidders on said work may have full knowledge of how the contracts for same will be paid. Plans and ascertainment of cost. Contract for work. Bond of contractor. Sec. 10. Be it further enacted by the authority aforesaid that whenever the cost of any paving or other improvement is ascertained by the City Council of Dawson, the City Council shall then appoint a Committee from its own body, who shall, in conjunction with the engineer in charge of supervising said work, should such engineer be employed, apportion and appraise the cost of such paving or other improvement, and the expenses thereof, to the several tracts of land abutting on said paving or other improvement, which apportionment and appraisement shall be in accordance with the ordinance providing for such paving or improvement. And when the Committee thus appointed shall have completed their work, they shall file a written report with the Clerk of the City

Page 1040

Council, which report shall give the name of the owner, the amount of front footage assessed, and the total amount of the assessment against such property, and such report shall designate the street upon which such assessments are made, the basis upon which the same are made. Immediately after the filing of such report the Clerk of the City Council of Dawson shall notify each abutting property owner of the front footage and the assessment made against him; and after such notice has been given, which may be by mail or otherwise, the City Council of Dawson shall designate a time and place for the holding of a session of the City Council to hear objections to such assessments. Should the time of the meeting be designated before the notice of such assessments is given to the abutting land owners, such notice may include the time and place of hearing. Notice of the meeting shall be published in one issue of the official gazette of the City of Dawson, prior to the date of same, which published notice shall state the purposes and the time and place of such meeting. Any person against whom an assessment has been made may appear before the said City Council of Dawson at the time and place designated in said notice, and file any objections to such report, or otherwise urge any protest which they might have against such report. The City Council of Dawson at such meeting, shall have full power and authority to review the assessments and apportionments as made by said Committee, to confirm the same, or correct, or change the same, or otherwise disapprove the same, just as in its judgment and discretion may appear right and proper at the time. Appraisement of cost; assessment. Notice to property owners. Objections. Sec. 11. Be it further enacted by the authority aforesaid that when the report of the assessment Committee has been confirmed either as originally made or as corrected by the City Council of Dawson, and such assessments may be made before, after, or during the time such improvements are being made, then the City Council of Dawson shall by proper ordinance levy the assessments against each owner and his abutting property, in the

Page 1041

amounts set out in said report, and said ordinance shall provide that said assessments shall be paid in ten equal installments, which said installments shall bear interest at the rate of 7% per annum. Said ordinance shall provide when said assessments shall mature, and shall provide that the interest on any unpaid portion shall be paid either annually or semiannually, and shall also provide that any assessment may be paid in full within thirty days from the passage of the ordinance levying the same, and, upon such payment in full, the property shall be relieved from such assessments. All assessments when paid or as paid shall be kept in a separate fund, and shall be used only for the purpose of paying for such improvement, or any obligation incurred in making the same. Such ordinance levying the assessments and setting out the terms of payment upon the same shall be published in one issue of the official gazette of the City of Dawson, and each abutting property owner shall be notified of the levy of such assessment and the terms under which same may be paid. Levy of assessments. Time of payment. Notice of terms of payment. Sec. 12. Be it further enacted by the authority aforesaid that immediately after the expiration of 30 days from the passage of the ordinance levying the assessments as provided in section 11 of this Act, the City Council of Dawson may by proper resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid at the end of 30 days, such bonds to be in such denominations as the City Council may determine, and shall be known as Street Improvement Bonds, and shall bear interest at the rate of 6% per annum, which may be paid semiannually if so provided, but in any event to be paid annually, one-tenth of which bonds shall mature annually each year, together with the interest thereon, and interest coupons shall be attached to said bonds, and the maturity date of such bonds and interest coupons shall be not more than one month after the maturity date of the assessments against which said bonds are issued. The said bonds shall be signed by the Mayor and Clerk, and shall have the corporate seal impressed thereon, and shall

Page 1042

recite that same are issued against paving assessments, which have been assessed and levied by the City of Dawson, and shall further recite that the same are to be paid out of the proceeds collected from such assessments, and said bonds when so issued shall be sold at not less than par, and the proceeds realized from such sale applied to the payment of the amount due for such paving or other improvement, provided that said bonds when issued shall in no event be an obligation binding upon the City of Dawson, except as against the paving assessments when collected by the said city. Said bonds may be sold to the contractor for any amount due on the contract for such work. The City of Dawson shall not be authorized to appropriate any funds, other than those collected from assessments, to the payment of said bonds. Street improvement bonds. Sec. 13. Be it further enacted by the authority aforesaid that whenever any assessment against any abutting property owner and the owner thereof shall mature, or any installment thereof shall mature, and remain unpaid for a period of ten days, that the Clerk of the City Council shall issue an execution against the owner and the abutting property for such matured portion of said assessment together with the interest thereon, which execution shall be signed by the Mayor and attested by the Clerk, which execution shall be placed in the hands of the Chief of Police of the City of Dawson, who shall proceed immediately to levy the same upon said abutting property for sale in the manner now provided by law for the sale of property under other tax fi. fas.; and when said property is sold, deeds shall be executed to the same by said levying officer. Provided that if there is other outstanding installments to become due, that said property shall be sold subject to such unmatured installments and the interest thereon, and provided further that any person against whom an execution has been issued and levied shall file an affidavit of illegality denying that the whole or any part of the amount of such installment is due, or set up any other legal defense which such property owner

Page 1043

may have to said execution, provided that if any amount is admitted to be due, such amount shall be paid before said illegality shall be received. Such illegality shall be filed with the levying officer, and the sale, together with the execution, shall be returned to the court having jurisdiction thereof, that is to the Justice Court should the amount be less than $100.00, and to the Superior Court should the amount be more than $100.00, and the said illegality shall be subject to the same penalties as other illegalities and shall be tried in the same manner as other illegalities. Execution; levy and sale. Affidavit of illegality. Sec. 14. Be it further enacted by the authority aforesaid that all assessments made against abutting property and the owners thereof shall constitute a lien against said property, for the principal and interest that may accrue, and such lien shall be a special lien against said property of equal dignity with that of State and County and municipal taxes, and superior to any other lien on said property whether created before or after the levy of such assessments, and said lien shall attach to any and all abutting property, whether owned by an individual, corporation, firm, church, County, City, or any other organization or legal entity capable of owning property, provided that such special lien shall not be enforced until the maturity of the same or some part thereof, and only for the amount that may be matured. Lien of assessment. Sec. 15. Be it further enacted by the authority aforesaid that the City Council of Dawson shall have full power and authority to provide for the paving of any sidewalk in the corporate limits of the City of Dawson, and charge the entire cost thereof against the abutting property and the owners thereof, and when any sidewalk is paved and the cost thereof is not paid by the owner, the said City Council shall cause to be issued an execution against the owner and the abutting property for the cost of such sidewalk paving, which execution shall be levied and collected as other tax liens. Such execution shall issue in the first

Page 1044

instance for the whole amount due, and shall be due and payable immediately. Sidewalk paving. Sec. 16. Be it further enacted by the authority aforesaid that the said City Council of Dawson shall have full power and authority to pass all resolutions or ordinances which may be necessary or proper to carry out the provisions of this Act. Power as to ordinances, etc. Sec. 17. Be it further ordained by 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, 1927. DECATUR TERRITORIAL LIMITS EXTENDED. No. 306. An Act to amend an Act, approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now city of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur in the County of DeKalb, by the incorporation of additional and contiguous territory therein and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority aforesaid that an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now the City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended so as to change, enlarge and extend the corporate limits of said City of Decatur, by including therein the following additional and contigous territory, described as follow: to wit: All that tract or parcel of land lying and being in land lot six (6) in the eighteenth (18th) district of DeKalb

Page 1045

county, Georgia, and more particularly described as follows: Commencing on the east line of land lot six (6) at a point three hundred ten (310) feet north from the southeast corner of said land lot where the present corporate limits of said city intersects said east line, and running north along the east line of said land lot eight hundred forty-one (841) feet to the center of Hunter Branch; thence northwesterly along the center of said branch two thousand seven hundred ninety-five (2795) feet, more or less, to the north line of said land lot six (6); thence west along said north line, seven hundred fifty-four (754) feet to the west side of Superior Street; thence south along the west side of Superior Street to a point directly west of the southeast corner of Superior Street and Huron Street; thence east to the southeast corner of Superior and Huron Streets; thence east and southeast along the south and west side of Huron Street to a point opposite the south side of Champlain Street; thence easterly across Huron Street to the south side of Champlain Street; thence easterly and southeasterly along the south and southwest side of Champlain Street to the south side of Lucerne Street; thence southeasterly along the southwest side of Lucerne Street to Church Street, or Lawrenceville Road; thence south along the west side of said Church Street or Lawrenceville Road to the old corporate limits of the Town of Decatur, having a radius of one half (1-2) mile from the court-house of the County of DeKalb; thence southeasterly along said corporate limits seventeen hundred (1700) feet, more or less, to the point of beginning. Also all that tract or parcel of land lying and being in land lot five (5) of the eighteenth (18th) district of DeKalb County, Georgia, and more particularly described as follows: Commencing at the northeast corner of land lot five (5) and running thence west along the north line of said land lot one thousand four hundred seventy-eight (1478) feet, more or less, to the present corporate limits of the City of Decatur; thence southeast along said corporate limits one thousand nine hundred thirty (1930) feet, more or less, to the east line of said land lot five (5);

Page 1046

thence north along said east line one thousand two hundred fifty-two (1252) feet, more or less, to the point of beginning. Additional territory. Tract in land lot 6 in 18th district of DeKalb county. Tract in land lot 5 of same district. Also all that tract or parcel of land lying and being in land lots four (4) and five (5) in the eighteenth (18th) district of DeKalb County, Georgia, and in land lots two hundred forty-four (244) and two hundred forty-five (245) in the fifteenth (15th) district of DeKalb County, Georgia, and more particularly described as follows: Commencing in said land lot five (5) on the line of the old corporate limits of the Town of Decatur, having a radius of one half (1-2) mile from the court-house of the county of DeKalb at a point three hundred twenty-eight (328) feet northeast from the line of said land lot five (5) and running thence west, parallel to the south line of said land lots five (5) and four (4) and at a distance three hundred (300) feet north of south line, two thousand eight hundred seven (2807) feet to a point in said land lot four (4); thence south two thousand two hundred eight-five (2285) feet to the center of West Ponce de Leon Avenue, the present corporate limits of said city; thence easterly along the center of said avenue one thousand seven hundred seventy-five (1775) feet; thence north along the present corporate line of said city to the center of Woodlawn Avenue; thence east along the present corporate limits of said city to the old corporate limits of the Town of Decatur to a point on said corporate limits one half (1-2) mile from the court-house of DeKalb county; thence northeast along said corporate line to the point of beginning. Tract in land lots 4 and 5 in same district. Also all that tract or parcel of land lying and being in land lot two hundred fourteen (214) in the fifteenth (15) district of DeKalb County, Georgia, and more particularly described as follows: Commencing in the center of McKoy Street at a point two hundred (200) feet south from Hill Street and running thence east and parallel to Hill Street, at a distance two hundred (200) feet south of Hill Street, to a point two hundred feet (200) feet east of South Candler

Page 1047

Street; thence northwesterly and parallel to South Candler Street, at a distance of two hundred (200) feet therefrom, five hundred six (506) feet to the present corporate limits of the City of Decatur; thence west two hundred twenty-five (225) feet to the center of South Candler Street to a point opposite the center of Hill Street; thence west along the center of Hill Street to the center of McCoy Street; thence south along the center of McKoy Street two hundred twenty-five (225) feet to the point of beginning. Tract in land lot 214 in 15th district. Also all that tract or parcel of land, lying and being in land lots two hundred (214) two hundred fifteen (215), two hundred sixteen (216), two hundred thirty-three (233), and two hundred thirty-four (234) of the fifteenth (15th) district in DeKalb county, Georgia, and more particularly described as follows: Commencing in land lot two hundred thirty-four (234) in the center of Tabernacle Branch, at a point two hundred (200) feet northeast of Oak Street, and running thence southeast, parallel to Oak Street, and two hundred (200) feet therefrom to the north line of the property of Decatur Orphans Home; thence southwest along the line of said Orphans Home property one hundred (100) feet; thence southeast along the southwest side of said Orphans Home property, and one hundred (100) feet therefrom, to a point two hundred (200) feet southeast from a point one hundred fifty (150) feet east of the southwest corner of Oak Street and Kirk Road, in said land lot two hundred sixteen (216); thence westerly across Oak Street parallel to Kirk Road, and two hundred (200) feet therefrom, to the present corporate limits of the City of Decatur, in said land lot two hundred fourteen (214), thence north along said city limits to a point west and opposite the center of Inman Street; thence east to and along the center of Inman Street to the center of Tabernacle Branch; thence northeasterly along the center of said branch to the point of beginning. Tract in land lots 214, 215, 216, 233, 234 of 15th district. Sec. 2. Be it further enacted by the authority aforesaid that said additional territory, the residents thereof

Page 1048

and the property therein, shall become a part of the City of Decatur when this Act goes into effect, and such territory, residents and property shall be subject to all of the laws and ordinances governing said City of Decatur, at all times, to the same extent as the territory, residents and property of said City of Decatur are subject; such additional territory shall become parts of the wards of said city, to which they are contigous, subject, however, to be changed by the commissioners of said city whenever they may consider it to the interest of said city to change the ward lines thereof. Laws extended to new territory. Wards. Sec. 3. Be it further enacted by authority aforesaid that this Act shall become effective on the first (1st) day of January, 1928. Sec. 4. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed, Approves August 19, 1927. DONALSONVILLE STREET IMPROVEMENTS. No. 196. An Act to amend an Act, approved August 19, 1922, amending the charter of the City of Donalsonville, and the several Acts amendatory thereof, so as to authorize and empower the city of Donalsonville its Mayor and Aldermen, to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the City of Donalsonville, 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 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%)

Page 1049

per cent yearly for ten years; to provide for the issuance of bonds by the City of Donalsonville by its Mayor and Aldermen, 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 Donalsonville, Georgia, and the several acts amendatory thereof, are hereby amended as follows: Sec. 2. Be it further enacted that said City of Donalsonville, by its Mayor and Aldermen, 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 Donalsonville, 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. Street improvements. Sec. 3. Be it further enacted by the authority aforesaid that whenever the said City of Donalsonville, by its Mayor and Aldermen, 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 Donalsonville, said City of Donalsonville, by its Mayor and Aldermen, 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 Donalsonville; 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

Page 1050

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 Donalsonville, their protest in writing against such improvement, then said City of Donalsonville, by its Mayor and Aldermen, 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 hereinbefore provided. Provided, however, that if the owners of more than one half of the front feet of the land liable to assessment for any such improvement shall petition the City of Donalsonville 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 Donalsonville by its Mayor and Aldermen, 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 abut one to the other and form one continuous street or 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 petion of proerty owners or other proceedings. Ordinance as to street improvement; publication. Objections. Petition for street improvement. Duty to cause improvement made. 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

Page 1051

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 Donalsonville, by its Mayor and Aldermen, 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 Donalsonville shall be, for all intents and purposes of this Act, and 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 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 Donalsonville accruing from taxes collected during the current year. Assessments. 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 Donalsonville, by its Mayor and Aldermen, 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 Donalsonville, by its Mayor and Aldermen, shall then have the power to enact all ordinances and to establish all such rules and regulations as maybe 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 make a part of the General assessment to cover the cost of such improvements. Provided,

Page 1052

however, the said City of Donalsonville, by its Mayor and Aldermen, may pay for the improvements consisting of construction of water, gas and sewer pipe in and underneath the streets, avenues, lanes, alleys and other public places where such public improvements are to be made, should they see fit so to do, thereby relieving the cost and expense of constructing said water, gas and sewer pipe lines from the general assessment against such property or property owners. Authority as to ordinances, etc. Pipe connections. 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 the proper form and properly executed, the said city of Donalsonville, by its Mayor and Aldermen, shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition as the case may be, and expressing the determination of said city to proceed with the improvement, stating the material to be used and the manner of construction and defining the extent, character and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements, the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Donalsonville 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

Page 1053

work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both, in the discretion of said city. Said resolution shall also direct the agent of City Clerk 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 Donalsonville. 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 Donalsonville. At the time and place specified in such notice the City of Donalsonville, by its Mayor and Aldermen, 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 Donalsonville 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 as to details of improvement. Contract for work. Bond. Advertisement for bids. Award of contract. 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 Donalsonville, by its Mayor and Aldermen, shall, by resolution, appoint a board of appraisers consisting of its agent

Page 1054

or engineer, the clerk of 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, 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 suchs treet, streets, alleys lanes, avenues or other public places 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 Board of Aldermen, or shall designate a regular meeting of its Board of Aldermen for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the clerk of said city at least once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in said city, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said Mayor and the Board of Aldermen, 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 Board of Aldermen. Assessments in conformity to said appraisement and apportionment as confirmed by said Board of Aldermen shall be payable in ten equal installments, and shall bear interest at the rate of 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 Board of Aldermen shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts

Page 1055

of land liable therefor, and shall cause said appraisement and apportionment to be recorded as the mortgage records of Seminole County, duly certified as correct by the clerk of the city; and when so recorded, the charges assessed against the various parcels of land shall become a first lien thereon, superior to all other lines except those to the State of Georgia, the County of Seminole, and the City of Donalsonville. Board of appraisers. Report of appraisers. Hearing of objections. Payment of assessment. Lien of assessment. 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 first day of October next, succeding 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 October in each succeeding year until all shall be paid; provided that if such assessing ordinance shall be passed after the first day of June 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 privilege 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 Donalsonville, 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 their respective interests. Provided, however, that if said city should pay for the construction of the water, gas and sewer pipes as a part of said public improvement as provided for in this Act, in section 5, then in that event said money is paid to the treasurer by the owners of property as hereinabove provided shall be disbursed by the treasurer to the contractor as other funds are disbursed for said public improvements. Payments. Disbursement of money collected.

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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 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. Rank of lien of assessment. Sec. 10. Be it further enacted by authority aforesaid that the said City of Donalsonville, by its Mayor and Aldermen, 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 Donalsonville, by its Mayor and Aldermen, shall determine, which bond or bonds shall in no event become a liability of the City of Donalsonville, or its Mayor and Aldermen, issuing same. One tenth 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

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tracts of land benefited by such improvements under authority of this Act. Said bonds shall be signed by the City of Donalsonville, by the Mayor, and attested by the clerk of said 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 to bearer at such place, either within or without the State of Georgia, as shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses of the said Mayor and Aldermen, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Aldermen shall direct. Said bonds may be registered by the said clerk of said city in a book to be provided for that purpose, and certificates of registration by clerk of said city shall be endorsed upon each of said bonds. Street-improvement bonds. Sale of bonds. Registration of bonds. Sec. 11. Be it further enacted by the authority aforesaid that the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon to the Treasurer of the City of Donalsonville, 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 fund to be used and applied for the payment of such bonds and the interest thereon and for no other purpose. It shall be the duty of said Treasurer, not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish in a daily or weekly newspaper having a general

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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 assessment 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 Donalsonville, 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 said Marshal shall be returned to the Superior Court of Seminole 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

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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. Payment of assessment. Notice of maturity of installment. Execution; levy and 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 Donalsonville, or its Mayor and Aldermen, 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 Donalsonville, by its Mayor and Aldermen, to adopt and publish the preliminary resolution or ordinance provided for in section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient for any reason whatever, the said Mayor and Aldermen 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. Limit of time for suit to set aside or enjoin assessment. New assessment. Sec. 13. Be it further enacted by the authority aforesaid that in all cases where the City of Donalsonville, by its Mayor and Aldermen, 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 provisions of this act, and in such cases all provisions of this Act for making such improvement and levying assessments

Page 1060

therefor and the issuance of bonds shall apply; that in the judgment of said Mayor and Aldermen 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 law for the paving or improving the streets of Donalsonville, but it is intended for this Act to be cumulative as to all such improvements in said city. Repaving, etc. 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. Exclusion of Sundays, etc., from days for notice. 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 Donalsonville as herein set out, or the Mayor and Aldermen of said city pass the resolution or ordinances 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 of 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 Seminole County is authorized to sign in behalf of the County; and where the City of Donalsonville is the owner the Mayor of Donalsonville is authorized to sign in behalf of the city. Assessment where State or county is landowner. 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 Donalsonville, except where the same are in direct conflict with this Act, if being intended that the provisions of this Act shall be cumulative and in addition to the present laws. Law cumulative.

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Sec. 17. Be it further enacted that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 15, 1927. DOUGLAS STREET IMPROVEMENTS; SCHOOL TAX. No. 262. An Act to amend an Act approved December 20th, 1899, creating a new charter for the City of Douglas, and the several acts amendatory thereof, so as to empower the City of Douglas by its Mayor and Council, to establish and change the grade of any street, avenues, alleys lanes, and other public places; to pave, macadamize, drain curb and otherwise improve the same; to provide how such grading, curbing, paving, macadamizing, draining and improving shall be done; to provide the procedure for making and collecting assessments therefor; to provide for the establishment of a lien on abutting property to cover the amount of such assessments; to provide for the payment of such grading, curbing paving, macadamizing, draining and improving by the abutting and adjoining owners, on the basis of not less than ten per cent. of the principal cost annually for a space of not more than ten years; to provide for the issuance of bonds by the City of Douglas to be known as street improvement bonds; to provide for the payment of said street improvement bonds; to provide for renewal and replacement of any such grading, curbing, paving, macadamizing, draining and improving of the streets avenues, alleys, lanes and other public places; to authorize and empower The City of Douglas by its Mayor and Council to lay and install needful and necessary sanitary sewerage, and to equip the same with necessary manholes and connections; to provide for the payment thereof entirely by abutting and adjoining owners on a basis of not less

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than twenty per cent of. the cost annually, for a period not to exceed five years; to provide for the issuance of bonds by The City of Douglas to be known as sanitary improvement bonds to provide for payment of said sanitary improvement bonds; to provide for renewal and replacement of any sanitary sewer heretofore or hereafter installed; to provide where election in said City shall be held. Also, to amend an act approved December 21st, 1899, entitled; An Act to provide for a system of public schools for the Town of Douglas, Coftee County, Georgia; to provide by special tax for the maintenance and support of the same; to provide suitable buildings therefor; to establish a Board of Education; to conduct the same,and for other purposes, so as to provide for the levy and collection of an advalorem tax, exclusively for school purposes, on all property situated within The City of Douglas, not to exceed fifteen mills 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 heretofore passed by the General Assembly of Georgia, creating a charter for the City of Douglas, and the several acts amendatory thereof, as well as the act to provide for a system of public schools for the City of Douglas, and the several acts amendatory thereof are hereby amended as follows: Section 1. Whenever the Mayor and Council shall deem it necessary to curb, grade, pave, macadamize, drain or otherwise improve any street, avenue, public way, lane or any part thereof, within the limits of the City of Douglas, said Mayor and Council shall, by resolution or ordinance, declare such work or improvement necessary to be done, and said resolution or ordinance, declare such work or improvement necessary to be done, and said resolution or ordinance shall be published once a week for two consecutive weeks in official gazette of said city or in some paper published in or having a general

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circulation in said City of Douglas, 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 public way, shall not, within fifteen days after the last publication of such resolution or ordinance, file with the Clerk of the Council of the City of Douglas their protest in writing against such improvement, then said City of Douglas, by its Mayor and Council, shall have the power to cause such improvement to be made, and to contract therefor, and to levy assessments for the payment thereof as herein provided. Ordinance as to street improvement; publication. Objection by landowners. Sec. 2. Any number of streets, avenues, alleys, lanes, ways or other public places or parts thereof to be so improved as provided in section 1 hereof may be included in one resolution or ordinance, but any protest or objection shall be made to each street, avenue, alley, lane, way or public place separately, except when treated as one project as hereinafter provided. Ordinance may include different streets; objections must be to each separately. Sec. 3. If the owner of more than one half of the front footage of the land liable to assessment for any such improvement as is contemplated by this act shall petition the City of Douglas for such improvement of any street, lane, alley, avenue or public way, or any part thereof, describing in such petition the character of the improvement desired and the specification thereof preferred by such petitioners, it shall thereupon be the duty of the City of Douglas, by its Mayor and Council, to promptly cause an improvement to be made in accordance with the prayer of said petition, provided as much as ten blocks of any street, avenue, alley, lane or public way, or of any streets, lanes, avenues, alleys or public ways or parts thereof, shall be included in such petition. Petition for street improvement. Duty to cause improvement made. Sec. 4. The lots, pieces or parcels of land fronting and abutting upon both sides of said improvement shall be charged with the cost thereof, according to the just prorata of the entire cost of such improvement,

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and each property owner shall pay his prorata portion of the entire cost of the particular street, avenue, alley, lane or public way, the improvement of which it forms a part, and according to the linear frontage of the property owned by each, provided that the frontage of intersecting street, avenues, alleys, lanes and public ways shall be assessed as real estate abutting upon the street, avenue, alley, lane or public way paved or otherwise improved, and in which case the City of Douglas shall be, for all intents and purposes, an owner or legal representative of the real estate abutting on any street, lane, alley, avenue or public way, and shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, avenue, alley or any public way, and shall pay from the City Treasury a just pro rata of the entire cost of such work or improvement for said frontage, such payment to be made out of the general funds from the City of Douglas, accruing from taxes collected during the current year. Apportionment of cost. Sec. 5. Whenever the petition provided for herein is presented, or when the Mayor and Council shall have determined to pave or improve any street, avenue, alley, lane or public way, and shall have passed the resolution provided for herein, the said Mayor and Council shall have the power and authority to enact all ordinances and to establish all rules and regulations as may be needful or necessary to require the owner of all property subject to assessment to pay the cost of such improvement and cause to be put in or constructed all water, gas or sewer connections to connect with any existing gas, water or sewer system in and underneath the streets, avenues, lanes, alleys and other public ways where such improvements are to be made, and all cost and expenses for making such connections shall be taxed against such property, and shall be included in and made a part of the general assessment to cover the cost of such improvement. Ordinances as to assessment. Sec. 6. After the expiration of the time for objection or to protest on the part of the property owners shall have

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expired, 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 footage 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 that such petition has been filed, as the case may be, and expressing the intention of said Mayor and Council to proceed with the improvement, stating the nature of such improvement, the material to be used, the manner of its installation and construction, defining the extent, character and width of the improvement, and such other 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 the Mayor and Council shall deem proper to impose, with reference to the letting of the contract and the provisions thereof. The said Mayor and Council shall, by said resolution, provide that the contractor shall execute to the City of Douglas 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 negligence or improper execution of the work. For the protection of the City of Douglas, and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, the Mayor and Council may require by said resolution that the contractor furnish bond in an amount to be stated, for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion. 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 improvement. The notice for such proposal shall state the

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street, streets, avenue, avenues, lane, lanes, alley, alleys, public way or public ways, or other public places or parts thereof to be improved, the kind of improvement proposed, what, if any, bond or bonds will be required to be executed by the contractor pursuant to the provisions hereof, 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 the City of Douglas. Said notice shall be published once a week for two consecutive weeks in the official gazette of the City of Douglas, or in some newspaper having a general circulation in said city. At the time and place specified in such notice the Mayor and Council of the City of Douglas 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 proposed by said City of Douglas 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 city with plans and specifications. The City of Douglas, acting through its Mayor and Council, shall have the right to reject any and all bids for any reason that to it or them may seem proper, and to advertise for other sealed proposals for furnishing the materials and performing the [work?] necessary in making improvements. Resolution as to material, work, etc. Terms of contract. Bond of contractor Advertisement for bids. Award of contract. Sec. 7. As soon as said contract is let, and the cost of such improvement is ascertained, the city engineer shall apportion the cost and expense of the same to the several tracts of land abutting on said improvement as herein provided, and, within twenty days from the date of the letting of said contract or the ascertainment of the cost of said improvement, shall life a written report of the assessment and the apportionment of such expense and the cost to the several lots, tracts, and parcels of land abutting on said street, avenue, lane, alley, public way or other public place so improved, with the Clerk of Council in the manner and on the basis herein provided. When said

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report shall have been returned and filed, the Mayor or other presiding officer 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 objection that may be made concerning the apportionment and assessment as to any of such lots, tracts or parcels of land abutting on said improvement, notice of which shall be published in the official gazette of the City of Douglas, or in some newspaper having a general circulation in said city, at least once a week for two consecutive weeks, which said notice shall provide for an inspection for such returns, assessment and apportionment by any owner or other party interested in such return. The time fixed for said hearing shall not be less than five days nor more than ten days from the last publication of said notice. The Mayor and Council, at said session held in pursuance of said notice, shall hear objections to any assessment or apportionment, and shall have power to review and correct any such, and to confirm the same, either as made by said city engineer or as corrected by the Mayor and Council. Apportionment of cost. Notice of hearing of objections. Sec. 8. The assessments in confirmity with apportionment as confirmed by the Mayor and Council shall be payable in ten equal installments and shall bear interest at a rate not to exceed seven per cent. until paid, payable each year at such time as the several installments of the assessments are made payable each year. Payment of assessments. Sec. 9. The first installment of said assessment, together with the interest to that date upon the whole shall be due and payable on a date subsequent to the assessment to be fixed by the Mayor and Council, and one installment shall be payable on the same date of successding year, until all shall be paid. The owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the passage of the ordinance levying said assessment. The owners of the property so assessed shall be allowed to make payment of their assessments without interest within said

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thirty-days period to the Treasurer of the City of Douglas, and relieve their property from the lien of said assessment, but should said payment not be made within said period, then said assessment shall bear interest from the date thereof. In the event of a payment of the assessment within thirty-days as herein provided, the money so paid shall be distributed pro rata between the contractor and the City in proportion to the respective interest of each. Installments. Option as to payment. Sec. 10. The Mayor and Council shall by ordinance levy assessments in accordance with the said apportionment so confirmed against the several tracts of land liable therefor, and shall cause such levy of assessment and apportionment to be recorded on the mortgage record of Coffee County, Georgia, when duly certified as correct by the Clerk of the Council of said City, and when so recorded, the charges against the several parcels of land shall become a first lien thereon, superior to all other liens except those to the State of Georgia, County of Coffee, and the City of Douglas. Record and lien of assessment. Sec. 11. 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. Date and rank of lien. Sec. 12. That the said Mayor and Council, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments and of such denominations

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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 Douglas 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 date fixed by the Mayor and Council as provided in section 9 hereof, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid be payable on the same date of 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, 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 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 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 disposeed of as the said Mayor and Council shall direct. Said bonds may 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 in such cases. Street improvement bonds. Sale of bonds. Registration of bonds.

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Sec. 13. 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 Clerk of the City of Douglas, 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. Payment of assessment. Sec. 14. It shall be the duty of said Clerk of the city, 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 newspaper published in the City of Douglas, 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, proceedings 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 fifteenth day after 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 and 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 Douglas, 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

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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 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 it is claimed the amount is not due, and, when received by the City Marshal or Chief of police, shall be returned to the Superior Court of Coffee County, Georgia, or to the City Court of Douglas, and there 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 no wise affect the validity of the assessment and interest and the execution issued therefor. Notice of maturity of installment. Execution; levy and sale. Affidavit of illegality. Sec. 15. 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 one 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 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

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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. Limit of time for suit to set aside or enjoin assessment, etc. New assessment. Sec. 16. No execution levied under the provisions of the section next preceding or the enabling ordinance of the City of Douglas in pursuance hereof, when levied upon all of the property covered by the assessment upon which it is issued, shall be considered or treated as an excessive levy. Excessive levy. Sec. 17. 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 pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvement, and levying assessments therefor, and the issuance of bonds, shall apply; provided that in the judgment of said Mayor and Council of said City the pavement is worn out and no longer serviceable. Repaving, etc. Sec. 18. 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. Exclusion of Sunday, etc., from days for notice. Sec. 19. 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 section 1 hereof, 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

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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 Coffee County is authorized to sign in behalf of the county; and where the City of Douglas is the owner, the Mayor of Douglas is authorized to sign in behalf of the city. Assessment where State or county is landowner. Sec. 20. 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 pipes, etc. Sec. 21. The terms public ways and public places as used in this Act shall include sidewalks, approaches and passages within the City of Douglas, and the provisions hereof shall apply to the grading, curbing, and otherwise improving of such sidewalks, approaches and passages. Sidewalks, etc., included in terms public ways, public places. Sec. 22. The Mayor and Council shall have power and authority to lay down and construct and repair sewers and sewerage system in the City of Douglas, installed or to be installed for the disposition of sewerage or drainage, 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. In case any sewer is laid down or constructed through or over any private property along the course of any natural

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drain or otherwise, a like assessment as above named may be made upon such abutting property on each side of said sewer. Sewers, etc.; assessment. Sec. 23. The extent and character, material used, and expenses incurred, as well as the manner of constructing the same, shall be in the discretion of the Mayor and Council and as prescribed from time to time by ordinance duly enacted for the purpose. Discretion of Mayor and Council as to material, etc. Sec. 24. The assessment provided for in section 22 hereof shall have a like lien on the property against which the same is 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, shall bear the same rate of interest, be payable when, where and as said street and sidewalk assessments, may be funded by an issue of bonds issued against said assessments, the same to be denominated sanitary-improvement bonds, and to be issued in the same manner as said street improvement bonds, have the same rank and dignity and impose the same obligation upon the City of Douglas, but no other, except that the same shall be payable in five equal installments. Lien of assessment for sewer. Sec. 25. In case any sewer or parts of the same shall be located upon or through private property, or such location shall be for the public interest, and the owners of said property refuse to grant right of way for that purpose, and such owner or owners and the authorities of said city cannot agree upon damage 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. Upon payment or tender of the amount of the award, the work may proceed notwithstanding the entering of any appeal. Condemnation of right of way for sewer. Sec. 26. The Mayor and Council of the City of Douglas, when in their judgment it may be deemed necessary for the preservation of the health of the inhabitants of said

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city, shall have full power and authority to extend the system of sewerage and drainage beyond the limits of said city, and the provisions of this Act as to 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. Extension of sewer beyond city limits. Sec. 27. All engineering fees and incidental charges needful or necessary to be incurred in connection with the grading, curbing, paving, macadamizing, draining or otherwise improving any of the streets, lanes, avenues, alleys and other public ways in said city and drainage and sewerage herein provided for, shall be added to and included in the cost of such paving, improving and sewerage, and shall be prorated and assessed with the cost of such improvement as a part thereof. Expenses included in assessment. Sec. 28. In no event shall the rate of interest to be charged on any assessment under the terms hereof exceed one per cent. over and above the rate of interest stipulated in the bonds herein provided for. Interest on assessment. Sec. 29. The Mayor and Council of the City of Douglas shall be and they are authorized and empowered to assess, levy and collect annually a tax in addition to that provided for other specific purposes, and in lieu of the tax at present authorized for school purposes, not to exceed fifteen mills per annum, on all taxable property in said City, which shall be used solely and exclusively for the purpose of establishing and maintaining a system of pyblic schools and providing furniture, apparatus, grounds and buildings for such schools. The tax so assessed and levied shall be collected by the first of January of each year, after the same is assessed and levied, in like manner as taxes are collected, and shall be paid over to the Board of Education of said City, to be used for the purposes aforesaid and no other. School tax. Sec. 30. Be it further enacted by the authority aforesaid that this Act shall not repeal the present street-improvement

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laws of the City of Douglas, except where the same are in direct conflict with this Act, it being intended that the provisions of this Act shall be cumulative and in addition to such present laws. Act cumulative of other Acts. Sec. 31. 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, 1927. DUBLIN CHARTER AMENDMENTS. No. 9. An Act to amend an Act approved August 16, 1910, creating a new charter for the City of Dublin and Acts amendatory thereof, by repealing section ten of an amending Act approved August 19, 1919, so as to abolish the Light and Water Commission of the City of Dublin, and to delegate the authority exercised by said commission to the Mayor and Board of Aldermen of said City; to amend section four of an amending Act approved August 7th, 1925, so as to provide a sinking fund for the retirement of outstanding bonds of the City of Dublin, and for the payment of interest thereon; to provide for the paying off of the outstanding indebtedness of said city; to enlarge the powers of said Bond Commission, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same that section ten of the amendatory Act approved August 19th, 1919, amending an Act approved August 16, 1910, be and the same is hereby repealed. Repeal of section 10 of Act of 1919. Sec. 2. Be it further enacted by the authority aforesaid that the duties and authority heretofore exercised by the Light and Water Commission of the City of Dublin are delegated to the Mayor and Board of Aldermen of said city. Mayor and Alderman substituted for Light and Water Commission.

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Sec. 3. The provisions of section one and section two of this Act shall become effective January 1st, 1928. Preceding sections effective when. Sec. 4. Be it further enacted by the authority aforesaid that section three of the amendatory Act approved August 7th, 1925, amending an Act approved August 16, 1910, be and the same is hereby amended by adding to said section the following words: Provided, however, that said Bond Commission, out of any and all funds collected by it as interest on any of its investments, shall use such proceeds in paying a like amount of interest on outstanding City of Dublin Bonds, so that said section when amended shall read as follows: Payments by Bond Commission. Said Bond Commission shall take charge of and receive all money arising from the sale of any city property of the City of Dublin as are now covered by a bond or bond issues, and any other fund arising from budget tax levy, carrying a levy for the purpose of retiring any bond 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; provided, however, that said Bond Commission, out of any and all funds collected by it as interest on any of its investments, shall use such proceeds in paying a like amount of interest on outstanding City of Dublin Bonds. Sec. 5. Be it further enacted by authority aforesaid that an Act of the General Assembly approved August 7th, 1925, amending an act approved August 16th, 1910, be and is hereby amended by adding thereto the following section: That all money and securities now in the hands of said Bond Commission or which shall hereafter come into the hands of said Bond Commission shall be and become a sinking fund, to be used for the purpose of retiring outstanding bonds of the City of Dublin, with full authority to said Bond Commission to use said money or investments in the purchase of outstanding City of Dublin Bonds before maturity thereof, provided such outstanding City

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of Dublin Bonds can be purchased by said Bond Commission at reasonable and satisfactory prices. The sinking fund hereby created, being in excess of sinking fund requirements of said city, shall be in lieu of and substituted for any and all other sinking funds accumulated by the City of Dublin prior to the sale of its Light and Power Plant, and such accumulations by the City of Dublin since the sale of its Light and Power Plant by the levy and collection of tax for the purpose of establishing a sinking fund, and such sinking funds now held by the City of Dublin which have not been turned over to said Bond Commission, are hereby diverted to the general funds of said city, and shall be used for the purpose of paying off the present outstanding floating indebtedness of said City. Sinking fund, use of. Sec. 6. 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 July 13, 1927. EAST LAKE CHARTER REPEALED. No. 76. An Act to repeal an Act to incorporate the Town of East Lake, DeKalb County, Georgia, and to create and establish a new charter and municipal government of said Town; to define the rights, powers and duties of same; to re-establish and extend its corporate limits; to authorize the issuance of bonds for waterworks and sewers; to repeal all conflicting laws and supersede all prior Acts and orders of incorporation, or amendment, and for other purposes, approved August 16, 1910, and all Acts amendatory thereof; provided, however, that this Act is not to be effective until an Act to extend the territorial limits of the City of Atlanta at this session of the legislature be passed and approved, which Act embraces the territorial limits of the Town of East Lake.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That an Act to repeal an Act to incorporate the Town of East Lake, DeKalb County, Georgia, and to create and establish a new charter and municipal government of said Town; to define the rights, powers and duties of same; to re-establish and extend its corporate limits; to authorize the issuance of bonds for waterworks and sewers; to repeal all conflicting laws and to supersede all prior Acts and orders of incorporation or amendment, and for other purposes, approved August 16, 1910, and all Acts amendatory thereof, be and the same are hereby repealed; provided, however, that this repeal shall not take effect until an Act to extend the territorial limits of the City of Atlanta so as to embrace the territorial limits of the Town of East Lake is passed and approved at this session of the General Assembly; then if said Act is passed and approved this Act shall take effect and become of full force and effect on January 1, 1928. Repeal of charter of Town of East Lake, effective when. See page 793, ante. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. EAST POINT CHARTER AMENDMENTS. No. 270. An Act to amend an Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, and the several Acts amendatory thereof, so as to provide the manner and time for all elections in said city; to provide for the compensation of the assessors of said city; to provide for a fiscal year in said city and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same

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that section 4 of said Act and the Acts amendatory thereof be and the same is hereby amended by striking all that portion of section 4, beginning with the word Tuesday in line three of said section on page 866 of the Acts of 1912, and extending through the remainder of said section, so that said section when amended shall read as follows: Act of 1912 amended. Section 4. The Mayor and six Aldermen of the City of East Point shall collectively be known as `City Council of East Point.' On the second Tuesday in December, 1927, in the City of East Point there shall be held an election for three Aldermen. Said election shall be held in the City [Illegible Text] in East Point, Georgia, or in the Council Chamber of said city, or at such other places as the City Council may designate. The officers aforesaid, and their successors in office, shall serve for a term of two years or until their successors are elected and qualified. Annually thereafter, on the second Tuesday in December, and as heretofore provided, an election shall be held to fill vacancies occuring in the City Council of East Point by virtue of the expiration of the term of office of the Mayor and Aldermen, either or both. Provided, however, that the term of office of the present incumbents whose terms expire on the first Tuesday in February 1928 and 1929 respectively shall expire on the first Tuesday in January 1928 and 1929 respectively, when the newly elected officers shall qualify as their successors in office. The Mayor and three Aldermen shall constitute a quorum. In the event of a vacancy occuring in the office of Mayor or of any member of the Council from any cause, then in that event the City Council of East Point shall have power and authority to order, and shall order an election to fill such vacancy, and said election shall be held within thirty days after the date of the order aforesaid, during which time the order shall be published in the official gazette of the City of East Point, or in such other manner as the City Council may designate, for at least fifteen days prior to said election. Said election shall be held at the usual place of holding elections for Mayor and Aldermen in the City of East

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Point, and in all other respects regulated, managed and controlled in the manner hereinafter provided for the elections of such officers. The term of office of the Mayor and each Alderman shall begin the first Tuesday in January following his or their election, except in the event of the election of any or more of said officers to fill a vacancy, in which event the officer elected to fill a vacancy shall qualify immediately upon the declaration of the result of his election, and shall fill the unexpired term of the officer whose term he fills. Returns of all elections shall be made by the managers thereof to the City Council, who shall receive same and declare the results thereof. Section as amended. Elections. Sec. 2. Be it further enacted by the authority aforesaid that section 11 of said Act be, and the same is hereby amended as follows: By striking all that portion of said section beginning with the word first in line two, of said section, on page 870 of the Acts of 1912, and ending with the word February in line three, and the following inserted in lieu thereof: first Tuesday in January, so that said section when amended shall read as follows: Amendment of section 11 of Act of 1912. Sec. 11. Be it further enacted that the persons elected as Mayor and Aldermen shall attend on the first Tuesday in January after their election at the City Hall for the purpose of qualifying and taking the oath of office. The Mayor and every Alderman so elected shall take and subscribe before some officer authorized by the law to administer oaths, the following oath: I, (A. B.) do solemnly swear that I will, well and truly perform the duties of Mayor (or Alderman as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of East Point and the common interest thereof. So help me God. They shall then immediately enter upon the duties of their respective office. Time of taking oath of office, etc. Sec. 3. Be it further enacted by the authority aforesaid that section 28 of said Act be and the same is hereby amended as follows: By striking all that portion of said

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section beginning with the word first, in line two, on page 880 of the Acts of 1912, and ending with the word January, in line four, and the following inserted in lieu thereof; first Tuesday in January of each year after the regular municipal election in December; so that said section when amended shall read as follows: Section 28 of Act of 1912 amended. Sec. 28. Be it further enacted that at the first regular meeting of the City Council, which shall be held on the first Tuesday in January of each year after the regular municipal election in December for the purposes of reorganization, the Council shall elect one of their number Mayor pro tempore for the term of one year, who shall, in the absence or disqualification of the Mayor, or during a vacancy in said office, preform and discharge all the duties and exercise all the authority of the office of Mayor, upon taking the usual oath The City Council shall also at said meeting, elect a City Clerk, a Treasurer, a Marshal, who may be Chief of Police, and as many policemen as in their judgment shall be necessary; a City Attorney, if they deem one needed, and such other town officers as the Mayor and Council shall deem necessary in the government of said town, to be fixed by ordinance. Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance; provided that all official bonds shall be payable to the City of East Point. Said Mayor and Council shall have power and authority, in their discretion, to suspend or remove such officers from office, or impose fines on said officers; provided that before removal or fine said officer shall be entitled to a hearing before Mayor and Council, on the charges preferred, under such rules as the Mayor and Council may fix. It shall be the duty of the Mayor and Council, prior to their election, to fix the salaries, fees or compensation of all the officers, agents or employees of said town, which, when once fixed, shall not be changed during the term of office of said officer, agent or employee. All of said officers, agents and employees shall be elected or appointed for terms of one year, and until their successors are elected,

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appointed or qualified; provided, however, that the term for which said officers, agents and employees were elected shall expire on the first Tuesday in January, 1928. Section as amended. Time of first meeting of council after election. Sec. 4. Be it further enacted by the authority aforesaid that section 35 of said Act be and the same is hereby amended by striking all that portion of Section 35 beginning with the word first, in line six of said section, on page 883 of the Acts of 1912, and extending through the remainder of said section, so that said section when amended shall read as follows: Section 35 of Act of 1912 amended. Sec. 35. Be it further enacted that the recorder shall be elected by the qualified voters of East Point in the same manner that the Mayor is elected. The first election shall be held at the next regular election for electing the Mayor and Council after this Act becomes operative, and his term of office shall begin on the first Tuesday in January thereafter, and shall continue for two years; and bienially after said election a Recorder shall be elected for a term of two years. The Recorder shall be at least twenty-five years of age, and who shall have resided for two years next preceding his election in the City of East Point, who shall be qualified voter therein, and shall not hold any other office in said city; and before entering upon the duties of his office, he shall take an oath before some officer authorized to administer oaths, that he will truly, faithfully and honestly discharge the duties of his office to the best of skill and ability, without fear, favor or affection, reward or the hope thereof, and do even justice between the city and the accused. This oath shall be entered on the minutes of the City Council. The Recorder may be removed from office by the City Council, after trial and conviction had before the same upon written charges of neglect of duty, malpractice in office or other conduct unbecoming his station. The vote of a majority of the City Council shall be necessary for such conviction and removal. The recorder when elected shall be clothed with all the rights, powers and privileges of the Mayor as to said Recorder's Court, and shall preside over said court. The term of

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office of said Recorder shall begin on the first Tuesday in January 1927, and shall continue for two years, or until his successor is elected and qualified; and bienially on the first Tuesday in January a Recorder shall be elected by the City Council in the same manner that his Clerk and Treasurer are elected. The Recorder of said City of East Point shall be paid an annual salary not to exceed $400.00, to be fixed by the City Council, which shall be received by him in compensation for all services required of him by the City Council of said city. There shall be assessed by him in each case tried by him in which a fine is imposed a cost of seventy-five cents, said cost to be paid into the treasury of said city. The Mayor or any member of the Council may preside in the Recorder's Court until the duly elected Recorder at the election on the second Tuesday in December 1927, shall assume the duties of the office as hereinbefore provided: provided, however, that the term of office of the present incumbent shall expire on the first Tuesday in January 1928, when the newly elected officer shall qualify as his successor in office. Section as amended. Recorder. Sec. 5. Be it further enacted by the authority aforesaid that section 53 of said Act be and the same is hereby amended by striking all of that portion of section 53 beginning with the word first, in line six of said section, on page 896 of the Acts of 1912, and extending through the remainder of said section, so that said section when amended shall read as follows: Section 53 of Act of 1912 amended. Sec. 53. Be it further enacted that within thirty (30) days after this Act shall become operative, the Mayor and Council of the City of East Point shall elect from the citizens of said city four (4) persons, who shall constitute a Board of Education for said city, and all elections thereafter shall be held on the first Tuesday in January of each year, and the same shall be elected by the Mayor and Council of said city. The term of office of the members of said Board of Education so elected at said election shall be as follows: Two of the members of said first board shall hold office until the first Tuesday in January after their

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election, and two shall hold office until the first Tuesday in the second January after their election, and thereafter the term of office of each member of said board shall be two (2) years, unless elected to fill an unexpired term, or until his successor is elected and qualified; All vacancies in said board, from death, resignation, removal from the city, or otherwise, shall be filled by said Mayor and Council at their first regular meeting thereafter, or at some subsequent meeting; provided no person shall be eligible to said board who is not twenty-one (21) years of age, or who has not resided in said city for six (6) months next preceding his election. The Mayor of East Point shall be ex-officio member of said board. He shall have all the privileges and authority as other members of the board, except he shall not be eligible to the office of president, vice-president, or secretary and treasurer of such board; provided, however, that the term of office of the present incumbents whose terms expire on the first Tuesday in February 1928 and 1929 respectively shall expire on the first Tuesday in February 1928 and 1929 respectively when the newly elected officers shall qualify as their successor in office. Section as amended. Board of Education. Sec. 6. Be it further enacted by the authority aforesaid that section 73 of said Act be and the same is hereby amended as follows: By striking all that portion of said section beginning with the word four, in line twelve, on page 909 of the Acts of 1912, and ending with the word day, in line thirteen, and the following inserted in lieu thereof: ten dollars per day, so that said section when amended shall read as follows: Section 73 of Act of 1912 amended as to pay of assessors. Sec. 73. Be it further enacted that the value for taxation of all real and personal property in said city subject to taxation shall be determined by a Board of Tax Assessors or to consist of three disinterested freeholders of said city to be elected annually by the City Council, who shall take an oath to assess all property in said city at a fair market value to the best of their skill and knowledge. In case any property holder or taxpayer shall be dissatisfied

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with any assessment so made by said assessors, he may appeal to the City Council, who shall be paid out of the city treasury such compensation for their services as may be fixed by the city council, the same not to exceed the sum of ten dollars per day to each for every day actually engaged in said work. Section as amended. Sec. 7. Be it further enacted that the City Council of said City of East Point shall have the power and authority to make and establish a fiscal year for said city. Fiscal year. Sec. 8. Be it further enacted by the authority aforesaid that before the provisions of this Act shall become operative the same shall be submitted to the qualified voters of the City of East Point at an election to be called by the City Council for such purpose, and upon such notice as may be deemed proper and necessary, and if a majority of those voting at said election approve of this amendment, then each and all of the provisions of this Act shall become effective, but if a majority of those voting at said election should fail to approve of this Act, then the same shall remain inoperative. At said election those voting in favor of this Act shall have written or printed on their ballots the words For amendment to charter, and those voting against this Act shall have written or printed on their ballots the words Against amendment to charter. Said election shall be held in the same manner that elections for Mayor and Councilmen are held, and the managers of said elections shall make their returns to the City Council, who shall receive same and declare the results thereof, which shall be entered on the minutes of the City Council, The said City Council is hereby authorized to fix the date of said election and to give such notice of the time and place of such election as in the discretion of said Council may be proper. Referendum as to adoption of Act. Sec. 9. Be it further enacted that all laws or parts thereof in conflict with this Act be and the same are hereby repealed. Approved August 18, 1927.

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EAST POINT FIRE DEPARTMENT; REFERENDUM. No. 201. An Act to amend an Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, and the several Acts amendatory thereof, so as to provide that the Fire Department and the officers thereof shall work and serve under the civil service rules or plans; to authorize and empower the City Council of said City of East Point to prescribe such rules and regulations for the governing of said Fire Department and the officers and members thereof as in their judgment may be necessary and advisable; to provide that the members or officers of said Fire Department shall hold office, when elected by the City Council and qualified, until removed for cause; to provide for the submission of this Act to the qualified voters of the City of East Point in an election, as required by law, for the purpose of ratifying or rejecting same, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that the Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, and the several acts amendatory thereof, be and the same are hereby amended by striking all of section 20 of said original Act as appears on page 874 of the General Assembly of Georgia for the year 1912, and inserting in lieu thereof the following: Substitute for section 20 of charter. Section 1. That the Fire Department of the City of East Point shall consist of the Chief of the Fire Department and such other officers and men as the City Council may by ordinance prescribe. Said Chief of Fire Department, officers and men shall be elected on the first Tuesday in January 1928, or prior to that date, if said chief, officers and men shall resign their present term, or if for any cause there should be a vacancy and when so elected

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shall serve without any fixed term of employment. Said Chief of Fire Department and officers so elected shall serve during good behavior and efficient service, both to be judged by the City Council. Said City Council shall be authorized at any time to discharge the Chief of the Fire Department, officers or men or other members of this department, without any liability attached to the city on account of said discharge. Said City Council shall furthermore establish rules and regulations for said Fire Department under civil service plan, and all officers shall serve under civil service rules and regulations during good behavior and efficient service, to be finally and exclusively judged by said City Council, but no employee shall be discharged from office except for just cause and without a right to fair hearing before, and trial granted by, said City Council, and after reasonable notice in writing to the employee. The compensation of all employees of said Fire Department shall be prescribed by ordinance and shall not be increased or diminished during any fiscal year. For a failure to perform any duty required by an ordinance of said City Council or the rules and regulations as prescribed by the City Council, the officers and members of said department shall be subject to suspension, either indefinitely or definitely, or removed from office by the decision of the City Council, whose decision shall be final; and when said officers or members are dismissed, no liability shall be attached to said city for any further compensation. Fire department. Elections of officers and men. Discharge. Civil service plan. Compensation. Suspension. Sec. 2. All future vacancies in the Fire Department, except in the office of the Chief, shall be filled from the list of those who have filed their application for such positions with the City Council and who shall be qualified for such business by passing a reasonable and practicable examination prescribed by City Council, which shall demonstrate their fitness for the particular employment. The City Council shall appoint members of the Fire Department from the list of eligibles selected from among the applicants, after advising with the Chief of the Department. Vacancies.

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Sec. 3. Ordinances in aid and extension of these civil service provisions, not in conflict therewith, may lawfully be adopted. Authority as to ordinances. Sec. 4. This Act shall be submitted to the registered voters of the City of East Point upon special election to be called by the Mayor and Councilmen of said city, which election shall be held in a way and manner that shall be governed by the law of the city elections, on the Tuesday after the second Monday in December 1927. If a majority of the votes cast disapprove this Act, it shall not become effective. If the majority approve said Act, then it shall be operative. At said election those voting in favor of this Act shall have written or printed on their ballots the words, For amendment placing Fire Department under civil service plan, and those opposing shall have written or printed on their ballots the words Against placing the Fire Department on Civil Service Plan. Said election shall be held in the same manner that elections for Mayor and Councilmen are held, and the managers of said election shall make their returns to the City Council, who shall receive same and declare the results thereof, which shall be entered on the minutes of the City Council. Referendum as to adoption of Act. Sec. 5. Be it further enacted that all laws or parts thereof in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. EAST THOMASTON TERRITORIAL LIMITS. No. 129. An Act to amend the Acts approved August 16, 1909, and August 9, 1920, incorporating the Village of East Thomaston by extending the corporate limits of said village on the north and west sides of same and defining said limits, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act that sections 1 of Acts incorporating the Village of East Thomaston, in Upson County, Georgia, approved August 16, 1909, and August 9, 1920, be amended by striking out those parts of said sections defining the corporate limits of said village, and inserting in lieu thereof the following boundary lines as the corporate limits of said Village of East Thomaston: Beginning where the south boundary line of the property of the Thomaston Cotton Mills intersects the city limits of Thomaston, Georgia, said point of intersection being 3960 feet North 86 Degrees 50 minutes East of the center of the three-quarter mile radium circle bounding the said limits of the City of Thomaston, Georgia; thence east 3250 feet to a point; thence north 2355 feet to a point; thence north 31 degrees 37 minutes west 4267 feet to a point; thence east 125 feet to a point; thence north no degrees and 18 minutes east 2053 feet to a concrete marker; thence west 3348 feet to a point on the east side of the Payne's Mill Road; thence north 5 degrees 16 minutes west along the east side of said road 1650 feet to a point on the east side of said road, which point is just opposite a point on the west side of said road designated by a concrete post; thence west across said Payne's Mill Road 2375 feet to a concrete marker; thence north no degrees and 53 minutes west 2038 feet to the south side of Potato Creek, and thence continuing north to a point on the north side of Potato Creek, which point is the highwater mark of said creek; thence follow the high-water mark down said creek on the north side of same to the west side of Highway No. 3; thence follow said Highway on the west side of same across the creek to a concrete marker located on the west side of said Highway at a point 705 feet from the south bank of said creek; thence due south 6128 feet to the corporate limits of the City of Thomaston; thence follow the corporate limits of the city of Thomaston around to the starting point. Corporate limits.

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Sec. 2. Be it further enacted by the authority aforesaid that so much of the above recited Acts approved August 16, 1909, and August 9, 1920, incorporating said Village of East Thomaston, not in conflict with this Act, is not intended to be repealed by this Act, but same shall remain in force, but so far as said Acts are in conflict with this Act the same are hereby repealed. Acts not repealed. Approved August 6, 1927. EASTMAN CHARTER AMENDMENTS. No. 229. An Act to amend an Act to amend an Act to create a new charter for the City of Eastman, the Act hereby amended having been approved by the General Assembly of Georgia on August 15, 1922; to provide for notice of intention to pave streets, sidewalks, etc., and to provide for a statement of the cost thereof being furnished property owners, and to provide for the property owner paying the cost thereof in cash, rather than by deferred payments, if he so elects; to provide for assessments being a lien against the property so assessed until all the assessments, with interest thereon, are fully paid; to provide that the purchaser at Chief of Police's sale obtains deed or conveyance, and buys at said sale subject to the lien of any unpaid installment assessment with interest, and to provide that record of lien of any such unpaid installments in the Clerk's office of Dodge County, Georgia, shall be unnecessary in order to charge purchaser with notice thereof; and to provide for the city having the right and power to adopt ordinance or ordinances governing the cleaning, draining, maintaining and keeping premises in said city in healthful and sanitary conditions, 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 70 of an Act of the General Assembly of Georgia,

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approved August 15th, 1922, pertaining to the improvement by paving of certain streets, sidewalks etc., in the City of Eastman, Georgia, be and the same is hereby amended by striking the entire last sentence in said section, beginning with the words whenever the City Council, on page 815 of said Act, and ending with words payable annually, on page 816 of said Act, and substituting in lieu of said sentence, or said portion of said section 7, the following: Section 70 of Act of 1922 amended. Whenever the City Council of the City of Eastman shall determine to pave any street, avenues, alleys, sidewalks, street crossings or railroad crossings in said city, they shall require the City Clerk to give to all persons owning property abutting or fronting thereon such notice of such intention as the Council may, by resolution adopted, deem proper. The city shall proceed at once to do such paving, or cause same to be done, and when the same is completed and the cost thereof ascertained, the Council shall require the City Clerk to furnish such interested property owner with a statement of the amount assessed against such property thereof, the statement to be furnished by such means as Council may, by resolution adopted, deem proper. Failure on the part of the property owner to receive the notice of intention and the statement herein referred to shall, however, in no wise affect the validity of the proceedings or the legality of the assessments referred to in this section. When the work is completed the property owner shall, and it is his duty to, pay into the Treasury of the City the amount so assessed against their property in ten equal annual installments, the first installment within twenty days from and after the work is completed, the remaining installments annually thereafter, said installments to bear interest at not more than seven (7) per centum per annum payable annually, provided, however, any property owner may, if he so elects, pay his entire assessment in cash, without availing himself of said deferred payment plan, such payment to be made within twenty (20) days from and after the work is completed. Paving assessments.

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Sec. 2. Be it further enacted by the authority aforesaid that section 8 of the said Act of the General Assembly of Georgia, approved August 15, 1922, pertaining to lien of assessments, be and the same is hereby amended by striking the period at the end of said section, inserting a comma in lieu thereof, and adding the following words, to [Illegible Text]: until each and all of said assessments are paid in full, so that said section when so amended shall [Illegible Text] as follows: Be it further enacted by the authority aforesaid that the assessments levied under the authority of the preceding section, together with interest thereon, shall be a lien against the property so assessed superior to all other liens, excepts liens for taxes, from the date of the ordinance levying said assessments, until each and all of said installment assessments with interest are paid in full. Section 8 of Act of 1922 amended. Lien of assessment. Sec. 3. Be it further enacted by the authority aforesaid that section 9 of the said Act of the General Assembly of Georgia, approved August 15, 1922, be and the same is hereby amended by striking the entire sentence in said section beginning with the words Said Chief of Police, on line ten (10) of said section, on page 816 of said Act, and ending with the words tendered and received, on line twenty (20) of said section, on page 816 of said Act, and substituting in lieu of said sentence, or said portion of said section 9, the following: Section 9 of same act amended. Said Chief of Police shall make to the purchaser a good and valid deed thereto, conveying title as fully as sheriffs of this State are authorized to do at public sales under judgment and execution; provided, however, said deed or conveyance of title shall be made subject to the lien of any remaining unpaid installment assessments with interest, and said purchaser at such sale shall buy subject to the lien of any such remaining unpaid installment assessments with interest, and record of the lien of such unpaid installment assessments, with interest, in the Clerk's office of the Superior Court of Dodge County, Georgia, shall not be necessary in order to charge such purchaser with notice

Page 1094

thereof; and provided further the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, specifying fully and distinctly the grounds of such denial of liability and stating what amount he admits to be due, which amount so admitted to be due shall be paid or tendered to the City Council of Eastman at the time or before the affidavit is tendered and received. Deed to property sold to pay assessment: title of purchaser. Affidavit of illegality. Sec. 4. Be it enacted by the authority aforesaid and it is hereby enacted by the authority of the same that the Council of the City of Eastman shall, and it is hereby clothed with the right and power, through appropriate ordinances or resolutions adopted, to provide for the keeping, cleaning, drainage, and maintaining of vacant or occupied premises or lots or other tracts or parcels of land within said city in a healthful and sanitary condition, and to that end may adopt such ordinance or ordinances as it may deem wise and best, providing, if it so desires, that such places be cleaned or drained at the expense of the property owner, and that execution may issue against the property owner for the cost thereof; provided, however, that proper provision be made in any such ordinance for the property owner to have the right to contest the fairness or correctness of the cost so assessed. This section is not intended to prescribe the detailed machinery for the accomplishment of the ends desired, but is intended to confer upon said city the right to adopt, by ordinance, such means as it may deem best for the accomplishment of the ends desired, not inconsistent with laws or Constitution of said State. Cleaning and draining of lots; execution for cost. Sec. 5. Be it further enacted by the authority aforesaid that if any portion of this Act, should be held to be unconstitutional, it shall not affect the validity of the remainder of said Act. Act not invalidated by void part. Sec. 6. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927.

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EASTMAN STREET IMPROVEMENTS. No. 300. An Act to amend an Act, approved August 15, 1922, amending the charter of the City of Eastman so as to authorize and empower the City of Eastman, by its City Council, to establish and change the grade of streets, avenues, alleys, lanes and other public places in the City of Eastman, and to improve the same by curbing, guttering, 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 Eastman by its City 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 for 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, and the several Acts heretofore passed by the Legislature creating a charter for the City of Eastman, Georgia, and the several acts amendatory thereof are hereby amended as follows: Sec. 2. Be it further enacted that said City of Eastman, by its City Council is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the City of Eastman, and to improve same by curbing, guttering, 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. Street improvements.

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Sec. 3. Be it further enacted by the authority aforesaid that whenever the said City of Eastman, by its City Council, shall deem it necessary to grade, curb, gutter, pave, macadamize, drain or otherwise improve any street, alley, lane or any part thereof within the limits of the City of Eastman, said City of Eastman, by its City Council, shall be 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 Eastman; 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 streets, avenue, alley, lane or highway shall not within fifteen days after the publication of such resolution or ordinance file with the clerk of said city of Eastman their protest in writing against such improvement, then said city of Eastman, by its City Council, shall have power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or other highway separately, except when treated as one project, as hereinafter provided. Provided, however, that if the owners of more than one half of the front feet of the land liable to assessment for any such improvement shall petition the City of Eastman 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 Eastman by its City council to promptly cause the said improvement to be made in accordance with the prayer of said petition, and in such cases the resolution or ordinance hereinbefore mentioned shall not be required. Provided, however, that where two or more

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streets running in the same general direction form one continuous way they may be treated as one street, and the improvement thereof, as in this Act provided, shall constitute one project and shall be dealt with accordingly as to resolutions, ordinance or petition of property owners or protest by property owners or other proceedings. Ordinance as to necessity of improvement; publication. Objections. Petition for improvement. Duty to improve. 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 shall 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 Eastman, by its city council, may in its discretion, in the foregoing resolution or ordinance, provide that the frontage of intersecting streets, avenues, alleys, or lands shall be assessed as real estate abutting upon the street, alley, land or avenue paved or otherwise improved, in which case said City of Eastman shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane alley, or avenue or project, and shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, avenue, or other project, and shall pay from the city treasury a just pro rata of the entire cost of said work or improvement for the said frontage. Such payment to be made out of the general fund of the City of Eastman accruing from taxes collected during the current year. Mode of assessment. 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 Eastman, by its City Council, shall have determined to curb, gutter, 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 Eastman, by its City Council, shall then have the

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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 under-neath 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. 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 Eastman, by its 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 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 engineers 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 Eastman 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

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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 resolution for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both, in the discretion of said city. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed, and when and where the same will be considered by said City of Eastman. Said notice shall be published once a week for two consecutive weeks in a daily or weekly newspaper or journal the city council may select. At the time and place specified in such notice the City of Eastman, by its City Council, shall examine all bids received and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said City of Eastman 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 readvertise for other bids when any such are not in its judgment satisfactory. Resolution with details of improvement. Advertisement for bids. Award of contract. 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 Eastman, by its city council, shall, by resolution, appoint a board of appraisers, consisting of its agent or engineer

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and the city manager of said city, 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 written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abuting on such street, streets, alleys, lanes, avenues or other public places 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 City Council, or shall designate a regular meeting of its City Council for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the clerk of said city at least once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in said city, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said City Council at said session shall have power and 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 Council. Assessments in conformity to said appraisements and apportionment as confirmed by said City Council shall be payable in ten equal installments, and shall bear interest at the rate of 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 City 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 as the mortgage

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records of Dodge County, duly certified as correct by the Clerk of the Council; and when so recorded, the charges assessed against the various parcles of land shall become a first lien thereon, superior to all other liens except those to the State of Georgia, the County of Dodge, and the City of Eastman. Board of appraisers. Report of appraisers. Hearing of objections. Assessments. Lien of assessment. Sec. 8. Be it further enacted by the authority aforesaid that the first installment of said assessments shall be due and payable within 20 days from and after the passage of said ordinance levying assessments, and one installment with the yearly interest upon the amount remaining unpaid shall be payable on the same date in each succeeding year until all shall be paid. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective asessments within twenty days from and after 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 twenty days to the Clerk of the City of Eastman, and relieve their property from the lien of said assessment, which money so paid to said clerk shall be disbursed pro rata between the contractor and the city in proportion to their respective interests. Payment of assessment. 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, 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, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Date and rank of lien of assessment. Sec. 10. Be it further enacted by authority aforesaid that the said City of Eastman, by its City Council, after

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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 thirty days after the passage of the ordinance levying the said assessments, and of such denominations as the said City of Eastman, by its City Council, shall determine, which bond or bonds shall in no event become a liability of the City of Eastman, or its city council, issuing same. Should the date of said bonds fall on Sunday, according to the foregoing provision, in that event said bonds shall bear date thirty-one days after the passage of said ordinance levying said assessments. Said bonds shall mature annually thereafter in an amount proportionate to the amount of assessments maturing in that year. 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, parts of street or streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by such improvement under authority of this Act. Said Bonds shall be signed by the City of Eastman, by the chairman of the Council, and attested by the clerk of the council, and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached bearing fac simile signature of same officials signing as aforesaid, 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 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 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

Page 1103

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 council shall direct. Street improvement bonds. Sale of bonds. Sec. 11. Be it further enacted by the authority aforesaid that the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the Clerk of the City of Eastman, who shall give proper receipt for such payment. 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 for no other purposes. It shall be the duty of the Clerk of said city promptly at the date of the maturity of any such installment or assessment and interest, in case of a default in payment of such installment or assessment with interest, to issue an execution against the lots or tract of land assessed for improvement, and against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the Chief of Police of the City of Eastman, 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 cases 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 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

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affiant claims the amount is not due, and, when received by said Chief of Police, shall be returned to the Superior Court of Dodge 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. 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 Eastman, or its City Council, from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than for the failure of the City of Eastman, by its City 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 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 this 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 Council may at any time, in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Time limit for suit to set aside or enjoin assessment. Sec. 13. Be it further enacted by the authority aforesaid that in all cases where the City of Eastman, by its City Council, shall deem it necessary to repave, recurb, regutter, 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 provisions of

Page 1105

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 that in the judgment of said City Council of said city the pavement is worn out and no longer serviceable. It not being the intention of this Act to repeal any present or existing laws for the paving or improving the streets of Eastman, but it is intended for this Act to be cumulative as to all such improvements in said city. Repaving, etc. Sec. 14. Be it further enacted by the authority aforesaid that the publication of all notices in a daily or weekly newspaper or journal, called for in this Act, shall be the number of days herein specified exclusive of Sundays and legal holidays. Exclusion of Sunday, etc., from days for notice. 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 Eastman as herein set out, or the City Council of said city pass the resolution or ordinance provided for in section 3 of this Act, for the pavement of any said street, avenue, alley or lane or other public place, where the State or any of its political 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 Commisioner of Roads and Revenues of Dodge County is authorized to sign in behalf of the county; and where the City of Eastman is the owner, the chairman of the council is authorized to sign in behalf of the city. Assessment when State or county is landowner. 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 Eastman, except where the same are in direct conflict with this Act, it being intended that the provisions of this Act shall be cumulative and in addition to the present laws. This Act cumulative of existing laws.

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Sec. 17. Be it further enacted, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 19, 1927. ELBERTON CITY WARDS; REFERENDUM. No. 274. An Act to amend an Act entitled An Act to authorize and direct the mayor and council of the City of Elberton, Georgia, to divide said city into five wards; to fix and change the boundaries of the same, and to provide that no change of boundaries shall take place within certain times; to fix the times when councilmen shall be elected therefrom; to provide for primary nominations and elections and to fix the places for holding the same; to declare who is elected; to prescribe rules and places for holding the same; to provide for filling of vacancies in council from whatever cause, and for other purposes, approved August 5th, 1921, by striking from said Act, as published in Acts of 1921, pages 932-936, inclusive, section 1 of said Act in its entirety, to provide for a referendum; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that an Act approved August 5th, 1921 (Acts 1921, pages 932-936), dividing the City of Elberton, Georgia, into five wards, be and the same is hereby amended by striking therefrom section 1 of said Act in its entirety. Repeal of Section 1 of Act of 1921, as to wards. Sec. 2. Be it further enacted by the authority aforesaid that the provisions of this Act shall not become effective until the same shall have been ratified by a majority of the qualified voters of said City of Elberton, voting at an election to be held within sixty days from the approval of this Act, and the governing authority whose duty it is to call elections in cases of vacancies shall make provisions

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for said election to be held under the same rules and regulations as are now provided for elections of the mayor of said city. Referendum as to adoption of Act. 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, 1927. ELBERTON PUBLIC-SCHOOL FUND. No. 177. An Act to amend an Act entitled An Act to amend an Act to provide for a system of public schools for the city of Elberton, in the County of Elbert, to provide for the maintenance of the same by a special tax, to create a department of government for the control and government of said schools, and for other purposes, approved November 22, 1900, by striking from said Act all of section 1 which provided for the election by the city council of Elberton of a Board of Education for said city, and fixing their term of office, filling all vacancies on said board, and providing for a quorum for the transaction of business by said board, and enacting in lieu thereof a section to be known as section 1 of said Act, so as to provide for the election of said Board of Education by the qualified voters of the City of Elberton, to fix the date for such election, the term of office of said Board of Education, the filling of vacancies on the same, fixing a quorum for the transaction of business by said board, and fixing the time when the Board of Education elected by the people shall take charge and control of the public schools of Elberton, and for other purposes, approved August 12th, 1911, by striking from the second line of section 7 of said Act the words County School Commissioner of Elbert County, and inserting in lieu thereof the words State Superintendent

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of Schools, to provide for the repeal of conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to amend an Act entitled an Act to provide for a system of public schools for the City of Elberton, in the County of Elbert, approved August 12th, 1911 (Acts of 1911, page 1134), be and the same is hereby amended by striking from line two of section seven of said Act the words County School Commissioner of Elbert County, and inserting in lieu thereof the words State Superintendent of Schools, so that said section seven of said Act when so amended shall read as follows: Payment of city's share of school fund by State Superintendent of Schools. Sec. 7. Be it further enacted by the authority aforesaid that the State Superintendent of Schools shall pay over to the City Treasurer of the City of Elberton each year that portion of the public school fund coming from the State to the County of Elbert as the children of school age in the City of Elberton would be entitled to receive under a prorata distribution of said fund to the children of school age in the County of Elbert and the City of Elberton; such sums shall be covered into the public school fund of the City Treasurer and a report of the same made by the City Treasurer to both the Board of Education and the City Council. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1927. ELBERTON PUBLIC SCHOOL FUND No. 191. An Act to amend an Act entitled An Act to amend an Act entitled An Act to provide for a system of public

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schools for the City of Elberton in the County of Elbert, to provide for the maintenance of the same by a special tax, to create a department of government for the control and government of said schools, and for other purposes, approved November 22, 1900, by striking from said Act all of section 1, which provides for the election by the city council of Elberton of a Board of Education for said city, and fixing their term of office, filling all vacancies on said board, and providing for a quorum for the transaction of business by said board, and enacting in lieu thereof a section to be known as section 1 of said Act, so as to provide for the election of said Board of Education by the qualified voters of said City of Elberton, to fix the date for such election, the term of office of said Board of Education, the filling of vacancies on the same, fixing a quorum for the transaction of business by said Board, and fixing the time when the Board of Education elected by the people shall take charge and control of the public schools of Elberton, and for other purposes, approved August 12th, 1911, by striking from the second line of section 7 of said Act the words County School Commissioner of Elbert County, and inserting in lieu thereof the words State Superintendent of Schools, to provide for the repeal of conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to amend an Act entitled An Act to provide for a system of public schools for the City of Elberton, in the County of Elbert, approved August 12th, 1911 (Acts of 1911, Page 1134), be and the same is hereby amended by striking from line two of section seven of said Act the words County School Commissioners of Elbert County, and inserting in lieu thereof the words State Superintendent of Schools, so that said section seven of said Act when so amended shall read as follows: This Act is identical with the preceding Act, p. 1107. Payment of city's share of school fund by State Superintendent of Schools. Sec. 7. Be it further enacted by the authority aforesaid that the State Superintendent of schools shall pay

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over to the City Treasurer of the City of Elberton each year that portion of the public school fund coming from the State to the County of Elbert as the children of school age in the City of Elberton would be entitled to receive under a pro rate distribution of said fund to the children of school age in the County of Elbert and the City of Elberton; which sums shall be covered into the public school fund of the City Treasurer and a report of the same made by the City Treasurer to both the Board of Education and the City Council. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 13, 1927. ELLIJAY CHARTER AMENDMENTS. No. 104. An Act to amend an Act to incorporate and establish the City of Ellijay in the County of Gilmer; to declare the rights, powers and privileges of said corporation, and for other purposes, approved August 14, 1909, so as to provide for the election of Mayor and Aldermen for said City of Ellijay every two years; to fix the date of the election, and to provide a salary for said Mayor and Aldermen; and by repealing sub-section 6 of section 14 of said Act, and by repealing section 27 of said Act, and providing for the granting of franchises, easements and rights of way over in, under and upon the public streets, lanes, alleys, parks, and other property of said City of Ellijay; and by repealing section 36 of said Act and providing for the moving or removing or repairing pavements of the sidewalks of the said City of Ellijay, and to assess all or any portion of the cost of the same against the owner of the property abutting on said sidewalks, and also to provide for the paving, grading, curbing,

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macadamizing, or otherwise improving the streets, alleys, or ways of the said City of Ellijay, and to assess not exceeding one half the cost thereof upon the owner of the property abutting upon the same, and to provide for the collection of such assessments; and by repealing that part of section 37 of said Act which provides for the collection of an ad valorem and a business tax in the said City of Ellijay, and to provide that the said Mayor and Aldermen of said City of Ellijay shall have power and authority to assess, levy and collect a tax upon all property, real and personal, within the limits of said City of Ellijay, not to exceed one and one half per centum ad valorem for the support and maintenance of the government of said City of Ellijay, and for the retirement of any bonds of said City of Ellijay, and in case of extraordinary emergency shall also have power and authority to increase said tax rate to one half of one percentum ad valorem upon all the property, both real and personal, withi the limits of said City of Ellijay; and also to provide for the collection of an occupation tax in said city; and by repealing sub-section 8 of section 14 of said Act, and by repealing section 15 of said Act, and by providing a permanent qualification book for qualified voters of the said City of Ellijay, and to provide for the registration of such qualified voters, to provide for the appointment of a City Board of Registrars for said City of Ellijay and to define their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that section 5 of an Act to incorporate and establish the City of Ellijay, Georgia, in the County of Gilmer, to declare the rights and privileges of said corporation and for other purposes, approved August 14, 1909 (Acts of the General Assembly of the State of Georgia, 1909, page 844), be and the same is hereby repealed. Repeal of section 5 of charter. Sec. 2. Be it further enacted by the authority aforesaid that from and after the passage and approval of this

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Act, elections for Mayor and Aldermen shall be by a vote of the people, and shall be held on the second Monday of December biennially. The present Mayor and Aldermen of the City of Ellijay shall continue in office for the term for which they were elected and qualified and until their successors in office are elected and qualified. The Mayor and Aldermen elected on the second Monday of December, 1927, and shall be elected for a term of two years, and shall enter upon the discharge of their respective duties on the first day of January, 1928, unless said day shall be Sunday, and in that event the Monday following, and biennially on the second Monday in December, a Mayor and five city Aldermen shall be elected and shall enter upon the discharge of their duties upon the first day of January next after the election, said day shall be Sunday, and in that event the Monday following. Elections for Mayor and Aldermen. Sec. 3. The Mayor shall receive such reasonable salary, not more than sixty dollars, nor less than thirty-six dollars per annum. The Board of Aldermen shall, at the regular meeting of their body in the month of November preceding the municipal election for Mayor and Aldermen, fix the salary of the next succeeding Mayor, and his salary shall neither be increased nor diminished during the term of office. He shall have authority: Mayor's salary. (1) To preside over any and all meetings of the board of council, but not to vote therein, except in elections and impeachments. Mayor's authority. (2) To call special meetings of the board of council whenever he may deem same necessary; provided, he shall be required to call a meeting of said board of council, whenever three aldermen shall so request in writing. (3) To have the general oversight over all executive officers, employees or servants of the city, and in case of misconduct, or neglect of duty on the part of any such officers, employees or servants, he shall have power to suspend him, pending investigation by the board of council.

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(4) To preside in the police court of said city, and to exercise all the rights, privileges and powers hereinafter conferred upon the presiding officers of the said city. (5) To pardon offenders against the city ordinances, and to suspend, reduce, or vacate any sentence of the police court of the said city, three-fifths of the five aldermen approving such veto, suspension or reduction, whether imposed by himself or the mayor pro tem., or any alderman presiding in said court, under the provision of this Act. (6) To exercise all other powers conferred upon by this Act or which may hereinafter be conferred upon by ordinance of the said board of council, not in conflict with this Act. Sec. 4. Be it enacted by the authority aforesaid that subsection 6, of Section 14 of said Act to incorporate and establish the City of Ellijay, etc., be and the same is hereby repealed. Section 14 of charter repealed. Sec. 5. Be it further enacted by the authority aforesaid that section 27 of said Act to incorporate and establish the City of Ellijay, etc., be and the same is hereby repealed. Section 27 of charter repealed. Sec. 6. Be it further enacted by the authority aforesaid that the Mayor and Aldermen of said city shall have power to grant franchises, easements and rights of way in, under and upon the public streets, lanes, and alleys, parks and other property of said city, on such terms and conditions as they may fix; provided that no franchise shall be granted for more than a term of twenty-five years. Grant of franchises. Sec. 7. Be it further enacted by the authority aforesaid that section 36 of said Act to incorporate and establish the City of Ellijay, etc., be and the same is hereby repealed. Section 36 of charter repealed. Sec. 8. Be it further enacted by the authority aforesaid that said city shall have the right, power and authority to move or remove or repair the pavements of the sidewalks

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of said City of Ellijay, and to assess all or any portion of the cost of the same against the owner of the property abutting on said sidewalks, according to frontage owned by them thereon. Sidewalks. (1) Said City may pave, grade, curb, macadamize or otherwise improve for travel or drainage any of the streets, alleys or ways of the City of Ellijay; or repair the same and assess not exceeding one half the cost thereof upon the owners of the property abutting upon the streets, alleys, or ways so improved, according to frontage. Street paving, etc., assessments. (2) Said city is hereby empowered to enforce the payments of assessments herein provided for, by execution issued, levied and collected as prescribed in the said Act incorporating and establishing the City of Ellijay, in cases of tax executions. Executions. (3) One publication in the official newspaper shall be sufficient notice to the property owner and others affected, which publication shall be the first after the first reading and before the final passage of such ordinance. Notice to property owner. Sec. 9. Be it further enacted by the authority aforesaid that the first part of section 37 of said Act to incorporate and establish the City of Ellijay, etc., which provided for the assessing, levying and collection of an ad valorem tax and the assessing and collection of a business tax in said City of Ellijay, be and the same is hereby repealed, and being that part of said section 37 of said Act down to the first numbered subsection 1, of said Act. Taxes; repeal of first part of section 37 of charter. Sec. 10. Be it further enacted by the authority aforesaid that the Mayor and Aldermen of the said City of Ellijay shall have the right, power and authority to assess, levy and collect a tax upon all property, real and personal, within the corporate limits of said City, not to exceed one and one half percentum ad valorem, for the support and maintenance of government of the said City of Ellijay and for the retirement of any bonds for said City of Ellijay, and in case of extraordinary emergency shall also have

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power and authority to increase said tax rate to one half of one per centum ad valorem upon all the property, both real and personal, within the incorporate limits of said City of Ellijay, and also to assess, levy and collect a specific or occupation tax upon all business, occupation, professions callings, or trades, public or private, exercised within the City that they may deem just and proper; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, upon drays, hacks, hotels and boarding houses, restaurants, fish stands, billard 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 said 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 or telephone or electric light company or other similar corporation. The taxing power of the city, except as limited by law, shall be as general and full and complete as that of the State itself. Taxes. Sec. 11. Be it further enacted by the authority aforesaid that subsection 8 of section 14 of said Act to incorporate and establish said City of Ellijay, etc., be and the same is hereby repealed, and section 15 of said Act be and the same is hereby repealed. Repeal of subsection 8 of section 14, and section 15, of charter. Sec. 12. Be it further enacted by the authority aforesaid that from and after the passage of this Act, the City Clerk of the Board of Aldermen of the City of Ellijay 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 the State, and especially the laws governing the City of Ellijay. 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 Ellijay, and

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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 the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the City of Ellijay, and who upon the day of the election, if then a resident, will have resided in said City of Ellijay for six months prior thereto, to allow such person to register his or her name and color, recording on such permanent registration book, beside the applicant's name, his or her age, and occupation or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant administer 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 and in Gilmer County six months, and in the City of Ellijay six months 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 of age; that you have paid all taxes due the City of Ellijay, 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 ordinance 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 some one authorized by him 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

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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 of voters. Oath of voter. Sec. 13. Be it further enacted by the authority aforesaid that no voter shall be entitled to vote in the general election for Mayor and Aldermen, to be held on the second Monday in December biennially after the passage of this Act, unless such voter was registered upon said Permanent Qualification Book on the fifteenth day of November preceding the election. For any intermediate or special elections in said City of Ellijay for any purpose, no 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. Registration, time for. Sec. 14. B. Be it further enacted by the authority aforesaid that on or before the fifteenth day of November biennially after the passage of this Act it shall be the duty of the Mayor and Aldermen of the City of Ellijay to appoint three competent persons, who shall be qualified voters of said City of Ellijay, who shall constitute the Board of City Registrars for said City of Ellijay. 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 Ellijay. Said oath shall be filed with the City Clerk. On the sixteenth of November, or as soon thereafter as practicable, it shall be the duty of said City Board of Registrars to meet at the office of the Clerk of the City of Ellijay and at their first meeting they shall elect a Chairman of said board, and the City Clerk of the City of Ellijay shall be ex-officio Clerk of said Board of City Registrars, and it shall be the duty of said City Clerk to furnish said Board of City Registrars the Permanent Qualification Book, in which shall

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appear the names of all persons who have registered upon said Permanent Qualification Book, and it shall also be the duty of 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 authorities of the City of Ellijay. It shall be the duty of said City Registrars to inspect and examine said 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 Ellijay, it shall be the duty of said Registrars to 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 Ellijay 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.

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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 as legally qualified voters for said City of Ellijay. 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 Clerk 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 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 Ellijay 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 Collectors of Gilmer 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 Aldermen. Roard of registrars. Oath of registrars. Chairman and Clerk of Board. Removal of name from Permanent Qualifcation Book. List of voters. Compensation of registrars.

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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 2, 1927. EMERSON MAYOR AND ALDERMEN. No. 43. An Act to amend an Act of the General Assembly entitled An Act to incorporate the city of Emerson, in Bartow County, provide for its government, define its powers, and for other purposes, approved November 11th, 1889. Section 1. Be it enacted by the General Assembly of the State of Georgia that from and after the passage of this Act, sections XVI and XVII of the Act incorporating the City of Emerson are hereby stricken therefrom. Repeal of sections 16 and 17 of charter. Sec. 2. And be it further enacted that section III of said Act to incorporate the City of Emerson, which reads as follows Section III. And be it further enacted that the corporate powers of said city shall be vested in a Mayor and Aldermen, who shall be elected on the second Wednesday of December next, and the second Wednesday of each December of each year thereafter, and shall hold their offices for one year, and until their successors are elected and qualified; and all persons resident within the corporate limits of said city, who are qualified to vote for members of the General Assembly, shall be entitled to vote at said election, shall be amended so as to read as follows, Section III. And be it further enacted that the corporate powers of said city shall be vested in a Mayor and four Aldermen, who shall be elected from the city at large, and who shall be elected on the second Wednesday of December of each year, and shall hold their offices for one year and until their sucessors are elected and qualified; and all persons resident within the corporate limits of said city, who are

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qualified to vote for members of the General Assembly shall be entitled to vote at said election. Election of Mayor and four Aldermen. Sec. 3. And be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. FAIRFAX CHARTER REPEAL; REFERENDUM. No. 261. An Act to repeal an Act entitled An Act to incorporate the Town of Fairfax, in the County of Ware; to define its corporate limits and authority; to provide a government for said town, and to confer certain powers on same; to authorize said town to establish and maintain a system of public schools by local taxation, to provide a board of education and define its powers and duties and to require the State School Commissioner to pay over to the secretary and treasurer of said board the pro rata share of the State and county common-school fund and other funds to which said town and the children attending said public-school system are entitled; to authorize said town to issue bonds or other evidences of debt, so as to provide a public-school building and equipments, waterworks, electric lights, sewers and drains, and other public works for public use; and for other purposes, approved August 22, 1907, and all subsequent amendatory Acts thereto. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, that, from and after the passage and approval of this Act, an Act entitled An Act to incorporate the town of Fairfax, in the County of Ware; to define its corporate limits and authority; to provide a government for said town, and to confer certain powers on same; to authorize said town to establish and maintain a system of

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public schools by local taxation; to provide a board of education and define its powers and duties, and to require the State School Commissioner to pay over to the Secretary and treasurer of said board the pro rata share of the State and county common-school fund and other funds to which said town and the children attending said public-school system are entitled; to authorize said town to issue bonds or other evidences of debt, so as to provide a public school building and equipments, waterworks, electric lights, sewers and drains, and other public works for public use; and for other purposes, approved August 22, 1907, and all subsequent amendatory Acts thereto, be and the same are hereby repealed; provided, however, that this Act shall not become effective until the same shall have been ratified by a majority vote of the qualified voters voting at a special election in said Town of Fairfax, which said special election may be called by the mayor of said town, or in his absence by any member of the council of said Town of Fairfax, for that purpose, at any time after the final passage and approval of this act. The mayor, or in his absence any member of the council, or the mayor and council of said Town of Fairfax 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 not less than two weeks in the newspaper in which the sheriff's sales are advertised in Ware County, and also posting a notice in at least one place within the corporate limits of said town for not less than two weeks. Should such election be held, the same rules as to qualified voters, certificate of results of said election, and the manner of holding the same shall obtain as in case of elections for elections for mayor and council of said city or town. Those who vote to ratify this Act shall have written or printed on their ballots, For repealing the charter of the Town of Fairfax, and those who vote against the ratification of this Act shall have written or printed on their Ballots, Against repealing the charter of the Town of Fairfax. Repeal of charter; referendun as to.

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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 18, 1927. FAIRFAX SCHOOL SYSTEM ABOLISHED. No. 256. An Act to amend an Act entitled An Act to incorporate the Town of Fairfax, in the County of Ware; to define its corporate limits and authority; to provide a government for said town, and to confer certain powers on same; to authorize said town to establish and maintain a system of public schools by local taxation; to provide a board of education and define its powers and duties, and to require the State School commissioner to pay over to the secretary and treasurer of said board the pro rata share of the State and county common-school fund and other funds to which said town and the children attending said public-school system are entitled; to authorize said town to issue bonds or other evidences of debt, so as to provide a public-school building and equipments, waterworks, electric lights, sewers and drains, and other public works for public use; and for other purposes, approved August 22, 1907, by repealing or striking from said named Act all of sections 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27; the purpose of this Act being to repeal all of said Act providing for the creation, support, and maintaining of a public-school system for said Town of Fairfax; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act entitled An Act to incorporate the Town of Fairfax, in the County of Ware, to define its corporate limits and authority; to provide a government for said town, and to confer certain powers on same; to

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authorize said town to establish and maintain a system of public schools by local taxation; to provide a board of education and define its powers and duties, and to require the State School Commissioner to pay over to the Secretary and treasurer of said board the pro rata share of State and county common-school fund and other funds to which said town and the children attending said public-school system are entitled; to authorize said town to issue bonds or other evidences of debt, so as to provide a public-school building and equipments, waterworks, electric lights, sewers and drains, and other public works for public use; and for other purposes, approved August 22, 1907, be and the same is hereby amended by striking from said Act all of Sections 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27, so that that part of said named Act creating the public-school system for the Town of Fairfax, in Ware County, Georgia, be, and the same is hereby repealed; the purpose and intent of this Act being to repeal said public-school system of said Town of Fairfax as set forth in said named sections of said named Act; and provided further, that this Act shall go into effect immediately upon the passage and approval of this Act School system abolished. Sections stricken from charter. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the Town of said Fairfax, in Ware County, Georgia, and the independent system of public-school heretofore established and maintained by the said Town of Fairfax, in Ware County, Georgia, shall constitute and become a part of the public-school system of Ware County, Georgia. Town school system made part of county system. 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, 1927.

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FAIRMOUNT NEW CITY CHARTER; REFERENDUM. No. 233. An Act to create a new charter for the City of Fairmount, in the County of Gordon, and to reincorporate said city and define its territorial limits; to continue in operation, confirm, and consolidate all Acts heretofore passed incorporating said city and amending the charter thereof; to change the corporate name from The Town of Fairmount, to The City of Fairmount; to provide that all ordinances, rules, regulations and resolutions of said town now in force and not in conflict with this Act be preserved and continued of force and remain valid and binding until same are repealed and amended; to declare and constitute the rights and powers, of said corporation; to prescribe the rights and powers duties, liabilities, and qualifications of all officers, and the manner of their election and removal from office; to provide for the retention of office for the present officers of the said city until the election provided for in this charter is held; to provide for the manner and time for all elections in said city; to provide for the qualification of all electors and voters therein, and for the registration of the same and the time during which the registration books of said city shall be open; to provide for the Mayor's court and the trial and punishment therein of all offenders against the laws of said city, and the manner of appeal therefrom; to provide for a fire department and the officers thereof; to provide for a board of health and the officers thereof; to provide for the proper regulation of the water system of said city; to authorize mayor and aldermen to maintain and operate a system of waterworks and sewers; to authorize said city to borrow money, to hold elections for issuing bonds for public purposes and improvements, and other evidences of debt for like purposes; to provide for parks and create a commission therefor; to provide for cemeteries and the regulation thereof; to grant and regulate franchises;

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to provide for streets, avenues, lanes, alleys, roads, side-walks, crossings, and for the laying out, closing, widening, opening, grading, graveling, working, paving, and curbing the same; to provide for the opening up of all streets, avenues, and squares, and the assessment against the abutting property owners for such improvement; to provide for a division for the expense of such laying out, widening, opening, paving, and curbing, of said street, alleys, crossings, avenues, and squares between abutting property owners and the city, and to provide a levy of taxes therefor, and the creation of liens against the property affected by such improvements; to provide for the proper condemnation of property within or without corporate limits, for public use; to provide for the assessment, levy, and collection of an ad valorem tax on all property, real and personal, for general purposes, and for paying the principal and interest on the bonded indebtedness of said city, and providing the manner in which the money shall be raised and applied; to authorize the assessment and collection of a tax for street work and improvements; to provide for the taxation and license of all kinds of trade, business, professions, shows, exhibitions and entertainments; to grant encroachments on the streets, and to close same temporarily; to prescribe the location and kind of water-closets, privies, urinals, or other receptacles, and to provide a penalty for a failure to do so, and to regulate the manner in which the city shall do such work and hold and enforce a lien against the owner and property for such work; to provide for the general policing and all police laws and the general welfare of the citizens and inhabitants of said corporation; to provide for the execution, service, and return of certain writs, warrants of execution of said city beyond the limits of said city and within the State; to confer power upon said city to acquire, own, or lease property beyond its corporate limits for certain purposes; to prevent domestic animals from running at large; to authorize said corporation to co-operate jointly, by contract or otherwise, with the authorities

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of Gordon County in the construction, repair, and improvements of any road or streets within the corporate limits which form a part of a county or a State system of highways; to authorize and empower said corporation to build, buy, or erect a building without holding title to equity within the corporate limits of said city, in conjunction with authorities of Gordon County, to be used for city and county purposes; to provide for fire limits; to enlarge or restrict the same from time to time; to provide for punishment for violation of ordinances governing same; to provide for a city planning commission; and to provide for all matters and things necessary and proper or incident to a municipal corporation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia; and it is hereby enacted by authority of the same, that from and after the passage of this Act, and the ratification of the same by the qualified voters of the said city as hereinafter provided, the municipal government of the City of Fairmount shall consist of a mayor and four aldermen, who hereby constitute a body corporate under the name and style of The City of Fairmount, and by such name they shall have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and to be impleaded, to have and use a common seal, shall be able in law or equity to purchase, have, hold and enjoy, receive, possess, and retain to them and their successors in office, for the use and benefit of the City of Fairmount, in perpetuity or for any term of years, any estate or estates, real or personal, of every kind and nature within or without the corporate limits, for corporate purposes; to have and to hold all property now belonging to the city either in its own name or the name of others to the use of said city for the purpose and intents for which the same was given, granted, dedicated, or purchased; to use, manage, and improve, sell, convey, rent or lease the same, and shall have like powers over the property hereinafter acquired,

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and shall succeed to all the rights and liabilities of the present corporation. They shall have power to borrow money and give evidences of indebtedness for the same; to use bonds from time to time; and to do and perform all and every act and acts necessary for incidental to the raising of funds for the legitimate use of said city. They shall have the right, power, and authority to govern themselves by such rules, laws, by-laws, regulations, ordinances, or other orders as they may deem proper, not in conflict with this charter, the constitution or laws of this State or the United States. New charter for City of Fairmount. Powers. Sec. 2. Be it further enacted, that the corporate limits of said city shall extend one half mile in every direction from the center of park in business section of said city, forming a perfect circle. City limits. Sec. 3. Be it further enacted, that all present officers of said city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. Present officers. Sec. 4. Be it further enacted, that the first general election for mayor and aldermen shall be held on the fourth Wednesday in December, 1927, and the said election shall continue biennially thereafter. If for any cause said elections are not held on the days as specified, they shall be held as soon thereafter as practicable. Elections of Mayor and Aldermen. Sec. 5. Be it further enacted, that all persons who have been bona fide residents of said city for sixty days before the day of election, who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by authorities of said city, who shall have been duly registered as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Qualified electors. Sec. 6. Be it further enacted, that such elections shall be conducted under the management of the mayor and two freeholders, who are electors of said city and not candidates

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in said elections, or, in the absence or disqualification of the mayor, any three freeholders, electors of said city and not candidates in said elections, may manage same. Said managers shall conduct said elections as near as practical as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at eight o'clock a. m., and closed at three o'clock p. m. At subsequent elections the mayor and aldermen shall appoint the said election managers in accordance with the provisions of this charter. The mayor and aldermen may designate polling-places. Conduct of elections. Sec. 7. Be it further enacted, that the managers shall each, before proceeding with the election, take an subscribe the following oath: All and each of us do swear or affirm that we are qualified by being freeholders or mayor, as the case may be; that we are duly qualified to vote in this election; that we will make a just and true return thereof; that we will not knowingly prohibit anyone from voting who is entitled; that we will not knowingly allow anyone to vote who is not entitled; and that we will not knowingly divulge how any vote was cast, unless called upon under the law to do so; so help us God. Oath of election managers. (a) The affidavit or oath shall be signed by each manager in the capacity in which he acts; said oath shall be subscribed before some officer authorized to administer oaths, if any such officer be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. (b) The managers of said elections shall proceed to count out the ballots and declare the results, and issue certificates of election to the mayor-elect and the aldermen-elect; provided, however, that said certificates of election and results of said election shall not be issued by the managers until after the expiration of five days from the election. That it shall be the duties of the managers at any election held under the provisions of this charter, after the ballots have been counted and the results have

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been ascertained, to place all the ballots in the ballot-boxes, together with a list of the voters and tally-sheets, and carefully seal the same and deposit the same with the ordinary of the County of Gordon. Said deposit shall be made not later than twelve o'clock noon the day following such elections. That the certificates thus issued as here-provided shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties, after qualifications as hereinafter provided. Certificates of election. (c) The managers of each election shall issue to the newly-elected mayor and each of the newly-elected aldermen a like certificate, and shall also certify the result of the election to the acting mayor and aldermen, which last certificate shall be entered upon the records of said mayor and Aldermen. Said managers shall also furnish the acting mayor and aldermen one of the tally-sheets of said election, certified by them as being correct. Sec. 8. Be it further enacted, that in the event any one desires to contest any election had in said city, said contest shall be conducted under the rules and regulations now prescribed by law. That in the event any contest for any of said officers is instituted, the said certificates of election shall not be delivered by the managers of said election until the contest is heard and determined as now required by law in such cases made and provided, and it shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. Contest of election. Sec. 9. Be it further enacted, that if the election managers should violate any of the provisions of this Act, they shall jointly and severally be guilty of a misdemeanor, and upon conviction be punished as provided in the penal code of the State of Georgia. Penalty for election manager's violation of Act. Sec. 10. Be it further enacted, that in the event the office of mayor or any aldermen shall become vacant by death, removal, disqualification, resignation, or other cause, the mayor pro tem, or the aldermen if both said offices

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should be vacant, shall order an election, of which at least ten days of written notice shall be given by publication in some newspaper published in said city, to fill the vacancy or vacancies; said newly-elected persons to fill out unexpired term only. Vacancy. Sec. 11. Be it further enacted, that before entering upon the discharge of their respective offices the mayor and aldermen shall each make and subscribe the following oath: I do solemnly swear or affirm that I will faithfully discharge all duties devolving on me as mayor (or alderman, as the case may be) of the City of Fairmount during my continuance in office, according to the best of my ability and understanding; so help me God. Said oath shall be entered upon the records of said city. Oath of mayor and aldermen. Sec. 12. Be it further enacted, that the mayor and aldermen shall elect annually, at the first regular meeting in January, a mayor pro tem from the aldermen, whose duty it shall be to act in all places as mayor in the absence or disqualification of the mayor, during which time he shall be clothed with all the necessary powers of the mayor; also elect a clerk and treasurer, who shall be officially designated as city clerk and treasurer, and a marshal, with such a number of policemen as they deem necessary for the protection of the city, and they may from time to time increase the number of policemen as the growth of the city may require. The said mayor and aldermen shall have the right to pass such rules, regulations, and ordinances for the management of the police force as they may deem necessary. Mayor pro tem. (a) All of said officers shall hold their office for one year and until their successors are elected and qualified. Terms of office. (b) Any of said officers may be removed at any time, by majority vote of the mayor and aldermen, for neglect of duty, incapacity, or malfeasance in office. The mayor shall have the authority to suspend any officer temporarily, in his discretion, until the next regular meeting of

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the mayor and aldermen, when such officer shall be given a trial. Removal from office. (c) The mayor and aldermen may also appoint special policemen when, in their judgment, such appointment may be necessary. Such policemen shall be discharged when the emergency requiring their services has passed, and to be compensated as the mayor and aldermen may determine; or the aldermen may by ordinance provide for the appointment by the mayor, at a fixed compensation per per day, week, or month, of such special policemen. When such policemen are on duty they shall have the same authority and be charged with the same duties as prescribed for the regular marshal of the city. Policemen. Sec. 13. Be it further enacted, that the municipal government of said city shall be vested in the mayor and four aldermen, and such other officers as the mayor and aldermen may see fit to elect and appoint as hereinafter provided. That said mayor and aldermen shall constitute the legislative department of said city, and as such have the full power and authority, from time to time, to make, establish, or repeal rules, laws, ordinances, regulations, and orders as may to them seem right and proper respecting streets, railroad crossings, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery and sales stables, warehouses, storage-houses, hitching-places, parking-places, markets, slaughterhouses, butcher-pens, public houses, hotels, boarding-houses, sleeping-apartments, restaurants, cafes, opera-houses theaters, picture shows, and all kinds of shows and circuses, dance-halls, skating-rinks, bowling alleys, pool and billard-rooms and all other places of amusement, garages, shops, mills, factories, ginneries, barber-shops, soda-fountains, near-beer saloons, telephone and telegraph companies, booths, gas, water, light, and electric companies, power companies, stands, tents, and all other matters and things whatsoever that may be then considered necessary or proper or incident to the good government of said city and to the peace, security, health, happiness, welfare, protection, or convenience of the inhabitants

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of said city and for the preserving the peace good and dignity of said government. This enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other thing and act necessary or incident to the municipal government, and shall not conflict with any special power or authority given said government by this Act or by Acts heretofore passed, but shall be construed as in addition to and in aid of such powers that are not repealed by this Act. Powers of mayor and aldermen. Sec. 14. Be it further enacted, that it shall be the duty of the city clerk and treasurer, upon the first Monday in September of each year in which a regular election is to be held, to open a registration-book to be kept at the office of the city clerk and treasurer, for the proper registration of the qualified voters of said city; said book shall be kept open from eight o'clock a. m. until twelve o'clock m., and from one o'clock p. m. to five o'clock p. m. each and every day (Sundays and legal holidays excepted) until the first Monday in November following, when it shall be finally and absolutely closed. Registration of voters. (a) That it shall be the duty of the city clerk and treasurer, upon application in person, and not by proxy, of any person who is qualified to vote for members of the General Assembly, who has paid all taxes of whatever character legally imposed or demanded by the authorities of the city, and who upon the day of the election, if then a resident, will have resided in said city for sixty days prior hereto, to register the name of such person, recording on said list, besides the applicant's name, age, occupation or business, and the locality in the city where he or she resides. Said clerk and treasurer shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse any one who is entitled to register, and shall administer the following oath: You do solemnly swear or affirm that you are qualified to vote for member of the General Assembly; that you have resided in this city for sixty days next preceding this registration, or that by the vote of the next city election, if still a resident of

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this city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the day of election; and that you have paid all taxes due the City of Fairmount, and that you have made all returns required of you by ordinances of this city: so help you God. Oath of voter. (b) That there may be an appeal from the decision of the city clerk and treasurer as to the right of the person to register, to a committee of three freeholders previously appointed by the mayor and aldermen for that purpose, whose decision shall be final. All appeals shall be made, heard, and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the city clerk and treasurer to make a correct list of the registered voters, and furnish the managers of election a certified copy of same. The registration books shall be open to the inspection of the public at all times during office hours. The said committee shall have authority to purge said registration list of all illegal voters, upon five days written notice to the person or persons who have registered illegally. Appeal from refusal to permit registration. (c) It shall be the duty of the city clerk and treasurer to furnish the managers of elections, before opening of the polls on the day of election with a complete list of the registered voters, arranged in alphabetical order, certified to under the hand of the city clerk and treasurer, and the corporate seal of the city. List of voters. (d) Said list shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear on said list. Sec. 15. Be it further enacted, that any person voting at any city election who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction be punished as prescribed for misdemeanor punishment by the Penal Code of the State of Georgia. Penalty for illegal voting.

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Sec. 16. Be it further enacted, that all elections held at any other time than the regular elections as provided for, such as for the issuing of bonds by the Mayor and Aldermen, and in all special elections for any purpose whatever, a special registration book shall be opened by the city clerk and treasurer for proper registration of all those who may be entitled to register, for a period of thirty days before said special election, but they must be absolutely and finally closed ten days before the day of election, and the list made up as above provided for relative to the general elections. Registration for special elections. Sec. 17. Be it further enacted, that no person shall be eligible to hold office of mayor or alderman in said city unless he or she be qualified elector of the City of Fairmount, and shall have resided in the city for a period of one year immediately preceding his or her election. All candidates for mayor or alderman shall file with the city clerk and treasurer written notice ten days prior to such election his or her intention of becoming a candidate in such election, stating the office which he or she seeks. Eligibility for office. Sec. 18. Be it further enacted, that the mayor shall be the chief executive officer of the city, and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the marshal; approve all bills and vouchers for the payment of money. It shall be his duty to see that the laws and ordinances of the city are faithfully carried out and executed within the corporate limits of the city. He shall keep the board of aldermen advised from time to time of the general conditions of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare of the city. He shall preside over the meetings of the board of aldermen, and may call them together at any time when deemed necessary by him; he shall have a vote in case of a tie; and he shall devote all the time necessary to the discharge of the duties of mayor of said city. Mayor's duties and powers.

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Sec. 19. Be it further enacted, that should the mayor or any member of the board of aldermen be guilty of malpractice in office, or wilful neglect of his office, or abuse of the powers conferred upon him, or shall be guilty of any other act or acts or general conduct unbecoming an officer of the City of Fairmount, he shall be impeached by the board of aldermen and upon conviction shall be removed from office. Malpractice, etc.; impeachment. Sec. 20. Be it further enacted, that the police force of said city shall consist of a marshal and such other officers and men as the mayor and aldermen may by ordinance prescribe. Their term of office shall be one year, but they may be discharged or suspended by the mayor and aldermen, after trial for neglect of duty, incapacity, conduct unbecoming an officer, or other like offense, when in their judgment it is best for the good of the service or the interest of the city. The compensation of the officers shall be fixed by the mayor and aldermen. Police force. Compensation. (a) The marshal and other police officers shall preserve the peace of the city, and they shall have power and authority to arrest without warrant any person within the corporate limits of the said city, who at the time of said arrest, or before that time, have been guilty or charged with violating any of the ordinances, rules, or regulations of said city or the laws of the State, and to hold such persons so arrested until a hearing of the matter before the proper officers can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city or county jail for a reasonable length of time. The marshal and policemen of said city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances, rules, and regulations of the City of Fairmount; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city except in obedience to written warrant signed by the

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mayor or mayor pro tem; provided, that all persons not intoxicated, desiring to give bail for their appearance before the mayor's court in bailable cases, shall be allowed to do so; and all such bonds may be forfeited as provided by ordinance for forfeitures of appearance bonds. It shall be the duty of the marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds or other conveyances used in such cases. It shall be the duty of the marshal, upon notice given by the mayor, mayor pro tem., or any member of the board of aldermen, or any citizen, to prosecute all offenders against the laws of said city or of the State, committed within the corporate limits of said city. In case any crime is committed in the presence of the marshal, or come to his knowledge, it shall be his duty to prosecute the same without notice; and he shall perform such other services as the mayor and aldermen shall by ordinance require. The mayor and aldermen shall have power to prescribe all rules and regulations, from time to time, for the general management and discipline of the said police force of the city. Duties and powers of marshal and police force. (b) That said marshal shall give bond in the sum satisfactory to the mayor and aldermen for the faithful discharge of his duties, and shall take and prescribe the same oath of office in the presence of the mayor and aldermen as hereinafter prescribed for the city clerk and treasurer. Bond of marshal. Sec. 21. Be it further enacted, that the offices of the clerk and the treasurer shall be combined and known as the city clerk and treasurer; that the city clerk and treasurer shall attend all meetings of the mayor and aldermen, and the mayor's court, and keep the minutes, books, and files of each, collect all fines, taxes, and other money due the city, attend to the issuance of license, permits, sign and issue all executions and other writs and processes for the collection of taxes and other money due the city, and perform such other duties as may be required of him by the mayor and aldermen or required of him by ordinance.

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He shall also attend all meetings of the board of health of said city, and keep the minutes, books, and files of the same. Office of clerk and treasurer combined; duties. (a) That it shall be his duty to receive and disburse all money of the city, upon proper orders, and he shall make itemized reports of all receipts and disbursements and submit the same to the mayor and aldermen whenever called upon to do so (b) That the said city clerk and treasurer shall give bond in a sum to be fixed for his or her term of office by the mayor and aldermen. Said bond to be made by some good and solvent surety or bonding company, and the premiums on same shall be paid by the said City of Fairmount. Bond of clerk and treasurer. (c) Said city clerk and treasurer shall also take and subscribe an oath before the mayor that he will, to the best of his ability, faithfully perform the duties of his office without favor or partiality. Oath. (d) That said city clerk and treasurer shall be paid for such services not less than eight dollars nor more than twelve dollars and fifty cents per month, in the discretion of the mayor and aldermen. Compensation. Sec. 22. Be it further enacted by the authority aforesaid, that the office of the city attorney is hereby created and established, and said attorney shall be elected by the mayor and aldermen and shall hold his term of office for one year and until his successor is elected and qualified His duties shall be prescribed from time to time by the mayor and aldermen. He shall represent the interest of the city in all the courts, and shall attend the sessions of the mayor and aldermen when they request; and his salary, compensation, or fee for any service shall be fixed by the mayor and aldermen. City Attorney. Sec. 23. Be it further enacted, that, besides the officers already provided for, the mayor and aldermen shall have power and authority to elect or appoint for a full term of

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one year, or for such time as in their judgment may seem best, such other officers, agents, superintendents, street overseers, or other workmen for the proper carrying out of the provisions of this charter and proper municipal government of the City of Fairmount. Other officers and employees. Sec. 24. Be it further enacted, that no member of the boards herein provided for shall be interested directly or indirectly personally in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles sold to the city, or paid for out of the public revenues of the city, and nepotism in any of the boards is expressly forbidden. Unlawful interest in contract; graft; nepotism. Sec. 25. Be it further enacted, that the mayor and aldermen shall have power and authority to create a fire department and purchase equipment for same; to elect a chief of the fire department, and any other officers and men thereof, whose duties shall be prescribed by said mayor and aldermen, and by the ordinances of said city. They shall have power to suspend or remove any of them whenever they shall deem it necessary or proper for the well being and efficiency of the department. They shall have power to fix all rules and regulations for the general government and management of the department, and fix by ordinance the salaries of the same. The chief and members of the fire department shall be elected for one year, but may be removed or suspended as hereinbefore set out for the police officers. Fire department. Sec. 26. Be it further enacted, that the mayor and aldermen shall have the power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks, or other places in said city. They shall have power to fill up all open cellars or excavations in said city, or cause the owner to do so, when they deem it necessary for the public interest for the same to be done; they shall have power and authority to condemn and remove, or cause to be removed, all dilapidated or unsafe

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walls, buildings, fences, chimneys, and other things of like character, which they may consider a nuisance or dangerous to the health or lives of the people of the city, and they may abate, or cause to be removed, anything that works a nuisance, or shall become injurious or deleterious to the health of, or endanger the lives of the people of the city. Powers as to street obstructions, nuisances, etc. Sec. 27. Be it further enacted, that the mayor and aldermen shall have power and authority to condemn property for public purposes as provided by the laws of this State, and in like manner shall have authority, right, and power to condemn property without the corporate limits for the following public purposes and uses; waterworks, sewerage system, cemeteries, parks, and dumping grounds for garbage. Condemnation of property. Sec. 28. Be it further enacted, that the mayor and aldermen shall have the power to regulate the keeping of gunpowder, gasoline, and all other combustibles and explosives, and to provide by ordinance, penalties for any violation of the same. Keeping of combustibles and explosives. Sec. 29. Be it further enacted, that the mayor and aldermen 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, and from time to time change, enlarge, or restrict the same; to provide what class of buildings shall be erected within such limits, and 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 such 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 the Civil Code of Georgia of 1910, section 5331 et sefi., any building or structure within said limits, whether public or private, which may in their opinion be dangerous to life, health, property, or the general safety of the public, or that becomes dangerous

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from fire or likely to cause the origin of fire or the 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; this remedy being cumulative to those now allowed by law. Building regulations. Nuisances. Sec. 30. Be it further enacted, that the mayor and aldermen shall have power and authority to pass all such ordinances and regulations for the government of said city, for the suppression of disorderly conduct, the protection of life and property, the maintenance of public places, and the protection of public health, which are not repugnant to the constitution and laws of the State or the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. Police powers. Sec. 31. Be it further enacted, that there may be a board of health for said city, to consist of the mayor, one competent physician, and one citizen to be appointed by the mayor, whose appointment shall be confirmed by the board of aldermen, and who shall hold office for one year and until their successors are appointed and qualified. The citizen appointed on said board of health shall hold no other municipal office during term as a member of said board, and shall possess the necessary qualifications as a member of such board. The mayor and aldermen shall prescribe by ordinance the proper rules and regulations of said board, their duties, and the times they shall meet. Said board shall have full power to institute and enforce all sanitary measures necessary to preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine and vaccination and from time to time recommend to the mayor and aldermen for passage of such ordinances, rules and regulations for the general health and sanitary betterment of the city as they may deem necessary for the good health of the city. They shall also have power to inspect food, milk, fruit, and other things sold in said city, and report to the mayor and aldermen

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all persons selling any impure articles; and the said mayor and aldermen shall provide by ordinance a penalty for all persons so offending. The said board of health shall look after the general sanitary conditions of the city, and shall report any nuisance likely to endanger the health of the city, or any neighborhood or place; and the mayor and aldermen shall enforce all sanitary rules and regulations. Board of health. Sec. 32. Be it further enacted, that the mayor and aldermen shall have full power and authority over and absolute control of all private drains for the filthy waste and other substances of flush in said city, and full power and authority to prescribe their location and structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. They shall have full power and authority to prescribe the location and kind of water-closets, privies, urinals, or other receptacles for water or other fluids or substances; they shall have power and authority to condemn and destroy any water-closet, privy, urinal, or other receptacle now in use or hereinafter to be constructed and put in use, which do not conform to and are not of the kind prescribed for use by the ordinances and rules of the city, and which may be detrimental to the health of the city. They shall also have the full power and authority to compel all property-owners to build or arrange all water-closets, privies, urinals, or other receptacles, on the premises of the said property-owner, in accordance with ordinances, rules, and regulations as may be prescribed; and if such property-owner shall fail or refuse to build or arrange any water-closet, privy, urinal, or other receptacle in accordance with the rules and regulations prescribed and within the time and manner prescribed which shall not be less than thirty days, then the city authorities may cause said work to be done, provide all necessary materials therefor, and assess the cost of the same against the property-owner and the said property so improved, which shall be

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a first lien on said real estate, superior to all other liens except for taxes; and the marshal shall levy the same on the said real estate in the same manner as the sheriff's sales under judgments and executions. The marshal making said sale is authorized to execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as the sheriff's deeds under sale made by judgments and executions, and shall proceed at once to disposess the owner thereof and put the purchaser summarily in possession. The city authorities or any agent of the city shall have the right, power, and authority to enter and go upon the premises of any one, after notice, for the purpose of inspecting said closets, privies, urinals, and other receptacles, to remove the same whenever condemned, and to rebuild such, without being deemed a trespasser or becoming responsible as such to the owner or tenant. Upon failure to comply with ordinances relative to this section, the city authorities shall have the right, power, and authority to arrest and prosecute the owners of said property before the mayor's court for maintaining a nuisance Health regulations. Sec. 33. Be it further enacted, that all sales of property under execution in favor of the City of Fairmount shall be advertised in the official gazette in which the sheriff's sales of Gordon County are advertised, and notice of such sales shall be posted in three conspicious places in said city. Such sales in all respects shall be made and conducted in the same manner as sheriff's sales under executions are now made in this State. Sales under executions. Sec. 34. Be it further enacted, that the mayor and aldermen shall have power and authority to prevent stock from running at large, and to take up and impound any horse, mule, cow, hog, goat, dog, or other animal useful for its labor or flesh, found at large within the corporate limits of said city, and to provide by ordinance for the redemption of or sale of the same, and to enact all such laws and ordinances as may be necessary to carry out the provisions of this section. Animals running at large; impounding.

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Sec. 35. Be it further enacted, that the mayor and aldermen shall have power and authority to grant encroachments upon the streets, sidewalks, lanes, alleys, parks, and lands of the city, upon such terms and in such manner as may be prescribed by ordinance. They shall have power and authority to temporarily close any street, sidewalk, lanes, or alleys of said city. Encroachments on streets, etc. Closing strets. Sec. 36. Be it further enacted, that the mayor and aldermen shall have power to license all legitimate business in said city and fix the license fees for the same by proper ordinances. They shall also have power and authority to license and regulate all hotels, public boarding-houses, sleeping apartments, opera-houses, theaters, picture-shows, bowling-alleys, circuses, shows and places of amusement; to license drays, hacks, wagons, automobiles, and other vehicles used for business purposes; to license telegraph and telephone companies, express and railroad companies, oil and gasoline companies, filling-stations, ginneries, factories, and all electric, gas, and water companies, auctioneers, and peddlers. They shall have power to license all other occupations, professions, or business not herein specifically provided for, and not otherwise taxed. Licenses. Sec. 37. Be it further enacted, that whenever any execution issued by proper authority of said city, for fines, forfeitures, taxes, license, or any other debt or demand due said city shall be levied on any property which is claimed by any other person not a party to the execution, said claim shall be interposed under the same rules, regulations, and restrictions as regulate claim cases under the laws of this State, and said claims shall be returned and tried in the first justice court, city court, or superior court having jurisdiction thereof, as the case may be. Claim cases. Sec. 38. Be it further enacted, that the said City of Fairmount, by and through its mayor and aldermen, is hereby authorized 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,

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and operate a system or systems of electric light and power, or telephone or telegraph lines and poles or water-works, or gas works, or sewerage system, or any other public-utility service, and any plant, machinery, and operation 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 of ways for any or all of 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 (99) ninety-nine years, to anyone or more or all of said public utilities, all as the said City of Fairmount, by and through its said mayor and aldermen and by and through ordinances passed by them, shall see fit and proper. Franchises. Sec. 39. Be it further enacted, that the mayor of said city shall have the same power as other judges of this State to punish for contempt officers and others, by a fine not to exceed twenty-five dollars and imprisonment in the city or county jail not exceeding fifteen days, or either or both, in his discretion. The said mayor shall to all intents and purposes be an ex-officio justice of the peace, so far as to enable him to issue warrants for offenses against any of the criminal laws of the State of Georgia, which warrants may be executed by any member of the police force of the city, and to commit the offender to the county jail of Gordon County, or to admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Judicial powers of mayor; contempts. Sec. 40. Be it further enacted, that in criminal cases the defendant shall not have the right to appeal to the board of aldermen from the decision or judgment of the mayor, except where the fine is the sum of twenty-five dollars or more, or the punishment is for a longer time than twenty-days imprisonment, or where a fine and imprisonment are both imposed; but the right of certiorari shall exist in all criminal cases from the judgment of the mayor. Said certiorari shall be obtained in the same manner and

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under the same conditions as a writ of certiorari is obtained from the judgment of a justice of the peace; provided, that any person convicted in said court, or his attorney, shall give written notice that he intends to apply for a writ of certiorari to the superior court of said county, when it shall be the duty of the mayor or other presiding officer to suspend said sentence until said centiorari shall have been heard and determined by the superior court, whichever the case may be. But no person shall be released from custody until he shall have paid the costs and given a good and sufficient bond and security, to be fixed and approved by the presiding officer of said court, for his appearance to carry out and perform said sentence in the event the said conviction is affirmed; said bond to be in the form as other supersedeas bonds in criminal cases. The judge of the superior court who grants certiorari may hear the same in the term or vacation, after ten days notice to each party, or their attorneys, of the time and place of hearing; the mayor being required to certify and send up to the superior court a complete and accurage history of the case, as his answer to the petition for certiorari, and the defendant having the right to traverse said answer, as provided by law. The mayor and aldermen shall have the authority to pass ordinances regulating the costs for appeals and certiorari; also for the forfeiture of all bonds. Appeal to board of aldermen. Certiora i. Sec. 41. Be it further enacted, that the ministerial officers of the mayor's court shall be the marshal and policemen of the City of Fairmount, to whom all orders and final processes shall be directed. All of said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such and other duties connected with said court as may be required of them by the mayor. Officers of mayor's court. Sec. 42. Be it further enacted, that the mayor and aldermen 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 the court of said city; also all other

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ordinances that they may deem necessary to preserve order, suppress crime and immorality, or to prevent idleness, vagrancy, or loitering in said city, not in conflict with the constitution and laws of the State of Georgia. Powers of mayor and aldermen as to ordinances, etc. Sec. 43. Be it further enacted, that the rules of practice in the mayor's court, so far as practicable, shall be the same as the rules of practice in the superior courts of this State, including rules of evidence, All officers shall be legal witnesses on trial. Practice in mayor's court. Sec. 44. Be it further enacted, that all male residents of said city between the ages of twenty-one and fifty years, who have resided in said city for thirty days, shall be subject to work the streets of said city, unless he proves to the satisfaction of the mayor and aldermen that he has performed street or road duty elsewhere for the calendar year, not to exceed ten days in each year, or pay a commutation tax in lieu thereof, not to exceed seven dollars, as the mayor and aldermen may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received a notice from the marshal or other police officer to do so, such person may be sentenced by the mayor to serve a term in the city or county jail, not to exceed fifteen days, or to be fined not to exceed twelve dollars and fifty cents, either or both, in the discretion of the mayor. Work on streets; commutation tax. Penalty. Sec. 45. Be it enacted, that the mayor and aldermen shall have the authority and power to co-operate as provided in this section with the authorities of Gordon County in the construction, repair, and improvement of any roads, streets, and street pavement on any streets or roads within the corporate limits which form a part of a county or State system of highways. The mayor and aldermen are authorized to enter into a contract with the authorities of said county for the construction and improvement of streets, street pavement within the corporate limits which form a part of a county or state system of highways, at

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the joint expense of the County of Gordon and the City of Fiarmount, with such division of the expense, and on such terms and conditions, as may be agreed on between said Gordon County and the City of Fairmount; the wotk in such case, to be done either by the said county or the said city, or by a contractor employed either by the said city or said county or jointly by the county and city, as may be agreed upon by the county and city. If the work is done by the county or city or by a contractor employed by either the county or city, 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 the City of Fairmount are constructed, improved, or paved under the provisions of this section, the mayor and aldermen shall have and may exercise any power provided in this charter or ordinances for the assessment of any part of the cost of the construction, 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 City of Fairmount alone. Co-operation with county in street and road work. Sec. 46. Be it further enacted, that the mayor and aldermen shall have the right and authority, in conjunction with the commissioner of roads and revenues of Gordon County, to build or buy a building, within the corporate limits, to be used for city and county purposes jointly. Said mayor and aldermen shall have the right to invest in said building with said county without holding title to equity. Building to be used by city and county. Sec. 47. Be it further enacted, that the mayor and aldermen shall have the power and authority, at any time they deem necessary, to appoint a park commission, and shall, by proper ordinances, prescribe the manner of election, term of office, and duty. Park commission. Sec. 48. Be it further enacted, that the mayor and aldermen have full power and authority to levy and collect

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an ad valorem tax, not to exceed one per cent., upon all property, real and personal, within the corporate limits of said city, which is taxable under the laws of this State, and provide the manner in which same shall be collected. Ad valorem tax. Sec. 49. Be it further enacted, that should any person fail or refuse to pay the tax or license imposed by the city authorities according to this charter, within the time allowed or prescribed by the ordinance of said city, the city clerk and treasurer shall issue an execution against such delinquent tax payer for the amount due by him to the city, which shall be signed by the city clerk and treasurer in his official capacity, and bear test in the name of the mayor and the aldermen of the City of Fairmount. Tax executions. Sec. 50. Be it further enacted, that said executions shall bind all the property of that said defaulting taxpayer owned in said city on the first day of March in the year for which such taxes are due. Said executions shall be directed to and enforced by the marshal or other police officer of said city, who, after levying the same upon the property of such defaulting taxpayers, shall, if the property be personal property, advertise the sale by posting notice in three of the most public places of said city ten days before the date of sale; and if the property be real estate, he shall advertise the same once a week for four weeks in the official organ of Gordon County, before selling the same. All sales under such executions shall be made by the city marshal or his deputy before the door of the city hall, or at such places as may be prescribed by city ordinances, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal or his deputy at public outcry, to the highest and best bidder. Where the sale is of personal property, the marshal shall deliver possession thereof to the purchaser. When real estate is sold the marshal shall make to the purchaser a deed, which shall be as effectual in passing title as the deed against whom the execution is issued, and it shall be the duty of such marshal, upon application of the purchaser or his

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agent, to put said purchaser or agent in possession of the real estate sold. Levy and sale. Sec. 51. Be it further enacted, that the city clerk and treasurer shall be entitled to fifty cents for each fi. fa. issued, and the marshal to the same fees for levies as are hereby allowed the bailiffs in this State, and to the same fees for selling as are requred by sheriffs for selling property in this State provided, the mayor and aldermen may by ordinance provide for all such costs to go into the city treasury, and pay the city clerk and treasurer and marshal or his deputy a regular salary for their whole duty to the city. Fees for fi. fas., levy and sale. Sec. 52. Be it further enacted, that the mayor and aldermen of said city shall have power and authority to prescribe by ordinance the time and manner in which all persons shall return for taxes of all property of every kind and nature, and also prescribe when all business and occupation tax and license shall be paid to the city. Tax returns. Sec. 53. Be it further enacted, that the mayor and aldermen shall have power and authority each year, if in their discretion they see proper, to appoint three tax-assessors, whose duty it shall be to value the real estate in said city for taxation, and to scrutinize carefully each return of property, real and personal, by taxpayers of the city; and if in their judgment they shall find the property embraced in their return, or any portion of it returned below its proper value, they shall assess the value thereof. That whenever the assessors shall raise the valuation at which the taxpayer has returned his property, they shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, within ten days after notice, to have the matter left to three disinterested freeholders, residents of the city, one of whom shall be elected by him, one by the assessors, and the third by those two selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The mayor and aldermen are also given authority

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to fix the compensation of the said tax assessors, and also pass such ordinances bearing on the question as they may deem proper. Tax assessors. Sec. 54. Be it further enacted, that said mayor and aldermen shall have authority to establish a city jail, and provide regulations for the same, in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the city laws or ordinances, or any penal section of this charter, and for the safe detention of all disorderly persons committing or attempting to commit crimes; and the marshal or any policemen of the city, shall have the right to take up all disorderly person or persons and confine them in the city jail to await their trial. Jail. Sec. 55. Be it further enacted, that the mayor and aldermen shall have full power to regulate the running of railroad trains within the city limits, and to prescribe the manner in which same may be run and the rate of speed of the same. Regulation of railroad trains. Sec. 56. Be it further enacted, that the mayor and aldermen of said city shall have power and authority to order elections at various times to determine the issue of bonds, and to issue bonds in accordance therewith, for all public improvements as they may deem necessary; that they may bond for the purpose of waterworks and sewer systems of the city; to erect a city hall where the public business of the city shall be transacted; to curb and pave the streets, and for such other public improvements as they may deem proper, and shall provide how the public debt of the city shall be paid, and may constitute such sinking-fund for that purpose, if they may deem it necessary. Bond issues. (a) That the mayor and aldermen of said city are hereby authorized and empowered to levy, assess, and collect annually a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on such bonds as they shall become due. This tax shall be separately assessed, levied, and collected for

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the specific purpose herein designated, and shall not be used or applied to any other purpose whatever. Said mayor and aldermen are hereby authorized and empowered to issue interest coupons payable annually for the interest on said bonds. Any money remaining on bonds received and collected under this Act, after the payment of maturing interest coupons and bonds each year, shall be held by the mayor as a sinking-fund for the payment of the bonds and interest maturing the next year. Tax to pay bonds. Sinking fund. (b) That said bonds shall be signed by the mayor and the city clerk and treasurer, and registered, and sold in such manner and in such sums and at such times as the mayor and board of aldermen may determine for the best interest of said city and the speedy execution of the objects of this Act. Registration of bonds. Sec. 57. Be it further enacted, that the mayor and aldermen of the City of Fairmount shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, avenues, alleys, sidewalks, crossings, or other passageways of said city, and shall have the power to vacate, close up, open, alter, grade and fill, curb, pave, drain, and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining the same, and shall also have the power of curbing and paving the whole or any part of any street, avenue, alley, sidewalk, crossing, or other passageway of the city. They shall also have power to prescribe by ordinance for the curbing, paving of all squares triangles, and intersections of said city, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given and when the work shall be completed, to supervise the construcion of the same, and have power to reject any work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, side-walk, street-crossing and railroad-crossings, or other passageways

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to be paved, in such manner, with such material as they may determine by resolution or ordinance. One third of the expense of paving the streets shall be borne by the city and the other two thirds by the abutting-property owners in just proportion to the foot frontage of their property thereon. Whenever the mayor and board of aldermen shall determine to pave any street, avenue, alley, sidewalk, street-crossing and railroad-crossings, or other passageway in said city, they shall require the city clerk and treasurer to notify all persons in writing owning property abutting or fronting thereon of such intention, together with a statement of the amount assessed against said property therefor; and the said city shall at once proceed to do said paving, or cause it to be done; and when the same is complete, it shall be the duty of the said property-owner to pay into the treasury of the city, within twenty days after said work is completed, the amount so assessed against their property, and in case any property-owner shall fail or refuse to do so, the city clerk and treasurer is authorized and empowered to issue instanter an execution against said owner and against said property, which shall be a lien on said property, superior to all other liens except liens for taxes, and said execution shall be levied on said property by the marshal or his deputy, and the same advertised and sold at public auction in conformity to the laws of this State governing the sales of property under judgment and execution by sheriffs. Said marshal or deputy shall make to the purchaser a good and valid deed thereto, conveying titles as fully as the sheriffs of this State are authorized to do at public sales under judgment and execution. The City of Fairmount shall have full right to bid on and purchase said prcperty at said sale, if it chooses to offer the highest bid therefor; whereupon said deed shall be made to said city, said marshal or his deputy being authorized and empowered to proceed at once to dispossess said owner, and put the purchaser at said sale in possession. Whenever two thirds of the property-owners on any street, square, avenue, or block shall petition the mayor and aldermen to pave, curb,

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or otherwise improve the street, square, avenue, block on which they own real property, it shall immediately, on filing such petition with the city clerk and treasurer, become the duty of the mayor and aldermen to do such improving under the terms of this section Street improvements. Notice to property owners. Execution for assessment; levy and sale. Petition for paving. Duty to pave, etc. (a) That the mayor and aldermen of the city have full power and authority to levy and collect an ad valorem tax, or a special street tax, upon all property, real and personal, within the limits of said city for the purpose of paving the city's one-third of the paving expenses referred to, which said tax shall be collected in the same manner as is provided in this charter for the enforcement and collection of taxes. Tax to pay city's part of paving expenses. (b) The mayor and aldermen of the City of Fairmount shall be treated as the owner of all street-crossings for the full width of the street in each direction, and the proportionate cost of paving the crossings of any street or alley shall be borne by the city and not assessed against the owners of property abutting the street or alley improved. The said mayor and aldermen shall also be treated as the owner of all squares, parks, and other property belonging to said city, and the mayor shall have authority to sign petitions in regard to the improvement of the same in connection with this section. City's part of cost of paving. (c) In all cases where the proposed improvement is to include sidewalks, all expense for sidewalk improvement shall be separate from the expense of the street improvement, and contract therefor shall be separate from the contract for the street improvement, except that it shall be permissible for the street pavement and the sidewalk pavement to be provided for in one and the same contract, provided 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-land owners in the proportion that each owner's front footage bears to the whole front footage of sidewalk construction. Sidewalks.

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(d) That the mayor and aldermen of said city are given the power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and forgoing section and subsections relating to paving, as to them may be deemed to the best interest of the city and which shall not be in conflict with the constitution and laws of the State of Georgia. Paving ordinances. Sec. 58. Be it further enacted, that the mayor may impose such fines or punishments as in his discretion he may think best for the violation of the laws and ordinances of said city; provided, no fine shall exceed the sum of one hundred dollars, or the punishment inflicted shall not exceed imprisonment in the city or county jail for a space of time not to exceed thirty days, either or both in his discretion. Punishments. Sec. 59. Be it further enacted, that the mayor and aldermen shall have the power and authority to act as a city planning commission, in that they shall have power and authority to designate certain streets or places for the conduct of certain business; that they shall have full power and authority to designate locations for slaughter-houses, blacksmith-shops, tan-yards, sales-stables, steam-mills, grist-mills, oil-mills, fertilizer-plants, ginneries, ware-houses, garages, filling-stations, planing-mills paint-shops, bakeries, laundries, coal-yards, lumber-yards, and businesses of like nature; this remedy being cumulative to those now allowed by law. That the mayor and aldermen are given the full power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purpose and intent of the above section, as to them may be deemed to the best interest of the city, and which shall not be in conflict with the constitution and the laws of the State of Georgia. Powre to regulate location of buildings, etc. Sec. 60. Be it further enacted, that the provisions of this charter may be pleaded and shall be a defense to any action brought against the mayor and aldermen of the

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city of Fairmount, or either of them, under accordance with the provisions and ordinances passed in pursuance thereof. Charter provisions, defense to action against city. Sec. 61. Be it further enacted, that this act shall not abolish any of the ordinances now in force in said city, except where they come in conflict with this charter, but shall reserve and continue the same. Ordinances not abolished by this Act. Sec. 62. Be it further enacted, that all other acts heretofore approved by the General Assembly relating to the City of Fairmount, except that such part or parts thereof as may be in conflict with this act, be and they are hereby continued in operation, confirmed, and consolidated with and made a part of this Act. Acts continued in force. Sec. 63. Be it further enacted, that if any section or subsection of this Act is held illegal, it shall not invalidate any other section or subsection of this charter. Act not invalidated by illegal part. Sec. 64. Be it further enacted, that the mayor and two aldermen, or, in the absence of the mayor, three aldermen shall, for all purposes under this charter, constitute a quorum for the transaction of any and all business, whether legislative or judicial. The mayor and aldermen may hold monthly or semi-monthly meetings as they may decide upon by ordinance at their first regular meeting in January after their election, but their failure to meet in accordance with said ordinance shall not invalidate this charter. Meetings of mayor and aldermen: quorum. Sec. 65. Be it further enacted, that the salaries of the mayor and aldermen of the City of Fairmount shall be fixed by the mayor and aldermen at the first regular meeting in January in each year, which salary shall not be increased or diminished during the year in which said salaries are fixed; Provided, however, that the salary of the mayor shall not be more than ($75.00) seventy-five dollars per year, and that the salary of the aldermen shall not be more than ($48.00) forty-eight dollars each per year. Salaries of mayor, etc.

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Sec. 66. Be it further enacted, that this Act shall not become effective until five days after the ratification of the same by a majority of the qualified electors of said city, voting in said election. Referendum as to adoption of Act. (a) The mayor and aldermen shall have authority to call the election for said purpose, which shall not be later than sixty days from the approval of this Act by the Governor, said election shall be conducted in accordance with provisions heretofore made in this Act. (b) Should any one desire to contest said election, the same shall be done within five days from date of the election, in accordance with the provisions heretofore made for such purposes. Contest of election. Sec. 67. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. FAYETTEVILLE TREASURER'S BOND. No. 257. An Act to amend the Act approved August 21, 1911, incorporating the City of Fayetteville, by providing for the bond to be given by the treasurer of said city; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 21, 1911, incorporating the City of Fayetteville, be and the same is hereby amended by adding after section 10 of said Act a new section to be known and designated as section 10A, and to read as follows: Sec. 10A. Be it further enacted by the authority aforesaid that the treasurer of said city shall give bond for the faithful performance of his duties, and to account for all

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moneys received by him from whatever source. Said bond shall be signed and executed by said treasurer as principal, and by a surety company doing business in this State, and complying with the laws of this State, as surety. Said bond shall be payable to the City of Fayetteville, and shall be approved by the mayor of said city, and shall be in double the amount of all funds belonging to said city, from whatever source derived. Provided, that in all cases the premium or cost of executing said bond shall be paid by the City of Fayetteville. Provided further, that if any treasurer shall fail or refuse to make the bond required by this section within ten days the mayor of said city shall declare his office vacant, and the mayor and council shall elect a new treasurer, who shall be subject to all the provisions of this section. Treasurer's bond. 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, 1927. FICKLEN CHARTER REPEALED. No. 115. An Act to repeal an Act entitled An Act to incorporate the Town of Ficklen in Wilkes and Taliaferro Counties; to define its limits; to provide for a mayor and council and other officers of said town; to prescribe their duties and powers; and to provide for all matters of municipal concern; and for other purposes, approved August 22, 1907. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act entitled An Act to incorporate the Town of Ficklen in Wilkes and Taliaferro Counties, to define its limits; to provide for a mayor and council and other officers of said town;

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to prescribe their duties and powers; and to provide for all matters of municipal concern; and for other purposes, approved August 22, 1907, be and the same is hereby repealed. Repeal of charter. Approved August 3, 1927. FITZGERALD CHARTER AMENDMENTS. No. 181. An Act to repeal sections 2 to 15, both inclusive, of an Act approved August 4, 1925, entitled An Act to amend section 97, and the Act amending section 97, approved July 31, 1918, and the Act amending said sections, approved August 3, 1920, of the existing charter of the City of Fitzgerald, which charter was approved August 17, 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 17, 1914, so as to authorize and empower said City of Fitzgerald, 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 portion 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 benefited 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

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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 impose punishment as for a misdemeanor on any one 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 [Illegible Text] the City of Fitzgerald's share of the expenses of said improvements; to authorize said mprovements 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 purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, and fifteen of the Act approved August 4, 1925, entitled An Act to amend section 97 and the Act amending section 97, approved July 31, 1918, and the Act amending said section, approved August 3, 1920, of the existing charter of the City of Fitzgerald, which charter was approved August 17, 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 17, 1914, so as to authorize and empower said City of Fitzgerald, 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; to assess the cost of making such improvements in whole or in part against the abutting property and its owners benefited thereby and to provide for a board of assessors

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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 other wise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor on any one using such funds for any other purpose; to 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 Fitzgerald's share of the expense of said improvement; 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 purposes, be and the same are hereby repealed. Repeal of section 2 to 15 (inclusive) of Act of 1925. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall not be construed as affecting, modifying, or repealing any of the provisions of section 69 of the existing charter of the City of Fitzgerald as contained in the Act approved August 17, 1914, but all of the provisions, powers, and authorities contained in section 69 of the Act approved August 17, 1914, be and they are here by declared to be and remain in full force and effect; and nothing in section one (1) of this Act shall be construed to repeal any part of the charter referring to school tax, but said section pertaining to school tax shall remain in full force. This Act not to affect section 69 of charter, or to repeal part pertaining to school tax. 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 11, 1927.

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FITZGERALD FIREMEN AND POLICEMEN. No. 178. An Act to amend sections 50 and 72 of the existing charter of the City of Fitzgerald, which charter was approved August 17, 1914, and all Acts amendatory thereof, so as to provided that the patrolmen or policemen of said city shall serve for one year, subject to be removed at any time during such period at the pleasure of the Mayor and council of said city; and so as to provide that the firemen of said city shall serve for a period of one year, subject to be removed at any time during said period at the pleasure of the mayor and council 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 section 50 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and as amended by section 4 of the Act approved July 31, 1918, be and the same is hereby amended by inserting in said section, immediately following the words, They shall serve for one year, the following words, to wit: subject to be removed at any time during such period at the pleasure of the mayor and council of said city, so that said section when amended shall read as follows: Removal of policemen and firemen. Sec. 50. Be it further enacted by the authority aforesaid, that such patrolmen or policemen as may be needed by the city shall be elected by the mayor and council. They shall serve for one year, subject to be removed at any time during such period at the pleasure of the mayor and council of said city, and shall receive a salary to be fixed by the mayor and council, and all men when on duty as policemen shall wear a regulation uniform to be adopted by the chief of police and a committee of council, and paid for by the city. Said uniforms must not be worn when not on duty. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, that section 72 of the existing charter of the City of

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Fitzgerald, as contained in the Act approved August 17, 1914, be and it is hereby amended by inserting in said section immediately following the words, The term of office of such chief shall be for one year, unless removed for cause by the mayor and council, the following words, to wit: and such firemen shall serve for a period of one year subject to be removed at any time during said period at the pleasure of the mayor and council of said city, so that said section when amended shall read as follows: Removal of fire chief. Sec. 72. Be it enacted by the authority aforesaid, that at the first regular meeting of mayor and council each year, they shall elect a chief of the fire department, and as many firemen as may be necessary for the conduct of the fire department. Said chief shall take and subscribe an oath that he will faithfully discharge to the best of his ability his duties as such chief, and the firemen shall respectively take a like oath. It shall be the duty of the chief and the firemen to make quarterly inspection of all poles and lights in the city, to see that they are safely erected, and to report to the chairman of the water and light commission and to the mayor any defect that they may find, with such recommendation as the chief may see proper to make. The chief shall examine all flues and chimneys in the city when he is required to do so by the mayor and council, and discharge such other duties connected with the office as may be required by the mayor and council. The term of office of such chief shall be for one year, unless removed for cause by the mayor and council; and such firemen shall serve for a period of one year, subject to be removed at any time during said period at the pleasure of the mayor and council of said city. The salaries of the chief of the fire department and firemen shall be fixed as provided by ordinance. Section as amended. 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, 1927.

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FITZGERALD PRINTING, PUBLIC GAZETTE. No. 252. An Act to amend an Act chartering the City of Fitzgerald, Ben Hill county, Georgia, approved August 22, 1907, and all Acts amendatory thereof, with reference to the city printing, with reference to the selection of some public gazette and the designation of same as the official organ for said city; and for other purposes. Section. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act chartering the City of Fitzgerald, Ben Hill County, Georgia, approved August 22, 1907, and all acts amendatory thereof, be and the same are hereby amended by striking from section 92 of said Act the following: Be it further enacted by the authority aforesaid, that the mayor and council of said city shall contract with the publishers of some public gazette published within said city, for the publication of their ordinances and advertisements, which said contract shall be awarded to the lowest and best bidder, and inserting in lieu thereof the following: Be it further enacted by the authority aforesaid, that the mayor and council of said city shall designate for the full year 1928 the Leader-Enterprise and Press as the official organ for said year for said city, in which said gazette the ordinance and advertisements of said city shall be published for and during said year; and shall for the year 1929, if such paper be in existance, so designated the Fitzgerald Herald; and shall so designate for the year 1930 the Leader-Enterprise and Press, if such paper be in existence; thus alternating between said two newspapers the city printing; and shall continue to so alternate the years thereafter; and shall, through the regular channel through which bills of said city are paid, pay to the publisher of such paper as is designated as the official organ for such printing, provided, however, that the Mayor and Council of the City of Fitzgerald, Georgia, shall by ordinance duly passed, fix legal rates for

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said advertisements provided, however, that no rates fixed shall exceed that of legal rates for county advertising, so that said section read amended as follows, to wit: Newspapers designated as official organs of city. Advertising rates. Be it further enacted by the authority aforesaid, that the mayor and council for said city shall designate for the full year 1928 the Leader-Enterprise and Press as the official organ for said year for said City, in which said gazette the ordinances and advertisements of said city shall be published for and during said year; and shall for the year 1929, if such paper be in existence, so designate the Fitzgerald Herald; and shall designate for the year 1930 the Leader-Enterprise and Press, if such paper be in existence; thus alternating between said two newspapers the city printing; and shall continue to so alternate the years thereafter; and shall, through the regular channel through which the bills of said city are paid, pay to the publisher of such paper as is designated as the official organ for such printing the legal rates fixed by the said city council. And the said Mayor and Council shall by ordinance provide for the monthly publication in such public gazette a full statement of the receipts and disbursements of the city, giving the names, to whom, and on what account the disbursements are made. Section as amended. Sec. 3. Be it further enacted that all laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1927. FORT VALLEY STREET IMPROVEMENTS. No. 389. 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,

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approved August 22, 1907, and the acts amendatory thereof, so as to authorize and empower the City of Fort Valley, through its mayor and city council, to improve its streets, sidewalks, squares, and alleys by paving, repaving, macadamizing, curbing, guttering and draining, including the installation of manholes, catch-basins, and the necessary drainage-pipes, and to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other public places in the City of Fort Valley; to provide for the procedure for such grading, improving, and paving; and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting and adjacent property owners on the basis of 10 per cent. yearly for ten years; to provide for the issuance of bonds therefor, to be known as Fort Valley Street-Improvement Bonds, and the manner of collecting and of disposing of said bonds; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act entitled An Act to 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 the Acts amendatory thereof, be and the same are hereby amended as follows: Sec. 2. Be it further enacted that said City of Fort Valley, by its Mayor and City Council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Fort Valley, and to improve the same by curbing, paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare

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may require such improvements, subject only to the limitations described in this Act. Street improvements. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said City of Fort Valley, by its mayor and city 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 Fort Valley, said City of Fort Valley, by its mayor and city council, shall by resolution or ordinance declare such work or improvement necessary to be done, and such resolution or ordinance shall be published once a week for two consecutive weeks in a daily or weekly newspaper published and having a general circulation in the City of Fort Valley; 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, alley, lane, or highway, shall not within fifteen days after the last publication of such resolution or ordinance file with the clerk of the said Mayor and City Council of Fort Valley their protest in writing against such improvement, then said City of Fort Valley, by its mayor and city council, shall have power to cause such improvements to be made, and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or other highway separately, except when treated as one project, as hereinafter provided. Provided, however, that if the owners of more than one half of the front feet of the land liable to assessment for any such improvement shall petition the City of Fort Valley 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 Fort Valley by its mayor and city

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council to promptly cause the said improvement to be made in accordance with the prayer of said petition, the type of improvement, curbing, guttering, or sidewalk, the width of same, and the materials to be used to be determined by the Mayor and City Council of Fort Valley, 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. Ordinance declaring necessity of improvement; publication. Objections. Petition for improvement. Duty to cause improvement made. 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 on his particular street or continuous street improvement in one project, according to the linear frontage of the property owned by each property owner on the portion of the street or streets improved; provided, that the City of Fort Valley, by its mayor and city council, may in its discretion in the foregoing resolution or ordinance provide that the frontage of intersecting streets, avenues, alleys, or lanes shall be assessed as real estate abutting upon the street, alley, lane, or avenue paved or otherwise improved, in which case said City of Fort Valley shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue or project, and shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, avenue, or other project, and shall pay from the city treasury a just pro rata of the entire cost of said work or improvement for the said frontage, such payment to be made out of the general fund of the City of Fort Valley accruing from taxes collected during the current year, or other sources

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of current revenue; and provided further, that the City of Fort Valley may at any time and in the manner provided by law hold a bond election for the purpose of raising such amount as may be necessary to defray the pro rata share of the City of Fort Valley in any paving project provided for in this Act, and to reimburse to the fund such sum or sums as may have been withdrawn therefrom as herein provided. Provided, however, that the paving of any sidewalk or sidewalks shall not necessarily be included in any general paving project and the cost thereof pro rated as in this Act provided, but all sidewalk paving may be done separately and apart from a general paving project, and the entire cost thereof levied and assessed against the abutting property. Mode of assessment. 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 Fort Valley, by its mayor and city council, shall have determined to curb, pave, or improve any street, avenue, lane, or alley or other public place, and shall have passed the resolution or ordinance provided for in section 3 of this Act, the said City of Fort Valley, by its mayor and city council, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the entire cost of such improvement, and to cause to be put in and constructed all water, gas, or sewerpipe in and underneath the streets, avenues, lanes, alleys, and all other public places where such public improvements are to be made, or any storm sewerage or drainage installation which may be necessary collaterally to care for the proper drainage of any paving project or projects provided for in this Act, and all cost and expense thereof 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. Authority as to ordinances. Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or

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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 Fort Valley, by its mayor and 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 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 Fort Valley 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 resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid and shall state the time when and the place where

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such sealed proposals shall be filed, and when and where the same will be considered by said City of Fort Valley. 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 Fort Valley. At the time and place specified in such notice the City of Fort Valley, by its mayor and city council, shall examine all bids received, and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said City of Fort Valley 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 readvertise for other bids when any such are not in its judgment satisfactory; provided, however, that the City of Fort Valley in submitting proposals for bids shall have full right and authority to decide upon any one or more different types of paving and kinds of materials, reserving full right to contract for the type of paving and materials to be used as, in the opinion of the Mayor and City Council of Fort Valley, may be for the best interest of the City of Fort Valley, and being authorized to reject any and all bids submitted; it being the purpose of this provision to enable the City of Fort Valley to defer the determination of the type of paving and the materials to be used until after proposals shall be received upon the various types thereof. Resolution as to contract, etc. Advertisement for bids. Award of contract. Sec. 7. Be it further enacted, that as soon as the said contract is let and the cost of such improvements, which shall include all other expenses incurred by the City of Fort Valley, its mayor and city council, shall by resolution appoint a board of appraisers consisting of its agent or engineer, the clerk of the said city, and a member of the board of tax-assessors, to appraise and apportion the cost and expense of the same to the several tracts of land

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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 of the several lots and tracts of land abutting on such street, streets, alleys, lane, avenue, or other public place so improved, with the clerk of said city. When said report shall have been returned and filed, the said city shall appoint a time for the holding of a session of its mayor and city council, or shall designate a regular meeting of its mayor and city council for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment, and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the clerk of said city at least once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in said city, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said mayor and 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 or as corrected by said mayor and city council. Assessments in conformity to said appraisement and apportionment as confirmed by said mayor and city council shall be payable in ten equal installments, and shall bear interest at the rate of 7% per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said mayor and city 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 Peach County, duly certified as correct by the clerk of the mayor and

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city council of Fort Valley; and when so recorded, the charges assessed against the various parcels of land shall become a first lien thereon, superior to all other lines except those to the State of Georgia, the Country of Peach, and the City of Fort Valley. Board of appraisers. Report of appraisers. Notice and hearing to property owners. Assessments, how payable. Record of assessment. Lien of assessment. Sec. 8. Be it further enacted by the authority aforesaid, that the first installment of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on September first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective 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 Fort Valley, and relieve their property from the lien of such assessment, which money so paid to said treasurer shall be disbursed pro rata between the contractor and the city in proportion to the respective interests. Installments of assessment. Option as to payment. 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, 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, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Date and rank of lien.

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Sec. 10. Be it further enacted by the authority aforesaid, that the said City of Fort Valley, by its mayor and city council, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessments, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said City of Fort Valley by its mayor and city council, shall determine, which bond or bonds shall in no event become a liability of the City of Fort Valley, or its mayor and city 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 September next succeeding the maturity of the first installment of the assessment and interest, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the 15th day of September in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding 7% per annum from their date until maturity, payable annually, and shall be designated as Fort Valley Street-Improvement Bonds, and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the City of Fort Valley by the mayor and attested by the clerk of the Mayor and City Council of Fort Valley, 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 City Council of Fort Valley. 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

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the said mayor and 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 other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said mayor and city council shall direct. Said bonds may be registered by the said clerk of the Mayor and City Council of Fort Valley in a book to be provided for that purpose, and certificates of registration by clerk of said Mayor and City Council of Fort Valley shall be indorsed upon each of said bonds. Street improvement bonds. Sale of bonds. Registration of bonds. Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Fort Valley, 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 fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of said treasurer, 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,

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and on or before the 15th day of September of each year, in case of a default in payment of such installment or assessment with interest, to issue an execution against the lots or tract of land assessed for improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the marshal of the City of Fort Valley, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement. And after advertisement and other proceedings as in case of sales for city taxes of said city, the same shall be sold at public outcry, as in other city tax sales, to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments or assessments with interest; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and when received by the city marshal shall be returned to the superior court of Peach 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 the said treasurer to publish said notice of the maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Collection of assessments. Notice of maturity of installments. 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 Fort Valley or its mayor and city council from making such assessment

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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 Fort Valley, by its mayor and city council, to adopt and publish the preliminary resolution or ordinance provided for in section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; Provided, that in the event any special assessment shall be found to be invalid or insufficient for any reason whatsoever, the said Mayor and City Council of Fort Valley may at any time, in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. Time limit of suit to set aside or enjoin assessment. Sec. 13. Be it further enacted by the authority aforesaid, that in all cases where the City of Fort Valley, by its mayor and city council, shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which had not 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; it not being the intention of this Act to repeal any present or existing laws for the paving or improving the streets of Fort Valley, but it is intended for this Act to be cumulative as to all such improvements in said City. Repaving etc. Sec. 14. Be it further enacted by the authority aforesaid, that the publication of all notices in a daily or weekly newspaper called for in this Act shall be the number of days therein specified, exclusive of Sundays and legal holidays. Exclusion of Sunday, etc., from days for notice.

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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 Fort Valley as herein set out, or the mayor and city council of said city pass the resolution or ordinance provided for in section 3 of this Act, for the pavement of any said street, sidewalk, 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 ordinary of Peach County sitting for county purposes is authorized to sign in behalf of the County; and where the City of Fort Valley is the owner, the mayor of Fort Valley is authorized to sign in behalf of the City. Assessment where State or county is owner of property. Sec. 15. Be it further enacted, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 25, 1927. GLENNVILLE SALE OF UTILITIES; REFERENDUM. No. 102. 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 4, 1923, and by the Act approved July 27, 1925, so that the city clerk shall be elected by the city council; and to provide for the rent, lease, or sale of the electric-light plant and waterworks system of said city; and for a referendum for said sale, lease, or rental; 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 passage of this Act the charter of the City of Glenville, Georgia, as approved August 21, 1911, and as amended August 4, 1923, and July 27, 1925, be and the same is hereby amended as follows: Sec. 2. The Mayor and Council of the City of Glennville are hereby 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 and waterworks system, in whole or in part, with all 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, in whole or in part, and to convey good and clear title thereto by deed of the city executed by its mayor. Authority to sell public utilities. Sec. 3. Be it further enacted by the authority aforesaid, that section 3 of this Act shall not become effective, nor shall the said mayor and council exercise the power herein delegated, unless and until such sale or lease shall have been authorized 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 passage of this Act. Said election shall be held not less than twenty (20) days after it is called, and notice thereof shall be given in the nearest newspaper at least twice, and the same rules shall govern the holdings of said election as other city elections. Referendum as to adoption of Act. Sec. 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1927.

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GORDON TAX-ASSESSORS; APPOINTMENT. No. 193. An Act to amend an Act establishing a charter for the City of Gordon, approved August 21, 1916, by amending paragraph four, section 28, page 737 of said Act by striking that part which provides that the tax-assessors shall be elected by the people, and make same appointive by the mayor and councilmen. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that paragraph 4, section 28, of an Act approved August 21, 1916, creating and establishing a new charter for the City of Gordon, be amended by striking the first three lines of said paragraph 4, section 28, and substituting in lieu thereof the following: (4) Said City may provide a board of tax-assessors, who shall be appointed by the mayor and councilmen annually, and whose compensation shall not exceed five ($5) dollars, so that when said section 28, paragraph 4, is amended the same will read as follows: (4) Said city may provide a board of tax-assessors, who shall be appointed by the mayor and councilmen annually, and whose compensation shall not exceed five ($5) dollars per day when officially engaged; who shall assess for taxation the value of all property, real and 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 contempts; such attachments to be returned to the police court, and the offenders, if convicted, to be punished as if in contempt of said court. Tax-assessors to be appointed by mayor and council. Sec. 2. Be it further enacted, that all laws in conflict herewith be and the same is hereby repealed. Approved August 13, 1927.

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GREENVILLE STREET IMPROVEMENTS. No. 8. An Act to amend an Act of the General Assembly of Georgia approved September 12, 1887 incorporating the City of Greenville, Georgia, and the Acts amendatory thereof, so as to impower the said City of Greenville, Georgia (Mayor and Council of the City of Greenville Georgia), by and through its mayor and council, to establish and chane the grade of any streets, sidewalks, avenues, alleys, lanes, and other public places and public square in said city of Greenville, Georgia, and to improve the same by grading, paving, macadamizing, and draining: to assess two thirds of the cost of such grading, paving, curbing, improving, macadamizing, and draining said streets, avenues, alleys, lanes, public square, and other public places against of abutting property; to assess one half of the cost of grading, paving, macadamizing, improving, and draining of any sidewalks of said city against the owners of abutting property; to provide for the payment by said city of its pro rata share of such cost; to require railroads running through, on, or across said streets or sidewalks to improve and pave the same within their tracks and two feet on each side thereof; to provide for the procedure for such grading, paving, macadamizing, draining, and improving, and for the making and collection of assessments for same against the abutting-property owners, and to create a lien on such abutting property for its share thereof; to provide for the apportionment and collection by legal process of such assessment, and mode of making objection thereto; to provide for the issuing of bonds known as street-improvement bonds to be negotiated by the city or otherwise used in making provision for the payment of the cost of such improvement, said bonds to and no wise bind said city, but to based on the two-thirds assessment of said property abutting on any of the above improvements, and to be retired by said assessments alone; to provide for a special fund

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for the retiring of said bonds; to authorize said improvements to be made, and said paving and macadamizing to be done by said City of Greenville, Georgia, as herein provided, or in connection with any department of this State; to provide for the transfer of assessment fi. fas., and the handling 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 charter of the City of Greenville, Georgia (Mayor and Council of the City of Greenville, Georgia), Meriwether County, Georgia, which was approved September 12, 1887, and Acts amendatory thereof, be and the same is hereby amended as follows: Sec. 2. Be it further enacted by the authority aforesaid, that the City of Greenville, Georgia, 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, public square, or other place in said City of Greenville, Georgia, and to improve any street, sidewalk, avenue, alley, lane, public square, or other public place or any portion thereof in said town, as hereinafter provided by paving, repaving, curbing, guttering, macadamizing, and draining the same, and such other form of improvement as to said mayor and council may seem proper, including the installation of manholes, catch-basins, and drainage-pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Authority as to street improvements. Sec. 3. Be it further enacted by the authority of aforesaid, that one half of the total cost of grading, paving, repaving, or improving a sidewalk or any portion thereof in said city 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 city; provided, that when said sidewalks in said City shall be paved, repaves,

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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. Assessments. 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, public square, 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, public square, 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 city. Provided, however, that when any street, avenue, alley, lane, public square, or other public place in said city 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 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, catch-basins, 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, public square, 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;

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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 city. Mode of assessment. Sec. 5. Be it further enacted by the authority aforesaid, that said mayor and council of said city 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, alleys, public square, and other public places where such public improvement are to be made, and all cost 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, public square, 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. Pipe connections. 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 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, avenue, lane, public square, or other public place directly in front of such owner of abutting property so paved, repaved, improved, or reimproved. Assessment by frontage. 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 sidewalk so paved or improved, the company, person, or corporation owning, 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

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or sidewalks that lies within such tracks and for the full width of two feet on each side of said track. Assessment of railroad company. Sec. 8. Be it further enacted by the authority aforesaid, that said City of Greenville, Georgia, by and through its mayor and council may grade, pave, repave, macadamize, improve or reimprove, widen, change, or extend any of the streets, sidewalks, alleys, lanes, avenues, public square, or other public place of said city including necessary curbing, drainage, or guttering, whenever in their judgment the public convenience and welfare may require such improvements, and said mayor and council may be ordinance provide for such improvements. Paving, etc. Sec. 9. Be it further enacted by the authority aforesaid, that 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 city, where the said sidewalk is to be constructed along any unpaved streets, avenues, or alleys, but said mayor and council may cause the said work to be done on such sidewalks in any manner it may designate by ordinance, without the letting of contracts 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 or public square, bids shall be received therefor and contract let as is provided in this Act for paving of streets or public square. Sidewalks. Sec. 10. Be it further enacted by authority aforesaid, that the ordinance authorizing the paving, repaving, improving or reimproving of any street, avenue, alley, lane, public square, 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

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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 city in which the advertisements for the sheriff's sales in Meriwether 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 square, 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 against the passage of said 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, public squares, 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, public square, or other public place, or part thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement, if any property owner or other person desires to make objection to the passage of said 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 said ordinance any person, company, or corporation subject to assessment for the cost of such improvement, who does not within ten days thereafter begin legal 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

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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. Ordinance authorizing paving, contents of. Publication of ordinance. Hearing of objections. Sec. 11. Be it further enacted by the authority aforesaid, that said mayor and council may be 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 said city 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 said city and all property-owners interested, against any loss or damage by reason of the negligence or improper executions of the work; and may require a bond in an amount to be stated in such ordinance, equal to at least twentyfive 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 city 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 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 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 City of Greenville, Georgia.

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The right is hereby expressly granted 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 said mayor and council 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, public square, 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. Ordinance providing for improvement. Advertisement for bids. Award of contract. Sec. 12. Be it further enacted by the authority aforesaid, that as soon as the said contract is let, and 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 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 city a written report of the appraisal and apportionment of such expense and cost, on the bases herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane, public square, 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

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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 City of Greenville, and said notice shall provide for the inspection of such returns by any property-owner or other party interested in such returns. The time fixed for such hearing shall not be less than five nor more than fifteen days from the date of 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 pavement, 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 assessments 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 assessments and interest thereon shall be fully paid. 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 lots or tracts for the assessment against any other abutting owner. That said assessments shall be paid in not more than ten equal annual installments, and the mayor and council are hereby empowered in their discretion to designate how said assessment shall be paid and when said assessment shall be paid. Said assessment shall bear interest at the rate of not exceeding

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seven per cent. per annum until paid, which interest may, 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 as said mayor and council may fix and determine. Apportionment of cost. Report as to apportionment. Hearing of objections. Notice of hearing. Assessing ordinance. Lien of assessment. Payment of assessment. Sec. 13. Be it further enacted by the authority aforesaid, that the first installment, or the total and entire assessments (depending upon the method of payment determined by the said mayor and council), together with the interest upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the mayor and council may in their discretion fix and determine, and other installments, together with the semi-annual or annual interest upon the amount remaining unpaid, shall be due and payable on the first day of December in each succeeding year, or at such other date or dates as the aforesaid authorities may fix and determine, until all of said assessments, including the interest thereon, shall have been paid; but the dates or date upon which said assessments and the interest thereon shall be required to be paid, and whether annually or semi-annually, and whether said assessment shall be paid in full or in one installment or extended for not over ten annual installments, shall be fixed by written resolutions and ordinance of said mayor and council 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 ordinance levying such assessments, without interest, thereby relieving such property from the liens of said assessment. Installments of assessment. Option as [Illegible Text] payment. Sec. 14. Be it further enacted by the authority aforesaid, that after the adoption of the ordinance provided for in sections twelve and thirteen of this Act, a written statement shall be furnished by the clerk of mayor and council of said town to each abutting owner, person, or

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corporation subject to be assessed as herein provided for, showing her, his, or its pro-rata part of such assessment, and notifying them as to how and when said assessments and the interest thereon shall be due and payable. The notice of assessments herein provided for shall be served personally upon each of said property-owners or the agent of such property-owners residing within the limits of said city; and where such owner or agent is a non-resident of said city, it will be sufficient service if said notice or statement be mailed to said property-owner or agent at the last post-office address of said owner or agents known to said clerk. In the event such owner or agents 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 assessment. Sec. 15. Be it further enacted by the authority aforesaid, that upon failure of any property-owner to pay any assessment herein levied, the City of Greenville (Mayor and Council of the City of Greenville) is authorized to issue its execution against such property-owners and such property for such sums as may be due, with interest, for such paving or 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. Execution for assessment; levy and sale. Sec. 16. Be it further enacted by the authority aforesaid, that any defendant in any such execution or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same 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 same affidavit shall be received for the balance); provided, that any such defendant who has not, within

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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 have also 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 city court of Greenville, 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 penalities provided by statute where affidavits of illegality are filed for delay. 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 in 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. 17. Be it 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 city before said transfer. Transfer of executions. Sec. 18. Be it further enacted by the authority aforesaid, that whenever the abutting-land owners of any street, avenue, alley, lane, public square, or other public place assessed for any or all of the improvements as provided for in this Act, and where the State or any of its political subdivisions thereof is the owner of any property abutting on said improvement, the frontage so owned is to be counted as owned by an individual, and shall be subject to

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the provisions of this Act as an individual and as other abutting-property owners. Assessment where State or county is owner of property. Sec. 19. Be it further enacted by the authority aforesaid, that the passage of the ordinance for any of the improvements provided for in this Act, together with the ordinance assessing the cost of 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 approval of such ordinance for such improvement, as full and complete as if the same were in the shape of an execution and entered on the docket of the clerk of the superior court of Meriwether County, Georgia, under the general registration laws of this State. Record of assessment. Sec. 20. Be it further 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 Greenville by written ordinance 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, 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 by reason of its isuing the same for the purposes herein specified. Not less than one tenth of the amount of such series of bonds, with the interest upon the whole amount of such series, shall become due and payable on the first day of January next succeeding date of the issuance thereof, and not less than one tenth of the amount of such issue of bonds, together with the interest, annual or semi-annual, upon the whole amount thereof remaining unpaid, shall be payable on the first day of January in each succeeding year, until all of said installments shall have been paid. Said bonds shall bear interest at not exceeding seven per cent. per annum from the date until maturity, which interest may be required to be paid annually or semiannually, as said mayor and council may determine, and shall be designated street-improvement bonds, and shall on their

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face recite the street or streets or other public place or places for the improvement of which they are payable exclusively from assessments which have been levied upon lots, parcels, and tracts of land, abutting upon the improvements, under the authority of this Act. Said bonds shall be signed by the mayor of said city and attested by the clerk and treasurer thereof, and shall have thereon the impression of the incorporate seal of said city, and shall have attached thereto interest coupons; and all bonds issued by virtue of this Act shall be payable at such place, either within or without the State of Georgia, as may be designated by said mayor and council. The proceeds of said bonds shall be applied to the payment of the contract price and other legal expenses incurred in making such improvements, or such bonds may be, in whole or in part, negotiated and delivered to the contracting person, persons, firm, firms, corporations, or corporation 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 said city and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements. Said bonds shall be registered by the clerk and treasurer of said city as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be indorsed upon each of said bonds. Street improvement bonds. Registration of bonds. Sec. 21. Be it further enacted by the authority aforesaid, that the assessment 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 date specified by said mayor and council in each year, together with interest thereon, to the clerk and treasurer of said city, who shall issue proper receipt therefor. The aforesaid officers of said city shall keep an accurate account of all such collections made, which shall be kept as a separate fund to be used and applied to the payment of such bonds

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and the interest thereon, and for no other purpose, and the mayor and council of said city 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. Collection of assessments. Sec. 22. Be it further enacted by the authority aforesaid, that the mayor and council is hereby authorized and empowered to levy and collect the annual tax of not exceeding one dollar on each two hundred dollars worth of property within the city subject to municipal taxation, in addition to the tax now authorized by law for street purposes, which shall be a separate fund to be used in defraying the city's share of the expenses for making the improvements authorized under this Act, which shall be collected in the same manner as other taxes of said city are collected. Tax to pay city's part of cost. Sec. 23. Be it further enacted by the authority aforesaid, that the mayor and council of said city 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 as to ordinances. Sec. 24. Be it further enacted by the authority aforesaid, that said mayor and council is authorized and empowered to make all the improvements provided for in this Act, independent of or in connection with the authorities of Meriwether County having 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. Co-operation with State Highway Department. 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 July 13, 1927.

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GRIFFIN WATERWORKS, ETC. No. 23. 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, approved July 21st, 1921, by granting to said municipality the right to lay, extend, operate, and maintain water-mains and electric-power lines outside of the city limits, and to engage in the business of supplying water and electricity to customers beyond the city limits; to authorize said city to rent or lease for a term of twenty years or to purchase and acquire a pumping-station, filter-plant, reservoir, and transmission line outside of the city limits to furnish water to the city mains, or to enter into a contract with the owner of any such pumping-station, filter-plant, reservoir, and transmission line, for the joint operation of such properties with the mains and distribution system of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the City of Griffin, in Spalding County, Georgia, is authorized to lay, extend, operate, and maintain water-mains and electric-power lines outside of the city limits, and to engage in the business of supplying water and electricity to customers beyond the city limits. Authority to supply water and electricity outside the city. Sec. 2. Be it further enacted, that said city shall have the power and authority to rent or lease for a term of twenty years, or to purchase and acquire, a pumping-station, filter-plant, reservoir, and transmission line or lines outside of the city limits, to furnish water to the city mains for the use of said city and its customers. Authority to acquire plant, etc., outside the city.

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Sec. 3. Be it further enacted, that said city shall have the power and authority to enter into a contract, for a period of twenty years, with the owner or owners of any pumping-station, filter-plant, reservoir, or transmission lines, for the joint operation of such properties with the mains and distribution system of said city. Authority to contract with owners of plant, etc., for joint operation. Sec. 4. Be it further enacted, that all laws or parts of laws in conflict herewith are hereby repealed. Approved July 19, 1927. HAPEVILLE CHARTER AMENDMENTS. No. 239. An Act to amend an Act to incorporate the City of Hapeville, Georgia, and for other purposes, approved September 16, 1891, and several acts amendatory thereof; to provide for the dividing of the City of Hapeville into four wards to be designated by an ordinance passed by the mayor and council, and to provide for one councilman from each ward and for one alderman from the city at large; to provide that in case the office of mayor or any member of council or alderman should become vacant by death, resignation, removal, or disqualification, the remaining members of council with the consent of the mayor, may appoint a new member to fill the vacancy until the next general election; and also to fix a street tax for women who desire to qualify to vote. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 3 of an Act entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, approved September 16, 1891, which section reads as follows: The legislative department of said city shall consist of a mayor and five councilmen, be and the same is hereby repealed, and there is hereby enacted in lieu of said section the following section: The legislative

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department of said city shall consist of a mayor and four councilmen and one alderman. Substitute for section 3 of charter. Legislative department of city. Sec. 2. Be it further enacted, that wherever the term mayor and council appears in said act of incorporation approved September 16, 1891, or in any of the acts amendatory thereof, said term shall include the alderman of said city. Alderman. Sec. 3. Be it further enacted, that the mayor and council shall have the right, by a proper ordinance, to divide the City of Hapeville into four wards, and to have one councilman elected from each ward and one alderman from the city at large. Said alderman, when elected, shall have the same power and authority as is now vested in each individual councilman of the city, the only difference being that said alderman shall be elected from the city at large, and the councilmen, from their respective wards. He may sit with the body at all meetings, and shall have the same rights, including the right to vote on any and all questions coming before the body, as a member of council. Wards; election and rights of alderman. Sec. 4. Be it enacted that said act of incorporation, approved September 16, 1891, be and the same is hereby amended by striking therefrom section 8 and substituting in lieu thereof the following; Section 8. If any vacancy shall occur in the office of mayor or alderman or any member of council by failure to elect, or by death, or resignation, or removal from the office or beyond the city limits, the remaining members of mayor and council, including the alderman, shall have power and authority to fill said vacancy by a majority vote; and when any vacancy is thus filled, the occupant thereof shall hold office until the next regular election. Substitute for section 8 of of charter. Vacancies. Sec. 5. Be it further enacted, that all female citizens, who desire to register and vote in any city election, shall be required to pay the same street tax as is required of male citizens of said city; but said street tax shall not be required or collected from any female citizen unless she desires to register and vote in some city election. When females are subject to street-tax.

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Sec. 6. Be it further enacted by the authority aforesaid, that the act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several acts amendatory thereof, be and they are hereby amended so as to extend the corporate limits of said City of Hapeville, and to provide that the corporate limits of said City of Hapeville as hereby amended shall embrace and include the following territory, to wit: Beginning at the present city limits of the City of Hapeville on North Central Avenue in a westerly direction from the point of beginning until it reaches the limits of the City of East Point; then turn thence and follow the eastern limits of the City of East Point in a southerly direction until it strikes the limits of the City of College Park, in Fulton County, Georgia; then turn thence and follow the limits of the City of College Park in an easterly direction to the Clayton County line; then turn thence in a northerly direction and follow the line between the Counties of Clayton and Fulton until it strikes the eastern line of land lot number sixty-five (65) in the fourteenth (14) district of originally Henry, now Fulton County, Georgia; then turn thence and follow the east line of land lots numbers sixty-five (65), sixty-six (66), sixty seven (67), and sixty-eight (68) in a northerly direction to the northeast corner of land lot number sixty-eight (68) in the fourteenth (14) district of originally Henry, now Fulton County, Georgia; thence in a westerly direction following the north line of land lots numbers sixty-eight (68), ninety-three (93), one hundred (100), and one hundred twenty-five (125) to the East Point city limits; thence southerly along the East Point city limits to North Central Avenue. New territory. Sec. 7. Be it further enacted by the authority aforesaid, that all rights, powers, privileges, immunities, and authority whatsoever vested, possessed, and enjoyed by said City of Hapeville under its present charter be and they are hereby extended so as to embrace and cover the territory embraced in the corporate limits of said City of Hapeville as hereby amended. Charter powers extended to added territory.

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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 15, 1927. HAWKINSVILLE BOUNDARY LINE. No. 220. An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902, fixing the boundary lines of said City of Hawkinsville, by striking from section 2 of said Act the words, and then down the run of Town Creek to the point where it crosses under the trestle of the Southern Railway Company, thence east along the line of said railroad across its bridge over the Ocmulgee River to the east of said river, and inserting in lieu thereof the words, and then down the run of Town Creek to the point where it crosses the north line of the right of way of the Southern Railway Company, thence east along the north line of said Southern Railway Company's right of way across and to the east bank of the Ocmulgee River, and by striking from section 2 of said Act the words, and Town Creek and the Southern Railway on the north, and inserting in lieu thereof the words, and Town Creek and the north line of the right of way of the Southern Railway Company on the north; and for other purposes. Section 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 18, 1902, creating a new charter for the City of Hawkinsville, be and the same is hereby amended by striking from section 2 of said Act the words, and then down the run of Town Creek to the point where it passes under the trestle of the Southern Railway Company, thence east along the line of said railroad across its bridge over the Ocmulgee River

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to the east of said river, and inserting in lieu thereof the words, and then down the run of Town Creek to the point where it crosses the north line of the right of way of the Southern Railway Company, thence east along the said north line of the Southern Railway's right of way across and to the east bank of the Ocmulgee River. And by striking from section 2 of said Act the words, and Town Creek and the Southern Railway on the north, and inserting in lieu thereof the words, and Town Creek and the north line of the Southern Railway Company's right of way on the north. Change of boundary. Sec. 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 15, 1927. HAZLEHURST STREET IMPROVEMENTS. No. 231. 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 18, 1919, and the subsequent amendment thereto, so as to authorize and empower said City of Hazlehurst, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, streets, footways, crosswalks, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, within the corporate limits of said city, and to assess the costs of making all such improvements in whole or in part against the abutting-property owners, and of its owners benefited thereby; to provide for the appointment 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 collection of a tax on all property in said city subject to municipal taxation, to be used in defraying the City of Hazlehurst's share of the expense of said improvements to be made and said paving and macadamizing to be done by said City of Hazlehurst 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 or acquiring same by the city, and for other purposes, so as to provide for the appointment of a board of appraisers to fix the assessments against the abutting-property owners for street improvements, for the public hearing of any objections to the fixing of said assessments, for the levying of said assessments, and the manner in which said assessments shall be paid; and to provide a limit of time within which any suit may be filed or sustained to set aside any such assessment or prevent the levying or collecting of such assessment or the issuing of bonds 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 section 63 and subsections thereof, designated as A, B, C, D, E, F, G, H, I, J, and K, of the Act approved August 8th, 1925, amending the Act of August 18th, 1919, 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, be and the same are hereby repealed, effective November 1st, 1927, and the amendment hereinafter set out shall be substituted for said section 63 and subsection thereof: Substitution of Sec. 63. Sec. 63. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: In this Act the words improved and improvement include the grading, regrading, paving, repaving, macadamizing, and remacadamizing of

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streets, alleys, sidewalks, or other public places or ways, and the construction, reconstruction, and altering of curbing, guttering, storm-sewers, sanitary sewers, turnouts, water-mains and water, or water connections therein. The words streets includes streets, avenues, alleys, sidewalks, and all other places or ways. Meaning of streets, pave, frontage. The word pave shall include storm and sanitary drainage, paving, macadamizing, and grading. Frontage means that side or limit of the lot or parcel of land in question which abutts on the improvement. (A) Be it further enacted, that the Mayor and Council of the city of Hazlehurst, in the State of Georgia, is hereby authorized and empowered, when they shall deem it necessary, to improve any street or any part thereof, either in length or width, within the limits of said municipality, by a resolution declaring such improvement necessary, and publishing said resolution once a week for four weeks in a newspaper having a general circulation in said city; and if a majority of the owners of property abutting on said improvement shall not, within fifteen (15) days after the last day of publication of such resolution, file with the clerk of said city their protest in writing against said such improvement, then said governing body shall have power to cause said improvement to be made, and to contract therefor, and to make assessments and fix liens as provided for herein. Any number of streets or any part thereof to be improved may be included in one resolution, but any protest or objection shall be made as to each street separately; provided, however, that if a majority of the owners of the land liable to assessment for any such improvement shall petition the governing body for such improvement, citing this Act and designating by a general description the improvement to be undertaken and the street or streets or parts thereof to be improved, it shall thereupon be the duty of said governing body to proceed, as hereinafter provided, to cause the said improvements to be made in accordance with the prayers of said petition and their own best

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judgement, and in such cases the resolution hereinbefore mentioned shall not be required. The petition shall be lodged with the clerk of the municipality, who shall investigate the sufficiency thereof, submit the petition to the governing body, and certify the result of his investigation. The determination of the governing body upon the sufficiency of the petition shall be final and conclusive. Resolution as to necessity of street improvement; publication. Objections. Power to improve. Petition for improvement. Duty to cause improvement made. (B) That each lot or parcel or land abutting upon said improvement shall be charged on the basis of lineal foot frontage at an equal rate per foot of such pro rata of the entire cost of said improvement, less any amounts paid by railways or others, as provided herein; provided, however that the cost of sidewalks, curbs, and gutters shall be charged entirely to the lots or parcels of land abutting on that side of the street upon which the same are constructed. The frontage of intersecting streets shall be assessed as real estate abutting upon the improvement, and the municipality for all purposes of this act shall be deemed to be the owner thereof, and the mayor shall have authority to sign the petition or file objections provided for herein; and the Mayor and Council of the City of Hazlehurst pay in cash from the city treasury its just pro rata of the entire cost of said improvement, unless the owners of a majority of the aforesaid frontage in the petition hereinbefore provided for shall agree to pay the entire cost of said improvement, or unless in the resolution hereinbefore provided for it shall be stated that the entire cost of the improvement is to be paid by the abutting-property owner. Mode of assessment. (C) That any railroad having tracks running along a street at the time of the proposed improvement as provided herein shall be required by the governing body to pave the width of its track and two feet on each side thereof with the same material and in the same material and in the same manner as the rest of the street to be paved, and such work shall be performed under the supervision and subject to the approval of the city's engineer; and if such railway shall not, within a period of thirty days after the receipt by such railway of the notice to do such work, agree

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in writing to comply with such order, or if the work is not completed to the satisfaction of the city's engineer within such time as may be determined by the governing body, said governing body may have such work done and charge the cost and expense thereof to such railway company, to be paid by it in cash, and the same until paid shall constitute a lien against all of the property of such railway company located in the municipality and said lien shall have the same rank and priority and shall be enforced in the same manner as the liens provided for in subsection G. The governing body may in its discretion require such paving to be of a different material and manner of construction. Assessment where railroad company is property owner. (D) That whenever the petition provided for in section A of this act is presented, or when the said governing body shall have determined to improve any street, and shall have passed the resolution provided for in said subsection A, 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 abutting on the improvement 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-pipe in and underneath the streets where such improvement is to be made, and all cost and expense of making such connections shall be taxed solely against such property, but shall be included and made a part of the general assessment to cover the cost of such improvement. Authority as to ordinances. (E) 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 governing body 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 governing

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body to proceed with the said improvement, stating the kind of improvement and defining the extent, character and width of the same, and other such matters as may be necessary, to instruct the engineer employed by said municipality 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 the mayor and council shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond as provided in an act entitled Contractors of Public Work Bonded, approved August 19, 1916, 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 governing body. Said resolution shall also direct the clerk of said municipality to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals shall be published in two consecutive issues of a weekly paper having a general circulation in said municipality, and shall state the street or streets to be improved, the kinds of improvement proposed, whether, 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 governing body. At the time and place specified in such notice the governing body shall examine all bids received, and without unnecessary delay award the contract to the lowest bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by said governing body as prescribed in such resolution and notice for proposals; and the said governing body shall have the right to reject any and all bids and readvertise for other bids, when the bids submitted are not, in its judgment, satisfactory. Resolution as to improvement. Bond of contractor. Advertisement for bids. Award of contract.

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(F) That after 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 improvement in addition to the contract price for the work and materials, is ascertained, the said governing body shall by resolution appoint a board of appraisers consisting of three members, to appraise and apportion the cost and expense of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within 30 days from the date of the resolution appointing said board it shall file with the clerk of the municipality a written report of the appraisal and the assessment and apportionment, in the manner and on the basis herein provided of such expense and cost, upon the several lots and tracts of land abutting on said street or upon the property of any railway whose tracts run along such street where such railway has failed or refused to do the paving provided herein when and as required by the governing body. When said report shall have been returned and filed, the mayor and council shall appoint a time for the holding of a session, or shall designate a regular meeting of their body 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 the governing body once a week for four weeks in the paper in which the sheriff's advertisements for the county are published, and said notice shall provide for an inspection of such return by any property-owner or other interested in such return. The time fixed for said hearing shall not be less than fivenor more than ten days from the date of the last publication. The said governing body at said session shall have power, and it shall do its duty, 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. The Mayor and Council shall by ordinance fix the assessments in accordance with said appraisement

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and apportionment as so confirmed against the several tracts of land liable therefor; provided, however, that the rate of interest to be taxed shall not exceed one per cent. (1%) over and above the rate of interest stipulated in the bonds herein provided for. Assessment in conformity to said appraisement and apportionment as confirmed by the mayor and council shall be payable to the treasurer of said municipality in cash, and, if paid within thirty days from the date of the passage of said ordinance, without interest; provided, however, that in the event the owner of the land or of any railway so assessed shall, within thirty days from the passage of the ordinance making the assessment final, file with the clerk of said municipality his or its written request asking that the assessment be payable in installments in accordance with the provisions hereof, the same shall thereupon be and become payable in ten equal annual installments and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, and each installment, together with the interest on the entire amount remaining unpaid, shall be payable in each year at such time and place as shall be provided by resolution of the mayor and council. Board of appraisers. Report of appraisers. Notice of meeting for hearing of objections. Ordinance fixing assessments. Payment of assessment. (G) That such special assessment and each installment thereof, and the interest thereon, and the expense of collection 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, and shall be enforced in the same manner as are the liens for city taxes. Lien of assessment. (H) That the said mayor and council, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date fifteen days after the passage of the ordinance fixing the said

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assessments and of such denominations as the mayor and council shall determine, which bond or bonds shall in no event become a liability of the City of Hazlehurst, or of the governing body of the municipality. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on such day and at such place as may be determined by the governing body, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day 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, 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 assessment which have been fixed 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 of Hazlehurst and shall have the impression of the corporate seal of said municipality 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 designate by the mayor and council. Said bonds shall be sold by the mayor and council at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred pursuant to the provisions of this act, 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 governing body shall direct. Any proceeds from the sale of said bonds remaining in the hands of the treasurer after the payments hereinbefore

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provided for shall go into the treasury of the municipality as compensation for the services to be rendered by it as contemplated herein. Said bonds shall be registered by the clerk of the municipality in a book provided for that purpose, and cerificates of registration by said clerk shall be endorsed upon each of said bonds. Street-improvement bonds. Sale of bonds. (I) That the assessment provided for and levied under the provision of this act shall be payable as the several installments become due, together with interest thereon, to the treasurer of the city of Hazlehurst, who shall 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 incident therein, and for no other purpose, until all of said bonds are paid in full, and said treasurer shall give bond in amount to be fixed by the governing body, conditioned upon the faithful performance by him of the duties imposed herein. It shall be the duty of said treasurer, not less than thirty days and not more than fifty days before the maturity of any installment of such assessments, to publish at least one time in a newspaper having a general circulation in said said municipality 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 properly paid, proceedings will be taken to collect said installment and interest, or in lieu thereof to mail such notice within the time limits aforesaid to the owners of record of the property affected, at their last known address. And it shall be the duty of said treasurer promptly within fifteen days after the date of the maturity of any such installment or assessment or interest, upon default or payment of such installment or assessment or 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

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of such assessment or interest, and shall turn over the same to the marshal or chief of police of City of Hazlehurst, or his deputy, who shall levy the same upon the abutting 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 installments with 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; 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 and 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 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 Jeff Davis 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 Code of Georgia. The failure of the said treasurer or clerk to publish or mail 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. Collection of assessments. Notice of maturity of installment. Execution; levy and sale. Affidavit o illegality. Failure to publish notice. (J) That no suit shall be sustained to set aside any such assessment or to enjoin the mayor and council from making or fixing or collecting the same or issuing or levying executions therefor, 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

Page 1212

than for the failure of the governing body to adopt and publish the preliminary resolution provided for in subsection A of this Act in cases requiring such resolution and its publication, or to give the notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be commenced within thirty (30) days after the passage of the ordinance making such assessment final; 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 making of an original assessment, proceed to cause a new assessment to be made and fixed, which shall have like force and effect as an original assessment. Time limit for suit to set aside or enjoin assessment. (K) That whenever the abutting-land owners of any street of said municipality petition the said governing body as herein set out, or said governing body pass the resolution provided for in subsection A of this Act for the improvement of any street, where the county is the owner of property on said street, and the governing body of Jeff Davis County has assented to the proposed improvement and has provided funds to pay in cash its proportionate part of the cost of said improvement, the frontage so owned is to be counted as if owned by an individual, for all purposes of this act, and the ordinary, chairman of board of commissioners, or other authorized officer is authorized to sign the aforesaid petition or file objections in behalf of the county. Assessment where county is property owner. (L) That where the City of Hazlehurst desires to pay any portion of the cost of the improvements contemplated herein, in addition to the amounts hereinbefore provided for, the balance may be assessed against the abutting property or the owners thereof, or the owners of any railway therein as hereinbefore provided for. (M) That after the assessments are finally determined and fixed as hereinbefore provided for, suit may be instituted by the municipality in the superior court of Jeff

Page 1213

Davis County against the respective owners of the lots or parcels of land abutting upon said improvement. In such suit the municipality shall allege the passage and approval of the ordinance or ordinances providing for the improvement, and the approximate estimate of the cost of said improvement; and shall define and set forth the limits of the streets to be improved. The prayer of the petition shall be that the court find and determine the validity of said ordinance or ordinances and the question of whether or not the respective lots or parcels of land abutting upon said improvement shall be charged with the lien of said work in the manner provided in this act. Service of process in such suit may be had upon the owners of said lots or parcels of land abutting on said improvement, or of said railways running along said street, by publication, once a week for four weeks in the paper in which the sheriff's advertisements for the county are published, of a notice to that effect, directed to the owners in general of the property abutting on said improvement or of the railway running along the same line, without naming such owners individually, provided said notice defines the limits of said improvement. In such suit the municipality shall have the right to offer evidence tending to prove the validity of said ordinance and said proposed lien against the respective lots and parcels of land sought to be charged with such lien; and the respective owners of the lots and parcels of land abutting upon said improvement shall have the right to introduce evidence tending to show the invalidity or lack of legality of said ordinance, and said proposed lien against the respective lots and parcels of land owned by each respective defendant; and the court shall have the right to determine the question of whether or not said lots and parcels of land owned by each defendant would be charged with such lien. The trial of such suit shall be in accordance with the constitution and laws of the State; and the superior court of Jeff Davis County shall render judgment either validating such ordinance and proposed lien against the lots and parcels of land abutting upon said improvement as the court may

Page 1214

find legally chargeable with the same; or the court may render judgment that such ordinance or proposed lien, in whole or in part, invalid and illegal. Any appeal or writ of error from such judgment must be taken within ten days after the rendition of such judgment, or, if a motion for a new trial be filed therein, then within ten days after such motion may be overruled or otherwise disposed of. Suit to validate assessment and fix lien. (N) Be it further enacted by the authority aforesaid, that this Act shall not become operative as a charter amendment until November the first, 1927. (O) Be it further enacted by 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, 1927. HOLLY SPRINGS TAX RATE. No. 82. An Act to amend an Act approved August 14, 1906, entitled An Act to incorporate the Town of Holly Springs, in the County of Cherokee, State of Georgia; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on same; and for other purposes, so as to strike out the words one fourth of one per cent., whereever same occur in said Act, and insert in lieu thereof the words, one half of one per cent, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act by the General Assembly, an Act approved August 14, 1906, the same being entitled An Act to incorporate the Town of Holly Springs, in the County of Cherokee, State of Georgia; to define the corporate limits thereof; to provide a

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municipal government for said town; to confer certain powers and privileges on same; and for other purposes, be and the same is hereby amended as follows: By striking from the ninth section and fourteenth line thereof the words one fourth of one per cent, and inserting in lieu thereof the words one half of one per cent, so that the clause in which said words appear will read when amended as follows: to provide for the annual assessment of taxable property therein, which in no event shall be greater than one half of one per cent. of the value of the taxable property. Increase of tax rate. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. HOMERVILLE STREET IMPROVEMENTS. No. 26. An Act to amend an Act entitled An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide for a new charter for said town, and for the election of a mayor and councilmen, to prescribe their powers and duties, and for other purposes, approved August 22, 1907, and the several Acts amendatory thereof, so as to authorize and empower the Town of Homerville, by its mayor and council, to improve its streets, sidewalks, squares, and alleys by paving, repaving, macadamizing, curbing, guttering, and draining, including the installation of manholes, catch-basins, and the necessary drainage-pipes, and to assess the cost thereof upon the abutting-property owners, to be payable on a basis of ten yearly payments of ten per cent. a year, to provide for the procedure for such improvements, and for making and the collection

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and securing of the assessments, and to provide for the issuance of bonds therefor, to be known as Homerville Street-Improvement Bonds, and the manner of collecting and of disposing of said bonds; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act of the General Assembly of Georgia, approved August 22, 1907, entitled An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide for a new charter for said town, and for the election of a mayor and councilmen, to prescribe their powers and duties, and for other purposes, is hereby amended in the following manner and particulars; that is to say: Acts amended. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that said Town of Homerville, 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 Town of Homerville, 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 described in this Act. Authority for street improvements. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said Town of Homerville, by its mayor and council, shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, sidewalks, or any part thereof within the limits of the Town of Homerville, said Town of Homerville, 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

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circulation in the Town of Homerville; and if the owners 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 Town of Homerville their protest in writing against such improvement, then the said Town of Homerville, by its mayor and council, shall have the power to cause such improvements to be made and to contract therefor and to levy assessment 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 herein after provided. Provided, however, that if the owners of the entire linear of frontage of land abutting any proposed improvement of any street or part of street, alley, lane, or avenues, sidewalk, or other public place described in such petition, shall petition the Town of Homerville, 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 the material 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 Town of Homerville, 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. Resolution or ordinance as to necessity of improvement. Objections. Petition for improvement. Duty to cause improvement made.

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Sec. 4. When a resolution shall have passed as provided in section 3 of this Act, and shall have become final and binding as therein provided, it shall be the duty of the mayor and council, within a reasonable time thereafter, to pass another resolution, referring to the said prior resolution, reciting that no protest was filed thereto as provided in section 3, wherein it shall be resolved, ordained, and ordered that said improvement shall proceed in accordance with said prior resolution, defining the streets, square, alley, section or sections thereof to be improved, the extent of the improvement, the approximate length, width, and the general specifications as to the materials to be used (two or more types may be specified in the alternative), and such other details as to the council may seem best; and shall provide for the preparation of plans and specifications of the improvements to be made, and shall prescribe the time and manner of advertising for bids and the letting of contract or contracts for said improvements and for the furnishing of materials thereof; and shall provide for a bond with security by the contractor, payable to the Town of Homerville, for a sum not less than the contract price of the improvements to be made, conditioned for the faithful and skillful performance of the contract, and may provide for bond, in an amount equal to 25% of the contract price, for the maintenance of good condition of such improvement for a period of five years from the time of the completion of the work; and may provide for the employment of an engineer to supervise and inspect the construction of the improvement, and prescribe the amount of money to be paid for such purposes; and in this event such amount shall be added to the assessment along with other cost of improvement. Provided, that no such contract shall be entered into until after notice has been published in a newspaper having a general circulation in the Town of Homerville, once a week for two consecutive weeks, in which notice a general description of the improvements to be made shall be given, and stating the time and place wherein bids will be received, the form of bids, whether open or

Page 1219

sealed or otherwise, and the type on which bids desired, and shall state where plans and specifications may be obtained or inspected; and it shall be the duty of the mayor and council to advertise for bids for said improvement and the furnishing of the materials therefor according to the plans and specifications after first considering and correcting and approving the specifications. After the passage of the resolution provided for in this section, all the property-owners to be assessed for the cost of the improvements, or other persons interested, who do not within fifteen days thereafter commence proceedings to prevent said assessment being made and enforced shall be conclusively presumed to have accepted the terms of said ordinance. Ordinance providing for improvement. Advertising for bids. Sec. 5. After the Mayor and Council shall have advertised for bids and shall have received bids as is provided for in section 4 of this Act, it shall be their duty to enter into contract with the successful bidder for the furnishing materials and the construction of the improvement, and shall therein comply with all the requirements of this Act; provided the mayor and council shall have the right to reject any and all bids, and readvertise and let the contract as herein provided, it in their judgment none of the bids received on first advertisement are fair or not from responsible parties. It shall be stipulated in said contract, in substance, that payment is to be made solely and only from the assessment against the abutting-land owners, as hereinafter provided and in the manner hereinafter prescribed. Award of contract. Sec. 6. As soon as practical after contract provided for in section 5 has been entered into, the city clerk shall make or cause to be made an accurate measurement and plat of the work to be done, showing the number of feet and fraction thereof of frontage thereon of each and every abutting owner, and shall file the plat, with the measurements plainly marked thereon, showing the location and measurement of each abutting-land owner and of each and every street crossing and its width, in his office, and said

Page 1220

plat shall be subject to the inspection of all persons interested at all times, and any abutting-landowner may, within 5 days from the filing of the plat, make written objections thereto; and after the expiration of five days, if objections have been filed questioning the accuracy thereof, the mayor and council shall set a time for hearing all such objections, and post written notice of the time and place of hearing in the court-house in said city for at least two days, and after full hearing shall correct the plat or approve it as they may find the fact to be. If no objections are filed as provided in this section, the plat shall be final and binding on all persons. City clerk to file plat, with measurements of abutting lots. Objections of property owners. Sec. 7. After the plat and measurements as provided in section 6 shall have been approved as provided in section 6, or after five days from the filing thereof, if no objections are made as provided in said section, the mayor and council shall pass a resolution assessing the entire cost of said improvement on the abutting-land owners, one half thereof to be assessed against the abutting owners on each side of the street, square, alley, or section thereof to be improved; the amount of the assessment against the several owners to be in the same proportion that the front footage of his or her property bears to the entire front footage of the property abutting on the street, alley, or section thereof to be improved. Said assessment shall include all expenses incurred, in complying with the provisions of this Act by the Town of Homerville, incident to said improvement, including engineering, and the same shall be apportioned among the abutting-land owners in the same proportion as the paving cost is apportioned. The said assessment shall be made against the several tracts or parcels of abutting land in the proportion as provided in this section, and shall be payable in ten substantially equal annual instalments, and shall bear 6% interest, payable annually. The resolution shall designate the exact frontage, in feet and fraction thereof, of each and every abutting owner, of the width of each and every crossing, and shall designate the percentage of the cost

Page 1221

of the improvement to be assessed against each and every abutting owner separately in accordance with this Act; said assessment not to include the cost of water, gas, or sewer connection where such connection are required of any abutting owner. Provided that the Town of Homerville shall be treated as the owner of all street crossings for the full width of the street in each direction, and the proportionate cost of paving the crossing of any street or alley shall be borne by the Town, and not assessed against the landowners abutting the street or alley so improved; and provided the town may pay for the payment for the paving of the street crossings or for any other paving or improvement for which town is liable under this Act, and 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 paying and payment for such paving or improvements. Provided further, that where any property abutting on any street, square, or alley to be improved under authority of this Act is owned by the United State Government or the State of Georgia or any other owner exempt from its operation, such property shall be excluded from the computation in arriving at the pro rata assessments against the abutting-land owners on the street 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 in behalf of the State for improvements herein provided for; where the County of Clinch is the owner of any such property, the chairman of the county commissioners, or the commissioner of roads and revenues, or any other officer in charge of county matters shall be authorized to sign any such petition; and where the Town of Homerville is the owner of such property the Mayor shall be so authorized. Assessment. Payments. Assessment where State, county, city, or United States is owner of land. Sec. 8. That the special assessment and each instalment thereof and interest of hereby declared to be a lien

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against the lots and tracts of land so assessed from the date of the ordinance levying the same, of equal dignity and priority with taxes, and prior and superior to all other liens, and such 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 of warranty; provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment, and no lien shall attach to any lot or tract for the assessment against any other abutting owner. Lien of assessment. Sec. 9. The mayor and council shall, in the resolution provided for in section 7, or any other subsequent resolutions, provide for the time of the maturing of said assessment in accordance with the terms of this Act, and shall provide for the percentage of the annual payments of substantially ten per cent. a year, but they shall have authority to make the first or last payment more or less than ten percent. so that the others shall be due and payable in round numbers. Time for payment of of assessment. Sec. 10. The persons against whom assessments are made as provided in section 7 shall have the right to pay the assessment or any portion thereof without interest at any time for 30 days after the passage of the resolution making the assessment, and shall have the right thereof and until the bonds issued against said assessment hereinafter provided for shall have been sold to pay the assessment or any part thereof with accrued interest. Option as to payment. Sec. 11. As soon as practical after the expiration of thirty days from the passage of the resolution provided for in section 7, the mayor and council shall by resolution provide for the issuance of bonds in the aggregate amount of the assessments remaining unpaid, bearing date thirty days after the date of the resolution making the assessment, and of convenient denomination to be determined by the mayor and council, bearing interest at the rate of 6% payable annually, said bonds to be payable in ten

Page 1223

instalments so arranged that the maturities and amounts thereof will correspond with the maturities and the 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 Town of Homerville, by the mayor, and the seal of the town attached, and shall be payable to the bearer, and shall be payable solely from the assessments levied upon the lots and tracts of land of the several landowners abutting the street, square, or alley, or section thereof for the improvement of which said assessment was made. Said bonds shall be known as Homerville Street-Improvement Bonds, and shall be payable by the person against whom the assessment is made (except where the property shall have been sold and the purchaser has assumed payment of the bond as hereinafter provided; in such cases the assessment is payable by the person owning the land as the several installments fall due), and shall contain descriptive words identifying the street or streets, part of street or streets, or other place for the improvement for which they have been issued. Said bonds shall not be sold at less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by said mayor and council. 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 town shall be endorsed on each of said bonds. Said bonds 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. Street-improvement bonds. Sale of bonds. Registration. Sec. 12. The assessment provided for and levied under the provision 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 of the Town of Homerville, who shall give proper receipt for all such payments. It shall be the duty of the clerk to keep an accurate separate

Page 1224

account of all such collections in a permanent book showing the separate amount the date, and by whom and on what lands 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 Town of Homerville in complying with the provisions of this Act incident to said improvement. Provided, that after the bonds shall have been sold, the amount due thereon shall be payable to the holder or to the city clerk; and provided further, that no bond, after its maturity and after the amount thereof shall have been paid to the city clerk as herein provided, shall bear further interest. It shall be the duty of the clerk to give notice in the newspaper in which the sheriff's advertisements are published, in the two issues next preceding the maturing date of each series of bonds, notifying all persons concerned of the date of the maturity, and specify the particular improvement for which the assessment was made. Failure to comply with this provision shall not affect the validity of the said bonds or the assessment. It shall be the duty of the clerk of the Town of Homerville, promptly after the maturity of any bond or instalment of interest remaining unpaid, to issue an execution direct, as other town executions are directed, against the person liable for the same, under the provisions of this Act, on the date of execution, for the amount of the past due installment 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 town marshal, whose duties it is to make the levy and sale under other executions issued by the town 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 Town of Homerville; and the proceeds shall be applied, first, to payment of cost and expenses of the advertisement and sale; second, to the payment of the execution; and third the payment of the balance as the law directs. Such sale shall vest the absolute

Page 1225

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, 1172 of the Code of Georgia of 1910, and the Acts amendatory thereof. 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 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 reason 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 county court of Clinch County, there to be 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. Notice of maturity of bonds. Execution; levy and sale. Affidavit of illegality. Sec. 13. It shall be the duty of the mayor and council of the Town of Homerville to provide the clerk with a permanent docket in which all executions issued under authority of this Act shall be recorded, properly indexed in the name of the defendant, and showing the date and amount of the execution, with brief description of the lot or tract of land against which it is issued, with marginal or other space sufficient to enter a cancellation or other explanatory matter. When said execution shall have been fully paid, the clerk shall 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. Record of executions. Cancellation. Sec. 14. 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 clerk, the lien shall be released as against the person selling, and attach to the purchaser. Lien in case of transfer of property.

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Sec. 15. 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 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 corporate seal of the Town of Homerville attached. When such a certificate is presented to the clerk of the superior court of Clinch County, the same shall be filed, indexed, and recorded as deeds are filed, indexed, and recorded, and shall constitute a full extinguishment against said property, and shall impart notice thereof. Certificate of payment. Sec. 16. In event any property against which an assessment has been made under authority of this Act is sold under and by virtue of any tax execution while any portion of said assessment remains unpaid, title shall pass to the purchaser, subject to the right of redemption as provided in sections 880, 1169, 1170, 1171, and 1172 of the Code of Georgia, and the Acts amendatory thereof, 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. Sale of assessed property under tax fi. fa. Sec. 17. No street, sidewalk, square, or alley 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 council it is necessary to repave or otherwise reimprove said street, square, or alley or section thereof for the public good. Repaving, etc. Sec. 18. In all cases where the proposed improvement is to include the sidewalks, all bids for the sidewalk improvement shall be separate from the bids for the street improvement, and contract thereof for shall be separate

Page 1227

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-land owners in the proportion that each owner's front footage bears to the whole front footage of sidewalks constructed. Sidewalks. Sec. 19. Where a certain number of days are prescribed in this Act for publishing or posting any notice or for the doing of other things, Sundays and legal holidays shall not be counted. Exclusion of Sunday, etc., from days for notice. Sec. 20. This Act is cumulative, and shall not be construed as repealing or modifying the existing laws of force in the Town of Homerville with reference to paving or otherwise improving the streets, sidewalks, alleys, or squares in said town. This Act is cumulative. Sec. 21. The mayor and council shall be and are hereby authorized 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 as to ordinances, etc. Sec. 22. This Act shall not be rendered void by the unconstitutionality or invalidity of one or more non-essential provisions thereof. Act not invalidated by void part. Sec. 23. All resolutions, ordinances, or orders passed by the mayor and council 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 Town of Homerville by the clerk; and when so recorded, a copy thereof certified by the clerk, under the corporate seal of the Town of Homerville, as a true transcript of the record, shall be prima facie evidence of the proper passage of the

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resolution, ordinance, or order, and of the proper posting and publication of such notice. Record of ordinance, etc.; certified copy. Sec. 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 19, 1927. JESUP STREET IMPROVEMENTS. No. 38. An Act to amend the charter of the City of Jesup, Georgia, Wayne County, as approved August 16th, 1915, and the subsequent amendments thereto, so as to authorize and empower said City of Jesup, Georgia, through its governing authorities to pave, macadamize, curb and otherwise improve any or all of the side walks, 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 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 abutting property therefor; to provide for the issuing of bonds known as street-improvement bonds to be negotiated by the city, or otherwise used in making provisions for the payment of the 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 the property in said city subject to municipal taxation, to be used in defraying the City of Jesup'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 Jesup as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the

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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 August 16th, 1915, incorporating the City of Jesup, Georgia, and the Acts amendatory thereof, be and the same are hereby amended by adding thereto the following provisions: Acts amended. Sec. 2. The aforesaid City of Jesup, Wayne County, Georgia, through its legally constituted authorities, is hereby authorized and empowered, whenever in its judgment the public convenience and welfare may require it, to establish and change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, roads, highways, or any portions thereof within the corporate limits of said city, and to assess the cost of such improvements against the abutting property and the owners thereof, and to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor, and to provide for the issuance of bonds to be known as street-improvement bonds, which may be negotiated, sold, or otherwise hypothecated by said city, or used otherwise, in making provision for the payment of the cost of such improvements, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the city's share of the expense of such improvement in conformity with the provisions of this Act. [Illegible Text] for street improvements. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the City of Jesup, by its mayor and council, shall deem it necessary to grade, curb, pave, macadamize, drain, or otherwise improved any street, sidewalk, avenue, alley, or other public place in said city, or any part thereof, said City of Jesup, by its mayor and council, shall be resolution or ordinance declare such work

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or improvement necessary to be done, and such resolution or ordinance shall be published one time in the newspaper in which the advertisements for sheriff's sales in Wayne County are published. Any owner of land fronting on such proposed improvement and liable to assessment therefor shall have the right, at any time within ten days, not including Sundays, after the publication of said resolution or ordinance, to file written protest against such improvements or any part thereof, in which protest such owner or owners shall set up the grounds of objection. Any number of streets, avenues, sidewalks, alleys, 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 sidewalk or alley or other public place separately, except when treated as one project. Provided, that where two or more streets running in the same general direction form 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 other proceedings. At its first or any regular meeting after the expiration of ten days from the publication of the resolution or ordinance above mentioned, the mayor and council of said city shall hear and determine all protests and objections filed within said ten days after such publication, and shall designate by resolution or ordinance just what streets, alleys, sidewalks, or other public places, or parts thereof shall be paved or otherwise improved, and such decision of said mayor and council shall be final. Provided, that at such meeting said mayor and council may decrease the length of width of the proposed paving or other improvement on any such streets, alleys, sidewalks, or other public places, without further advertising. Provided further, that if the owners of more than one half of the lineal foot frontage of the land liable to assessment for any such paving or other improvement shall petition the City of Jesup for any such improvement of any street, alley, sidewalk, or other public place or any part thereof, describing in such petition the character

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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 Jesup, by its 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 or ordinance heretofore mentioned shall not be required. Resolution or ordinance as to necessity of improvement. Objections. Hearing of objections. Petition for improvement. Sec. 4. After the expiration of the time for objection or protest on the part of the property-owners, if no writen protest be filed, or after a decision by the mayor and council of said city on any protests or objections that may have been duly filed, or on receipt of the petition for such improvements properly signed by the owners of more than one half of the lineal foot frontage of the land to be assessed, the said City of Jesup, by its mayor and council, shall adopt a resolution reciting such facts and expressing the determination of said city to proceed with the improvement, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications, and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Jesup shall deem proper to impose with reference to letting the contract and the provisions therefor, and may 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 for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, in the discretion of said city. Said resolution shall also direct the agent or engineer of said city to advertise

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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 opened and considered by said city. Said notice shall be published one time in the newspaper in which advertisements for sheriff's sales are published in Wayne County. At the time and place specified in such notice the City of Jesup, by its mayor and council, shall examine all bids received, and without unnecessary delay award the contracts to the most satisfactory 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 Jesup as prescribed in such resolution and notice for proposals; and the said city shall have the right to reject any and all bids and readvertise for other bids, when any such are not in its judgment satisfactory. Resolution providing for improvement. Advertisement for bids. Award of contract. 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 Jesup, by its mayor and council, shall have determined to pave or improve any street, avenue, lane, or alley or other public place, and shall have passed the resolution or ordinance provided for in section 3 of this Act, the said City of Jesup, by its mayor and council shall then have the power to enact all ordinances and resolutions and to establish all such rules and regulations as may be necessary to require the abutting property, and the owners thereof, to pay its pro rata part of the cost of such improvement, and said city shall have authority 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 said public improvements are to be made, upon such terms and conditions as the mayor and council may provide. Authority as to ordinances, etc. Pipe connections.

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Sec. 6. Be it further enacted by the authority aforesaid, that the expense of constructing, grading, paving, macadamizing, and otherwise improving of any of the sidewalks, alleys, streets, or other public place, or any portion thereof within the corporate limits of the said City of Jesup shall be apportioned as follows: All lots, pieces or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvements for the said frontage on the 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 said streets, alleys, lanes, or avenues, paved or otherwise improved, and the said City of Jesup shall be, for all intents and purposes of this Act, the owner of all such real estate abutting on any street, lane, alley, or avenue, and shall possess the same rights and privileges as all other real estate abutting on any such street, lane, alley, or avenue. And the cost and expense of such frontage upon that part of said street, lane, alley, or avenue belonging to or owned by the said City of Jesup, including all intersections of said streets, avenues, lanes, or alleys, shall be chargeable to and borne by the City of Jesup, Georgia, which may be paid by the levy and collection of an ad valorem tax or by the issuance of bonds other than the street improvement bonds authorized by this Act to be issued; or from any of the general funds of said city when the same are large enough to take care of any or all of such cost or expense, or by any funds which may be allotted to Wayne County for the use and benefit of the public streets in the City of Jesup 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 Jesup, or from any other fund which can be legally applied to said cost or expense. Apportionment of cost. Assessments. Payment of city's share of expense.

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Sec. 7. Whenever any of the aforesaid paving or other improvements have been authorized, either by petition of property-owners or by resolution or ordinance of the mayor and council, 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 intersection 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 front foot to the several tracts, lots, or parcels of land, including the street intersections to be assessed against said city, and shall cause to be made up a written report or assessment-roll containing an appraisal and apportionment and assessment of such expense and cost to the several lots and tracts of land abutting on such streets, alleys, sidewalks, or other public places so improved, including a general description of such tracts of land and the names of the reputed owners thereof. And said report or assessment-roll shall be filed with the city clerk of the City of Jesup. When said report or assessment-roll has been thus filed, a notice signed by the city clerk or city manager shall be published one time in the newspaper in which advertisements of sheriff's sales are published in Wayne County, giving a description of the streets, sidewalks, alleys, or other public places paved or otherwise improved, and stating that the cost thereof has been ascertained and the assessments against all abutting property fixed, and filed with the city clerk, open to inspection, and that any objections or protests may be filed in writing within ten days. Any abutting-property owner may, within ten days from the publication of such notice, not including Sundays, file a written protest as to the assessment against his or her property, setting up in said written protest all the grounds thereof. At any regular or called meeting of the mayor and council of said city after the expiration of ten days from the publication of the aforesaid notice, said mayor and council shall hear and determine all such protests or objections that may be filed within the ten-day

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period to said assessments, and shall have power to confirm said assessments as first made, or to review and amend same as justice may require, and then confirm same as amended. The confirming of such assessments shall be by ordinance, which shall be known as the assessment ordinance, and on the passage of such assessment ordinance said assessments shall be considered duly levied. Such assessment-roll as thus finally confirmed shall be duly certified as correct by the clerk of the City of Jesup, and shall be recorded on the mortgage records of Wayne County, as further notice of such assessments on the various parcels of land therein described. Apportionment and assessment. Report; publication. Objections. Hearing. Assessment ordinance. Sec. 8. Such assessments and all installments thereof together with interest thereon, shall be a special lien against the tracts, parcles, or lots of land so assessed, from the date of the ordinance levying such assessments, such lien to be equal with the other taxes, and prior and superior to all other liens against such lots or parcels of land, until finally paid with all interest and charges thereon. Lien of assessment. Sec. 9. Such assessments shall be paid in ten equal annual installments. The first installment of such assessments, together with the interest upon the whole amount of such assessments at the rate of seven per cent per annum, payable annually from the date of the assessment ordinance, shall be due and payable on the first day of December next succeeding the date of such assessment ordinance. And the other installments shall be payable on the first day of December each year, together with interest at the rate of seven per cent. per annum on the whole amount remaining unpaid. All such payments shall be made to the clerk of the City of Jesup, who shall issue proper receipts therefor and keep an accurate account of all such collections thus made by him, which collections shall be kept as a separate fund to be used and applied to the payment of such bonds and the interest thereon as may be issued under authority of this Act, and such funds shall be used for no other purpose. Provided, however, any one or more of the owners of the property

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assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of the assessment ordinance, without interest, thereby relieving such property from the lien of such assessment. Payment in installment. Option as to payment. Sec. 10. Be it further enacted by the authority aforesaid, that upon failure of any property-owner to pay any installment when due of any assessment herein levied, the City of Jesup is authorized to issue its execution against such property-owner and such property. for the whole amount of the assessment against such property remaining unpaid, with interest thereon, and to enforce the payment thereof by levy and sale, which execution shall be issued and sales thereunder conducted as in the 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. And as against any assessments or any part thereof 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 Wayne County, and to contest the legality of such assessment, which affidavit shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally; and if any part of said execution is admitted to be due, the affiant shall pay the same to the levying officer before such levying officer shall be required to receive and return said affidavit of illegality to the superior court of Wayne 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 of such bond may file an affidavit in forma pauperis as provided in claim cases. Execution; levy and sale. Sec. 11. Any time after the expiration of thirty days from the date of the passage of the ordinance apportioning

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and levying the aforesaid assessment, the mayor and council of the City of Jesup may, by written ordinance or resolution, provide for the issuance of bonds in the aggregate amount remaining unpaid, which shall bear date thirty days after the date of the assessment ordinance; 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 Jesup by reason of its issuing the same for the purposes herein specified. One tenth of the amount of such series of bonds, with the interest upon the whole amount of such series, shall become due and payable on the first day of January next succeeding date of the issuance thereof; and one tenth of the amount of the issue of bonds, together with the interest upon the whole amount thereof remaining unpaid, shall be payable upon the first day of January in in each succeeding year until all of said installments shall have been paid. Said bonds shall bear interest at 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 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 Jesup, and attested by the clerk thereof, and shall have thereon the impression of the corporate seal of said city, and shall have attached thereto interest coupons; and all bonds issue 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 such improvements, at not less than par value,

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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 Jesup, and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements; said bonds may be registered by the clerk of the City of Jesup as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration entered upon each of said bonds, at the option of the holders. Said bonds may be validated by proceedings in superior court, in the manner provided for the validation of other municipal bonds. Street improvement bonds. Sale of bonds. Registration of bonds. Validation. Sec. 12. Be it further enacted by the authority aforesaid, that the City of Jesup is authorized and empowered to make all the improvements provided for in this Act independent of or in connection with the authorities of Wayne County having control of the fiscal affairs, the roads and highways thereof, and with the State Highway Department as is now provided by the Act 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 therewith. Co-operation of city, county, and State Highway Department. Sec. 13. Be it further enacted by the authority aforesaid, that whenever the State or any of its political subdivisions is the owner of any property on any street or sidewalk or other public place to be paved or otherwise improved, the frontage so owned shall be counted as if owned by an individual, and shall be likewise treated for the purposes of assessment; and where the State is the owner of the property, the Governor is authorized to sign any petition or protest provided for in this Act for and in behalf of the State; and where the county is the owner the ordinary of the board of roads and revenues of Wayne County is authorized to sign in behalf of the County; and where the City of Jesup is the owner, the mayor of Jesup is authorized to sign in behalf of the city. When the right

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of way of any railroad company crosses any street, highway, or other thoroughfare within the corporate limits of said city, such company shall be deemed, for the purposes of this Act, as the owner of property on both sides of the street, highway, or the 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 tracks. Any and all property owned by Wayne County, lying within the corporate limits of said city and abutting on any street or sidewalk or highway thereof, shall be assessable for any and all public improvements authorized by this Act, in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the county of such property; and such assessments made against such property shall be collected from the county by an action at common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county. Assessment where State or county is owner of property. Assessment where railroad company is owner of property. Sec. 14. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Jesup shall have full and complete control 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 Jesup. Whenever the said mayor and said city council of the City of Jesup shall exercise the powers 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 Jesup shall choose one appraiser and the owner of the land to be taken or damaged shall choose another appraiser, and the two thus chosen, it they fail to agree, shall elect 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

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an appraiser, the clerk and treasurer shall name 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 Wayne 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 Wayne County. All costs, including the fees of the appraisers, shall be paid by the clerk; and at any stage of the proceedings to condemn, before or after the final award, the mayor and council of the City of Jesup may, by paying to the property-owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk, or square. Authority for street improvements. Appraisement of damage to property owners. Appeal from appraisement. Sec. 15. This Act shall be construed as cumulative to other laws now in force providing for public improvements for the City of Jesup, and such other laws as are not in conflict with this Act shall be and remain in force. This Act is cumulative. Sec. 16. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. KINGSLAND CHARTER REPEALED. No. 158. An Act to repeal an Act approved August 6th, 1908, incorporating the City of Kingsland in Camden County, Georgia, with all Acts amendatory thereof; to provide the

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time when this Act shall become effective; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 6th, 1908, incorporating the City of Kingsland, in Camden County Georgia, and granting a charter to said city, and the Act amendatory thereof, approved August 4th 1916, and all other Acts constituting the present charter of the City of Kingsland, in Camden County, Georgia, be and the same are hereby repealed. Repeal of charter. Sec. 2. Be it further enacted by the authority aforesaid, that this act shall become effective and operative when a bill entitled An Act to incorporate the City of Kingsland, etc., shall have been ratified by a vote of the majority of the registered qualified voters of said city, voting in an election to be held as provided in said Act. Effective when. See following Act. Sec. 3. Be it further enacted by the authority aforesaid, that all other Acts in conflict with this Act be and the same are hereby repealed. Approved August 11, 1927. KINGSLAND CITY CHARTER; REFERENDUM. No. 236. An Act to incorporate the City of Kingsland, in Camden County Georgia, to provide that all valid contracts heretofore entered into by the City of Kingsland, or the Mayor and Council of the City of Kingsland, under the old charter shall be good and valid for or against the City of Kingsland, under this Charter; to provide that all property now held or owned by the City of Kingsland or the Mayor and Council of the City of Kingsland, shall be and become the right and property of the City of Kingsland; and that all rights and liabilities of the

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City of Kingsland, or the Mayor and Council of the City of Kingsland, under the old charter, shall accrue to and against the City of Kingsland under this charter; to define and fix the limits of the City of Kingsland; to provide for a mayor and councilmen and other officers of said city, and to prescribe their compensation, qualications, powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working, curbing, or paving of the same; to provide for public parks or playgrounds and the caring for same; to provide for a system of sanitary sewerage; to provide for a system of waterworks and electric lights; to provide for taxation, rate, and collection of same, and the granting of licenses to all kinds of business, trades, professions, and regulating the same; to provide for bond issues for said city and payment of same; to provide for the granting of franchises in said city and the continuance of franchises heretofore granted by the City of Kingsland; to provide for condemnation of private property for public use; to provide for fire limits in said city, and to regulate buildings in the same; to provide for regulating speed of trains, motors-cars, and other vehicles in the limits of said city; to provide for the abatement of nuisances in said city; to provide for a board of health for said city, and for prescribing health regulations in the same; to provide for the location and establishment of cemeteries or burial places in said city; to provide for continuance of present Mayor and Council of the City of Kingsland to be Mayor and Council for the City of Kingsland under this charter until their successors shall be elected under this charter; to declare and define the police powers of said city, and to provide for all matters of municipal concern and cognizance; to empower the Mayor and Council of the City of Kingsland to pass all reasonable and needful ordinances for said city under the corporate name of the City of Kingsland; and for 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 of this Act the inhabitants of the territory embraced in the following boundaries to wit: The territory hereby incorporated is all of the territory embraced in a circle extending one half mile in all directions from the center of King Street and the center of the main line of the Seaboard Air-Line Railway at the point of intersection of said street and railway-track; be and they are hereby incorporated under the name and style of the City of Kingsland, and the City of Kingsland is hereby chartered and made a city under said corporate name and by name is established, and by that name shall have perpetual succession, and are hereby vested with all the rights, powers, and privileges incident to municipal corporations in this State, or cities thereof, and all rights, powers, titles, property, easements, and hereditaments now belonging and in any wise appertaining to said City of Kingsland, or the Mayor and Council of the City of Kingsland, under the old charter as heretofore incorporated, shall be and are hereby vested in the City of Kingsland as created by this Act, and the said City of Kingsland, in Camden County Georgia, created, established, and declared by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, rules, regulations, and resolutions for the transaction of its business and for the welfare and proper government of said city as mayor and council may deem best and not inconsistent with the laws of Georgia and the United States; and the said City of Kingsland shall be capable in law to purchase, hold, enjoy, receive, possess, and retain in perpetuity, or for any term of years, any estate or estates real or personal, lands, tenements, hereditaments of any kind whatever, within or without the corporate limits of said city for corporate purposes: and to sell, alien, exchange, or lease the same, or any part thereof. The said City of Kingsland, created by this Act, is hereby made a body corporate for the legal debts and liabilities and undertakings, of whatever kind or nature, of said City of Kingsland,

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or the Mayor and Council of the City of Kingsland heretofore incorporated; and all ordinances now in force in the City of Kingsland and enacted by the municipal authorities of the City of Kingsland, or by the Mayor and Council of the City of Kingsland under the old charter, and not repugnant to this charter or the laws of Georgia, shall be and are hereby continued in force in said City of Kingsland incorporated by this Act, and the present Mayor and Councilmen of the City of Kingsland shall continue in office as the Mayor and Councilmen of the City of Kingsland, incorporated under this Act, until their present terms expire, or their successors are elected and qualified under this charter, and all other officers of the City of Kingsland under the old charter until their present terms expire or their successors are elected and qualified. New charter. City limits. Powers. Ordinances continued in force; officers continued in office. Sec. 2. Be it further enacted, that the municipal government of said city shall consist of a mayor and four councilmen, who shall constitute the legislative body for said city, and all of whom shall be elected on the day hereinafter fixed. All of said officers shall hold their offices for a term of one year and until their successors are elected and qualified; each of whom shall take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which may be administered by any person authorized to administer oaths under the laws of this State; that the council may elect or appoint such subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter, or any ordinance passed by said council in the pursuance of the rights and powers herein conferred; all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and the city of Kingsland. All of such subordinate officers shall hold their offices at the will of the council, and receive such salary as may be fixed by the council; each of whom shall take an appropriate oath before entering upon the discharge of their respective duties, and shall give such bond as the council may require, payable to the City of Kingsland,

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conditioned upon the faithful performance of the duties of their respective offices. Mayor and council; term of office. Other officers. Salary, oath, bond. Sec. 3. Be it further enacted, that an election shall be held at the city court-room or council chamber in the City of Kingsland on the first Wednesday in January, 1928, and annually thereafter, for a mayor and four councilmen, to serve for a term of one year each and until their successors are elected and qualified. The polls of said election shall be open at ten o'clock in the forenoon and close at three o'clock in the afternoon, standard time. Elections. Sec. 4. Be it further enacted, that all male citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who have paid all taxes imposed and demanded by the authorities of the city, and shall have resided six months within the jurisdictional limits of said city, and no other person, shall qualified to vote at said election. Voters. Sec. 5. Be it further enacted, that the mayor and council shall cause the city clerk of the said City of Kingsland to register the names of all voters who are qualified to vote under the charter of this city, and under the laws of this State, for municipal officers of the City of Kingsland. Registration of voters. Sec. 6. Be it further enacted, that the said city clerk shall provide a suitable book alphabetically arranged, in which to register said qualified voters, and said clerk shall give notice in any newspaper published in said city at least sixty days preceding the election, or shall post at three or more public places, one of which shall be at the court-house door for holding mayors court, a notice that his books are open for the registration of all voters who are qualified to vote for municipal officers in said city. Said registration book shall be closed at least one week before the election. Notice of registration. Sec. 7. Be it further enacted, that it shall be the duty of all persons in said city who desire to register to apply to the city clerk in person, and to furnish said city clerk

Page 1246

evidence of their qualification for registration: and in case the city clerk is not satisfied as to the qualifications of the applicant, he may require the following oath, or affirmation: I do swear (or affirm) that I am a qualified voter for members of the House of Representatives in the General Assembly of the State of Georgia, from the County of Camden, and have paid all taxes legally imposed upon me by the City of Kingsland; so help me God. The city clerk of said city is hereby authorized to administer said oath, and shall keep a record of the same upon the registration book, and may refuse to register said persons as may decline to take the oath aforesaid. Registration. Oath of voter. Sec. 8. Be it further enacted, that any person voting illegally in the municipal election of the City of Kingsland, or falsely swearing (or affirming) in order to register, or otherwise violating any provisions of this Act, shall, on conviction, be punished as prescribed in section 1065 of the Criminal Code of Georgia of 1910. Illegal voting. Sec. 9. Be it further enacted, that said election shall be held under the superintendence of a justice of the peace and two freeholders, or three freeholders, who shall be appointed by the said mayor and council at least five days before the election; and each of said election managers shall, before entering upon his duties, take an oath before some officer of this State, authorized by law to administer oaths, that he will faithfully and impartially conduct said election and will prevent all illegal voting to the best of his skill and power; and in case the said managers of said election shall have any reasonable doubt as to the qualification of any persons who desire to vote therein, they shall have the power to administer the following oath: You do solemnly swear (or affirm) that you have attained the age of 21 years; that you are a citizen of the United States, and are qualified to vote for members of the House of Representatives in the General Assembly of Georgia, from the County of Camden; that you have resided for the last six months within the City of Kingsland, and have paid all taxes legally imposed and demanded of you by said

Page 1247

City; so help you God. Any person who shall take said oath and shall swear falsely shall be deemed guilty of perjury, and be punished upon prosecution and conviction as prescribed by the laws of said State for the punishment of perjury. Managers of election. Oath of voter. Sec. 10. Be it further enacted, that the persons who have received the highest number of votes at said election for mayor, councilmen, and city treasurer, respectively, shall be declared duly elected. Highest number of votes elects. Sec. 11. Be it further enacted, that in case of any vacancy in the office of mayor and council, either by death, resignation, failure to elect, removal from office, removal from the city, or any other cause, the mayor shall order a new election to fill said vacancy, giving ten days notice thereby by publication in any newspaper that may be published in said city, or by posting a notice of the same, for at least ten days, in three or more public places in said city, one of which shall be posted at the door of the court-room where the mayor's court is held in said city; and the registration for the last preceding election shall be applicable thereto. In case of the death of the mayor, his resignation, removal from office, or removal from the city, or a vacancy from any other cause in the office of the mayor the mayor pro tem, shall in like manner order an election for filling said vacancy, giving similar notice of the election to be held; provided, that if any vacancy shall occur within three months next preceding the regular election, no election shall be called to fill said vacancy; in that event, if the vacancy is in the office of mayor, the mayor pro tem. shall, upon taking the oath of mayor, serve out the unexpired term, and the said council shall elect a new mayor pro tem. If the vacancy is in the office of councilmen, there shall be no election to fill out the same unless the council is reduced by vacancy to less than a quorum, which is hereby declared to consist of three councilmen besides the mayor or acting mayor. Vacancy. Sec. 12. Be it further enacted, that after the votes for mayor and councilmen at each election therefor for said

Page 1248

city shall have been counted by the managers, and the result determined, they shall cause two certified copies of the tally-sheets to be made out, one of which shall be handed to the mayor, and the other shall be retained by the managers; and as soon as the mayor of said city shall be informed of the results of the election, he shall cause the persons as aforesaid to be notified of the fact, and the persons so elected shall attend on the first Monday thereafter at the council chamber at the regular meeting of the mayor and council, and the newly-elected mayor and each member of council shall take and subscribe before the clerk of some court of record of this State, or before an officer of said State authorized by law to administer oaths, the following oath: I swear that I will faithfully and impartially demean myself as mayor (or councilman, as the case may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly promised my vote or support to any person or officer in the said government of the city of Kingsland, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in said government to be influenced by fear, favor, or the hope of reward, but in all things pertaining to my office I will be governed by what in my judgment is for the public good and for the best interest of said city; so help me God. Certification of tally-sheets. Oath of mayor and councilmen. Sec. 13. Be it further enacted, that in case the mayor or any member of the council, while in office, shall be guilty of wilful neglect, malpractice, or abuse of power conferred upon him, he shall be subject to indictment therefor in the superior court of Camden County, and on conviction shall be fined in a sum not to exceed one hundred dollars, which fine shall be paid to the city treasurer for the use of said city; and he shall, moreover, be removed from office upon conviction. Malpractice, neglect, etc., by mayor or councilman; penalty. Sec. 14. Be it further enacted that no person shall be eligible as mayor or councilman or city treasurer of the City of Kingsland, unless such person is a qualified voter of said city at the time of his election to such office. Eligibility.

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Sec. 15. Be it further enacted, that the Mayor of said city shall receive no salary unless same is fixed by unanimous vote of a full board of councilmen; and in the event a salary for mayor is fixed, it shall not exceed one hundred dollars annually, payable quarterly. The mayor, or, in his absence, the mayor pro tem., shall preside over all meetings of council. The mayor shall not have a vote except in case of a tie. When presiding the mayor pro tem. shall have his regular vote, and in case of a tie shall have an additional vote to break the tie. The mayor shall have the veto power, and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over the veto by the vote of at least four councilmen, duly recorded on the minutes of council; but unless he shall file in writing with the city clerk his veto of any measure passed by council, with the reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if approved and signed by the mayor. The council shall not have power to override the veto of the mayor unless action on any veto is taken within sixty days after the mayor files his veto with the city clerk. The mayor shall be the chief executive officer of the city. He shall see that all laws, ordinances, resolutions, and rules of said city are faithfully executed. He shall have the general jurisdiction of all the affairs of the city, and to him all police officers and city employees under the direction of the mayor and council shall be directly and immediately subject. He shall have the power and authority to punish for contempt before the mayor and council by a fine not exceeding fifty dollars, or by imprisonment in the city jail or calaboose for a period not exceeding four days, either or both, or in the alternative, the discretion of the mayor. It shall be the duty of the mayor to preserve the peace, and he may appoint special policemen to asist the marshal hereinafter provided for, when in his judgment it may be necessary. The mayor shall be an ex-officio justice of the peace so far as to enable and authorize him to issue warrants and conduct commitment

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trials for criminal offenses committed within the jurisdiction of the City of Kingsland, and he may commit offenders thus tried before him, as a court of inquiry, to the common jail of Camden County, pr admit them to bail as in cases where a justice of the peace has power to commit or admit to bail. The mayor shall have the power and authority to remit or reduce fines or penalties imposed in his court on persons convicted therein for violating any of the laws or ordinances of said city; and he shall also have the authority to parole on good conduct persons convicted in the mayor's court, whenever in his judgment the same is advisable. Salary of mayor. Mayor pro tem. Veto. Mayor's duties and powers. Judicial powers. Sec. 16. Be it further enacted, that at its first regular meeting upon organization the council shall elect one of their number mayor pro tem; and in case of the resignation, death, removal, disability or disqualification of the mayor, the mayor pro tem, shall take the oath as mayor and serve as mayor with all the rights, powers, and duties of the mayor in all respects until the vacancy in the office of mayor shall have been filled in the manner provided for in this charter. [Illegible Text] the services of the mayor pro tem. shall continue for as long as thirty days, he shall be compensated at the same rate and in the same manner that the mayor is paid, and such compensation shall be deducted from the salary of the mayor, unless said mayor's disqualifications or continued absence was from providential cause. Election of mayor pro tem. Compensation. Sec. 17. Be it further enacted, that the qualifications of the members of council shall be the same as those of the mayor, and they shall receive no salary unless same is provided for by unanimous vote of a full board of councilmen and concurred in by the mayor, and shall not exceed fifty dollars per year payable annually. Councilmen; qualifications, pay. Sec. 18. Be it further enacted, that at its first regular meeting after qualification and upon organization, or as soon thereafter as practicable, the Mayor and Council of the City of Kingsland shall elect a city clerk, a city treasurer, and marshal for said city. They shall also elect at the

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same time and place, or as soon thereafter as practical, a city tax-receiver, which may be the same person as they elect as city clerk, and also a city tax collector, which may be the same person as was chosen as city treasurer. The qualifications for each of such subordinate officers herein provided for shall be the same as those for mayor and council; and they shall, upon assuming their duties, take and subscribe such oaths of office as the mayor and council may prescribe; and they shall each give bond in such sum as the mayor and council may direct, for the faithful performance of their duties and the making of a full and true account of all monies and funds coming into their hands from all sources as an officer of said city. The term of office for each of the subordinate officers provided for in this section shall be for a term of one year, or until their successors are elected and qualified. City clerk; treasurer; marshal. Tax-receiver. Tax-collector. Oath, bond, term of office. Sec. 19. Be it further enacted, that the city clerk shall be the clerical officer of the Council, and shall attend all their meetings; he shall be the keeper of the seal of said city; he shall be ex-officio clerk of the mayor's or police court of said city, and attend its sessions; he shall be ex-officio clerk of the board of tax-assessors and the board of health of said city, and he shall be ex-officio clerk or secretary of any other board of said city created under the provisions of this Act, or that may be created or established under the laws and ordinances of the City of Kingsland. The duties of the said city clerk as clerk of the council and as ex-officio clerk of the police court, as ex-officio tax-receiver, as ex-officio clerk of the board of health, and as ex-officio clerk or secretary of any board or commission of said city, shall be such as are prescribed in this Act, or such as shall be prescribed under and by virtue of the laws or ordinances of said City of Kingsland or by the mayor and council thereof. Clerk's duties. Sec. 20. Be it further enacted, that the city treasurer of the City of Kingsland shall make and keep a just and true account of all monies and funds coming into his hands from all sources as an officer of said city. It shall be the

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duty of the city treasurer to receive and safely keep the monies and funds of the city that may come into his hands from every source; to keep separate accounts of the same as may be provided or required under and by the laws and ordinances of said city; he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of said city. Treasurer. Sec. 21. Be it further enacted, that the duties of the city tax-receiver shall be to receive tax-returns of all property in said city, both real and personal, at such time and in such manner as the mayor and council may prescribe by ordinances or otherwise, and upon such blanks prescribed by the mayor and council of said city, and he shall have the authority to administer oaths to taxpayrs on their return of property for taxation; and he shall deliver all such tax-returns over the tax-collector for said city. Tax-receiver. Sec. 22. Be it further enacted, that the duties of the tax-collector shall be to accept and receive all tax-returns made to the tax-receiver for said city, to make the calculation as to amount of taxes to be paid out by any property owner in said city, using the tax rate fixed by the mayor and council; to collect and receipt for all taxes of whatever kind levied, and turn the same over promptly to the treasurer of said city. Tax-collector. Sec. 23. Be it further enacted, that at its first regular meeting and upon organization, or as soon thereafter as is practicable, the mayor and council shall elect a city marshal. They may also elect one or more assistants or city policemen, if in their judgment it may seem proper and necessary, at the same time providing for their compensation. The city marshal shall be elected for a term of one year. All such officers shall take and subscribe such oaths as the mayor and council may prescribe, and shall give bond, with good and sufficient security to be approved by the mayor of said city, in such amount as may be determined upon by the mayor and council, for the faithful performance of their duties, and to account for all moneys

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that may come into their hands as such officers of said city. Said officers shall perform such duties as required and provided for in this Act, and as may be prescribed and required of them by the laws and ordinances of said city, and by the mayor and council. Marshal. Sec. 24. Be it further enacted, that the Mayor and Council of said City shall have the power and authority to employ an attorney to represent said city in any litigation to which said city may be a party, or in any matter in which said city or the municipal authorities thereof may need legal counsel. Their said city attorney shall be paid for his services such fees as may be reasonable and just, and as may be agreed upon between himself and the mayor and council. City attorney. Sec. 25. Be it further enacted, that the mayor and council shall have authority to employ a city sexton to have the superintendence of and the care of the city cemeteries; his duties shall be such as shall be prescribed by the mayor and council and by the laws and ordinances of said city. He shall receive such compensation as may be prescribed for by the ordinances of said city or by the mayor and council. Sexton. Sec. 26. Be it further enacted, that the mayor and council shall have authority to elect a city physician, whose duties shall be such as required by the ordinances of said city and by the direction of the mayor and council, and his compensation shall be fixed by the laws and ordinances of said city or by the mayor and council. He shall co-operate with the board of health hereinafter provided for, and shall consult and advise with the board of health in their efforts to maintain the cleanliness of said city and preserve the health of the inhabitants thereof. City physician. Sec. 27. Be it further enacted, that the mayor and council of the City of Kingsland shall have the right at any time, without a trial, to suspend or remove any of the subordinate officers of said city, including the clerk, treasurer, tax-receiver, tax-collector, marshal, policemen, city

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attorney, city physician, and sexton, for any breach of duty or failure to perform duty, insubordination, incapacity, or for conduct unbecoming for an officer or gentleman, or for other good and sufficient cause or reason, to be adjudged by the mayor and council. The mayor may, at any time during a recess of council, suspend any of said officers for any of the above-named reasons, for a period not to exceed ten days without pay, and appoint a substitute therefor. Suspension or removal of officers. Sec. 28. Be it further enacted, that the mayor and council of said city shall be empowered to employ such additional police or detective force as a good government of said city may require. The compensation and duties of said force shall be fixed and determined by said mayor and council. Additional policemen, etc. Sec. 29. Be it further enacted, that the mayor, and, in his absence, the mayor pro tem., and, in the absence of both, any one or more members of the council, may hold mayor's court for the purpose of trying offenders against the laws and ordinances of said city, and may exercise all the powers conferred by this charter upon the mayor, and may punish, for a violation of a law or ordinance of said city, by a fine not exceeding one hundred dollars, imprisonment in the city jail, or the county jail by permission of the county authorities, not exceeding fifty days, work on the streets or other public works under the supervision of the marshals of said city, not exceeding fifty days, one or more, or all of these, at the discretion of the trial court. While sitting as a court for the trial of offenders the said court shall have the power to punish for contempt by fine not exceeding fifty dollars, imprisonment or work in the manner already described in this section, not exceeding fifty days, one or more or all of these at the discretion of the trial court. There may be an appeal in any case from the mayor's court to council; the judgment therein may be reviewed by certiorari to the superior court of Camden County. Mayor's court. Contempt of court. Appeal; certiorari.

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Sec. 30. Be it further enacted, that the mayor of said city shall be ex-officio a justice of the peace, as far as to authorize him to administer oaths, attest deeds, mortgages, or any other instrument or paper which a justice of the peace is authorized to attest, to issue warrants for any offense committed within the corporate limits of said city against any law or ordinance of said city or of this State; and when the offense is against laws of the State, the mayor may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, the same as a justice of the peace could do; if the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the accused before the mayor's court for trial, and none other, and the same shall be disposed of as other cases of arrest not made under warrant. All warrants issued by the mayor, or those acting in his stead, shall be directed To the Marshal of Kingsland, and to all and singular sheriffs deputy sheriffs, and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs have to execute criminal warrants. Mayor ex-officio justice of the peace. Warrants. Sec. 31. Be it further enacted, that the mayor, or those holding mayor's court in his stead, shall have power and authority to subpoena witnesses to attend the mayor's court under the same rules and regulations that govern the superior courts of this State, and to compel their attendance, and to punish any witnesses who have been subpoenaed and failed to attend, under the provisions for contempts already provided for in this charter. Witnesses. Sec. 32. Be it further enacted, that all trials in the police court of said city shall be had without written pleadings of any kind, unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation in writing shall be preferred against him, in which event a written accusation, in form substantially as follows: Georgia, Camden County, City of Kingsland..... In the Mayor's Court of the City

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of Kingsland: I,..... marshal (or policeman) of said City, in the name and behalf of the City of Kingsland, charge and accuse..... of the offense of....., contrary to the laws and ordinances of said city, the good, order, peace, and dignity thereof, shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court; whereupon the defendant shall enter his pleas thereon in writing; and the issue being thus formed, the case shall proceed to trial and disposition. Accusations. Sec. 33. Be it further enacted, that the said mayor while acting as judge of the police court shall have authority to subpoena witnesses and compel their attendance, whether residents of said city or not; to issue subpoenas duces tecum, for witnesses and the production of books and papers, whether in the city or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary, and to take bonds to secure their attendance, and to forfeit said bonds before said mayor's or police court; to punish as for contempt, failure to obey its legal summonses or subpoenas; to grant continuances under rules of law; to take bonds and recognizances for persons charged with offenses against the laws and ordinances of said city, for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and place specified therein; and shall have the authority to do generally all other acts and things necessary for the proper enforcement of its authority. Subpoenas. Powers as to witnesses. Sec. 34. Be it further enacted, that the marshal or any policeman of said city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a bond with good and sufficient security to be approved by the marshal or other arresting officer, or city clerk of said city, payable to the mayor of said City of Kingsland, in an amount fixed by the said marshal or

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other arresting officer and the city clerk of said city, for the personal appearance of such persons before the police court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence, except by leave of the court. And in the event such principal fails to appear before said court as stipulated in said bond, said bond shall be forfeited in said court, and the presiding officer thereof shall have the power and authority to order the principal in said bond rearrested and placed in the city jail or calaboose until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper. Bond for appearance. Sec. 35. Be it further enacted, that in no case, except as hereinafter provided, shall the marshal or any policeman of said city make any arrest of any person charged with the violation of any of the laws and ordinances of said city, without first having procured from the mayor, or mayor pro tem., of said city (each of them being hereby authorized and empowered to issue warrants for the apprehension and arrests of persons charged with violating any of the laws and ordinances of said city) a warrant for the arrest of such persons, unless the offense or violation is committed in the presence of such arresting officer, or the offender is likely to escape, in which event he may arrest and detain such persons until a proper warrant can be secured, authorizing the offenders further detention, the marshal and policeman of said city, and the detective force, being fully authorized and empowered to arrest any person within the corporate limits of the City of Kingsland, charged with an offense against its laws and ordinances, and to imprison and confine such persons arrested by them in the city jail or calaboose, or in the jail of Camden County, until the trial, or admit them to bail as provided. The marshal and policemen of said city are authorized, to the same extent as sheriffs of this State, to execute warrants places in their hands charging any person

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with a violation of any of the criminal laws of this State. The marshal and policemen are also authorized to arrest anywhere within the limits of this State any person charged with a violation of the laws and ordinances of said city, upon a warrant from the proper officer of said city authorized to issue the same. Warrant for arrest. Arrests. Sec. 36. Be it further enacted, that the Mayor and Council of the City of Kingsland shall have the power and authority to authorize, by ordinance, the marshal or any policeman of said city to summons any and all bystanders to aid in the arrest of any person or persons violating any ordinances of said city or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Power to require bystander to aid in arrest. Sec. 37. Be it further enacted, that said mayor and council may, by ordinance, declare what shall be nuisances in said city, and by ordinance provide for the abatement of the same. Nuisances. Sec. 38. Be it further enacted, that the mayor and council of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals from running at large in said city; to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept, if allowed kept; to limit the number of hogs to be kept by persons in said city, if allowed kept therein; and shall have full power and authority to take up and impound any of such animals and punish all owners of any such animals who shall fail or refuse to obey such ordinances as may be adopted by the mayor and council of said city to carry out and effectuate this authority. The mayor and council shall also have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said city, to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe the punishment for violation of said ordinances. Animals at large. Tax on dogs.

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Sec. 39. Be it further enacted, that the mayor and council shall have authority to establish a pound for the impounding of any of the above-mentioned animals, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where owner appears or when payment of the impounding fees charged, penalties, or cost is refused; to provide for the disposition of the proceeds of the sale of impounded animals; and to provide for the punishment of all persons who, without authority, shall break or enter the pound. Impounding. Sec. 40. Be it further enacted, that the mayor and council of said city shall have the power and authority to require every male inhabitant in said city, who by the laws of this State is subject to work on the public roads, to work such length of time on the streets of said city as the mayor and council may by ordinance direct, in no case to exceed fifteen days in any one year. Said persons so subject to street work shall have the right to relieve themselves of said work by paying a commutation tax which said mayor and council shall fix by ordinance, and which tax shall in no event exceed five (5) dollars per annum; said street work to be done, and commutation tax paid, at such times as the mayor and council may by ordinance direct. Any persons subject to work or pay said tax and failing to do so, after being properly notified as provided under the laws and ordinances of said city, shall be punished in the police court of said city as the mayor and council may by ordinance prescribe. Street work. Commutation tax. Punishment. Sec. 41. Be it further enacted, that the said mayor and council shall have the authority to establish and put in operation a board of health for said city. The duties, powers, and compensations of said board, and the number of members that shall comprise the same, shall be such as are fixed and prescribed by the ordinances and laws of said city. Said mayor and council shall have authority to enact

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all ordinances and regulations prescribing penalties for the violation of such laws and ordinances that may be necessary for the purpose of maintaining such board of health. Board of health. Sec. 42. Be it further enacted, that the said mayor and council shall have the power and authority to enact and enforce ordinances to prevent the spread of any infectious or contagious diseases; to compel the vaccination of all persons within the limits of said city, whether residents or sojourners; also, to isolate any person or persons in said city afflicted with any contagious or infectious disease by confining such person or persons within the limits of the premises provided by the mayor and council, either within or without the corporate limits of the city for such purposes; to isolate any person or persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such disease, by confining such person or persons during such period, within the premises provided for by the mayor and council, either within or without the corporate limits of said city. The mayor and council shall also have the power and authority to establish, declare, and maintain quarantine regulations against all contagious or infectious diseases, and to punish violators of any quarantine regulations of the city. They shall have power to build, establish, and maintain pesthouses, either within or without the corporate limits of the city, and for this purpose they are authorized to buy, hold, or receive real estate either within or without the city limits. They shall have the power to provide vaccination points, and to employ physicians at the expense of the city to vaccinate all persons who are unable to procure vaccination, and may provide by ordinance punishment for persons failing or refusing to be vaccinated, and to prescribe punishment for all persons violating any ordinances, rules, and regulations enacted by said mayor and council for the prevention of diseases and for the promotion of the health of said city. Health regulations.

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Sec. 43. Be it further enacted, that said mayor and council may enact any and all ordinances, rules, and regulations necessary to lay out and prescribe a fire district in said city, and enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered; how thick the walls must be, how the chimneys, stovepipes and flues are to be constructed; to provide for fire-escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible from dangers from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove-pipes or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such change or removal, which expense may be collected as taxes are collected; and if any person, firm, or corporation shall erect or maintain any building that is not in accordance with the laws and ordinance of said city, said mayor and council may order such buildings removed or altered; and if such person, firm, or corporation shall not move or alter such buildings after notice to do so is given as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owners, which expense may be collected as taxes are collected. Fire regulations. Sec. 44. Be it further enacted, that the mayor and council of said city shall have the absolute, full, and complete control and supervision of the streets, sidewalks, alleys, lanes, parks, and squares of said city, and shall have full power and authority to open lay out, widen, straighten, grade, or otherwise change the streets, sidewalks, alleys, lanes, parks, and squares of said city, and shall have the power to lay off, grade, vacate, close up, open, curb, and pave the roads, streets, bridges, alleys, sidewalks, cross-drains,

Page 1262

cross-walks, drains, and gutters, or any of them, for public use, or the use of laying wires or lines, or sewer-pipes, throughout the streets, squares, lanes, alleys, and parks of said city, upon such terms and conditions as the mayor and council may by ordinance provide; and the mayor and council of said city shall have full power and authority to condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares, and parks in said city, and for the purpose of widening, straightening, grading, or in any way changing the streets, lanes, and sidewalks of said city. Whenever the said mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian, or agent, under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use, as contained in Article 1, Chapter 9, of the Code of Georgia of 1910, beginning with section 5206 and embracing all sections following the same having reference to the condemnation of private property for public use, and as provided by acts amendatory thereof. The mayor and council of said city shall have full power and authority to remove or cause to be removed any building, steps, fences, gates, posts, or other obstruction, or nuisances of any kind in the public streets, alleys, lanes, sidewalks, parks, or squares of said city, and to enforce the provisions of the section by enactment of appropriate ordinances. Power as to streets. Condemnation of property. Sec. 45. Be it further enacted, that the mayor and council of said city shall have full power and authority to pass all laws and ordinances necessary for the draining and proper maintenance and care of the streets, alleys, side-walks, and other public places of said city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize,

Page 1263

or repair, in any way, the pavement, curbing, grade, or drainage of the same, whenever in the judgment of the said mayor and council the same becomes necessary or advisable; and the said mayor and council shall have the right and authority to provide, by ordinance how said paving, grading, macadamizing, or repairing, maintenance, and care of the same shall be paid, whether by the city or whether by the adjacent-land owners, or by both. Street improvements. Sec. 46. Be it further enacted, that the mayor and council of said city shall have full power and authority, by ordinance, to regulate and prescribe the speed of railroad-trains running within the limits of said city; they shall also have the full power and authority to regulate the speed of automobiles, motorcycles, or other vehicles driven by either steam or gasoline, on the streets of said city; they shall also have full power and authority to prohibit by ordinance the riding of bicycles, motorcycles, or other vehicles or any other kind whatever, upon the sidewalks of said city. Speed of trains and vehicles. Sec. 47. Be it further enacted, that the Mayor and Council of the City of Kingsland shall have the power and authority to build, establish, maintain, equip, repair, extend, or enlarge a system of waterworks, sewerage, electric lights (any one or all of them) in the City of Kingsland, for the purpose of supplying its inhabitants and the city and consumers generally with water, sewerage, and electric lights, or any of them, and the said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons, firms, or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easement over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and, if necessary for any or all of such purposes, to condemn the same as herein provided for. Said mayor and council, in the name of the city, shall have full

Page 1264

power and authority to make purchase of plants, machinery, and any and all articles and things that may be necessary or advisable for the proper equipment of said plants or either of them, and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plants or either of them; to build and erect houses, bore wells, build shapes and to furnish the same with machinery, tools, and equipment that may be necessary or expedient in the care and maintenance of said plants; and to generally have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance, and improvement of said plants or in the extension or enlargement thereof. Said mayor and council, in the name of the city, shall have the right and authority to make contracts with the inhabitants of said city, and to consumers generally, whether residents of said city of residents without the limits thereof, for the furnishing of water, electric lights, electric power, sewerage, or any of them, at such rates and under such rules and regulations as the mayor and council may provide. Said mayor and council in the name of said city, shall have the right, power, and authority to contract with any person, firm, or corporation whatever, for the furnishing of electric lights to light the streets of such municipality, or for the furnishing of electric power to said city, upon such terms, conditions, stipulations, agreements, and limitations as the mayor and council may prescribe; and the said City of Kingsland shall have the power and authority to enforce such contracts in the courts of this State, in the same manner that other contracts are enforced under the laws of Georgia. Said mayor and council shall also have the right and authority to contract with persons, firms, and corporations in other municipalities for the furnishing of electric lights and power under the same terms, rates, rules, and regulations as the same is furnished to residents of the City of Kingsland, or at a higher rate as the said Mayor and Council of the City of Kingsland may provide. For the purpose of carrying out the provisions of this Act the

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mayor and council of said city shall have the right and authority to purchase or condemn land and premises for such purposes, whether within or without the limits of said city, the condemnation proceedings to be the same as hereinbefore set out in this charter. Waterworks, sewerage, electric lights, electric power. Condemnation of property. Sec. 48. Be it further enacted, that the said mayor and council shall also have full power and authority to grant franchises over its streets and other public property to any persons, firms, or corporations for the furnishing of water, electric lights, electric power, sewerage, or any of them, to the city and its inhabitants, and to make such contracts, with such persons, firms, or corporations for water, electric lights, electric power, sewerage, or any of them as the mayor and council, may deem proper; provided further, that no such franchise shall be granted for a period longer than twenty years from the date of granting same. The Mayor and Council of the City of Kingsland are hereby authorized and empowered to enact all laws, ordinances, rules, and regulations necessary to carry out and effectuate this section; provided, however, that any franchise heretofore granted to any person, firm, or corporation by the City of Kingsland shall be continued for the full period of time as heretofore granted by said town. Franchises. Sec. 49. Be it further enacted, that the City of Kingsland may issue its bonds for the payments of its debts or for public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia, as found in sections 440 etc. of the Political Code of Georgia. Bond issues. Sec. 50. Be it further enacted, that it shall be the duty of the mayor and council of said city to set aside annually a sufficient sum as a sinking-fund to retire the bonded debt of said city, and to pay the interest thereon as said interest becomes due. Sinking fund. Sec. 51. Be it further enacted, that whenever the City of Kingsland, acting through its mayor and council, shall desire to create a bonded debt for the purpose of carrying

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into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by two thirds of the qualified voters of said city at an election held for that purpose as provided by law. The mayor and council shall have the authority to enact such ordinances to carry out and effectuate the provisions of this section. Bond election. Sec. 52. Be it further enacted, that the mayor and council of said city shall have the full power and authority to tax and grant licenses to persons keeping markets in said city, and to provide for the inspection of all meats., fruits, and vegetables sold or offered for sale in said city, as well as for the inspection and regulation of all butcherpens used by butchers in said city, whether said pens are located within the limits of said city or not, and all animals slaughtered or intended for slaughter by the owners of markets or persons conducting same, and all animals brought in said city for sale to markets or brought into the city after being sold, for the purpose of being butchered and dispensed to the people of said city. The said mayor and council of said city shall also have the right and authority to tax, license, regulate, and control by ordinance all taverns, hotels, boarding-houses, cafes, restaurants, sode-water founts, places for the sale of creams, ices, soda-water, and soft drinks of any character, or dealers in the same; livery-stables, sales-stables or lots, and owners or keepers of same; hacks, drays, jitneys, or other vehicles and operators of same; auctioneers, vendue-masters, itinerant tracers, picture-shows, theaters, shows and exhibitions and fairs of all kinds, theatrical performances; dummy or street-railways, oil-mills, ice-works or factories, ginneries, grist-mills, flour mills, planning-mills, sawmills, and all other kinds of mills; machine-shops wood-shops, black-smith-shops, garages, and shops of any other kind; circuses, and owners or managers of same; lightning-rod dealers, itinerant or otherwise; bill-posters, book-agents, peddlers of stoves, machines, or any article of merchandise; itinerant traders, emigrant agents, itinerant vendors

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of any and all kinds of goods, wares, merchandise, or other things, salesman offering for sale stock in oil companies or any corporation; pool-rooms, billiard-rooms, pool-tables, billiard-tables, and any and all kinds of tables for public play, bolling-alley, and every keeper of any thereof, and every keeper of any table, devices, stand, or place for the performance of any game or play, whether played with sticks, balls, rings, or other things and contrivances; upon flying jennies, merry-go-rounds, and other like contrivances, skating rinks, dance-halls, or the owner or operator or keeper of any of them; dealers in bicycles, velocipedes, and other like vehicles; dealers in automobiles; insurance companies of any character, and agents representing any such companies, debenture companies, bond companies, and agents thereof; loan companies, and agents thereof, and loan agents for any and all kinds of business; oil companies and agents thereof; brokers and commission merchants of all kinds; dealers in petroleum oils of any character; dealers in lubricating oils, paints, or like articles; undertaking establishment, undertakers, newspapers, publishing companies, job-printing establishments; dealers in coffins and caskets, and undertaking supplies; dealers in futures; guano factories and dealers in guano or fertilizers of any kind; keepers of slaughter-pens; dealers in fresh fish and oysters; dealers in vegetables, fruits, breads, or other articles of food; dealers in coal, wood, ice, or any or all of them; owners or keepers of bakeries, plumbers; banks or bankers; telephone companies, telegraph companies, express companies, real-estate companies, or brokers; dealers in plumbers supplies, dealers in builders supplies; marble-yards, brick-yards, barber-shops, junk-shops, cotton warehouses, and any and all other kinds of warehouses, bottling-works, or the owners of any of such places; dealers in goods, wares, or merchandise of any character on the installment plan; dealers in lime, brick, cement, lumber, shingles, junk, or any of such articles, and all and every other business, agency, calling, vocation, trade, or dealer, not heretofore mentioned, and which under the constitution and laws of Georgia are subject to license and specific. The mayor

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and council shall have the right to fix and prescribe the amount of said taxes and license; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued under this section; to provide for the enforcement and effectuating the provisions of this section, and to provide penalties for the violation of the provisions thereof. Licenses. Sec. 53. Be it further enacted, that said mayor and council shall have full power and authority to require any person, firm, or corporation, whether a resident or non-resident of the City of Kingsland, engaged in or carrying on or who may engage in or carry on any trade, business, vocation, or profession within the corporate limits of said city, either by themselves or by their agent or agents, to register their names and business, calling, vocation, or profession annually, and to require such person or firm or corporation to pay for such registration, and for license to prosecute, carry on, or engage in such business, calling, or profession such amount as the mayor and council may by ordinance require. Said mayor and council may by ordinance provide for the punishment of all persons, firms, or corporations who are required by ordinances to pay the said special tax and register, who shall engage in or offer or attempt to engage in such business, calling, or protession without first complying in all respects with the city ordinances in reference thereto. Registration of business, etc. Sec. 54. Be it further enacted, that the Mayor and Council of the City of Kingsland shall have power and authority to levy and collect a tax annually of not exceeding seventy-five cents on the one hundred dollars upon all and every species of property, both real and personal, within the limits of the City of Kingsland, including, bonds, notes, debts, choses in action, money employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale, as provided for by and under the laws of the State of Georgia, and as provided for by ordinance of the mayor and council of said city. Tax rate.

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Sec. 55. Be it further enacted, that said mayor and council shall, at their first meeting in March of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city, and owners of real estate therein, as city tax-assessors, whose terms of office shall be one year. Said city tax-assessor shall at any time be removed from office by the mayor and council, for good and sufficient cause to be judged by said mayor and council, and all vacancies occurring from any cause may be filled by the mayor and council at any time. It shall be the duty of said tax-assessors to assess the value of real estate in said city for the purpose of taxation by said city; and it shall be their duty to examine the tax-returns placed before them by the officers receiving the same, and increase the valuation of the personal property thereof when in their judgment the value placed thereon is too small. The mayor and council shall have the authority to prescribe rules for the government of said city tax-assessors. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. If any taxpayer is dissatisfied with the assessment made of his property either real or personal by said assessors, such taxpayer shall within ten days after the assessors have made their returns to the mayor and council, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk, it shall be the duty of the mayor to forthwith name an arbitrator to represent said city in fixing the value of the property in dispute, and the two arbitrators so elected shall be immediately notified by the city clerk and shall forthwith select an umpire, and the board of Arbitrators so constituted shall immediately proceed to give their awards as to the value of such property, which award shall be returned to the city clerk, and shall be final on both the city and taxpayer. The mayor and council shall have the power and authority

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to pass such ordinances as are required to effectuate this section. Tax assessors. Sec. 56. Be it further enacted, that the mayor and council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due. Tax collection. Sec. 57. Be it further enacted that the mayor and council of said city shall have the right and authority, by ordinance, to prohibit idling, loitering, and loafing on the streets, alleys, lanes, squares, and sidewalks of said city, or upon any of them, and to prohibit the idling, loitering, and loafing in any of the public buildings in said city, and to prescribe penalties for the violation thereof. Power to prohibit idling, loitering, etc. Sec. 58. Be it further enacted, That the mayor and council of said city be and are hereby empowered and authorized to regulate by ordinances the selling, weighing, measuring of hay, wood, ice, coal, coke, and all other articles and commodities sold by weight or measure; to require dealers to keep honest weights and measures, to give full and honest weight and measures; to provide for the inspection and regulation of such weights and measures; to provide that the marshal and policeman of said city shall have the power and authority to stop wagons or drays loaded with any of such articles and commodities and have the same measured or weighed, and see if the articles or commodities thereon are of full weight or measure; and to prescribe penalties for any violation of this section or ordinance adopted effectuating the same. The provisions of this section shall also apply to persons who reside without the limits of the city, bringing any of said articles or commodities in said city for sale. Weights and measures. Sec. 59. Be it further enacted, that the mayor and council of said city shall have full power and authority to compel any resident or non-resident, or property-owner owning lands located upon any of the streets of said city, over

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which the water and sewerage system may hereafter extend, upon which lands houses are erected, or may be erected, and occupied either by the owner or by the tenants, to connect the same with the water and sewerage systems now laid or hereafter laid by said city, and to compel said property-owners, or other owners controlling or using such building, to pay the expense of said connections when done by the city (which authority is hereby granted in the event such owner or other person fails or refuses to cause such connections to be made within such reasonable time as the mayor and council may direct), in the same manner and under the same rules and regulations that the collections of taxes are enforced. The mayor and council of said city shall have the authority to require all surface-wells, dry-wells, or other places to be filled in at the expense of the owner; and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. Water and sewerage connections, power to require. Filling wells. Sec. 60. Be it further enacted, that the mayor and council of said city shall have full power and authority to regulate the building or the repairing of any buildings within the corporate limits of said city or the removal thereof; to require persons desiring to build, repair, or remove buildings in said city to first obtain a permit from the mayor and council or from such officer as may be authorized to grant the same, before erecting, repairing, or removing same; to refuse to allow buildings to be erected, repaired, or removed in said city when satisfied that said buildings or addition thereto, or repairing thereof, or the removal of same will be manifestly against the best interests of the city, or will endanger the safety or health of the citizens, or likely to become a nuisance and offensive to the property-owners or residents of said city; to require applications

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for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom filed; to provide for the removal, at the expense of the owners or builders of any houses erected, repaired, or removed in violation of such rules and regulations as may be prescribed by said mayor and council for the building, repairing, or removing houses in said city; and the mayor and council of said city are hereby authorized and empowered to enact all ordinances to carry out and effectuate the provisions of this section, and to provide a penalty for the violation of such ordinances. Building regulations permits. Sec. 61. Be it further enacted, that the said mayor and council shall have the full power and authority, by ordinance, to establish and maintain public parks in the streets of said city and at other places therein, as they may deem proper. Parks. Sec. 62. Be it further enacted, that said mayor and council shall have full power and authority to provide for the working of the convicts from the police court upon the streets and other public places and works of said city; to establish, equip, and maintain a city chain-gang, and prescribe rules and regulations for the proper management of same; to maintain, establish, and equip a city jail or calaboose in said city for the safe-keeping of prisoners, convicts, and persons charged with violating the laws and ordinances of said city, and to provide for the feeding of such prisoners. The mayor and council shall have the authority to enact such ordinances necessary to carry out the provisions of this section. Prisoners. Sec. 63. Be it further enacted, that said mayor and council shall have the power and authority by ordinance to create and establish a fire department in said city, to provide for the pay and equipment thereof, to purchase any necessary apparatus, and make any needful rules and regulations for its proper maintenance. Fire department. Sec. 64. Be it further enacted, that the mayor and council of said city shall have the power and authority to borrow

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money for the use of said city by making a temporary loan to supply casual deficiency of revenue, not to exceed one fifth (1-5) of one (1) per cent of the assessed value of the taxable property therein in any one year; and it is further enacted that the sum or sums so borrowed shall be paid out of the income of the city for the fiscal year in which the loan or loans are made, and before the expiration of the fiscal year in which the same was or were made. Borrowing. Sec. 65. Be it further enacted, that the mayor and council of said city may codify all ordinances, resolutions and by-laws of said city, together with the charter of said city, into one book, to be known as the Code of the City of Kingsland; and when the same is adopted by said mayor and council, said code shall be admitted in evidence in any of the courts of this State, upon the certificate of the city clerk certifying the same to be the code of laws and ordinances of said city. The mayor and council shall have the power and authority to revise said code or recodify the laws and ordinances of said city whenever they may deem it necessary. City Code. Sec. 66. Be it further enacted that the mayor and council of said city may select some bank as a city depository and may require the treasurer of said city to deposit all funds of the city therein. Said depository may be selected upon such rules, regulations, conditions, and requirements as the mayor and council may by ordinance prescribe. Bank as depository. Sec. 67. Be it further enacted, that the mayor and council of said city shall have the full right and power, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage, either or all of them; to provide for the inspection of same, and to fix the rates of fare and carriages thereon, and to fix and prescribe penalties for violation thereof. Regulation or transportation for hire. Sec. 68. Be it further enacted, that the mayor and council of said city shall have the right, power, and authority by ordinance, to regulate the keeping of gunpowder, dynamite,

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petroleum oils, turpentine, and any and all other kinds of explosives or combustible materials; to regulate the sale and use of firecrackers, torpedoes, skyrockets, and any other kind of fireworks; or to prohibit the use or firing of them, or either of them, within the limits of said city, and to prescribe penalties for violations of such ordinances. Explosives or combustibles. Sec. 69. Be it further enacted, that the mayor and council shall have exclusive jurisdiction over all cemeteries belonging to said city. They shall also have the right and authority to regulate the establishment of any cemetery in said city or extending or enlarging the boundaries of any cemetery now located in said city; and no new cemetery shall be established or located within the limits of said city except by approval and consent of the mayor and council thereof, and the boundaries and limits of any cemetery now located in said city shall not be extended or enlarged except by the consent and approval of said mayor and council. Cemeteries. Sec. 70. Be it further enacted, that the Mayor and Council of the City of Kingsland shall have the power and authority, by ordinance, to prohibit, within the limits of said city, the hazarding of money or other things of value at what is commonly known as matching to match for drinks, any and all other games (other than innocent games) for the hazarding of money or other things of value; to prohibit the owners, lessees, or occupants of buildings in said city from allowing or permitting persons to match for drinks, money, or other things of value therein, or to use other schemes for the hazarding of money or other things of value therein; to prohibit raffling in said city; and to prescribe penalties for the violation of any and all such ordinances. Matching for drinks, raffling, games for hazarding money, etc. Sec. 71. Be it further enacted, that the marshal and policemen of said city shall have the right and authority, upon proper warrants, to break and enter any house or place in said city where they or either of them may have reason to suspect that any of the laws and ordinances of the

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city are being violated, and to arrest the persons therein and imprison or admit them to bail as hereinbefore provided for in cases of arrest. Arrests; right to break and enter houses. Sec. 72. Be it further enacted, that the mayor and council of said city shall have the right, power, and authority to employ, at such times as they may deem necessary, an auditor to examine and audit the books of the city and each department thereof, and to pay a reasonable compensation therefor. Auditor. Sec. 73. Be it further enacted, that whenever any real property is sold under any process of the City of Kingsland, the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser; but all such property that may be sold under execution for city taxes shall be subject to redemption within the period allowed by law of property sold under execution for State and County taxes. Tax deeds; redemption. Sec. 74. Be it further enacted, that the mayor and council of said city shall have the right to elect such other municipal officers beside those herein specified as to them seem necessary and proper therefor when necessary, by ordinance, and in the same manner prescribing their duties and compensation and fixing their compensation. Additional city officers. Sec. 75. Be it further enacted, that the salaries of all city officers, when fixed and determined by the mayor and council in the manner prescribed in this Act and in the manner prescribed by the laws and ordinances of said city, shall not be increased or diminished during the terms of office for which such officers are elected. Salaries; increase, etc Sec. 76. Be it further enacted, that authority to carry out and effectuate by ordinance each and every power granted to the City of Kingsland in this Act is hereby expressly conferred on the mayor and council of said city; and said mayor and council shall have generally the power and authority to make and pass such rules, by-laws, and ordinances as shall appear to them necessary or requisite

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for preserving or promoting the peace, dignity, good order, and welfare of said City of Kingsland. General powers. Sec. 77. Be it further enacted, that this Act shall not become effective until it is ratified by a majority vote of the registered qualified voters of said City of Kingsland, voting at an election to be called by the mayor and council of said city at a date not less than thirty days nor more than sixty days from September 1st, 1927. The clerk of said city shall make out and certify a registration list to be used at said election, placing on said list the names of all parties whose names appear on the registration list last made out by the county registrars, and who have resided in said city six months prior to September 1st, 1927. Said list so certified shall be filed with the mayor and council of said city ten days prior to said election. If at said election a majority of the registered qualified voters of said city, voting in said election, shall vote to ratify this Act, it shall become effective upon the returns of said election being filed with the mayor and council of said city and the result of said election places upon the minutes of said city. Should a majority of the registered qualified voters of said city, voting at said election, vote against the ratification of this Act, then same shall be void and shall not become effective. Referendum as to adoption of Act. Sec. 78. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. LAFAYETTE CHARTER AMENDMENTS. No. 61. An Act to amend an Act approved August 17th, 1914, codifying and consolidating the various Acts incorporating and amending the incorporation of the City of LaFayette in the County of Walker, and the several

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Acts amendatory thereof, so as to provide that the mayor of said city may also try cases for violation of city ordinances, in the event of the absence of the recorder, and to provide authority for the mayor and council to compel toilet connections with sewers in said city; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act section 58 of the Act approved August 17th, 1914, amending, codifying, and consolidating the various Acts incorporating the City of LaFayette, as amended by Act approved August 12th, 1924, amending the charter of the City of LaFayette, be and the same is hereby amended by adding thereto, at the end of said section, the following: Provided also, that the mayor, in the event of the absence of disqualification of the recorder, may hold police court. Section 58 of charter amended. Mayor may take absent recorder's place. Sec. 2. Be it further enacted by authority aforesaid, that section 46 of said Act approved August 17th, 1914, amending, codifying, and consolidating the various Acts incorporating the City of LaFayette be and the same is hereby amended by adding at the conclusion thereof the following: Provided further, that each property-owner in said City of LaFayette, who lives on or has property with houses on the sewer-line, such property abutting or adjoining the street where sewer-line runs, shall, upon ten days notice from the city council so to do, connect all toilets in said building on said premises to said sewer-line, and, upon said notice, to also put in such toilets as may be prescribed by said city council; and upon failure so to do, said city may cause same to be done and tax the expense incident thereto to the property-owner, same to be collected by execution therefor, as provided in this section for enforcing drainage, etc. Said city council shall have the further right to enter said premises for said purpose, and use such reasonable means as may be necessary to carry into effect this requirement. Toilet connections with sewers.

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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 July 27, 1927. LEESBURG DUE-DATES OF TAXES. No. 113. An Act to amend an Act entitled an Act to establish a new charter for the Town of Leesburg in the County of Lee, State of Georgia, approved December 21, 1898, so as to fix the due-date of ad valorem taxes to become due and payable on the 20th day of December of each year instead of on March first of each year, as provided for in said Act; and to further amend said charter so as to provide that the street tax shall become due as follows: one half of the said tax levied for each year to become due and payable on the first day of March of each year, and the remaining one half to become due on September first of each year; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that section 17 of the Act approved December 21, 1898, be amended by striking therefrom in the sixth line thereof the words on the first day of March, and inserting therein the words the 20th day of December, so that said section when amended will read as follows: Sec. 17. Be it further enacted, that if any person shall fail or refuse to pay the taxes imposed by the authority of this Act as prescribed, the clerk shall issue an execution against such defaulter, which shall be signed by said clerk and bear test in the name of the mayor; such executions shall bind all the property owned by such delinquent tax-payer on the 20th day of December of the year in which said taxes are due, and all property subsequently acquired, and shall rank as other liens for taxes subject to the laws of Georgia; such executions shall be directed to the marshal,

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or his deputy, who shall enforce the same by levy and sale as in cases of constable's sales, except in sales of real estate; the said real estate shall be advertised as sheriff's sales, and the marshal shall make a deed of sale to the purchaser thereat, and, when requested so to do, put the purchaser in possession. Due-date of of advalorem taxes. Sec. 2. Be it further enacted, that section 19 of said Act approved December 21, 1898, be and the same is hereby amended by striking out said section 19, and substituting in lieu thereof the following: Sec. 19. Be it further enacted that all persons subject to road duty by the laws of this State shall be liable and subject to work on the streets or other public works of said town, not exceeding ten days in each year, under direction of the officers of said town; provided, that the mayor and council shall have authority to levy a tax in lieu thereof, in a sum not to exceed $5.00 per annum; provided further, that any street taxes levied hereunder shall become due and payable as follows: on the first day of March of each year one half of said taxes, and on the first day of September of each year the remaining one half is due and payable; provided further, that all persons who fail to pay the said taxes when due shall be notified to work on the street of said town for five days, and upon failure so to do shall be dealt with and punished as for a violation of the other ordinances of said town; provided further, that the said taxes may be collected by execution, levy and sale, as other taxes. Substitute for section 19 of charter. Street tax, how and when payable. 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, 1927. LENOX ELECTIONS AND TAXES. No. 84. An Act to amend an Act approved December 12, 1901, incorporating the Town of Lenox, then Berrien County,

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now Cook County, as amended by an Act approved August 4, 1916, so when amended the annual election for mayor and council shall be had on the first Wednesday in December each year, instead of the first Wednesday in January each year; and to authorize the mayor and council to levy a tax not to exceed one (1) per cent. on all property, real and personal, subject to the State tax within the corporate limits of said town, for the purpose of paying the expenses of said town; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the first sentence in section 4 of the first-named Act approved December 12, 1901, be amended so as to cause the said first sentence, when amended, to read as follows: Be it further enacted by the authority aforesaid, that on the first Wednesday in December, 1902, and annually thereafter, an election shall be held for mayor and councilmen of said Town of Lenox, which election shall be held by a justice of the peace and two freeholders, or by three freeholders, residents of said town, and not candidates in said election. Time of annual elections. Sec. 2. Be it further enacted by the authority aforesaid, that the words one half of in line three, section 15 of said Act, be stricken so that when amended section 15 will read as follows: Be it further enacted by the authority aforesaid, that said mayor and council shall have the power to levy a tax, not to exceed one (1) per cent. on all property, real or personal, subject to the State tax within the corporate limits of said town, for the purpose of paying the expense of said town, and for the system of public schools hereinafter provided for. They shall also have the power and authorty to require all persons subject to road duty, under the laws of this State, to work on the streets and sidewalks of said town, but they may receive in lieu thereof such commutation fee as said mayor and council may prescribe. Tax limit increased.

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Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1927. LITHONIA EMERGENCY TAX. No. 35. An Act to amend an Act establishing a new charter for the City of Lithonia, approved August 4th, 1913, and an Act amending same, approved August 16th, 1920, wherein an emergency tax amounting to one (1%) per cent. shall be authorized to be levied upon the taxable property of said city for and during the years 1928, 1929, 1930, 1931, 1932, and 1933, to cover emergency demands arising on account of the destruction of its public-school building by fire on the 3rd day of April 1919; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing a new charter for the City of Lithonia, approved August 4th, 1913, and an Act amending same, approved August 16th, 1920, be and the same are hereby amended as follows: Section 1. That the mayor and council of said city be and they are hereby authorized to provide by ordinance for the assessment, levy, and collection of an emergency ad valorem tax on all real and personal property within the corporate limits of said city amounting to one (1%) per cent thereon, for the purpose of enabling said city to raise funds to meet the extraordinary demands caused by the destruction of its public-school building by fire on the 3rd day of April, 1919, the present legislature declaring an emergency exists in said municipality which authorizes said additional tax; provided that not exceeding $25,000.00, exclusive of any interest that may be paid on

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money borrowed to build said school buildings, of the said fund so raised shall be expended on account of expense necessary to meet the demands for building and equipping public-school buildings, and no amount of said fund shall be expended for any other purpose than building and equipping school buildings, and paying the principal and interest on said sums so borrowed or to be borrowed for said purposes in said city or elsewhere; this amount to include the total amount of said levy that has been made and to be collected during the year 1927; this levy to be made over and above the regular tax levie for the general expense maintenance of the public-school system of said city, the regular city tax, and a fund to pay the interest and maintain the sinking-fund of the bonded indebtedness of said city; but this authority shall only exist during the 1928, 1929, 1930, 1931, 1932, and 1933, and said emergency tax shall be levied and assessed upon the property on the tax-books of the said city at the value thereon placed for and during the years 1928, 1929, 1930, 1931, 1932, and 1933, and said emergency tax shall be levied and assessed upon the property on the tax-books of the said city at the value thereon place for and during the years 1928, 1929, 1930, 1931, 1932, and 1933, shall be payable on or before the 20th day of December of each year, or at such other times that the mayor and council of said city shall fix by ordinance; and all the usual machinery of the said city shall be applied to assessing this emergency tax and to collect the same; and following said date aforesaid, if payments are not paid by said time, the existing provisions as to interest, defaults, costs, executions, sales for failure to pay taxes shall attach and be enforced. This emergency tax to be extra and additional to the regular annual tax levy authorized by existing charter provisions. Emergency tax, to rebuild burned school building. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927.

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LUMBER CITY FRANCHISE GRANTS. No. 226. An Act to amend section 20 of an Act creating a new charter for the Town of Lumber City, Georgia, in the County of Telfair, approved August 14, 1909, so as to permit the mayor and aldermen of said Town of Lumber City to grant franchises for a longer period than twenty years; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act section 20 of an Act creating a new charter for the Town of Lumber City, Georgia, and in the County of Telfair, approved August 14, 1909, be and the same is hereby amended by striking all of said section 20 after the word fix in the seventh line of said section, so that said section as amended shall read as follows: Amendment of section 20 of charter. Grant of franchises. Sec. 20. Be it further enacted by the authority aforesaid, that the mayor and aldermen of the said Town of Lumber City shall have the right and power to grant franchises, easements, and rights of way, over, in, under and on the public streets, lanes, alleys, sidewalks, parks, and other property of said town, on such terms and conditions as they may fix. Section as amended. 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 15, 1927. MACON CITY CHARTER. No. 119. An Act to re-enact the charter of the City of Macon contained in the Act approved August 17th, 1914, together with the acts amending same, passed since 1914, with

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certain changes in said acts; to consolidate into one act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said act of 1914 and the Acts amendatory thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the municipal government of the City of Macon shall consist of a mayor and twelve aldermen, 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 succession; shall have a common seal, and be capable in law and equity to purchase, have and hold, receive and enjoy, accept, 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 by said name 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 of the penalties, liabilities, and obligations of the present municipal corporation known as the City of Macon. All officers, agents, and employees of the City of Macon shall continue in their offices in the discharge of their duties under the City of Macon, with the same rights, powers, privileges, and immunities, and subject to the same liabilities, and for the same terms of office and compensation, in the same manner and to the same effect, except as herein otherwise provided, had not the charter of said city been re-enacted, consolidated, and amended as herein provided. Mayor and aldermen. Powers. Officers continued in office. Sec. 2. Corporate Limits . The corporate limits of the City of Macon shall include all the territory embraced and lying within the following boundary lines, to wit; Beginning at the center of the Ocmulgee River at a point where an extended line along the east side of Seventh Street in the City of Macon crosses the Ocmulgee River, run along said continuing line in a northeasterly direction

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one thousand four hundred thirty-two and six tenths feet (1432.6[prime]) to a point where this line meets the south line of the south line of the Central of Georgia Railway right of way; thence angle right and follow the south line of the Central of Georgia right of way two thousand one hundred and ninety-nine and five-tenths feet (2199.5[prime]) to a point where it crosses the line between original county lots seventy-five (75) and seventy-six (76), Macon Reserve east side of the Ocmulgee River; thence angle left eighty-eight degrees, no minutes (88 0[prime]) along line between county lots seventy-five (75) and seventy-six (76) two thousand six hundred and ten feet (2610) to a point where it meets east side of the Milledgeville Road, or Main Street; thence angle left sixty-seven degrees, fifty minutes (67 50[prime]), running eighteen feet (18[prime]) to the east line of Short Street; thence angle right sixty-six degrees, fifteen minutes (66 15[prime]), running four hundred and sixty-two feet (462[prime]) along east line of Short Street to the center line of Broad Street; thence angle right ninety degrees, fifty-six minutes (90 56[prime]), running one thousand, twenty-three and five-tenths feet (1023.5[prime]) along the center line of Broad Street to a point on the east line of Reese Street; thence angle left eighty-nine degrees, ten minutes (89 10[prime]), along east line of Reese Street two thousand, one hundred and fourteen feet (2114[prime]) to county lot line dividing lots fifty-two (52) and forty (40) in said Reserve thence angle left ninety degrees (90) along lot line dividing lots fifty-two (52) and forty (40), fifty-three (53) and thirty-nine (39), fifty-four (54) and thirty-eight (38), in said Reserve, five thousand, one hundred forty-two and two tenths feet (5142.2[prime]) to line dividing lots fifty-four (54) and fifty-five (55), thirty-seven (37) and thirty-eight (38), in said Reserve; thence angle right ninety degrees (90) along line dividing lots thirty-seven (37) and thirty-eight (38) in said Reserve to the north line of lot thirty-seven (37); thence angle left ninety degrees, no minutes (90 0[prime]), and run west along north line of lot thirty-seven (37) to the line dividing lots thirty-six (36) and thirty-seven (37); thence angle left ninety degrees, no minutes (90 0[prime]), and run south along line dividing

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lots thirty-six (36) and thirty-seven (37) to north side of Boulevard, North Highlands; thence along the south and west sides of Boulevard to the east side of the thirty-foot (30[prime]) street which divided Division One (1) of North Highlands from Division G of Shirley Hills; thence angle right running southwest along the east side of said thirty-foot (30[prime]) street to the intersection of said street with Nottingham Drive; thence on a prolongation of said line across Nottingham Drive to the northeast line of Baconsfield Park; thence angle right and running along the northeast boundary line of Baconsfield Park to the north corner thereof, originally marked by an elm tree; thence angle left ninety degrees, no minutes (90 0[prime]), and run one thousand and eight hundred feet (1800[prime]) to center of Ocmulgee River; thence angle right and run along center of Ocmulgee River to a point where Boundary Avenue crosses same; thence south along Boundary Avenue to east side of Gustin Avenue; thence along east side of Gustin Avenue in a northwesterly direction one thousand, one hundred forty-five and four-tenths feet (1145.4[prime]); thence angle left fifty-four degrees, twenty-six minutes (54 26[prime]), along the northern boundary line of Lynwood Cemetery one thousand, eight hundred ninety-five and seven-tenths (1895.7[prime]) to a point where said line intersects alley one hundred and thirty-seven (137[prime]) east of center of Grant Street; thence angle right twenty-eight degrees, fifty-seven minutes (28 57[prime]), and run along north line of alley six hundred and thirty-four feet (634[prime]) to center of Forest Avenue; thence angle left ninety degrees, no minutes (90 0[prime]), and run two hundred and sixty-seven feet (267[prime]) along Forest Avenue to center of street; thence angle right sixty-nine degrees, thirty-one minutes (69 31[prime]), and run two thousand, three hundred and twenty-seven (2327[prime]) to east side of Rogers Avenue; thence angle left eighty-three degrees, thirty-four minutes (83 34[prime]), and run four hundred and eighty feet (480[prime]) along Rogers Avenue to line of fence; thence angle right eighty-nine degrees, thirty minutes (89 30[prime]) and run one thousand six hundred and twenty-seven feet (1627[prime]) to center of Buford Place; thence angle

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right eighty degrees, fifteen minutes (80 15[prime]), and run two hundred and twenty-four feet (224[prime]) along center of Buford Place to north line of McDonald Avenue; thence angle left eighty-four degrees, fifty-six minutes (84 56[prime]), and run seven hundred and sixty-four feet (764[prime]) along north line of said street to west line of Pearce Avenue; thence angle left eighty-seven degrees, twenty-four minutes (87 24[prime]), and run six hundred and ninety-five feet (695[prime]) along west line of Pearce Avenue to north line of an alley; thence angle right eighty-five degrees, twenty-seven minutes (85 27[prime]) and run nine hundred and ninety-seven feet (997[prime]) along north side of said alley to the west side of Holmes Avenue; thence angle left ninety-six degrees, fourteen minutes (96 14[prime]) and run nine hundred and thirty-eight feet (938[prime]) along west side of Holmes Avenue to the north line of Vineville Avenue; thence angle right one hundred and six degrees, fifty-eight minutes (106 58[prime]), and run seventy-four feet (74[prime]) along north line of Vineville Avenue to a point opposite the northwest side of ten-foot (10[prime]) utility way bounding Stanislaus Subdivision (property of the Societe Catholique d' Education Religieuse et Literaire) on the northwest side; thence angle left sixty-two degrees, forty-seven minutes (62 47[prime]), and run one thousand three hundred and forty-nine feet (1349[prime]) along said northwest side of said ten-foot (10[prime]) utility way to a point west of Central of Georgia Railway; thence angle left thirty-two degrees, one minute (32 1[prime]) and run one thousand and sixty-two feet (1062[prime]) to the center of Roy Street; thence angle right eighty-seven degrees, forty minutes (87 40[prime]), and run eight hundred and thirty-two feet (832[prime]) along the center of Roy Street to an alley; thence angle left ninety degrees, thirty minutes (90 30[prime]) and run along the center of said alley one thousand, one hundred and eighty-four feet (1184[prime]) to the center of Napier Avenue, extended; thence angle left ninety-one degrees, twenty minutes (91 20[prime]), and run along the center of Napier Avenue four hundred and six feet (406[prime]) to a point ninety feet (90[prime]) west of the east curb line of Inverness Avenue; thence angle right eighty-seven degrees,

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fifty minutes (87 50[prime]), and run nine hundred, fifty-six and five-tenths feet (956.5[prime]) along roadway; thence angle right no degrees, twenty-seven minutes (0 27[prime]), and run seven hundred eighteen and seven-tenths feet (718.7[prime]) along said roadway; thence angle left four degrees, ten minutes (4 10[prime]), and run seven hundred thirteen and eight tenths feet (713.8[prime]) to center of Columbus Road; thence angle left one hundred and five degrees, no minutes (105 0[prime]), and run two thousand one hundred and seventeen feet (2117[prime]) along Columbus Road to a point two feet (2[prime]) beyond the center of manhole at Pio Nono Avenue; thence angle one hundred and eight degrees, fifty minutes, right and run two-thousand two hundred and eighty one feet (2281[prime]) to center of Dempsey Avenue; thence angle left ninety degrees, no minutes (90 0[prime]), along the center of Dempsey Avenue three thousand, three hundred forty-nine and seven tenths feet (3349.7[prime]) to center of Fourth Avenue or South College Street and Plant Street; thence angle right fifty-five degrees, thirty-four minutes (55 34[prime]), along Fourth Avenue or South College Street four hundred and fourteen feet (414[prime]) to center of First Street in original land lot thirty-three (33) Macon Reserve West; thence angle left ninety degrees, no minutes (90 0[prime]) along First Street six hundred, three and seven tenths feet (603.7[prime]) to center of Plant Street; thence angle right thirty four degrees, twenty-eight minutes (34 28[prime]) along center of Plant Street one hundred nine and seven tenths feet (109.7[prime]) to center of Sixth Avenue or White Street; thence angle right fifty-six degrees, forty-seven minutes (56 47[prime]) along center of White Street three thousand, seven hundred and seventy-three feet (3773[prime]) to a stone in center of White Street and Central Avenue; thence angle left ninety-one degrees, three minutes (91 3[prime]), and run twenty-six feet (26[prime]) to point in Central Avenue on line with cemetery fence; thence angle right ninety degrees, no minutes (90 0[prime]), and run one thousand and seventy-nine (1079[prime]) feet along said line of cemetery fence to south line of Hollis Road; thence angle left seventy-four degrees, twenty-five minutes (74 25[prime]), and run eight hundred and eighty-three

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feet (883[prime]) along south line of Hollis Road to the west line of Houston Avenue; thence angle right ninety-five degrees, forty-four minutes (95 44[prime]), and run nine hundred and ninety feet (990[prime]) along west side of Houston Avenue to the south line of Gordon Street; thence angle left one hundred and eleven degrees, twenty-five minutes (111 25[prime]), and run one thousand, six hundred and sixty-two feet (1662[prime]) along said south line of Gordon Street to a point on the east line of Antioch Road; thence angle left ninety degrees, thirty-one minutes (90 31[prime]), and run one thousand, one hundred and seventy-nine feet along east line of Antioch Road to south line of Nelson Street; thence angle right ninety-one degrees, thirty-eight minutes, and run one thousand eight hundred and fifty-six feet (1856[prime]) along the south side of Nelson Street to center of Waterville Road; thence angle left eighty-seven degrees, thirty minutes (87 30[prime]), and run one thousand two hundred and fifty-five feet (1255[prime]) along the Waterville Road to north line of alley and lot line between lots forty-five (45) and sixty-three (63), Macon Reserve West: thence angle right eighty-six degrees, fifty-one minutes (86 51[prime]), and run east seven hundred and forty-six feet (746[prime]); thence angle left ninety-four degrees, twenty-eight minutes (94 28[prime]), and run four hundred and twenty-seven feet (427[prime]) to the southwest corner of the Buckeye Cotton Oil Company; thence angle right eighty-nine degrees, thirty-eight minutes (89 38[prime]), and running along the line of the Buckeye Cotton Oil Company four hundred and five tenths feet (400.5[prime]) to the southeast corner of the Buckeye Cotton Oil Company; thence angle left eighty-nine degrees, twenty-five minutes (89 25[prime]), and running along the east line of the Buckeye Cotton Oil Company five hundred and sixty feet (560[prime]); thence angle right one hundred and twenty-seven degrees, no minutes (127 0[prime]), and running along the southwest line of the Texas Company four hundred and sixty-eight feet (468[prime]) to the south corner of the Texas Company; thence angle left eighty-nine degrees, fifty-four minutes (89 54[prime]), and running along the southeast line of the Texas Company one hundred and eighty-two feet (182[prime]); thence

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angle right eighty-nine degrees, fifty-three (89 53[prime]) minutes, and running along the southwest line of the Massee-Felton Lumber Company nine hundred and six feet (906[prime]); thence angle left ninety degrees, no minutes (90 0[prime]), running to the south line of Turpin Street; thence angle right ninety degrees, no minutes (90 0[prime]), running to the southeastern boundary of the old City Reserve; thence angle left ninety degrees, no minutes, running five thousand, six hundred feet (5600[prime]) to center of the Ocmulgee River; thence angle left and run up the center of Ocmulgee River to starting point. Territory. Sec. 3. Corporate LimitsHow Extended By Election . Territory contiguous to the corporate limits of the City of Macon may be incorporated into and as a part of said City by the consent of the Mayor and Council of said City of Macon and a majority of the persons residing in said territory sought to be so incorporated, qualified by law to vote for members of the General Assembly of this State, and who have duly registered, qualified, and voted as hereinafter provided. It shall be lawful for as many as fifty (50) qualified voters residing in any of the territory which is sought to be incorporated, contiguous to the corporate limits of said City of Macon, to petition the mayor and council of said city for incorporation of said territory into and as a part of said city, which petition shall particularly describe the metes and bounds of the territory sought to be incorporated, and shall be signed by said petitioners and filed with said mayor and council; and thereupon, if the said mayor and council shall approve the same, said approval by resolution shall be filed with the clerk of Bibb Superior Court, and thereupon the judge of said court shall order an election by the persons residing within said territory sought to be incorporated, qualified to vote as aforesaid, and who have duly registered and qualified as hereinafter provided. All persons qualified to vote for members of the General Assembly of this State in the County of Bibb, and who are and have been, for thirty days immediately preceding said election, bona fide residents of

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said territory sought to be incorporated as aforesaid, and who have duly registered as hereinafter provided, shall be qualified to vote at the election ordered, as aforesaid. It shall be the duty of the judge, when an election is ordered as aforesaid, to fix the time when said election shall be held, and to designate within said territory sought to be incorporated such number of voting places as the size of said territory sought to be incorporated and the convenience of the persons residing therein may seem to require. It shall be the duty of the judge, when an election is ordered as aforesaid, to appoint three freeholders for each voting place from said territory sought to be incorporated, who shall be qualified to vote at said election, to manage said election. Said managers' duties shall be the same, and they shall take the same oath, as those duties prescribed and oath required by said Act for managers holding elections for the same City of Macon. The polls at said election shall be kept open the same length of time as is now prescribed for keeping open the polls in all the elections of said City. If any person offering to vote at said election ordered and held as aforesaid is challenged, he shall take the same oath as is now prescribed for voters in this Act, except that part of said oath which reads as follows, to wit: and in the City of Macon three months next preceding said election, but shall swear in lieu thereof, in addition to the balance of said oath: I am bona fide resident of the territory sought to be incorporated, and have been for thirty days next preceding said election. Extension of corporate limits. Petition of voters. Resolution. Judge's order for election. Qualified voters. Managers of election. Oaths. When an election is ordered as aforesaid, it shall be the duty of the two registrars, to be appointed by said judge, to act as registrars for said election, and they shall open books at the court-house for the signatures of persons residing in the territory sought to be incorporated as aforesaid. Said books for registration shall be kept open for at least seven days, exclusive of Sundays, before the date fixed for said election, from 7 o'clock a. m. to 8 o'clock p. m. It shall be the duty of the judge to fix the days on which said books for registration shall be kept open. The

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registration lists shall be consolidated within three days after the last day of registration, and immediately turned over to the Clerk of the Superior Court. In making up the registry of the voters the said registrars shall enter thereon the name and age of the applicant. The names of white and colored voters shall be kept separate. Certificates of registration shall be furnished on application at the time of registration. Registrars. Registration of voters. Certificates of registration. The qualification necessary for registration as aforesaid shall be the same as the qualifications prescribed for voters in said city, with the following exceptions, to wit: That the qualification as follows, and in the city three months, shall not be required, but in lieu thereof, and in addition to the other qualifications, the person shall be at the time he offers for registration, and shall have been for thirty days preceding said election, a bona fide resident of the territory sought to be incorporated as aforesaid: also that part of the oath prescribed as follows: that I will have resided for the last three months in the City of Macon at the time of the election, and have paid all taxes which have been required of me by the authorities of said city, and which I have had an opportunity to pay, agreeably to law, since the adoption of the present constitution, except for the year of the election, shall not be required; but in lieu thereof, and in addition to the balance of said oath, the person shall swear: I am now and have been for thirty days preceding said election a bona fide resident of the territory sought to be incorporated. All of said provisions shall apply with the exceptions above enumerated. No person shall be allowed to vote at said election who has not duly registered according to the provisions herein set forth. Qualifications for registration. Oath of voter. There may be an appeal from the decision of the registrars aforesaid to a committee which shall be appointed by the judge from the council of said city and the citizens residing in the territory sought to be incorporated as aforesaid, and the decision of said committee shall be final. All appeals shall be made up, heard, and decided within

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two days from the close of said registration list, exclusive of Sundays. Appeal. It shall be the duty of the judge to cause to be published in one or more newspapers published in the County of Bibb a notice of the election when ordered as aforesaid, which published notice shall particularly describe the metes and bounds of the territory sought to be incorporated as set out in the petition for incorporation, the time fixed for said election, the names of the freeholders appointed to manage the same, the days on which the books for registration will be open, and shall designate and describe the place or places where the said election will be held. Said notice shall be published at least fifteen days prior to the time fixed for said election. The mayor shall provide all necessary material for carrying on the said election. Notice of election. All persons voting at an election held as hereinbefore set forth, who are in favor of incorporating the said territory sought to be incorporated, shall have written or printed on their ballots the words For incorporation, and those opposed to the same shall have written or printed on their ballots Against incorporation. Ballots. If, upon examination of the tally-sheet by said judge, it shall appear that a majority of the persons voting at an election ordered and held as hereinbefore set forth have voted in favor of incorporation, the judge shall declare the result by order entered on the minutes; and thereupon the Mayor and Council of the City of Macon shall so declare by resolution; and thereupon the mayor of said city shall issue his proclamation declaring said territory incorporated into and as a part of the City of Macon. Said territory so annexed shall be attached to and become a part of that ward of said city to which the larger part of such annexed territory is contiguous; and the voters residing in said annexed territory shall become citizens of said city and be permitted to vote in said ward in all city elections and party primaries held after such annexation becomes

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effective; provided they are qualified to vote under the provisions of this Act. No taxes shall be assessed by said city upon said territory so annexed, or the people or their property therein, until after the next general election for mayor and aldermen of said city following the annexation of said territory. Declaration of result. Taxation of new territory. Any person voting in any election held as hereinbefore set forth, without having registered as hereinbefore set forth, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1065 of the Penal Code of this State. Illegal voting. Sec. 4. Ward LimitsPowers To Prescribe . The Mayor and Council of the City of Macon shall have full power and authority to change the boundaries and limits of the present wards of the City of Macon, or to add two (2) additional wards to the present wards of the City of Macon, to be known as wards fifth and sixth. Should the said mayor and council, in their discretion, add two (2) additional wards to the City of Macon, then the wards of the said City of Macon shall be known as First, Second, Third, Fourth, Fifth and Sixth Wards, and shall have only two (2) members of council from each ward, making a total of twelve (12) councilmen or aldermen for the City of Macon. Should the said mayor and council, in their discretion, not desire to create two new wards for the City of Macon, then the said mayor and council shall have the right to change the boundaries of the present wards of said city as they may see fit, and the said four (4) wards so changed shall have only three (3) aldermen or councilmen from each ward, making a total of twelve (12) aldermen for the entire city; it being the purpose of this Act to limit the aldermen for the entire City of Macon to twelve. In laying out said respective wards, the mayor and council shall keep in mind the recently annexed territory of Vineville, East Macon, South Macon, Western Heights, and Napier Heights, and the ward boundaries and limits may be changed and fixed so as to divide the city into four or six wards, as herein provided, as the mayor and council

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may determine; and when said wards are laid out by the mayor and council, the lines and boundaries shall be definitely fixed and established, and when so fixed and established the entire territory of the present City of Macon will be included in said four or six respective wards, with the boundaries and limits established as the mayor and council may determine. Change of ward limits; new wards. Sec. 5. Registration Of Voters . On the first day of January, 1929, and biennially thereafter, the city treasurer of the City of Macon shall open a book, or books, to be designated as voters' book, containing 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 twentyone years of age, or will be on the second Tuesday of November of this calendar year; that I have resided in this State for one year, in this county for six months, and in the City of Macon for three months immediately preceding the date of this oath, or will have so resided on the second Tuesday 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 against the laws of the State. I further swear or affirm that the ward, street, and street number set opposite my name in this voters' book is my true place of residence, and that the statements opposite my name in said book, as to age and occupation, are true; so help me God. Voters' book; oath. Sec. 6. Voters' BookDuty Of Registrars . In addition to keeping such voters' book open for signature during the usual hours of business, daily from January 1st, as hereinbefore required, the city treasurer of the City of Macon, for a period of thirty days, beginning ninety days prior to the second Tuesday in November, 1929, and each second year thereafter (the same being the dates of the general city election), shall keep said voters' book open for signatures, at his office in the city hall, from 9 o'clock

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a. m. until 6 o'clock p. m. each day, Sundays only excepted. That for the period of thirty days beginning ninety days prior to the second Tuesday in November, 1929, and each second year thereafter, the mayor of the City of Macon shall appoint a deputy registrar, subject to confirmation by council. The city treasurer of the City of Macon shall always keep such voters' book open for signatures at his office at the city Hall, at any and all times, when his office is open for the payment of taxes, or other business. Said treasurer of the City of Macon, and also said deputy registrar, during the period of his services, as hereinbefore 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 the voters' book shall, at the time said signature is made, write out the same in clearly legible letters opposite said signature. Any person desiring to be registered as a voter, and qualified to register as hereinafter provided, may apply to the said treasurer of the City of Macon, or to the deputy registrar, during the period of his service, and after reading said oath, or having same read to him, shall subscribe the same by signing his name in such voters' book underneath the written or printed oath above described; a memorandum or entry of the district or ward (giving the name of the 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 old, at the date of taking oath, a similar entry or memorandum shall in like manner be made, showing the date in that year when he will reach twenty-one; and where 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, or in any case in the discretion of the officer in charge of said book,

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such officer shall read or repeat said oath distinctly to the applicant; and if the applicant cannot sign his name, said officer shall sign for him, the applicant making his mark thereto. The signatures so made in said voters' 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 memoranda entries opposite his signature. That for the purpose of more easily identifying the voters, the officer in charge of the voters' book shall note thereon, in connection with each signature, the race of the person signingthat 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 registration book shall, in any prosecution hereunder, be held and deemed equivalent to taking the oath therein printed. Sixty days before the general November election the said treasurer of the City of Macon shall close the registration books for the general election and party primary of that year, and shall proceed to make up and file with the city clerk of the City of Macon a list to be designated as Registered Voters in alphabetical order of names, in each ward, distinguishing in said list between white and colored voters. Duty of registrars. Oath. False swearing. List of voters. Sec. 7. Qualified Voters . All persons qualified to vote for members of the State Legislature in the County of Bibb, who shall have paid all the taxes legally imposed and demanded by the authorities of the city, except for the year in which the election occurs, and who shall have resided three months within the jurisdictional limits of the city, and have registered as hereinafter provided, shall be qualified to vote at any city election. Qualified voters. Sec. 8. RegistrationQualifications For . The following shall be the qualifications necessary for registration: (a) The person must be a citizen of the United States, who has resided in the State one year, in the county six months, and in the city three months, next preceding the time of the election. (b) He must be twenty-one years of age,

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or must become so by the day of the election. (c) He must have paid all taxes, since the adoption of the present State Constitution, to the State and County and to the City of Macon, which have been required of him and which he had an opportunity to pay agreeably to law, except for the year of the election. No person shall be entered on the registry 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. Qualifications for registration. Sec. 9. Certificates of Registration . Certificates of registration shall be furnished to the person registering, at the time of the registration. Certificates of registration. Sec. 10. Illegal Voting . No person shall be allowed to vote at any city election in said city, or in any party primary for the nomination of candidates for mayor and aldermen for said city, who has not been duly registered according to the provisions herein set forth. Any person voting in any such election, or such primary without having registered shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1065 of the Penal Code of this State. Illegal voting. Sec. 11. Voters' Lists . It shall be the duty of the city clerk to cause to be printed and posted in front of the city hall, by 2 o'clock p. m. on the day preceding the election, the corrected list of the registered voters, and also to furnish each of the election managers a certified copy of such printed list on the evening before the election. Each elector must vote in the ward wherein he resides. The books of registration shall be open to public inspection at all times from the beginning of the registration to the day of the election. Voters' lists. Elector must vote in his own ward. Sec. 12. Mayor and aldermenelection of . On the second Tuesday in November, 1927, and on said date bienially thereafter, there shall be an election for a mayor and twelve aldermen, three from each ward, or two from each ward should six wards be created as herein provided, who shall constitute the council, and who shall each serve for

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a term of two years and until their successors are duly elected and qualified. That of the twelve aldermen of the City of Macon, an equal number shall reside in each of the wards of said city. That at all city elections, the polls shall open at 6 o'clock a. m., and close at 6 o'clock p. m. Election of mayor and aldermen. Sec. 13. Vacancieshow filled . In the event that a special election shall be called to fill a vacancy or vacancies in the office of mayor or aldermen, the registration list prepared for the last general election shall be used. Vacancies. Sec. 14. Election managersduty of . The mayor shall appoint and the council confirm 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 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 help me God. Managers of election. Oath. Sec. 15. Mayor to furnish election material . It shall be the duty of the mayor of the city to furnish all necessary material for carrying on the elections in the different wards of the city, and he shall cause to be published in the city papers the names of the ward managers, and designate the buildings or places where elections will be held. Such notices shall be published for ten days previous to the election. Material for carrying on election. Sec. 16. Preservation of order at polls . The mayor of this city, in conjunction with the sheriff of Bibb County and the chief of police of the city, shall take all necessary measures to preserve order, prevent the carrying of deadly weapons contrary to law, and to secure to all the electors the right to deposit their ballots at the polls. Police officers and challengers shall not intimidate nor persuade any elector at the polling places of the city at such elections.

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For every violation of this provision the party or parties so violating the same shall be subject to indictment, and on conviction be fined not less than twenty-five nor 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. Policing polls. Intimidation of persuasion of voter. Sec. 17. Challenge of voters . If any person offering to vote at said election 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, 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 this State, have been required of me, and which I have had an opportunity to pay agreeably to law, except for the year in which this election is held; and that I have not voted at any other polling-place this day; so help me God. Oath of challenged voter. Sec. 18. Penalty for illegal voting . Any person voting illegally at any of said elections shall be liable to the same penalties as are prescribed by the law of this State for illegal voting in the State and county elections. Illegal voting; penalty. Sec. 19. Election returns and contests . After the votes for mayor and aldermen, or for aldermen, as the case may be, at any election shall have been counted by the managers, they shall cause two certified copies of the tally-sheets to be made out, one of which shall be handed over to the mayor for the time being, and the other shall be retained by the managers. And so soon as the mayor as aforesaid shall be informed of the result of said election, he shall cause the persons elected to be notified of the same, and shall also file with the clerk of the council of said city the certified copy of the tally-sheets of said election to be kept on file by said clerk in his said office and duly recorded by him on the book of minutes of the council aforesaid. The person who shall receive the highest number of votes

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for mayor shall be declared duly elected. The persons residing in the ward who shall receive the highest number of votes for aldermen of said ward shall be declared duly elected. Whenever there shall be an election for any office, and there shall be a notice of contest by one or more candidates, upon formal petition, duly sworn to, addressed to the Mayor and Council of the City of Macon, setting out in detail such irregularities or frauds in said election as said candidate or candidates may complain of, it shall thereupon be within the discretion of the said mayor and council to take notice of said contest, and either hear evidence in support of said charges, or have the ballots recounted in open council, either one or both as they shall prefer and determine. In the event that a recount should disclose errors sufficient to change the result as first declared, it shall be within the power of the said Mayor and Council of the City of Macon to officially declare the result of said election, as based upon the recount personally conducted by themselves, to declare the winner of said election, and to forthwith administer the oath; whereupon the said person so declared elected shall hold office as though originally declared the successful candidate. Election returns. Contest of election. Sec. 20. General Powers of Mayor and Council . The mayor and council shall constitute the legislative department of the city government, and as such shall be vested with full power and authority to condemn property either within or without the city, necessary for any public purpose, in accordance with the method and procedure of the condemnation of property provided by the laws of Georgia; to sell any public property not used for public purposes; to make and establish, by ordinance or resolution, rules and regulations respecting public streets, sidewalks, alleys, and parks, public markets and marketing, drainage, fire prevention and control, railroads, street-railroads, motor-buses, and other common carriers for hire, wharves, hotels, buildings, motor-vehicles and other vehicles, filling-stations, garages, public-utility companies, and respecting all other matters and things affecting the good government

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of said city as they shall deem requisite and proper for the security, welfare, health, and convenience of said city, and for the preservation of the pace and good order of the same. This general enumeration of powers is not to be construed as in conflict with any other power or authority given to the mayor and council of said city by the terms of this Act, but on the contrary shall be construed as in aid of such power. Power of mayor and council. Sec. 21. Installation of Mayor and Council . The persons elected as mayor and alderman or aldermen, as the case may be, shall attend on the first Wednesday after their election, at the council chamber, for the purpose of qualifying and taking the oath of office. The mayor and each member of the council so elected shall take and subscribe, before some judge or justice of the peace, the following oath: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor, or member of the council, as the case may be, by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Macon and the common interest thereof; so help me God. They shall then immediately enter upon the duties of their respective offices. Installation of mayor and council. Oath. Sec. 22. Mayor pro tem . There shall be a chairman pro tem., elected by the council at their first meeting or as soon thereafter as practicable, who shall preside over the council in the absence of the mayor, and who, on taking the oath of office, shall be clothed with all the powers, rights, and duties of the mayor, and shall serve during the absence from the city or disability of the latter officer. He shall have the casting vote in case of a tie, but shall not exercise the veto power vested in the mayor. In the absence from the city of the mayor and mayor pro tem., the council shall select from their body one to act as mayor pro tem. who shall have the power given to the mayor pro tem. The permanent or standing committees of the council shall be designated by the mayor at the first regular meeting after the organization of council in each year,

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or as soon thereafter as practicable. All vacancies in committees shall be filled by the mayor. Resignations of any member of council, either from the standing committees or from the council itself, and all resignations of the members of any of the boards of the city, shall be addressed to the mayor of the city and disposed of by him. The resignation of the mayor shall be addressed to the council. Mayor pro tem. Standing committees. Vacancies. Resignations Sec. 23. Elections by Mayor and Council . All elections by the mayor and council and all votes on appointees for confirmation shall be in public, and shall be conducted as follows: As soon as the names of candidates or appointees are announced, the clerk shall call the roll, and each member of the body shall, as his name is called, vote viva voce, the clerk keeping a list of the votes, which shall be entered upon the minutes. At the conclusion of the call the presiding officer shall declare the result. A majority of the whole board shall, in all cases, be necessary to elect or confirm as the case may be. Elections by mayor and council. Sec. 24. Passage of ordinancesMayor's veto power . Every ordinance and resolution of the council and every action of that body dealing with public revenue or expenditures shall, before it takes effect, be presented, certified by the Clerk, to the mayor within two days after the passage thereof or after such action. If the mayor approves it, he shall sign it; if not, he shall return it with his objections, and file the same with the clerk within five days, Sundays excepted, after he receives it, and the council shall at the first regular meeting thereafter, when a quorum is present, order the objections to be entered at large on the minutes, and shall at said meeting take a vote on the question: Shall the ordinance or resolution or motion pass notwithstanding the objections of the mayor? If as many as eight aldermen shall vote in the affirmative, such ordinance or resolution or motion shall stand and become effective; otherwise, not. The ayes and noes shall in all such cases be entered on the minutes. It such ordinance or resolution or motion shall not be returned by the mayor within five days, Sundays excepted, after he shall have

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received it, the same shall become effective in like manner as it he had signed it. The clerk shall indorse on each ordinance or resolution or motion the time when presented to the mayor, and this indorsement shall be conclusive of the fact of such presentation and the time thereof. Ordinances and resolutions; approval; veto. Sec. 25. Bondspower to issue for sewers . The City of Macon is hereby authorized to issue bonds in such amount as may be permitted under the constitution and laws of the State of Georgia, and at such time or times as the Mayor and Council of the City of Macon may prescribe, for the purpose of establishing and maintaining a system of surface and sanitary sewers, and for other purposes, with full power and authority in the City of Macon to make all contracts necessary in the erection and maintenance of such system of sewers and with full power and authority in the Mayor and Council of the City of Macon to make, declare, and enforce all such ordinances, resolutions, rules, and regulations concerning the use of said sewers, to provide by ordinance for compelling residents citizens and property-holders to make connection with such sewers at their own expense, and to provide for enforcement of such ordinance by fine and imprisonment as well as the issue and levy of execution for that purpose. Bond issu for sewers. Sec. 26. Bondsissued for what other purposes . The Mayor and Council of the City of Macon are hereby authorized and empowered to call, by ordinance, an election by the qualified voters of said city for the purpose of obtaining the assent of two thirds of said 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 mayor and council may in their discretion prescribe, for any or all of the following purposes, to wit: Bond issues. 1st. For paving, curbing, and guttering, macadamizing, draining, or otherwise improving for travel or use the public streets, alleys, and lanes of said city. Purposes of bond issues.

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2nd. For establishing and maintaining a system of surface or storm and sanitary sewers within the city. 3rd. For the acquisition by purchase of a municipal lighting-plant or a 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. 4th. For the construction of any public park, aviation field, public building, bridge; for the purchase and improvement of parks within or without the limits of the city, 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 imimprovement of any such public park, aviation field, building, bridge, viaduct, underpass, hospital, or other public works. It shall be the duty of the Mayor and Council of the City of Macon 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 or all of the purposes for which it is proposed to issue bonds. In the event the assent of two thirds of the qualified [Illegible Text] of the City of Macon is obtained as provided by law at the election called as herein provided, the Mayor and Council of the City of Macon 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, maintenance, regulation, and protection of said public improvements as in their discretion they may deem fit and proper, and to enforce such ordinances and regulation by fine and imprisonment as well as by the issue and levy of execution for that purpose. Election as to bond issue.

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Sec. 27. Mayorqualifications, duties, and salary . No person shall be eligible as mayor unless he be of the age of twenty-five years, qualified to be an elector of the city, and who shall have resided in the city two years immediately preceding 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 in his own right, during his entire term of office as mayor. Mayor's qualifications. The mayor shall receive a salary of five thousand ($5,000.00) dollars per annum until the 11th day of November, 1927, and thereafter a salary of seventy-five hundred ($7,500.00) dollars per annum, and shall be ex-officio a member of the Joint Board of Health. He shall hold his office during the term of two years and until his successor shall be chosen and qualified. He shall be the chief executive officer of the city, and shall have 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 herein 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 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. Salary, $7,500. $Term of office; duties and powers. Ex-officio member of board of health. Sec. 28. Mayorpresiding officer . The mayor shall preside at all meetings of council, and shall have the right to take part in the deliberations of said body, but shall not vote on any question which may be considered by the council, except that he shall be entitled to vote on the

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election of any person to office as provided in this charter. Where the council is equally divided, the matter under consideration shall be declared lost. Mayor presides council meetings; votes when. Sec. 29. Aldermenqualifications of . No person shall be eligible as an alderman of the city unless he shall have attained the age of twenty-one years, and be at the time of his election a bona fide freeholder owning real estate in the city in his own right. He shall remain such bona fide freeholder during his entire term of office as alderman. He must also be qualified to be an elector of the city at the time of his electon, and must reside in the ward for which he is elected, and shall not remove therefrom during his term on pain of forfeiture of his said office. Aldermen's qualifications. Sec. 30. Aldermencompensation of . The compensation of each alderman of the City of Macon shall be the sum of three hundred ($300.00) dollars per year, which said sum shall be in full of all compensation that any alderman shall be entitled to receive out of the treasury of the City of Macon, and which said sum shall be paid in monthly installments of twenty-five ($25.00) dollars each by the treasurer of the City of Macon, in the same manner as the salaries of other officers of said city are now authorized to be paid. Salary of aldermen. Sec. 31. Malpractice in office . In case the mayor, or any member of Council, while in office shall be guilty of malpractice, any wilful neglect in office, or abuse of the powers confided to him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be indicted before the Superior Court of the County of Bibb, and, on 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. Malpractice, etc. Sec. 32. Exceeding Appropriation Unlawful . It shall be unlawful for any alderman or aldermen composing any committee of council to expend more money for the use of

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any department of the city government than has been duly appropriated for such department by the Mayor and Council of the City of Macon. Any alderman or aldermen violating this provision shall be personally liable to the City of Macon, or to any other person damaged thereby, in the amount of the unauthorized excess expended over and above the amount set aside and appropriated by the Mayor and Council of the City of Macon. Liability for excessive expenditures. Sec. 33. Vacancieshow filled . In case of any vacancy among the members of council, either by death, resignation, failure to elect, removal from office, or removal from the city, the mayor shall advertise an election to fill the vacancy; and in case of the death of the mayor, his resignation, removal from office, or removal from the city, the city council shall order an election for filling the vacancy. In each case ten days notice shall be given in the public gazette of the city. Vacancies. Sec. 34. City contractsinterest in, prohibited . Neither the mayor nor any member of council, nor any member of any board herein provided for, shall be interested directly or indirectly in any contract made by the city, or receive any profit or emolument from any purchase or sale of material or other commodity paid for out of the public revenue or for which the city becomes responsible. Unlawful interest in contract, etc. Sec. 35. Removal of members of boards and commissions from office . Any member of any board or commission herein provided for, whether elected by the mayor and council or elected by the people, may be removed from office by the mayor after a public trial and conviction by the council upon written charges preferred for continued neglect of duty or other conduct, in or out of office, unbecoming the station of such member, to be judged of by said council. The vote of two thirds of all the aldermen elected shall be necessary for such conviction and removal. The mayor shall have the power to suspend any member of any board or commission pending trial of charges against such member. If the charges be not sustained, said member

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shall be restored to his position as such, and shall be paid any compensation to which he would have been entitled without such suspension. Removal or suspension of commissioner. Sec. 36. Other city officerselection and terms of office . In addition to the mayor and member of council there shall be a clerk of council, a city treasurer, a city marshal, a city engineer, a city attorney, a city recorder, a building inspector, tax-assessors, and such other officers, employees, and agents of the city as the mayor and council may be ordinance prescribe. These officers shall serve for two years and until their successors are elected and qualified, unless removed for cause, to be judged of by the mayor and council by a two thirds vote of the entire council. They shall be elected by the council by a majority vote of the whole board, the mayor in all such elections being entitled to a vote. Other officers; election and term. Sec. 37. TreasurerDuties of, etc . It shall be the duty of the treasurer to receive, keep, and disburse all money of the city. He shall give bond in the sum of twenty-five thousand dollars, conditioned for the faithful performance of his duties, and shall take an oath in the presence of the council that he will, to the best of his skill and power, faithfully and efficiently perform the duties of his office without favor or affection to any one. He shall sign all executions or other processes for the collection of taxes or money due the city. Treasurer; duties, bond, oath. Sec. 38. Clerk of Councilduties of, etc . The clerk of council shall attend all meetings of the council. Keep the minutes and records of same, attend to the issuance of licenses, and perform such other duties as the mayor and council may require of him. He shall give bond in the sum of fifteen thousand dollars for the faithful performance of his duties, and shall take the same oath of office, in the presence of the Council, as that prescribed for the city treasurer. Clerk of council; duties, bond, oath. Sec. 39. City Marshalduties of, etc . It shall be the duty of the city marshal to levy and collect all executions

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for taxes or other money due the city, to advertise and conduct all sales of property under execution, or other process, execute deeds and other conveyances usual in such cases, and perform such other services as the mayor and council may be ordinance require of him. He shall give bond in the sum of fifteen thosuand dollars for the faithful discharge of his duties, and shall take the same oath of office, in the presence of the council, as that prescribed for the treasurer. Marshal. Sec. 40. Building Inspectorduties of, etc . There shall be a building inspector for the City of Macon. The mayor and council shall have authority to elect such inspector as other city officials are elected, or shall designate some proper person or city officer who shall, in addition to his other duties, perform all the other duties and have all authority of the building inspector. Said building inspector shall be a practical workman at one of the building trades. Building inspector; election; duties. (a) The building inspector, or such person as shall be designated as such by the mayor and council, shall keep a record, in a book provided for the purpose, of all buildings erected in the City of Macon; shall issue permits for the building of the same, inspect all buildings, fences, or walls in the city, and shall make a monthly report to the mayor and council. It shall be his duty to cause all buildings, walls, and fences to be erected in accordance with the laws of the city, and shall make an inspection of any house, building, wall, or fence, whether in course of construction or not, whenever required by the mayor and council or the mayor, and report immediately upon the same. (b) Whenever the building inspector, after examination, shall determine that any buildings, walls, or fences constructed or in the course of construction are dangerous he shall report such fact to the mayor and council, who shall have the authority to compel such structure torn down or removed, and the defects remedied; and the owner shall cause the orders of the mayor and council to be immediately

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carried out. In the event of the failure of the owner, or his agent, to carry out such orders, the inspector shall do the work necessary with whatever force may be provided by the mayor and council of the City of Macon, at the expense of the owner of the property. The expense thereof shall be collected by execution, to be issued by the treasurer of the city, and shall be a lien upon the property of the owner, and shall be collected in the same manner as tax executions. Removal of buildings. (c) The mayor and council shall have full power to pass all necessary ordinances regulating buildings, fences, and works, and prescribing the duties and compensation of the building inspector. Building regulations. Sec. 41. Other officersduties prescribedhow . The mayor and council shall have authority by ordinance to prescribe the duties of the city attorney, city engineer, city recorder, tax assessors, chief of police, chief of the fire department, and the other officers of the city whose duties are not herein prescribed; to fix their salaries; to prescribe their bonds, when deemed necessary, for the faithful performance of their duties; to require an oath of office from them. They may establish the fees of the city engineer, city attorney, and the other officers of the city, in their discretion. Said fees when collected shall be paid into the treasury of the city for use by the city. No officer of the city shall ever charge or collect any fee or cost of any kind, except such fees and costs as are prescribed collected and paid into the city treasury as provided by ordinance of the mayor and council. Other officers. Fees. Sec. 42. Inspector of Weights and Measuresduties of, etc . The mayor and council shall have power to appoint inspectors of the weights and measures in use in said city, and to pass rules and regulations with respect to the same, and fix fees for such inspection, to be paid by the parties using said weights and measures. Inspection of weights and measures. Sec. 43. Removal of non-charter officers . All officers of the City of Macon whose offices are not created by the

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charter of said city shall be subject to removal at the pleasure of the mayor and council. Removal of officers. Sec. 44. Recorder's Courtjurisdiction of . There shall be a recorder's court established for the City of Macon, which shall have jurisdiction and authority to try offenses against the laws and ordinances of the municipal government, and to punish for a violation of the same. Said court shall have power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another, whose testimony is desired or material in any proceeding before the recorder, to go or move beyond the reach of the process of the court. Said court shall be presided over by the city recorder, or, in his absence or disability, by the officer who is then performing the duties of mayor, and shall be held daily or as often as may be necessary to clear the city prison. Recorder's court; jurisdiction and powers. Sec. 45. Recorderqualifications of . 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 mayor, or some officer authorized 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. Said recorder may be removed from office by the mayor of said city, after trial and conviction by the council upon written charges, for neglect or other conduct, in or out of office, unbecoming his station, to be judged of by said body. A vote of two thirds of all the aldermen elected shall be necessary to such conviction and removal. Qualifications of recorder. Oath Removal from office. Sec. 46. Recorderpowers of . The recorder of the City of Macon shall have power to impose fines for the violation of any law or ordinance of the City of Macon, passed in

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accordance with its charter, to an amount not to exceed three hundred dollars, to imprison offenders in the city prison for the space of not more than forty days, or at labor on the public works and the streets of the City of Macon 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 than to impose a fine of one hundred dollars or imprisonment, in the city prison for a time not exceeding thirty 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 said city, which warrants may be executed by any member of the police force 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. Powers of recorder. Contempts. Sec. 47. Certiorari from recorder's court . 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 a judge of the Superior Court of Bibb County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Certiorari. Sec. 48. Recorder's courtclerk and other officers . The mayor 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, summonses, and all attachments and executions for fines and other writs issuing out of said court, all of which 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 same as directed by the mayor and council. Said clerk shall have jurisdiction co-existent with justices of the peace in the State of Georgia,

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for the purpose of issuing criminal warrants and other warrants. The ministerial officers of said court shall be the chief of police, assistant chief, lieutenants and members of the police force of said city, any of whom may execute the mandates of the court, and to whom, in the alternative, all mesne and final processes thereof shall be directed. The chief of police, assistant chief of police, or one of the lieutenants shall attend each session of said court for the purpose of executing the necessary orders thereof. Clerk of recorder's court. Warrants. Officers of court. Sec. 49. Recorder's Courtwho may preside . In the absence, sickness, or disqualification of the recorder, the mayor, and, in the absence, sickness, or disqualification of both the recorder and the mayor, the mayor pro tem. of said city shall be clothed with powers of the recorder, and hold the recorder's court. In case of the disqualification of the recorder of the City of Macon, and of the mayor and mayor pro tem., to hear and try any case in the recorder's court, the mayor shall in such event be authorized to name and designate any one of the aldermen of the City of Macon to hear and try any case in which such disqualification exists, such alderman in any such case being clothed with the same power as is granted to the recorder by the charter of the City of Macon in other cases. Absence of recorder. Sec. 50. Recorder's courtcosts in State cases . In all cases in the recorder's court involving a violation of the penal statutes of the State of Georgia, where the accused is bound over to the city court of Macon for trial, or in default of bond committed by the recorder's court to the common jail of Bibb County to await trial, the City of Macon shall be allowed the following costs: Costs of court. Issuing Warrant $1.25 Taking examination of defendant $1.25 Examining witnesses, 30 cents each Making out commitment $0.35

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Summoning witnesses, 30 cents each Serving warrant $1.25 Keeping and maintaining prisoner before examination $1.50 Said costs shall be collected and paid to the City of Macon in the same manner and at the same time as costs are now collected and paid by said City Court of Macon to the sheriff, clerk, and solicitor of said city court for the benefit of the County of Bibb and the Board of Education of said County; provided, however, that the insolvent cost bill of the City of Macon shall participate in the distribution of fines and forfeitures arising only in cases committed from said recorder's court. Sec. 51. Administration of court . The mayor and 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 as to court. Sec. 52. Remission of sentence . The mayor of said city shall have full power and authority to suspend, modify, or remit the sentence of any person imposed in said recorder's court for a violation of any city ordinance, law, or regulation. Every person convicted in said recorder's court of a violation of a city ordinance shall have the right to appeal from the action of the mayor to the mayor and council, which body shall have power, after a full hearing, to commute, remit, suspend, or modify the sentence imposed. Suspension or remission of sentence, etc. Sec. 53. Organization and powers . The police force of the city shall consist of a chief of police and such other officers and men as the mayor and council may by ordinance prescribe, but such chief, officers, and men shall be subject to removal as herein provided. The compensation of all the police force shall be prescribed by ordinance of the mayor and council, but no extra pay or allowance or cost shall ever be awarded them. They shall have power

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and authority to arrest all persons in said city guilty of disorderly conduct or public indecency, all persons violating the ordinances of the city, and all persons committing or attempting to commit any crime, and to confine them in the city prison or in the common jail or Bibb County, to be brought before the recorder's court on the next day for trial or commitment; provided, that all persons desiring to give bail for their appearance before such court, in bailable cases, shall be allowed to do so. The amount of bail may be fixed by the recorder at any time, or, in his absence or disability, by the mayor of the city. Police force. Compensation. Arrests. Bail. Sec. 54. Chief of Policebond . The chief of police shall give bond in the sum of five thousand dollars, for the faithful performance of his duties as chief of police. In case of resignation, removal, death, or disability of the chief of police, the officer of said force next in rank shall perform the duties of said officer until the removal of such disability, or a successor has been duly appointed to fill the unexpired term. Chief of police; bond. Sec. 55. Chief of Policeduties . It shall be the duty of the chief of police to prosecute in the recorder's court all offenders against the ordinances of the city and laws of the State, for crimes committed within the limits of the City of Macon. He shall be primarily responsible for the good order, discipline, and efficiency of the police department, and charged with the enforcement of all laws and ordinances within the city. Duties of chief. Sec. 56. DepartmentsHow controlled . The police department shall be under the immediate supervision and control of the police committee of council, and the fire department under the immediate supervision and control of the fire committee of council. Said fire committee and police committee shall consist of three members of the council each, appointed by the mayor. Control of police and fire department. Sec. 57. Civil-service rules and regulations govern . The said two departments and the members thereof shall be governed and controlled by and under civil-service rules

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and regulations adopted by the mayor and council, which said rules and regulations shall be subject to repeal, amendment, modification, or addition by the said mayor and council aforesaid in their discretion, save and except that no rule, regulation, resolution, ordinance, or practice shall be adopted which is in conflict with the civil-service rules and regulations contained in this Act. Civil service rules. Sec. 58. Rules and regulations . The following civil-service rules and regulations for the regulation, government, and control of the said two departments shall be of force: Civil service rules. Rule 1. No employee shall be given or refused employment, suspended, tried, or discharged, because of his vote in any primary or election. Rule 2. No employee shall take an active part in any primary or election, and all employees are hereby prohibited from contributing any money to any candidate, soliciting votes, or prominently identifying themselves in a political race with or against any candidate for office. Rule 3. A speedy and public trial shall be given an employee under charges or suspension. Rule 4. No employee shall be discharged until after trial, or opportunity therefor. Rule 5. No employee shall be suspended for a period exceeding fifteen days without an opportunity for trial, unless such trial cannot be had for cause beyond control of the committee, or at the instance of the employee, in either of which events the committee may continue in force any previous suspension of such employee pending trial. Rule 6. All qualifications being equal, promotion shall be from the ranks if compatible with the public interest, to be judged of by the committee, or by the mayor and council.

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Rule 7. No employee shall be discharged if acting in obedience to a lawful order or command of a superior officer. Rule 8. No employee shall be suspended, tried, or discharged for enforcing the ordinances of the city, or for preferring charges for their violation. Rule 9. Upon the trial of any employee he shall be confronted with the witnesses against him; he may cross-examine said witnesses against him, and be represented by counsel in his discretion; except that sworn depositions of any witnesses may be used in any trial as hereinafter provided. Rule 10. The right of petition to the mayor and council is hereby granted each employee, and to the two departments. Rule 11. All charges against an employee shall be written, and sufficiently specific to enable him to intelligently defend the same, but the decision of the committee on objections made to the sufficiency of such charges shall be final. Rule 12. All civil-service rules and regulations, before becoming effective, shall be communicated to both departments in a manner prescribed by the mayor and council. Rule 13. The right of appeal from the decision of either committee to the mayor and council is hereby granted each employee. Rule 14. No person shall be eligible to election to either department who is over the age of forty years; provided, that this rule shall not apply to the office of chief. Rule 15. If a suspension made without pay be not finally sustained, the employee shall be immediately restored to his original position and duties; provided, however, in no event shall the City of Macon be liable to such employee for compensation for time lost by reason of such suspension, unless so determined by the committee.

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Rule 16. The mayor shall be the ranking head and chief in command of both departments. Sec. 59. Police and fire committeespowers of . The police committee is hereby vested with and given full and complete jurisdiction and authority to recommend or refuse to recommend the employment of any applicant for a position on the police department; and the said committee is likewise and hereby vested with and given full and complete jurisdiction and authority to try, reprimand, reduce in rank, suspend with or without pay, or discharge any employee of the police department of said city for a violation of any civil service rule or regulation, and the fire committee is hereby vested with and given full, complete, and like jurisdiction and authority over applicants for positions on the fire department and over all employees of such fire department as is herein given to the police committee over the police department; provided that neither committee may reprimand, reduce in rank, suspend, or discharge the employee until after the trial of such employee or opportunity afforded such employee for trial, save and except that pending actual trial either committee may continue in force a previous suspension by the mayor or chief of the department, if such trial cannot be had within the fifteen days on account of causes beyond the control of the committee, or the same is postponed at the instance of the employee as herein provided. Both the police committee and the fire committee are hereby given, the same power to compel the presence and attendance of witnesses by subpoena, attachment, or arrest, and to punish for contempt, and to enforce its decisions, as is vested in the recorder of the City of Macon in all cases within the jurisdiction of the recorder's court. All subpoenas, attachments, and decisions shall bear test in the name of the chairman of the committee, and be in writing, and all decisions of both committees shall be filed with the clerk of the mayor and council of said city and by him properly preserved in his office. All testimony before either committee

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shall be rendered under oath. Any person may serve a subpoena for the appearance of witnesses, which shall be either served in person, or left at the residence of the witness. Police committee's powers. Fire committee's powers. Trial of employee. Witnesses. Sec. 60. City attorney prosecutes . It shall be the duty of the city attorney to represent the public, and to prosecute any and all charges against all employees before either committee when directed so to do by the chairman of such committee having jurisdiction, and to continue such representation before the mayor and council. Prosecution by city attorney. Sec. 61. Chargeshow preferred . It shall be the duty of the mayor of the city, or the chief of either department, to prefer charges against any employee for a violation of the civil-service rules governing the department of such employee, when, in either of their opinions, there is sufficient ground to warrant an investigation of such charges. All charges in every instance shall be signed by the respective officers preferring the same, and served upon the employee in a manner as hereinbefore provided for subpoenas. A duplicate of such charges shall be forthwith sent to the chairman or acting chairman of the committee having jurisdiction, and a copy of the same shall be filed with the clerk of the mayor and council. Upon receipt of the duplicate of such charges aforesaid, the chairman or acting chairman, of the committee shall immediately cause a summons to be issued, directed to the employee under charges, requiring him to be and appear at the time, date, and place named in such summons, to defend the charges against him; provided, however, that no hearing or trial on the merits of such charges shall be had or held by the committee in less than three days following the date of such charges. It shall be the duty of the chief of the department to see that all witnesses needed or required for said hearing or trial, both for the city and the employee, shall be subpoenaed. Charges against employee. Hearing. Subpoenas. Sec. 62. Depositionswhen used . When any charge shall be preferred against an employee as herein provided,

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and there shall be a witness, or witnesses, whose testimony is desired either by the city, committee, or the employee under charges, upon the trial of such charges, and such witness or witnesses are non-residents of the City of Macon, or if residents are female, or, from illness or physical disability or other good cause shown, cannot appear in person upon the trial of such charges, the side desiring the testimony of the witness or witnesses aforesaid may take and use the sworn depositions of such witness, upon giving the opposite side such notice as shall be prescribed by the chairman of the committee having in mind the exigencies of the occasion and the importance of such testimony. Such depositions shall be filed with the chairman. Depositions. Sec. 63. Absconding officer . If any employee under charges shall refuse to stand trial, or shall abscond while under charges and shall not be present at the trial thereof, the said committee may discharge such employee as by default. Absconding employee. Sec. 64. Appeal to Council . Any employee dissatisfied with the decision of the committee on the trial of the charges against him shall have the right to appeal from the decision aforesaid direct to the mayor and council of said city, whose decision therein shall be final and conclusive Appeal. Sec. 65. Suspension pending trial . The mayor of said city shall have and possess the right and authority to suspend, before trial, any employee of either department, with or without pay, for a period not exceeding fifteen days, when charges have been made and filed against such employee. The same and like right and authority is hereby given to the chiefs of the two departments over the members and employees of their respective departments. And the mayor of said city may suspend any employee of either department, pending the final outcome of any appeal, and do so either with or without pay to such suspended employee, subject, however, to the provisions of rule 15 of the regulations. Suspension of employee.

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Sec. 66. Power to make civil-service rules . The mayor and council are hereby given the right to make and adopt civil-service rules relating to and governing applicants and applications, not in conflict with the provisions of this Act, which said rules may be amended, modified, repealed, or added to, in the discretion of the said mayor and council. Power as to civil-service rules. Sec. 67. Majority committee controls . All matters or subjects over which the said committee herein shall have control shall be determined by a majority vote of such committee. Majority of committee controls. Sec. 68. Powersexercised by whom . Any and all rights, powers, and duties herein vested in or imposed upon the mayor, chief of either department, chairman of either committee, shall, in absence of either from duty, devolve upon the official next in rank, or the person who by law or otherwise is discharging the duties of the respective office aforesaid. Who acts in absence of officer. Sec. 69. Prohibited affiliations . No member of the police or fire department of the City of Macon shall he become or remain a member of any organization within either of said departments or of any organization within either of said departments affiliated directly or indirectly with another organization, which holds, claims, or exercises the right to demand of any of its membership obediance to an order to strike for any cause; and if any member of the police or fire departments of the City of Macon shall violate the provisions of this section, it shall be the duty of the mayor and council, immediately to discharge such members from the service. Affiliation with organizations; when prohibited to policemen and firemen. Sec. 70. Pension provisions . Whenever any member of the police department or fire department of the City of Macon shall have served for twenty-five years continuously and without interruption in one or both of said departments, he shall be permitted to retire from active service, upon his own application, on pay equal to one half the salary received at the date of retirement, subject, however, to the following terms and conditions: Pensions. Voluntary retirement on half pay.

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(a) Any such employee desiring to retire shall obtain from the city physicians or one of them a sworn certificate to the effect that such employee is no longer fit and competent to perform the active duties of his position, together with a statement of the grounds of unfitness or incompetence. Upon presentation of such certificate to the police or fire committee, as the case may be, such committee shall pass upon said application, and, if they find the application to be meritorious, shall recommend retirement of such applicant to the mayor and council. Should the recommendation of such committee be adopted, the said applicant shall be retired on one-half pay as herein stated, which shall be paid to him under the same rules and regulations as active members of said departments may be at the time paid. The action of the mayor and council upon said application shall be final and conclusive upon the applicant. Certificate of physician. (b) Such employee shall then be known as a retired member of his department, and shall be relieved of all active duty of his position, and be free to engage in such other occupation or business as he may desire. Relief from duty. (c) The retired pay granted under the provisions of this charter shall continue to be paid to said retired employee for and during the term of his natural life, so long as the pension provision of the charter remains in effect. Said retired pay, however, shall not be subject, in whole or in part, to assignment, sale, or pledge. Retired pay, continuance of. Pay not assignable. (d) The City of Macon shall have the right, upon a majority vote of council, to retire on half pay any member of the police or fire Department who may have served continuously and without interruption for twenty-five years in one or both of said departments, whether or not such employee himself desires to be retired. The mayor and council shall also have the power and authority, by a majority vote, to retire on half pay any member of said departments who may be totally and permanently disabled in the discharge of official duty. Upon

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such retirement half pay shall be paid as required in subsection (a) hereof, and the provisions of subsection -(b) and (c) hereof shall apply to any member of either department so retired. The action of the mayor and council in retiring a member of either department shall be final and conclusive upon such member. Involuntary retirement. Sec. 71. General police powers of Mayor and Council . The mayor and council shall have full power and authority to enact ordinances for the regulation and control of all hotels and public places and buildings within the city, and to require the posting and publication by hotels of their rates and charges in each room thereof, and to prohibit the raising of rates by hotels without such notice and publication as may be prescribed by the mayor and council; also to control and regulate all slaughter-houses and rendering plants within the limits of the city or outside of the city within a mile thereof, and to remove the same if they become nuisances or injurious to the public health. They shall have power to regulate and control all railroads, street-railroads, motor-buses, and other common carriers for hire, motor-vehicles, filling-stations, garages, public-utility companies, restaurants, and places of amusement, doing business within said city. The said mayor and council shall be vested with full power and authority to regulate and control fire hazards and the prevention of fire, to establish and fix fire limits within said city, and to make it unlawful for any person to erect therein other than fireproof buildings or structures; to make all necessary rules and regulations in reference to the control, handling, inoculation, and impounding of any and all domestic animals within the city; and to pass such other ordinances as may be deemed necessary for the preservation of the public peace, good order, and welfare of said city. Powers of mayor and council. Sec. 72. General powers of Mayor and Council over . The mayor and council shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets and alleys of the City of Macon, and the grading of the same; to open new streets and alleys,

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and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall thus be taken by the City of Macon without compensation being made, the method of procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings. Powers as to streets, etc. Sec. 73. Removal of buildings . The Mayor and Council of the City of Macon shall have full 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 said city. Removal of buildings. Sec. 74. Paving and curbing of streets and sidewalks, assessment for cost of, etc. All streets, alleys, sidewalks, pavements, and street crossings shall be under the control, power and direction of the said mayor and council, and they shall have full and complete power and right to direct the mode, manner, and style in which all street-crossings, sidewalks, and pavements shall be constructed, paved, or unpaved, and in case of failure of refusal of any property-owner, after notice, to comply with the ordinance passed by the mayor and council in reference to the construction, paving, or repairs of the sidewalks, pavements, or street-crossings, said mayor and council are hereby authorized and empowered to prescribe that said owner may be fined in a sum not exceeding five hundred dollars, and to collect the same by execution; they may also direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements, and street-crossings at the expense of the owner so refusing or failing to comply with said ordinance, and the said mayor and council are hereby empowered to issue executions for said bill of expense against the said owner, and levy and collect the same as in case of execution for taxes. Provided, however, that nothing contained in this section or in any other part of this charter shall be construed to confer any ministerial

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power on said mayor or council over the streets, crossings, sidewalks, pavements, public buildings, or public works of said city, but the said mayor and 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 work done or performed within the limits of said city, of the character referred to in this and the preceding sections. Paving. (a) The Mayor and Council of the City of Macon shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets and public lanes and alleys of said city; to put down curbing, guttering, cross-drains, crossings, and to otherwise improve the same. (b) In order to fully carry into effect the authority above delegated, the Mayor and Council of the City of Macon shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including two thirds of the necessary curbing and guttering for the same, on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved. Assessments. (c) That the Mayor and Council of the City of Macon shall have full power and authority to assess one third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings, and otherwise improving the roadway or street proper, on the real estate abutting on each side of the street improved, and upon the property of any street-railroad company or other railroad company. The real estate abutting on each side shall be assessed, and shall pay two thirds of the entire cost, and any street-railroad company or other railroad company having tracks running through, across, or into any street so improved shall be assessed, and shall pay all the cost of paving or improving such street for the entire

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space between their rails or tracks and for one foot on each side thereof when there is a single track; but whenever any street-railroad company or other railroad company shall have and maintain a switch-track, or other than one track, on any street or part of street paved and improved, then such street-railroad company or other railroad company shall be assessed and shall pay the entire cost of paving the entire space between their two or more tracks and between the rails of each track, and one foot on each side of the outside rail of the outside track; and the treasurer of the City of Macon shall issue executions for the amount assessed against any street-railroad company or other railroad company, at the same time and in the same manner as executions shall be issued against the real estate abutting on the street so improved, which said executions shall be enforced, levied, and collected by the marshal in the same manner as is now or may hereafter be provided by law for the enforcement of the [Illegible Text] of executions against abutting real estate; provided, that this law authorizing assessing of abutting-property holders the whole cost of paving sidewalks, including two thirds of the cost of curbing and guttering, is in no way affected hereby. Provided, that nothing herein contained shall authorize any assessment for new street-paving construction by the City of Macon against the Macon Railway and Light Co. Assessment on railroad company. Proviso as to Macon Ry. Light Co. (d) The Mayor and Council of the City of Macon shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose, and for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement and prorating 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 discretionary with the Mayor and Council of the City of Macon whether said improvements shall be made or not. Equalization of assessments. Discretion as to improvement. (e) The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date

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of the passage of the ordinance providing for the work and making the assessment, which said lien shall be en-enforceable against the property in the hands of a purchaser without notice. 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 sidewalks, by execution to be issued by the city treasurer against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the marshal of the said city upon such real estate; and after advertisement and other proceedings as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the marshal of the City of Macon shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided, that the 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 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 tried, and the issue determined as in cases of illegality for delay. Execution for assessment; 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, 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. Option to pave. (h) The lien given to the City of Macon for assessments upon abutting property, and also on the property

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of street-railroad companies for street or sidewalk paving, guttering, curbing, grading, or draining, shall have rank and priority of payment next in point of dignity to the liens in favor of the City of Macon for taxes due said city, such liens or priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Rank of lien. (i) The mayor and council shall have full authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to grade, pave, macadamize, drain, 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. Authority as to ordinances. (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 mayor 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 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. Executions. Transfer of fi. fa. Sec. 75. Repaving or repairing of streets and sidewalks . The City of Macon shall have full power to repave and repair any sidewalk, street, or alley or portion of such sidewalk,

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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 mayor and council the paving originally laid on such sidewalk, street, or alley, or portion of sidewalk, street, or alley, is worn to such extent that it is no longer useful as a good pavement. Repaving, etc. Sec. 76. Railroads and street-railroadsduty to pave, drain, etc . The Mayor and 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 said track or tracks for the entire space covered by and between said tracks and three feet on each side of the abuttments or trestle supporting said track or tracks, at such time and in such manner and with such materials as the mayor and 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 mayor and 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. Paving by railroad companies. Sec. 77. Railroad companies must erect bridges, etc . The Mayor and Council of the City of Macon are hereby authorized and empowered to require all railroads and railroad companies to erect suitable bridges across their tracks and road-beds where the same cross the public streets of said city, or to construct suitable underpasses where said tracks and road-beds cross the public streets of said city, in all cases in which the mayor and council shall declare by resolution the construction of said bridges and

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underpasses necessary for the protection of human life and property. The Mayor and Council of the City of Macon are hereby further authorized and empowered to require all railroads and railroad companies to construct, repair, or reconstruct, at their own expense, such culverts, drainage-pipes and other drainage structures across their rights-of-way or under their tracks and road-beds anywhere within the limits of the City of Macon, whenever the mayor and council shall by resolution declare that the construction of installation of said pipes, culverts, or other drainage structures are necessary in the interests of the public health safety, and welfare of said city. It shall also be the duty of the railroads and railroad companies having bridges or underpasses constructed, or when they may hereafter construct bridges or underpasses across or under their tracks and road-beds, where the same cross the public streets of said city, to keep said bridges, underpasses, and approaches thereto, and the foundations, pillars, and supports thereof, in safe condition and so as to admit of comfortable travel on any such street. Said mayor and council shall have the authority to regulate the building, repair, and maintenance of such bridges and underpasses in so far as to declare the general character of such bridge or repairs suitable to be made, and to prescribe the material or materials to be used in the building or repairing of such bridges and underpasses, and to determine and provide for the drainage, light, and comfort of said bridges and underpasses, and the streets adjacent thereto, and also 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 the failure of any railroad or railroad company, after reasonable notice so to do, to build or repair any bridge or underpass or the approaches thereto, or to install, construct, repair, or reconstruct any drainage structure as herein provided, or properly maintain the same, the said mayor and council shall have authority to do such building, repairing, or putting into safe and suitable and comfortable condition said bridge, underpass, the approaches

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thereto, or a drainage structure, at the expense, with interest and costs, of such railroad or railroad company, for which expense execution shall issue as other executions are issued by said city, and be levied on any property of such railroad or railroad company; provided further, that the said mayor and council shall have power and authority by ordinance or resolution to declare any structure or railroad company's bridge or bridges or underpass a nuisance, whenever in their discretion the same shall need repair, shall be unsafe, or shall in any manner interrupt or interfere with the public safety or convenience, and shall have the power and authority to order any such structure, railroad or railroad company's bridge or underpass to be repaired, removed, or reconstructed in accordance with such plans and specifications and with such materials and in such time and manner as may be prescribed by said mayor and council; provided further, that if any railroad or railroad company shall fail to comply after reasonable notice, and to build, repair, or reconstruct any such bridge or underpass or the approaches thereto, or otherwise as above provided, or shall fail to build, repair, or reconstruct the bridge or underpass or approaches according to the plans and specifications prescribed by the mayor and council, 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, viaduct, underpass, or drainage structure shall not be built or repaired, as provided by the Act creating the recorder's court of the City of Macon. Railroad bridges, underpasses, etc. Sec. 78. Transferred execution collected by City Marshal . Whenever the City of Macon shall transfer any execution for paving and improving streets, lanes, and alleys of said city, or for laying sidewalks within the corporate limits of 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

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of ground, or property against which said execution are liens. Collection of transferred execution. Sec. 79. Service-pipes lowered by City . The City of Macon shall have full power and authority to tax and assess the cost of lowering service-pipes connecting 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. Cost of lowering service-pipe. Sec. 80. Notice to property-holders . When it becomes necessary, in the opinion of the Mayor and Council of the City of Macon, to grade any street or alley within the corporate limits of the municipality, thereupon, the mayor and 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 street or alley to be graded. Such notice may be served in the manner provided by ordinance or resolution of the mayor and 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 to lower service-pipe. Sec. 81. Rank of lien . The lien given to the City of Macon for the assessment of the cost of lowering service-pipes

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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. Rank of lien. Sec. 82. Streetshow opened . 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 three fourths 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. Petition to open or extend street; etc. Sec. 83. Power to grant encroachments . 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; and provided further, that, in order to maintain the uniform building line, no encroachment granted hereunder shall extend beyond adjacent or previously granted encroachments on said streets in said blocks; and provided further, that no encroachment 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 tax fi. fas. of said city, a notice to the public that (1) the applicant intends to apply to the City of Macon for an encroachment, 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

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if granted; and provided further, that any encroachment granted without the foregoing notice having been complied with shall be null and void. Encroachments. Sec. 84. City Reservepower to lease or sell . The mayor and council shall have power to lease or sell 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. Lease or sale of City Reserve. Sec. 85. Public workspower of Mayor and Council to construct . The Mayor and Council of the City of Macon shall have power and authority to order the construction, improvement, and maintenance of all public works, including sewerage, the care and improvement of the public parks, the public buildings, the street and bridges, and to employ all the agents and servants necessary for carrying on the work of the department. They shall also have power to remove or discharge all such agents or employees, and make all rules and regulations for the government of the same; also to buy all materials and make and let contracts for work. All new work shall be approved before it is undertaken, and all bills for expenditures shall be passed and approved by the mayor and council before they are paid by the treasurer. Public works, power as to. Sec. 86. City bridges . The said Mayor and 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 present city bridges across the Ocmulgee River at 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 shall subject the offender to indictment and punishment in the Superior Court of Bibb County as for malicious mischief. Bridges. Sec. 87. Parks outside of city . The City of Macon is hereby authorized to make, keep, and maintain parks and public ground located outside of the incorporate limits of said city and to receive, hold, and own the fee-simple

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title to such real estate and personal property as may be necessary for such parks or public ground, and to make and enforce all such rules and regulations as may, in the discretion of the mayor and council, be necessary to preserve good order, peace, and dignity therein. Parks, etc., outside city. Sec. 88. Park CommissionPower to establish . The mayor and council is hereby vested with full power and authority to create and establish by ordinance a commission to take charge of and manage the various parks in the City of Macon, Central City Park excepted, and prescribe the powers and duties of such commission, the terms of office of such commissioners, and the compensation to be paid each; provided that said commission shall never have authority to bind the City of Macon by contract or otherwise for any amount in excess of the annual appropriation made by the mayor and council to such Park Commission. Park commission. Sec. 89. General taxing power . The City of Macon shall have 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 incomes derived from property within the city, and upon gross sales within the city; provided, that no tax upon real or personal estate or property shall exceed one and one half per cent. upon the value thereof. Taxes. Sec. 90. License and specific or occupation taxes . The mayor and council shall have full power to levy such license and specific or occupation taxes on the residents of the City of Macon, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as said mayor and council may deem expedient or necessary for the safety, benefit, convenience, or advantage of said city; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel

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the payment of such licenses and taxes by execution or in any other lawful manner; and to make all suitable laws and regulations necessary or proper to the carrying out of the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Licenses. Sec. 91. License taxhow limited . It shall not be lawful for the City of Macon to levy any license or business tax upon vehicles used by merchants, manufacturers, and other business in said city in the conduct of their business, where no charge is made by said persons for drayage, but where said wagons are used exclusively by them in the delivery of goods, wares, and merchandise sold by them. Delivery wagons of merchants, etc.; when exempt from tax. Sec. 92. Limit of general taxing power . The Mayor and Council of said City of Macon shall not levy a tax to exceed one and one half per centum (1%) per annum upon the property in the City of Macon subject to an ad valorem tax, for the purpose of raising revenue for the support of the government of the City of Macon or to pay any appropriation that may be made by the mayor and council of said city. Tax rate, limit. Sec. 93. Board of tax-assessors created . There shall be 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 elected by the mayor and council; provided, however, that the mayor and council shall have the power to designate any officer or employee as one of the members of said board, who shall discharge the duties of a tax-assessor without additional compensation therefor. Said board is hereby vested with full power and authority to assess for taxation the fair market value of all property, real and personal, in said city, subject to taxation, so that said property shall stand upon the tax-digests at its reasonable and fair actual market value. The property in said city subject to taxation owned by said tax-assessors shall be assessed by the mayor and council. It shall be the duty of said board at all times

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to locate property that is not duly returned for taxation, to equalize taxation, and to ascertain the fair and reasonable market value of all property in said city subject to taxation. Tax-assessors. Sec. 94. Assessment of unreturned property; raising assessments, notice and hearing, appeals . When any property in the City of Macon has not been returned for taxation by the tenth day of February as required by law, it shall be the duty of the board of tax-assessors to assess said property for taxation at its fair market value, adding, as a penalty for failure to make return, ten per cent. of the market value of said property. When any property in the City of Macon has been returned for taxation at a value which, in the opinion of the said board of tax-assessors, is less than its fair market value, it shall be the duty of said board to ascertain the fair market value of said property and to assess it for taxation at said market value. When any assessment is made as herein provided, it shall be the duty of said board, within ten days after the making of said assessment, to give to the owner of such property notice in writing of said assessment. Such notice shall specify the amount of the assessment made, indicate the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment, and of the time and place of the hearing. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatsoever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. The notice in any such case shall be considered as given on the day it is mailed. If the owner of any such property fails or refuses to appear either in person or by agent at the time and place designated in said notice, then the assessment as made shall be final. Any taxpayer who may, after a hearing by the board, be dissatisfied with the action of said board on any such hearing shall have the right to appeal to the mayor and council thereon, whose decision on said appeal shall be final. Assessment of unreturned or under-valued property. Notice to owner. Appeal.

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Sec. 95. Tax returns, etc. 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 on or before February the tenth 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 are hereby empowered to administer a legal oath to persons making such tax returns. Tax returns. Sec. 96. Penalty for concealing property . The City of Macon is hereby vested with power to prescribe, by ordinance, 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. Concealing property to avoid tax. Sec. 97. Taxeswhen due, etc. 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: 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 day of August. The other installment of one third of the total tax for the year shall be due and payable on the 15th day of December. Should said installments not be paid within fifteen days from the date they become due and payable, the city shall, in addition to the principal and cost, 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 this charter provided. Payment of taxes; installments due when. Executions.

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Sec. 98. TaxesHow collected, etc. 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 said city as may be designated by formal resolution adopted by the mayor and council, shall sell the property levied on before the court-house door on Bibb 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 shall then 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 mayor, with the consent of the city 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. Tax sales. Sec. 99. Sales under tax executions . All sales of property under execution in favor of said City of Macon shall be advertised, and such shall be made and conducted in the same way and manner as sheriff's sales under execution in the County of Bibb. Sec. 100. Waterworks . The City of Macon is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident therein and the several suburbs thereof. Waterworks. Sec. 101. Board of Water Commissioners . The operation and management of said waterworks plant shall be

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under a commission consisting of three members to be elected as hereinafter provided, and to be known as the board of water commissioners. Said commissioners now in office shall continue their terms of office as prescribed in the Act creating said board. On the third Wednesday of September, 1927, and biennially thereafter, one commissioner shall be elected for a term of six years; all elections for water commissioners shall be under the laws regulating elections for mayor and aldermen of said city. Should any vacancy occur on said board, the remaining members thereof shall immediately notify said mayor and council thereof, who shall at their next regular meeting thereafter call an election for the purpose of filling such vacancy, to be held within sixty days from the call thereof; provided, that such special election shall not be held within thirty days of any general or primary election for mayor and aldermen of said city. The person so elected shall hold office for the unexpired term for which he was elected. And all commissioners shall hold office until their successors are elected and qualified. Provided, however, that if said vacancy should occur within sixty days from the expiration of said term, the vacancy shall be filled by an election to be held by said mayor and council. Water commissioners. Vacancy in board. Sec. 102. Bonds and compensation of commissioners . Immediately after the election of said water commissioners, each of them shall give bond for the faithful discharge and performance of their duties, in the sum of ten thousand ($10,000) dollars, payable to the City of Macon, and to be approved by the Mayor and Council of the City of Macon. They shall proceed to elect a chairman for the term of two years, at a salary of twelve hundred and fifty ($1,250) dollars per annum; the other members of said board shall receive a salary of nine hundred ($900) dollars per annum. All salaries shall be paid monthly by vouchers drawn upon the fund deposited to the credit of said board by the chairman and countersigned by the secretary of said board. Bond and pay of water commissioner.

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Sec. 103. General management waterworks . Said board of commissioners shall have full and plenary power to make all rules and regulations for the management and operation of said water-plant, and to fix from time to time rates charged for water, with the right to classify said rates. Said board shall not have the power to enforce payment for water for more than thirty days in advance of supplying the same, but shall have the power to require reasonable deposits sufficient in amount to cover estimated consumption for thirty days before supplying water service. Any consumer may pay in advance for a period of six months for water, and it shall be the duty of said board of water commissioners to receive said payment and place it to the credit of such consumer, to be used in said six-months period in the consumption of water. Said board of water commissioners shall have full power and authority. Powers of water commissioner. Payment by consumer. (a) To promulgate and enforce rules and regulations providing for service charges, and the right to classify said charges within the City of Macon and without the City of Macon, and between resident and non-resident consumers. No abatement of the amount due for water by any consumer, or rebate, shall be granted directly or indirectly, except upon the official action of the board at a regular or called meeting. Said board shall furnish to the City of Macon water for all municipal purposes without charge. Service charges. No charge to city. (b) All employees that may be necessary for the operation and management of said plant shall be under the direct control and authority of said board of water commissioners, and they shall have the authority to discharge all persons employed by them at any time in the same manner and to the same extent that any private employer has over his employees. Some person full qualified to keep correctly the books of the board shall be employed to fill the office of secretary of said board, whose duty it shall be to keep a correct set of books showing all purchases of every character pertaining to the management operation, construction, and extension of said plant, and

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to make regular itemized monthly report to the Mayor and Council of the City of Macon, showing the receipts and disbursements of the plant, together with a statement of the amount of money in bank and where deposited. Said books so kept shall be at all times open to the inspection of the Mayor and Council of the City of Macon and any citizen thereof, under proper regulations provided by said board of water commissioners. They shall have their books audited annually by some certified competent public accountant, and cause to be published in two daily newspapers in the City of Macon a full and complete statement once every three months. Employees. Accounts. Audit. (c) To employ a competent person who has had experience in the operation of waterworks plants, whose duty it shall be to have general superintendency of operation, construction, and extension of said plant; to require all employees handling any of the moneys touching and concerning the operation and management of said plant, or in any way connected with the purchase of any supplies for the operation, construction, and extension of said plant, to give bond for the faithful discharge and performance of their duty, in a sum to be fixed by the commission; that it shall be the duty of said board of water commissioners, and they are hereby authorized, to make all necessary extensions and to do all necessary work for the maintenance and improvement of said waterworks system, and to carry on the business of the waterworks, and to make such extensions and improvements, either by letting contracts to the lowest and best bidder, or by doing said work by its own force, as in their judgement they deem best, out of the money received from the sale of bonds as hereinbefore provided, or out of the income from the waterworks after paying the expenses and setting aside of the amount of money necessary to pay the principal and interest on the bonds; to select some reputable bank or banks to act as a depository for the bonds as hereinbefore provided; and to receive and pay out, in the manner herein provided, all sums of money collected by said board of water

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commissioners in the operation of said water-plant or from any other source; and to receive and hold and pay out all moneys arising from the sale of bonds deposited with them by the Mayor and Council of the City of Macon, as herein provided. All other things being equal, the bank or banks paying the highest rate of interest shall be selected as trustee and depository. Said bank or banks, at their own expense, shall give an indemnifying bond, conditioned to save the City of Macon harmless in the faithful performance of its duties and for the faithful accounting of all moneys deposited with it by said commissioners. Superintendence. Fidelity bonds. Duties and powers of board. Sec. 104. Water and sewer service beyond city limits . Said board of water commissioners shall have the authority to furnish water an sewer service to persons living beyond the corporate limits of the City of Macon, and shall have the power to fix the rates to be paid for such ware and such sewer service. Upon the failure of any such consumer to pay for water, said board shall have the right to shut off the water from said premises, as provided in section 108. In any case where sewer rent for sewer service is not paid, the charge therefor shall constitute a lien against the property where said sewer service is furnished, which may be enforced by execution in the same manners as executions for taxes are issued and enforced. Water and sewer service outside city. Sec. 105. Income of waterworksHow used . All the income arising from the operation of the said waterworks, and all the revenues derived therefrom after paying the necessary operating expenses, the principal and interest on the bonds, and the cost of any extensions and repairs of the said waterworks-plant, is hereby appropriated to a sinking-fund for the payment of the principal of the bonds issued by the mayor and council for the purpose of raising money with which to purchase said waterworks, which are not yet due, and the said board of water commissioners are hereby required and directed to make a daily deposit of all such moneys in the bank or banks hereinbefore provided for, and neither the said board of water commissioners nor the mayor and council shall ever have power

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to appropriate or use any of said funds for any purpose other than herein specified, until the said bonds shall be retired and paid off; and the said mayor and council are hereby given authority to appropriate said money in said banks in excess of the said charges for maintenance, extension, and repairs to the payment of the principal of said bonds as aforesaid. Waterworks income, how used. Sec. 106. Rules of board have force of ordinances . The Mayor and Council of the City of Macon are hereby authorized to make all necessary ordinances for the purpose of protecting the city in the ownership and enjoyment of said property, and for the purpose of protecting the city against loss and misuse and waste of water by the consumers of the City of Macon and its suburbs by means of said waterworks plant, and the mayor and council shall adopt as ordinances all rules and regulations of the board of water commissioners whenever requested by said board in writing. Water-board rules. Sec. 107. City attorney legal adviser of board . The city attorney shall be the legal adviser of said board in all matters, for which he shall not receive any additional compensation. The board of water commissioners shall have power to employ special counsel whenever in their opinion the best interest of the waterworks may require it. City attorney to serve board. Special counsel. Sec. 108. Shutting off water . When the board of water commissioners, under the rules made by said board, has shut off the water from premises where supplied, for the non-payment of water-rent, the said board of water commissioners shall not by any authority be compelled to again turn on the water for such delinquent consumer, at such location or elsewhere, until all back water-rent due by said delinquent consumer for water furnished or consumed on said premises from which water has been shut off shall have been first paid, including the charges for turning off and on the water supply. Delinquent consumer of water. Sec. 109. Premiums on commissioners' bonds . The premium on the several bonds required by section 4 of an

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Act to create a new charter for the City of Macon, approved August 18, 1911, and which said bonds are required to be given by each member of the board of water commissioners, shall be paid out of the funds of the said board of water Commissioners Premiums on bonds. Sec. 110. MetersInstallation of . The board of water commissioners may, in their discretion, install water-meters on any premises supplied by them with water; and when a meter has been so installed, they shall collect the cost of installing such meter from the person owning the premises upon which such meter was installed; and should such person fail or refuse to pay therefor; said board shall have full power and authority to shut off the water supply from such premises, and said board shall not be compelled to turn on the water supply at such premises until the charges for such meter installation has been fully paid. The board may, upon application of any tenant, install meters upon the premises occupied by him, upon his paying the costs and charges for such installation. Said board shall have power to classify the consumers of water furnished by it into classes designated as small, intermediate, and large consumers, and may, in their discretion, place any or all small consumers on a flat rate. Meters. Sec. 111. Condemnation of land by city . The City of Macon shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of said system of waterworks, both in and out of the city, and said City of Macon shall have full power and authority to condemn property, both in and out of the city limits, for the purpose of construction and operating or extending and operating a system of waterworks, and shall likewise have full power and authority to condemn property, both in and out of the City of Macon, for the purpose of constructing and extending the system of sanitary sewers for the City of Macon; provided, however, that no private property shall thus be taken by the City of Macon without compensation being paid, the method and procedure for the condemnation of property being

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the same as now provided by the laws of Georgia in condemnation proceedings. Condemnation of land for waterworks. Sec. 112. Hospital; Authority to own and operate . The City of Macon shall be authorized to own a hospital and operate and maintain same by and through a board of commissioners, to be selected as hereinafter provided. And in order to fully carry into execution the power herein given, said city is hereby authorized to receive, take, hold, and own any and all property, real and personal, either within or without the City of Macon, that may in the discretion of the mayor and council be necessary for the operation and maintenance of such hospital. The conveyance of the property, real and personal, of the Macon Hospital by its board of directors to the City of Macon, is hereby ratified and confirmed. Hospital. Sec. 113. Hospital CommissionElection and terms of office . The control, operation, and management of said hospital shall be under a commission consisting of five members including the mayor of the City of Macon and the chairman of the county Board of Commissioners of Bibb County as ex-officio members thereof. The other members of said commission shall be selected by the mayor and council. Said commission shall be known as the Macon Hospital Commission. All vacancies occuring on said commission shall be filled by election by the mayor and council, and the person so elected shall hold office for the unexpired term and until his successor is elected and qualified. The terms of the office of said commissioners shall be six years. Hospital commission. Sec. 114. Hospital Commissionduties and powers . Said board of commissioners shall be and they are hereby given full power and authority: Duties and powers of hospital commission. (a) To promulgate and enforce such rules and regulations in the control, operation, management, and maintenance of said hospital as may in their discretion be necessary and for the best interest of said hospital and the City of Macon. It shall be the duty of the mayor and the council

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to make penal the violation of any such rules and regulations, whenever requested so to do by resolution of said commission. Rules. (b) To determine what patients shall be admitted to said hospital and treated as charity patients and at the expense of the City of Macon, and what patients shall be admitted to said hospital for treatment on condition that such patients pay for the services rendered. Patients. (c) To provide and maintain a dispensary and free clinic for the benefit of the poor of the City of Macon, and to furnish medicine and medical attention to such persons as may be unable to pay for the same. Dispensary; free clinic. (d) To specify what physicians and surgeons shall be admitted to practice their profession in said hospital, and no physician or surgeon shall be permitted to enter his patients in said hospital or practice his profession herein until he has first obtained from 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 hospital, upon the same terms and conditions as permits are granted to physicians and surgeons. Permits for physicians and nurses (e) 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 Macon Hospital. The duties, powers, and authority of such medical staff shall be such as may be prescribed by said board of commissioners. Medical staff. (f) To conduct a training-school for nurses, and to instruct persons in the art of professional nursing, and qualify them to register and practice their profession as required by law. Training school for nurses. (g) To employ all persons necessary for the operation and management of said hospital, and all persons so employed shall be under the direct control and authority of said board of commissioners, and shall be subject to be

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discharged at any time by said commission; and when any person shall be so discharged, he shall have no claim against said board of commissioners nor against the City of Macon for pay from the date of such discharge. Employees. (h) To purchase such supplies, furnishings, instruments, and equipment and secure such professional and other services as may be necessary to carry into effect the general purpose for which said hospital is owned and maintained. Provided, always, that the power and authority given in this section shall never be held or construed to authorize any acts prohibited, or enlarge any limitations contained in this act. Supplies. Sec. 115. Records and audits required . 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. Every three months said commission shall file with the mayor and council an itemized statement showing the receipts and disbursements, together with a statement of the money on hand and where deposited. Said book shall be at all times open to the inspection of the mayor and council or any citizen of the City of Macon, under proper regulations prescribed by said board of commissioners. They shall have their books audited annually by a certified public accountant, and cause to be published once in each year in the official gazette of the City of Macon a complete statement of their receipts and disbursements. Accounts. Audit. Sec. 116. Moneyshow handled . Be it further enacted by the authority aforesaid, that all money received by said board of commissioners, from whatever source derived, shall be deposited with some solvent bank or banks selected by them, and shall not be drawn therefrom except upon vouchers duly drawn and countersigned under the rules of said commission. Depositories. Sec. 117. Expenditurescontractsliability . Be it further enacted by the authority aforesaid, that all ordinary

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expenses of operating and maintaining said hospital shall be derived paid out of the earnings derived from its operation, gifts, and bequests made for such purpose, and from the annual appropriations made therefor by the mayor and council. All special and extraordinary expenditures shall be made from gifts and bequests for such purposes and from funds previously appropriated by the mayor and council for such special or extraordinary purpose. Said commission is hereby authorized and empowered to make and enforce all contracts necessary for the maintenance, control, regulation, and management of said hospital, and make such contracts calling for special or extraordinary expenditures as may be necessary; provided always, that the expenditures made or the liability incurred in such contracts for the maintenance, control, regulation, and management of said hospital is within the amount of money on hand as gifts and bequests and that derived from its operation, and the annual appropriation previously made therefor; and provided, further, that the expenditures made or the liability incurred under any contract for such special or extraordinary expenditures is within the amount of money on hand as gifts and bequests for such purpose and that previously appropriated therefor by the mayor and council. Said commissioners shall never have power or authority to expend any sum of money or incur any liability for the expenditure of money in excess of the money on hand from gifts, bequests, and revenue derived from its operation, plus the appropriations previously made therefor as aforesaid. Expenditures for hospital. Contracts for hospital. Sec. 118. Oath and bond . Be it further enacted by the authority aforesaid, that said commissioners shall take such oath of office and file such bond as may be prescribed by the mayor and council. Oath and board of commissioners. Sec. 119. Joint action authorized . The City of Macon and County of Bibb be and they are hereby authorized and empowered to act jointly as herein provided in the maintenance of a joint board of health in and for the City

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of Macon and County of Bibb, and to provide the necessary funds from the city and county therefor. Joint board of health for city and county. Sec. 120. Boardhow constitutedterms of office . There is hereby created a board of health in and for the County of Bibb and City of Macon, consisting of five members and composed of the chairman of the Board of County Commissioner of Bibb County, the superintendent of the public schools of Bibb County, the chairman of the finance committee of the city council of the City of Macon, the chairman of the committee of charities and health of the City of Macon, and one physician to be selected by the Bibb County Medical Society. The physician so selected shall hold office for the term of two years from his appointment, and until his successor is elected and qualified, and the other members of said board to continue in office so long only as they occupy the office that make them, by virtue of their office, members of said board. This act to become effective on the first day of January, 1924. Membership of board of health. Terms of office. Sec. 121. Powers and duties of board . Said board of health shall hold regular monthly meetings, and special called meetings when necessary, and shall receive as full compensation for all services rendered, the sum of five dollars for attending the regular monthly meetings. Said board of health is hereby clothed with all of the rights, powers, and privileges heretofore given to the health and sanitary officers of the City of Macon and the County of Bibb, with power to prescribe rules and regulations pertaining to health and sanitary conditions in the City of Macon and the County of Bibb; to enforce, directly or through health officers, all such rules and regulations and the health and sanitary laws of the State as well as those having application to Bibb County and the City of Macon only; to employ a health officer, who shall be a physician of good moral character and experienced in the work of health and sanitation, and prescribe the number of persons to be employed by him; to receive the appropriations from the City of Macon and the County of Bibb, and allot the same to the various expenses incident to carrying on

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the work to be done; to prescribe the salary of the health officers and all employees under him; to have a corporate entity for the purpose of suing and being sued; to discharge the health officers at any time when in their judgment they think proper to do so. The authority of said board to spend money or create liability on the City of Macon or the County of Bibb shall be limited to appropriations previously made to said board by the City of Macon and the County of Bibb; and for a violation of the provisions herein the members of said board authorizing the same shall be personally liable therefor. Board's powers and duties. Health officer. Sec. 122. Health officer's duties and powers . It shall be the duty of the health officer to supervise and superintend the health and sanitary work in the City of Macon and the County of Bibb, and to enforce all health rules, regulations, and laws; to make inspections and surveys regarding the health and sanitary conditions in said city and county; to make reports to the board of health of the work being done, and recommendations as to what should be done, and advise the cost of doing the same; to employ and discharge all assistants under him; to devote all of his time to the duties of his office, and to see to it that all employees under him do likewise and upon their failure so to do remove them from office. Health officer's duties and powers. Sec. 123. Annual report required . Said board of health shall annually make to the Mayor and Council of the City of Macon and the Board of County Commissioners of Bibb County a full and complete report of the work done by said board, the cost of same, and shall make recommendations and estimates in which shall be incorporated an outline of the work to be done during the ensuing year, and the estimated cost of the project. Reports. Sec. 124. Appropriations by city and county . The Mayor and Council of the City of Macon, and the Board of County Commissioners of Bibb County, shall annually appropriate such sums of money as may be necessary in their judgment to carry on the health and sanitary work in

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said city and county during the next twelve months. The money so appropriated shall be used in carrying on the health and sanitary work in the city and county, without regard to the source from which it came. Appropriations for health work. Sec. 125. Violators of rules made penal . The Mayor and Council of the City of Macon is hereby authorized and empowered to make penal the violation of any rule and regulation prescribed by said board of health, to operate within the City of Macon; and any person, firm or corporation violating the rules or regulations so penalized shall, upon conviction in the recorder's court, be punished as prescribed in the Act creating said court and Acts amendatory thereof. Violation of rules of board of health; punishment. Sec. 126. Ellis law not affected . The provisions of what is commonly known as the Ellis health law, in so far as they prescribe rules and regulations for health and sanitary conditions, as well as the present health laws operative in the County of Bibb, shall be of force and effect in the County of Bibb; and said board of health is hereby charged with the duty of enforcing the same. Laws not affected by this Act. Sec. 127. Auditorium Commissioncreationpowers and duties . An auditorium commission of the City of Macon is hereby created, consisting of four persons elected by the mayor and council of said city and the mayor of the City of Macon as an ex-officio member thereof. 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, county, federal, or municipal, while serving as a member of said commission. 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

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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 the 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. 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 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. Auditorium commission; members; terms of office. Vacancies. Removal from office. Powers and duties. Sec. 128. Playground Commissionpower to create . The Mayor and Council of the City of Macon is hereby vested with full power and authority to create and establish, by ordinance, a commission to take charge of and manage the various playgrounds in the City of Macon, and prescribe the powers and duties of such commission, the terms of office of commissioners, and the compensation, if any, to be paid each; providing that said commission shall never have authority, to bind the City of Macon, by contract or otherwise, for any amount in excess of the

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annual appropriation (if any) made by the mayor and council to such playground commission. Playground commission. Sec. 129. Appropriations to libraries and night schools . The City of Macon is authorized and empowered to appropriate certain sums of money annually to the public libraries of the City of Macon, the amount of such appropriations not to exceed the sum of $75.00 per month for each library, except to the Washington Memorial Library; the City being authorized to appropriate a sum annually to the said Washington Memorial Library, the amount of said sum to be within the discretion of the Mayor and Council. The City of Macon is further authorized and empowered to appropriate certain sums of money annually for the purpose of organizing, opening, and teaching a night school; the amount of said appropriation shall not exceed the sum of $150.00 per month; said school shall teach the illiterate men, women, boys, and girls of the city, who may apply, and who are of good moral character and over twelve years of age, to read and write. The Mayor and Council of the city of Macon may exercise its discretion in making the appropriations provided for in this section, and shall have the power and authority to discontinue the same at any time. Libraries and night-schools, appropriations for. Sec. 130. Legal advertising medium . All legal advertisements of the City of Macon shall be advertised for the year 1927 in the Macon News, which shall be considered the legal advertising medium for said city for said year; and for the year 1928 the Macon Telegraph shall be considered the legal advertising medium of the City of Macon; and each year thereafter all legal advertising for the City of Macon shall be published alternately between the Macon News and the Macon Telegraph; provided, that in no events shall the rates charged for advertising exceed the rate allowed publishers for sheriffs' advertisements under the laws of this State; provided further, that all sales of property under execution shall be made and conducted in the same way and manner as sheriffs' sales under execution in the County of Bibb. Legal advertising.

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Sec. 131. Cemetery reserveprotection of . It shall be the duty of the Mayor and Council of the City of Macon to carry out in good faith the decree rendered in Bibb Superior Court on the 10th day of February, 1894, wherein the mayor and council was perpetually enjoined from using a certain portion of Rose Hill Cemetery for burial purposes; which said portion, under the terms of said decree, was set apart as a permanent reserve between the living and the dead; and it shall be the duty of the said mayor and council to pass all ordinances and regulations necessary for the proper enforcement of the provisions of said decree and for the protection of said reserve in conformity therewith. Cemetery reserve. Sec. 132. Those sections of the Act of the General Assembly of Georgia approved August 17, 1914, entitled 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, appearing in Georgia Laws 1914, pages 981 to 1044, inclusive, and numbered in said Act as follows: sections 27, 29, 31, 42, 48, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 65, 66, 67, 68, 72, 73, 78, 79, 80, 81, 88, 89, 90, 91, 102, 106, 112, 114, 118, 119, 120, 124, and 127, are hereby expressly repealed in their entirety. Repealed sections of Act of 1914. The Act of the General Assembly of Georgia approved August 16, 1920, captioned Macon Civil Service Commission abolishedPolice and Fire Departments, appearing in Georgia Laws 1920, pages 1142, 1159 thereof, inclusive, is hereby expressly repealed in its entirety. Repeal of Act of 1920. Sections 1, 2, 3, 4, 5, 6, 7, and 9 of the Act of the General Assembly of Georgia approved August 11, 1924, appearing in Georgia Laws 1924, pages 659, to 663, inclusive, entitled An Act to amend an Act approved the 17th day of August, 1914, creating a new charter for the City of Macon, and the Acts amendatory thereof, and for other purposes, be and the same is hereby expressly repealed in its entirety. Repealed sections of Act of 1924.

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The Act of the General Assembly of Georgia approved August 22, 1925, appearing in Georgia Laws 1925, page 1112 to 1115, inclusive, is hereby expressly repealed in its entirety. Acts of 1925 repealed. The Act of the General Assembly of Georgia approved August 25, 1925, appearing in Georgia Laws 1925, page 1169 to 1170, inclusive, is hereby repealed in its entirety. Sec. 133. All of the Acts of the General Assembly of Georgia, creating and amending the charter of the City of Macon, now of force, which are in conflict with this Act, shall be and the same are hereby repealed; and all of the provisions of the Acts of the General Assembly of Georgia creating and amending the charter of the City of Macon, now of force, that are not in conflict with the provisions of this Act, and that are not herein expressly repealed, 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 or repealed. Repeal of conflicting laws. Approved August 3, 1927. MACON CONVEYANCE OF LAND AUTHORIZED. No. 49. An Act to amend an Act of the General Assembly of Georgia, approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and the Acts amendatory thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and the Acts amendatory thereof, be and the same are hereby amended by adding thereto as a part of the charter of the City of Macon the following additional provisions:

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A. The City of Macon is hereby authorized and empowered to close, grant, bargain, sell, and convey to such persons or corporations, and upon such terms as said municipal corporation may deem best, all the following described property purchased from the City of Macon, described in a deed dated June 16, 1926, and recorded in the clerk's office of Bibb Superior Court in book 312, folio 688, on the 8th day of September, 1926, said property being more particularly described as follows: That tract of land containing 28-12-100 acres, being a part of the Macon City Reserve and being all of blocks 8, 9, 16, and 17 and parts of blocks 73 and 74, including all streets and alleys within said tract, more particularly described as follows: Beginning at a point on the north property line of Bay Street in block 74, 405-2-10 feet from the southwest corner of block 74 (which is a steel rail) at the intersection of Bay Street and Grier Street; thence running 635-1-10 feet in a southeasterly direction along said north property line of Bay Street; thence angle left 90 degrees, running 1369 feet along the west canal bank; thence angle left 90 dedegrees, 11 minutes, running 1067 feet (including that additional area situated between the final 256-4-10 feet of the aforesaid course and the curb boundary formed by the 50 feet centered off sets right, 11-8-10 feet, 20 feet, 23-4-10 feet, 23-1-10 feet, and 22 feet respectively); thence angle left 89 degrees, 49 minutes, running 326-8-10 feet; thence angle left 90 degrees, running 100 feet; thence angle right 90 degrees, running 200 feet; thence angle left 90 degrees, running 131-9-10 feet; thence angle right 90 degrees, running 600 feet; thence angle left 39 degrees, 56 minutes, running 311-5-10 feet to the point of beginning. Confirmation of sale of land in Macon City Reserve. B. All sales and conveyances of any streets, lanes, and alleys, and property within the limit and area described in section 1-A of this Act, heretofore made by the said City of Macon, are hereby sanctioned and confirmed as valid and legal conveyances, so as to fully and effectually vest the title to such portions of said streets, lanes, and alleys, and property so conveyed in the grantee in such deeds and conveyances.

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Sec. 2. All Acts or parts of Acts in conflict with this Act are hereby repealed. Approved July 19, 1927. MACON CONVEYANCE OF LAND CONFIRMED. No. 164. An Act to ratify and confirm a sale by the City of Macon to E. G. Jacobs and T. W. Hooks of certain land, as evidenced by warranty deed executed by the said City of Macon to the said E. G. Jacobs and T. W. Hooks on the first day of April, 1920; and for other purposes. Whereas, on the first day of April, 1920, the City of Macon did by warranty deed convey to E. G. Jacobs and T. W. Hooks the following described property: All that tract or parcel of land situated, lying, and being in what is commonly known as the Macon City Reserve, west of Ocmulgee River, and embracing the following lots, to wit: Lot number ninety-seven (97) containing one hundred (100) acres; Lot Number one hundred and sixteen (116) containing one hundred (100) acres; and the northern fractional parts of lots number one hundred and twenty-three (123) and one hundred and twenty-four (124) of rectangular shape, each said fractional part of said lots containing sixty-three acres, two (2) rods, twenty-six (26) rods, and one hundred and twenty-eight (128) feet, more or less, and being more fully shown in a plat of said land attached to the deed to the Macon Gas Light Water Company by H. T. Powell, dated Dec. 5, 1887, and recorded in book UU, folio 366, 765, clerk's office, Bibb Superior Court, and being a part of the same property conveyed to the City of Macon by deed dated Sept. 30, 1911, from the Macon Gas Company, formerly the Macon Gas Light Water Company, and recorded in clerk's office, Bibb Superior Court, book 171, folio 667, the conveyance of said property being made subject to the right of

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way, if any, of the Central of Georgia Railway Company in lot number 97: Confirmation of conveyance of land in Macon City Reserve. Now therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. Said sale of the property herein described, as evidenced by said warranty deed of April 1st, 1920, is hereby ratified and confirmed as of the date of said conveyance, and it is hereby declared that the said E. G. Jacobs and T. W. Hooks are vested under said conveyance with the fee-simple title to the said property as of said date. Sec. 2. Be it further enacted, that all laws or parts of laws in conflict herewith be and they are hereby repealed. Approved August 11, 1927. MANCHESTER STREET IMPROVEMENTS. No. 33. An Act to provide a system under which the City of Manchester Georgia may grade, pave and otherwise imimprove its streets and alleys, and other public places at the cost of the property thereby benefited, apportion and assess the expense thereof to railways occupying such streets and real estate abutting thereon, including public property, fix liens for such expense on the properties so improved and enforce the payment of such assessments; institute actions at law for determning questions of legal liability arising therefrom and issue and sell bonds for meeting the cost in whole or in part, which bonds are not to be an indebtedness of the City of Manchester but payable by it out of the proceeds of such assessments; 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:

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Section 1. In this Act the term municipality means the City of Manchester, Georgia. Definitions of terms used in Act. Governing body means the board of commissioners of the City of Manchester. The words improve and improvement include the grading, regrading paving, repaving, macadamizing, and remacadamizing of streets, alleys sidwalks, or other public places or ways and the construction, reconstruction and altering of curbing, guttering, storm sewers, sanitary sewers, turnouts, water-mains and water gas or sewer connections therein. The word streets includes streets, avenues, alleys, sidewalks, and other public places or ways The word pave shall include storm and sanitary drainage, paving, macadamizing, and grading. Frontage means that side or limit of the lot or parcel of land in question which abutts on the improvement. Sec. 2. That the governing body of the City of Manchester, shall be and is hereby authorized and empowered to improve any street or streets in such municipality whenever in the judgment of its governing body the public welfare or convenience may require such improvement, subject only to the conditions and limitations herein prescribed. Authority for street improvements. Sec. 3. Whenever the said governing body shall deem it necessary to improve any street or any part thereof either in length or width, within the limits of said municipality, said governing body shall by resolution declare such improvement necessary to be done and publish such resolution once a week for four weeks in a newspaper having a general circulation in said municipality, and if the owners of a majority of the lineal feet of frontage of the lands abutting on said improvement shall not within fifteen (15) days after the last day of publication of such resolution file with the clerk of said city their protest in writing

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against such improvement, then said governing body shall have power to cause said improvement to be made and to contract therefor and to make assessments and fix liens as provided for herein. Any number of streets or any part 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 separately; provided, however, that if the owners of a majority of the lineal feet of frontage of the land liable to assessment for any such improvement shall petition the governing body for such improvement, citing this Act and designating by a general description the improvement to be undertaken and the street or streets or part thereof to be improved it shall thereupon be the duty of said governing body to proceed as hereinafter provided to cause the said improvements to be made in accordance with the prayers of said petition and their own best judgment, and in such cases the resolution hereinbefore mentioned shall not be required. The petition shall be lodged with the clerk of the municipality who shall investigate the sufficiency thereof, submit the petition to the governing body and certify the result of his investigation. The determination of the governing body upon the sufficiency of the petition shall be final and conclusive. Resolution as to necessity ofimprovement; publication. Objection to improvement. Petition for improvement. Sec. 4. That each lot or parcel of land abutting upon said improvement shall be charged on the basis of lineal foot frontage at an equal rate per foot of such frontage with its just pro rata of the entire cost of said improvement less any amounts paid by street or steam railways or others; provided, however, that the cost of sidewalks, curbs and gutters shall be charged entirely to the lots or parcels of land abutting on that side of the street upon which the same are constructed. The frontage of intersecting streets shall be assessed as real estate abutting upon the improvement and the municipality for all purposes of this Act shall be deemed to be owner thereof, and the mayor or chairman of the board of commissioners shall have authority to sign the petition or file objections provided for

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herein; and the governing body of the municipality shall pay in cash from the city treasury its just pro rata of the entire cost of said improvement, unless the owners of a majority of the aforesaid frontage in the petition hereinbefore provided for shall agree to pay the entire cost of said improvement, or unless in the resolution hereinbefore provided for it shall be stated that the entire cost of the improvements is to be paid by the abutting property owners. Mode of assessment. Sec. 5. That any railroad or street railway having tracks running along a street at the time of the proposed improvement as provided herein shall be required by the governing body to pave the width of its track and two feet on each side thereof with the same materials and in the same manner as the rest of the street is to be paved, and such work shall be performed under the supervision and subject to the approval of the city's engineer, and if such railway shall not within a period of thirty days after the receipt by such railway of the notice to do such work agree in writing to comply with such order, or if the work is not completed to the satisfaction of the city's engineer within such time as may be determined by the governing body, said governing body may have such work done and charge the cost and expense thereof to such railway company, to be paid by it in cash, and the same until paid shall constitute a lien against all of the property of such railway company located in the municiplaity and the said lien shall have the same rank and priority and shall be enforced in the same manner as the liens provided for in Sec. 9. The governing body may in its discretion require such paving to be of a different material and manner of construction. Paving of railroad tracks. Lien against railroad property. Sec. 6. That whenever the petition provided for in Section Three of this Act is presented, or when the said governing body shall have determined to improve any street, and shall have passed the resolution provided for in said Section Three of this Act, the said governing body shall then have the power to enact all ordinances and to

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establish all such rules and regulations as may be necessary to require the owners of all property abutting on the improvement 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 where such improvement is to be made, and all cost and expense of making such connections shall be taxed solely against such property but shall be included and made a part of the general assessment to cover the cost of such improvement. Ordinances as to improvement. Pipe connections. Sec. 7. 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 the owners of a majority of the frontage of the land to be assessed if such petition shall be found to be in proper form and properly executed, the governing body 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 governing body to proceed with the said improvement, stating the kind of improvement and defining the extent, character and width of the same, and other such matters as may be necessary, to instruct the engineer employed by said municipality 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 governing body shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and said governing body shall be said resolution provide that the contractor shall execute to the city a good and sufficient bond as provided in an Act entitled Contractors of Public Work Bonded, approved August 19, 1916, 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 discretion of said governing body. Said

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resolution shall also direct the clerk of said municipality to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals shall be published in six consecutive issues of a daily paper or two of a weekly paper, having a general circulatin in said municipality, and shall state the street or streets to be improved, the kinds 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 the place where such sealed proposals shall be filed and when and where the same will be considered by said governing body. At the time and place specified in such notice the governing body 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 said governing body as prescribed in such resolution and notice for proposals, and the said governing body shall have the right to reject any and all bids and readvertise for other bids when the bids submitted are not in its judgment satisfactory. Resolution to proceed with improvement, etc. Conditions of contract. Bond of contractor. Advertisement for bids. Award of contract. Sec. 8. That after 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 improvement in addition to the contract price for the work and materials, is ascertained, the said governing body shall by resolution appoint a Board of Appraisers consisting of three members to appraise and apportion the cost and expense of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within 30 days from the date of the resolution appointing said board it shall file with the clerk of the municipality a written report of the appraisal and the assessment and apportionment in the manner and on the basis herein provided for such expense and cost upon the several lots and tracts of land abutting on said street or upon the property of any street or steam railway whose tracks run along such

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street where such railway has failed or refused to do the paving provided herein when and as required by the governing body. When said report shall have been returned and filed, the said governing body shall appoint a time for the holding of a session or shall designate a regular meeting of their body 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 the governing body once a week for four weeks in a newspaper having a general circulation in said municipality, 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 date of the last publication. The said governing body at said session shall have power, and it shall be its duty, 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 governing body. Board of appraisers. Report of appraisers. Objections to assessment, etc. Notice and hearing. The said governing body shall by ordinance fix the assessments in accordance with said appraisement and apportionment as to 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%) per annum over and above the rate of interest stipulated in the bonds herein provided for. Ordinance fixing assessment. Assessment in conformity to said appraisement and apportionment as confirmed by said governing body shall be payable to the treasurer of said municipality in cash, and if paid within thirty days from the date of the passage of said ordinance without interest, provided, however, that in the event the owner of the land or of any street railway so assessed shall within thirty days from the passage of the ordinance making the assessment final, file with the clerk of said municipality his or its written request

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asking that the assessment be payable in installments in accordance with the provisions hereof the same shall thereupon be and become payable in ten equal annual installments and shall bear interest at the rate of not exceeding seven per cent per annum until paid, and each installment, together with the interest on the entire amount remaining unpaid shall be payable in each year at such time and place as shall be provided by resolution of the governing body. Payment of assessment; installments. Sec. 9. That such special assessment and each installment thereof, and the interest thereon, and the expense of collection 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 line 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 and shall be enforced in the same manner as are the liens for city taxes. Lien of assessment. Sec. 10. That the said governing body after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date not more than fifteen days after the passage of the ordinance fixing the said assessment and of such denominations as the said governing body shall determine, which bond or bonds shall in no event become a liability of the municipality or of the governing body of the municipality 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 such day and at such place as may be determined by the governing body, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day 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

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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 fixed upon the lots or tracts of land benefited by said improvement under authority of this Act. Said bonds shall be signed by the mayor or chairman of the board of commissioners and attested by the clerk of the governing body and shall have the impression of the corporate seal of such municipality 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 governing body. Street improvement bonds. Said bonds shall be sold by said governing body at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred pursuant to the provisions of this Act, 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 governing body shall direct. Any proceeds from the sale of said bonds remaining in the hands of the treasurer after the payment hereinbefore provided for shall go into the treasury of the municipality as compensation for the services to be rendered by it as contemplated herein. Sale of bonds. Said bonds shall be registered by the clerk of the municipality in a book provided for that purpose and certificates of registration by said clerk shall be endorsed upon each of said bonds. Registration of bonds. Sec. 11. That the assessment provided for and levied under the provisions of this Act shall be payable as the several installments become due, together with interest thereon to the treasurer of the municipality, who shall keep an accurate account of all such collections by him

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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 incident thereto, and for no other purpose until all of said bonds are paid in full, and said treasurer shall give bond in amount to be fixed by the governing body, conditioned upon the faithful performance by him of the duties imposed herein. Collection of assessment. It shall be the duty of said treasurer not less than thirty days and not more than fifty days before the maturity of any installment of such assessments, to publish at least one time in a newspaper having a general circulation in said municipality, 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. * * See page 1371, 20th line from top. Compiler. Notice of maturity of installment. Sec. 12. That no suit shall be sustained to set aside any such assessment or to enjoin the said governing body from making or fixing or collecting the same or issuing or levying executions therefor, 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 governing body to adopt and publish the preliminary resolution provided for in Section Three of this Act in cases requiring such resolution and its publication, or to give the notice of the hearing of the return of the appraisers as herein provided for unless such suit shall be commenced within thirty (30) days after the passage of the ordinance making such assessment final, 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 governing body may at any time in the manner provided for the making of an original assessment proceed to cause a new assessment to be made and fixed which shall have like force and effect as an original assessment. Limit of time for suit to set aside or enjoin, assessment.

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Sec. 13. That whenever the abutting land owners of any street of said municipality petition the said governing body as herein set out, or said governing body pass the resolution provided for in Section Three of this Act for the improvement of any street where the county is the owner of property on said street, and the governing body of such county has assented to the proposed improvement and has provided funds to pay in cash its proportionate part of the cost of said improvement, the frontage so owned is to be counted as if owned by an individual for all the purposes of this Act and the chairman of the board of commissioners of such county is authorized to sign the aforesaid petition or file objections in behalf of the county. Assessment where county is owner of property. Sec. 14. This Act shall not be construed to repeal any special or local law or affect any proceedings under such for the making of improvements hereby authorized or for the raising of funds therefor, but shall be deemed to be additional and independent legislation for such purposes and to provide an alternative method of procedure for such purposes and to a complete act not subject to any limitation or restriction contained in any other public or private law or laws except as herein otherwise provided. Construction of Act; other legislation not repealed. Sec. 15. That where the municipality desires to pay any portion of the cost of the improvements contemplated herein, in addition to the amounts hereinbefore provided for, the balance may be assessed against the abutting property or the owners thereof, or the owners of any street or steam railway therein as hereinbefore provided for. Assessment to pay city's part of cost. Sec. 16. That any time within sixty days after the assessments are finally determined and fixed as hereinbefore provided for, it shall be lawful for the municipality to file a petition in the superior court of the county in which the said municipality is situated, wherein shall be alleged the fact of the passage and approval of the ordinance, and a copy thereof, the street or part of a street affected thereby, the character of paving or other improvement intended, and the approximate estimate of the cost, said petition

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shall allege that the ordinance is authorized by law, and that it will create a lien on all real property abutting on such street or part of a street for the payment by the owner of each lot or parcel of land so abutting of the pro rata share of expense assessed to each lot or parcel, as well as on any street or other railroad thereon, if any such there be, and shall pray for a judgment by the court declaring such ordinance valid, legal and binding and that the liens be set up as alleged. City's petition to validate assessment ordinance and set up lien; allegations. It shall not be necessary in such petition to allege the names of the owners of the abutting property of railroads to be affected, but shall be sufficient to describe the street or portion thereof to be improved, and to indicate, as hereinbefore provided, that the property on said street is to be charged with the expense. See page 1372, 24th line from top. Compiler. At or before the filing of such petition, the same shall be presented to the judge of said court, who shall thereupon pass an order calling upon all persons owning or interested in the real estate abutting on said street, or on the designated part thereof, * * See page 1371. Compiler. or in lieu thereof to mail such notice within the time limits aforesaid to the owners of record of the property affected at their last known address. And it shall be the duty of said treasurer promptly within fifteen days after the date of the maturity of any such installment or assessment or interest upon default or payment of such installment or assessment or 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 or interest and shall turn over the same to the marshal or chief of police of the municipality or his deputy, who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, 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 installments with interest, and also subject to the

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right of redemption as provided in Sections 880, 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 that the whole or any part of the amount for which said execution is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid and 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 railroads or street railways 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 the county wherein the municipality is located 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. Notice of proceeding. Execution, levy and sale. Affidavit of illegality. The failure of said treasurer or clerk to publish or mail said notice of maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest the execution issued therefor. * to show cause at a time and place to be in said order named why the prayer of the petition should not be granted and the ordinance and assessment declared valid and the liens fixed as legal and binding, which time shall be not less than ten nor more than thirty days later, and either in term time or vacation, and either in open court or at chambers. Failure to give notice of maturity of assessment. It shall thereupon be the duty of the clerk to publish once a week for four weeks in the official organ of the county a statement of the case and a copy of said order. At the time and place named, or at such other time and place as the hearing may be adjourned to, any person interested shall be heard to show cause in writing, which writing shall be filed with the clerk, why the prayer should not be granted.

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The court shall hear all questions of law or fact, and all competent evidence may be offered as in other causes, and the court shall thereupon pass an appropriate order finding and adjudging that said ordinance is lawful and valid and said liens legal, and binding, or otherwise, as the law and facts may warrant. Validation of assessment. The municipality or any person appearing, and who may be dissatisfied with said judgment, may within ten days file a bill of exceptions and carry the matter up to the Supreme Court of the Court of Appeals, as the case may be, for review as in cases of interlocutory injunction. Review by appellate court. If the final judgment of the superior court shall be in favor of the validity of the ordinance and of the liens claimed, the same shall be forever conclusive and said matters, so determined shall never be thereafter drawn in question in any court. Bonds issued under the provisions of this act after such judgment shall have written or stamped thereon the words Validated and Confirmed by judgment of the Superior Court specifying also the date when such judgment was rendered the court wherein it was rendered, which shall be signed by the clerk of said superior court, and said entry shall be original evidence of the fact of such judgment and receivable as such in any court of this State. Entry on validated bonds. Sec. 17. That all laws and parts of laws in conflict with this Act be, and the same, are hereby repealed. Approved July 19, 1927. MANSFIELD BOARD OF EDUCATION VACANCY. No. 305. An Act to provide for the election of members of the board of education in the Town of Mansfield, in the County of Newton, in cases of vacancies on said board, caused

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by death, resignation, removal or other cause, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act, whenever there shall exist a vacancy on the board of education for the Town of Mansfield, in the County of Newton, from any cause, whether by death, resignation removal from the said Town of Mansfield, removal from office for cause, or otherwise, it shall be the duty of the mayor and council, within five days after notice that such vacancy exists, to call an election for the purpose of filling said vacancy, such election to be held after ten days notice posted at two or more public places in said Town of Mansfield, and under the rules and regulations governing other elections in said town. Vacancy in board of education, how filled. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. MANSFIELD REGISTRY OF VOTERS. No. 200. An Act to amend an Act entitled An Act to establish a new charter for the Town of Mansfield, located in the County of Newton; to establish and define the corporate limits thereof: to provide for the election of officers; to prescribe their powers and duties; to confer the power and authority to issue bonds, to condemn and take private property for public purposes, and to provide for all matters of municipal concern and cognizance; and for other purposes, approved August 21, 1906, said amendment to be made by striking section 20 of said Act, the following words, first day of December, and substituting therefor the words first day of November, and by striking from said section the words first

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day of January, and substituting therefor the words first day of December, and for other pursopes. 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 General Assembly relating to the establishment of a new charter for the Town of Mansfield in the County of Newton, approved August 21, 1906, be and the same is hereby amended as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act, section 20 of the Act of the General Assembly approved August 21, 1906, be and the same is hereby amended as follows: to wit: by striking from said section the following words, first day of December, and substituting therefor the words first day of November, and by striking from said section the words first day of January, and substituting therefor the words first day of December, so that said section when amended shall read as follows: Section 20 of charter amended. Sec. 20. Be it further enacted, that the clerk of council shall open a book for registration of voters at his office on the first day of November in each year, which book shall be kept open until four o'clock p. m. of the first day of December thereafter, and then closed. Time of registration of voters. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1927. MARSHALLVILLE STREET IMPROVEMENTS. No. 275. An Act to amend the charter of the Town of Marshallville, Macon County, Georgia approved the 20th day

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of February 1854 and the subsequent amendments thereto so as to authorize and empower said Town of Marshallville through its governing authority to pave, macadamize, curb, and otherwise improve any and all of the streets, roads, lanes, or other public places or any portion thereof within the corporate limits of said town, and to assess the cost of making such improvement in whole or in part against the abutting-property owners and of its owners benefited thereby, and to provide for the apportioning and collecting by legal process of such assessment, and to create thereby therefor; to provide for the issuance of bonds to be known as street-improvement bonds to be negotiated by the town or otherwise used in making provision for the payment of the cost of such improvements. Section 1. 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 Town of Marshallville is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the Town of Marshallville 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 for street improvements. Sec. 2. That whenever the mayor and council shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley or any part thereof within the limit of the Town of Marshallville, said 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 the official organ of Macon County; and if the owners of more than fifty per cent of the lineal frontage of the land liable to the assessment to pay for such improvement of any such street or acreage shall not within ten days after the last publication of such resolution, file

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with the clerk of said council of the Town of Marshallville their protest in writing against such improvement so to be made, then the said mayor and council shall have power to cause said improvement to be made and to contract therefor and to levy assessments or liens against the abutting property on said street, lane, avenue or alley so improved. Resolution as to necessity of improvement. Sec. 3. The cost of the paving or improvement of any street, lane, alley or avenue provided for in this Act shall be paid by the property owners and the cost thereof assessed against his property as herein set out according to lineal frontage and in any paving area, street, inter-sections, shall be included in the cost thereof and the total cost of paving such street or alley shall be assessed against the property in accordance with the lineal frontage on said street. Assessment, how made. Sec. 4. The cost of the necessary grading and draining of said street, lane or alley in order to make the same ready for the paving so to be done, shall be included in and made a part of the entire cost of the paving and assessment made therefor on the same basis. Grading and draining included. Sec. 5. That whenever the resolutions above referred to shall have been passed and the same shall have been advertised, and after the expiration of the time of objection or protest on the part of the property owners has passed, if no sufficient protest be filed, the mayor and council shall adopt resolutions reciting that no such protest has been filed, and express the determination of said mayor and council to proceed with said improvement, stating the material to be used, the manner of construction, and different and kind of improvement, and any such matters as may be necessary, and shall have prepared the necessary plans, plots, profiles, specifications and estimates. Said resolutions shall set forth such necessary terms and conditions as the 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

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by said resolutions provide that the contractor shall execute to the mayor and council aforesaid a good and sufficient bond in an amount to be stated in such resolution for the full and faithful performance of the work and contract, and for the protection of the mayor and council and all property owners interested, against any loss or damage by reason of the negligence or improper execution of the work, and may if they see fit require a bond in any amount as they see fit for the maintenance of the good condition of such improvement for a period of not less than five years from the time of the completion of the contract. Said resolutions shall direct the town clerk of the council to advertise for sealed proposals in furnishing or material and performing of the work necessary in making such improvement. All details as to the notice, character of improvement, bond to be required, time and place of filing of such proposal shall be matters within the discretion and power of said mayor and council. At the time and place specified in such notice, the mayor and council shall examine all bids received without unnecessary delay and award the contract to the lowest and best bidder reserving the right to reject any and all bids and advertise for other bids whenever such bids are unsatisfactory. Resolution to proceed with improvement; contents. Conditions of contract. Bond of contractor. Advertisement for bids. Award of contract. Sec. 6. Be it further enacted that the mayor and council shall make assessments under the provisions of the act to be made, charged and apportioned against the owners of, and against lots, pieces or parcels of land fronting on said street, lane or alley so paved or otherwise improved as herein provided, according to the just proration of the entire cost of such improvement to the abutting property owners on any such street, lane or alley or portion thereof on the basis of the lineal foot frontage. Basis of assessment. Sec. 7. Be it further enacted by the authority aforesaid that said assessment shall be made payable in ten equal installments and shall bear interest at the rate of not more than six per cent. per annum, said rate of interest to be determined by the mayor and council. The first installment of said assessment shall be due and payable

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immediately upon the adoption of the ordinance or resolution providing for the improvement and the making of the assessment, and one installment with yearly interest on amounts remaining unpaid shall be payable on the 20th, day of December 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 shall be payable on the 20th, day of December in each succeeding year until all shall have been paid, provided, that any owner of property so assessed shall be allowed, if he should desire, to make full payment of such assessment against him at the time the first installment is due, or thereafter, at any time upon consent of the mayor and council, may make payment of any or all of the unpaid assessments with accrued interest thereon. Payment of assessment; installments. Sec. 8. That such special assessment and each installment thereof and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinances making 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. Said mayor and council, after the expiration of thirty days from the levying of such assessment shall provide by resolution for the issuance of bonds in the aggregate of such assessments remaining unpaid, bearing date forty-five days after the passage of the ordinance levying said assessment and in such denomination 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 Town of Marshallville. One-tenth of the amount of any such series of bonds with interest upon the whole series to date shall be payable on the 20th, day of December next succeeding the maturity of the first installment of the assessment and interest and one-tenth thereof with

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yearly interest upon the whole amount remaining unpaid shall be payable on the 20th day of December in each succeeding year until all shall have been paid, such bond shall bear interest at the rate not exceeding six per cent. from their date until maturity, payable annually and shall be deemed and designated as street improvement bonds. Said bonds shall on their face recite street or streets for improvement of which they have been issued and that they are payable solely for assessment which has been levied upon lands benefited thereby under the authority of this Act, said bonds shall be signed by the mayor and attested by the council and shall have the impression of incorporate seal of the Town of Marshallville thereon, and 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. Said bonds shall not be sold at less than par and the proceeds shall be applied to the payment of the contract price and other expenses incident thereto by the mayor and council and for no other purpose whatever. It shall be the duty of the treasurer to keep accurate account of all collections made by him on these assessments and such collections shall be kept in special fund to be used and applied solely for the payment of such bonds and interest thereon and expenses incurred thereunder and for no other purpose. Street improvement bonds. Sec. 10. It shall be the duty of the clerk of the council not less than thirty nor more than forty days before maturity of any installment of such assessment to publish in the official organ of Macon County a notice advising the owners of the property effected by such assessment of the date when, such installment and interest will be due and designate the street or streets or other public places for the improvement of which such assessment has 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 clerk promptly after the date of maturity of any such installment or assessment

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and interest and on or before the 21st, day of December of each year in case of 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 property or person owning same for the amount of such assessment with interest and shall turn the same over to the marshall of the town of Marshallville or his deputy who shall levy the same upon said real estate liable for such assessment and previous assessment for such improvement and after advertising 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 installments with interest, and also subject to the right of redemption so provided in sections 880, 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 that the whole or any part of the amount for which said execution is due, 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 shall set out in detail the reason why the affidavit claims the amount is not due and whether the affidavit received by the town clerk of Marshallville or chief of police it shall be returned to the superior court of Macon county, Georgia, there to be tried and issue determined as in all cases of illegality, subject to all pains and penalty provided for in cases of illegality for delay under the code of Georgia. The failure of the clerk to publish the notice of the maturity of an installment of said assessment and interest shall in no wise effect the validity of the assessment and interest and execution issued therefor. Notice of maturity of assessment installments. Sec. 11. No suit shall be sustained to set aside any assessment or enjoin the mayor and council for making any such assessment, of levying or collecting any such assessment, or issuing such bonds, or providing for their payment as herein authorized, or contesting the validity

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thereof, on any ground or for any reason, other than for the failure of the mayor and council to adopt and provide the preliminary resolution provided for herein in cases requiring such resolutions and its publication, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessments. Provided that any special assessment shall be found invalid in whole or in part for any reason whatever, the mayor and council may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. Time limit of suit to set aside or enjoin assessment. Sec. 12. 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, 1927. MAYSVILLE MARSHAL'S TAX SALES. No. 289. An Act to amend an Act entitled An Act to revise, consolidate and amend the several acts incorporating the Town of Maysville, in the counties of Banks of Jackson; to create a new charter and a municipal government for said town, with additional powers and authority to provide for the continuance of the present school system, embracing all matters of the establishment thereof; to provide for the erection and maintenance or water works and sewerage system and electric light and gas plant; to provide that all legal contracts heretofore entered into by the corporate authorities of the Town of Maysville shall be good and binding for or against the town of Maysville, under this charter, and that all property now held and owned by the Town of Maysville shall be and become the right and property of said town under this charter and for other purposes; by amending Section 48 of said above-captioned Act,

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Acts of 1909, page 1133, by adding to said Section 48 page 1133 the following words and subsection to wit: That the marshal of said Town of Maysville, Georgia, shall have the power and authority to levy and sell real estate under such tax executions and make good and sufficient title thereto, after having advertised said real estate in the official organ of the county in which the real estate is situated, and posting notice thereof at the door of the Council Chamber and in two or more conspicious places within the limits of said town for at least four weeks before the time and place of sale, providing that all such sales shall be held and had before the door of the Council Chamber of said town of Maysville, and be held on the first Tuesday in the month as sheriff's sales are now had and held, and that the title executed by such marshal shall have the same force and effect as deeds made by the sheriff of said State, with the right of redemption as now provided by law and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act, Section 48 of the above-entitled Act, Acts 1909 page 1133, be and the same is hereby amended as follows, to wit: By adding to said section 48 on said page 1133 the words That the marshal of the said Town of Maysville, Georgia shall have the power and authority to levy and sell real estate under such tax executions and make good and sufficient title thereto, after having advertised said real estate in the official organ of the county in which the real estate is situated, and posting notice thereof at the door of the Council Chamber and in two or more conspicious places within the limits of said town for at least four weeks before the time and place of sale, providing that all such sales shall be held and had before the door of the council chamber of said Town of Maysville, and be held on the first Tuesday in the month as sheriff's sales are now held, and that the title executed by such marshal shall have the same

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force and effect as deeds made by the sheriffs of said State, with the right of redemption as now provided by law in cases of sales under tax executions for State and County taxes. Tax sales. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 19, 1927. McCAYSVILLE CHARTER AMENDMENTS. No. 95. An Act to amend An Act to amend, consolidate and supersede the several acts incorporating the Town of McCaysville, and McCaysville, in the County of Fannin, State of Georgia; to create a new municipal corporation to be known as the City of McCaysville, approved July 26th, 1920, by repealing Section 62 of said Act, and also repealing Section 4 of an Act which is amendatory of said Act, approved August 19, 1922, and so as to provide a permanent qualification book for the qualified voters of said City of McCaysville, and to provide for the registration of such qualified voters and to provide for the appointment of a city board of registrars for said City of McCaysville, and to define their duties and powers, and to authorize the mayor and, councilmen of the said City of McCaysville to order and have held elections by the qualified voters of the said City of McCaysville to determine whether or not bonds shall be issued by said City of McCaysville in sums the aggregate amount of which shall not exceed ten thousand 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 said City of McCaysville and for the operation and maintenance of the same; to provide for the acquisition of property, both real and personal, inside and outside

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of the incorporate limits of said City of McCaysville, that may be necessary for said purpose by purchase, condemnation or otherwise; to authorize the issue of said bonds and the assessing, levying and collection of a tax on all property, both real and personal, in said City of McCaysville, for the purpose of paying interest on said bonds, as well as the principal thereof; and also to repeal Sections 76, 77 and 78 of said Act, approved July 26th, 1920, creating the said municipal corporation to be known as the City of McCaysville, in the County of Fannin, State of Georgia, and to authorize the said mayor and councilmen of the said City of McCaysville to order and have held elections by the qualified voters of the said City of McCaysville to determine whether or not bonds shall be issued by said City of McCaysville in sums the aggregate amount of which shall not exceed ten thousand dollars, to be sold to pay for the construction of an addition to the present public school building of the said City of McCaysville and to supply the same with furniture, apparatus, appliances and conveniences; 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 City of McCaysville, for the purpose of paying interest on said bonds, as well as the principal thereof; and also to authorize and empower the said City of McCaysville to issue bonds from time to time and for such purposes as the law permits and for such amounts 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. Section 1. 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 62 of an Act to amend, consolidate and supersede the several acts incorporating the Town of McCaysville, and McCaysville, in the County of Fannin, State of Georgia, and to create a new municipal corporation to be known as the City of McCaysville in the County

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of Fannin, State of Georgia, (Acts of the General Assembly 1920, page 1236) approved July 26th, 1920, be and the same is hereby repealed. Section 62 of Act of 1920 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that Section 4 of an Act which is amendatory of said Act creating the new municipal corporation to be known as the City of McCaysville, approved July 26, 1920, and which said amendatory Act was approved August 19, 1922 (Acts of the General Assembly 1922, page 909), be and the same is hereby repealed. Section 4 of Act of 1922 repealed. Sec. 3. 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 McCaysville 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 McCaysville. 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 McCaysville, 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 the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authorities of the City of McCaysville, and who upon day of the election, if then a resident, will have resided in said City of McCaysville 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 entitled to do so, and shall in every case before registering

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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 McCaysville 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 of age; that you have paid all taxes due the City of McCaysville and all taxes required by the laws of the State of Georgia, except taxes for this year, and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said permanent qualification book and to require the applicant for registration to swear to said oath and sign his name thereto or by some one authorized to do so for him; 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 of voters. Oath of voters registering. Sec. 4. 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 McCaysville for any purpose, no 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

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or intermediate elections are held in said City of Maysville for any purpose. Time of registration. Sec. 5. 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 McCaysville to appoint three competent persons, who shall be qualified voters of said City of McCaysville, who shall constitute the board of city registrars for said City of McCaysville. Before entering upon his duties, each of aid 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 McCaysville. Said oath shall be filed with the city clerk. On the twenty-first day 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 McCaysville, and at their first meeting they shall elect a chairman of said board, and the city clerk of the City of McCaysville 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 be the duty of said clerk at the same time to furnish to said board of registrars a complete list of all persons who are registered upon said perpermanent qualification book who are tax defaulters or who have not paid all taxes of every character legally imposed and demanded by the authorities of the City of McCaysville. It shall be the duty of said city registrars to inspect and examine said 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 McCaysville, it shall be the duty of said registrars to serve notice upon such person

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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 McCaysville, 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 challenged 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 persons' 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 as legally qualified voters of said City of McCaysville. 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 the city clerk a list of the names of such voters whose names are upon the permanent qualification book, and said city clerk shall, on the morning

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of any general or special election, before the polls are opened, delivered 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 McCaysville 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 the 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 qaulified 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. Sec. 6. 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 passage of this Act the Mayor and Councilmen of the City of McCaysville, in the County of Fannin, State of Georgia, shall have full power and authority to construct, purchase, lease, contract for, equip, operate and maintain a system of waterworks and sewerage for the benefit and use of the said city, 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 city. The action of the mayor and councilmen in declaring the necessity, propriety or expediency of acquiring any such lands, easements and franchises for

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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. Waterworks and sewerage. Sec. 7. Be it further enacted by the authority aforesaid that in the event of the said Mayor and Councilmen of the City of McCaysville cannot procure, by purchases or gifts, the necessary lands, easements and franchises for the construction, equipping, operation and maintenance of the said system of waterworks and sewerage, then the mayor and councilmen of the said city shall have the right to exercise the power of eminent domain, and to condemn such lands, easement and franchises, either within or without the incorporate limits of the said city, in the manner and form as provided in the Code of 1910 of the State of Georgia, Volume 4, Chapter 9, and amendments thereto. Condemnation of land for waterworks and sewerage. Sec. 8. Be it further enacted by the authority aforesaid, that the said system 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 City of McCaysville shall deem for the best interests of said city and its citizens; and said mayor and councilmen of said city shall have full power and authority to make any and all rules, regulations and ordinances relative to said waterworks and sewerage system and the use of the same by the citizens of said city as they may deem right and proper. Location of waterworks, etc. Power to make rules, etc. Sec. 9. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen of the City of McCaysville are hereby authorized and empowered, for the purpose of constructing, purchasing, leasing, contracting for, equipping, operating and maintaining said system of waterworks and sewerage for the said City of McCaysville, to issue and sell bonds for said City of McCaysville, not exceeding in amount the aggregate sum of ten thousand ($10,000.00) Dollars, in such denominations as may be fixed by the mayor and councilmen of said city, and to

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become due and payable at such time or times not longer than thirty 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 signature of the Mayor and Clerk of the Council of the City of McCaysville, and have affixed thereto the corporate seal of the said city. Bonds for waterworks, etc. Sec. 10. Be it further enacted by the authority aforesaid, that before the issuing of said bonds, the question of issuing the same shall be submitted to the voters of the City of McCaysville on a day to be designated by the Mayor and Councilmen of the City of McCaysville, 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 Fannin are published 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 waterworks and sewerage bonds, and should the result of said election be in favor of the issuance of bonds under the provisions of the Act approved August 20, 1918, to amend Paragraph 1, Section 7, Article 7, of the constitution of the State of Georgia, (Acts 1918, P. 99) authorizing the issuance of bonds by municipalities) the Mayor and Councilmen of the City of McCaysville shall so declare, and issue said bonds. Election as to bonds for waterworks and sewerage. Sec. 11. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen of the City of McCaysville shall use the proceeds of said bonds for the purposes of constructing, purchasing, leasing, contracting for, equipping, operating and maintaining said systems of waterworks and sewerage for said City of McCaysville, and for no other purposes. Use of proceeds of bonds. Sec. 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same,

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that from and after the passage of this Act, the Mayor and Councilmen of the said City of McCaysville are hereby authorized and empowered for the purpose of erecting an addition to the present public school building of the said City of McCaysville, and to supply the same with furniture, apparatus, appliances and conveniences; to issue and sell bonds for said City of McCaysville not exceeding in amount the sum of ten thousand ($10,000.00) dollars in denominations as may be fixed by the mayor and councilmen of the said city, and to become due and payable at such time or times not longer than thirty (30) years from the date of the issuance thereof, as the said mayor and councilmen may determine, and 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 of the City of McCaysville, and have affixed thereto the corporate seal of the said City of McCaysville. Addition to school building. Bond issue for addition to school building. Sec. 13. Be it further enacted by the authority aforesaid, that before issuing said bonds, the question of issuing the same shall be submitted to the voters of the City of McCaysville on a day to be designated by the Mayor and Councilmen of the City of McCaysville, 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 Fannin are published thirty (30) days before the election. All persons voting in said election shall have written or printed on their ballots the words For school bonds or the words Against school 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 20, 1918, to amend paragraph 1, section 7, article 7, of the Constitution of the State of Georgia (Acts 1918, p. 99; authorizing the issuance of bonds by municipalities), the Mayor and Councilmen of the City of McCaysville shall so declare and issue the said bonds. Election as to bond issue.

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Sec. 14. Be it further enacted by the authority aforesaid, that the proceeds of said bonds, if authorized issued and sold shall be delivered to the board of education of the city of McCaysville, to be acquired by said city Board of Education for the purpose of erecting an addition to the present school building of the said City of McCaysville and to supply the same with furniture, apparatus appliances and conveniences, and for no other purpose shall said proceeds be used. Use of proceeds of bonds. Sec. 15. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that the amount of bonds authorized to be issued by said City of McCaysville by this act shall be in addition to and supplemental to the amount of bonds heretofore authorized to be issued by said City of McCaysville for the same purposes, the said City of McCaysville being hereby empowered to increase its bonded indebtedness by the amount or amounts of the bonds hereby authorized to be issued; and the said City of McCaysville be and it is hereby further authorized and empowered to issue bonds for the same or any other legitimate purpose or purposes from time to time hereafter, and in such amounts and in such denominations, and at such rate of interest and with such maturity as may be fixed by the governing authorities of said City of McCaysville, in the manner and to the extent as may be provided by the constitution and laws of the State of Georgia. Amount of increase of bonded debt. Sec. 16. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, that if said election shall be in favor of bonds to pay for said systems of waterworks and sewerage for said City of McCaysville, or said bonds to pay for the erecting of, and addition to the present public school building of the said City of McCaysville, and to supply the same with furniture, apparatus, appliances, and conveniences, or any other bonds that may be authorized by said City of McCaysville, or shall be in favor of either of said bonds, and the same shall be issued, the Mayor and Councilmen

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of said City of McCaysville are hereby authorized and empowered and required to assess levy and collect such taxes annually, upon all taxable property, real and personal, within the corporate limits of said City of McCaysville, as will be necessary to carry out the provisions of this section and the payment of the principal and interest of said bonds and which taxes shall be separately assessed, levied and collected for the specific purposes herein designated, and shall not be used for any other purpose, whatsoever. Tax to pay bonds. Sec. 17. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That should the results of any of the elections held under this Act be against bonds in respect to waterworks and sewerage, or in respect to the erecting of an addition to the present public school building of the City of McCaysville, and to supply the same with furniture, apparatus, appliances and conveniences, or elections for any other purpose provided under this Act, be against bonds, then the said Mayor and Councilmen of the said City of McCaysville 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 six months after the holding of an election. Other elections as to bond issue. Sec. 18. 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 city, 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 city. The superintendents of said elections 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 City of McCaysville for the record of their proceedings. Rules governing elections. Election returns.

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Sec. 19. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1927. McRAE LAND PURCHASE AND SALE. No. 160. An Act to amend an Act of the General Assembly of Georgia 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, as contained in the Acts of the General Assembly of Georgia of 1918, pages 745, et. seq., so as to provide for the purchase and sale by the City of McRae of real estate and personal property, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Acts of the General Assembly of Georgia creating a new charter for the City of McRae, contained in the Acts of 1918, pages 745, et seq., 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 and to the powers and privileges of said city of McRae the following, to wit: Act of 1918 amended. Sec. 2. That said city of McRae shall be and is authorized to purchase, own, and hold, for any municipal purpose, within the judgment and discretion of the mayor and council, any land and personal property that said mayor and council may determine to be necessary or of use and benefit in connection with or for any municipal purpose, including the right to purchase and hold additional

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land to that necessary for any municipal improvement, where in the discretion of the mayor and council, a saving can be made to said city by purchasing such land rather than condemning the actual land necessary. Purchase of land by city. Sec. 3. Be it further enacted that said city, through the mayor and council, shall be and is authorized to sell and dispose of any land or personal property that may now be held or owned by said city for any purpose whatsoever, or that may hereafter be acquired by said city for any purpose whatsoever, and such sale may be, on a majority vote of the council, and without advertising or other notice, or after, should the mayor and council so order by resolution, the advertisement of such property one time a week for four weeks and on sheriff's sale day. Authority to sell land. Sec. 4. In the event of a sale of any land that may be owned or acquired by said city, conveyance of the title thereof shall be made in the name of said city, subscribed thereto by the mayor and attested by the clerk under the seal of said city, unless the council by resolution shall direct and authorize the execution of such conveyance by some other officer or agent of said city. Conveyance by city. Sec. 5. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 11, 1927. McRAE PUBLIC UTILITIES PROCEEDS. No. 163. An Act to amend an Act of the General Assembly of Georgia entitled An Act to amend by substitution of 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 provide for the disposition of the proceeds of the sale or sales of any of the

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public utilities of said City of McRae 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 amend by substitution of 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, contained in the Acts of 1918, pages 745, et. seq., be, and the same is hereby amended as follows to wit: Act of 1918 amended. Sec. 2. That in the event said City of McRae should sell its light and power plant, its water system, its ice and cold storage plants, either or all of said plants, that the proceeds of such sale shall be held by the mayor and council and applied and disposed of only as follows to wit: Proceeds of sale of water system and ice and cold storage plants, how applied. Sec. 3. That the proceeds of such sale shall be first applied to the payment of the indebtedness of said City of McRae. Should said City of McRae be unable to acquire any bonds not yet mature, so as to retire them, that a sufficient amount of the proceeds of such sale, if it equals or exceeds such bonded indebtedness, shall be paid over to the bond commission to be invested by them in other bonds or securities, as provided by law, to be held intact for the purpose of paying off said bonded indebtedness as such bonds may be acquired or may mature, and so much of the proceeds of said sale as may be necessary for that purpose shall be so applied for the retirement of said indebtedness, and shall be used for no other purposes. Sec. 4. Be it further enacted that should the proceeds of the sale of said plants exceed the indebtedness of said city, then said mayor and council shall be and are authorized and directed to invest said excess in such securities as in their discretion may be safe, bearing reasonable interest, and may use the interest in defraying the expenses of the municipal government; but the mayor and council shall not be authorized to loan said funds, or any part

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thereof, to private individuals. That no part of the principal of said funds shall be applied or extended by the mayor and council for any purpose unless authorized so to do as hereinafter provided. Investment of surplus. Sec. 5. Be it further enacted that any part or all of the excess over the indebtedness of said city, of any funds realized from the sale of any of said plants, may be applied by the mayor and council to any municipal purpose that may be authorized by a vote of the qualified voters of the city of McRae, at an election called for that purpose. Should the mayor and council decide it advisable to apply said funds to any municipal purpose, they may of their own initiative call an election for authority so to do. On a petition by one-fourth of the qualified voters of said City of McRae, the mayor shall call an election to submit to the voters of said city the question whether or not said funds shall be applied to any purpose requested in said petition. Said mayor and council, of their own initiative, may order an election at any time, and on a petition as hereinbefore provided must order said election within ten days from the time such petition is filed. In the order calling said election the mayor and council shall set the time and place for the same to be held, not less than twenty days, and advertise the same twice in a newspaper published in said city. Such election shall be held as general elections of said city are held, and returns thereof made to and the results declared by the mayor and council. In such election should a majority of those voting vote in favor of applying said funds to the purpose for which the election was called, the mayor and council shall thereupon be authorized so to apply said funds. Election as to use of proceeds of bond sale. Sec. 6. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 11, 1927.

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MIDWAY CHARTER AMENDMENTS. No. 298. An Act to amend an Act approved August 3, 1925, incorporating the Town of Midway in Liberty County, Georgia, by increasing the number of commissioners from three to five, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 2, of the Act approved August 3, 1925, incorporating the Town of Midway, in the County of Liberty, State of Georgia, be and the same is hereby amended, by strking the word three in the fourth line of said section 2, and inserting the word five in lieu thereof, so that said section when so amended shall read as follows: Section 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 five persons, who shall be freeholders and registered voters of the State of Georgia, and who shall be elected in the manner hereinafter described. Increase of commissioners to five. Sec. 2. Be it further enacted by the authority aforesaid, that Section 4 of said Act incorporating the Town of Midway as aforesaid be amended by striking the word one in the second line of said section and inserting the word two in lieu thereof, and, further, by inserting the word each after the word and in the fourth line of said section, so that said section, when so amended, shall read as follows: Section 4. Be it further enacted by authority of the same, That two of said commissioners for the Town of Midway shall be appointed by the Governor of the State of Georgia, and each 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. Two commissioners to be appointed by Governor; term of office. See Section 7. Sec. 3. Be it further enacted by authority of the same, that Section 5 of said Act incorporating the Town of Midway

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as aforesaid be amended by striking the word one in the second line of said section and inserting the word two in lieu thereof, and further, by striking the figures 1926 in the fifth line of said section, and inserting the figures 1928 in lieu thereof so that said section, when so amended, shall read as follows: Section 5. Be it further enacted by authority of the same, That two 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, 1928, 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 such commissioners, so selected shall hold office for a term of four years, and thereafter until his successor shall be regularly elected. Election of two commissioners; term of office. Sec. 4. Be it further enacted by authority of the same, that Section 12 of said Act incorporating the Town of Midway be amended by inserting the words who may or may not be a commissioner of said Town of Midway after Midway in the seventh line of said section so that said section when so amended, shall read as follows: Section 12. Be it further enacted by authority of the same, that said commissioners in 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, who may or may not be a commissioner 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. Commissioner may hold other municipal office.

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Sec. 5. Be it further enacted by authority of the same, that Section 20 of said Act incorporating the Town of Midway be amended by adding the following words to said Section: The sheriff of Liberty County and his deputies and all lawful constables of the militia district in which said Town of Midway is situated shall have concurrent and equal authority to execute all such processes and make such arrests. so that said section, when so amended shall read as follows: Section 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 a warrant when committed in their presence; to convey prisoners to and from the county jail of Liberty County when required by proper authority to do so; 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. The sheriff of Liberty County and his deputies and all lawful constables of the militia district in which said Town of Midway is situated shall have concurrent and equal authority to execute all such processes and make such arrests. Concurrent authority of sheriff, etc., to execute process and make arrests. Sec. 6. Be it further enacted by authority of the same, that Section 21 of said Act incorporating the Town of Midway be amended by inserting the words or to pay for real property which may be purchased or condemned for the purpose of laying off streets, lanes, parks, or other municipal purposes, or erecting necessary buildings for the use of said Town of Midway, so that said section when so amended, shall read as follows: Section 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, or to pay

Page 1403

for real property which may be purchased or condemned for the purposes of laying off streets, lanes, parks, or other municipal purposes, or erecting necessary buildings for the use of said Town of Midway, 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. 7. Be it further enacted by authority of the same, That Section 23 of said Act incorporating the Town of Midway be amended by inserting the words and one other to be appointed by the Governor of the State of Georgia, after the words Newton J. Norman in the ninth line of said section, and by inserting the name J. F. Browning after the name Abiel F. Winn in the tenth line of said section, and by striking the words successor in the ninth line and in the eleventh line of said section, and inserting the words successors are in lieu thereof, and further, by striking the figures 1926 in the last line of said section and inserting the figures 1928 in lieu thereof, so that said section, when so amended, shall read as follows: Section 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 which the Town of Midway is situated; Newton J. Norman, and one other to be appointed by the Governor of the State of Georgia, whose successors are to be appointed by the Governor of Georgia; and Abiel F. Winn and J. F. Browning, whose successors are to be elected at an election for commissioners of the Town of Midway to be held on the second Wednesday in March, 1928. Appointment of commissioner by Governor. Sec. 8. Be it further enacted by authority of the same, that all laws and parts of laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 19, 1927.

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MILLEN STREET IMPROVEMENTS. No. 286. An Act to authorize and empower the Mayor and Council of the City of Millen 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 require street and steam railroads in said streets and other public places to improve and pave the same within their tracks and two feet on either side thereof; 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, 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 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 the Mayor and Council of the City of Millen 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 Millen 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 change grade of street, etc. Sec. 2. Be it further enacted by the authority aforesaid that any street or steam railroad now having or which may hereafter have tracks running through the streets, avenues, lanes, or alleys of said city or other public places, shall be required by said mayor and council to pave, macadamize and drain the width of its track and two feet on

Page 1405

each side of every line of track now constructed or that may hereafter be constructed by such railroad 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 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 Millen 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. Paving railroad tracks. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said mayor and council shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenues, alley, lane or any part thereof, within the limits of the City of Millen, said mayor and 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 Millen; 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, 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

Page 1406

mayor and council 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 desired, the width of the 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 improvement to be made in accordance with the prayer of said petition, and in such cases the resolution hereinbefore mentioned shall not be required. Resolution as to necessity of street improvement. Petition for improvement. Duty to make improvement. Sec. 4. Be it further enacted by the authority aforesaid, that the lots, pieces or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just prorata 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. City's part of cost of improvement. Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in section three of this Act is presented, or when the said 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 three 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 requrie the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be

Page 1407

put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas or sewer-pipe in and underneath the 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 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. Ordinances providing for improvement. Pipe connections. 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 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, 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

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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 engineer 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 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 mayor and council. Said notice shall be published in two (2) consecutive issues of a weekly newspaper of general circulation in the City of Millen. 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 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 re-advertise for other bids when any such bids are not in its judgment satisfactory. Resolution specifying material, etc. Terms of contract; bond of contractor. Advertisement for bids. Sec. 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 mayor and council shall by resolution appoint a board of appraisers, consisting of the city engineer of said city, clerk of the city council and the chairman of the board of tax assessors to appraise and apportion

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the cost and expenses of the same to the several tracts of land abutting on said improvements as hereinbefore provided. 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 said street, alley, lane or 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 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 of council in at least one (1) issue of a weekly newspaper of general circulation in the City of Millen, and said notice shall provide for an inspection of such return by any property owner or other party interested in 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 said 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 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 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

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exceed one per cent (1%) over and above the rate of interest stipulated in the bonds herein provided for. Board of appraisers. Hearing of objections. Assessments. Sec. 8. Be it further enacted by the authority aforesaid, that the first installment of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on September first of the following year. Said ordinance shall also provide that the owner 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 treasurer of the City of Millen and relieve their property from the lien of said assessment; which money so paid to the said treasurer shall be disbursed pro rata between the contractor and the city in proportion to the respective interests. Payment of installments of assessment. Sec. 9. Be it further enacted by the authority aforesaid, 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 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. 10. Be it further enacted by the authority aforesaid, that the said mayor and council, after the expiration

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of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen 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 Mayor and Council of the City of Millen issuing same. One-tenth in amount of any 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 romaining 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, per annum from their date until maturity payable annually, and shall be designated as street improvement bonds, and shall on the fact thereof recite the street or streets, part of street or streets or other public places for the improvement of which they have been issued and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of this act. Said bonds shall be signed by the mayor and attested by the clerk of council and shall have the impression of the corporate seal of such city thereon and shall have interest coupons attached and all bonds issued by the 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. Street improvement bonds. 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

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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. Sale of bonds. 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 of bonds. Sec. 11. Be it further enacted by the authority aforesaid, that the assessment provided for and levied under the provisions of this act shall be payable by the person owning the said lots or tracts of and as the several installments become due, together with the interest thereon, to the ttrasurer of the city of Millen, who shall give proper receipts for such payments. It shall be the duty of the treasurer to keep an accuarte 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 interest thereon and expenses incurred thereto, and for no other purpose. Collection of assessments. It shall be the duty of said treasurer or clerk of council, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to publish in one issue of a weekly newspaper published in the city of Millen 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, proceedings 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 caes of a default of payment of such installment

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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 Millen, 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 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 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 and the foregoing and following provisions shall apply to the street or steam railroad against whom execution shall be issued for the cost and expense of paving shall set out in detail the reasons why the affidavit claims the amount is not due, and when received by the city marshal or chief of police, shall be returned to the city court of Millen, Jenkins 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. Notice of maturity of installment of assessment. Execution for assessment; levy and sale. Affidavit of illegality. The failure of the said treasurer or clerk to publish said notice of maturity of any installment of said assessment and interest shall in nowise affect the validity of the assessment and interest and the execution issued therefor. 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 Mayor and Council from

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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 section three 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 commenced within sixty (60) days after the passage of the ordinance making such final assessment, provided that in the event a 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 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 or enjoin assessment. Sec. 13. Be it further enacted by the authority aforesaid, 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 provisions of this Act, such payment 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 said city the pavement is worn out and no longer serviceable. Repaving. Sec. 14. Be it further enacted by the authority aforesaid, 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 three of this

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Act, for the pavement of any such street, avenue, alley or lane, or other public place, 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 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 county commissioners of Jenkins county is authorized to sign in behalf of the county; and where the City of Millen is the owner the Mayor of Millen is authorized to sign in behalf of the city. Assessment where State or county is owner of property. Sec. 15. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in nowise annul and void the present law under the present charter of the City of Millen in reference to paving within the City of Millen, but the same shall be in addition to present laws governing paving within said city. This Act is cumulative of existing law. 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 19, 1927. MOULTRIE SANITARY LIMITS EXTENDED. No. 216. An Act to amend the charter of the City of Moultrie and Acts amendatory thereof, to extend the jurisdiction of said city one mile in every direction from its present limits, for the purpose of eradicating mosquitoes, providing santitation, and for the protection of public health; and for other purposes. Section 1. Be it enatced by the General Assembly of Georgia, and it is hereby enacted by the authority of the

Page 1416

same, that the charter of the City of Moultrie and the Acts amendatory thereof are hereby amended by adding thereto the following, to wit: The mayor and board of aldermen of the City of Moultrie shall have jurisdiction over all property within one mile, in every direction, from the present limits of said city, for the purpose of eradicating mosquitoes, providing proper sanitation, and the protection of public health, and said governing authority shall have power and authority to drain all streams or pools within said area which breed mosquitoes, to abate nuisances within said area injurious to the health of its citizens, to appropriate money for the purpose of eradicating mosquitoes throughout said area, providing proper sanitation and protecting the health of its citizen, and to pass reasonable ordinances to carry out the provisions of this Act. The officers and agents of said city shall have the right of ingress and egress over the property in said area for the purpose of sanitary inspection, and of doing any and all things said city or its authorities may be empowered to do by the terms of this Act. Sanitary limits. Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 15, 1927. MOULTRIE SCHOOL COMMISSIONERS. No. 279. An Act to amend an Act approved August 9, 1912, amending the Act of the General Assembly of Georgia establishing a public school system for the City of Moultrie, so as to provide the time, mode, and manner of election of the school commissioners for said city; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 9, 1912, entitled An

Page 1417

Act to amend the Act of the General Assembly of Georgia, to establish a public-school system for the City of Moultrie, etc., be amended by striking the second paragraph of section 4 of section 1 of said Act, beginning, that an election shall be held, etc., and inserting in lieu thereof the following paragraph, to wit: Act of 1912 amended. On the first Monday in October, 1927, and biennially thereafter, there shall be held an election, under the same rules and regulations as govern the election of aldermen in said city, at which election a commissioner from the city at large and one commissioner from each ward shall be elected, such commissioners to succeed the commissioners whose term expired the first Monday in April, 1927, who shall serve for a term of two years from the first Tuesday in November, and until their successors are elected and qualified. On the first Monday in October, 1928, and biennially thereafter, there shall likewise be held an election for one commissioner from each ward; such commissioners to succeed the commissioners whose terms expire the first Monday in April, 1928, who shall serve for a term of two years from the first Tuesday in November, and until their successors are elected and qualified; that the qualified voters residing in said city shall be entitled to vote for the commissioners from each ward and for the commissioner for the city at large. Be it further enacted that said board of commissioners shall have perpetual succession, power and authority to acquire and hold property, both real and personal, in trust for the benefit of said public schools, with the right to sue and be sued. If a vacancy occurs in the membership of said board, the same shall be filled by an appointment by a majority of the remaining members of said board, the appointee to hold office until the first Tuesday in November following such appointment. His successor shall be elected in the manner herein before prescribed, on the first Monday in October, such election to be for the unexpired term of the person originally elected. No person shall be eligible to the office of school commissioner for said city, who is under twenty-one

Page 1418

years of age, who has not been a continuous resident of said city for at least one year prior to his election, who holds any other elective or appointive office under the government of said city, or who is engaged either as an individual or as a member of any firm or corporation in the sale of school-books to the patrons and their children of said school. The said commissioners shall have power and authority to employ and discharge at liberty a principal and such assistant teachers as they may deem necessary, fix their salaries, and regulate the time and manner of paying them; fix the rates of tuition; select a series of text-books; make rules for the government of said schools; and generally to do and perform all acts and things necessary for carrying out the provisions of this Act; provided that said commissioners shall not elect as principal or teacher in said schools any person who is related to any member of said board of commissioners in the third degree of affinity or consanguinity, or who is engaged directly or indirectly in the sale of school-books. Be it further enacted that the commissioner at large in said city shall be chairman of said board. School commissioners; election, term of office. Powers of commissioners. Vacancy. Qualifications. Teachers; salaries, rates of tuition, text-books, rules. Chairman of board. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. MOUNTAIN PARK INCORPORATED. No. 10. An Act to incorporate the City of Mountain Park in the County of Milton, State of Georgia, to provide for a mayor and council and manner of election, and their powers and duties; to define the corporate limits; to provide for public improvements; to provide for the assessment and collection of taxes for all purposes; and for all other purposes incidental to the government of said City.

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Section 1. Be it enacted by the Gneeral Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act, land lots 1222, 1223, 1224, 1225, 1226, and 1227 of the second section and second district of originally Cherokee, now Milton County, Georgia, be and the same is hereby incorporated under the name and style of the City of Mountain Park. The corporate powers of said City shall be vested in a mayor and councilmen by the name of the Mayor and council of Mountain Park, and they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. City incorporated; territory included; corporate powers. Sec. 2. Be it further enacted, that the corporate powers and municipal government of said city shall vest in and consist of a mayor and four * * Compare Section 3. Complier. councilmen, who are hereby constituted a body corporate and political under the name and style of the Mayor and Council of the City of Mountain Park, and by that name shall have all rights and liabilities of similar bodies corporated in this State; and that said municipal government shall have perpetual succession, and have power to make, ordain, and establish from time to time such by-laws, ordinances, resolutions, rules, and regulations as shall appear to them necessary and proper for good government, security, and interest of said city and inhabitants thereof, and for the preserving of the health, morals, peace, and good order of the same, not in conflict with the Constitution and laws of this State or of the United States; and shall have power and authority in and by said corporate name to borrow money for town improvement and repairs, and to contract and be contracted with, to sue and be sued, plead and to be impleaded in any of the courts of this State; and to have and use a common seal; to hold all property, real and personal, in the said city to the use of said city for the purposes and interests for which the same are or may be granted, acquired, or dedicated; to acquire by gift or purchase, or otherwise, and to retain to them and their successors for the use of said City of Mountain Park any other real or personal property

Page 1420

within or without the territorial limits and jurisdiction of the said city as may by them be deemed necessary to property for the corporate purposes, and to use, manage, improve, sell, convey, rent, or lease any or all of said property as may be deemed advisable for corporate interest. Mayor and council; powers. Sec. 3. Be it further enacted by the authority aforesaid, that the corporate powers and the municipal government of said city shall vest in and consist of a mayor and five councilmen, and that on the 2nd Saturday in August, 1927, and then on the 2nd Saturday in August in each and every year thereafter, an election shall be held at the city hall in said city, or at such other place in said city as the mayor and council shall direct or designate, for mayor and five councilmen, who shall hold their offices for one year from the 1st day of January or until their successors are elected and qualified; and should there fail from any cause to be an election held in said city at the time specified in this section, the mayor shall order an election held in said city for mayor and councilmen, within thirty days after the said first Saturday, and shall give public notice of the same at least ten days before the date of said election by posting notices in three public places in said city. At the first meeting of the mayor and council after their election, or as soon thereafter as practicable, one of said council shall be by mayor and council chosen mayor pro tem. Election of mayor and councilmen; terms of office. Mayor pro tem. Sec. 4. Be it further enacted by the authority aforesaid, that any three citizens of said city may superintend the election for mayor and councilmen; and each of said managers before entering upon his duties shall take an oath before some officer duly qualified to administer an oath, or before the mayor of said town, and in the absence of such officer or mayor, then before his co-manager, that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power; and said managers shall cause to be kept two lists of voters and two tally-sheets of said election. Said superintendents or managers shall give their certificates

Page 1421

of election to the persons elected, which shall be conclusive evidence of that fact, and the persons having the highest number of votes shall be entitled to such certificates. Election managers. Certificate of election. Sec. 5. Be it further enacted by the authority aforesaid, that the polls of each election for mayor and council, or for other elections held in said city shall be opened at eight o'clock a. m. and close at three o'clock p. m. Election hours. Sec. 6. Be it further enacted by the authority aforesaid, that after the votes in any election in said city shall have been counted by the managers, said managers shall certify two lists of voters and two tally-sheets, and shall place one of the lists of voters and one of the tally-sheets with all the ballots in one ballot-box, and shall seal said box and deposit the same with the clerk of the mayor and city council. The other list of voters and tally-sheet shall be kept by the managers, filed with the clerk. Lists of voters; tally-sheets. Sec. 7. The mayor and council and all city employees shall receive such salaries as may be voted by the council and approved by the Mayor. Provided, however, that any salaries voted for which there are at the time of their appropriation no monies in the city treasury shall not be valid, shall not bind the city, and shall be valid obligations only against the councilmen voting for said appropriation and the mayor who approves it. Salaries. Sec. 8. Be it further enacted by the authority aforesaid, that the mayor shall be the chief executive of the city of Mountain Park. He shall see that all laws, ordinances, resolutions and rules of the city are faithfully executed and enforced, and that all officers shall faithfully perform all of the duties required of them. He shall have a general jurisdiction of the affairs of the city. He shall preside at all meetings of the mayor and city council of the said City of Mountain Park. He shall have the right to vote in the elections of officers, and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship, or otherwise. Mayor's powers and duties.

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Sec. 9. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Mountain Park shall have full power and authority to appoint or elect a clerk, treasurer, marshals, or other officers as they may deem necessary or proper, and shall have power to regulate the time, mode, and manner of electing or appointing such officers and agents, to fix their fees and salaries, to take their bonds, prescribe their oaths and duties, and may at their discretion suspend, remove, and discharge them at any time with or without cause. The term of office of such said subordinate officers shall be one year from the date of their appointment, and until their successors are elected or appointed and qualified. Officers; term of office. Sec. 10. Be it further enacted by the authority aforesaid, that the mayor, or, in his absence or disqualification, the mayor pro tem, or, in his absence or disqualification, any member of council, shall as often as may be necessary hold a police court, to be known as the mayor's court, for trial of all offenders against the laws and ordinances of the City of Mountain Park. Said Mayor's court shall have power and authority, upon conviction, to sentence such offenders to pay a fine not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, or be put at labor upon the streets or other public works in the said city for a period not to exceed thirty days. Either or all of said penalties may be imposed, in the discretion of the court. Said court shall have power to preserve order and compel the attendance of witnesses, to punish for contempt, said punishment not to exceed the punishment hereinbefore provided for offenders against the laws and ordinances. Mayor's court; powers. Punishment. Sec. 11. Be it further enacted by the authority aforesaid, that any person who may be convicted before the mayor's court may, by giving notice of his intention, suspend a judgment and be released from custody at once upon giving bond with good security in the sum as may be fixed by the mayor for his appearance to stand to and abide by the final judgment; provided, that all certioraries

Page 1423

from said court must be sued out within ten days from date of judgment complained of. Provided further, that no such [Illegible Text] shall issue until all costs shall have been paid, or an [Illegible Text] shall have been made by the defendant showing his inability to pay costs. Certiorari. Sec. 12. Be it further enacted by the authority aforesaid, that the mayor and council, or a majority of them, shall have full power and authority to impose, assess, levy, and collect such taxes not to exceed ten dollars per thousand upon all real and personal property, and on all notes, claims, evidences of debts, and other choses in action held, possessed, kept, or owned within the corporate limits of said city, as they may deem necessary for the support of the government of said city, or for other purposes in their judgment beneficial to the citizens thereof geernally; and they may enforce the collection of such taxes, and also fines imposed by them, in such manner as they by law or ordinances may prescribe. Taxes. Sec. 13. Be it further enacted, that the Mayor and Council of the City of Mountain Park shall have full power and authority to tax, license, regulate and control all taverns, hotels, restaurants, boarding-houses, livery-stables, hacks, drays, and other vehicles, auctioneers, vending masters, shows, circuses, and exhibitions of all kinds, itinerant lightning-rod dealers, peddlers or itinerant vendres of articles, wares and merchandise of whatsoever nature, every keeper of a billiard, pool, or other table kept for public use, every shooting-gallery, every ten-pin alley, or any game or play, loan agents and agents for any other business or calling whatever, upon every junk-shop, pawn-broker, and upon all other persons, firms, or corporations following or carrying on any profession, trade, business, calling, or vocation in said city not hereinbefore mentioned, and which are under the laws and constitution of the State of Georgia subject to tax or license. The said mayor and city council shall have the power to pass such bylaws or ordinances as they see proper to regulate the same, prescribe the manner of collecting special tax. And said

Page 1424

mayor and council shall have the full power and authority to impose and inflict such penalties and forfeitures upon any one exercising the privileges or functions of any of the hereinbefore mentioned businesses, trades, or callings within the limits of said city without having first paid the tax or procured the license as may be prescribed by ordinances in pursuance of this section. Licenses. Sec. 14. Be it further enacted, that the mayor and council shall have full power to require every male resident of said city not under twenty-one years of age and over fifty years of age to work not exceeding fifteen days annually on the roads, streets, and alleys of said city, under the direction of such superintendent as may be appointed by the mayor and city council. Any person subject to service may be released therefrom by paying to the treasurer or marshal or tax-collector of said city a sum not exceeding five dollars annually; and if the work done and money so paid is not sufficient to put and keep the roads, streets, and alleys of said city in good repair, the mayor and council may use for that purpose any fund in the treasury of said city not otherwise appropriated, or they may levy a tax on all subjects of taxation within the limits of said city for that purpose. Street work; commutation tax. Sec. 15. Be it further enacted, that the Mayor and City council of Mountain Park shall have full power and authority to prescribe and regulate, by ordinances or resolution, the time and manner for making returns for tax, and impose penalties in the way of increase or double tax for failure to return property for taxation as prescribed in such regulations. It shall be the duty of said mayor and council to carefully examine each return of property made by every taxpayer; and if in their judgment they shall find the property embraced in said return, or any part of it, returned below its true value, they shall, after giving the taxpayer five days' written notice of such fact, and the time and place of hearing, proceed to hear evidence as to the value of such property, if any evidence is offered, and shall assess the true value thereof, and enter the same

Page 1425

on the return. Said assessment, when so made, shall be final. Tax returns. Assessment of property. Sec. 16. Be it further enacted, that the Mayor and City council of Mountain Park shall have power and authority to enforce by execution the collection of any amount due or to become due for taxes, license fees, assessments of every kind, or fines and forfeitures, for paving sidewalks and for any and all other debts and demands of whatever nature due the city, such executions to be issued by the clerk of the Mayor and Council of the City of Mountain Park against the person, corporation, or firm by whom any such debt may be due or become due, which execution may be levied by the marshal on the property of the owner against whom such execution shall issue, and the same sold as provided by the Code of Georgia of 1895, for municipal sales for taxes. Collection of taxes, etc. Execution for taxes. Sec. 17. Be it further enacted, that it shall be the duty of the marshal to levy all executions in favor of the city; and after advertising for thirty days, he shall sell the property levied upon, before the door of the city hall in the City of Mountain Park, on the first Saturday in the month. He shall sell to the highest bidder and shall execute titles to the purchaser, and shall have the same power as sheriffs of this State have to put the purchaser in possession. Levy and sale. Sec. 18. Be it further enacted by the authority aforesaid, that all persons qualified to vote for members of the General Assembly of the State of Georgia, and who shall have paid all taxes legally demanded, and shall have owned land situated within the limits of said city for sixty days preceding the day of election, shall be qualified to vote for mayor and council and at all other elections in said city. Sec. 19. Be it further enacted by the authority aforesaid, that T. W. Garrett be and he is hereby designated as mayor of said City of Mountain Park, to serve from the passage of this Act until January 1st, 1928, and that C. G. Warren, R. S. Elrod, John Hackett, F. R. Wood,

Page 1426

and E. F. Browning be and are designated as the five councilmen to serve in the said City of Mountain Park from the passage of this Act until January 1st, 1928. Five councilmen named. Approved July 13, 1927. NASHVILLE ELECTIONS AND VOTERS. No. 112. An Act to amend an Act incorporating the City of Nashville, Berrien County Georgia, so as to change the time of electing a mayor and council; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, that section one (1) of an Act approved August the 16th, 1915, as contained on pages 749, 750, and 751, Georgia Laws, 1915, be and the same is hereby stricken, and the following sections enacted in lieu thereof. Substitute for Section 1 of Act of 1915. Sec. 2. Be it further enacted, that there shall be held on the second Tuesday in November, 1927, and annually thereafter, an election for a mayor and three aldermen, said mayor to hold office for one year, and until his successor is elected and qualified. The three aldermen to be elected at the first election under this Act shall be succeeding the aldermen whose terms expire with the year 1927, and said aldermen shall hold office for a term of two years, and until their successors are elected and qualified. Nothing in this section or Act shall be construed to affect the terms of office of the three aldermen who were elected in 1926 to serve the years of 1927 and 1928, but their successors shall be elected on the second Tuesday of November 1928, and three aldermen and a mayor shall continue to be elected on the second Tuesday in November each year thereafter, said mayor holding his office for a term of one year as prescribed above, and said aldermen holding

Page 1427

their office for a term of two year as prescribed above in this Act. Election of mayor and aldermen. Sec. 3. Be it further enacted, that all candidates for mayor and alderman shall register with the city clerk in a book kept by him for that purpose, at least five days before the election day. All candidates for mayor shall pay $5.00 as a qualifying fee, and candidates for aldermen shall pay a fee of $2.50 as a qualifying fee, said fees to be paid over to the city clerk and treasurer for the purpose of defraying the expenses of said election, and said qualifying fees shall be kept in a separate fund by said clerk and treasurer and to be used only toward and in payment of the expenses of said city election. No person shall be qualified and eligible to hold the office of mayor or alderman in the City of Nashville, Georgia, who do not comply with the provisions of this section. Registration of voters. Fees of candidates Sec. 4. All persons who shall have been bona fide residents of said city for six months before the day of said election, who, before registering as hereafter required, have paid all taxes of every description legally imposed and demanded by authority of the city, who shall have been duly registered as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such elections shall be conducted under the management of a justice of the peace, and two freeholders who are electors of said city and not candidates in said election; or, in the absence of a justice of the peace, any three freeholders, electors of said city, not candidates in said election, may manage the same. Said managers shall conduct elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at eight o'clock a. m. and closed at four o'clock p. m. The mayor and council may appoint any three freeholders, or any two freeholders and a justice of the peace, who are electors of said city, to conduct said election. The managers shall each, before proceeding with the election, take and subscribe the following oath, said oath to be administered

Page 1428

by the city clerk of Nashville: All and each of you do swear that you will faithfully superintend this day's election; that you are qualified, by being freeholders or justices of the peace, to hold the same; that you will make a just and true return thereof, and not knowingly permit any one to vote unless you believe they are justly entitled to do so, according to the charter of said city, nor knowingly prohibit any one from voting who is so entitled; and you will not knowingly divulge for whom any vote was cast, unless called upon to do so under law; so help you God. Said oath shall be administered by any person authorized to administer oaths, in the absence of the city clerk and treasurer. Said managers shall make their returns of said elections to the city clerk and treasurer as early as practicable after the polls close, said returns shall be certified by the managers as correct. Qualifications of voters. Managers of election. Hours of election. Oath of managers. Election returns. Sec. 5. Be it further enacted, that the mayor and aldermen shall be sworn in by the city clerk and treasurer on the second Tuesday night of December following the election. Time of swearing in mayor, etc. Sec. 6. Be it further enacted, that all persons eligible to vote for members of the General Assembly of the State of Georgia, and who have resided within the corporate limits of the City of Nashville, six months prior to said elections, shall be eligible to vote in said elections. The mayor and council of said city may, in their discretion, require the clerk of the City of Nashville to keep a registration list of the qualified voters of the said city, or may have the use of the county registration list of the County of Berrien for their use in determining whether voters are qualified or not in said city elections. Eligibility of voter. Registration of voters. 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, 1927.

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NEWBORN STREET CLOSING. No. 150. An Act to amend an Act approved August 16, 1913, entitled An Act to create a new charter for the Town of Newborn, to revise, consolidate, and amend the several Acts pertaining thereto, and for other purposes, as amended; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 16, 1913, entitled An Act to create a new charter for the Town of Newborn, to revise, consolidate and amend the several Acts pertaining thereto, and for other purposes, as amended, be and the same is hereby amended by adding thereto the following: The Town of Newborn through its Mayor and Council is hereby authorized and empowered: Act of 1913 amended. (1) To close to public travel and abandon that portion of Academy Street in the Town of Newborn which is 14 feet, more or less, in width, measured from north to south, by 60 feet, more or less, in length, measured from east to west, and lies south of, parallel to, and 8 feet distant at right angles from the center of the main track of the Central of Georgia Railway Company, and extends entirely across Academy Street, from the east to the west line thereof; and Authority to close street. (2) To convey the portion of Academy Street which is hereinbefore described to Central of Georgia Railway Company, its successors or assigns, in fee simple, for such considerations and upon such conditions as may be agreed upon between said mayor and council and said Central of Georgia Railway Company. Authority to convey to Central of Ga. Ry. Co. 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, 1927.

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NEWNAN MAYOR'S COURT. No. 111. 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 8th, 1893, by striking all of section 13 of the said Act approved December 8, 1893, and adding in lieu thereof the following to wit: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act an Act to create a new charter in the City of Newnan in the County of Coweta, approved December 8, 1893, be amended by striking therefrom all of section 13 of said Act approved December 8, 1893, and adding in lieu thereof the following to wit: Substitute for Section 13 of Act of 1893. Sec. 13. Be it further enacted, that there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held in the council chamber of said city as often as necessary, and the said court shall be presided over by the mayor of said city, and, in his absence or disqualification, the mayor pro tem., or, in the absence or disqualifiation of both the mayor and mayor pro tem., any aldermen of said city; provided, however, that the said mayor and aldermen of said city shall have the right, at any time in their discretion, to create the office of city recorder, elect a recorder in and for the said city, and fix the recorder's salary; and from and after the creation of said office of city recorder and the election of a recorder in and for said city, the said recorder shall preside over the said mayor's court, and the said court shall not thereafter be presided over by the mayor, mayor pro tem, or any aldermen of the city of Newnan, except in the absence or disqualification of the said recorder. The said mayor and aldermen shall have the right to elect any citizen of said city eligible to hold the office of alderman, or elect the mayor or any alderman of said city, to the office of recorder: Provided further,

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that the said mayor and aldermen of the said City of Newnan shall have the right to abolish the said office of recorder; and in the event said office of said recorder is established and thereafter abolished, then and in that event the said mayor's court shall be presided over by the said mayor, and, in his absence or disqualification, by the mayor pro tem., and, in the absence or disqualification of both the mayor and mayor pro tem., by any alderman of said city, to prescribe the jurisdiction and the powers of said court, and for other purposes. Mayor's court. Recorded. Sec. 2. 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 3, 1927. NEWNAN STREET IMPROVEMENTS. No. 110. An Act to amend an Act of the General Assembly of Georgia, entitled an Act to create a new charter of the City of Newnan, in the County of Coweta, approved December 8, 1893, and to amend particularly an Act of the said General Assembly approved August 15, 1910, amending said Act approved December 8, 1893, and to amend any Act amendatory to either of said above-described Acts, so as to authorize and empower the City of Newnan by its mayor and aldermen to establish and change the grades of any street, avenue, alley, lane, sidewalk, or any portion or part of either in the City of Newnan, and to improve the same by paving, macadamizing, and draining the same; to provide the procedure of such grading, improving, and paving, and for making collection of assessments for the same, and for establishing a loan therefor; to provide for the payment of such grading improvement and paving entirely by the abutting and adjacent property owners on the basis of ten per

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cent. yearly for ten years; to provide for the issuance of bonds by the City of Newnan by its mayor and aldermen, 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, an Act of the General Assembly of Georgia to create a new charter in the City of Newnan in the County of Coweta, approved December 8, 1893, and an Act of the said General Assembly approved August 15, 1910, amending said Act approved December 8, 1893, and any Act amendatory to either of said above-described Acts be and the same are hereby amended as follows: Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the said City of Newnan, by its mayor and aldermen, 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 Newnan, 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 for street improvements. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said City of Newnan, by its mayor and aldermen, 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 Newnan, said City of Newnan by its Mayor and Aldermen shall by resolution or ordinance declare such work or improvement necessary to be done, and such resolutions or ordinance shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Newnan; and if the owners of

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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 Newnan their protest in writing against such improvement, then said City of Newnan by its mayor and aldermen shall have the power to cause such improvements to be made and to contract thereof 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 improved may be included in one resolution or ordinance; but any protest 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 Newnan or its mayor and aldermen for such improvement desired, the width of the same, and material 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 Newnan, by its mayor and aldermen, 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. Resolution as to necessity of improvement. Power to improve. Petition for improvement. Duty to cause improvement made. 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

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charged with the cost thereof, and each property-owner to pay his pro rata portion of the entire cost on his particular street or continuous street [Illegible Text] 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 Newnan by its mayor and aldermen may, in its discretion, in the foregoing resolution or ordinance provide that the frontage of intersecting [Illegible Text], 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 Newnan shall be, for all intents and purposes of this Act, an owner or legal representative of real estate abutting on any street, lane, ally, or avenue or project, and shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, avenue, or other project, and shall pay from the city treasury a just pro rata of the entire cost of said work or improvement for the said frontage. Such payment to be made out of the general fund of the City of Newnan, accruing from taxes collected during the current year. Apportionment of cost. 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 Newnan, by its mayor and aldermen, shall have determined to have improved any street, avenue, lane, 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 Newnan, by its mayor and aldermen, 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 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 aldermen, and the total cost of such water or sewer-pipe and

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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 aldermen have 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. Authority as to ordinances, etc. Pipe connections. 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 the 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 Newnan, by its mayor and aldermen 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, by its mayor and aldermen, 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 plans, plats, profiles, specifications, and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Newnan, by its mayor and aldermen, shall deem proper to impose with reference to letting the contract and provisions therefor, and the said mayor and aldermen shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in any amount to be stated in such resolution, conditioned for the full and faithful performance of the contract, and for the protection of the city and all property-owners interested, against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in any amount

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to be stated in such resolution, for the maintenance in 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 aldermen of said city. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the material and performing the work necessary in making such improvement. The notice for 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 place where such sealed proposals shall be filed, and when and where the same will be considered by the City of Newnan by its mayor and aldermen. Said notice shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Newnan. At the time and place specified in such notice the City of Newnan, by its mayor and aldermen, 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 said City of Newnan as prescribed in such resolution and notice for proposals; and the said city by its mayor and aldermen shall have the right to reject any and all bids and readvertise for other bids when any such are not in its judgment satisfactory. Resolution as to material and character of improvement, terms of contract, etc. Bond of contractor. Advertisement for bids. Award of contract. Sec. 7. Be it further enacted by the authority aforesaid, that as soon as the 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 Newnan by its mayor and aldermen 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 expenses of the same

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to the several tracts of land abutting on such improvements. 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 aldermen 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 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 return by any property-owner or other person interested in such return. The time fixed for such hearing shall not be less than five days nor more than ten days from the last publication. The mayor and aldermen 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 the mayor and aldermen. Assessments in conformity to said appraisement and apportionment as confirmed by said mayor and aldermen shall be payable in ten equal installments, and shall bear interest at the rate of not more than 7 per cent. per annum until paid, payable in each year at such time as the several installments of the assessmenst are made payable each year. The said mayor and aldermen 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 Coweta County, duly certified as correct by the clerk of the council; and when so recorded, the charges assessed against the various

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parcels of land shall become a first lien thereon, superior to all other liens except those to the State of Georgia, the County of Coweta, and the City of Newnan. Board of appraisers. Notice [Illegible Text] hearing to property owners. Installments of assessment. Record of appraisement, etc. Lien of assessment. Sec. 8. Be it further enacted by the authority aforesaid, that the first installments of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of November next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of November in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of October in each year, the first installment of such assessment and interest shall be due and payable on November the first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the city clerk of the City of Newnan, 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. Payment of assessment. 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 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. Lien of assessment. Sec. 10. Be it further enacted by the authority aforesaid, that the said City of Newnan by its mayor and aldermen,

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after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such 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 Newnan, by its mayor and aldermen, shall determine, which bond or bonds shall in no event become a liability of the City of Newnan, or its mayor and aldermen 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 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 first 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 lands benefited by said improvements under authority of this Act. Said bonds shall be signed by the City of Newnan 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 aldermen. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said mayor and aldermen, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the

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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 aldermen 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. Street-improvement bonds. Safe of bonds. Registration of bonds. Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the city clerk of the City of Newman, who shall give proper receipt for such payment. It shall be the duty of the city clerk to keep accurate accounts 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 interest thereon, 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 maturity of any installment or such assessments, to publish in a newspaper having a general circulation in said city, once a week for two consecutive weeks, a notice addressed generally to the property-owners on the streets, avenues, alleys, or highways whereon said improvements were made, advising the owners of the property affected by the assessments of the date when such installments and interest will be due, and designating the street or streets or other public places for the improvements of which assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest. And it shall be the duty of said city clerk, promptly at the date of the maturity of any such installment or assessment and interest, and on or before the first day of November of each year, and 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

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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 Newnan, 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 assessment 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 he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and when received by the city marshal shall be returned to the Superior Court of Coweta 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 the Superior Court of Coweta County to give preference to the trial of these cases over all other cases pending in said court. The failure of the city clerk to publish said notice of the maturity of any installment of said assessment and interest shall in no wise effect the validity of the assessment and interest and the execution issued therefor. Collection of assessment. Notice of maturity of installment. Execution; levy and 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 Newnan or its mayor and aldermen from making any such assessment, issuing such bonds, or providing for the payment as herein authorized, or contesting the validity thereof on any grounds or for any reason other than the failure of the City of Newnan, by its mayor and aldermen, to adopt

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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 aldermen 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 or enjoin assessment, limit of time for. Sec. 13. Be it further enacted by the authority aforesaid, that in all cases where the City of Newnan, by its Mayor and Aldermen, shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, alley, avenue, lane, or other public place, which had been paved or improved prior to the passage of this law, such pavement or improvement is here authorized, in the discretion of the mayor and aldermen of said City of Newnan, to be done under and in pursuance of the provision of this Act, and in such cases all provisions of this Act for making such improvement and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of said mayor and aldermen 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 Newnan, but it is intended for this Act to be cumulative as to all such improvements in said city. Provided, however, that nothing herein contained shall be construed as requiring the said mayor and aldermen, where it is determined to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public places paved or improved prior to the passage of this law, to make such pavement or improvement under the terms of this Act. Repaving, etc.

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Sec. 14. Be it further enacted by the authority aforesaid, that the publication of all notices in a daily or weekly newspaper called for in this Act shall be the number of days therein specified, exclusive of Sundays and legal holidays. Sunday excluded from days for notice. 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 Newnan as herein set out, or the mayor and aldermen 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 purposes of assessment; and where the State is the owner of the property, the Governor is authorized to sign any petition provided for in this Act, for and in behalf of the State; and where the county is the owner, the chairman of the board of roads and revenues of Coweta County is authorized to sign in behalf of the county; and where the City of Newnan is the owner, the mayor of Newnan is authorized to sign in behalf of the city. Assessment where State or county is property owner. 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 Newnan, but it is intended that this Act is 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 aldermen in the charter of the City of Newnan, 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 Newnan, by its mayor and aldermen, is authorized to exercise the right and privileges and authority granted and contained and set forth

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in the charter of the City of Newnan and amendments thereto. This Act cumulative of previous laws. 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 3, 1927. NICHOLLS SCHOOLHOUSE BONDS. No. 258. An Act to amend An Act approved August 16, 1920, entitled An Act to provide and establish a new charter for the Town of Nicholls in Coffee County; to change its corporate name to the City of Nicholls; to define and describe its corporate limits; to provide a government for said city, and to confer certain rights, powers, and privileges on the same; and for other purposes, so as to provide for the issuance of bonds for school purposes, in the discretion of the governing authority of said city, not to exceed fifteen thousand ($15,000.00) dollars, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this act, the act approved August 16th, 1920, creating, providing, and establishing a new charter for the Town of Nicholls, and the acts amendatory thereof, be and the same are amended as follows: Section 1. The Mayor and Council of the City of Nicholls are hereby authorized to submit to the qualified voters of said city, at any time hereafter, when in their discretion it may be needful or necessary, under the provisions of section 440 et seq. of the Code of Georgia of 1910, the question of issuing bonds in a sum not to exceed fifteen thousand ($15,000.00) dollars, for the purpose of buying, building, erecting, and equipping school buildings and property in and for said city. Bond issue for school buildings, etc.

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Sec. 2. Notice of the election provided for in the section preceding shall be published in the official gazette of said city or in the newspaper in which the sheriff's advertisements for Coffee County are published, or in any newspaper having a general circulation in said city, once a week for four weeks next preceding the date of said election. All persons voting on said election shall have written or printed on their ballots, for school bonds, or the words against school bonds; and should the result of said election be in favor of the issuance of said bonds, the mayor and council of said city shall so declare, and said bonds shall be issued as hereinafter provided. Notice of election. Ballots. Sec. 3. Should the qualified voters of said city assent to the issuance of said bonds, then and in that event the mayor and council are hereby authorized to issue and sell the bonds of said city so authorized, not to exceed fifteen thousand ($15,000.00) dollars, in such denominations of not less than one hundred ($100.00) dollars, nor more than one thousand ($1,000.00) dollars, as to them may seem proper. Said bonds to be issued maturing thirty years from the date of issue, and to bear interest at a rate not exceeding six per cent per annum. The principal and interest on said bonds shall be payable in gold coin of the United States, or its equivalent, the interest to be payable annually, and the principal to be paid at maturity of said bonds. Bond issue; limit. Sec. 4. The Mayor and Council of the City of Nicholls shall be and they are hereby authorized, empowered, and directed to assess, levy, and collect a tax on all property, both real and personal, corporate and franchise, within the corporate limits of said city, in such sum or sums as may be right, proper, and necessary for the specific purpose of paying the interest on said bonds when the same shall become due, and also to create a sinking-fund sufficient to redeem and pay off said bonds at the maturity thereof; and the tax thus assessed, levied, and collected shall be kept separate and distinct from all other taxes and moneys from said town, and shall be used exclusively for the payment

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of 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. Said fund, however, may be used 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 said Mayor and Council. Taxes. Sinking fund. Sec. 5. The Mayor and Council of the City of Nicholls shall use the proceeds of said bonds exclusively for the purpose of buying, building, erecting, equipping school buildings and property within the City of Nicholls. Sec. 6. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. OCHLOCKNEE REGISTRATION OF VOTERS. No. 144. An Act to amend an Act approved August 22, 1907, creating a new charter for the Town of Ochlocknee; to provide for the registration of voters, the keeping of a permanent registration book, and appointment of board of registrars for the Town of Ochlocknee; and for 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 above-described Act approved August 22, 1907, appearing on pages 854 to 861, inclusive, of the published Acts of Georgia, 1907, creating a new charter for the Town of Ochlocknee, is hereby amended as follows: Act of 1907 amended. Sec. 2. That it shall be the duty of the treasurer of the Town of Ochlocknee, immediately after the passage of this Act, to open a book to be known as the permanent registration book of the voters of the said town, and all voters of the said town shall sign said book upon taking the following oath, which the treasurer is hereby authorized

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to administer, to wit: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States; that you have resided in the corporate limits of the Town of Ochlocknee for the past six months, and have paid all taxes legally required of you, including street tax and any license tax, and have considered this town your home for that length of time; that you have paid all State and county tax required of you since the adoption of the Constitution of 1877, except for this year; that you have never been convicted of felony or larceny; so help you God. Voters so registered will be qualified to vote in all municipal elections in said town, and no one shall be entitled to vote who is not so registered. Permanent registration. Oath of voter. Sec. 3. The treasurer shall keep said permanent registration book open daily (Sundays and legal holidays excepted) during such reasonable hours that may be prescribed by the mayor and councilmen, to enable the voters of said town to register therein, and no person registering therein shall be required to again register as a qualified voter of said town, so long as he remains a resident of the town and does not disqualify himself by non-payment of taxes or otherwise. It being the prupose of this Act to provide a permanent system of registration for all municipal elections for said town. Permanent registration book. Sec. 4. Whenever a general, special, or primary election is to be held in said Town of Ochlocknee, it shall be the duty of the city treasurer to close the registration book five days before said election, and turn the same over to the mayor, who shall with the advice and consent of councilmen of said town appoint a board of three registrars whose duty it shall be to make from said book a list of voters for said election; and in making said list the registrars shall exclude the names of all persons on the permanent registration book who registered less than five days before said election, as well as those who have died, removed without the town limits, or have failed to pay all taxes and license required of them by the authorities of the Town of Ochlocknee, or have disqualified themselves in any way

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as legal voters. The list of voters so made up by the board of registrars shall be certified to by them as a true and correct list of those entitled to vote in said election, and shall be furnished to the managers of election; and no person whose name does not appear on said list shall be allowed to vote in said election, unless he produces a certificate signed by the registrars that his name was omitted therefrom by accident. It shall be the duty of said board of registrars to diligently and thoroughly examine the permanent registration book for the purpose of ascertaining if any persons have registered illegally, and to this end may summons all persons as to whose right to register they entertain any doubt, either from examination of the tax books of the town, State or county, criminal record, or from any other source that may show why their names shall be stricken from the registration book and list; said summons shall be served by any policeman of said town. Should said examination show to the satisfaction of said board of registrars that the person summoned is not entitled to register under existing laws, his name shall be stricken from said book and list; and should he fail to appear before the registrars they shall proceed as though he were present. List of voters. Sec. 5. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1927. OCILLA CHARTER AMENDMENTS. No. 24. An Act to amend an Act of the General Assembly of Georgia, approved December 18, 1902, entitled An Act to incorporate the City of Ocilla, Irwin County, Georgia, and for other purposes, and the acts amendatory thereto, and for other purposes, so as to authorize and empower said City of Ocilla, Georgia, through its governing

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authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, public places, or highways, or any portions thereof, within the corporate limits of said city, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor, to provide for the issuing of bonds known as street-improvement bonds, to be negotiated by the city, or otherwise used in making provisions for the payment of the cost of such [Illegible Text]; 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 os Ocilla'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 Ocilla 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; to provide for a permanent registration for the voters of the City of Ocilla, Irwin County, Georgia, and to change the time of holding elections for the election of municipal officers in the City of Ocilla; to provide for a change in the time of holding elections for the election of members of the board of education of the City of Ocilla, Georgia, by amending section one of the Act approved August 16, 1920, amending an Act of August 8, 1913, establishing a public-school system in the City of Ocilla, Irwin County, Georgia, and 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 the Act of the General Assembly of the State of Georgia, approved December 18, 1902, incorporating

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the City of Ocilla, Georgia, and the Acts amendatory thereof, be and the same is hereby amended by adding thereto the following provisions, to wit: Act of 1902 amended. The aforesaid City of Ocilla, Irwin 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 the owners thereof benefited; and by suitable ordinance of the aforesaid authorities to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; and to provide for the issuance of bonds to be known as street-improvement bonds, which may be negotiated, sold, or otherwise hypothecated by said city, or used otherwise in making provisions for the payment of the cost of such improvements; and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the city's share of the expense of such improvement, in conformity with the provisions of this Act. Authority for street improvement. Bond issue. Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, footways, 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 costs of intersections on any street or streets to be paved, the mayor and council of said city shall by written resolution appoint a board of appraisers consisting

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of five persons who shall be freeholders of said City of Ocilla, and shall possess the same qualifications as are required by the charter and ordinances of said City of Ocilla for the office of mayor; and when said board is appointed they shall do and perform all the duties provided for in this Act. In the event any member of said board of appraisers is disqualified by reason of interest, relationship, or other cause, the mayor and council of said city is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid board. The said board of appraisers, within ten days from the date of the resolution appointing 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, or other public place so improved, with the clerk of council of said city, in the manner and on the basis herein provided. When such report shall have been returned and filed, the 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 said appraisement, apportionment, and assessment as to any such tracts or lots of land abutting on said improvement; and notice of the said session for the said hearing shall be published by the clerk of council, once a week for two consecutive weeks, in a newspaper of general circulation in the City of Ocilla, and said notice shall provide for an inspection of such report by any property-owner or other party interested in such report. The time fixed for said hearing shall not be less than seven days nor more than fifteen days from the last publication. The said mayor and council at said session shall have the 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 the eaid board or as corrected by said mayor and council. Board of appraisers. Report of appraisers. Hearing of objections. Sec. 3. Be it enacted by the authority aforesaid, that the said mayor and council shall by written resolution levy

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an assessment against the lots or parcels of land abutting on said improvement, in accordance with said appraisement, apportionment, and assessment, as confirmed by the said mayor and council, and such assessments shall be due and payable fifteen days after the date of the ordinance levying said assessments, without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual instalments, one of said instalments being payable on the first day of December next succeeding the day of the levy of such assessment, or at such other date or dates as the mayor and council may in their discretion fix, and one annual instalment, together with annual or semi-annual interest as fixed by said mayor and council, upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Ocilla his promissory notes in a form approved by said mayor and council for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof, but shall be secured by said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens shall be enforced for the payment thereof. Any property-owner, by electing to pay said assessment in ten equal annual instalments, shall be conclusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever stopped from contesting the same on any ground whatsoever. Assessments. Payment of assessment. Sec. 4. 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 mayor and council from

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making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity thereof on any ground or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided, that in the event any special assessment shall be found to be invalid or insufficient, either 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 of the 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 or enjoin assessment. Reassessment. Sec. 5. Be it further enacted by the authority aforesaid, that such special assessment and each instalment 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 Ocilla may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount remaining unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution. Said bonds to be of such denomination as said mayor and council may determine, which bonds shall in no event become a debt or liability of said City of Ocilla by reason of its issuing the same for the purposes herein specified. One tenth of the amount of such series of bonds with the interest upon the whole amount of such series shall become due and payable on the first day of January next succeeding date of the issuance thereof, and one tenth of the amount of such issue of bonds

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together with the interest, annual or semi-annual, upon the whole amount thereof remaining unpaid shall be payable on the first day of January in each succeeding year until all of said instalments 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, parcelf, 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 Ocilla and attested by the clerk thereof, and shall have thereon the impression of the corporate 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, whether 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 of 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 Ocilla and the proceeds applied to improvements; said bonds shall be registered by the clerk of the City of Ocilla 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. Street-improvement bonds. Sec. 7. Be it enacted by the authority aforesaid, that the assessments provided for and levied under the provisions

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of this Act shall be payable by the person owning said ltos, 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 Ocilla, who shall issue proper receipts therefor. The aforesaid officer of the City of Ocilla 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 Ocilla 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 assessment. 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 Ocilla 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 vitrue 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 instalments 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 Irwin County, Georgia, and to contest the legality of such assessment, which affidavit of illegality shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally; and if any part of said execution is admitted to be due, the affiant shall pay the same to the levying officer before such levying officer shall be required to receive and return said affidavit of illegality

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to the Superior Court of Irwin 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 pauperis, as provided in claim cases. Execution for assessment; 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 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, macadamized, 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 chargeable to and borne by the City of Ocilla, Georgia, which may be paid by the levy and collection of an ad valorem tax or by the issuance of bonds other than the street-improvement bonds authorized by this Act to be issued, or by any funds which may be allotted to Irwin County for the use and benefit of the public streets in the City of Ocilla by the State or Federal Government, or by the State and Federal Government,

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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 Ocilla and the laws of this State. The mayor and council of the City of Ocilla, 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 hereinafter provided for. Sidewalks, etc. Mode of assessment for other street improvements. Sec. 10. Be it further enacted by the authority aforesaid, that when the right of way of any railroad company crosses any street, highway, or other thoroughfare within the corporate limits of said city, such company shall be deemed for the purposes of this Act as the owner of property on both sides of the street, highway, or thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks. Any and all property owned by Irwin 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

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by an action at common law against the county, or by such other legal method as is allowed by law for the collection of demands against said county. Assessment where railroad company or the county is owner of property. Sec. 11. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Ocilla is authorized to enact such ordinance and adopt such resolution or resolutions as may be necessary to carry out the powers herein conferred, as well as to make all necessary provisions for the apportionment, assessment, and collection 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 semiannual payments. Authority for ordinances, etc. Sec. 12. Be it further enacted by the authority aforesaid, that the City of Ocilla is authorized and empowered to make all the improvements provided for in this Act independent of or in connection with the authorities of Irwin 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. Co-operation with county authorities and State Highway Department. Sec. 13. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Ocilla shall have full and complete control 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 Ocilla. Whenever the said mayor and city Council of the City of Ocilla 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

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of damage, the said mayor and city council of Ocilla shall choose one appraiser, and the owner or the land to be taken or damaged 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 on 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 Irwin 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 Irwin 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 Ocilla, may, by paying to the property-owner all expenses actually incurred by him, withdraw the proceeding and decline to take the property, or to make the change in such street, alley, sidewalk, or square. Opening streets, etc. Appraisement of damage. Award of appraisers, appeal. Sec. 14. Be it further enacted by the authority aforesaid, that when any property of Irwin County abuts upon any sidewalk in said city, the City of Ocilla shall have the power and authority to pave, curb, remove, or repair the same and assess the whole cost of the same against the county, according to frontage; and when such property abuts upon any street, alley, or way that is graded, paved, or otherwise improved by the said City of Ocilla, said city shall have power and authority to assess against said Irwin

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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 Irwin County in some court of competent jurisdiction. Repaving. Sec. 15. Be it further enacted by the authority aforesaid, that anyone or more of the owners of the property assessed shall have the privilege of paying the full 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. Option as to payment of assessment. Sec. 16. Be it further enacted by the authority aforesaid, that the mayor and aldermen of the City of Ocilla shall have full power and authority and they shall provide by ordinance or resolution for the assessment, levying, and collecting of an ad valorem tax on all property both real and personal, within the corporate limits of said city, for the support and maintenance of the government of said city for the purpose of raising the necessary revenue for the carrying out of the provisions of this Act, not exceeding 5% or $5.00 on the $100.00 exclusive of taxes for public schools of said city, and for bond indebtedness. Ad valorem tax. Sec. 17. Be it further enacted by the authority aforesaid, that section 9 of an Act to amend an Act of the General Assembly of Georgia, approved August 3, 1920, of the Acts of 1920, page 1374, be amended as follows: By repealing and striking from section 9 of said Act approved August 3rd, 1920, the words on the first Tuesday in January, 1921, and inserting in lieu thereof the words, the first Tuesday in November, so that when amended the same will read that on the first Tuesday in November, 1927, and annually thereafter there shall be held in the City of Ocilla an election for the purpose of electing the mayor and aldermen of the City of Ocilla, it being the intention of this section to change the time of holding the city election from the first Tuesday in January

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of each year to the first Tuesday in November of each year. Time of electing mayor and aldermen. Sec. 18. Be it further enacted by the authority aforesaid, that section one of an Act to amend an Act of the General Assembly, approved August 16, 1920, of the Acts of 1920, page 1378, be amended as follows: By repealing and striking of said Act approved August 16, 1920, aforesaid, the words, the first Tuesday in January, 1921, and substituting in lieu thereof the words, the first Tuesday in November, so that when amended the same shall read that on the first Tuesday in November, 1927 and annually thereafter there shall be held in the City of Ocilla an election for the purpose of electing the board of education of the City of Ocilla, it being the intention of this section to change the time of holding the election for members of the board of education from the first Tuesday in January of each year to the first Tuesday in November of each year. Time of electing board of education. Sec. 19. Be it further enacted by the authority aforesaid, that the present mayor and aldermen and the present members of the board of education shall continue in office until their present term expires and until their successors are elected and qualified; that all future officers which are elected by the vote of the people under the charter of the City of Ocilla, and all future members of the board of education elected by the voters of the City of Ocilla, elected on the first Tuesday in November of each year as herein provided, shall begin their term of office on the first day of January following their election. Terms of office. Sec. 20. Be it further enacted by the authority of the aforesaid, that the city clerk and treasurer of the City of Ocilla is required to keep a book to be called a permanent registration book, upon which all persons desiring to qualify as electors in said city shall be required to qualify as now required by provisions of the charter of the City of Ocilla. Such qualified voters shall sign their names in alphabetical order, and shall be subject to examination

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by the board of registrators of the City of Ocilla, as is now provided by the charter of said City. Such qualified voters, after registering in the permanent registration book, shall not be required to register again for any future elections to be held in the City of Ocilla, except as hereinafter provided; provided, however, that the city clerk shall be required to provide a new permanent registration book once every ten years, and all qualified voters of the City of Ocilla shall be required to again register in such new permanent registration book as hereinbefore set out; and provided further, that after being so registered in any of the permanent registration books, such electors shall be subject to be stricken off of the permanent registration book for any cause as now authorized by law or under the charter of the City of Ocilla. Permanent registration of voters. Sec. 21. Be it further enacted by the authority of the aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1927. PALMETTO CHARTER AMENDMENTS. No. 222. An Act to amend an Act approved on the 7th day of August, 1920, creating a new charter for the Town of Palmetto, and all Acts amendatory thereof, for the purpose of providing for the qualification, election, and term of office of the Mayor and Council of the Town of Palmetto; to provide for the use of the Australian ballot system in all elections held by and for the Town of Palmetto; to provide rules and regulations for the election of superintendents and teachers of the schools in the Town of Palmetto by the Board of Education of said town; to provide authority for the Town of Palmetto to compel road duty of all male persons residing in said town between the ages of twenty-one and fifty years; to provide authority for the Town of Palmetto to issue

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bonds for municipal purposes, including water and sewerage system, under the laws of the State of Georgia; to provide authority for the Town of Palmetto to sell light plant and equipment, and grant franchise; 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 7, 1920, creating a new charter for the Town of Palmetto be amended by striking therefrom section 3 of said Act of 1920 and inserting in lieu thereof the following: Sec. 3. Be it further enacted by the authority aforesaid, that an election shall be held on the 1st Saturday in January, 1928, and on the first Saturday in January of each year thereafter, for the election of the mayor and four councilmen of said town. The mayor of said town shall be elected for a term of one year, and shall serve until his successor is elected and qualified; and the councilmen of said town shall be elected for a term of two years after the first election. At the first election held after the passage of this Act, two of said councilmen shall be elected for a term of one year called the short term, and two of said councilmen shall be elected for a term of two years called the long term, and all candidates in the first election to be held after the passage of this act shall be required to announce `for short term' or `for long term' as the case may be. After the first election held under this act there shall be elected two councilmen for the Town of Palmetto each year for a term of two years, and the two councilmen elected for the first Saturday in January, 1929, shall succeed the two councilmen elected for the short term in the election to be held on the first Saturday in January 1928. At each election held after the two referred to above, the two councilmen thereby elected shall succeed the two old councilmen whose term expires with said election. The Mayor and Council of the Town of Palmetto, at their first meeting after election or as soon thereafter as practical, one of said councilmen shall be elected mayor pro tem., who shall perform

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all the duties of the mayor when the mayor shall be absent, disabled, or disqualified, and during any vacancy in the office of mayor. All candidates for Mayor and Council for the Town of Palmetto shall be at least twenty-one years of age at the time of their election, and residents of the Town of Palmetto for at least one year immediately preceeding their election. Substitute for Section 3 of Act of 1920. Election of mayor and councilmen. Terms of office. Sec. 2. Be it further enacted by the authority aforesaid, that section 5 of the Act approved August 7, 1920, creating a new charter for the Town of Palmetto, be amended by adding the following to the end of said section: All elections held by and for the Town of Palmetto shall be held under the Australian ballot system, as provided under the laws of this State. In holding said elections the election managers shall abide by all the rules and regulations of the Australian ballot system, as provided in the Acts of 1922, pages 97 to 106. Australian ballot system. Sec. 3. Be it further enacted by the authority aforesaid, that an Act approved August 7, 1920, creating a new charter for the Town of Palmetto, be amended by striking from section 20 in said act the figures 16, appearing on the third line in said section 20, and inserting in lieu thereof the figure 21, so that the minimum age for road duty shall be twenty-one years. Age limit for road duty. Sec. 4. Be it further enacted by the authority aforesaid, that the Town of Palmetto shall have the power and authority to issue and sell bonds for the purpose of construction and installation of a complete system of water-works and sewerage in the Town of Palmetto, and for such other purposes as the law permits, in such amounts or amount as the authorities of said town may deem proper within the limitations allowed under the constitution of the State of Georgia. The Mayor and Council of the Town of Plametto shall have the power and authority to call an election for the purpose of determining whether or not said bonds shall be issued, and shall have the power to do any and all acts necessary, under the laws of this State

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governing the issuance of bonds, to the issuance and sale of municipal bonds of the Town of Palmetto. The Mayor and Council of the Town of Palmetto is hereby authorized and empowered to determine the amount of bonds to be issued, the rate of interest to be paid, the denomination of said bonds, their maturity, and place of payment of both principal and interest. The Mayor and council of the Town of Palmetto shall also have the power, by levy of a direct ad valorem tax on all property both real and personal, corporate and franchise, in the Town of Palmetto, to provide a sinking-fund for the retirement of bonds as they become due, and for the payment of interest as such becomes due. Bond issue for water-works and sewerage. Sec. 5. Be it further enacted by the authority aforesaid, that the Mayor and Council of the Town of Palmetto be authorized and empowered by ordinance 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 connected therewith and used as a part thereof, belonging to said town, and to cease operation of such utility, and to convey good and clear title thereto by deed of said town, executed by its mayor. The said Town of Palmetto is hereby authorized and empowered by ordinance to grant local public-utility franchises and the use of streets and public places of said town therefor. Sale of public utility plant. Approved August 15, 1927. PAVO CHARTER AMENDMENTS. No. 87. An Act to amend the charter of the Town of Pavo, Georgia, in the Counties of Thomas and Brooks, approved August 21st, 1911, which charter was amended on August 11, 1913, pages 1096-1097 of the Georgia Laws of 1913; to provide for compensation of councilmen and the clerk and treasurer; to provide when the Mayor can

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vote in the election of municipal officers; to provide when the election of mayor and councilmen shall be held; to provide that the clerk and treasurer be elected by the mayor and councilmen; to provide when the mayor and council shall take the oath of office; to provide when the registration books shall be closed; and for 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 charter of the town of Pavo, in the Counties of Thomas and Brooks of said State, referred to in the caption of this act, be and the name is hereby amended by adding to section 12 of said charter the following: That the councilmen of said Town of Pave shall receive such salary as shall be fixed by the board of councilmen of the Town of Pavo; provided that no councilmen shall receive in excess of three dollars ($3.00) per month. So that said section 12 when amended shall read as follows: Sec. 12. Be it further enacted, that in case the mayor or any member of the council, while in office, shall be guilty of any wilful neglect, malpractice, or abuse of power confided to him, he shall be subject to indictment therefor in the Superior Court of the County of Thomas, and on conviction shall be fined a sum not to exceed one hundred dollars, which said fine shall be paid to the town treasurer for the use of the Town of Pavo, and he shall moreover be removed from office upon conviction. That the councilmen of the said Town of Pavo shall receive such salary as shall be fixed by the board of councilmen of the Town of Pavo; provided that no councilman shall receive in excess of three dollars ($3.00) per month. Pay of councilmen. Sec. 2. Be it further enacted by the authority aforesaid, that section 14 of said Act of 1911 be amended by adding the word not between the word be and the word allowed in the third line of said section, and by striking the word all in the fourth line, and by adding the words except in case of a tie immediately after the word council in the fourth line of said section. So that

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section 14 when amended shall read as follows; Sec. 14. Be it further enacted, that the mayor shall receive such salary as shall be fixed by the board of councilmen of the Town of Pavo; he shall be not allowed to vote in the election of municipal officers chosen by the council, except in case of a tie; he shall preside at all meeting of the town council, but he shall have no vote on legislative questions before the body, except in case of a tie; he shall have the veto power and may veto any ordinances or resolutions of the council, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on a yea and nay vote duly recorded in the minutes of the town council; but unless he shall file in writing with the clerk of the council his vote of any measure passed by that body, with reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if affirmed and signed by said mayor. The mayor shall provide over the police court hereinafter provided for, and shall have the power to punish for contempt both before the town council and before said police court, by any fine not to exceed twenty dollars, or by imprisonment in the said guard-house not to exceed forty-eight hours, either or both, or in the alternative, in the discretion of the mayor. It shall be the duty of said mayor to preserve the peace, and he shall be ex-officio a justice of the peace so far as to enable him to issue or try warrants for criminal offenses committed within the jurisdiction of the Town of Pavo. The mayor of Pavo shall be ex-officio chief executive officer of said town, and to him the police officers and all of town employees, under the jurisdiction of the mayor and council, shall be directly and immediately subject. Mayor's vote. Sec. 3. Be it further [Illegible Text] by [Illegible Text] authority aforesaid, that section 2 of said Act of 1911 be amended by striking the word second in the third line of said section, and substituting therefor the word third. So that section 2 when amended shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, that an election shall be held at the court-house in the Town of Pavo, on

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the third Monday in December, 1911, and annually thereafter, for a mayor and five councilmen, and a clerk and treasurer, * * Compare sections 6 and 7, page 1469. Compiler. to serve one year and until their successors are elected and qualified. The polls of said election shall be opened at nine o'clock in the [Illegible Text], and closed at four o'clock in the afternoon. Election of mayor, councilmen, clerk, treasurer. Sec. 4. Be it further enacted by the authority aforesaid, That section 11 of said Act of 1911 be amended by adding the words in January between the word night and the word thereafter in the tenth line thereof. So that said section 11 when amended shall read as follows: Sec. 11. Be it further enacted, that after the votes of the mayor, council, and town clerk at each election have been counted by the managers, they shall have two certified copies of the tally-sheet made out, one of each shall be handed to the mayor for the time being, and the other shall be retained by the managers; and as soon as the mayor as aforesaid shall be informed of the result of the result of the election, he shall cause the persons elected as aforesaid to be notified of the same, and the [Illegible Text] so elected shall attend on the first Monday night in January thereafter, at the council chamber, and the mayor and each of the members of the council shall take and subscribe before the judge or clerk of some court of record of this State, or before a justice of the peace, the following oath: I swear that I will faithfully and impartially demean myself as mayor or councilman (as the case may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, promised my vote or support to any person for office in the said government of Pavo, nor for any other office. I will not knowingly permit my vote, in the election or appointment of any person to a position in said government, to be influenced by fear, favor, or the hope of reward, but in all things pertaining to my said office I will be governed by what, in my judgment, is for the public good and the best interest of the town. The town treasurer shall take the oath of office hereinafter prescribed. Time of taking office. Oath of office.

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Sec. 5. Be it further enacted by authority aforesaid, that section 5 of said Act of 1911 shall be amended by striking the words one week in the seventh line of said section, and substituting the words at eight o'clock p. m. on Saturday next. So that said section 5 when amended shall read as follows; Sec. 5. Be it further enacted by the authority aforesaid, that the clerk shall provide a suitable book alphabetically arranged, in which to register said qualified voter, and said clerk shall give notice in the papers, at least thirty days preceding the election, that his books are open for registration of voters who are qualified to vote for municipal officers. Such books shall be closed at eight o'clock p. m. on Saturday next before the election. Registration of voters. Sec. 6. Be it further enacted by the authority aforesaid, that section 2 or said Act of 1911 be amended by striking the words and a clerk and treasurer, occurring in the fourth and fifth lines of said section. So that said section 2 when amended shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, that an election shall be held at the court-house in the Town of Pavo on the third Monday in December, 1911, and annually thereafter, for a mayor and five councilmen, to serve one year and until their successors are elected and qualified. The polls of said election shall be open at nine o'clock in the forenoon, and closed at four o'clock in the afternoon. Election of mayor and councilme. Sec. 7. Be it further enacted by the authority aforesaid, that section 17 be amended by striking the following words: His compnesation shall be one hundred ($100.00) dollars, payable monthly, which amount may be raised by the mayor and council should they deem it necessary, and by adding thereto the following: That at the first regular meeting the mayor and council shall elect a clerk and treasurer. Such officers shall be paid such compensation as may seem proper to the mayor and council. So that said section 17 when amended shall read as follows: Sec. 17. Be it further enacted, that the qualifications of the clerk shall be the same as those of the mayor;

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he shall take such oath of office as the mayor and council may prescribe, and shall give bond in the sum of five hundred ($500.00) dollars, with good and sufficient security, to be approved by the mayor and council, for the faithful performance of his duties; he shall be the clerical officer of the council, and his duties shall be such as shall be prescribed by the ordinances of the town and by the mayor and council. That at the first regular meeting the mayor and council shall elect a clerk and treasurer. Such officers shall be paid such compensation as may seem proper to the mayor and council. Election of clerk and treasurer by mayor and council. Compensation. Be it further enacted 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 30, 1927. PELHAM SCHOOL-TAX REFERENDUM. No. 31. An Act to amend an Act approved December 12, 1901, which said Act amends an Act approved September 14, 1881, so as to create a public school system for the City of Pelham, by amending section one of the Act approved December 12, 1901, so as to increase the limit of taxation in the City of Pelham to seven tenths of one per cent., instead of two tenths of one per cent., as provided in said Act approved December 12, 1901, and provide for the submission of this Act allowing an increase in the tax rate for school purposes to the qualified voters of the City of Pelham at a special election to be held on some date to be designated by the mayor and council of the City of Pelham, as provided in article 8, section 4, paragraph 1, of the constitution of the State of Georgia, and to give to the mayor and council of the City of Pelham authority to fix the rate of taxation in the City of Pelham for school purposes, not to exceed seven tenths of one per cent.

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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, an Act approved December 12, 1901, which amends an Act approved September 14, 1881, creating a system of public schools for the City of Pelham, be and the same is hereby amended by striking from section one of said Act approved December 12, 1901, the following words, to wit: to levy an ad valorem tax of not exceeding two tenths of one per cent, and inserting in lieu thereof the following words, to wit: to levy an ad valorem tax of not exceeding seven-tenths of one per cent, so that when said section is amended it shall read as follows: Be it enacted, that the mayor and council of said town shall have the authority to establish a system of public schools, over which they shall have exclusive jurisdiction, and for this purpose they shall have the power to acquire property by purchase, lease, donation, or otherwise, and to levy an ad valorem tax of not exceeding seven tenths of one per cent for the support of said school system. Ad valorem school-tax. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall be submitted to the qualified voters of the City of Pelham for their approval, for which purpose the mayor and council of the City of Pelham shall order a special election to be held on some date to be designated by said mayor and council in a resolution or ordinance of the mayor and council of said city, which said resolution or ordinance shall set forth the rate of taxation now in force and the rate of the proposed increase, as well as the date for the proposed election. Notice of such election shall be published in a newspaper in the City of Pelham at least once a week for two weeks before the election; and if there be no newspaper published in said City of Pelham at the time of calling said election, then notice of the calling of said election shall be posted in at least three conspicuous places in the municipality ten days prior to the election. At said election those in favor of the approval of this Act shall have written

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or printed on their tickets: For increased taxation for public-school purposes, and those against this Act and the approval of same shall have written or printed on their tickets Against increased taxation for public-school purposes. That the returns of said election shall be made and the result declared as prescribed for other elections in and for said municipality. That two thirds of those voting shall be necessary to carry the election for increased taxation for public school purposes. Should this Act fail of adoption, said mayor and council of the City of Pelham shall submit the same to another election after the lapse of twelve months from the first election. Referendum as to this Act. 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 19, 1927. PINE PARK PUBLIC SCHOOL. No. 241. An Act to amend an Act entitled an Act to incorporate the Town of Pine Park in the County of Grady; to define the corporate limits thereof; to provide for a mayor and council; to prescribe their duties and the manner of their election; to provide the manner in which a public-school system for the Town of Pine Park may be established; to provide for the support of same by taxation or otherwise; to authorize and require the State School Commissioner to pay to the mayor and council of said town the pro rata of the State school funds to which said town would be entitled under the law; by striking from said Act all of section twenty-seven of said Act approved August 15th, 1910, which authorizes the establishment of a public school for said town, in order that the territory embraced in said corporate limits may be under the control of the county board of education of Grady County, and the schools there be a part

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of the public-school system of the County of Grady; and for other purposes. Section 1. Be it enacted by the General Assembly of tht State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this act all of section 27 of the Act approved August 15th, 1910, incorporating the Town of Pine Park, which section 27 authorizes the establishment of a public school for said town, be and the same is hereby repealed; and said territory embraced in the corporate limits of the Town of Pine Park be placed under the control of the board of education of Grady County. Repeal of public-school law; town placed under county board. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 15, 1927. PINEHURST CHARTER AMENDMENTS. No. 109. An Act to amend an Act creating a charter for the Town of Pinehurst in the County of Dooly, said State, which Act was approved December 16, 1895, with all amendments thereto, which amendment shall empower the mayor and councilmen of the Town of Pinehurst with the right to issue bonds for the paving, macadamizing, curbing, and otherwise improving any of the sidewalks, crosswalks, drains, gutters, streets, roads, lanes, alleys, and public squares or highways or any portion thereof within the corporate limits of the Town of Pinehurst; and to provide for the levying of taxes for the purpose of paying the said bonds; to provide for board of assessors, and for hearing of complaints, and objections, by mayor and councilmen of the Town of Pinehurst, to assessments, and to assess the cost of making such improvements, in whole or in part, against the abutting

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property, or its owner, benefited thereby; to provide for the apportionment and collection by legal process of such assessments; 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 town, or otherwise used, in making provision for the payment of cost of such improvements; to empower the mayor and councilmen of the Town of Pinehurst to issue bonds for the purpose of building, maintaining, improving, repairing, or adding to the public-school property in said Town of Pinehurst, and to provide for the levying of taxes for the purpose of paying such bonds, and to impose punishment as a misdemeanor on any one using such funds for any other purpose; to provide for a board of registrars; to provide for written notice for the return of taxable property within the corporate limits of the Town of Pinehurst, and for assessment by assessors of said Town of Pinehurst, and for notice of assessment, and for the appointment of assessors; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that said Act approved December 16, 1895, entitled an Act creating a charter for the Town of Pinehurst together with all amendments thereto, be and the same is hereby amended by adding thereto the following provisions: (a) Be it further enacted, that the mayor and councilmen of the Town of Pinehurst shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets, avenues, alleys, sidewalks, crossing, or other passageways of said town, and shall have the power to vacate, close, open, alter, grade and fill, curb, pave, drain, and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining the same, and shall also have the power of curbing and paving the whole or any part of a street, avenue, alley, sidewalk, crossing, or

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other passageways of the town. They shall also have the power to prescribe by ordinance for the curbing or paving of all squares, triangles, and intersections of said town, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given and when the work shall be completed, and to supervise the construction of the same, and have power to reject any work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street-crossing and railroad-crossing, or other passageway to be paved in such manner and with such material as they may determine by resolution or ordinance. One third of the expense of paving streets shall be borne by the town, and the other two-thirds by the abutting-property owners in just proportion to the foot-frontage to their property thereon. Whenever the mayor and councilmen shall determine to pave any street, avenue, alley, sidewalk, street-crossing or railroad-crossing or other passageway in said town, they shall require the clerk to notify in writing all persons owning property abutting or fronting thereon, of such intention, together with a statement of the amount assessed against said property therefor; and the said town shall at once proceed to do said paving, or cause it to be done; and when the same is completed, it shall be the duty of said property-owner to pay into the treasury of said town, within twenty days after the completion of such work, the amount so assessed against their property. And in case any property-owner shall fail or refuse to do so, the said clerk is authorized and empowered to issue instanter an execution against said property, which shall be a lien on said property, superior to all other liens except liens for taxes, and said execution shall be levied on said property by the marshal or chief of police, and the same advertised and sold at public auction in conformity to the laws of this State governing the sales of property under judgment and execution by sheriffs. Said marshal or chief of police shall make to the purchaser a good and valid deed

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thereto, conveying title as fully as the sheriffs of this State are authorized to do at public sale under judgment and execution. The mayor and councilmen shall have full right to bid on and purchase said property at said sale if they choose to offer the highest bid therefor; whereupon said deed shall be made to mayor and councilmen of the Town of Pinehurst, and upon the completion of such sale said marshal or chief of police being authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Authority as to street improvements. Sidewalks, etc. Division of expense. Notice to property owners. Payment of assessment. Execution; levy and sale. (b) The mayor and councilmen shall have power and authority to call elections from time to time for the purpose of voting bonds for the purpose of paving any of the streets of said town, in an amount not to exceed fifty thousand dollars at any one time. Election as to bond issue. (c) The mayor and councilmen of said town are given the power and authority to pass all ordinances and necessary regulations for the effectual carrying out of the purposes and intent of the foregoing section relating to paving, as they may deem for the best interest of said town, and which shall not be in conflict with the constitution and laws of Georgia. Authority as to ordinances. (d) Be it further enacted by the authority aforesaid, that where a railroad company or other companies, person, or corporation has tracks on or across said streets or sidewalks so to be paved or improved, the company, person, or corporation owning, 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 either side of said track. Assessment of railroad companies, etc. 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 Town of Pinehurst, shall have been authorized, under the laws and

Page 1477

ordinances of the town to be paved, macadamized, curbed, or otherwise improved, and the costs for such improvements has been ascertained, which cost shall include all expenses incurred by the town incident to such improvements, the mayor and councilmen shall by resolution appoint a board of appraisers consisting of one member of the board of tax-assessors, clerk of the council, and the town engineer, provided that if the Town of Pinehurst shall have no town engineer the mayor and councilmen may appoint in his stead any freeholder of said town, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement as hereinafter provided. That within ten days from the date of the resolution appointing said board the said board shall file a written report of the appraisal and assessment and apportionment of such expense and costs to the several lots and tracts of land abutting on said street, alley, lane, avenue, square, or other public places so improved, with the clerk of the council of said town, in the manner and on the basis herein provided. When said report shall have been returned and filed, the said mayor and councilmen shall designate 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 appraisements, apportionment, and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the clerk of council in at least two consecutive issues of any newspaper in which the sheriff's advertisements of Dooly County are published, and said notice shall provide for an inspection of such return by any property-owner or other party interested in such return, and by posting notices at two public places in Town of Pinehurst. The time fixed for said hearing shall not be less than five nor more than ten days from the last newspaper publication of said notice. The mayor and councilmen at said session shall have power to review and correct said appraisement, apportionment, and assessment, and to hear and determine objections to the same, and to confirm

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the same either as made by said board or as corrected by said mayor and councilmen. The mayor and councilmen 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 thereinafter provided, which assessments 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. Board of appraisers. Report of appraisers. Hearing of objections. Assessments; how paid. 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 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. Installments of assessment. Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with interest on the same and all costs, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the assessment, coequal with the lien of other taxes, and prior and superior to all other liens against such lots, parcels, or tracts, except those liens which are by law made superior and such liens, shall continue until such assessment and interest thereon shall be fully paid. Lien of assessment.

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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 mayor and councilmen 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 councilmen may determine, which bonds shall in no event become a debt or liability of the Town of Pinehurst by 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 seven per cent per annum from their date until maturity, payable annually, and shall be designated street-improvement bonds, and shall on their face designate the streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon lots, parcels, and tracts of land benefited by such improvements under the authority of this Act. Said bonds shall be signed by the mayor and attested by the clerk, and shall have the impression of the corporate seal of said town 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 in said resolution by the mayor and councilmen. 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

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whole or in part be negotiated and delivered to the contractor at not less than par value, in payment of any amount due such contractor or his contract. And any portion of the bonds not so negotiated or delivered over to the contractor may be sold or otherwise disposed of by the mayor and councilmen, at not less than par value, and the proceeds applied to any expense incident to, and incurred by, the town in providing for such improvements. Said bonds may, at the option of the holder thereof, be registered by the clerk in a book to be provided by ordinance for that purpose, and a certificate of registration by the clerk shall be by him endorsed upon each of said bonds: Street improvement bonds. Sale of bonds. 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 tract of land, on the first day of December in each year, together with the interest thereon, to the clerk of the Town of Pinehurst, 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 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 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

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or chief of police, * * First lines of proviso, as to affidavit of illegality, omitted from Act as engrossed and enrolled.Compiler. 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 now provided by law in such cases for delay. Collection of assessments. Execution for assessment; levy and sale. 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 town, together with the whole cost of all materials used in making such street improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and paid by the owners of such property according to its frontage; and that the cost of making such other street improvements as are authorized by this Act shall be apportioned and assessed as follows: One third of such costs to be chargeable to the Town of Pinehurst, 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 intersecting streets, avenues, lanes, alleys, or other public thoroughfares, shall be assessed as real estate abutting upon the street, lane, alley, avenue, or other public thoroughfare paved or otherwise improved; and the said mayor and councilmen shall be, for all the intents and purposes of this Act, an owner or legal representative of real estate abutting on any street, lane, alley, avenue, or other public thoroughfare, shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, avenue, or other public thoroughfare. Said proportion of such cost to be borne by the town may be paid out of any available funds for that purpose in the town treasury or from the proceeds of bonds duly authorized as now provided by law. Apportionment of assessment.

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Sec. 8. Where the right of way of any railway company crosses any public throughfare within the corporate limits of the Town of Pinehurst, such company is to be deemed, for all the purposes of this Act, as the owner of the property on both sides of such throughfares, to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its track or tracks. And said railway companies shall be subject to all the provisions of this Act, the same as persons owning property in said Town of Pinehurst. Assessment against railroad company. Sec. 9. Be it further enacted by the authority aforesaid, that the mayor and councilmen 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 July, instead of annually; and in levying the assessment against property-owners for such public improvements as are authorized by this Act, the mayor and councilmen may likewise require the installments to be paid semi-annually, on the first day of December and June of each year, instead of annually, as provided in section 3 of this Act. Time of paying interest on bonds, and installments of assessment. Sec. 10. Be it further enacted by the authority aforesaid, that at the first meeting of the mayor and councilmen held after the passage of this Act, the mayor and councilmen shall elect by ballot three registrars for the Town of Pinehurst, who shall serve until their successors are elected and qualified as hereinafter provided. At the first regular meeting of the mayor and councilmen held in January, 1928, and biennially thereafter, the mayor and councilmen shall elect by ballot three registrars for said Town of Pinehurst. Said registrars shall be qualified voters of said town. In the event of death or resignation of any registrar, his unexpired term shall be filled by the mayor and councilmen by appointment. Said registrars before entering upon their duties shall take and subscribe the

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following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as such registrar. Said oath shall be filed with the clerk of council and entered upon the books of the minutes. Fifteen days prior to the date of any election for any purpose, held in and for said Town of Pinehurst, the clerk of the town shall turn over to said registrars the book of registered voters, and said registrars shall appoint a time when they, in open session in the council chamber, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have at least three days written notice, and said notice shall state the time and place of hearing and grounds of challenge, and the registrars shall sit as a court to review said case, and may subpoena witnesses, hear evidence, and determine whether such applicants should be allowed to register. Said registrars shall review the list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as hereinbefore provided. All actions of the registrars in revising the list of voters must be in public in the council chamber. In making said registration list, and in revising said work, the registrars shall examine the ground for disqualification of voters, including criminal records, insolvent tax lists, tax-digests, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register and vote and shall strike no one off of said list who is entitled to register and vote. That after such registrars have fully completed their work in revising the registration list, they shall have carefully and plainly made, or caused to be made, two alphabetical lists exactly the same, giving name, age, occupation, color, and residence of each voter, and shall certify to the correctness of each list and date and sign the same officially. They shall file one copy with the clerk of the town council for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside officially, and deliver to the clerk of the town council, to be kept unopened by him

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until the day of election. Said registrars shall also at the same time turn back to the clerk of the town council the book of original entries of the persons registering on their oaths, and these shall remain in his office at all times during office hours, subject to the inspection of any parties at interest. That the mayor and councilmen shall fix such compensation for said registrars as they may determine, and same to be paid out of any funds as may be available for such purposes. Registrars of voters. Oath of registrars. Revision of registration book. List of voters. Pay of registrars. Sec. 11. Be it further enacted by the authority aforesaid, that the provisions of this act shall in no wise annual and impeach, lessen, or avoid the present method under the present charter of the Town of Pinehurst in reference to paving and registration of voters within the Town of Pinehurst, but the same shall be cumulative and in addition to present laws governing the same within said town. This Act is cumulative of other laws as to paving, and registration. Sec. 12. Be it further enacted by the authority aforesaid, that when any person in the Town of Pinehurst shall have qualified as a voter by registering as provided in the original charter, then said registration shall be permanent, and it shall not thereafter be necessary for such person to register a second time so long as said registered voter shall pay all taxes due the Town of Pinehurst. Permanent registration. Sec. 13. Be it further enacted, that said Act incorporating the Town of Pinehurst be and the same is hereby amended by adding thereto the following, to wit: That the mayor and councilmen of said Town of Pinehurst shall have full power and authority to remove or cause to be removed any building, structure, steps, fence, gasoline or oil-filling station, gasoline-pump, oil-punp, or other obstructions or encroachments or nuisance in, or over the streets, alleys, sidewalks, or public square of said town, at the expense of such person, firm, or corporation as shall erect or maintain same or cause the same to be erected or maintained, and said mayor and councilmen shall have the authority and power to have the clerk of said town issue execution against such person, firm, or corporation for the amount

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of the actual reasonable cost of such removal; and that the mayor and councilmen of said town shall have full power and authority to enact such ordinances, rules, or regulations as they may deem necessary to fully and effectively enforce the provisions of this section. Nuisances and encroachments. Sec. 14. The mayor and councilmen of the Town of Pinehurst are authorized and empowered to issue bonds for said Town of Pinehurst, in such sums and at such times as they may deem proper, not to exceed in the aggregate the sum of fifty thousand ($50,000.00) dollars, of the denomination of one thousand ($1,000.00) dollars each, to become due and payable at such time or times not exceeding thirty years from the date or issue thereof, as said mayor and councilmen may determine, all said bonds shall bear interest not to exceed 6% per annum. Said bonds to be sold, issued, and hypothecated for the purpose of building, maintaining, improving, repairing, or adding to the public-school buildings in said Town of Pinehurst. School bonds. Sec. 15. Be it further enacted, that the mayor and councilmen of said Town of Pinehurst are hereby authorized and empowered to levy, assess, and collect annually a sufficient tax upon and from the taxable property in said Town of Pinehurst, real or personal, to pay the principal and interest on said school bonds and paving bonds as they shall become due. This tax shall be separately assessed, levied, and collected for the specific purpose herein designated, and shall not be used or applied to any other purpose whatsoever. Said mayor and councilmen are hereby authorized and empowered to issue interest coupons, payable annually, for the interest on said bonds. Any money remaining on hand, received and collected under this Act after the paying of maturing interest coupons and bonds each year, shall be held by the mayor and councilmen as a sinking-fund for the payment of bonds and interest maturing the next year. Tax to pay school bonds. Sec. 16. Be it further enacted, that said bonds shall be signed by the mayor and clerk, and negotiated and sold

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in such manner and in such sums and at such times as the mayor and councilmen may determine for the best interest of said town and the effectual execution of the object of this Act. Sale of bonds. Sec. 17. Be it further enacted, that the money arising from the sale and disposition of said bonds shall be used by the mayor and councilmen of said Town of Pinehurst for the purpose of building, maintaining, improving, repairing, or adding to the public-school buildings in said Town of Pinehurst, upon the terms and in such locality as the trustees or board of education may deem best for said town and school. Proceeds of bonds, how used. Sec. 18. Be it further enacted by the authority aforesaid, that said mayor and councilmen of said Town of Pinehurst shall call an election for the issuing of bonds in said Town of Pinehurst for the purpose of building, maintaining, improving, repairing, or adding to the public-school buildings of said Town of Pinehurst, and the question of the issuing of said bonds shall be submitted to a vote of the qualified voters of said Town of Pinehurst at an election held for that purpose in accordance with the constitution of this State, which said election or elections shall be held under an order of the mayor, and shall be advertised for thirty (30) days immediately preceding such election or elections at the council chamber in said Town of Pinehurst and in said official organ of said town. The mayor and councilmen shall provide, at the expense of the town, the ballots to be used in said election or elections, which said ballots shall have printed on them For Public-School Bonds and Against Public-School Bonds. If the question submitted at said election or elections should be decided affirmatively in accordance with the terms of this Act, it shall be the duty of the corporate authorities to levy and collect a tax and issue and dispose of said bonds of said Town of Pinehurst in accordance with the various sections of this Act in relation thereto. But should the question be decided negatively at such election or elections, it shall be the duty of the

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mayor and councilmen of said Town of Pinehurst, upon the written application of one third of the qualified voters of said Town of Pinehurst, to order another election which should be held as required by the provisions of this section, under the same rules and regulations as elections held for mayor and councilmen of said Town of Pinehurst; but not more than two elections for said bonds shall be held during the same year. Election as to bond issue. Sec. 19. Be it further enacted, that it shall be the duty of the mayor and clerk and treasurer of said Town of Pinehurst, from and after the time this act is in force, to post a written notice in at least three public places in said Town of Pinehurst, four weeks next preceding the first day of April, that the office of said clerk and treasurer will be open for receiving the returns of taxpayers of their property subject to taxation by said Town of Pinehurst, stating therein the date upon which the books will be closed for receiving such returns. Tax returns. (a) It shall be the duty of all taxpayers to return their property on or before the first day of April of the year in which the same is taxable, and the return shall schedule the property owned and controlled by such taxpayer as of the first day of January next preceding the date of the returning thereof. Time for making returns. (b) That whenever the owner of any property upon which any ad valorem taxes are legally assessable by said Town of Pinehurst, under the authority of any law now of force or hereafter enacted, shall fail, refuse, or neglect to return the same seasonably for taxation for the year in which the return should be made, such owner is hereby required to return such property for taxation for the year he is delinquent, to said clerk and treasurer. In the event that such owner has made a return of his property or of any part thereof in such return, such owner is hereby required to make a return of his property so returned for taxation at such inadequate and improper valuation for the year he is delinquent by such undervaluation of such property,

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such returns to be made to said clerk and treasurer. In the event that the owner of such property is dead or is under any legal disability, it is hereby declared to be the duty of his legal or personal representative or representatives to make such return required in this Act. Default as to return. Undervaluation. Return of decedent's estate. (c) That when the owner of such property, or, if dead or under any legal disability, his representatives or representative, fails or refuses to make a return to said clerk and treasurer of said Town of Pinehurst of his property as required by the laws of this State, said clerk and treasurer shall notify in writing such delinquent, or his representatives, demanding that a return of his property, real and personal, as contemplated by the law be made within twenty days from the date of such notice; the notice provided for herein may be given personally or by sending the delinquent through the post-office in a postage-prepaid letter addressed to such delinquent or his representatives, at his last known address, if any, as the same appears on the records of said clerk and treasurer, or to his most notorious place of abode, and such notice shall be deemed to be given at the time it is posted, and certificate of said clerk and treasurer shall be sufficient evidence thereof. Such notice shall recite the fact of delinquency, and the date upon which the return should be made by such delinquent, and that the return should be filed with said clerk and treasurer. Notice to delinquents. (d) If such taxpayer, or the owner of such property, fails or refuses to return his property or any part thereof, or fails or refuses to return his property or any part of his property at a proper valuation for the year for which it is or should be made after the notice authorized in subdivision (c) of this section is given, it is hereby made the duty of said clerk and treasurer to prepare an itemized list of the property, real and personal, of such delinquent, subject to taxation by said Town of Pinehurst, and to file the same within ten days (exclusive of Sundays and public holidays) from the date of closing the books, with the tax-assessors of said town. The tax-assessors of said Town of Pinehurst

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are hereby charged with the duty of assessing such property of such delinquent, so returned by said clerk and treasurer, together with such other taxable property of such delinquent, real and personal, as they may ascertain is omitted from such return for the year in default; when said tax-assessors have made their assessment, they shall give written notice thereof to the taxpayer, and said assessment shall be final and conclusive upon said taxpayer unless said taxpayer shall, within twenty days from the date of the receipt of such written notice raise the question that the assessment is excessive, in which event the question of valuation shall be referred to arbitrators, one to be chosen by the taxpayer, one by the assessors, with the power to choose an umpire in case of disagreement, and their award shall be final, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation or partial revocation of a submission or award thereon. If said delinquent shall refuse or neglect to designate an arbitrator within three days after the expiration of said twenty days' notice, the arbitrator appointed by said tax-assessors is hereby required to appoint an arbitrator for said delinquent, and said arbitrator shall thereupon proceed to hear and determine the question in issue, with like authority to choose an umpire in case of disagreement. List of delinquents. Assessment of property of delinquents. (e) If the delinquent disputes the taxability of his property, or of any part thereof, he may raise that question by bill in equity addressed to the Superior Court of Dooly County, Georgia. Issue as to taxability. (f) The method hereinbefore authorized is intended to be cumulative, and is in addition to every other remedy now or hereafter existing, at law or in equity, and the use of another or others shall not in any wise deprive said Town of Pinehurst from the use of the foregoing remedy. Foregoing method is cumulative. (g) The mayor and councilmen of said Town of Pinehurst are hereby fully empowered and authorized to make and adopt any and all regulations, rules, and ordinances,

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not inconsistent with the laws of the State of Georgia and of this charter, necessary, requisite, or convenient in the exercise and enforcement of the levy and collection of its ad valorem taxes. Authority to make tax regulations. Sec. 20. Be it further enacted, that the mayor and councilmen of said Town of Pinehurst shall have power and authority to appoint each year, if in their discretion they see proper, three tax-assessors, whose duty it shall be to value the real estate and personalty in said Town of Pinehurst for taxation, and to scrutinize carefully each return of property, real and personal, by any taxpayer of said Town of Pinehurst; and if in their judgment they shall find the property embraced in the return, or part of it, returned below its proper value, they shall assess the value thereof. Said tax-assessors must be residents of said Town of Pinehurst and freeholders. Tax-assessors. Sec. 21. Be it further enacted by the authority aforesaid, that this Act does not supersede any of the ordinances now of force in said Town of Pinehurst, save where such ordinances are in conflict with this charter, but shall continue the same, and all ordinances in conflict with or inconsistent with the provisions of this Act are hereby modified so as to conform therewith. Former Acts as affected by this Act. Sec. 22. Be it further enacted by the authority aforesaid, that any and all deeds executed under the authority of the charter of the Town of Pinehurst under a sale for municipal taxes or otherwise shall be received as evidence in any court of law in this State, as to the fi. fa., levy, advertisement, and sale, as stated in said deed, without additional proof of the same. Tax-deeds as evidence. Sec. 23. Be it further enacted, that the mayor and councilmen of the Town of Pinehurst are given the power and authority to call elections from time to time for the purpose of voting bonds for the purpose of paving any of the streets of said Town of Pinehurst, in an amount not to exceed fifty thousand dollars ($50,000.00) at any one time, to bear interest not to exceed six (6%) per cent. Elections as to bonds.

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Sec. 24. Be it further enacted, that the mayor and councilmen of said Town of Pinehurst are given the power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing section relating to paving, as they may deem for the best interest of said town, and which shall not be in conflict with the constitution and laws of Georgia. Authority as to paving ordinances. Sec. 25. Be it further enacted, that the mayor and councilmen of said Town of Pinehurst are hereby authorized and empowered to levy, assess, and collect annually a sufficient tax upon and from the taxable property in said town, real and personal, to pay the principal and interest on such bonds as they shall become due. This tax shall be separately assessed, levied, and collected for the specific purpose herein designated, and shall not be used or applied to any other purpose whatsoever. Said mayor and councilmen are hereby authorized and empowered to issue interest coupons payable annually for the interests on said bonds. Any money remaining on hand, received and collected under this Act, after the paying of maturing interest coupons and bonds each year, shall be held by the mayor and councilmen as a sinking-fund for the payment of bonds and interest maturing the next year. Tax to pay bonds. Sinking fund. Sec. 26. Be it further enacted, that said bonds shall be signed by the mayor and clerk and negotiated and sold in such manner and in such sums and at such times as the mayor and councilmen may determine for the best interest of said city and the speedy execution of the object of this Act. Sale of bonds. Sec. 27. Be it further enacted, that all elections to determine the issuing of bonds for all public improvements as above provided in this charter, shall be conducted in the same manner as provided for other elections in this city, and in accordance with the constitution of this State, which said election shall be held under the order of the mayor and councilmen, and be advertised for thirty days

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immediately preceding the date of the election, and shall be held at the council chamber in said town. The mayor shall provide, at the expense of the town, the ballots to be used in said election, which said ballots shall have printed on them: For Public Improvement, and Against Public Improvements, and For Bonds and Against Bonds, and if the question shall be decided in the affirmative, they shall proceed as authorized, and if decided in the negative, then it shall be delayed until some other election, which may be ordered at any time upon the written request of one third of the qualified voters of said town; provided, that not more than two elections for that purpose shall be held within one year for the same purpose. Elections as to bonds. Sec. 28. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1927. QUITMAN TAX ADDITIONAL. No. 297. An Act to authorize, empower, direct, and require the board of commissioners for the City of Quitman to provide by levy an ad valorem tax on all real and personal property within the corporate limits of the said City of Quitman, of two mills for the years 1928 and 1929, each, in addition to all other taxes now provided by law, for the payment of a debt heretofore incurred by the board of education of said city, for the building of fire-escapes for the grammar-school building, for repairs and improvements of the school buildings of said city; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the board of commissioners for the City of Quitman be and they are hereby authorized, empowered, directed

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and required to provide by levy an ad valorem tax on all real and personal property within the corporate limits of the City of Quitman, of two mills for the years 1928 and 1929 each, in addition to all taxes now provided by law, for the payment of a debt heretofore incurred by the board of education of said city, for the building of fire-escapes for the Grammar School building, for repairs and improvements of the school buildings of said city, and for other school purposes. Additional tax, to pay debt. Sec. 2. Be it further enacted by the authority aforesaid, that all other laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. RICEBORO CITY CHARTER. No. 327. An Act to incorporate the City of Riceboro in Liberty County, to define the corporate limits thereof, to provide for a mayor and council, to provide the manner of their election, to provide for the enaction of all necessary ordinances, to provide penalties for the violation of same; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that on and after the passage of this Act the City of Riceboro in the County of Liberty be and the same is hereby incorporated as a city under the name of Riceboro. Riceboro incorporated as city. Sec. 2. Be it further enacted by the authority aforesaid, that the incorporate limits of said City of Riceboro: Beginning at the point where the Coastal Highway crosses the Seaboard Air Line Railway Company's tracks and right of way near the depot on said railroad at Riceboro Georgia, and running one mile in each and every direction from the center of said crossing. Corporate limits.

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Sec. 3. Be it further enacted that the municipal authorities of said city shall be the mayor and four councilmen, who are hereby constituted a body corporate by the name of Riceboro, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to better enable them to better discharge their duties and needful for the good order, government, and welfare of said city, and by said name shall also have perpetual succession. Mayor and councilmen: general powers. Sec. 4. Be it further enacted, that from and after the passage of this Act, Charles B. Jones of said City be and he is hereby constituted and appointed mayor of said city, and M. B. Jones, M. G. Baxter, Fred Amason, and J. B. Caswell, all of said city be and they are hereby appointed and constituted councilmen of said city. The said mayor and councilmen to hold their respective offices until their successors in office are duly elected and qualified as hereinafter provided. Mayor and councilmen named. Sec. 5. Be it further enacted, that on the first Wednesday in January, 1929, and annually thereafter on the same day and in the same month, an election shall be held in said city for mayor and councilmen thereof, said election to be under such supervision rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Election of successors. Sec. 6. Be it further enacted, that all persons who have been bona fide residents of said city for six months next preceding an election held therein, and who are qualified to vote for members of the General Assembly, shall be allowed to vote in any election held in said city. Qualification of voters. Sec. 7. Be it further enacted, that the mayor and councilmen, and such other officers of said city as are hereinafter provided for, shall, after election or appointment to his office, and before he shall enter upon the duties thereof, take and prescribe the following oath (which oath may be administered by any officer authorized by the Code of Georgia to administer oaths): I do solemnly swear or

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affirm that I will faithfully discharge all duties incumbent upon me as mayor, councilmen, or other officer of the City of Riceboro, according to the best of my ability; so help me God. Said oath, with the certificate of the officer administering the same, shall be filed with the officer entrusted with the records of said city. Oath of office. Sec. 8. Be it further enacted, that the mayor and councilmen shall have power and authority to elect such marshals, clerks, and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and prescribe the duties and compensation of such officers, and require of them such bonds as they may deem necessary, payable to said city in its corporate name. Election of subordinate officers. Sec. 9. Be it further enacted, that the council of said city shall have the power therein to lary off, close, open, and keep in order and repair roads, streets, and sidewalks for the use of the public or any citizen thereof; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in or about the premises where held; to abate or cause to be abated anything which in the opinion of the majority or of the whole council shall be a nuisance; to protect the property and persons of said city, and to preserve the peace and good order thereof, and for this purpose to appoint, when necessary, a police force to assist the marshal in his duties; to provide for the annual assessment of taxable property therein; to adopt rules and regulations for the government of its own body. The council shall have power to make and pass all needful orders, ordinances, and by-laws not contrary to the constitution and the laws of Georgia and the United States, to carry into effect the foregoing enumerated powers, and all others conferred upon said city, and to this end may prescribe, impose and enact reasonable fines, penalties, and imprisonments in the city jail or other place of confinement prescribed by the council for a term not to exceed twenty days. Powers of council. Sec. 10. Be it further enacted, that the said city shall have the power and right to organize work-gangs, and to

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confine at labor therein, for a term not to exceed twenty days, persons convicted of violating the ordinances of said city; provided, that said penalty shall be inflicted only as an alternative for failure or refusal to pay a fine imposed for such violation. Penalties Sec. 11. Be it further enacted, that the mayor of said city shall have authority to bind over or commit to jail offenders against any criminal law of Georgia, whenever in the course of investigation before him a proper case thereof shall be made out by evidence. Commitment or bail. Sec. 12. Be it further enacted, that said mayor and council shall have the power and authority to elect a mayor pro tem, who shall be one of the council, who shall perform the duties of mayor when, from any cause, he cannot be present to perform the duties of his office; also to fill any vacancy that may occur in the office of mayor or councilmen, or any subordinate office of said city. Mayor pro tem. Sec. 13. Be it further enacted, that the mayor of said city shall be chief executive officer thereof. He shall see that the ordinances, by-laws, rules, and regulations of the council are faithfully executed. He shall have control of the police of said city, and may appoint special police when he may deem it necessary. He shall have the power to hold his police court for the trial of offenders of the ordinances of said city at any time he may fix; he shall have power to issue executions for all fines, penalties, and costs imposed by him, or he may require the immediate payment thereof, and in default of such immediate payment he may imprison the offender or offenders, or sentence him to a term not exceeding twenty days in the jail or work-gang as hereinafter provided. Mayor's powers. Sec. 14. Be it further enacted, that the said corporation shall have and enjoy all the rights, powers, and privileges incident to such corporations, and not repugnant to the constitution and laws of the State of Georgia and of the United States. General corporate powers.

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Sec. 15. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1926. RINCON TOWN CHARTER. No. 114. An Act to incorporate the Town of Rincon in the County of Effingham; to define its corporate limits; to provide for a mayor and aldermen and other offices, and prescribe their duties, powers, and privileges; to provide for the enactment of all necessary ordinances and the enforcement 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 Town of Rincon, in the County of Effingham and said State, be and the same is hereby incorporated and made a body politic, and shall have and use a common seal; shall have perpetual succession, be able to sue and may be sued, to contract and be contracted with; shall have power to purchase, lease, hold, receive, enjoy, possess, and retain any real estate or personal estate or estates, of whatever kind or name, within its corporate limits, and to sell, exchange, lease, or convey the same, and to do all other acts as a municipal corporation not inconsistent with the laws of the laws of the State. The corporate powers of said town shall be vested in and exercised by a mayor and aldermen, under the name and style of the Town of Rincon. Town of Rincon incorporated General powers. Mayor and aldermen. Sec. 2. Be it further enacted, that the corporate limits of said town shall extend three fourths of a mile in every direction from the center of the depot or station-house of the Seaboard Ait-Line Railway in said Town of Rincon. Corporate limits. Sec. 3. Be it further enacted, that Frank Bowers be and he is hereby appointed mayor, and that Harvey H.

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Bird, Henry M. Fischer, Benjamin F. Helmly, and W. I. Smith be and they are hereby appointed aldermen of said town to hold their offices until their successors are elected and qualified as hereinafter provided. Mayor and aldermen named. Sec. 4. Be it further enacted, that on the second Thursday in December, 1927, and annually thereafter on the same Thursday mentioned, an election shall be held at some public place in said town for a mayor and four aldermen, by usual qualified voters of said town, whose terms of office shall be for one year, or until their successors elected and qualified. Said election shall be opened at eight (8) o'clock a. m. and close at four (4) o'clock p. m., to be held under the superintendence of a justice of the peace and two freeholders of said town, or by three freeholders of said town, under the forms and regulations prescribed by law for holding elections for members of the General Assembly of Georgia. All persons qualified to vote for members of the General Assembly of Georgia shall be qualified to vote in all elections held in said town. Election for mayor and aldermen. Sec. 5. Be it further enacted, that the superintendents of said election shall duly declare the result, and shall issue certificated of election to such persons as receive the highest number of legal votes polled, who shall, on the first Monday in January next following said election, qualify by taking and subscribing to the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or alderman, as the case may be) of the Town of Rincon during my continuance in office, according to the best of my ability and understanding; so help me God. Time of taking office. Oath. Sec. 6. Be it further enacted, that the said mayor and aldermen shall have power to elect a marshal, clerk, treasurer, and other officers as they may deem proper and necessary, fixing their salaries, taking their bonds, prescribing their duties and oaths, and to remove them from office, or impose fines, at the discretion of said mayor and aldermen. The officers so elected or appointed shall, before entering

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upon their duties, subscribe to the following oath before the mayor or mayor pro tem.: I do so solemnly swear that I will faithfully discharge the duties devolving upon me as marshal (or clerk, or treasurer, as the case may be) to the best of my skill and understanding; so help me God. Election of officers, etc. Oath of office. Sec. 7. Be it further enacted, that said mayor and aldermen shall, at their first meeting each year, elect one of said aldermen mayor pro tem., who shall, in case of vacancy, absence, or disqualification of the mayor perform and discharge all of the duties and exercise all authority of the office of mayor, upon taking the usual oath, and not otherwise. Mayor pro tem. Sec. 8. Be it further enacted, that said mayor and aldermen shall have power to levy and collect a tax not to exceed one half of one per centum on all property, both real and personal, within the corporate limits of said town, which may be enforced by execution issued by the clerk in the name of the mayor and aldermen, and levied by the marshal. If the property levied on be personalty, the same proceeding shall be had that now governs the sale of property under tax executions at constable's sales; but if the property levied on be realty, the marshal shall return the levy to the sheriff of Effingham County, and such property by said sheriff sold as the law directs him to sell under executions for State and county taxes when levied on realty. Also to levy and collect such special taxes on trades, businesses, occupations, theatrical exhibitions, circuses and shows of all kinds, ten-pin alleys, billiards, pooltables, itinerant traders, peddlers, bowling alleys, auctioneers, and all other trades, games, or occupations subject to special taxes under the laws of the State of Georgia, as they may deem proper. For the purpose of enforcing the payment of the taxes above enumerated or authorized, the mayor and aldermen may enact such ordinances and impose such penalties for a violation of the same as they may deem proper, not inconsistent with the constitution and laws of the State. Taxes.

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Sec. 9. Be it further enacted, that there shall be a lien on all the property of the citizens and inhabitants of said town, both real and personal, situated therein, for corporation taxes thereon, and for all fines and penalties assessed upon the owners thereof, from the date they are assessed or imposed, which shall have priority over all liens except liens in favor of the State and county. Lien for taxes, fines, etc. Sec. 10. Be it further enacted, that said mayor and aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, rules, and regulations necessary for the good government of said town, and securing and promoting the welfare, peace, prosperity, and health of its inhabitants, and to prescribe the penalties for violation of the same; and the mayor or mayor pro tem. of said town shall hold a mayor's court in said town at any time for the trial and punishment of persons guilty of violating its ordinances, by-laws, rules, and regulations, the punishment inflicted not to exceed a fine of one hundred dollars, or labor on the streets or public works of said town, or confinement in the calaboose or guardhouse, not to exceed thirty days; such fine may be collected by execution to be issued against the estate, both real and personal, of the offender. Authority as to ordinances. Mayor's court. Penalties. Sec. 11. Be it further enacted, that the marshal or other police officers of said town may arrest without a warrant any person guilty of violating any ordinance, rule, or regulation of said town, and the marshal or any other police officer of said town may summon or call on any citizen or citizens of said town to assist him in making such arrest. Arrests. Sec. 12. Be it further enacted, that said mayor pro tem. may, when any person or persons shall be arranged before the mayor's court, charged with the violation of any ordinance, rule, or regulation of said town, for good cause shown, continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his or her appearance at the

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time appointed for trial. If such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the mayor and aldermen, and an execution issued thereon by serving the defendant, if to be found within the corporate limits, and his securities with a rule nisi at least five days before the time of hearing said rule nisi; and if the defendant cannot be found, then by posting notices in three public places in said town five days before the hearing of such rule nisi. Continuance of case. Appearance bond. Forfeiture of bond. Sec. 13. Be it further enacted, that said mayor and aldermen shall provide for the working and repairing of the streets, sidewalks, and alleys of said town, and for constructing and laying out such streets, sidewalks, alleys, and similar improvements as may become necessary in their judgment, and to remove any obstructions or nuisance that may be erected or placed in same, and to that end may compel all persons resident within said town, who may be subject to road work, to work on the streets, sidewalks, and alleys of said town for a time not exceeding five days in each year, but may receive in lieu of such work a commutation fee from such persons, not to exceed five dollars, and the mayor or mayor pro tem. shall have the same power to punish defaulters as provided in this charter for the punishment of persons violating the ordinances of said town. Street work. Obstruction or nuisance. Commutation fee. Defaulters. Sec. 14. Be it further enacted, that said mayor or mayor pro tem, when in the official discarge of his duties, may fine for contempt, not to exceed fifty dollars, or labor on the streets of said town or public works of said town, or confinement in the calaboose or guardhouse of said town, not to exceed ten days. Contempt of court. Sec. 15. Be it further enacted, that the mayor or mayor pro tem. shall be during the term of his office a conservator of the peace, and have and exercise criminal jurisdiction of a justice of the peace over all offenses committed within the corporate limits of said town. Mayor's powers as justice of peace.

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Sec. 16. Be it further enacted, that any officer of this corporation who shall be guilty of malpractice of abuse of powers confided to him shall be subject to indictment in the Superior Court of Effingham County, and, on conviction, shall be punished as prescribed in section 1065 of the Penal Code of Georgia. Malpractice by officer. Sec. 17. Be it further enacted, that the mayor and aldermen shall meet once a month for the transaction of business, and not oftener, unless, in the discretion of the mayor or mayor pro. tem., it becomes necessary to have an extra meeting, and in that event the mayor or mayor pro tem. may call the aldermen together at once at the usual place of meeting. The mayor or mayor pro tem. shall preside at all meetings of the aldermen, and shall not vote except in case of a tie. The mayor or mayor pro tem. and two aldermen shall constitute a quorum for the transaction of business. Meetings of mayor and aldermen. Mayor's vote. Quorum. Sec. 18. Be it further enacted, that in case of vacancy in the office of mayor or aldermen by death, resignation, refusal to qualify, or otherwise, an election to fill such vacancy shall be ordered by said mayor and aldermen to take place at such time and place as may be specified in such order, and public notice of the same posted at three different places in said town for the period of ten days. Vacancy. Sec. 19. Be it further enacted, that the mayor and other officers of said town shall receive such compensation and pay as the mayor and aldermen shall deem proper, but their compensation shall not be increased or diminished during their term of office. Pay of mayor and aldermen. Sec. 20. 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, 1927.

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ROME CHARTER AMENDMENTS. No. 268. An Act to amend an Act entitled An Act to create a new charter and municipal government of 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, as amended; to provide for annexation of new territory and the extension of the corporate limits of said city, creation of new wards out of such territory so annexed; to provide elections for such extensions and annexations and the registration of voters therefor; to provide for improvement of the annexed territory; to provide for taking over the schools in the annexed territory and the assumption of the bonded debt incurred in the improvement of the same; to provide for the assessment of farm lands therein, to authorize the Rome City Commission to fix times of meeting, to authorize the Rome City Commission to determine to permanently or temporarily abandon, close, lease, sell, convey, or otherwise dispose of streets, lanes, alleys, avenues, and sidewalks in said city; to safeguard the constitutionality 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, that an Act entitled An Act to create a new charter and municipal government of 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, as amended, be and the same is hereby amended as follows: Act of 1918 amended. Section 1. A. That the limits of the City of Rome are hereby changed, enlarged, and extended to take in and add to said City of Rome the following territory adjacent to the present city boundary, described as beginning where

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the present city boundary line crosses Hill Street or Avenue west of Second Avenue in the Seventh ward; thence southerly along a street or alley two hundred feet, more or less, west of Second Avenue or Calyar Spring road, to said Calyar Springs Road near Christopher's property; thence easterly along north side of said Calyar Springs Road so far as it goes, and then due east to a point two hundred feet west of the west side of Dean Street or the Chulio Road; thence southerly two hundred feet from the west side of Dean Street two hundred feet south of East Twentieth Street; thence west two hundred feet south of East Twentieth Street, to a point two hundred feet south of the west end of such street; thence due west to Silver Creek; thence northerly down Silver Creek to south line of property or Anchor Duck Mills where it crosses said creek; thence westerly along said property line, crossing Cave Spring Road and then following the said property line of said Anchor Duck Mill property westerly and northerly to a point where the line of the said property of the Anchor Duck Mill touches the present city boundary near the powder houses on Blanche Street; thence easterly along the present city boundary line to beginning point at Hill Street or Avenue. Reference is hereby made to Adolph C. O. Deitz revised map of 1922 or Deitz Brothers map of the City of Rome of 1890, for names of streets, and other facts to identify and locate the lines above stated. New territory, subject to referendum. B. This section shall not, however, go into effect until ratified at separate elections to be held in the City of Rome and in the territory proposed to be annexed, as follows: At the election to be held within the present corporate limits of the City of Rome as herein provided for, all persons shall be entitled to vote who are now or may hereafter become duly qualified and registered in accordance with the provisions of the charter of the City of Rome. At the election to be held in the territory proposed to be annexed, all persons shall be entitled to vote who are duly qualified, and shall register as follows: The tax-collector of Floyd County shall open a book for the registration of persons

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residing within the aforesaid territory which it is proposed to annex, and all such persons shall be entitled to register and vote in the election hereinafter provided for, who would be qualified to register and vote for members of the General Assembly of Georgia, provided they have been continuously bona fide residents of the said territory for ninety days immediately preceding such election. The said registration book shall be opened when such election is called, and shall be closed five days before such election. The applicant for registration shall sign his name in the book, and shall state to the tax-collector his or her name, age, occupation, and place of residence; and, in addition to the usual oath required by the laws of this State, shall further make oath that he or she has been a bona fide resident of such territory for not less than ninety days immediately preceding said election. The tax-collector is hereby given authority to administer such oath. Any person registering or voting at either of said elections above referred to, who is not qualified to register or vote, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1065 of the Penal Code of Georgia. Election as to new territory. C. The Rome City Commission shall give not more than forty days nor less than thirty days notice of the time of holding such election, by resolution published at least once in a newspaper published in the City of Rome, which resolution shall instruct the secretary to open books to register voters of the City of Rome who are entitled to register for special elections as provided in section six of the city charter. Said election shall be held within four months from the passage of this Act, unless delayed by litigation, in which event they shall be held as soon as may be after such litigation is removed. Notice of election. D. The registration list of the City of Rome shall be purged in the manner provided by the charter of the City of Rome, and lists of the qualified voters furnished to the managers of the election to be held in said city. The registration list hereinbefore provided for the territory proposed to be annexed shall be purged by the registrars of the County of

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Floyd, in the manner provided by law for purging a county registration list, and certified copy of said list so purged shall be furnished to the managers of the election to be held in said territory proposed to be annexed. The election in the City of Rome shall be held in the manner provided by the charter of the City of Rome and the laws of Georgia. The election in the territory proposed to be annexed shall be held within the limits of said territory; and it shall be the duty of the ordinary of Floyd County, Georgia, to designate the place where said election shall be held, and appoint the managers of said election, appointing, if practicable, one manager who is in favor of annexation and one who is opposed thereto. Said election shall be held in the manner provided by the laws of Georgia. The separate elections hereinbefore provided for shall be held on the same day, and the polls shall be kept open during the usual hours for elections held in this State, to wit: From 7:00 o'clock a. m. to 6:00 o'clock p. m. In case a majority of the legal votes cast respectively in each of said elections shall be in favor of annexation, this section of this Act shall go into effect; but if a majority of said votes in either of said elections shall be against annexation, this section of this Act shall not become effective. Those voting for annexation of the above-described territory shall place on their ballots the words, For East Rome Annexation; and those voting against the annexation of said territory shall place on their ballots the words, Against East Rome Annexation. Purging of registration list. Election, how conducted. E. At the same time the question of annexation is voted on, the voters may write or have printed on their ballots the name of some person for whom they shall vote for commissioner from such ward, to serve in the Rome City Commission in the event the territory is annexed. Such person shall have the same qualifications as provided in the city charter for commissioners, except that he shall be a resident of the territory to be annexed, instead of being a resident of the city. In the event the elections are in favor of annexation as aforesaid, the person receiving the highest number of votes for commissioner shall be certified as such

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by the managers of the respective elections, and his election declared by the commissioners, and he shall take office the first day of January, 1928. Vote for commissioner from ward. F. The managers of the separate elections herein provided for shall respectively certify the results thereof to the Rome City Commission, which shall by resolution declare the results of said elections; and in case the result of each said elections, considered separately, is in favor of annexation, such territory shall, on December 31st, 1927, become a part of the City of Rome, and that part east of Silver Creek shall be and become a separate ward of said city. That part lying west of Silver Creek shall become a part of the fifth ward. Wards. H. It shall thereupon become the duty of the Rome City Commission to immediately cause a survey to be made and to determine the water-mains, fire-plugs, signal system and all other necessary protection, and street lights necessary to bring this territory to the same standard as other wards of the city in this respect. The said commission shall also cause a survey to be made of the school population of said territory, and shall provide immediately school facilities. The children of primary grades shall be provided facilities in the fifth ward school or the seventh ward school, or in a ward school in the territory or in any two or three such schools. Police protection and all other privileges shall immediately be furnished. Survey of new territory, as to water-mains, lights, school population, etc. I. Any lands lying in the territory annexed, used only for agricultural purposes, shall be assessed for taxes only on the value for such purpose, so long as such lands are so used. Taxes in new territory. G. All property in the district annexed shall be assessed for taxes as other property in the city, and shall pay the same rate of taxes; but all taxes collected on the property in this new ward shall be made a separate fund, and such taxes for three years shall be expended in the ward only, and only for the purposes of waterworks extension, fire protection, street maintenance, sanitary department, and

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street lighting. All other expenses of the ward and the school facilities shall be paid from other income of the city. Within five years the city shall build and equip a ward school for at least the primary grades. Same. Sec. 2. A. That the limits of the City of Rome are hereby changed, enlarged, and extended to take in and add to said City of Rome the following territory adjacent to the present city boundary, described as beginning on the south bank of the Coosa river where the present city boundary line crosses said river; thence on a straight line to the south bank at the mouth of Horse Leg Creek; thence along the south bank of Horse Leg Creek to the west line of land lot No. 241 in the 23d district and 3d section; thence north along the west line of land lots No. 241 and 240 to a point six hundred feet south of the south line of the Alabama Road or Shorter Avenue; thence westerly six hundred feet south of said road, and across the Burnett's Ferry Road, to the line of George G. Stiles property; thence northerly along the east line of said Stiles to the Alabama Road; thence across said road north to north line of right of way of Southern Railway company; thence easterly along said right of way line to west line of property of Standard Stove Range Company; thence northerly along west line of said property to northwest corner of said property; thence easterly along said line to northeast line of said property; thence due east to west line of Carson Street; thence northerly along said street to its north end; thence east to Fortune Street; thence northerly along Fortune Street to property of the W. S. Dickey Clay Products Company; thence easterly along the line of the property of said company to the Central of Georgia Railway Company; thence east across the right of way of said railway company to the northeast line of said right of way; thence southeasterly along said northeast line of said right of way to property of Romega Clay Products Company; thence easterly and southerly along the line of said company to right of way of Southern Railway Company; thence along present city boundary line to the beginning point on the Coosa River.

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References to streets, distances, locations, and directions is hereby made to Adolph C. O. Deitz's revised map of 1922, to Deitz Brothers map of the City of Rome of 1890 for names of streets and other information to identify and locate the lines above stated. Additional territory, subject to referendum. B. This section shall not, however, go into effect until ratified at separate elections to be held in the City of Rome and in the territory proposed to be annexed, as follows: At the election to be held within the present corporate limits of the City of Rome, as herein provided for, all persons shall be entitled to vote who are now or may hereafter become duly qualified and registered in accordance with the provisions of the charter of the City of Rome. At the election to be held in the territory proposed to be annexed, all persons shall be entitled to vote who are duly qualified and shall register as follows: The tax-collector of Floyd County shall open a book for the registration of persons residing within the aforesaid territory which it is proposed to annex, and all such persons shall be entitled to register and vote in the election hereinafter provided for who would be qualified to register and vote for members of the General Assembly of Georgia, provided they have been continuously bona fide residents of the said territory for ninety days immediately preceding such election. The applicant for registration shall sign his or her name in the book, and shall state to the tax-collector his or her name, age, occupation, and place of residence, and, in addition to the usual oath required by the laws of this State, shall further make oath that he or she has been a bona fide resident of such territory for not less than ninety days immediately preceding said election. The tax-collector is hereby given authority to administer such oath. Any person registering or voting at either of said elections above referred to, who is not qualified to register or vote, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1965 of the Penal Code of Georgia. Election as to additional territory. C. The Rome City Commission shall give not more than forty days nor less than thirty days' notice of the time of

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holding such election, by resolution published at least once in a newspaper published in the City of Rome, which resolution shall instruct the secretary to open books to register the voters of the City of Rome who are entitled to register for special elections, as provided in section six of the city charter. Said elections shall be held within four months from the passage of this Act, unless delayed by litigation, in which event they shall be held as soon as may be after such litigation is removed. Notice of election. D. The registration list of the City of Rome shall be purged in the manner provided by the charter of the City of Rome, and lists of the qualified voters furnished to the managers of the election to be held in said city. The registration list hereinbefore provided for the territory proposed to be annexed shall be purged by the registrars of the County of Floyd in the manner provided by law for purging a county registration list, and certified copy of said list so purged shall be furnished to the managers of the election to be held in said territory proposed to be annexed. The election in the City of Rome shall be held in the manner provided by the charter of the City of Rome and the laws of Georgia. The election in the territory proposed to be annexed shall be held within the limits of said territory; and it shall be the duty of the ordinary of Floyd County, Georgia, to designate the place where said election shall be held, and appoint the managers of said election, appointing, if practicable, one manager who is in favor of annexation and one who is opposed thereto. Said election shall be held in the manner provided by the laws of Georgia. The separate elections hereinbefore provided for shall be held on the same day, and the polls shall be kept open during the usual hours for elections held in this State, to wit: from 7:00 o'clock a. m. to 6:00 o'clock p. m. In case a majority of the legal votes cast respectively in each of said elections shall be in favor of annexation, this section of this Act shall go into effect; but if a majority of said votes in either of said elections shall be against annexation, this section of this Act shall not become effective. Those voting for

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annexation of the above-described territory shall place on their ballots the words, For West Rome Annexation; and those voting against the annexation of said territory shall place on their ballots the words, Against West Rome Annexation. Purging registration [Illegible Text]. Election, how conducted. E. At the same time the question of annexation is voted on, the voters may write or have printed on their ballots the name of some person for whom they shall vote for commissioner from such ward, to serve in the Rome City Commission in the event the territory is annexed. Such person shall have the same qualifications as provided in the city charter for commissioners, except that he shall be a resident of the territory to be annexed, instead of being a resident of the city. In the event the elections are in favor of annexation as aforesaid, the person receiving the highest number of votes for commissioner shall be certified as such by the managers of the respective elections, and his election declared by the commission, and he shall take office the first day of January, 1928. Vote for commissioner from ward. F. The managers of the separate elections herein provided for shall respectively certify the results thereof to the Rome City commission, which shall by resolution declare the results of said elections; and in case the results of each of said elections, considered separately, is in favor of annexation, such territory shall, on December 31st, 1927, become a part of the City of Rome, and shall be and become a separate ward of said city. A councilman or commissioner shall thereupon be elected for said ward, to hold office for the unexpired term of the present city commission, as provided in section 11 of the Charter. New ward. G. It shall thereupon become the duty of the Rome City Commission to immediately cause a survey to be made, and to determine the water-mains, fire-plugs, signal system and all other necessary protection, and street lights necessary to bring this territory to the same standard as other wards of the city in this respect. Police protection and all other privileges shall immediately be furnished. Survey as to watermains, lights, etc.

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H. Any lands lying in the territory annexed, used only for agricultural purposes, shall be assessed for taxes only on the value for such purpose, so long as such lands are so used. Taxes in added territory. I. All property in the districts annexed shall be assessed for taxes as other property in the city, and shall pay the same rate of taxes; but all taxes collected on the property in this new ward shall be made a separate fund, and such taxes for three years shall be expended in the ward only, and only for the purposes of waterworks extension, fire protection, street maintenance, sanitary department, and street lighting. All other expenses of the ward and the school facilities shall be paid from other income of the city. Same. J. The City of Rome shall take over the public schools in said territory, and shall assume and pay off, according to their terms, any bonds outstanding for the same. And such schools shall be and become and shall be operated as a part of the public-school system of the City of Rome. Assumption of debts. L. In case the territory described in this section is annexed as a result of the separate elections provided for, the Floyd County board of education shall provide that any territory of the present West Rome school district, not in the territory annexed to the City of Rome, shall be the West Rome school district, and upon payment of the full school tax allowed by law for school districts (but not any taxes to pay bonds or interest) the children of school age in such district shall be allowed to attend the schools of the City of Rome for a period of five years from the annexation of such territory. And the county board of education shall pay to the city board of education the per capita of State school funds, the county-wide school tax, and all the tax arising from such district, which shall be in full of the tuition of the children of such district during such time, as though they were residents of the City of Rome. West Rome school district; children to attend city schools for 5 years. Schoos funds. Sec. 3. Be it further enacted by the authority aforesaid, that section 21 of said Act approved August 19th, 1918, be amended by striking from lines four and five thereof

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the words Provided, that at least one regular meeting shall be held once each week, so that said section when so amended shall read as follows: Section 21. Be it further enacted by the authority aforesaid, that said commission shall have power to fix regular meetings at such time as they may select by resolution; they may adopt such rules and regulations for their control and guidance as they may see fit, with a right to change same at any time by a majority vote at two separate meetings; or they may suspend such rules temporarily by unanimous consent. They may meet as often in extra session as the chairman, or any two commissioners, may designate or call, provided personal notice is given to each commissioner, unless such commissioner is absent from the city. They shall keep accurate minutes of their proceedings, and shall have all their acts and doings recorded thereon, and all votes taken shall be ayes or no, and shall be made to appear on said minutes. All meetings for said commission for the transaction of business shall be open to the public. Four commissioners shall constitute a quorum at any meeting for the transaction of any business; and it shall require the affirmative vote of four commissioners to adopt any measure, ordinance, or resolution, except as in the case of the initiative or referendum as herein provided. Meetings of commission. Sec. 4. Be it further enacted by the authority aforesaid, that section 3 of the Act approved August 8th, 1924, same being an Act amending said Act approved August 19th, 1918, and granting to the City of Rome, Georgia, acting by and through the Rome City Commission, the authority to close, dispose of, and sell any street or alley within said city, be and the same is hereby stricken and repealed, and in lieu thereof the following is hereby enacted as section 3 of said Act: Substitute for Section 3 of Act of 1924. Sec. 3. Be it further enacted by the authority aforesaid, that in the event the City of Rome, Georgia, acting by and through the Rome City Commission as the governing

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authority of said city, shall at any time determine that any street, lane, alley, avenue, or sidewalk, or any part of the same, is not needed for street purposes, full power and authority is hereby expressly granted to the Rome City Commission to close, sell, and convey or otherwise dispose of any such street, lane, alley, avenue, or sidewalk, or any part of the same. Should said Rome City Commission determine that it was not desirable to permanently abandon such street, lane, alley, avenue, or sidewalk, or any part thereof, but should desire to preserve the same for future use to the city if needed for street purposes, said Rome City Commission is hereby expressly granted the power and authority to lease such street, lane, alley, avenue, or sidewalk, or any part of the same, to any person, firm, or corporation, at such annual rental and upon such terms and conditions as said Rome City Commission may deem proper, for a period not to exceed fifty years, with full power and authority to provide in such lease contract for a renewal of the same for a like period, provided the city should not require the use of the same for street purposes at the expiration of such original lease period. Power to close, sell, or lease street, etc. Sec. 5. Be it further enacted by the authority aforesaid, that in case any section or any paragraph of any section of this Act shall be declared illegal or unconstitutional by the courts, the same shall not affect the provisions of this Act not so declared to be illegal or unconstitutional. Act not invalidated by void part. 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 18, 1927. ROSSVILLE SEWERS, WATER, ZONES. No. 151. An Act to amend the charter of the City of Rossville, Walker County, Georgia, approved August 24, 1905,

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and all acts amendatory thereof, so as to authorize and empower the mayor and council of said city to enact ordinances requiring owners and occupants of buildings, lands, and other property in said city to make proper connections with the sewer and water systems in said city; establishing building zones in said city, regulating the kind, style, and use of buildings in each zone; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, that the charter of the City of Rossville, Walker County, Georgia, approved August 24, 1905, and all acts amendatory thereof, be and the same is hereby amended so as to authorize and empower the mayor and council of said city to enact ordinances requiring the owners and occupants of buildings, lands, or other property in said city to make proper connections with the sewer and water systems in said city, in all cases where the public health, safety, and general welfare may require such connections, to be determined by said mayor and council; and to enforce said ordinances in such manner and under such penalties as they may provide by appropriate ordinances. Water and sewer connections. Sec. 2. Said mayor and council are further authorized and empowered to enact ordinances establishing building zones in said City of Rossville, and regulating the kind, style, and use of buildings which may be constructed in each zone, with such appropriate restrictions as may be necessary for the promotion of the public health, safety, and general welfare and progress of said city; and to condemn and remove such buildings as do not conform to said regulations; and to enforce said ordinances in such manner and under such penalties as they may provide by appropriate ordinances. Zoning and building regulations. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 6, 1927.

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ROSWELL PUBLIC-SCHOOL TAX. No. 12. An Act to amend an Act approved August 5th, 1920, entitled an Act to amend an Act approved August 22nd, 1907, entitled an act to amend an act approved December 22nd, 1892, establishing a system of public schools in the Town of Roswell by striking from the ninth line of section one of said amending Act the words seventy-five, and inserting in lieu thereof the words one twenty-five, so as to authorize a tax levy of one dollar and twenty-five cents on the hundred dollars worth of property, both real and personal, of the Town of Roswell, for the maintenance of the public schools of said town; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section one of an Act entitled an Act to amend an act approved August 5th, 1920, amending an act to establish a system of public schools in the Town of Roswell, that said amendatory Act approved August 5th, 1920, be and the same is hereby amended by striking out the words seventy-five in the ninth line of said section one, and inserting in lieu thereof the words one twenty-five, so that said section one of said amending Act when so amended will read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act that the Mayor and council of Roswell are hereby authorized to levy and collect a tax annually, in addition to any tax now authorized by law, not to exceed one dollar and twenty-five cents on the hundred dollars, on the real and personal property of the Town of Roswell, for the purpose of establishing and maintaining a system of public schools in said town; provided, that the money so raised by taxation or otherwise shall be used for school purposes as in the Act set forth. School tax increase, subject to referendum.

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Sec. 2. Be it further enacted, that this amendment shall not take effect until the same shall have been submitted to the qualified voters of the Town of Roswell and approved by two thirds of the qualified voters voting in an election to be called for that purpose by the mayor and council of said town. At said election those who favor this amendment shall have written or printed on their ballot the words, For Amendment, and those who oppose this amendment shall have written or printed on their ballot the words, Against Amendment. If two thirds of the qualified voters of said town, voting in said election, should not vote to ratify this amendment at the first election therefor, then the mayor and council may call an election not oftener than once each year until this amendment is ratified. Election as to school tax. 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 14, 1927. SANDERSVILLE STREET ASSESSMENTS. No. 257. An Act to amend an Act of the General Assembly of Georgia, entitled An Act to amend, consolidate, and supersede the several acts incorporating the City of Sandersville in the County of Washington; to create a new charter and a municipal government for said city; and for other purposes, approved August 18, 1919, and all acts amendatory thereof, so as to provide that any and all assessments which may be levied against abutting-property owners for the cost of any pavement, drainage, or curbing which may be made on any of the streets, sidewalks, or squares of said city, shall constitute a lien upon such abutting property and against the owner thereof; to provide for the assessment against railroad companies of its share of the cost of paving where the tracks of

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such railroads are on any street required to be paved; and to provide that the Mayor and Council of the City of Sandersville may by ordinance provide for the payment of all assessments in ten equal annual installments bearing interest not exceeding six per cent. per annum, payable annually, and that the Mayor and Council of the City of Sandersville may issue, without liability to the city, street-improvement bonds or certificates of participation in said assessments, and may negotiate and sell such bonds and such certificates, using the proceeds thereof for the purpose of paying the costs and expenses of such paving; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled An Act to amend, consolidate and supersede the several acts incorporating the City of Sandersville in the County of Washington; to create a new charter and a municipal government for said city; and for other purposes, approved August 18, 1919, be and the same is hereby amended by adding to said act the following subsections to section 44 thereof: Section 44 of Act of 1919 amended. Sec. 44a. Whenever the mayor and council shall provide by ordinance for the paving and curbing either of any of the streets, sidewalks, or squares of said city at the expense of the adjacent-land owners, or abutting-property owners, then the amount which may be assessed against such abutting property shall constitute a lien upon such property, superior to all other liens except the lien for taxes, and of coequal dignity to tax liens. Lien of street assessment. Sec. 44b. The Mayor and Council of the City of Sandersville shall have full power, after assessments are made against abutting-property owners to pay the cost of paving or curbing, or either, to provide that the owner of such property shall pay the amount of such assessment in ten equal annual installments, each bearing six per cent. interest per annum, payable annually in the event such property owner fails to pay within thirty days from the date of such assessment the amount thereof. Payment of assessment in installments.

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Sec. 44c. The Mayor and Council of the City of Sandersville shall have full power and authority to issue street-improvement bonds or certificates of participation for the aggregate amount of such assessments so made for street paving, such bonds or certificates to bear interest at a rate not exceeding six per cent. per annum, interest payable annually, and shall be in denominations and payable at such times as may be fixed by the mayor and council, entitling the holder thereof to participate in the assess ments that may be levied and collected for the purpose aforesaid to the extent of the principal and interest upon such bonds; provided, one tenth of the amount of such certificates shall mature in installments each year for a period of ten years at a period not later than sixty days after the assessment installment may be due. Said bonds or certificates shall not be an obligation of the City of Sandersville, but the City of Sandersville shall be trustee for the holder of such certificates and shall collect the assessments aforesaid, applying them to the payment of said certificates. Said bonds shall be signed by the mayor and clerk of the City of Sandersville, and issued under the seal of said City. Street-improvement bonds. Sec. 44d. The City of Sandersville may negotiate and sell such bonds or certificates of participation at not less than par, and apply the proceeds to the cost and expenses of paving and curbing the streets of the city as aforesaid. Sale of bonds. Sec. 44e. Be it further enacted that the mayor and council of said city shall have the power and authority to carry out and effectuate the purposes and intent of this Act by any and all needful and necessary ordinances. Authority as as to ordinances. Sec. 45. Be it further enacted by the authority aforesaid, that section 45 of said act be amended by adding thereto the following provision: Should any railroad company fail to comply with the terms of any ordinance requiring it to pave the width between its rails and two feet on each side thereof, where its tracks are on any of the streets

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of said city, which streets by ordinance are to be paved, then the mayor and council shall have the authority to pass any and all ordinances providing for the assessment of the cost of such paving against such railroad company, which assessment shall constitute a lien upon the property of such company, and said city shall have the right to pave the track of such company and two feet on each side, under the direction of the contractor and engineer selected by the city for such purpose, at the cost of such railroad company; so that said section of said charter when amended shall read as follows: Assessment of railroad company. Sec. 45. Be it further enacted, that the said mayor and council shall have the full power and authority to enact all laws and ordinances to require any railroad or street-railroad company having or which may hereafter have tracks running along, across, or through the streets, alleys, or ways of said city, so improved, to macadamize or otherwise pave and improve, as the mayor and council may direct, the width of their tracks and two feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct; and the mayor and council shall have the power and authority to enforce the provisions of this section by proper ordinances. Should any railroad company fail to comply with the terms of any ordinance requiring it to pave the width between its rails and two feet on each side thereof, where its tracks are on any of the streets of said city, which streets by ordinance are to be paved, then the mayor and council shall have the authority to pass any and all ordinances providing for the assessment of the cost of such paving against such railroad company, which assessment shall constitute a lien upon the property of such company, and said city shall have the right to pave the track of such company and two feet on each side, under the directions of the contractor and engineer selected by the city for such purpose, at the cost of such railroad company. Section as amended.

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Sec. 45a. Be it further enacted by the authority, that all laws heretofore existing in conflict herewith be and the same are hereby repealed. Approved August 15, 1927. SANDERSVILLE TERRITORY EXTENDED. No. 285. An Act to amend an Act establishing a new charter for the City of Sandersville, approved August 18, 1919, and the several Acts amendatory thereof, by extending the limits of said city so as to annex and include the following territory to wit: All territory embraced in boundaries as follows: Beginning at the southeast corner of the property of E. L. Holmes and upon which he resides, same being in Washington County, Georgia, and upon the Sandersville and Tennille public road, same being upon the line between the property of the said Holmes and property known as the Braddy place, thence due east across the right of way of the Sandersville Railroad Company; thence along the east line of said right of way in direction of the Sandersville and Riddleville public road to point where said right of way intersects the south side of said public road; thence in the direction of the City of Sandersville and along the south side of said public road to the present limits of the City of Sandersville. And beginning at the southeast corner of the property of the said E. L. Holmes, and thence running due west to point where such line intersects the east side of the Sandersville and poor farm public road; thence along the east side of said public road in direction of Sandersville to the present limits of the City of Sandersville; thence running in an easterly direction along the present limits of the City of Sandersville to point where said present limits intersect the southern line of said Sandersville and Riddleville public road; to extend the jurisdiction of the City of

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Sandersville over said annexed territory; to make its ordinances binding upon persons and property therein, and to make the same subject to the laws, liabilities, rights, and privileges appertaining to the entire city of Sandersville; and for 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 amending, consolidating, and superseding the several Acts incorporating the City of Sandersville and creating a new charter and municipal government therefor, approved August 18, 1919, and the several Acts amendatory thereof, be and the same are hereby amended as follows: by extending the limits of the said City of Sandersville so as to annex and include in the corporate limits of said city the following territory to wit: All territory embraced in boundaries as follows: beginning at the southeast corner of the property of E. L. Holmes and upon which he resides, same being in Washington County, Georgia, and upon the Sandersville and Tennille public road, same being upon the line between the property of said Holmes and property known as the Braddy place, thence due east across the right of way of the Sandersville Railroad Company; thence along the east line of said right of way in direction of the Sandersville and Riddleville public road to point where said right of way intersects the south side of said public road; thence in the direction of the City of Sandersville and along the South side of said public road to the present limits of the City of Sandersville. And beginning at said southeast corner of the property of said E. L. Holmes and thence running due west to point where such line intersects the east side of the Sandersville and poor farm public road; thence along the east side of said public road in direction of Sandersville to the present limits of the City of Sandersville; thence running in an easterly direction along the present limits of the City of Sandersville to point where said present limits intersect the southern line of said Sandersville and Riddleville public road. Corporate limits extended.

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Sec. 2. Be it further enacted by the authority aforesaid, that the power and authority of the City of Sandersville under its present charter and ordinances, and all laws appertaining to the City of Sandersville as a municipality, are hereby extended over and made effective in every part of the territory covered and included within the limits as prescribed in this Act. The power and authority of the officers of the City of Sandersville are made co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Sandersville. The power of taxing property and of fixing and regulating license for business; to assess, issue executions for, and, in case of default, to sell the property upon which taxes are due, as now prescribed by charter and ordinances of the City of Sandersville, are extended to all the limits included under the terms of this Act. The powers of the board of health, police department, city tax-assessors and receivers, tax-collector, and all other officers of the City of Sandersville are extended to such said described annexed territory as fully and completely as they now exist within the former limits under the present charter, laws, and ordinances governing the City of Sandersville. Laws extended over new territory. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927. SANDERSVILLE VOTERS IN ELECTIONS. No. 157. To be entitled an Act to amend, consolidate, and supersede the several Acts incorporating the City of Sandersville in the County of Washington, to create a new charter and a municipal government for said city, and for other purposes, approved August 18, 1919, by striking the word male after the word all and before the

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word citizens in the 2d line of section three of said Act; and by striking the words for municipal officers of after the word State and before the word the in the 5th and 6th lines of section four of said Act, and substituting in lieu thereof the words in all elections for any purpose held in; and by striking the words for municipal officers after the word vote and before the word such in the 7th line of section five of said act, and substituting in lieu thereof the words, in all elections held in the City of Sandersville for any purpose whatever; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, An Act to amend, consolidate, and supersede the several Acts incorporating in the City of Sandersville in the County of Washington, to create a new charter and a municipal government for said city, and for other purposes, approved August 18, 1919, be and the same is hereby amended by striking the word male after the word all and before the word citizens in the 2d line of section three of said Act; and by striking the words for municipal officers of after the word State and before the word the in the 5th and 6th lines of section four of said act, and substituting in lieu thereof the words in all elections for any purpose held in; and by striking the words for municipal officers after the word vote and before the word such in the 7th line of section five of aid act, and substituting in lieu thereof the words in all elections held in the City of Sandersville for any purpose whatever. Voters in elections. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1927.

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SASSER CHARTER AMENDMENTS. No. 63. An Act to amend the Town of Sasser, Georgia, so as to authorize the voters of said town to vote for and issue bonds, to provide for waterworks, lights, public buildings, and streets, and to amend the charter for such other purposes allowed by law. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That an act to incorporate the Town of Sasser, found on page 649 of the Georgia Laws 1890-1891, be and the same is hereby amended by adding to same after section X on page 650 of said laws the following: 1. That the Mayor and Council of the Town of Sasser, Georgia, shall have the power and authority to call an election in said town for the voting on the issuance of bonds by said Town of Sasser for the purpose of establishing and maintaining a system of waterworks for supplying water to the municipality of Sasser, and for the use of the citizens of Sasser; Bond issue for waterworks, lights, buildings, and streets; election as to. 2. Also a system of lighting for lighting the streets and supplying its citizens with light; 3. Also for such public buildings as may be necessary; 4. Also for opening, maintaining, and paving such streets and sidewalks as may be necessary. That such election shall be called only after a resolution has been passed by at least two thirds of the members of the council voting therefor, together with the approval of the mayor; in case the mayor disapproves, the election may be called by an unanimous vote of the members of the council. The election shall be advertised for four weeks at the place of marshal sales, and in the newspaper as provided by law for municipal bond elections. When said bonds are voted, the Mayor and Council of Sasser shall have power to sell

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same, and expend the funds arising therefrom for the purpose voted, in such manner and at such times as their discretion may dictate. Consumers shall pay for the private use of water and lights. Sec. 2. Be it further enacted, that said election shall not be held for the voting of bonds oftener than once each year, nor less than within twelve months of each other. The mayor and council shall provide for the holding of said election, the consolidation of same, and the declaration of the result, same to be conducted as municipal bond elections are now required to be under the law. Time of election. Sec. 3. Be it further enacted, that the Mayor and Council of Sasser shall have all of the powers granted to municipalities under 2500 population, including the power to name assessors to real estate and personal property taxation, giving them the power to assess, levy, and collect a tax rate of 15 mills for the current expenses of the municipality, or such proportion of same as may be necessary. Powers of mayor and council Tax assessors; tax rate. Sec. 4. Be it further enacted, that said mayor and council may enact a law for the registration of voters in Sasser, and to limit the right to vote to those so registered. Registration of voters. Sec. 5. Be it further enacted, that all laws and parts of law in conflict with this act be and the same are hereby repealed. Approved July 27, 1927. SAVANNAH CHARTER AMENDMENTS. No. 183. An Act to alter, revise, and amend the several acts relating to incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of

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this Act the corporate limits of the City of Savannah shall be so extended as follows: Paragraph 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 east of the limits of the City of Savannah as they were of January 1st, 1924, lying within the following boundaries, to wit: Beginning at the point where the dividing line between Twickenham plantation and Ponder tract produced in a northwesternly direction would intersect the present line of the east corporate limits, thence in a southeasterly direction along said line produced and the dividing line between Twickenham plantation and the Ponder and Grimm tracts to the northwest corner of the Werm tract, thence in an easternly direction on the line between Twickenham plantation and the Werm tract to a point where the said line forms a corner with the before-mentioned Werm tract, Twickenham 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 Twickenham plantation to the corner of Hillcrest Cemetery, thence in a southeasternly 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 a 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 easterly direction to the corner of Pennsylvania Avenue, thence in a southernly direction along west line of Pennsylvania Avenue to the northeast corner of Golden tract, thence in a westernly direction along the dividing line between the Golden and the Gordonston Subdivision to a corner, thence in a southernly direction along the dividing line between said tracts to the east line

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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 a 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 northerly direction to the point of beginning. Corporate limits extended. Paragraph B. 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 limits of the City of Savannah, as of January 1st, 1924, lying between the west side of Atlantic Street as extended to 55th Street Lane, as same may be if extended from Abercorn Street East, and west from the intersection of Atlantic and 55th Street Lane as extended to the east side of Bull Street, and thence north on the east side of Bull Street to the north side of 55th Street, and thence west along the north side of what is now the north street line of 55th Street to the east side of Montgomery Street, and thence north along the east side of Montgomery street to the corporate limits of the City of Savannah. Those citizens of the State of Georgia, residents in said territory in the foregoing paragraphs A and B, upon the passage of this Act, shall become citizens of the City of Savannah and entitled to the rights, duties, and responsibilities of said city. Additional territory. Sec. 2. Be it further enacted by the authority aforesaid, that whenever in said Act of the General Assembly of the State of Georgia, approved August 18th, 1919, and found in Georgia Laws of 1919, page 1294, and following, as well as Acts amendatory thereof, and particularly in Acts of 1921, page 1080, section seven, certain duties are prescribed to be performed by the chief engineer and the assistant chief engineer of the city, such duties can be performed and carried out by the director of public works of the city in place of the chief engineer and by the city engineer in place of the assistant chief engineer; and in case of the

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absence from the city of the said city engineer, or if he is unable to act, then the assistant city engineer shall have the power and authority to act in the place and stead of the said city engineer; and when said duties are so performed by said director of public works and /or said city engineer, and / or said assistant city engineer, same shall be legal and valid and binding. Performance of city engineer's duties by assistant or director of public works. Sec. 3. Be it further enacted by the authority aforesaid: Paragraph A. When any street, lane, or other highway in the City of Savannah is to be paved, notice shall be served by the city marshal upon the owner or owners or agents of owners of the adjoining property, that all gas, water, sewerage, conduits, and other underground connections must be made to the curb-line before said paving is laid; and in the event of the refusal or failure of any such property-owner to make such connections, he may be prohibited from making any underground connections which would require the tearing up of paving for a period of five years, except under penalties the city by ordinance may impose, or the mayor and aldermen of the city shall. If said work is not done within 20 days after the service of such notice, the mayor and aldermen are empowered, and have the right to, and may make such gas, water, sewerage, conduits, or other connection as in their judgment would be necessary to keep the paving from being torn up, said connections to be run to the curb-line, without further notice to the owner of said adjoining lots, at the cost and expense of such owner, and to issue execution against such owner for such amount as it may cost them to do such work, with costs, which execution shall be issued, levied returned, and directed as tax executions against owners of returned property in said city; and further proceedings on said execution as to advertising and selling of said property shall be the same as in the case of advertisement and sale of tax executions of the city. Paving: pipe connections. Paragraph B. It is further provided, that the Mayor and Aldermen of the City of Savannah shall have full power

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and authority to direct and have installed and to make all lead connections that shall in their judgment be necessary to the city water-mains, and that shall in their judgment be necessary to prevent the paving which should be placed on any street from being torn up; and further, that they shall have authority to do the same with or without notice to the owner or owners of the adjoining lots, same to be done at the expense of such owners; and to issue executions against said owners for such amount as may cost them to do such work, with costs, which executions shall be issued in connection with the foregoing execution outlined in paragraph A of this section, or to be issued separately under the same conditions as executions are issued in paragraph A of this section. For these purposes, the person returning and claiming said lots for city taxes shall be regarded and taken to be the owner thereof; and if two or more persons make returns of and claim to own the same lot, the city authorities may proceed against all or either of them, and leave to them the settlement of the question as to who in fact is owner and liable; for all or either of them shall be liable, as between them and said city authorities, to do said work in the first instance, and for the cost of doing it by said authorities, as aforesaid, in the second instance. And where no person or persons returns or claims such property in front or adjoining which paving is to be laid for sidewalks or street purposes, to which property said gas, water, sewerage, conduits, or other underground connections should be made, then no notice shall be given, but the mayor and aldermen, shall, upon notification to them by the said marshal that no owner appears of record in the tax-assessor's office, proceed at once to do such work, and then issue execution or executions for the amount of same and costs against the property, as tax executions are now issued against non-returnable property. This section of this Act shall in no wise repeal or impair any Act heretofore passed by the General Assembly of the State of Georgia, and particularly the Act passed by the General Assembly of the State of Georgia, and approved August 17th, 1914,

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and found in Georgia laws of 1914, page 1179, or any ordinance of the City of Savannah; but same shall be in addition thereto. Same. Conflicting claims of ownership of property assessed. This Act cumulative of others. Sec. 4. Be it further enacted by the authority aforesaid, the Mayor and Aldermen of the City of Savannah shall have full power and authority to control, direct, and have made all lead connections, whether the street is to be paved or not, when said connection or connections are made to any city water-main, and to charge therefor a reasonable cost; and in case said bill is not paid, shall have, independent of any other means of collection heretofore had by the city for the collection of matters in connection with the water department, the power to issue an execution against said owner of the property to where the connection shall run, for such amount as it may cost them to do such work, with cost, or against the person requesting said work to be done which execution shall be issued, levied, and returned and directed as a tax execution against owners of returned property in said city; and to have power to proceed with said execution under the same powers and provisions of the executions issued in the foregoing section number 3 of this Act. This section of this Act shall in no wise impair or repeal any Act heretofore passed by the General Assembly of the State of Georgia, in connection with the collection of water bills, or the installation of water-mains in the City of Savannah, or any ordinances of said city, but shall be in addition thereto. Lead connections. Execution for cost of connection; levy and sale. Former acts not repealed. Sec. 5. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to appropriate from the city treasury such sum or sums as may be necessary to construct, build, or prepare a landing or flying field for airplanes, and for the erection of hangars and all things necessary for a landing or flying field for airplanes, upon such location, within or without the corporate limits of the City of Savannah in the County of Chatham, which shall be selected by the Mayor and Aldermen of the City of Savannah. The said Mayor and Aldermen of the City

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of Savannah shall have power to purchase or otherwise acquire such location; to operate and maintain such landing field after its construction; establish and enforce rules and regulations governing the use of such landing or flying field or park; to charge admission for landing in said field or park or using said field or accessories thereto, or admission for going into said field or park, as the Mayor and Aldermen of the City of Savannah shall see fit; or any committee of council appointed by the Mayor and Aldermen of the City of Savannah for such purpose shall have the power to make such rules and regulations, prescribe such fees or charges, have control and govern said landing or flying field or park; such rules and regulations or charges shall be confirmed by the Mayor and Aldermen of the City of Savannah. The Mayor and Aldermen of the City of Savannah is hereby authorized, by the authority aforesaid, to enter into an agreement or contract with any person, firm, or corporation, political or otherwise, under this Act, for the receiving of any land which should be donated to them for such purpose, or to be placed undertheir control if used for such purpose as aforesaid. The Mayor and Aldermen of the City of Savannah is hereby authorized, by the authority aforesaid, to enter into an agreement with the Park and Tree Commission of the City of Savannah, created under that Act of the General Assembly of the State of Georgia, approved November 30th, 1895, for the use of any portion of any park or public place now or hereafter under the control or management of said Park and Tree Commission, for the construction and erection of such landing or flying field or park thereon, and for the maintenance and control and operation of said landing field or park, and for the return of the money appropriated by the Mayor and Aldermen of the City of Savannah for the construction of such field or park from the income to be derived from its operations. The authority is expressly conferred upon the Park and Tree Commission to enter into such agreement by the Mayor and Aldermen of the City of Savannah. Field for airplanes. Regulation of airplanes. Agreement with Park and Tree Commission.

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The Mayor and Aldermen of the City of Savannah is hereby authorized, by the authority aforesaid, to use any park or field they now own, or over which they have control, for the purpose of a landing field for airplanes as set forth in the foregoing part of this section, and to make such rules necessary for governing such park over which they now have control, both as to admission for the use of the field hangars or any accessories in connection with said field, or for the admission to said field, and to make any rules or regulations they may deem necessary for the proper control of said field or any land or building accessories thereto. The Mayor and Aldermen of the City of Savannah is hereby authorized, by the authority aforesaid, to select such employees for the control, management, and operation of said landing or flying field or park and its amusement and recreation facilities as it may deem sufficient and proper, and shall have authority to pay the same such salaries as they deem fit and proper. Such employees so appointed, while on duty at said park or field, and for the purpose of preserving order and observing the rules and regulations for governing said park 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 said field or park at all times. Any person or persons who shall violate any rules or regulations made for the governing of said park by the Mayor and aldermen of the City of Savannah, or a committee governing the same, shall be guilty of disorderly conduct and shall be prosecuted before the police court of the City 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 both, in the discretion of the police court. Use of park for airplanes. Employees for operation of flying field, etc. Penalty for violation of regulations. 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 upon which said landing or flying field shall be located or

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the territory adjacent thereto. The Mayor and Aldermen of the City of Savannah shall have control of land in connection with said landing field or for the use thereof, and any said buildings or things thereon or connected therewith; and all provisions of that certain Act of the General Assembly of the State of Georgia, approved August 5, 1921, and found in Georgia Laws 1921, page 1084, establishing the police district of the City of Savannah, are hereby adopted as applying to said landing or flying field or fields and land adjacent thereto or buildings thereon or things connected therewith, over which the Mayor and Aldermen shall have control in connection therewith. Police jurisdiction over flying fields, etc. Sec. 6. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah shall have authority to enact zoning and planning laws whereby such city, and also its environs within the limits of Chatham County, may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the uses for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein; it being nevertheless provided, that these provisions of the within act shall only become effective if, when, and upon the passage and ratification of that certain proposed constitutional amendment entitled: An Act to propose to the qualified voters of Georgia an amendment to article 3, section 7, of the constitution of said State, by adding thereto an additional paragraph numbered 25, which shall authorize the General Assembly of said State to grant to the governing authorities of the Cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development

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and improvement of real estate therein. The General Assembly is given general authority to authorize said municipalities to pass zoning and planning laws; or other constitutional amendment of like purport. Zoning and planning laws. Sec. 8. Be it further enacted by the authority aforesaid, that the Said Mayor and Aldermen of the City of Savannah may by ordinance provide for a recorder pro tem. for the police court of Savannah, to preside in said court in the absence or disability of the recorder, and to fix a salary for such recorder pro tem. while so presiding in said court, and to provide for the qualifications of such recorder pro tem. And said recorder pro tem. shall have all the powers and authority of the recorder of said court while acting in the absence or disability of said recorder; provided that nothing herein shall be held to repeal or modify the existing provisions of laws with reference to the authority of an alderman of the city of Savannah to preside as recorder in said police court upon designation by the mayor during the absence or disability of the recorder. Recorder pro tem. Sec. 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, or any section thereof, be and the same are hereby repealed. Approved August 11, 1927. SAVANNAH SALE OF PARTS OF STREETS. No. 245. An Act to authorize the Mayor and Aldermen of the City of Savannah to sell and convey to the Savannah Gas Company, upon such terms as may be agreed upon between the said municipal corporation and the said purchaser, the northern parts of East Boundary Street and Reynolds Street; the parts of said streets, either or both of which may be sold, are the portions abutting the property of the Savannah Gas Company in Trustees

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Garden in the City of Savannah, lying north of a line extended from the southern line of lot 21, Trustees Garden, westward across East Boundary Street and eastward across Reynolds Street, and being more particularly described in the body of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Mayor and Aldermen of the City of Savannah, a municipal corporation of the State of Georgia, be and it is hereby authorized to sell and convey unto the Savannah Gas Company, upon such terms as may be agreed upon between the said municipal corporation and the said purchaser, the northern parts of East Boundary Street and Reynolds Street; the parts of said streets, either or both of which may be sold, are the portions abutting the property of the Savannah Gas Company in Trustees Garden in the City of Savannah, laying north of a line extended from the southern line of lot 21, Trustees Garden, westward across East Boundary Street and eastward across Reynolds Street. The portion of Reynolds Street to be conveyed lying between a line paralleling East Broughton Street at a distance of 82.8 feet, north of the north property line of East Broughton Street and the south property line of Bay Street. The approximate area of this portion of Reynolds Street being 38,900 square feet. The portion of East Boundary Street to be conveyed is that portion of East Boundary Street lying north of a line parallel to East Broughton Street at a distance of 78.55 feet north of the north property line of East Broughton Street. The approximate area of this portion of East Boundary Street is 4,400 square feet. Authority to sell parts of East Boundary and Reynolds Streets. 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, 1927.

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SAVANNAH SALES OF STREETS, ETC. No. 165. An Act to authorize and empower the Mayor and Aldermen of the City of Savannah to sell to abutting-property owners such streets, lanes, alleys, and / or ways in said city as do not conform to the plan of the City of Savannah as originally laid out, or as extended; or which are obsolete as streets, lanes, alleys, and / or ways; or which no longer serve the particular purposes for which the particular street, lane, alley, and / or way was originally established; 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 Mayor and Aldermen of the City of Savannah be and they are hereby authorized and empowered to sell to abutting-property owners, for such compensation as may to the Mayor and Aldermen of the City of Savannah seem reasonable and just, such streets, lanes, alleys, and / or ways as do not conform to the plan of the City of Savannah as originally laid out, or as extended; or which are obsolete as streets, lanes, alleys, and / or ways; or which no longer serve the particular purpose for which the particular street, lane, alley and / or way was originally established. No action by the Mayor and Aldermen of the City of Savannah in connection with the foregoing shall be binding on said city unless two thirds (2-3) of the aldermen present vote in the affirmative. Authority to sell streets, etc. Sec. 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1927. SAVANNAH VIADUCT CONTRACT. No. 336. An Act to ratify and confirm that certain contract dated March 3, 1927, between the Mayor and Aldermen of the

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City of Savannah, Central of Georgia Railway Company, Chatham County, and State Highway Department of Georgia, covering the construction of Bay Street viaduct from the intersection of Bay and Water Streets in the City of Savannah to a point thence west a distance approximately twenty-seven hundred (2700) feet; and to ratify and confirm the grants in said contract to Central of Georgia Railway Company of the right to use for all railroad purposes the portions of Bay Street under said viaduct, both within and beyond the city limits, and those portions of Bay Street on both sides of the viaduct, and not covered by the same, and both within and beyond the city Limits. Section 1. 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 contract between the Mayor and Aldermen of the City of Savannah, Central of Georgia Railway Company, Chatham County, and State Highway Department of Georgia, dated March 3, 1927, covering the construction of Bay Street viaduct from the intersection of Bay and Water Streets in the City of Savannah to a point thence west a distance of approximately twenty-seven hundred (2700) feet, be and the same is hereby ratified and confirmed. Ratification of contract as to construction of Bay Street viaduct. Sec. 2. Be it further enacted by the authority aforesaid, that the grant contained in said contract by the Mayor and Aldermen of the City of Savannah to Central of Georgia Railway Company of the right to use for all railroad purposes that portion of Bay Street under the viaduct and those portions of Bay Street on both sides of the viaduct and not covered by the same, be and the same is hereby ratified and confirmed. Grant of right to use part of Bay Street for railroad purposes. Sec. 3. Be it further enacted by the authority aforesaid, that the grant in said contract by Chatham County and State Highway Department of Georgia to Central of Georgia Railway Company of the right to use for all railroad purposes that portion of the roadway of Bay Street

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under the viaduct and beyond the city limits, and those portions of the roadway of Bay Street on both sides of the viaduct and not covered by the same, and beyond the limits of the city, be and it is hereby ratified and confirmed. Same. Sec. 4. Be it further enacted, that all Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. Approved August 20, 1927. SMYRNA WATERWORKS AND SEWERAGE. No. 168. An Act to amend an Act entitled an Act to amend and supersede the Act incorporating the Town of Smyrna, in Cobb County, which Act was approved December the 8th, 1897, and to amend the charter of said town, and for other purposes, approved August 21st, 1911, and Acts amendatory thereof, so as to authorize the Mayor and Council of the said Town of Smyrna, in the County of Cobb, to construct, purchase, lease, or otherwise acquire systems of waterworks and sewerage for the benefit and use of the said town, and of the citizens thereof, and to operate and maintain the same; to provide for the acquisition of property, both real and personal inside and outside of the incorporate limits of the said Town; that may be necessary for said purposes, by purchase, condemnation, or otherwise; to authorize the mayor and council of said town to order and have held an election or 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 in such sum or sums as the mayor and council of said town may deem right and proper, the aggregate amount of which shall not exceed the amount allowed by the constitution of the State of Georgia; to authorize the sale of said bonds by

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the mayor and council of said town to pay for the construction, purchasing, leasing, or otherwise acquiring a system of waterworks for the benefit and use of the said town, and for so much of the system of sewerage for the benefit and use of the said town as shall not be chargeable or assessable against the abutting property or owners thereof; to authorize the assessing, levying, and collection of a tax upon all of the property, both real and personal, in the said town, for the purpose of paying the principal and interest of said bonds; to authorize the mayor and council of said town to lay down, construct, and repair sewers and a sewerage system in said town, including the disposition of sewerage matter, and assess the cost thereof against the abutting owners upon a petition of a majority of said owners for the laying and construction of such sewers; to declare liens and authorize the issuance of execution against abutting properties and owners thereof for the cost of such sewers or sewerage system; to provide that no cost for the laying or construction of outfall sewers which do not benefit or serve any property through which they run, or for the construction and maintenance of any septic-tanks, or for the right of way of such outfall sewers or property upon which the septic-tanks shall be located, or the expenses incurred for engineering, surveying, grading, or installation of such outfall sewers or septic-tanks shall be assessed against any abutting property or owner thereof, but shall be paid out of the general fund of said town, or any special fund for sewers or sewerage system; to provide for the laying or construction of any such sewers or sewerage system, allowing all parties at interest a hearing before said mayor and council upon any objection offered against the passage of such ordinance; to require any party subject to such assessment to begin legal proceedings to prevent the same within fifteen days from the passage of an ordinance for the laying or construction of such sewers or sewerage system; to provide for furnishing a statement to the abutting owners of such property served or benefited by such sewers or sewerage

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system, of the cost thereof, and to provide a method for such owner or owners to contest the amount of such cost by affidavit of illegality to the execution issued therefor, and to provide said affidavit as a remedy to such owners to contest the cost of the laying or construction of such sewers or sewerage system as may be laid or constructed by said mayor and council, for the laying or construction of which such owner or owners shall be liable for assessment; to provide when such assessments shall become due, with the option to the person, company, or corporation liable therefor to pay the same in cash, or one fifth in cash and the balance in four equal annual installments bearing interest at the rate of seven per cent. per annum from the date of the ordinance authorizing the laying or construction of such sewer or sewerage system, by giving notes for such deferred payments payable to the said mayor and council; to provide for the transfer of an execution issued for any assessment by the marshal of said town, and for the redemption of property sold under said execution; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act to amend and supersede the Act incorporating the Town of Smyrna, in Cobb County, which Act was approved December the 8th, 1897, and to amend the charter of said town, and for other purposes, approved August 21, 1911, and Acts amendatory thereof, be and the same are hereby amended, so as to authorize and empower the Mayor and Council of the Town of Smyrna, in the County of Cobb, State of Georgia, 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 said town. The action of the mayor and council in declaring

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the necessity, propriety, or expediency 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 particular shall never be called in question in any court of this State. See page 1552. Acts amended. Authority to construct waterworks and sewerage, to acquire land, etc. Sec. 2. Be it further enacted by the authority aforesaid, that in the event the said Mayor and Council of the Town of Smyrna can not procure, by purchase or gift, 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 council 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 said 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. Condemnation of land for waterworks, etc. Sec. 3. Be it further enacted by the authority aforesaid, that the said systems of waterworks and sewerage herein provided for shall be erected at such place or places, and maintained and operated in such manner and style, as the Mayor and Council of said Town of Smyrna shall deem for the best interests of said town and its citizens, and said mayor and council 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, and the rates to be charged therefor, as they may deem right and proper. Authority as to ordinances relative to waterworks, etc. Sec. 4. Be it further enacted by the authority aforesaid, that the Mayor and Council of the Town of Smyrna are hereby authorized and empowered to call and have held an election or elections by the qualified voters of said town, in accordance with the provisions of the laws of Georgia, at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued

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by the said town in such sum or sums as the mayor and council may deem right and proper, the aggregate amount of which shall not exceed the amount allowed by the constitution of the State of Georgia. Bonds may be issued and sold by the Mayor and Council of the said Town of Smyrna to pay for the construction, purchase, leasing, or otherwise acquiring a system of waterworks for the benefit and use of the said town, and to pay for so much of the cost of the system of sewerage for the benefit and use of the said town as shall not be chargeable or assessable against the abutting property or owners thereof, as hereinafter provided. Election as to bond issue. Sec. 5. Be it further enacted by the authority aforesaid, that the mayor and council of said town shall have the power to designate, as they may deem expedient, not in conflict with the general law of this State, the maturity or maturities of such bonds, the denominations thereof, the rate of interest they are to bear, not exceeding six per cent. (6%) per annum, when and where payable, and the form of such bonds. All bonds shall be signed in the name of the Town of Smyrna, by the mayor, and countersigned by the clerk, and shall have affixed thereto the corporate seal of the said town. Denominations of bonds, rate of interest, etc. Sec. 6. Be it further enacted by the authority aforesaid, that before issuing said bonds, the question of issuing the same shall be submitted to the voters of the Town of Smyrna on a day to be designated by the mayor and council of said town, 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 days before such election. All persons voting in such election shall have written or printed on their ballots the words For Waterworks Bonds, or the words Against Waterworks Bonds, or the words For Sewerage Bonds, or the words Against Sewerage Bonds, as the case may be; and should the result of said election be in favor of the issuance of said bonds under the provisions of the Act approved August 20, 1918, to amend

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paragraph 1, section 7, article 7 of the constitution of the State of Georgia (Acts, 1918, page 99), authorizing the issuance of bonds by municipalities, the Mayor and Council of the Town of Smyrna shall so declare, and issue the said bonds. Said bonds, when so issued, shall be sold by the mayor and council in such way as may seem most advantageous for said town, for not less than par, and the proceeds thereof shall be used by said town for the purpose for which said bonds were issued, and for no other purpose. Notice of election as to bonds. Ballots. Sale of bonds. Sec. 7. Be it further enacted by the authority aforesaid, that at or before the time of issuing any of said bonds, the Mayor and Council of the said Town of Smyrna 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, within the incorporate limits of the said Town of Smyrna, in such sums as they may deem 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 so 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 such 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 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 mayor and council. Tax to pay interest on bonds and create sinking fund. Sec. 8. Be it further enacted by the authority aforesaid, that all elections held under the provisions of this Act shall be held under the same rules and regulations as govern general elections in said town, and no one shall be entitled to vote at said election who is not qualified to vote in general elections for mayor and councilmen of the said town. The superintendents of such elections shall

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make returns in open session between nine and ten o'clock a. m., on the next day succeeding the elections, and declare the results thereof, which shall be entered on the book kept by the Mayor and Council of the Town of Smyrna for the record of the proceedings. Election regulations. Record of result. Sec. 9. Be it further enacted by the authority afore said, that if the first election held under this Act, as herein provided for, shall be against the issuance of bonds, they, the mayor and council of said town, may, at any time after the expiration of one year from the date of said first election, order another election under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the legal voters of said town in the manner provided by law. In the event that the first election under this Act shall be in favor of said bonds, then should any subsequent election be against the issue of said bonds, said mayor and council may, at any time after the expiration of one year from the date of any subsequent election which resulted against the issuance of said bonds, order another election under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the legal voters of said town in the manner provided by law. Second election, etc. Sec. 10. Be it further enacted by the authority aforesaid, that the mayor and council of said town are authorized and empowered to lay down, construct, and install sewers and a sewerage system in said town, along any street, avenue, public alley, other public place, or any portion thereof, in said town, upon petition therefor as hereinafter provided, and assess the cost thereof upon the owners of the property abutting on such street, avenue, public alley, or other public place. Sewerage; assessment of cost. Sec. 11. Be it further enacted by the authority aforesaid, that the cost of laying such sewer, sewers, or sewerage system, along any street, avenue, public alley, or other public place, or portion thereof, shall be assessed against the abutting-property owners on each side of the street,

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avenue, public alley, or other public place, or portion thereof, along which said sewer, sewers, or sewerage system is laid. Same. Sec. 12. Be it further enacted by the authority aforesaid, that the assessment against each abutting owner under the provisions of this Act shall be pro rata and determined by the amount of the frontage of such owner upon the street, avenue, public alley, or other public place along which such sewer or sewers are laid. Mode of assessment. Sec. 13. Be it further enacted by the authority aforesaid, that the mayor and council of said town are authorized and empowered to lay, construct, and install such outfall sewer or sewers and septic-tank or septic-tanks as to them may seem right, proper, and necessary to dispose of the sewerage matter of said town, and to lay and construct sewer lines and sewers at street intersections, the cost of the laying, construction, and maintenance of which together with the cost of the rights-of-way for such outfall sewer or sewers, and the property upon which the septic-tank or septic-tanks shall be located, and the expense incurred for the engineering, surveying, grading, and installation of such sewer lines and sewers at street intersections, outfall sewers or septic-tanks, shall be paid by the said town out of its general funds, or any special fund for sewers or sewerage system, and no part of such cost shall be assessed against any property owner. Expenses to be paid by town and not by assessment. Sec. 14. Be it further enacted by the authority aforesaid, that no sewer or sewer line shall be laid along any street, avenue, alley, or other public place 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 lay such sewer or sewer line by a majority of the persons, companies, or corporations, or the owner or owners of a majority of the front footage of abutting property on both sides of the street, avenue, alley, or other public place, or portion thereof, subject to assessment for the cost of laying such sewer or

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sewer line along such street, avenue, alley, or other public place, or portion thereof; provided, however, that in the event it should be deemed necessary or proper by the mayor and council of said town to lay, construct, and install a sewer or sewer line along both sides of any street, avenue, alley, or public place, or any portion thereof, that such sewer or sewer line may be laid and constructed along either side of such street, avenue, alley, or portion thereof, upon the petition of a majority of the persons, companies, or corporations, or the owner or owners of a majority of the front footage of abutting property on the side of the street, avenue, alley, public place, or any portion thereof, along which such sewer or sewer line is to be laid, who would be subject to assessment for the cost thereof. Ordinance to precede laying of sewers. Petition for sewer. Sec. 15. Be it further enacted by the authority aforesaid, that in determining the number of petitioners for the construction, installation, and laying of a sewer or sewer line under this Act, each company or corporation shall be counted as one person, and a majority in interests of owners' undivided interests shall be counted as one person; provided, that in any case where the construction and laying of the sewer or sewer line is petitioned for by the owner or owners of a majority of the frontage of abutting property, such owner or owners shall be counted as a majority of the persons, companies, or corporations subject to assessment for the laying of the sewer or sewer line petitioned for. Number of petitioners for sewer, how determined. Sec. 16. Be it further enacted by the authority aforesaid, that the ordinance authorizing the construction, laying, and installation of any sewer or sewer line along any street, avenue, alley, or other public place, or portion thereof, under the provisions of this Act, shall describe the general character of the sewer or sewer line to be constructed or laid, the material to be used, and such other matters as shall be necessary to enable the preparation of the proper plans and specifications for the sewer or sewer line proposed to be laid; and pending the consideration of such ordinance an advertisement shall be inserted at least one time in the newspaper published in the County

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of Cobb in which the advertisements of sheriff's sales in said county are published, before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the street, avenue, public alley, public place, or portion thereof, along which such sewer line or sewer is to be laid, the estimated cost per front foot, and it shall set forth that the property owners or others interested are notified to appear at a meeting of said mayor and council to be held at a time stated in said advertisement and make any objection that they may desire to urge against the passage of such ordinance, and a copy of such advertisment shall be mailed to each person, company, or corporation whose post-office address is known, fifteen days before said meeting for hearing objections. At the time named in said advertisement, if any property-owner or other person desires to make objection to the passage of such ordinance, full opportunity shall be given at said meeting, and after hearing objections, if any are made to the passage of such ordinance, said mayor and council shall have the right and power, in their discretion, to order the construction and laying of such sewer or sewer line, 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 the laying and construction of such sewer or sewer line, who does not, within fifteen days thereafter, begin legal proceedings to prevent said assessment being made, shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment hereinafter provided for may be made. Thereupon it shall be the duty of said mayor and council to forthwith cause the sewer or sewer line to be laid and constructed, in accordance with the plans and specifications as prepared. When completed, an ordinance shall be passed assessing the cost thereof as provided in this Act. The assessing ordinance shall thereupon assert a lien upon each portion of the property abutting upon the street, avenue, alley, or other public place, or portion thereof, along which said sewer or sewer line is laid and constructed, for the amount of

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the assessment, against the owner thereof, to date back to the approval of the original ordinance and declare the same at the time said ordinance is passed. Ordinance authorizing construction of sewer, contents of Notice of ordinance, etc. Copy to be mailed. Hearing of objections. Limit of time for proceeding to prevent assessment. Lien of assessment. Sec. 17. Be it further enacted by the authority aforesaid, that after the adoption of the ordinance provided for in section 16 of this Act, a written statement shall be furnished by the clerk of the mayor and council of said town to each abutting owner, person, company, or corporation subject to assessment, herein provided for, showing his, her, or its pro rata part of such assessment, and it shall be the duty of such person, company, or corporation, so notified, to pay said clerk, within thirty days after the receipt of such statement, the entire amount of the assessment against such person, firm, or corporation; provided, that any person, firm, or corporation so notified shall have the right to pay the assessment so levied in five installments to be paid as follows: 20 per cent. within thirty days after the receipt of said notice, and the remaining 80 per cent. in four annual installments of 20 per cent. each, such deferred payments to be evidenced by promissory notes bearing interest from date until paid at the rate of 7 per cent. per annum, payable annually and to said mayor and council or order. The benefit of the payment by installment may be taken advantage of by any such property-owner, company, or corporation by giving notes for the deferred payments as herein provided, at the time of making the cash payment. In the event any property-owner, company, or corporation shall desire to pay the balance due under such assessment after exercising the option to pay installments, as hereinbefore provided, at any time before the maturity of such installments, such party so wishing and offering to pay shall pay the principal and interest due up to date of payment. The notice for assessment herein provided for shall be served personally upon each of said property-owners and 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 that said notice or statement

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be mailed to said property-owner or agent at the last post-office 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 by reason of which such assessment is made. Notice of amount of assessment. Payment in installments. Option to pay balance. Service of notice. Sec. 18. Be it further enacted by the authority aforesaid, that if any person or persons, company or corporation, shall fail or refuse to pay to the clerk of the mayor and council of said town his, her, or its assessment as required by this Act, at the expiration of thirty days after the service of the statement, as provided in the preceding section, or in lieu thereof fully comply with the provisions of said section relating to the payment of such assessment, said clerk will be authorized to issue execution bearing test in the name of the mayor of said town, and specifying the improvement for which it is issued against the owner and also the property of such owner abutting upon the street, avenue, alley, or other public place or portion thereof, along which such sewer or sewer line is laid, which execution will be a lien against such property from the date of the ordinance authorizing the laying of such sewer or sewer line, and bearing interest at the rate of seven per cent. per annum from the date on which it is issued. Said execution, when issued, shall be delievered to the marshal of said town, who shall execute the same by levying and selling the property described therein for the amount due, together with all cost that may accrue thereon. The law applicable to sales under other executions issued by said town shall apply as to the levy, notice, advertisement, and sale made under said execution, and said marshal shall have authority to execute deeds when the property is sold, and deliver the immediate possession thereof to the purchaser. Execution for assessment. Lien of execution. Levy and sale. Sec. 19. Be it further enacted by the authority aforesaid, that the passage of the ordinance for laying and constructing a sewer line or sewer along a street, or part of street, public alley, or other public place in said town, together with the ordinance assessing the cost of the same, and asserting liens against property abutting thereon, shall,

Page 1551

when properly entered on the minutes of the mayor and council, be notice of such lien from the date of the approval of such ordinance for the laying of such sewer or sewer line, as full and complete as if the same were in the shape of an execution and entered on docket of the clerk of the superior court under the general registration law. Lien of sewer assessment. Sec. 20. Be it further enacted by the authority aforesaid, that the marshal of said town shall be authorized to transfer and assign any execution issued under the provisions of this Act, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers under other executions issued by said town. Transfer of execution. Sec. 21. Be it further enacted by the authority aforesaid, that any defendant in such execution or owner of property against which the same is issued shall have the right to file an affidavit of illegality, upon the ground that the same 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, to 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 fifteen days after the passage of the ordinance authorizing the laying of such sewer or sewer lines, begun legal proceedings to prevent the assessment for the cost thereof, shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made; otherwise the law relating to illegalities shall 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, where it shall be tried at the first term of the court under the law of this State that is applicable to the trial of illegalities, and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right of appeal to the Supreme Court as in cases of illegality originating from executions issued by the superior courts of this State. Affidavit of illegality. Limit of time for proceeding to prevent assessment. Review by Supreme Court.

Page 1552

Sec. 22. The Mayor and Council of the Town of Smyrna shall have authority to pass such ordinances and do such other Acts as may be necessary to give full force and effective operation to the provisions of this amendment. Authority as to ordinances, etc. Sec. 23. Be it further enacted by 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, 1927. SMYRNA WATERWORKS AND SEWERAGE. No. 192. An Act to amend an Act entitled An Act to amend and supersede the Act incorporating the Town of Smyrna, in Cobb County, which Act was approved December the 8th, 1897, and to amend the Charter of said Town, and for other purposes, approved August 21st, 1911, and Acts amendatory thereof, so as to authorize the Mayor and Council of the said Town of Smyrna, in the County of Cobb, to construct, purchase, lease, or otherwise acquire systems of waterworks and sewerage for the benefit and use of the said town, and of the citizens thereof, and to operate and maintain the same; to provide for the acquisition of property, both real and personal, inside and outside of the incorporate limits of the said town; that may be necessary for said purposes, by purchase, condemnation, or otherwise; to authorize the mayor and council of said town to order and have held an election or 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 the said town in such sum or sums as the mayor and council of said town may deem right and proper, the aggregate amount of which shall not exceed the amount allowed by the

Page 1553

constitution of the State of Georgia; to authorize the sale of said bonds by the mayor and council of said town to pay for the construction, purchasing, leasing, or otherwise acquiring a system of waterworks for the benefit and use of the said town, and for so much of the system of sewerage for the benefit and use of the said town as shall not be chargeable or assessable against the abutting property or owners thereof; to authorize the assessing, levying, and collecting of a tax upon all of the property, both real and personal, in the said town, for the purpose of paying the principal and interest of said bonds; to authorize the mayor and council of said town to lay down, construct, and repair sewers and a sewerage system in said town, including the disposition of sewerage matter, and assess the cost thereof against the abutting owners upon a petition of a majority of said owners for the laying and construction of such sewers; to declare liens and authorize the issuance of execution against abutting properties and owners thereof for the cost of such sewers or sewerage system; to provide that no cost for the laying or construction of outfall sewers which do not benefit or serve any property through which they run, or for the construction and maintenance of any septic-tanks, or for the right of way of such outfall sewers or property upon which the septic-tanks shall be located, or the expenses incurred for engineering, surveying, grading, or installation of such outfall sewers or septic-tanks shall be assessed against any abutting property or owner thereof, but shall be paid out of the general fund of said town, or any special fund for sewers or sewerage system; to provide for the laying or construction of any such sewers or sewerage system, allowing all parties at interest a hearing before said mayor and council upon any objection offered against the passage of such ordinance; to require any party subject to such assessment to begin legal proceedings to prevent the same within fifteen days from the passage of an ordinance for the laying or construction of such sewers or sewerage system; to provide for furnishing a statement

Page 1554

to the abutting owners of such property served or benefited by such sewers or sewerage system, of the cost thereof, and to provide a method for such owner or owners to contest the amount of such cost by affidavit of illegality to the execution issued therefor, and to provide said affidavit as a remedy to such owners to contest the cost of the laying or construction of such sewers or sewerage system as may be laid or constructed by said mayor and council, for the laying or construction of which such owner or owners shall be liable for assessment; to provide when such assessments shall become due, with the option to the person, company, or corporation liable therefor to pay the same in cash, or one fifth in cash and the balance in four equal annual installments bearing interest at the rate of seven per cent. per annum from the date of the ordinance authorizing the laying or construction of such sewer or sewerage system, by giving notes for such deferred payments, payable to the said mayor and council; to provide for the transfer of any execution issued for any assessment by the marshal of said town, and for the redemption of property sold under said execution; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act to amend and supersede the Act incorporating the Town of Smyrna, in Cobb County, which Act was approved December the 8, 1897, and to amend the charter of said town, and for other purposes, approved August 21, 1911, and the Acts amendatory thereof, be and the same are hereby amended, so as to authorize and empower the Mayor and Council of the Town of Smyrna, in the County of Cobb, State of Georgia, 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

Page 1555

acquire, by purchase, gift, or condemnation proceedings, all necessary lands, easements, and franchises, either within or without the incorporate limits of said town. The action of the mayor and council in declaring the necessity, propriety, or expediency 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 particular shall never be called in any court of this State. This Act indentical with Act on page 1539. Acts amended. Authority to construct waterworks and sewerage to acquire land, etc. Sec. 2. Be it further enacted by the authority aforesaid, that in the event the said Mayor and Council of the Town of Smyrna can not procure, by purchase or gift, 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 council 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 said 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. Condemnation of land for waterworks, etc. Sec. 3. Be it further enacted by the authority aforesaid, that the said systems of waterworks and sewerage herein provided for shall be erected at such place or places, and maintained and operated in such manner and style, as the Mayor and Council of said Town of Smyrna shall deem for the best interests of said town and its citizens, and said mayor and council 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, and the rates to be charged therefor, as they may deem right and proper. Authority as to ordinances relative to waterworks, etc. Sec. 4. Be it further enacted by the authority aforesaid, that the Mayor and Council of the Town of Smyrna are hereby authorized and empowered to call and have held an election or elections by the qualified voters of said

Page 1556

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 the said town in such sum or sums as the mayor and council may deem right and proper, the aggregate amount of which shall not exceed the amount allowed by the constitution of the State of Georgia. Bonds may be issued and sold by the Mayor and Council of the said Town of Smyrna to pay for the construction, purchase, leasing, or otherwise acquiring a system of waterworks for the benefit and use of the said town, and to pay for so much of the cost of the system of sewerage for the benefit and use of the said town as shall not be chargeable or assessable against the abutting property or owners thereof, as hereinafter provided. Election as to bond issue. Sec. 5. Be it further enacted by the authority aforesaid, that the mayor and council of said town shall have the power to designate, as they may deem expedient, not in conflict with the general law of this state, the maturity or maturities of such bonds, the denominations thereof, the rate of interest they are to bear, not exceeding six per cent. (6%) per annum, when and where payable, and the form of such bonds. All bonds shall be signed in the name of the Town of Smyrna, by the mayor, and countersigned by the clerk, and shall have affixed thereto the corporate seal of the said town. Denominations of bonds, interest, etc. Sec. 6. Be it further enacted by the authority aforesaid, that before issuing said bonds, the question of issuing the same shall be submitted to the voters of the Town of Smyrna on a day to be designated by the mayor and council of said town, 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 days before such election. All persons voting in such election shall have written or printed on their ballots the words For Waterworks Bonds, or the words Against Waterworks Bonds or the

Page 1557

words For Sewerage Bonds, or the words Against Sewerage Bonds, as the case may be; and should the result of said election be in favor of the issuance of said bonds under the provisions of the Act approved August 20, 1918, to amend paragraph 1, section 7, article 7 of the constitution of the State of Georgia (Acts 1918, p. 99), authorizing the issuance of bonds by municipalities, the Mayor and Council of the Town of Smyrna shall so declare, and issue the said bonds. Said bonds, when so issued, shall be sold by the mayor and council in such way as may seem most advantageous for said town, for not less than par, and the proceeds thereof shall be used by said town for the purpose for which said bonds were issued, and for no other purpose. Notice of election as to bonds. Ballots. Sec. 7. Be it further enacted by the authority aforesaid, that at or before the time of issuing any of said bonds, the Mayor and Council of the said Town of Smyrna 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, within the incorporate limits of the said Town of Smyrna, in such sums as they may deem 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 so 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 such 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 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 mayor and council. Tax to pay interest on bonds and create sinking fund. 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

Page 1558

as govern general elections in said town, and no one shall be entitled to vote at said election who is not qualified to vote in general elections for mayor and councilmen of the said town. The superintendents of such elections 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 Council of the Town of Smyrna for the record of their proceedings. Election regulations. Record of result. Sec. 9. Be it further enacted by the authority aforesaid, that if the first election held under this act, as herein provided for, shall be against the issuance of bonds, they, the mayor and council of said town, may, at any time after the expiration of one year from the date of said first election, order another election under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the legal voters of said town in the manner provided by law. In the event that the first election under this Act shall be in favor of said bonds, then should any subsequent election be against the issue of said bonds, said mayor and council may, at any time after the expiration of one year from the date of any subsequent election which resulted against the issuance of said bonds, order another election under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the legal voters of said town in the manner provided by law. Second election, etc. Sec. 10. Be it further enacted by the authority aforesaid, that the mayor and council of said town are authorized and empowered to lay down, construct, and install sewers and a sewerage system in said town, along any street, avenue, public alley, other public place, or any portion thereof, in said town, upon petition therefor as hereinafter provided, and assess the cost thereof upon the owners of the property abutting on such street, avenue, public alley, or other public place. Assessment for sewer. Sec. 11. Be it further enacted by the authority aforesaid, that the cost of laying such sewer, sewers, or sewerage

Page 1559

system, along any street, avenue, public alley, or other public place, or portion thereof, shall be assessed against the abutting-property owners on such side of the street, avenue, public alley, or other public place, or portion thereof, along which said sewer, sewers, or sewerage system is laid. Same. Sec. 12. Be it further enacted by the authority aforesaid, that the assessment against each abutting owner under the provisions of this act shall be pro rata and determined by the amount of the frontage of such owner upon the street, avenue, public alley, or other public place along which such sewer or sewers are laid. Mode of assessment. Sec. 13. Be it further enacted by the authority aforesaid, that the mayor and council of said town are authorized and empowered to lay, construct, and install such outfall sewer or sewers and septic-tank or septic-tanks as to them may seem right, proper, and necessary to dispose of the sewerage matter of said town, and to lay and construct sewer lines and sewers at street intersections, the cost of the laying, construction, and maintenance of which, together with the cost of the rights of way for such outfall sewer or sewers, and the property upon which the septic-tank or septic-tanks shall be located, and the expense incurred for the engineering, surveying, grading, and installation of such sewer lines and sewers at street intersections, outfall sewers, or septic-tanks, shall be paid by the said town out of its general funds, or any special fund for sewers or sewerage system, and no part of such cost shall be assessed against any property-owner. Expenses to be paid by town and not by assessment. Sec. 14. Be it further enacted by the authority aforesaid, that no sewer line shall be laid along any street, avenue, alley, or other public place, 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 lay such sewer or sewer line by a majority of the persons, companies, or corporations, or the owner or owners of a majority of the front

Page 1560

footage of abutting property on both sides of the street, avenue, alley, or other public place, or portion thereof, subject to assessment for the cost of laying such sewer or sewer line along such street, avenue, alley, or other public place, or portion thereof; provided, however, that in the event it should be deemed necessary or proper by the mayor and council of said town to lay, construct, and install a sewer or sewer line along both sides of any street, avenue, alley, or public place, or any portion thereof, then such sewer or sewer line may be laid and constructed along either side of such street, avenue, alley, or portion thereof, upon the petition of a majority of the persons, companies or corporations, or the owner or owners of a majority of the front footage of abutting property on the side of the street, avenue, alley, public place, or any portion thereof, along which such sewer or sewer line is to be laid, who would be subject to assessment for the cost thereof. Ordinance to precede laying of sewer. Petition for sewer. Sec. 15. Be it further enacted by the authority aforesaid, that in determining the number of petitioners for the construction, installation, and laying of a sewer or sewer line under this act, each company or corporation shall be counted as one person, and a majority in interests of owners' undivided interests shall be counted as one person; provided, that in any case where the construction and laying of the sewer or sewer line is petitioned for by the owner or owners of a majority of the frontage of abutting property, such owner or owners shall be counted as a majority of the persons, companies, or corporations subject to assessment for the laying of the sewer or sewer line petitioned for. Mode of determining number of petitioners or majority. Sec. 16. Be it further enacted by the authority aforesaid, that the ordinance authorizing the construction, laying, and installation of any sewer or sewer line along any street, avenue, alley, or other public place, or portion thereof, under the provisions of this act, shall describe the general character of the sewer or sewer line to be constructed or laid, the material to be used, and such other

Page 1561

matters as shall be necessary to enable the preparation of the proper plans and specifications for the sewer or sewer line proposed to be laid, and pending the consideration of such ordinance an advertisement shall be inserted at least one time in the newspaper published in the County of Cobb in which the advertisements of sheriff's sales in said county are published, before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the street, avenue, public alley, public place, or portion thereof, along which such sewer line or sewer is to be laid, the estimated cost per front foot; and it shall set forth that the property-owners or others interested are notified to appear at a meeting of said mayor and council to be held at a time stated in said advertisement and make any objection that they may desire to urge against the passage of such ordinance, and a copy of such advertisement shall be mailed to each person, company, or corporation whose post-office address is known, fifteen days before said meeting for hearing objections. At the time named in said advertisement, if any property-owner or other person desires to make objection to the passage of such ordinance, full opportunity shall be given at said meeting; and after hearing objections, if any are made, to the passage of such ordinance, said mayor and council shall have the right and power, in their discretion, to order the construction and laying of such sewer or sewer line, 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 the laying and construction of such sewer or sewer line, who does not, within fifteen days thereafter, begin legal proceedings to prevent said assessment being made, shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment hereinafter provided for may be made. Thereupon it shall be the duty of said mayor and council to forthwith cause the sewer or sewer line to be laid and constructed, in accordance with the plans and specifications as prepared. When completed, an ordinance shall be passed assessing the

Page 1562

cost thereof as provided in this Act. The assessing ordinance shall thereupon assert a lien upon each portion of the property abutting upon the street, avenue, alley, or other public place, or portion thereof, along which said sewer or sewer line is laid and constructed, for the amount of the assessment, against the owner thereof, to date back to the approval of the original ordinance, and declare the same at the time said ordinance is passed. Ordinance authorizing construction. Notice of ordinance. Hearing of objections. Assessment of cost. Sec. 17. Be it further enacted by the authority aforesaid, that after the adoption of the ordinance provided for in section 16 of this act, a written statement shall be furnished by the clerk of the mayor and council of said town, to each abutting owner, person, company, or corporation subject to assessment herein provided for, showing his, her, or its pro rata part of such assessment, and it shall be the duty of such person, company, or corporation, so notified, to pay said clerk within thirty days after the receipt of such statement, the entire amount of the assessment against such person, firm, or corporation; provided, that any person, firm, or corporation so notified shall have the right to pay the assessment so levied in five installments to be paid as follows: 20 per cent. within thirty days after the receipt of said notice, and the remaining 80 per cent. in four annual installments of 20 per cent. each, such deferred payments to be evidenced by promissory notes bearing interest from date until paid at the rate of 7 per cent. per annum, payable annually, and to said mayor and council or order. The benefit of the payment by installment may be taken advantage of by any such property-owner, company, or corporation by giving notes for the deferred payments as herein provided at the time of making the cash payment. In the event any property-owner, company, or corporation shall desire to pay the balance due under such assessment after exercising the option to pay installments as hereinbefore provided, at any time before the maturity of such installments, such party so wishing and offering to pay shall pay the principal and interest due up to date of payment. The notice for assessment

Page 1563

herein provided for shall be served personally upon each of said property-owners and 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 that said notice or statement be mailed to said property-owner or agent at the last post-office 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 by reason of which such assessment is made. Statement to property owner. Payment of assessment. Sec. 18. Be it further enacted by the authority aforesaid, that if any person or persons, company or corporation, shall fail or refuse to pay to the clerk of the mayor and council of said town his, her, or its assessment as required by this act, at the expiration of thirty days after the service of the statement, as provided in the preceding section, or in lieu thereof fully comply with the provisions of said section relating to the payment of such assessments, said clerk will be authorized to issue execution bearing test in the name of the mayor of said town, and specifying the improvement for which it is issued, against the owner and also the property of such owner abutting upon the street, avenue, alley, other public place or portion thereof, along which such sewer or sewer line is laid, which execution will be a lien against such property from the date of the ordinance authorizing the laying of such sewer or sewer line, and bearing interest at the rate of seven per cent. per annum from the date on which it is issued. Said execution, when issued, shall be delivered to the marshal of said town, who shall execute the same by levying and selling the property described therein for the amount due, together with all cost that may accrue thereon. The law applicable to sales under other executions issued by said town shall apply as to the levy, notice, advertisement, and sale made under said execution, and said marshal shall have the authority to execute deeds when the property is sold, and deliver the immediate possession thereof to the purchaser. Execution for assessment; levy and sale.

Page 1564

Sec. 19. Be it further enacted by the authority aforesaid, that the passage of the ordinance for laying and constructing a sewer line or sewer along a street, or part of street, public alley, or other public place in said town, together with the ordinance assessing the cost of the same, and asserting liens against property abutting thereon, shall, when property entered on the minutes of the mayor and council, be notice of such lien from the date of the approval of such ordinance for the laying of such sewer or sewer line, as full and complete as if the same were in the shape of an execution and entered on docket of the clerk of the superior court under the general registration law. Notice of lien of assessment. Sec. 20. Be it further enacted by the authority aforesaid, that the marshal of said town shall be authorized to transfer and assign any execution issued under the provisions of this act, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers under other executions issued by said town. Transfer of execution. Sec. 21. Be it further enacted by the authority aforesaid, that any defendant in such execution, or owner of property against which the same is issued, shall have the right to file an affidavit of illegality, upon the ground that the same 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, to 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 fifteen days after the passage of the ordinance authorizing the laying of such sewer or sewer line, begun legal proceedings to prevent the assessment for the cost thereof, shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made; otherwise the law relating to illegalities shall 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, where it shall be tried at the first term of the court under the law of this State that is applicable to the

Page 1565

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 illegality originating from executions issued by the superior courts of this state. Affidavit of illegality. Sec. 22. The Mayor and Council of the Town of Smyrna shall have authority to pass such ordinances and do such other acts as may be necessary to give full force and effective operation to the provisions of this amendment. Authority as to ordinances. Sec. 23. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1927. SPARKS STREET IMPROVEMENTS. No. 238. An Act to amend an Act incorporating the Town of Sparks, approved December 20, 1899, as amended, 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 Town of Sparks to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places, highways, or any portion thereof, within the corporate limits of the Town of Sparks, and to assess the cost of making such improvements, in whole or in part, against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as street-improvement bonds to be negotiated by the Town of Sparks or otherwise in making provisions for the payment of the cost of such improvements;

Page 1566

to provide for a special fund for the retiring of such 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 the Act approved December 20, 1899, incorporating the Town of Sparks, as amended, be and the same is hereby amended by adding thereto the following provisions: Sec. 2. Be it further enacted by the authority aforesaid, that whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places or highways, or any portion thereof, within the corporate limits of the Town of Sparks, shall have been authorized under the laws and ordinances of the town 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 costs shall include all expenses incurred by the town incident to such improvements the Mayor and Council of said Town of Sparks shall by written 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 the area covered by such proposed improvements, and shall then levy assessments against the said abutting property and the 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. See Section 11, p. 1572. Assessment for street improvements. Payment of assessment. 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

Page 1567

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 assessments, without interest, and thus relieve this property from the lien of such assessment. Installments, how paid. Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest on 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, coequal with the lien of other taxes, and prior and superior to all other liens against such lots, parcels, or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid. Lien of assessment. Sec. 5. Be it further enacted by the authority aforesaid, that, thirty days after the date of the passage of said resolution apportioning and levying said assessments, the said mayor and 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 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 Town of Sparks by reason of its issuing the same for the purpose herein specified. One tenth in amount of any such series of bonds, with interest upon whole amount of each series to the first day of January next succeeding the maturity of the installment of the assessment, as hereinbefore provided, shall be payable on the 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 of each succeeding year until all installments shall have been paid. Such bonds shall bear interest at a rate not to exceed six per cent. per annum from their date until maturity, payable annually, and

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shall be designated street improvement bonds and on their face recite the 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 lots, parcels, and tracts of land benefited by such improvements under the authority of this Act. Said bonds shall be signed by the mayor and attested by the clerk of the Town of Sparks, and shall have the impression of the corporate seal of said town 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 Town of Sparks. 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 and turned over to the contractor may be sold or otherwise disposed of by said mayor and council and not less than par value, and the proceeds applied to any expenses incident to and incurred by the town in providing for such improvements. Said bonds shall be registered by the said clerk in a book to be provided for that purpose, and a certificate of registration by the clerk of the Town of Sparks shall be by him endorsed upon each of said bonds. Street improvement bonds. 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 tract of land on the first day of December each year, together with the interest thereon, to the clerk of the Town of Sparks, who shall give proper receipts for such payments; provided, that if the levy of such assessment is made after September 1st, the first installment and interest shall become due and payable on December the 1st of the succeeding year. It shall be the duty of the clerk of the Town of Sparks to

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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, for no other purpose. It shall be the duty of the said clerk, 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, for the full amounts thus becoming due and unpaid, and to forthwith turn over such execution to the marshal of the Town of Sparks, 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 town taxes, which advertisement, whether under paving-assessment execution or ordinary town ad valorem taxes, may be published in the official organ as designated by the mayor and council of said town or in newspaper in which sheriff's advertisement in said County of Cook are published, 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 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 shall be 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 the Superior Court if the amount of 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 the case of illegality, subject to all fines and penalty provided by law in such cases for delay. Collection of assessment. Execution for assessment; levy and sale.

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Sec. 7. Be it further enacted by the authority aforesaid, that the entire expense of constructing, paving, macadamizing sidewalks, footways, streets, alleys, curbing, drains, and gutters along the sides of all public thoroughfares in the town, and such other street improvements as are authorized by this Act, together with the whole cost 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 thereon. Whole cost of improvements assessed against abutting property receiving benefit. Sec. 8. Where the right of way of any railroad company crosses any public thoroughfare within the corporate limits of the Town of Sparks, said 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 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 railroad company abuts any public thoroughfare within the corporate limits of the Town of Sparks, or when such right of way extends over or into or overlaps any public thoroughfare within the limits of the Town of Sparks, such railroad 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 abuts 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 abuts, extends over or into, or overlaps the same, irrespective of the use to which the said right of way 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 Cook, lying within the corporate limits of the Town of Sparks 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

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by any private individual, without regard to the use made by the county of such property. Any and all property owned by the Town of Sparks, exclusive of streets, alleys, and sidewalks, abutting upon the thoroughfare, shall be assessable for any and all public improvements authorized by this Act, and in the same manner and to the same extent as such property would be if owned by any private individual, without regard to use made by the Town of Sparks of such property. Any assessment to be borne by the Town of Sparks may be paid out of the general funds or any special fund provided for that purpose. Assessment against railroad company. Assessment when county is owner of property. Assessment against property owned by town. Sec. 9. Be it further enacted by the authority aforesaid, that the said Mayor and Council of the Town of Sparks 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 require the installment of interest of such assessments to be paid semi-annually on the first day of December and the first day of June each year, instead of annually as provided in section 2 of this Act. Payment of interest on bonds. Sec. 10. Be it further enacted by the authority aforesaid, that whenever the Mayor and Council of the Town of Sparks shall deem it necessary to make any of the improvements provided for in this Act, and shall have passed the written resolution as provided for in section 2 of this Act, said resolution shall be published by the clerk in two consecutive issues of the official organ of said town, or any other newspaper, in which the sheriff's advertisements of Cook County are published, and a time shall be designated in said notice, not less than five days or more than ten days from the last publication of said notice, for a public hearing before the said Mayor and Council of the Town of Sparks, at which time all parties at interest may

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appear in person or by attorney and urge any objection or objections that they may have to the improvements so contemplated, and the Mayor and Council of the Town of Sparks shall be required to hear, pass upon, and determine such objections, and may modify, alter, amend, or repeal said resolution at such hearing. In the event a material alteration or amendment shall be made to the said resolution, said resolution as amended shall be published as a new resolution as provided for in this Act. Hearing of objections to improvement. Sec. 11. Be it further enacted by the authority aforesaid, that the Mayor and Council of said Town of Sparks shall not have authority to pass any ordinances or resolution which gives to the Town of Sparks the right and authority to make any of the improvements designated in this Act, or levy assessments provided for herein, unless and until fifty-one per cent. or more, of the abutting-property owners on the street or project upon which the improvements are desired shall have petitioned the mayor and council, setting forth the improvements desired; and be it further enacted that section 2 of this Act shall not be of force and effect until provisions of this section have been complied with. Petition by 51 per cent. of abutting property owners necessary before improvement. 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 15, 1927. STATESBORO STREET IMPROVEMENTS. No. 149. An Act to amend an Act of the General Assembly of Georgia, approved August 17, 1912, creating a new charter for the City of Statesboro, and the several Acts amendatory thereof, so as to authorize and empower the Mayor and City Council of Statesboro to establish and to change the grade of, and to pave, macadamize, curb, and otherwise

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improve, any and all sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public squares, or other public places or highways, or any portion thereof, within the corporate limits of said city; to assess the cost of making such improvements in whole or in part against abutting property and its owners benefited thereby; to provide for the procedure of making and collecting such assessments for the same, and for hearing complaints and objections by the Mayor and City Council of Statesboro to such assessments and appeals; to provide for the apportionment by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuance of bonds to be known as street improvement bonds, to be negotiated by the City of Statesboro or otherwise used in making provisions for the payment of the costs of such improvements; to provide a special fund for retiring such bonds, and to impose punishment for the illegal use of such funds; to provide for the renewal of such paving or other paving previously laid; to authorize said improvements to be made and any of such work to be done by said city as herein provided, and to make necessary or needful contracts therefor, or in connection with any department or subdivision of this State; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of the State of Georgia, approved August 17, 1912, creating a new charter for the City of Statesboro, in the County of Bulloch, be and the same is hereby amended by adding thereto the following provisions, viz: Sec. 2. In this act the word street includes street, avenue, alley, lane, sidewalk, footway, crosswalk, intersection, public square, and other public place or way, and any portion or part thereof; and the words pave, paving, improve and improvement include grading, curbing, paving, macadamizing, and constructing and

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placing gutters, storm and sanitary drainage, turnouts, water-mains and water, gas, and sewer connections therein. Definition of terms. Sec. 3. The Mayor and City Council of Statesboro, hereinafter referred to as the mayor and council, being the governing body of the said city, are hereby authorized and empowered to establish and to change the grade of, and to pave and otherwise improve, any street or streets, or any portion or part thereof, within the corporate limits of the said city, whenever in their judgment the public welfare or convenience may require such improvement, subject only to the conditions and limitations herein prescribed. Authority for street-improvements. Sec. 4. Whenever the said mayor and council shall deem it necessary to pave any street or any part thereof within the limits of said city, the said mayor and council shall be resolution declare such improvement necessary to be done, and shall publish such resolution once a week for two consecutive weeks in a newspaper published in said city or having a general circulation in said city; and if the owners of a majority of the lineal front footage of the lands abutting on said proposed improvement shall not, within fifteen (15) days after the last day of publication of such resolution, file with the clerk of the city council of said city, hereinafter referred to as the clerk, their protest in writing against such improvement, then the said mayor and council shall have power to cause the said improvement to be made, and to contract therefor, and to make assessments and to fix liens as provided for herein. Any number of streets or any part or parts thereof proposed to be so improved may be included in one resolution, but any protest or objection shall be made as to each street separately. Ordinance as to necessity of improvement; publication. Power to cause improvement. Sec. 5. If the owners of a majority of the lineal foot frontage of the land liable to assessment for any such improvement on any street or part thereof within the limits of said city shall petition the mayor and council for said street or part thereof to be paved, citing this act and designating by a general description the paving or other improvement to be undertaken, and the street or streets

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or part thereof to be so paved or improved, it shall thereupon be the duty of the said mayor and council to cause the said improvement to be made in accordance with the prayers of said petition and their own best judgment, and in such cases the adoption and publication of the resolution provided for in the preceding section shall not be required. The petition shall be lodged with the clerk, who shall investigate the sufficiency thereof and submit the petition to the mayor and council and certify the result of his investigation. The determination of the mayor and council upon the sufficiency of the petition shall be final and conclusive. Petition for improvement. Sec. 6. Each lot or parcel of land abutting said improvement shall be charged on the basis of lineal front footage at an equal rate per foot of such frontage with its just pro rata of the entire cost of the said improvement, less any amounts paid by railroads or others, and less any amounts received from the Federal or State governments as Federal-aid or State-aid road funds for such improvement; provided, however, that the cost of sidewalks, curbs, and gutters shall be charged entirely to the lots or parcels of land abutting on that side of the street upon which the same are constructed. Mode of assessment. Sec. 7. The frontage of intersecting streets shall be assessed as real estate abutting upon the improvement, and the City of Statesboro shall for all purposes of this act be considered the owner thereof, and the mayor shall have authority to sign the petition or file objections as provided herein; and the said mayor and council shall pay in cash from the city treasury its just pro rata of the entire cost of the said improvement, unless the owners of a majority of the lineal front footage of the said improvement shall agree in the petition provided for in section 5 of this act to pay the entire cost of the said improvement including the intersections, or unless it is recited in the resolution provided for in section 4 of this act that the entire cost of the improvement including the intersections is to be paid by the abutting-property owners. City's part of cost.

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Sec. 8. Any railroad or street-railway having tracks running along a street at the time of the proposed improvement as provided herein shall be required by the said mayor and council to pave the width of its track and two feet on each side thereof with the same materials and in the same manner as the rest of the street, and such work shall be done under the supervision and subject to the approval of the city's engineer; and if such railroad or street-railway shall not, within a period of thirty days after the service of written notice to do such work, agree in writing to comply with such order, or if the work is not completed to the satisfaction of the city's engineer within such time as may be determined by the said mayor and council, the said mayor and council may proceed to have the work done and charge the cost and expense thereof to the said railroad or street-railway company, to be paid by it in cash, and the same until paid shall constitute a lien against all the property of the said railroad or street-railway company located in the said city, which lien shall have the same rank and priority and be subject to the same method of enforcement as the liens provided for in section 13 of this act. The said mayor and council may in their discretion require the said paving to be of a different material and manner of construction. Assessment of railroad company. Sec. 9. Whenever the petition provided for in section 5 of this act is presented, or whenever the said mayor and council shall have determined to improve any street and shall have passed the resolution provided for in section 4 of this act, the said mayor and council shall then have the power to enact all ordinances and to establish such rules and regulations as may be necessary to require the owners of all property abutting on the proposed improvement to pay the cost of such improvement, and to cause to be put in and constructed, all water, gas, or sewer-pipe connections and to connect with any existing water, gas, or sewer pipes in and underneath the street or streets where such improvement is to be made, and all cost and expense of making such connections shall be taxed solely against such property, but

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shall be included and made a part of the general assessment to cover the cost of such improvement. Pipe connections. Sec. 10. 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 signed by the owners of a majority of lineal front footage 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 reciting the filing of such petition, as the case may be, and expressing the determination of the said mayor and council to proceed with the said improvement, stating the kind of improvement, and defining the extent, character, and width of the same, and other such matters as may be necessary to inform the city's engineer, or the engineer employed by the city for that purpose, as to his duties in preparing for the said improvement the necessary plans, plats, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said mayor and council may deem proper to impose with reference to the letting of the contract, and the provisions thereof. Said resolution shall also provide that the contractor shall execute to the city a good and sufficient bond in accordance with an act entitled Contractors of Public Work Bonded, approved August 19, 1916, and may require that the contractor execute a bond in an amount to be specified in the resolution to maintain in good condition the said improvement for a 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 resolution shall also direct the clerk to advertise for sealed proposals for furnishing the materials and performing the work necessary in making the said improvement, which advertisement shall be published in two or more consecutive issues of a weekly paper having a general circulation in said city, and shall state the street or streets to be improved, the kind of improvement proposed, what bond or bonds will be required to be executed by the contractor,

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the time when and the place where the said sealed proposals shall be filed, and when and where the same will be considered by the said mayor and council. At the time and place specified in said notice the mayor and council shall examine all bids received and shall without unnecessary delay award the contract to the lowest and best bidder who will perform the work and furnish the materials that may be selected and perform all the conditions imposed by the said mayor and council as prescribed in such resolution and notice for bids, and the said mayor and council shall have the right to reject any and all bids and re-advertise for other bids when the bids submitted are not in their judgment satisfactory. Resolution providing for improvement. Bond of contractor. Advertisement for bids. Award of contract. Sec. 11. After the said contract is let and the cost of such proposed improvement is ascertained, including all other expenses incurred by the city incident to the said improvement in addition to the contract price for the work and materials, the said mayor and council shall then by resolution appoint a board of appraisers consisting of three members, who shall be the freeholders residing in said city, to appraise and apportion the cost and expense of the said improvement to the several lots or parcels of land abutting on the said improvement as hereinbefore provided. Within thirty days from the date of the resolution appointing the said board, it shall file with the clerk a written report of the appraisement, assessment, and apportionment of the said cost and expense upon the several lots or parcels of land abutting upon the said improvement, and upon the property of any railroad or street-railway whose tracks run along such street, where such railroad or street-railway has failed or refused to do the paving required herein when and as required by the said mayor and council. When such report shall have been returned and filed, the said mayor and council shall appoint a time for the holding of a session, or shall designate a regular meeting of their body, for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment, and assessment, and notice of the said

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session for the said hearing shall be published by the clerk once a week for two consecutive weeks in a newspaper published in said city or having a general circulation in said city, which notice shall invite an inspection of the said report by any property-owner or other person interested in the said report. The time fixed for said hearing shall be within one week from the date of the last publication. At said session the said mayor and council shall have the power, and it shall be their duty, to review and correct the said appraisement, apportionment, and assessment, and to hear objections to the same if any objections are offered, and, after the hearing of said objections and after reviewing and correcting the said report, if any corrections are deemed necessary, it shall then be their duty to confirm the said report as made by said board or as corrected by them, and to pass an ordinance fixing the assessments against the several lots or parcels of land liable therefor in accordance with the said report so confirmed. Board of appraisers. Report of appraisers. Hearing of objections. Sec. 12. The assessments thus made shall be payable to the clerk of the said city council, who is ex-officio treasurer of the said city, in cash, and, if paid within thirty days of the passage of the said ordinance, shall bear no interest; but in the event the owner of the land against which said assessment is made, or any railroad or street-railway company so assessed, shall, within thirty days from the passage of the ordinance making the assessment final, file with the said clerk his or its request asking that the assessment be payable in installments in accordance with the provisions hereof, the same shall thereupon become payable in ten equal annual installments and shall bear interest at the rate of not exceeding eight per cent. per annum until paid, the principal installments, together with interest on the entire amount of unpaid principal, to become payable in each year at such time and place as shall be provided by resolution of the said mayor and council. The interest to be charged on the said assessments shall not exceed one per cent. per annum over and above the rate of interest stipulated in the bonds herein provided for. Payment of assessments.

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Sec. 13. The aforesaid assessments and each installment thereof, and the interest thereon, and the expense of collection, are hereby declared to be a lien against the respective lots or parcels of land so assessed, from the date of the ordinance levying the same, co-equal in rank and priority with the lien of other taxes and prior to and superior to all other liens against such lots or parcels of land, and such lien shall continue and remain in force until such assessment, with all interest, costs of collection, and other lawful charges shall have been paid and satisfied in full, and the same may be enforced in the same manner as are the liens for city taxes. Lien of assessment. Sec. 14. After the expiration of thirty days from the passage of the said ordinance levying said assessments, the said mayor and council shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, which bonds shall bear date as of the date of such resolution, and shall be of such denominations as the said mayor and council shall determine, and shall in no event be or become a liability of the said City of Statesboro or of the said mayor and council. One tenth in amount of any such series of bonds shall be payable on such date and at such place as may be determined by the said mayor and council, not later than the end of the calendar year next succeeding the year in which they are issued, and interest on the entire amount of the series from the date of issuance up to the said date shall be payable at the same time; and one tenth thereof with the yearly interest on the entire amount of unpaid principal shall be payable on the same day in each succeeding year until all shall be paid. Said 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 or the part of street or streets or other public places or ways for the improvement of which they were issued, and that they are payable solely from assessments which have been fixed

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upon the lots or parcels of land benefited by the said improvement under authority of this act. Said bonds shall be signed by the mayor and attested by the clerk, and shall have the impression of the corporate seal of the 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 shall be designated by the said mayor and council. Street-improvement bonds. Sec. 15. The said bonds shall be sold by the said mayor and council at nor less than par, and the proceeds thereof be applied to the payment of the contract price and other expenses incurred pursuant to the provisions of this act, or such bonds in the amount that shall be necessary for the purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract. The portion of such bonds that may be necessary to pay other expenses incident to and incurred in the making of the said improvements shall be sold or otherwise disposed of by the said mayor and council. Any proceeds from the sale of said bonds remaining in the hands of the clerk after the payments hereinbefore provided for shall go into the treasury of the city. Said bonds shall be registered by the clerk in a book provided for that purpose, and certificates of registration shall be endorsed by said clerk upon each of the said bonds. Sale of bonds. Sec. 16. The assessments provided for and levied under the provisions of this act, together with interest thereon, shall be payable to the said clerk as the several installments fall due, and the said clerk shall keep an accurate account of all such collections by him made, and the said collections shall be kept by him in a special fund to be used and applied for the payment of the said bonds and the interest thereon and expenses incurred incident thereto, and for no other purpose, until all of said bonds are paid in full. The said clerk shall give bond in an amount to be fixed by the said mayor and council, conditioned upon the faithful performance by him of the duties imposed herein. Collection of assessment.

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Sec. 17. It shall be the duty of the said clerk, at least thirty days before the maturity of any installment of such assessments, to publish at least one time in a newspaper having a general circulation in said city a notice advising the owners of the property affected by the said assessment when such installment and interest will be due, which notice shall designate the street or streets, or the parts thereof, for the improvement of which such assessments have been levied and are payable, and shall give notice that unless the same shall be promptly paid, proceedings will be taken for the collection thereof; or, in lieu of such published notice, the said clerk shall mail such notice to the owners of the property at their last known address. Notice of maturity of assessment. Sec. 18. It shall be the duty of the said clerk, promptly within fifteen days after the date of the maturity of any installment of the said assessment which remains unpaid, to issue an execution against the person or persons owning the lot or parcel of land against which the said installment was assessed, and also against the said lot or parcel of land, for the amount of said unpaid installment and interest, and shall turn over the same to the chief of police of the said city, who shall levy the same upon the said lot or parcel of land liable for said assessment, and, after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold by the said chief of police at public outcry to the highest bidder, and such sale shall vest in the purchaser an absolute title to the said property, 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, and 1172 of the Code of Georgia of 1910. Execution for assessment; levy and sale. Sec. 19. The owner of the property so levied on shall have the right, at any time prior to the sale thereof, to file an affidavit of illegality to the said levy, if for any good and sufficient reason he denies liability on the said execution, in whole or in part; and if the entire amount is not denied, the said affidavit must state what amount is admitted, and the amount so admitted must be paid before

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his affidavit can be accepted and filed for the balance. Such affidavit shall specify in detail the reasons and grounds whereon the affidavit denies liability, and when filed with the chief of police he shall discontinue the advertisement and withhold sale of the property and return the affidavit of illegality to the Superior Court of Bulloch County, there to be tried and the issue determined as in other cases of illegality in said court, and subject to all the penalties prescribed by the laws of said State in cases of illegality filed for the purpose of delay only. The failure of the clerk of said city to publish or mail the notice of the maturity of any installment of such assessment, as directed in section 17 of this act, shall in no wise affect the validity of the said assessment, or relieve the owners of the property so assessed from their liability thereon, or relieve the said property from the lien of said assessment and interest, or postpone the enforcement of execution for the collection of same, and such failure shall in no case constitute ground of illegality against such levy. Affidavit of illegality. Failure to notify. Sec. 20. No suit shall be begun or maintained by any person to set aside or vacate the ordinance or resolution of said mayor and council levying such assessment, or to enjoin the said mayor and council from making, fixing, or collecting such assessment, or from issuing bonds and providing for their payment as herein provided, or to enjoin the said clerk of said city from issuing such executions, or the chief of police of said city from levying the same or from advertising and selling the property so levied on; and no suit shall be begun or maintained by any person to contest the validity of the said assessment or the said bonds on any ground or grounds whatsoever, other than for the failure of the said mayor and council to adopt the preliminary resolution provided for in section 4 of this act, or to publish the same, in cases requiring the adoption of such resolution and its publication, or for the failure of said mayor and council to give the notice of the hearing on the report of the board of appraisers as herein provided for, unless such suit shall be commenced within thirty days after

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the pasage of the ordinance or resolution making such assessment final. If any assessment so made shall be found to be invalid or insufficient for any reason, in whole or in part, the said mayor and council may, at any time in the same manner provided for the making of an original assessment, proceed to cause a new assessment to be made and fixed, which shall have like force and effect as an original assessment. Suit to set aside or enjoin assessment, etc. Sec. 21. When the right of way of any railroad company crosses any street within the limits of said city, such railroad company shall be deemed, for all the purposes of this act, as the owner of the property on both sides of the said street, to the extent of the full width of the right of way, irrespective of the use to which the same may be put or what portion thereof may be actually occupied by its tracks, and the said railroad company shall enjoy all the rights and powers and be subject to all the penalties provided herein for individual property owners. Assessment when railroad crosses street. Sec. 22. When the County of Bulloch or State of Georgia is the owner of any property abutting on such proposed improvement, the said county or State, as the case may be, shall enjoy the same rights and privileges as are herein given to individual property-owners, and such property shall be subject to assessment in the same manner as other property abutting on such proposed improvement. In such case the chairman of the board of commissioners of said county and the Governor of Georgia are respectively authorized to sign any petition or objections or other instrument respecting such proposed improvement in behalf of the said county or State. Assessment where county or State is owner of property. Sec. 23. In all cases where the said mayor and council shall deem it necessary to repave, redrain, remacadamize, recurb, or otherwise renew any improvement on any street or other public place or way in said city, whether such paving or improvement was made prior to or since the passage of this act, the same may be done in the same manner as herein provided for a new improvement, and in such

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cases all the provision of this act in respect to the making and levying of assessments and the collection thereof and the issuance of bonds shall apply. This section shall not apply, however, except in cases where the pavement is worn out and no longer serviceable, in the judgment and opinion of the said mayor and council. Repaving, etc. Sec. 24. This act shall not be construed to repeal any special or local law, or part thereof, now in effect in the said city, or to affect any proceedings there under for the making of other improvements in said city, but shall be deemed to be additional and independent legislation for the purposes herein set forth, and not subject to any limitation or restriction on account of any other public or local law or laws, except as specifically provided herein. Laws not repealed. Sec. 25. In any case where the said mayor and council shall desire to pay any portion of the cost of any proposed improvement hereunder, in addition to the amounts herein-before provided for, they shall have the right and privilege to do so at their option and in accordance with their best judgment and discretion, in order to promote the public welfare and convenience, and in such event the balance of the cost of such proposed improvement shall be assessed as herein directed. Payment of part of cost by mayor and council. Sec. 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 6, 1927. SWAINSBORO STREET IMPROVEMENTS. No. 1. 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, (Georgia Laws of 1900, pages 427 to 438), and the Acts amendatory thereof, so as to empower the city council of the City of Swainsboro through its governing authorities,

Page 1586

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 the City of Swainsboro; and to assess the costs of making such improvements, in whole or in part, against abutting property and the owners thereof benefited thereby; to provide for the apportionment and collection, by legal process, of such assessments; and to create a lien on such therefor; to provide for the issuing of bonds, to be known as street-improvement bonds, for the purpose of being negotiated by the city authorities, or otherwise used in making provision for the payment of the costs of such improvements; to provide for a special fund for the retiring of such bonds; and to authorize the levy and collection of a tax on all the property in the City of Swainsboro subject to municipal taxation, to be used in defraying the city council of the City of Swainsboro's share of the expense of such improvements; and to authorize, for the same purpose, or for defraying the whole of such expense and costs, the issuing of bonds of the city council of the City of Swainsboro, by first complying with the law in such cases made and provided; to authorize the city council of the City of Swainsboro, as to any of its streets which may be partially paved by Federal, State or County aid, either or all, to appropriate to its part of the expense of improving such streets, by the said city council of the City of Swainsboro, the work that may be done thereon, and the monies appropriated and used thereon, by said Federal, State or County authorities, either or all; to authorize the city council of the City of Swainsboro to make the improvements herein provided for, and do said paving and macadamizing, as herein provided, or in connection with any department of this State, or the county authorities of the County of Emanuel; to provide for the condemnation of private property for the public use, and the manner of acquiring the same by the city council of the City of Swainsboro; to authorize the

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appointment of a board of appraisers to fix the assessments against abutting property, and the owners thereof, for such street improvements; to provide for publishing notice of such assessments, and for a public hearing of any objections to the fixing of such assessments; to provide for the levying of such assessments, and for affidavits of illegality thereto, and the manner in which such assessments shall be paid; and to provide a limit of time in which any suit may be filed, or sustained, to set aside any such assessment, or to prevent levying and collecting of the same, or to the issuing of bonds therefor; to authorize the city council of the City of Swainsboro, in its discretion, to incur a bonded debt, as prescribed in paragraphs 1 and 2, section 7, article 7 of the constitution of Georgia of 1877, or to incur a debt other than a bonded debt, within the purview and meaning of paragraph 1, section 7, article 7 of the constitution of Georgia of 1877, for the purpose of paying all or any part of the street improvements contemplated by this Act, excepting sidewalks, to be done by the city authorities of the City of Swainsboro; and for other purposes. Section 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 December 6th, 1900 (Georgia Laws of 1900, pages 427 to 438), incorporating the City of Swainsboro in the County of Emanuel, and the Acts amendatory thereof, be and the same is hereby amended by adding thereto the following provisions, to wit: The aforesaid of the city council of the City of Swainsboro, 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 portion thereof, within the corporate limits of said city, and to assess, the costs of such improvements, in whole or in part, against abutting property, and the owners thereof benefited thereby;

Page 1588

and, by suitable ordinance of the aforesaid authorities, to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor, and to provide for the issuance of bonds to be known as street-improvement bonds, which may be negotiated, sold, or otherwise hypothecated by the city council of the City of Swainsboro, or used otherwise in making provisions for the payment for the costs 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 council of the City of Swainsboro's share of the expense of such improvements in conformity with the provisions of this Act. Authority for street improvement. Street-improvement bonds. Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, footways, 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 expenses incurred by the city council of the City of Swainsboro incident to such improvements, including the cost of intersections on any street or streets to be paved, the city council of the City of Swainsboro shall, by written resolution, appoint a board of appraisers, consisting of five persons, who shall be freeholders of the City of Swainsboro, and shall possess the same qualifications as are required by the charter and ordinances of the City of Swainsboro for the office of mayor; and when said board are appointed, they shall do and perform all the duties provided for in this Act, after being first sworn before some officer of said State and County, authorized to administer oaths, to well and truly perform the duties required of them as such appraisers, to the best of their ability. In the event of any member of said board of appraisers is disqualified by reason of interest, relationship, or other cause, the city council of the City

Page 1589

of Swainsboro is authorized to appoint in the place of said disqualified member, another person as a member of said board. The said board of appraisers, within ten days from the date of the resolution appointing said board, shall file a written report of their 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, or other public place to be so improved, with the clerk of the council of said city, in the manner and on the basis herein provided. When such report shall have been returned and filed, the city council of the City of Swainsboro shall appoint a time for the holding of a session of the council, or shall designate a regular meeting of the council for the hearing of any complaints or objections that may be made concerning such appraisement, apportionment, and assessment, as to any such lots or tracts of land abutting on said improvement; and notice of the said session for the said hearing shall be published by the clerk of the council, once a week for two consecutive weeks, in a newspaper of general circulation in the City of Swainsboro; and said notice so published shall provide for an inspection of such report by any property-owner or any other person interested in such report. The time fixed for said hearing shall not be less than seven days, nor more than fifteen days, from the date of the last publication of said notice. The said city council of the City of Swainsboro, at said session, shall have the 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 the city council of the City of Swainsboro. Said appraisers shall each receive not exceeding $5.00 per day, for the time they are actually so engaged. Board of appraisers. Report of appraisers. Hearing of objections. Pay of appraisers. Sec. 3. Be it enacted by the authority aforesaid, that the said the city council of the City of Swainsboro shall, by written resolution, levy an assessment against the lots or parcels of land abutting on said improvement, in accordance with such appraisement, apportionment, and assessment, as confirmed by the city council of the City of Swainsboro,

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and such assessment shall be due and payable fifteen days after the date of the ordinance levying said assessments, without interest; but each and every owner of property against which such an assessment shall be levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the city council of the City of Swainsboro may in its discretion fix, and one annual installment, together with annual or semi-annual interest, as fixed by the city council of the City of Swainsboro, upon the amount remaining unpaid, shall become due and payable on the first day of each succeeding December, unless a different month and day is fixed by the said city council; then on that day and month, by giving the city council of the City of Swainsboro his promissory notes in a form approved by the said city council for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments at eight per cent. per annum, and payable annually or semi-annually, and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof, but shall be secured by said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens shall be enforced for the payment thereof. Any property-owner by electing to pay said assessment in ten equal annual installments, by giving promissory notes for said installments, shall be conclusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever estopped from contesting the same on any ground whatsoever. Levy of assessment. Payment of assessment. Estoppel by giving notes, etc. Sec. 4. 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

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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. 5. 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 city council of the City of Swainsboro may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount remaining unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution. Said bonds shall be of such denomination as the said city council may determine, which bonds shall in no event become a debt or liability of the city council of the City of Swainsboro by reason of its issuing the same, for the purposes herein specified; and one tenth of the amount of such series shall become due and payable on the first day of January next succeeding the date of the issuance thereof, and one tenth of the amount of such issue of bonds, together with the interest, annual or semi-annual, upon the whole amount thereof remaining unpaid, shall be payable on the first day of January in each succeeding year, until all of said installments shall have been paid; said bonds shall bear interest at not exceeding seven per cent. per annum from their date until maturity, which interest may be required to be paid annually or semi-annually, as said city council shall 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 city council of the City of Swainsboro, by its mayor, attested by its clerk of council, and shall have thereon the impression of the corporate seal of said city council,

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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 the said city council; the proceeds of the sale of said street-improvement bonds shall be applied to the payment of the contract price, and other legal expenses incurred in making such improvements, or such bonds may be, in whole or in part, negotiated and delivered to the contracting person, persons, firm, firms, corporation or corporations making and having made such improvements, at such price as may be agreed upon, in payment of any amount or amounts due on such contract or contracts, and any portions of the said bonds not so negotiated may be sold or otherwise disposed of by the said city council, and the proceeds applied to any expense incident to and incurred by the said city council in providing for such improvements; said bonds shall be registered by the clerk of the city council of the City of Swainsboro, as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds. Street-improvement bonds. Sale of bonds. Registration of bonds. Sec. 6. 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 council of the City of Swainsboro, who shall issue proper receipts therefor. The said clerk 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 said street-improvement bonds, and the interest thereon, and for no other purpose; and the city council of the City of Swainsboro is authorized and empowered, by proper ordinance, to fix the date, or dates, for the payment of all assessments, and the interest thereon; as in its discretion it shall deem advisable, when not inconsistent with any of the other provisions of this Act relating thereto. Collection of assessments. Payment of bonds.

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Sec. 7. Be it enacted by the authority aforesaid, that upon failure of any property owner to pay any assessment herein levied, the city council of the City of Swainsboro 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 Emanuel County, and to contest the legality of such assessment, which affidavit of illegality shall set forth, in detail, the reasons why the affiant claims the execution is proceeding illegally; and if any part of the amount for which said execution is issued 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 Emanuel 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 pauperis as provided in claim cases. Execution for assessment; levy and sale. Affidavit of illegality. Sec. 8. Be it further enacted by the authority aforesaid, that said city council of the City of Swainsboro, in its discretion, may assess the whole, or any part of the expense 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

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of all materials used in making such street improvements, against the property abutting on such thoroughfares, streets, or highways receiving such benefits, which shall be against the abutting property and the owners thereof, according to its front footage, as is provided in this Act; and the cost of making such other street improvements as are authorized under this Act shall be appropriated 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 thoroughfares paved, macadamized, or otherwise improved, according to its front footage, and in connection with the other provisions of this Act prescribing the manner in which said apportionment and assessments are to be made, and the balance, or residue, of such expenses and costs shall be chargeable to, and borne by, the city council of the City of Swainsboro, which may be paid by the levy and collection of an ad valorem tax, which said ad valorem tax, for said purpose, the city council of the City of Swainsboro is hereby expressly authorized to levy and collect upon and out of all the property in the City of Swainsboro subject to municipal taxes, in as full and ample a manner as other city taxes may be collected, or by the issuance of bonds, other than street-improvement bonds, or by the creation of a debt other than a bonded debt, as is hereinafter in this Act provided for, or by any funds that may be allotted to Emanuel County, for the use and benefit of the public streets and public thoroughfares in the City of Swainsboro, by the State of Georgia, or the Federal Government, or by the State and Federal Government, or either State or Federal road funds, or both, it being hereby expressly authorized to take credit on its share of said expense any or all of such funds so appropriated, which shall include, as well as funds, any and all work done with such funds within said city by any of said agencies; and that either of the funds herein provided for may be supplemented by the levy of an ad valorem tax or issuance of bonds, other than street improvement bonds in this Act provided for, or

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by State or Federal road funds allotted to the City of Swainsboro, or to the city council of the City of Swainsboro, under the laws of this State. Move of assessment. Tax for city's part of cost. Bond issue. Sec. 9. Be it enacted by the authority aforesaid, that the city council of the City of Swainsboro is 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, or otherwise improved, under the terms of this Act, at any fractional part of the cost of such 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 factor in the discretion of the said city council, and may use, in their discretion, any basis for fixing the proportion to be paid by the abutting landowners; but in no event shall such apportionment exceed said two thirds, as hereinbefore provided for. Mode of assessment. Sec. 10. Be it further enacted by the authority aforesaid, that when the right of way of any railroad company crosses any street, highway, or other thoroughfare within the corporate limits of the City of Swainsboro, such company shall be deemed, for the purposes of this Act, as the owner of the property on both sides of the street, highway, or thoroughfare, to the extent of the entire width of the right of way, irrespective of the use to which same may be put, or the portion thereof actually occupied by its tracks. Assessment where railroad crosses street. Sec. 11. Be it further enacted by the authority aforesaid, that any and all property owned by Emanuel County, lying within the corporate limits of said city, and abutting any street or highway thereof, shall be assessable for any and all 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 of such property by Emanuel County, and such

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assessments made against such property shall be collected from the County of Emanuel by an action at common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county; provided, nothing in this section shall be construed as in any manner abridging the rights and privileges of the city council of the City of Swainsboro in cooperating with the County of Emanuel in paving or otherwise improving such of its streets and thoroughfares as come within the purview of an Act of the General Assembly of the State of Georgia, approved August 22nd, 1925 (Georgia Laws of 1925, pages 152-154.) Assessment where county is owner of property. Sec. 12. Be it enacted by the authority aforesaid, that the city council of the City of Swainsboro is hereby authorized and empowered to enact such ordinance and ordinances, and adopt such resolution or resolutions, as may be necessary to carry out the powers herein conferred, and do the things herein provided to be done, as well as to make all necessary provisions for the apportionment, assessment, and collection of all costs and expenses herein provided for, against the abutting property, and the owners thereof, for such street improvements as may be made under this Act; and is authorized 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. Authority for ordinances. Sec. 13. Be it enacted by the authority aforesaid, that the city council of the City of Swainsboro is authorized and empowered to make all the improvements provided for in this Act, independent of or in connection with the authorities of Emanuel County having control of its 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 14th, 1909, and all Acts amendatory thereof, upon such terms as may be fixed by said State Highway Department, not inconsistent with this Act, and make all contracts in connection therewith. Co-operation with county and State Highway Department.

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Sec. 14. Be it further enacted by the authority aforesaid, that the city council of the City of Swainsboro shall have full and complete control 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 Swainsboro; and whenever the city council of the City of Swainsboro shall exercise the power in this paragraph 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 the city council of the City of Swainsboro shall choose one appraiser, and the owner or owners of the land to be taken or damaged 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 changing of such street, alley, or square; and if the property-owener, after five days' notice, shall fail to name an appraiser, the clerk of said city council 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 shall appoint such appraiser; provided, the said appraisers shall be citizens of said city, and freeholders therein. The award of such appraisers shall be in writing, and shall be filed within five days in the clerk's office of Emanuel Superior Court; and shall thereupon operate as a judgment, and execution may issue thereon. Either party may, within ten days from the filing of the award, enter an appeal to the Superior Court of Emanuel County. All costs, including the fees of the appraisers, shall be paid by the city council of the City of Swainsboro; and at any stage of the proceedings to condemn, before or after the final award, the city council of the City of Swainsboro may, by paying to the property-owner all expenses actually incurred by him, withdraw the proceedings, and decline to take the property, or to make the change in such street, alley, sidewalk, or square. Authority for street improvements. Appraisers. Award of appraisers. Appeal from award.

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Sec. 15. Be it further enacted by the authority aforesaid, that when any property of Emanuel County abuts on any sidewalk, in said city, the said city council shall have power and authority to pave, curb, remove, or repair the same, and assess the whole cost of the same against the county, according to frontage; and when any such property abuts on any street, alley, or way that is graded, paved, or otherwise improved by the city council of the City of Swainsboro, said city council shall have the power and authority to assess against said Emanuel 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 Emanuel County in some court of competent jurisdiction, or by any other appropriate remedy afforded under the law. Assessment against county. Suit against county. Sec. 16. Be it further enacted by the authority aforesaid, that no suit shall be maintained, or sustained, to set aside any such assessment, or to enjoin the city council of the City of Swainsboro from making any such assessment, or levying or collecting any such assessment, or from issuing bonds as in this Act provided for, or providing for their payment as herein authorized, or to contest the validity thereof on any ground, or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided, that in the event any special or particular assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said the city council of the City of Swainsboro may, at any time, in the manner provided for the levying of the 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 or enjoin assessment. Sec. 17. Be it enacted by the authority aforesaid, that the city council of the City of Swainsboro, in providing for the paving, macadamizing, or otherwise improving of any of its streets or public thoroughfares, and in providing

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for assessments against abutting property to help pay the expense of the same, may, in its discretion, in such assessments include the entire cost and expense of so improving all portions of the same where crossed by other streets of said city, commonly known as street intersections, or only a portion of the cost of such paving, macadamizing, or otherwise improving such street intersections, as to it shall seem right and proper; provided always, that no greater proportion of the entire cost and expense of so improving such street intersections shall be charged to the property abutting on said street so improved than 2-3 of the same, and wherever in this Act 2-3 or other proportion of the cost and expense of paving or otherwise improving streets and other places is authorized to be charged to abutting property and its owners, the entire cost is meant, without deduction for State, Federal or County-aid paving therein. Street intersections. Sec. 18. Be it enacted by the authority aforesaid, that the city council of the City of Swainsboro, in providing for and making the street improvements provided for in this Act, or any part of the same, are authorized and fully empowered to do so in manner and form as in this Act hereinbefore provided; or, in its discretion, it may do all or any portion of said paving, macadamizing, or otherwise improving its streets, alleys, thoroughfares, or other public squares or places contemplated in this Act to be paved or otherwise improved, other than the sidewalks of said city, by incurring a bonded debt for the whole or any part of the cost of the same, as prescribed in paragraphs 1 and 2, section 7, article 7 of the constitution of Georgia of 1877; or by incurring a debt other than a bonded, within the purview and meaning of paragraph 1, section 7, article 7 of the constitution of Georgia; provided, that whenever the said the city council of the City of Swainsboro shall desire to pave, macadamize, or otherwise improve any of its streets, alleys, thoroughfares, or other public places coming within the purview of this Act, as is contemplated in this section, it shall first pass an ordinance clearly setting forth the street, part of street or streets, or other place to be

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paved or otherwise improved, and the cost of doing the same, as nearly as possible, together with the proportion of same proposed to be raised by the proposed bond issue, as in this section provided, and, if the whole amount of the project is not to be so raised, how the balance of the cost and expense is to be paid for; and provided further, that no money raised by incurring a bonded debt, or a debt other than a bonded debt, as is in this section provided for, shall be applied to the payment of the cost, or any part thereof, of paving or otherwise improving sidewalks in said city. Bond issue. Sec. 19. Be it further enacted by the authority aforesaid, that in providing for, and submitting, the question of incurring a bonded debt, or a debt other than a bonded debt, as in section 18 of this Act provided for, the city council of the City of Swainsboro, if the debt provided for is a bonded debt, shall comply fully with the law in such cases made and provided, found in sections 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, of the Code of Georgia of 1910, as well as any other provision of the law of this State relative to the incurring of a bonded debt by a municipality; and at elections held for such purpose, the ballots shall have printed thereon the words, For Street-Paving Bonds, Against Street-Paving Bonds; and if the question to be submitted is as to whether a debt other than a bonded debt shall be incurred, the said city council shall comply fully with the law relative thereto found in sections 463, 464, 465, 466, 467 of the Code of Georgia of 1910, as well as any other provision of the law of this State relative to the incurring of a debt other than a bonded debt by municipalities; and ballots to be used in such election shall have printed thereon the words, In favor of the City Council of the City of Swainsboro incurring a debt other than a bonded debt for street-paving purposes,Against the City Council of the City of Swainsboro incurring a debt other than a bonded for street paving purposes; provided, that the city council of the City of Swainsboro shall, before incurring either a bonded debt or a non-bonded

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debt, as provided for in sections 18 and 19 of this Act, or annually thereafter, provide, without incurring debt thereby, an annual sum sufficient in amount to pay the principal and interest of said debt within thirty years from the date of the incurring of the indebtedness, as is provided in the aforesaid section 467 of the Code of Georgia. Election as to bond issue. Sec. 20. Be it further enacted by the authority aforesaid, that bonds of the city council of the City of Swainsboro issued under the provisions of sections 18 and 19 of this Act shall be designated, by written or printed statement in their face Street-Paving Bonds of the City Council of the City of Swainsboro, shall be signed the City Council of the City of Swainsboro, by....., its mayor (or mayor pro tem.), countersigned by..... Clerk of the City Council of the City of Swainsboro, with the corporate seal impressed thereon. Street-paving bonds. Sec. 21. 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 June 30, 1927. SWORDS CHARTER REPEALED. No. 167. An Act to repeal an Act to incorporate the Town of Swords, Georgia, in the County of Morgan, said State; to define the corporate limits thereof; to provide for the election of officers; to provide and fix their powers and duties; to provide for the working of the streets in said town; to provide for the establishment of and maintenance of the system of public schools in said town; to provide for the levy and collection of a tax to defray the expenses of said schools, erections of suitable buildings for said schools, and defray the other expenses of said town; to fix and collect the business license on all persons and corporations doing business in said town

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of every nature; to confer certain powers and duties upon the mayor and aldermen of said town in regulations of an enactment of laws and ordinances for control of said town, and to prescribe for assessment of fines and fixing of other punishment for offenders in said town; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act entitled an Act to incorporate the Town of Swords, Georgia, in the County of Morgan, said State; to define the corporate limits thereof; to provide for the election of officers; to provide and fix their powers and duties; to provide for the working of the streets in said town; to provide for the establishment of and maintenance of the system of public schools in said town; to provide for the levy and collection of a tax to defray the expenses of said schools, erection of suitable buildings for said schools, and defray the other expenses of said town; to fix and collect the business license on all persons and corporations doing business in said town of every nature; to confer certain powers and duties upon the mayor and aldermen of said town in regulations of an enactment of laws and ordinances for control of said town, and to prescribe for assessment of fines and fixing of other punishment for offenders in said town; and for other purposes, approved, August 16, 1909, be and the same is hereby repealed. Repeal of charter. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1927. SYLVESTER CEMETERY AND BOND ISSUE. No. 25. An Act to amend an Act approved August 18, 1919, entitled An Act to create a new charter for the City of

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Sylvester, to declare the rights, powers, and privileges of said corporation, and to consolidate the acts relating to the rights and powers of said corporation, etc., and acts amendatory thereof, so as to provide a cemetery or cemeteries for the burial of the dead, either within or without the city; to provide for maintenance and support of the same; to provide for the acquirement of land therefor by gift, devise, purchase, or condemnation of either public or private property, or of property owned by public-service corporations, and the manner of compensating the owners thereof; to provide for issuing of bonds of said city for said purpose; to authorize regulation of sale of cemetery lots and interments therein; to regulate and (or) prohibit establishment of cemeteries in the city by others than 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 approved August 18, 1919, entitled, An Act to create a new charter for the City of Sylvester, to declare the rights, powers, and privileges of said corporation, and to consolidate the acts relating to the rights and powers of said corporation, etc., be and the same is hereby amended by adding to the end of said act the following words, to wit: Act of 1919 amended. Sec. 2. Be it enacted by the authority aforesaid, that the City of Sylvester is hereby authorized and empowered to own, control, and maintain a cemetery or cemeteries within or without the incorporate limits of the City of Sylvester, and it is hereby authorized and empowered to acquire land therefor by gift, devise, purchase, or condemnation of either public or private property or of property owned by public-service corporations, for the purpose of establishing, owning, and controlling said cemeteries, places for the burial of the dead, either within or without said city with funds hereinafter provided. Authority to maintain cemetery. Sec. 3. Be it further enacted by the authority aforesaid, that the City of Sylvester is hereby clothed with the

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power of eminent domain, authorized and empowered to condemn lands within or without the corporation or jurisdictional limits of said City of Sylvester, for sites for the purpose of establishing, owning, controlling, and regulating a cemetery or cemeteries for public use, and is hereby authorized to pay the owners of said property damages incident to said condemnation. Provided further, that in the event the mayor and council or the city of Sylvester deem it advisable to use lands now owned by quasi public corporation or lands now used for street or highway purposes, this use of same shall be no bar to the exercise of the right of eminent domain hereby conferred, but said City of Sylvester shall have the right to condemn said lands and close said streets and highways for the purposes mentioned. Said city shall proceed, in condemning said property for the purposes mentioned, under the terms and provisions as are now in force or may hereafter be provided by the law or the State in such cases. Authority to condemn property, close streets, etc. Sec. 4. Be it further enacted by the authority aforesaid, that the City of Sylvester shall have the authority to take over old cemeteries, regulate and maintain them in such manner as the mayor and council may deem proper, and shall have the further power to purchase, take over, control, and regulate any one or all privately owned cemeteries within the City of Sylvester, upon paying the owner thereof an adequate compensation for the unsold portions thereof. The amount of compensation to be paid for said property to be arrived at under the rules laid down by the State law in condemning public and private property for public uses. Authority to purchase or take over other cemeteries. Sec. 5. Be it enacted by the authority aforesaid, that the City of Sylvester shall have the authority to provide for and regulate the sale of cemetery lots, and shall have the exclusive authority to fix rules and regulations as to interments therein. Sale of cemetery lots. Sec. 6. Be it further enacted by the authority aforesaid, that the City of Sylvester shall have the authority

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to prohibit the establishment of cemeteries within the City of Sylvester by others than the city. Provided further, that no private cemetery shall be located and established anywhere within the city limits without the owner thereof first having obtained a permit from the mayor and council of said city; and it is expressly provided that no permit shall be granted for the establishment of a privately owned cemetery until after the same has been advertised in the public gazette published in the City of Sylvester for four successive weeks, giving notice of the party's intention to apply for said permit, and setting out therein the date said application will be heard and the location of same, thereby by giving all persons interested an opportunity to file objection and to be heard on same. Permit for private cemetery in city. Sec. 7. Be it further enacted that at the beginning of each fiscal year the mayor and council of said city shall make up a detailed budget of the expenditures necessary to be made by it in carrying out the purposes aforesaid and the amount of money needed by it for such purposes, and it shall then be the duty of said mayor and council to make the necessary appropriation for the year to meet such expenditures, or as much thereof as the conditions of the city treasury and the demands of the city will allow, and the bills to be paid out of the city treasury when the said bills are properly approved by the mayor and council. Provided further, that said mayor and council are hereby authorized to levy and collect a tax ad valorem upon all property, both real and personal, within the limits of said city for the express purpose of carrying out the provisions herein before made. Budget and appropriation by mayor and council. Taxes. Sec. 8. Be it further enacted by the authority aforesaid, that the City of Sylvester is hereby authorized to issue bonds in such amounts, and in accordance with existing laws, as may be permitted under the constitution and laws of the State of Georgia, and at such time or times as the mayor and council may prescribe for the purpose of providing a cemetery or cemeteries for the burial of the dead, either within or without the city; to provide for the

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maintenance and support of same; to provide for the acquirement of land therefor by purchase, by condemnation, or otherwise, such as the mayor and council may prescribe; and full power and authority is hereby conferred on the City of Sylvester to make all contracts, rules, and regulations for the purpose of carrying out and enforcing the provision of this Act. Bond issue. Sec. 9. Be it further enacted that all laws conflicting with the above are hereby repealed. Approved July 19, 1927. TENNILLE STREET IMPROVEMENTS. No. 7. An Act to amend an Act of the General Assembly of Georgia, providing a new charter for the City of Tennille in the County of Washington, providing a municipal government for said city, and defining the rights, powers, and duties of such government, and for other purposes, approved August 21, 1906, and acts amendatory thereof, by amending and adding to section 46 of said Act the provision that the Mayor and Council of the City of Tennille shall have the power, whenever they deem it proper or expedient, to enact ordinances providing for the pavement and curbing, or either, or any of the streets, sidewalks, squares, railroad street-crossings, ways of public travel, and thoroughfares of said city; and to provide by ordinance that the cost and expense thereof may be paid by the city or by abutting-property owners, or both; and to pass all necessary and needful ordinances for the due and legal assessment and levy upon abutting property and the owners thereof for the cost and expense of such paving, and providing for a method of collecting such amounts so levied by cash or installment with interest; to provide for the lien of any assessment so made upon the abutting property and its owners;

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and to provide that the mayor and council may issue certificates entitling the holder to participate to the extent of the amount named therein in such assessments, said certificates interest-bearing not exceeding six per cent., and providing that said certificates may be sold and the proceeds used for the purpose of paving; and to pass any and all needful ordinances to carry all the powers herein granted 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 an act to amend an act of the General Assembly of Georgia, providing a new charter for the City of Tennille in the County of Washington, providing a municipal government for said city, and defining the rights, powers, and duties of such government, and for other purposes, approved August 21, 1906, and acts amendatory thereof, be and the same are hereby amended by adding to section 46 of said Act the provisions in the following subsections: Section 46 of charter amended. Sec. 46a. The Mayor and Council of the City of Tennille shall have the power and authority to pave, and for that purpose to enact and pass any resolution or ordinance providing for the pavement or curbing, or either, of any of the streets, sidewalks, squares, railroad-crossings, ways of public travel, and thoroughfares in said City of Tennille, and within its corporate limits, and may by ordinance provide that the cost and expense thereof shall be paid by the city from any funds that may be available for that purpose or that the total expense and cost thereof shall be assessed against abutting-property owners. Paving. Sec. 46b. Whenever any ordinance may be passed providing for paving and the cost thereof assessed against abutting property and its owners, as set forth in the preceding section, and the cost of such improvement has been ascertained, which cost shall include all expenses incurred by the city incident to such improvements, the Mayor and Council of the City of Tennille shall by written resolution

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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 the proposed improvements, and shall then levy assessments aginst the same abutting property and the owners thereof in accordance with such apportionment and as hereinafter provided, which assessment shall be paid in ten equal annual installments and shall bear interest at the rate of not exceeding six per cent. until paid, said interest payable annually. Assessments. Payment in installments. Sec. 46c. Be it further enacted by the authority aforesaid, that the first installment of such assessment shall be due and payable upon a date fixed by the mayor and council, and the subsequent installments shall be due and payable one each year thereafter, with annual interest upon the amount remaining unpaid 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 this property from the lien of such assessment. Option as to payment. Sec. 46d. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest on 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, coequal with the lien of 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. 46e. Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said resolution apportioning and levying said assessment, the said mayor and council shall by written resolution provide for the issuance of certificates or bonds in the aggregate amount of such assessments then remaining unpaid, bearing

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a date thirty days after the passage of the resolution levying said assessments, and of such denominations as the said mayor and council may determine, which bonds or certificates shall entitle the holder to payment thereof, both principal and interest, from the assessments duly levied and to be collected as hereinafter set forth. Said certificates or bonds shall in no event become a debt or liability of the City of Tennille by reason of its issuing the same for the purpose herein specified. Said certificates shall mature, one each year for a period of ten years following the date of issuing, and each certificate shall bear interest at the rate of six per cent. per annum, payable annually, principal and interest payable from the assessments levied and collected as aforesaid. Said bonds or certificates of participation in said assessments shall be signed by the mayor and attested by the clerk of the City of Tennille, and shall have the impression of the corporate seal of said city thereon, and shall have interest coupons attached, and shall be payable at such place as may be designated by the Mayor and Council of the City of Tennille. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the cost and expenses incurred in the making of such improvements; said bonds shall be registered by the said clerk of the City of Tennille in a book to be provided for that purpose, and a certificate of registration by the clerk of the City of Tennille shall be by him endorsed upon each of said bonds. Certificates or bonds for amount of assessments. Sec. 46f. Be it further enacted by the authority aforesaid, that the assessment provided for and levied under the provision of this Act shall be payable by the person owning the said lot, parcel, or tract of land on a date to be fixed by the mayor and council, together with interest thereon, to the clerk and treasurer of the City of Tennille, who shall give proper receipt for such payments; it shall be the duty of the clerk of the City of Tennille to keep an accurate account of 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

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thereon, and for no other purposes. It shall be the duty of said clerk of the City of Tennille, upon default in the 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, for the full amounts thus becoming due and unpaid, and forthwith turn over such execution to the marshal of the City of Tennille, who shall promptly levy the same upon the real estate liable for the assesment and previously assessed for such improvement, and shall advertise and sell the same as provided by law. The purchaser at such sale of such property shall get absolute title thereto 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 is issued is due, stating what amount, if any, he admits to be due, which amount 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 issue 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 $100.00 or less, and to the Superior Court only if the amount is over $100.00, and there to be tried and the issue determined as in the case of illegality, subject to all fines and penalties provided by law in such cases for delay. Collection of assessment. Execution for assessment; levy and sale. Affidavit of illegality. Sec. 46g. Where the right of way of any railroad company crosses any public street or square, or abuts any street or thoroughfare, or is a part of any public way of thoroughfare, in said City of Tennille, and where the area, street, or square crossed by said right of way, or abutting said right of way, has been, by ordinance of the mayor and council duly passed, authorized and required to be paved, the said railroad company owning said right of way shall be considered an abutting- property owner and liable to

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assessment as such for its share of the cost and expense of paving such areas, streets or thoroughfares including its right of way, and any assessment which may be levied shall constitute a lien for the amount of such assessment against the said abutting property of said railroad company; provided, however, that if any execution shall issue for the amount of such unpaid assessment due by such railroad company, it may be levied upon any of the property of the owner of such railroad right of way, instead of the particular trackage or right of way abutting said street or crossing said squares so paved, and shall constitute a lien over such other property of such owner as may be levied upon under such execution. The Mayor and Council of the City of Tennille shall have full power to pass any and all ordinances providing for a joint supervision with such railroad companies of the work of paving alongside and between the tracks in streets or thoroughfares, or to allow railroad companies to make such paving in accordance with specifications of the City of Tennille, and upon such terms as may be agreed upon between the mayor and council and such railroad companies. Assessment where railroad crosses street. Sec. 46h. Be it further enacted by the authority aforesaid, that whenever the Mayor and Council of the City of Tennille shall deem it proper or expedient to make the improvements provided for in this Act and shall have passed the paving ordinances as provided for in this Act, said ordinance or resolution shall be published by the clerk of the City of Tennille in two consecutive issues of the Sandersville Progress, a newspaper in which the sheriff's advertisements for Washington County, Georgia, are published, and the time shall be designated in said notice, not less than five days or more than ten days from the last publication of said notice, for a public hearing before the said Mayor and Council of the City of Tennille, at which time all parties at interest may appear in person or by attorney and urge any objection or objections that they may have to the improvements so contemplated or to the

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amount of any assessment; and the Mayor and Council of the City of Tennille shall be required to hear, pass upon, and determine such objections, and may modify, alter, amend, or repeal said paving ordinance or resolution at such hearing, or may reduce the amount of such assessment. In the event a material alteration or amendment shall be made to the said resolution or ordinance, the same as amended shall be published as a new resolution as provided for in this Act. Publication of ordinances or resolution as to assessment. Hearing of objections. Sec. 46i. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Tennille shall have the power and authority to enact all necessary ordinances, laws, and resolutions to carry out and effectuate the purposes of this act, and to provide for the paving of such streets of said city as may be determined upon under the provisions of this act. Authority for ordinances. Sec. 46j. Be it further enacted by the authority aforesaid, that laws and parts of laws that conflict with this act be and the same are hereby repealed. Approved July 13, 1927. THOMASVILLE COMMISSION GOVERNMENT REFERENDUM. No. 162. An Act to amend the charter of the City of Thomasville, Georgia; to abolish the office of mayor and alderman and certain other officers of said city created by legislative enactment; to provide for the establishment, for the City of Thomasville, of a commission form of government in connection with a city manager; to prescribe their duties and powers; to provide for the election of a city manager and to prescribe his powers and duties; to provide the mode and manner of election of said commissioner; to provide for the salaries of the

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said commissioners and city manager; 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 the third day of October, 1889, and the several Acts incorporating the City of Thomasville, in Thomas County, Georgia, and the municipal government of said city, and the Acts amending the same, be and the same are hereby amended in the following particulars; All provisions of said charter creating a mayor and council, or board of aldermen, in the said Act approved the third day of October, 1889, and any Acts amendatory thereto, or previously passed, that were not repealed by said Act, are hereby expressly repealed, and the offices of mayor and aldermen are hereby abolished. Offices of mayor and aldermen abolished. Sec. 2. Be it further enacted that in lieu of the Mayor and Aldermen of the said City of Thomasville there is hereby created and established a commission of five citizens who shall be known as the Board of Commissioners for the City of Thomasville. Said commissioners are hereby given all rights, powers, and authority heretofore vested in the Mayor and Aldermen of the City of Thomasville, except as otherwise provided herein, and the commision is further given the full power and authority to ratify the election and employment of all police and other officers, agents, and employees of said City of Thomasville, together with the right to fix the term of office and employment; to prescribe the duties; to name the compensation; to ratify the discharge from service without cause or notice of any officer, employee, or agent of said City of Thomasville; or to discharge such officer, employee, or agent as provided in section 10, subsection (h), of this Act; and to designate the office and employment by such name as the commission deems expedient, except as in this Act otherwise provided. Board of commissioners created. Powers of commission. Sec. 3. Be it further enacted, that the said commissioners shall be elected by the qualified voters of said city,

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and shall be citizens of said city who under the charter of said city are, or may be at the time, eligible to be mayor and aldermen of said city. Election of commissioners. Sec. 4. Be it further enacted, that said commissioners shall be elected for a term of three years, said term to begin on the first Monday after the third Tuesday in January, 1929, and serve until their successors are elected and qualified; provided, that of the first five commissioners elected under the provisions of this Act two shall hold office for a term of one year, two for a term years, and one for a term of three years, and the said first five commissioners so elected shall within thirty days from their election cast lots for the term to be held by each, and the successors of each shall be elected for a full term of three years. It will be the duty of the mayor and aldermen to call an election within thirty days after being presented with a petition signed by more than one fifth of the registered voters then in evidence on the registration books of said city, requesting than an election be held, changing the present form of government to a city-manager form of government. Terms of office of commissioners. Petition for election as to city-manager government. Sec. 4a. The election of the first commissioners shall be held under the supervision and control of the mayor and aldermen of said city, subject to the laws of force for holding elections for mayor and aldermen of said city, and the returns from said election shall be made to said mayor and aldermen, who shall declare the result thereof. In case there is a tie vote between candidates, a new election shall be ordered by said mayor and aldermen in not less than ten days or more than fifteen days from the election, which election shall be held only for the purpose of determining between the candidates receiving the same number of votes, and elections shall be so called and held as often as may be necessary until candidate, or candidates, may be elected. Election of first commissioners. Sec. 5. Be it further enacted that before assuming the duties of their office the said commissioners shall take and

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subscribe the following oath: I swear (or affirm) that I will faithfully and impartially demean myself and perform my duties as a member of the Board of Commissioners for the City of Thomasville during my continuance in office, and in all things pertaining to my office. So help me God. Oath of office. Sec. 6. Be it further enacted, that the said commissioners shall at their first meeting in each year elect one of their members as chairman of said board of commissioners, and said chairman shall exercise all of the powers and shall have imposed upon him all of the duties now exercised by and imposed upon the mayor of said city so far as the trial of violators of the law and ordinances are concerned, until otherwise provided by said board of commissioners by the establishment of a recorder's court or otherwise. Chairman of board; election and powers. Sec. 7. Be it further enacted, that each of said commissioners shall receive a salary of one hundred ($100.00) dollars per annum, except the chairman, who shall receive a salary of three hundred ($300.00) dollars per annum, payable monthly out of the treasury of said city. Salary. Sec. 8. Be it further enacted that said board of commissioners shall have full authority to pass ordinances, levy taxes, make appropriations, fix licenses, and shall have all the rights, powers, and authority heretofore given to and vested in the mayor and aldermen of said city, except as otherwise provided in this Act. Powers of board. Sec. 9. Be it further enacted, that the chairman of said board of commissioners shall have the powers and authority heretofore vested in the mayor of said city, except as otherwise provided in this Act. Powers of chairman. Sec. 10. Be it further enacted, that said board of commissioners shall within thirty days after their election and qualification, or as soon thereafter as practicable, select and appoint a city manager, which office in the City of Thomasville is hereby expressly created, which said

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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 said board of commissioners, but in no event shall the minimum salary be less than five thousand ($5,000.00) dollars per annum. He shall hold office only at the pleasure of said board of commissioners, and be subject to removal at any time without notice or statement or proof or cause. He shall be selected with due regard to his experience and fitness for handling the municipal business in an efficient and economical way, and shall be directly responsible to the said board of commissioners for the efficient and economical conduct of all city departments. During his absence or disability, the board of commissioners may designate some properly qualified person to execute the functions of the office. The powers and duties of the city manager shall be as follows: City manager; election. Salary of city manager. Removal from office. Absence or disability of commissioner. Powers and duties of City Manager. (a) To see that all laws and ordinances of said city are enforced. (b) To exercise control over all of the departments and divisions of the City of Thomasville, now created or that may be hereafter created, except as herein otherwise provided. (c) To attend all meetings of the board, with the right to take part in the discussions, but he shall have no right to vote on propositions under consideration. (d) To recommend to the board of commissioners for adoption such matters as he may deem necessary and expedient. He shall prepare and submit to said 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 all work done for 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 said board may adopt. (h) To appoint and discharge and fix the salary of all officers and employees in all departments, except as otherwise herein provided in this Act; provided, that all such terms of employment shall be made only at the pleasure of the said city manager. All such appointments shall be made upon merit and fitness for the performance of the duties required. (i) To perform such other additional duties, not inconsistent with those named herein, that the said board may by ordinance or resolution prescribe. Sec. 11. Be it further enacted, that such board of commissioners may require the said city manager to go before them at any time and answer questions, either orally or in writing, and may require from said city manager, at any time they see fit, written reports on any matter involving the city that they deem proper, and said city manager shall report weekly to said board of commissioners his general actions and doings, and shall regularly at stated intervals, at least quarterly, file with said board of commissioners full and complete reports of the various departments of the City. Information and reports by city manager. Sec. 12. Be it further enacted, that the city manager shall devote his entire time to his office as city manager, and the members of said board of commissioners 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

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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 within the city limits of Thomasville; 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 or service shall apply to the city manager or any one else with whom the board has special business to transact. Whole time of manager to be devoted to duties. Meetings of commissioners. Records of proceedings. Special sessions. Sec. 13. Be it further enacted, that the board shall elect one of the commissioners chairman pro tem, who may exercise the routine duties of the chairman in case of the chairman's absence or inability to act for any reason. Vacancies in such appointments shall be filled by the commissioners for the unexpired term. In case of a vacancy in the office of any commissioner the remaining commissioners shall elect a commissioner to fill such vacancy, to hold office until the first of February next succeeding a general election for city officers, at which general election the commissioner shall be elected for the unexpired term, if any. Chairman pro tem. Vacancies.

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Sec. 14. Be it further enacted, 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 as defined by the Criminal Code of 1910, section 1065; and in addition the office of such commissioner shall be forfeited. Unlawful promise by commissioner. Sec. 15. Be it further enacted, that the corporate name and organization of the City of Thomasville is hereby in all respects fully preserved as defined in the original Act approved October 3, 1889, together with all amendatory Acts thereof, except as herein amended; and all acts not inconsistent with this Act are hereby declared continued in force. Corporate name preserved. Sec. 16. 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. 17. 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 the with the consent of the city manager. The salary of the chief

Page 1620

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. Sec. 18. 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. Purchases of supplies; contracts for printing. Sec. 19. 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; 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. 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 nature within the city, or from person, firm, or corporation

Page 1621

seeking to sell or which may desire to sell supplies to said city, perform service for, or make a contract with said city. Unlawful interest in contract. Graft. Sec. 20. 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 chairman of the board of commissioners, 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 by board of commissioners. Contempt. Sec. 21. Be it further enacted, that 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, etc., not affected by this Act. Sec. 22. Be it further enacted, that the present method of taxing property for taxation of said city, of making assessments for this purpose, levying and collecting the same, including all present means of revenue and licenses, shall continue in force until otherwise provided or changed by ordinance of the board under the provisions of this Act. Taxing method continued of force. Sec. 23. Be it further enacted, that the city clerk and treasurer shall be chosen by the city manager and be responsible 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.

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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. City clerk and treasurer. Sec. 24. Be it further enacted, that the board of commissioners shall appoint [Illegible Text] 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 Thomasville, and such other duties as this Act may prescribe, or the commission may by ordinance prescribe. City attorney. Sec. 25. Be it further enacted, that the board of commissioners may 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. Deposits of city funds. Financial statements. Sec. 26. 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 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. Official bonds. Audit. Sec. 27. Be it further enacted, that the board of commissioners shall adopt the same parliamentary procedure as now used by the mayor and aldermen, with power to

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amend the same in any manner by ordinance. Provided, that the presence of at least three commissioners shall be necessary for a quorum for the transaction of city business, and three votes shall be necessary to authorize action. Two commissioners, however, may meet and adjourn from time to time. Parliamentary procedure. Quorum of board. Sec. 28. 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 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. over 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. 29. 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 Thomasville 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

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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 Thomas 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 indelible pencil, and shall place thereafter his residence and street number. Recall of commissioners. Sec. 30. 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 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 per cent., 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. Notice of petition for recall. Sec. 31. Be it further enacted, that if the commissioner designated in the petition file with the city clerk, within five days after last-mentioned notice, 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

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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 of commissioner. Recall election. Sec. 32. 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: Ballot at recall election. 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, by making a cross-mark (x), may vote either of such propositions. Sec. 33. Be it further enacted, that the city manager may, at any time, appoint the same person to any two or more offices, whether such offices are created by the charter and amendment thereto or by ordinance of said city. Appointment of one person to two offices. Sec. 34. 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 Thomasville shall be read in place of Mayor and Council, except where to do so would be to render void some particular provisions of this Act. Substitution of board for mayor, etc. Sec. 35. Be it further enacted, that this Act shall not go into effect and become operative until the same shall have been ratified at an election to be called and held as provided in section 913(tt) of Park's Annotated Code of Georgia, Act approved August 22, 1925; provided however,

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that if this Act is so ratified at such election, then this Act shall go into effect on the first Monday after the third Tuesday in January, 1929, and thereafter. Said election shall be held as provided by the laws of the State and the provisions of the charter of said city. Referendum as to adoption of Act. Sec. 36. 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 prescribed for holding elections, which said election shall be held on the third Tuesday in January, 1929, at which election the five commissioners shall be chosen as the board of commissioners to hold their offices as hereinbefore provided. The general election for commissioners shall be held as hereinbefore provided, on the third Tuesday in January, and every year thereafter. Election of commissioners. Sec. 37. All the ordinances of the City of Thomasville now of force, not in conflict with this Act or the laws of this State, shall remain of full force and effect, until amended or repealed by the board of commissioners of said City. Ordinances continued in force. Sec. 38. All laws or parts of laws in conflict with this Act are hereby repealed; provided, that all corporate powers heretofore granted said municipality, and not repealed by this or any other Act, are hereby continued of full force and effect. Laws continued in force. Approved August 11, 1927. THOMASVILLE PARK AND TREE COMMISSION. No. 166. An Act to amend the charter of the City of Thomasville, Georgia, to provide for the establishment of a park and tree commission. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, that the Act of the General Assembly of Georgia, approved the third day of October, 1889, and the several acts incorporating the City of Thomasville in Thomas County, Georgia, be and the same is hereby amended as follows: That there be and there is hereby established a park and tree commission in and for the City of Thomasville, to be composed of 4 citizens and the chairman of the standing street committee of the city council, who shall have all the rights and privileges of the citizen members. The said citizen members of the commission shall be elected by the mayor and council; the first election hereunder shall be held as early as practicable after the passage of this Act, and the terms of said citizen members elected at this election shall be from the date of election until the first Monday in April, 1928, 1929, 1930, and 1931 respectively, and until a successor is elected and qualified, and at the expiration of said respective terms of said first election the respective successors in office shall be elected for a term of four (4) years, and until their successor is elected and qualified. No person shall be eligible to appointment and election as one of said citizens members unless he be a citizen of the City of Thomasville; each citizen member of said commission shall, before entering upon the duties of his office, subscribe the following oath before some officer authorized to administer the same, to wit: I swear that I will faithfully and impartially demean myself as a member of the park and tree commission of the City of Thomasville during my continuance in office, and will well and truly perform all the duties of said office; and I will neither be concerned nor interested pecuniarily, directly or indirectly, in any contract or work or material furnished for or on behalf of any work, improvement, or preservation of the parks or public playgrounds of the City of Thomasville while a member of this commission. Said oath shall be entered on the minutes of the proceedings of said commission. Said park commission shall have exclusive management of all matters and things relating to the care, preservation, improvement, adornment, good order and regulation generally of Paradise Park, MacIntyre Park,

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and the Colored People's Park on Broad Street, and all other similar parks and public playgrounds owned or controlled by the City of Thomasville; said Commission shall have the exclusive control and direction of the planting and caring for the trees, grass, flowers, and shrubbery in said parks and playgrounds; provided, that nothing herein contained shall confer power upon said commission to have or assume any authority over the cemeteries, or the side or center parks of and in the streets of the City of Thomasville, but all such shall be directly under the control and authority of the mayor and council, except the care, planting, preservation, and removal of trees and shrubbery on said center and side parks. Said commission shall keep a record of its proceedings, and shall elect one of its members as secretary and treasurer; it shall hold a stated meeting each month at the city hall, and such other meetings as it may prescribe from time to time, or as may be called by the chairman. The chairman shall be elected by the commission. Three (3) of said commission shall constitute a quorum with power to transact all business. The commission shall have the power to adopt such rules for its government as it may deem proper. Accurate accounts of expenditures made by said commission shall be kept, and regular quarterly reports made thereof to the mayor and council. The commission shall annually file a complete report of its actings and doings of the previous year, which shall be referred to the mayor and council, and be spread upon the minutes of the commission. All expenditures made by said commission shall be within such amount as has been previously appropriated by the mayor and council on application for such appropriation by said commission. Any expenditure in excess of any such appropriation shall be expressly approved by the mayor and council before the same is incurred. Said commission shall have the power to and shall make such rules and regulations as may seem to it proper, touching matters and things within its jurisdiction, which rules and regulations shall be submitted to the mayor and council of the City of Thomasville, and, when approved by the council

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of said city, shall become binding and effective. When said rules and regulations are confined by the council, provisions shall be made by the council for penalties necessary for the due observation of said rules and regulations. Park and tree commission created Election of commission. Oath of office. Powers and duties of commission. Record of proceedings. Secretary and treasurer. Chairman. Quorum. Accounts. Reports. Expenditures. Rules. Penalties. Sec. 2. Be it further enacted, that this Act shall not go into effect and become operative until the same shall have been ratified at an election to be called and held as provided in section 913(tt) of Park's Annotated Code of Georgia; provided, however, that if this Act is so ratified at such election, then the Act shall go in effect on the first day of January next succeeding said election, and be effective on said date and thereafter. Said election shall be held as provided by the laws of the State and provisions of the charter of the City of Thomasville. Referendum as to ratification of Act. 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, 1927. THOMASVILLE REGISTRY OF VOTERS. No. 161. An Act to amend the Act Approved October 3rd, 1889, entitled an Act to incorporate the Town of Thomasville as the City of Thomasville, and the several Acts amendatory thereof, so as to create a permanent qualification book for the qualified voters of the City of Thomasville, Georgia, and to provide for the registration of such qualified voters. Section 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 recited in the foregoing caption be and the same is hereby amended by incorporating therein as a part of said charter the following:

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(a) That from and after the passage of this Act the treasurer of the City of Thomasville, Georgia, is required to keep a book to be called the permanent qualification book, upon which all persons desiring to qualify as electors shall be required to qualify as now provided by the laws of this State and the provisions of the charter of said city. Such electors upon qualification shall sign their names in alphabetical order, and shall be subject to examination by the board of registrars of said city, as now provided by law. The said treasurer of the said city shall open his said permanent qualification book on the first Monday in October in 1927, and annually thereafter on the same day, and shall keep them open until 6 o'clock p. m. on the first Monday in December next thereafter at his office in said city every day, Sunday excepted, from 9 9 a. m. to 6 p. m. Such board of registrars shall have the right, and shall be charged with the duty, of examining each year the qualification of each elector entered thereon, and shall not be limited or stopped by the action taken at any prior time. Permanent qualification book of voters. Time for keeping book open. (b) That each year the said city treasurer of the said city shall make up the registration list for the year as now provided by law, putting on said registration list the names of such electors as appear on such permanent qualification book who have duly paid all taxes due. Registration list. (c) That the electors who have qualified and have signed the permanent qualification book shall not thereafter be required to register or further qualify, except as may be required by the board of registrars. And such electors shall in all cases be entitled to receive the same notice and shall have the same right as now given by law; provided, that no person shall remain registered longer than he retains the qualification under which he registered. Rights of persons qualifying. (d) That the city treasurer shall furnish to the board of registrars the list of persons that he registers for each year as now provided by law for furnishing registration lists to such registrars. And the said board shall proceed

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as now provided, to determine whether the list furnished contains the names of all and only the voters or electors qualified and entitled to vote at such election. Action of board of registrars. (e) Voters who have registered, as aforesaid, will be qualified to vote in all municipal elections in said city, and no one shall be entitled to vote who is not registered as aforesaid. Voting confined to registered persons. (f) That when any persons desires to vote, he may be challenged and required to take, in addition to the oath now required, the following oath in writing: I do solemnly swear that I am (here insert name, the same as on registration list); that I duly qualified as a permanent elector, and at the time gave my address as (here give address given in registration book); that I have for the last six months resided at the following addresses (here give detailed addresses during last six months, with such particularity that the same can be readily verified or disproved); that I have resided at such places under the name of (here insert any name or alias used). Such written oath shall be filed with the manager of the election and preserved. Oath of voter. Sec. 2. Be it further provided, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 11, 1927. THOMSON NEW CHARTER. No. 303. An Act to amend the original Act incorporating the Town of Thomson, in McDuffie, and all the acts amending said original Act, including the Acts approved December 13th, 1900 and August 14th, 1917 and including the Act incorporating the City of Thomson in lieu of the Town of Thomson, approved July 27th, 1920; to amend, alter, and enlarge, and, so far as any of said acts may be in conflict herewith, to supersede all of said

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several Acts, and to create a new charter for the City of Thomson; to provide for the election, qualifications, term of office, salaries and payment of same, of all officers of said City of Thomson, including a city clerk and recorder; to provide for elections to fill all offices, presprescribe who may vote, and under what conditions; to fix the duties of all officers and employees; to provide for the creating of a recorder's court and for the trial and disposition of all cases therein, and provide for fines and other punishment that may be imposed therein; to provide the manner of executing its sentences, and the disposition of all fines and forfeitures arising therein; to provide for the laying out, opening, and construction of new streets, alleys, driveways, and other public grounds, the widening and otherwise improving of established streets, alleys, driveways, and other public grounds, including the pavement of such streets, alleys, driveways, and other public grounds, opened and to be opened, and to provide how, in what manner, and after what notice same may be done; to provide for the issuance of bonds for public improvements, especially for the purpose of paving streets, alleys, driveways, and other public grounds; and for the purpose of establishing, equipping, enlarging and maintaining systems of waterworks, sewerage, and electric lights; to provide for bond elections for such public improvements, the manner of holding same, and the method of determining when or whether such bonds shall be issued and sold, how and by whom the money arising from the sale of such bonds shall be disbursed; to authorize the payment of principal and interest on such bonds, and to levy and collect a tax for that purpose; to provide for the enlargement of the powers of said corporate authorities, and for the enlargement of the charter privileges incidental to the good government of the City of Thomson, not in conflict with other 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

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of the same, that the municipal government of the City of Thomson shall consist of a mayor and four councilmen, who shall hereby constitute a body corporate under the name and style of the City of Thomson, and by that name shall have perpetual succession, shall have a common seal, and shall be capable in law or equity to hold, receive, enjoy, possess, and retain to them and their successors, for the use of the City of Thomson, any real or personal estate of whatever kind or material in the jurisdictional limits of the City of Thomson, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all rights and liabilities of the present corporation of the City of Thomson in the corporate limits of the City of Thomson, and that the corporate limits of the City of Thomson, in the County of McDuffie, shall extend three fourths of a mile in every direction from the Knox Hotel in said city. Mayor and councilmen; powers. Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, that an election shall be held in the City of Thomson, on the 2nd Monday in January 1929, and biennially thereafter, for a mayor and four councilmen, to serve two years, and until their successors are elected and qualified. That at all city elections the polls shall be opened at 8 o'clock a. m. and close at 4 o'clock p. m. eastern time. Election of mayor and councilmen; term of office. Sec. 3. Be it further enacted by the authority aforesaid, that all citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who have paid all taxes imposed and demanded by the authorities of the city, and who have resided six months within the jurisdictional limits of the city, shall be qualified to vote at said election. Qualified voters. Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and council shall have the city clerk of Thomson to make a list of the names of all voters that have qualified to vote under the charter of this city, and under the laws of this State, for municipal officers of the City of Thomson; that the city clerk shall provide a suitable

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book, alphabetically arranged, in which to list said qualified voters, and said city clerk shall give notice in some public gazette published in said city or having a general circulation, at least thirty days preceding the election, that his books are open for the registration of all voters who are qualified to vote for municipal officers of said city. List of voters. Registration of voters. Sec. 5. Be it further enacted by the authority aforesaid, that there shall be no expense attached to said registration, but all persons qualified to vote shall be allowed to take oath provided, and register in said permanent registration book under the provisions of the preceding section, without expense. Permanent registration. See Section 7. Sec. 6. That no persons shall be allowed to vote at any city election or primary in said city, or in any party primary, for the nomination of candidates, for mayor or councilmen of said city, who has not been duly registered according to the provisions herein set forth. Any one voting at such election or such primary without having registered shall be guilty of a misdemeanor. Voting confined to registered persons. Illegal voting. Sec. 7. Be it further enacted by the authority aforesaid, that it shall be the duty of the city clerk of the City of Thomson, on the first day of January 1928, to open a book, to be known as the permanent registration book of the voters of said city, and the voters of said city shall sign their names, and state their age at last birthday, in said book; upon taking an oath contained therein, which shall be substantially as follows: I do swear that I am a legally registered voter of McDuffie County, and that my name is upon the permanent qualification book of said county; and I do further swear that I have resided within the corporate limits of the City of Thomson for the six months last passed, and that I have paid all taxes legally imposed upon and required of me by the authorities of the City of Thomson; so help me God. Permanent registration book. Sec. 8. The city clerk shall keep said permanent registration book open daily (Sundays excepted) during such reasonable hours as may be prescribed by the mayor and

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council, to enable the voters of said city to register their names therein, and no person registering therein shall be required again to register as a qualified voter of said city, so long as he remains a resident of said city, and does not disqualify himself by the non-payment of taxes or otherwise; it being the purpose of this section to provide a permanent system of registration for said city. Time of keeping book open. Sec. 9. Whenever any general, special, or primary election is to be held in the City of Thomson, it shall be the duty of the city clerk to close the registration books 10 days before such election, and turn the same over to the mayor, who shall, with the advice and consent of the council, appoint a board of three registrars whose duty it shall be to make from said books a list of voters for said election, and in making said list the registrars shall exclude the names of all persons on the permanent registration book who registered less than ten days before said election, as well as those who have died, removed without the city limits, or who have failed to pay all taxes and licenses required of them by the authorities of the City of Thomson, or have disqualified themselves in any way as legal voters. The list of voters so made up by the board of registrars shall be certified to by them as a true and correct list of those entitled to vote in said election, and shall be furnished to the managers of the election; and no person whose name does not appear on said list shall be allowed to vote in said election, unless he produces a certificate signed by the registrars that his name was omitted therefrom by accident. It shall be the duty of said board of registrars to diligently and thoroughly examine the permanent registration book for the purpose of ascertaining if any person has registered illegally, and to this end may summon all persons as to whose right to register they entertain any doubt either from the examination of the tax books of the city, State or county, criminal records, or from any other source they may show why their names should be stricken from the registration book and list. Said summons shall be served by the chief of police or any

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policeman of said city. Should said examination show to the satisfaction of said board that the person summoned is not entitled to register under existing laws, his name shall be stricken from said book and list; and should he fail to appear as required, they shall proceed as though he was present. Time of closing registration book. Board of registrars. List of voters. Sec. 10. That the mayor shall appoint three freeholders of said county, residents of said city, who shall be registered voters in said city, to manage said election. It shall be the duty of the managers to receive, count, and verify the number of voters polled. Each of said managers, before entereing upon his duties, shall take the following oath before any official authorized to administer oaths under the law of the State: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and to prevent all illegal voting to the best of my ability; so help me God. Managers of election. Oath of managers. Sec. 11. Be it further enacted by the authority aforesaid, that no one shall be eligible to the office of mayor or councilman who is not a registered voter of said city. That the superintendent of such election shall declare those persons receiving the highest number of votes for mayor and councilmen duly elected, and furnish a certificate to that effect; shall return one tally-sheet and list of voters to the mayor and council; and said mayor and council as soon as they are informed as to the result of said election, shall cause the person or persons so elected to be notified of the fact, and the person or persons so elected must present themselves at the council chamber and take and subscribe before the outgoing mayor or any officer authorized to administer oaths, and the newly elected mayor and each member of council shall take and subscribe, to the following oath: I swear that I will faithfully and impartially demean myself as mayor (or councilman, as the case may be) during my continuance in office. I have not in order to influence my election to this office, directly or indirectly, promised my vote or support to any person or officer in the said government of the said

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City of Thomson, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in said government to be influenced by fear, favor, or hope of reward; but in all things pertaining to my said office I will be governed by what, in my judgment, is for the public good and for the best interest of said city, So help me God. Mayor and councilmen must be registered voters. Certificate of election. Oath of office. Sec. 12. Be it further enacted, that in case the mayor or any member of the council, while in office, shall be guilty of wilful neglect, malpractice, or abuse of power conferred on him, he shall be subject to indictment therefor in the superior court of McDuffie County, and on conviction shall be dealt with as the law directs in such cases, and in addition shall be liable, on conviction, to be fined not to exceed $100.00 by the mayor or recorder of the City of Thomson, said fine to be paid into the city treasury for the use of said city; and said officer shall thereupon be removed from office. Malpractice, abuse of power, etc., by mayor or councilman; penalty. MAYOR'S VOTE, VETO AND POWERS: EX-OFFICIO J. P. TRIAL OF OFFENDERS. Sec. 13. Be it further enacted, that the mayor shall be allowed to vote in the election of all municipal officers chosen by the mayor and council, but shall not vote on legislative questions and matters before the body except in case of a tie; he shall have the veto power, and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by at least three councilmen on a yea and nay vote duly recorded on the minutes of the Council; but unless he shall file in writing with the city clerk, his veto of any measure passed by the body, with the reasons which impelled him to withhold his assent, within four days after its passage, the same shall become a law just as if approved and signed by the mayor. The mayor shall be chief executive of said city. He shall see that all laws, ordinances, and resolutions of said city are faithfully executed; he shall have the general jurisdiction of

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all the affairs of the city, and to him all police officers and all city employees under the jurisdiction of the mayor and council shall be directly and immediately subjected. He shall have the power to punish for contempt before the mayor and council, by any fine not exceeding $20.00, or by confinement in prison for a period of not exceeding forty-eight hours, or both, in the discretion of the mayor. It shall be the duty of the mayor to preserve the peace, and he may appoint special policemen when in his judgment it is necessary. The mayor, and recorder of said city in the event that the office of recorder is created and established as hereinafter provided in this Act, shall be ex-officio justice of the peace so far as to authorize them or either of them to issue trial warrants for criminal offenses committed within the jurisdictional limits of the City of Thomson, and commit offenders tried before them, or either of them, to a court of competent jurisdiction, as in the judgment of the presiding officer of said court may be necessary. Said mayor, or mayor pro tem., or recorder, shall have the power and authority to try all offenses and violations against the laws and ordinances of said city, committed within the corporate limits thereof, and, upon conviction, to punish offenders by a fine not exceeding $100.00, by imprisonment in the city jail, or guard-house, for any term not exceeding ninety days, or by compulsory work for not exceeding ninety days on the streets of the City of Thomson, or on the chain-gang of said city, as the presiding officer of said court may direct. Any or all of the above punishments may be inflicted in the discretion of the mayor, or the mayor pro tem, or the recorder, as the case may be, presiding in said court. And such presiding or trial officer shall have authority to impose any of the above punishments in the alternative. Whenever any person is convicted or sentenced to pay a fine and to work upon the streets of said city or other public works thereof, and fails or refuses to pay said fine, the collection thereof shall be enforced by execution, levy and sale, in the same way and manner as the collection of taxes are enforced in said city. Veto of mayor. Powers and duties of mayor. Judicial powers of mayor and recorder. Execution for fine.

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VACANCY IN OFFICE. Sec. 14. Be it further enacted, that in case of a vacancy of the office of mayor or councilman, the mayor pro tem. shall immediately call a special election to fill said vacancy; notice of such special election shall be given as herein provided for the holding of regular elections; and said election shall be held in the same manner as provided for regular elections, and shall be called to be held within thirty days from the date of said notice. Vacancies how filled. MAYOR PRO TEM. Sec. 15. Be it further enacted, that at its first regular meeting upon organization, the Council shall elect one of its number to be mayor pro tem.; and in case of the resignation, death, removal, disability, or disqualification of the mayor, the mayor pro tem. so elected shall, upon taking the oath as mayor, serve as mayor, with all of the rights, powers, and duties of the mayor in all respects. If the service of the mayor pro tem. shall continue for as long as thirty days, he shall be compensated at the same rate and in the same manner that the mayor is paid. In case of a vacancy in the office of mayor pro tem., the councilmen may elect one of their number to succeed him. Mayor pro tem.; election, duties, pay. Vacancy. MAYOR'S SALARY. Sec. 16. Be it further enacted, that the mayor of the city shall receive a salary of not less than $250.00 and not more than $500.00 per annum. Said salary shall be fixed by the councilmen for the full term of the mayor at the first regular meeting of council after election and qualification, and the salary so fixed shall not be changed during his term of office of two years. Salary of mayor. COUNCILMEN AND THEIR SALARIES. Sec. 17. Be it further enacted, that the legislative body of the City of Thomson, shall consist of four councilmen, who shall be elected at the same time and for the same

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term as the mayor, and their qualifications shall be the same as those of the mayor, and they shall each retain an annual salary of not less than $100.00 and not more than $250.00, said salary to be fixed by the mayor and council at its first meeting upon organization. Councilmen; election, salaries. CITY CLERK, [Illegible Text] SALARY. Sec. 18. Be it further enacted, that at its first regular meeting after qualification, or as soon thereafter as possible, the Mayor and Council of the City of Thomson, shall elect a city clerk, who shall also be ex-officio treasurer of the city. His qualifications and term of office shall be the same as those of the mayor, and he shall take such oath of office as the mayor and council may prescribe. He shall be the clerical officer of the council, and shall attend all the meetings; he shall be the keeper of the seal of said city; he shall be ex-officio clerk of the mayor's court of said city, and attend its sessions; he shall be ex-officio clerk of the board of tax-assessors and of the board of health of said city, and he shall be ex-officio clerk or secretary of any other board of said city created under the provisions of this act, or that may be created or established under the laws and ordinances of said city, or by the mayor and council thereof. It shall be the duty of said city clerk to do and perform such other services for the mayor and council as may be required of him as clerk, and he shall be ex-officio tax-receiver, ex-officio tax-collector, and as ex-officio treasurer shall be authorized to do any act which a treasurer would be authorized to perform. Said city clerk shall receive a compensation of such salary as may be fixed by the mayor and council, not to exceed $125.00 per month, payable monthly out of the general funds of the City. City clerk, ex-officio treasurer, etc.; duties. Salary. CITY ATTORNEY, SALARY, FEES. Sec. 19. Be it further enacted, that at the first regular meeting after their qualification the mayor and council shall elect a city attorney, whose term of office shall be

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three years, whose duty shall be such as is required by laws and ordinances of said city, and by the direction of the mayor and council. The said city attorney shall be paid a salary to be fixed by the mayor and council, not to exceed the salary paid to councilmen, same to be paid annually. He shall represent the city in all matters in which the city is interested or involved, and shall be paid for all extraordinary legal services such compensation as may be reasonable and just, and as may be agreed upon between himself and the mayor and council. Whenever in the judgment of the mayor and council, it shall be advisable to employ additional counsel to assist the said attorney, authority to do so is hereby given the mayor and council. City attorney. Additional counsel. EMPLOYMENT OF SEXTON. Sec. 20. Be it further enacted, that the mayor and council shall have authority to elect a sexton for the purpose of superintending the City cemeteries. His duty shall be such as shall be prescribed by the mayor and council, and the ordinances of said city. He shall receive such compensation as may be fixed by said mayor and council. Sexton. CITY PHYSICIAN. Sec. 21. Be it further enacted, the mayor and council shall have the authority to elect a city physician, whose duty shall be such as shall be prescribed by said mayor and council, and the ordinances of said city; his compensation shall likewise be fixed by the same authority. City physician. POLICEMEN. Sec. 22. Be it further enacted, that at the first regular meeting after qualification the mayor and council shall elect a chief of police and one assistant and as many additional policemen as in their judgment may seem proper and necessary. Such officers shall be elected for the term of one year; shall be paid such compensation as may be

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prescribed by the mayor and council, not to exceed a salary of $125.00 per month; provided, that said officers shall, in adition to such salary as may be fixed by said mayor and council, receive such fees and commissions as may be prescribed by the mayor and council. All such officers shall make and subscribe such oaths as the mayor and council may prescribe for the faithful performance of their duty, and to strictly account for all money that comes into their hands as officers of said city. They shall perform such duties as is required and provided for with this Act, and as may be prescribed and required of them by the laws and ordinances of said city and by said mayor and council. Policemen. Salary. BOARD OF TAX-ASSESSORS. Sec. 23. Be it further enacted, that said mayor and council shall elect three intelligent, discreet, and upright freeholders and qualified voters of the City of Thomson, as a board of tax-assessors, whose terms of office shall be one year. It shall be the duty of said board of tax-assessors to assess the value of all real estate and personal property in said city for the purpose of taxation, and to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of all property thereof when in their judgment the value placed thereon is too small. The mayor and council shall have authority to prescribe rules for the government of said board of tax-assessors. Said assessors shall make returns of the assessments made by them to the mayor and council each year, at such time as the mayor and council may by ordinance direct. If the taxpayer is dissatisfied with the assessment made of his property, either real or personal, by said assessors, such taxpayer shall, within ten days after being notified by the mayor and council of the assessment made of his property, file written notice with the city clerk of his dissatisfaction. The mayor and council will set a time for hearing objections to assessments, said objections to be heard by said mayor and council. All assessments made by said board of assessors of real and personal property

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shall be final, if no objection is made on or before the time set for hearing objections by said mayor and council; and if objections are made at the said hearing to any assessment, the decision of said mayor and council, on the hearing of said objection may increase or decrease the assessment as made by the board of tax-assessors. Tax-assessors. Objections to assessment. TAX-DIGEST. Sec. 24. Be it further enacted, that it shall be the duty of the city clerk to enter the names of all taxpayers on the city tax-digest, together with such assessments of real and personal property as made by the board of tax-assessors; provided, said assessment of the board of tax-assessors is adopted and approved without correction by lowering or raising said assessment by said mayor and council as provided herein. Tax-digest. TAX LEVY. Sec. 25. Be it further enacted, that on the regular meeting of council in September of each year the said mayor and council shall levy and make up the tax levy for that year, according to the provisions of this Act and according to the general laws of the State and the ordinances of said city. Tax levy. TAX BOOKS TO OPEN. Sec. 26. Be it further enacted, that on the first day of October in each year (if on Sunday, the next following) the tax books of said city shall be open by the city clerk in said city for the payment of taxes, and kept open each day thereafter (Sundays excepted) for the purpose of receiving and receipting for all taxes due said city, and said books shall be kept open until the 20th day of December of each year, when said books shall close. Time of opening and closing tax-books. LIST OF DEFAULTERS. Sec. 27. Be it further enacted, that immediately after said books are closed, the city clerk shall make a neat

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and correct list of all taxpayers who have not paid their taxes for that year, specifying the amount each are due, the same to be turned over to the mayor and council to be passed upon at the final meeting of said mayor and council for that year, and to be by them turned over to the succeeding mayor and council. Tax defaulters. TAX DEFAULTERS, EXECUTIONS. Sec. 28. Be it further enacted, that on the first day of January of each year (if on Sunday, the next day following) executions shall be issued against all delinquent or defaulting taxpayers, which shall be a lien, second only to the lien for State and county taxes, on all property owned by the said delinquent or defaulting taxpayers. The executions shall be turned over to the chief of police of said city, who shall proceed to collect them in the same way as executions for the State are collected, and shall levy, advertise, and sell property subject to executions under the law governing sheriffs in levying, advertising, and selling property under executions for State and County taxes. The deed of the chief of police of [Illegible Text] city to any property sold under any execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes shall be allowed to redeem the same by paying the purchaser, at any time within one year from the sale, the full amount of his bid with ten per cent. premium thereon, besides the costs which have accrued. Tax executions. SUSPENSION OF OFFICERS. Sec. 29. Be it further enacted, that the mayor and council of said city shall have the right at any time, without trial, to suspend or remove any of said officers elected by mayor and council, for breach of duty or for failure to do his duty, insubordination, incapability, or for conduct unbecoming an officer or gentlemen, or for other good and sufficient causes or reasons, to be judged by the mayor

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and council. The mayor may, at any time during recess of the council, suspend any of the said officers elected by mayor and council, for any of the above-named reasons, for a period not to exceed ten days, without pay, and appoint a substitute to fill his place. Removal or suspension of officer. POLICEMEN AND DETECTIVES. Sec. 30. Be it further enacted, that the mayor and council of said city shall have the power to employ such additional policemen or detective force as the good government of said city may require, and the compensation and duties of said force shall be fixed and determined by said mayor and council. Additional policemen, etc. TAX AD VALOREM. Sec. 31. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of the City of Thomson, the mayor and council shall have full power and authority to assess, levy, and collect an ad valorem tax on all real and personal property of every kind located within said city, and subject to taxation under the laws of the State of Georgia, of not exceeding five mills upon the value of said property, for each year, for the purpose of paying ordinary current expenses of said city, which tax shall not include taxes for school purposes, nor does the same include any tax that may be necessary, in the judgment of the mayor and council, for the purpose of meeting the interest due on any bonded indebtedness of said city, or for providing a sinkingfund for the final payment of any bonds that have already been issued, or that may hereafter be issued. Ad valorem tax. POLICE COURT TRIALS, ACCUSATIONS AND PLEAS. Sec. 32. Be it further enacted, that all trials in the police court of said city shall be had without written pleading of any kind, unless the defendant shall, upon the calling

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of the case, file a written demand with the city court; then an accusation in writing shall be preferred against him in substantially the following form: Georgia, McDuffie County, City of Thomson. I..... policeman of said city, in the name and in behalf of the Mayor and Council of said City of Thomson, charge and accuse..... with the offense of..... committed in said city on the..... day of..... 19....., contrary to the laws of said city. This the..... day of....., 19..... Trials in police court. Accusations. ..... Policeman. shall be preferred against the defendant, and filed in said court; whereupon the defendant shall enter his plea thereon in writing; and the issue being thus formed, the case shall proceed to trial and disposition. POWERS OF POLICE COURT, CONTEMPT. Sec. 33. Be it further enacted, that the said police court and the presiding officer thereof shall have the power to punish for contempt against its lawful authority whenever in its presence or otherwise; to issue summonses and subpoenas for witnesses and compel their attendance, whether residents of this city or not; to issue subpoenas duces tecum for witnesses and the productions of books and papers, whether in the city or not, and compel their production; to compel the presence of witnesses by imprisonment, if necessary, and to take bonds to secure their attendance, and to forfeit said bonds before police court; to punish as for contempt failure to obey its legal summonses and orders; to grant continuances under rules of law; to take bonds and recognizances for persons charged with offenses against the laws and ordinances of said city, for their appearance at its sessions from time to time until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; to forfeit all appearance bonds when the principal shall refuse or fail to appear at said court at

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the time and place specified therein, under such rules and regulations as the mayor and council of said city shall by ordinance prescribe; and the said police court shall have the power and authority to do, generally, all other acts and things necessary for the proper enforcement of its authority. Said court shall have the power and authority to punish for contempt by any fine not exceeding twenty dollars, or by imprisonment in the city jail or guard-house not exceeding ten days, either or both, in the discretion of the presiding officer of said court; provided that a continuous failure or refusal by any person to obey the lawful orders or summonses of said court shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed. Powers of police court. Punishment for contempt. APPEARANCE BOND, FORFEITURE. Sec. 34. Be it further enacted, that the chief of police or any policeman of the city shall release any person arrested for violation of the laws and ordinances of said city, upon said person giving a bond with good and sufficient security to be approved by the chief of police or any arresting officer, city clerk, or recorder of said city, payable to the mayor of said City of Thomson, in an amount fixed by the said chief of police or other arresting officer, the city clerk, or recorder of said city, for the personal appearance of such person before the police court of said city at the time and place therein specified, to answer to the charge against him, and from time to time until the principal in such bond in tried and the case disposed of, and not to depart from thence except by leave of the court. And in the event such principal fails to appear before said court as stipulated in said bond, said bond shall be forfeited in said court, and the presiding officer thereof shall have the power and authority to order the principal in said bond rearrested and placed in the city jail or guardhouse until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper. Bond for appearance. Forfeiture of bond.

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CERTIORARI, COST AND BOND, PAUPER AFFIDAVIT. Sec. 35. Be it further enacted, that any person convicted in the police court in the City of Thomson for the violations of any of the laws and ordinances of said city shall have the right of certiorari to the Superior Court of McDuffie County; provided, all costs are first paid to the city clerk, who shall, upon payment thereof, certify in writing the same has been paid and bond and security given in double the amount of the fine imposed, to personally appear, stand to, and abide by the final judgment in said case; and if no fine is imposed and the defendant is sentenced to work on the street or other public works in said city, then a like bond shall be given, the amount of which to be fixed by the presiding officer of said court. All bonds given in certiorari cases to be approved by the presiding officer of said court. Provided further, that nothing in this section shall prevent the defendant, if he desires to certiorari his case, to file the usual affidavit in forma pauperis in lieu of giving bond and payment of the cost; and upon such affidavit being made and the above stated bond given, the same shall act as supersedeas of said judgment until the final judgment is rendered in said case. All certioraries shall be governed under the same rules and regulations, except as otherwise provided herein, as provided by law for the carrying of cases by certiorari from the court of ordinary to the superior court. Certiorari. POLICE TO ARREST WITH OR WITHOUT WARRANT. Sec. 36. Be it further enacted, that it shall be lawful for the chief of police or any other police officer of said city to arrest with or without a warrant, subject, however, to the provisions of the Penal Code of Georgia of 1910; any person or persons within the corporate limits of said city or within the police jurisdiction authorized by this Act, who at the time of said arrest, or before that time, has been guilty of violating any ordinances of said city,

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or State criminal law, and which may be done upon the information of any one or more citizens, and to hold such person or persons until a warrant is issued and until a hearing of the matter before a proper officer of said city, or any other officer having jurisdiction to try the same, can be had; and to this end said arresting officers of said city are authorized to imprison and confine any person arrested by them in the city prison until a warrant is issued as provided for herein, and passed on by the presiding officer of said police court. Said officers are authorized, to the same extent as the officers of the State, to execute warrants placed in their hands, charging any person with violation of any criminal laws of this State, with reference to the pursuit, arrest, and detention of persons charged with crime. The said officers shall be further governed in making such arrest by the provisions of this Act as to policemen's duties. Arrests. CITY RECORDER. Sec. 37. Be it further enacted, that the Mayor and Council of the City of Thomson, whenever in their judgment they see fit, may create the office of city recorder for said city, and elect some upright and intelligent person reasonably skilled in the law, resident of said city, to perform the duties of that office, and fix his compensation. Said recorder may be elected at any time that in the judgment of the mayor and council, his services may be necessary or desirable; and he shall hold his office for a term of one year, and until his successor is elected and qualified. He shall be a qualified voter of said city, and shall take and subscribe to such oath as the mayor and council may by ordinance prescribe. It shall be the duty of said recorder to preside in the police court of said city in all cases, except when providentialy hindered, or when absent from the city, or when he may be disqualified, with the same power and authority as vested in the mayor. Recorder.

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POLICE COURT JURISDICTION. Sec. 38. Be it further enacted, that the mayor pro tem. or the recorder of said city shall have, in addition to the jurisdiction herein conferred, criminal jurisdiction of a justice of the peace within the corporate limits of the City of Thomson; and when it shall appear, upon the trial of any case in the police court of said city, that an offense against the laws of the State has been committed within the limits of said city, it shall be the duty of the mayor, mayor pro tem, or the recorder of said city, as the case may be, presiding in said court, to make a thorough investigation into the facts, and commit the offender or offenders to jail or bail to answer to the court having jurisdiction of the offense, if the offense is bailable. Commitment or bail. NUISANCES. Sec. 39. Be it further enacted, that the Mayor and Council of the City of Thomson shall have full power and authority to declare any business or calling that, by reason of its nature, might tend to increase idleness, a nuisance, and refuse to grant a license, or, if license is granted, revoke such license, to any person, firm, or corporation, to pursue such calling or profession, or to carry on such business within the corporate limits of said city. That said mayor and council may by ordinance declare what shall be a nuisance in said city, and by ordinance provide for the abatement of same. The police court of said city shall have concurrent jurisdiction with the mayor and council of said city in respect to the trial and abatement of all nuisances in said city. Refusal to grant license. Nuisances. ANIMALS AT LARGE. Sec. 40. Be it further enacted, that the mayor and council of said city shall have the power and authority to prevent horses, mules, cattle, sheep, hogs, goats, dogs, and all other animals from running at large in said city; to prevent and prohibit the keeping of hogs within the city

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limits, or to regulate the manner in which they must be kept by persons in said city, if allowed kept therein, and shall have full power and authority to take up and impound any such animals, and punish all owners of such animals who shall fail or refuse to abide by such ordinances as may be adopted by the mayor and council of said city to carry out and effectuate this authority. Animals. DOG TAX. Sec. 41. Be it further enacted, that the mayor and council shall also have authority to levy and collect such taxes as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof; and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinance. Tax on dogs. AID IN ARREST. Sec. 42. Be it further enacted, that the Mayor and Council of the City of Thomson shall have the power and authority to authorize, by ordinance, the chief of police, or any police official of said city to summon any and all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any law of this State, and provide a punishment for any person or persons failing or refusing to obey such summons. Power to require aid in arrest. IMPOUNDING ANIMALS, REGULATIONS, ETC. Sec. 43. Be it further enacted, that the mayor and council shall have authority to establish pound for the impounding of any of the animals named in section 40, 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 animals impounded, before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where no owners appear, or when

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payment of impounding fees charged, penalties, or costs are refused; to provide for the punishment of all persons who shall break or enter the pound. Impounding animals. Sec. 44. Be it further enacted, that the Mayor and Council of the City of Thomson shall have power and authority to require and compel and make all male persons between the ages of 16 and 50 years, subject to road or street duties, residents of said city, work on the streets, alleys, and thoroughfares within the city limits not to exceed ten days in each year, at such time or times as the mayor and council may order and provide for by ordinance, or to pay a commutation tax in lieu thereof not to exceed $10.00 in any one year, to be paid at such time or times as may be by proper ordinance designated. Should any person liable to work on the streets, alleys, and thoroughfares under this section fail or refuse to do so or to pay the street-tax assessed in lieu thereof, after having received due notice to do so, as said mayor and council may require, he shall be deemed guilty of a violation of this section, and, on conviction in the police court of said city, shall be fined in a sum not exceeding $10.00 or imprisonment in the city jail, or by labor in the chain-gang of said city not exceeding 20 days. The mayor and council shall pass such ordinances as they may deem proper and necessary for enforcing the provisions of this section, and for the collection of such tax. Street work; commutation tax. Penalty. Sec. 45. Be it further enacted, that the said mayor and council shall have authority to establish and put into operation a board of health for said city. The duties, powers, and compensation of said board and the number of members that shall comprise the same shall be such as are fixed and prescribed by the ordinances and the laws of said city. Said mayor and council shall have the authority to enact all ordinances and regulations, prescribing penalties for the violation of such laws and ordinances, that may be necessary for the purpose of maintaing such board of health. Board of health. Sec. 46. Be it further enacted, that the said mayor and council shall have the power and authority to enact and

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enforce ordinances to prevent the spread of any infectious or contagious diseases; to compel the vaccination of all persons within the limits of said city, whether residents or sojourners; to isolate any person or persons in said city affected with any contagious or infectious disease, by confining such person or persons within the limits of the premises provided by the mayor and council; either within or without the corporate limits of the city, for such purposes; to isolate any person or persons who have been exposed to any infectious or contagious diseases during the usual period of incubation of such disease, by confining such person or persons during such period within the premises provided for by the mayor and council, either within or without the corporate limits of said city. The mayor and council shall also have the power and authority to establish, declare, and maintain quarantine against all infectious or contagious diseases, and to punish violators of any quarantine regulations of the city. They shall have power to build, establish, and maintain pest-houses either within or without the corporate limits of the city, and for this purpose they are authorized to buy, hold, or receive real estate either within or without the city limits. They shall have the power to provide vaccination points and to employ physicians at the expense of the city to vaccinate all persons who are unable to procure vaccination, and may provide by ordinance punishments for persons failing or refusing to be vaccinated, and prescribe punishment for all persons violating any ordinances, rules, and regulations enacted by said mayor and council for the prevention of diseases and for the promotion of the health of said city. Health ordinances. Quarantine. Vaccination. Sec. 47. Be it further enacted, that said mayor and council are authorized to enact any and all ordinances, rules, and regulations necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may

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be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove-pipes, or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm, or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, said mayor and council may order such building removed or altered; and if such person, firm, or corporation shall not remove or alter such building after notice to do so as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Fire limits. Building regulations. Sec. 48. Be it further enacted, that the mayor and council of said city shall have the absolute, full, and complete control and supervision of the streets, sidewalks, alleys, lanes, parks, and squares of said city, and have full power and authority to open, lay out, widen, straighten, grade, or otherwise change the streets, sidewalks, alleys, lanes, parks, and squares of said city, and shall have the power to lay off, grade, vacate, close up, open, curb, and pave the roads, streets, bridges, alleys, sidewalks, cross-drains; cross-walks, drains and gutters, or any of them, for public use of laying wires or lines or sewer-pipes throughout the streets, squares, lanes, alleys, parks of said city, upon terms and conditions as the mayor and council may by ordinance provide. And the mayor and council of said city shall have full power and authority to condemn property

Page 1655

for the purpose of laying out and opening new streets, sidewalks, alleys, squares, and parks in said city, and for the purpose of widening, straightening, grading, or in any way changing the streets, lanes, alleys, and sidewalks of said city. Whenever the mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general law of this State with reference to the condemnation of private property for public use, as contained in article 1, chapter 9, of the Code of Georgia of 1910, beginning with section 5206 and embracing all sections following the same having reference to the condemnation of private property for public use, and as provided by acts amendatory thereof. The mayor and council of said city shall have full power and authority to remove or cause to be removed any building, steps, fences, gates, posts, or other obstructions or nuisances of any kind in the public streets, alleys, lanes, sidewalks, parks, squares, or located upon private property of said city, and to enforce the provisions of this section by enactment of appropriate ordinance. Powers as to streets, etc. Condemnation of property. Sec. 49. Be it further enacted, that the mayor and council of said city shall have full power and authority to pass all laws and ordinances necessary for the drainage and proper maintenance and care of the streets and alleys and other public places of said city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to repave, regrade, recurb, remacadamize, or repair in any way the pavement, curbing, grade, or drainage of the same, whenever in the judgment of said mayor and council the same becomes necessary or advisable, and the mayor and council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing, or repairing, maintaining and care of same shall

Page 1656

be paid; provided not more than one third of the cost of same shall be taxed against the owners of the land abutting on either side of any street so paved. Authority as to street-improvements. Sec. 50. Be it further enacted, that the said mayor and council shall have full power and authority to enact all laws and ordinances to require any railroad running in or which may thereafter have tracks running in, along, or across, or through the streets, alleys, or ways of the said city so improved as the mayor and council may direct, the width of their tracks and two feet on each side of their right of way, and to require said companies to repair or repave their aforesaid portion as the mayor and council may direct, and the mayor and council shall have the power and authority to enforce the provisions of this section by proper ordinances. Paving of railroad tracks. Sec. 51. Be it further enacted, that the mayor and council of said city shall have full power and authority by ordinance to regulate and prescribe the speed of railroad-trains running within the limits of said city, to require all railway companies to station watchmen at street-crossings; to require all trains running across or in or along any street to be preceded by a flagman; to make it a penal offense for any railroad company, its agents or employees, to block or obstruct any street-crossing with railroad-trains, cars, engines, any longer than is necessary for said trains, cars, or engines to pass over said crossings; to prohibit more than one train from crossing or running parallel with another train at the same time across a street-crossing; and to regulate in any other way the running or operation of any railroad-train within the city limits, as it may be deemed necessary to protect and safeguard the public, and to provide a penalty for the violation of any of the provisions of this section. Speed ordinances. Sec. 52. Be it further enacted, that the mayor and council of said city shall have the power and authority to maintain, equip, repair, extend, enlarge, and in any way improve the present system of waterworks, sewerage, and

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electric lights in the City of Thomson, for the purpose of supplying its inhabitants and the city and consumers generally with water, sewerage, and electric lights and power, or any of them, and the said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons, firm or corporation, for the purchase of lands or premises to be used in connection therewith, whether within or without the [Illegible Text], and to contract for the easement over land and premises to be used in connection therewith, whether the lands and premises over which the easements are desired are within or without the city limits, and, if necessary for any and all such purposes, to condemn the same as hereinafter set forth; said mayor and council, in the name of the city, shall have full power and authority to lease or purchase any plant, machinery, and any and all articles and things that may be necessary and advisable for the proper equipment of said plants or equipment, and for the purpose of properly repairing and maintaining the same, and for the purpose of extending, enlarging, or in any way improving said plants or equipment; to build and erect houses, bore wells, and furnish the same with machinery, tools, and equipment that may be necessary and expedient in the care and maintenance or said plants; and to generally have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance, and improvements of said plants, or the extension or enlargement thereof. The right to repair and keep up said plants, or either of them, and to purchase such articles and things for such purposes, may be exercised in the discretion of the mayor and council, in the name of the city. It shall have the right and authority to make contracts with the inhabitants of said city and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, electric power, lights, and sewerage, or any of them, at such rates and under such rules and regulations as the mayor and council may provide. The Mayor and Council of the City of Thompson shall have the full power and

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authority to establish and maintain a new system of waterworks, electric lights, sewerage, or any of them, whenever it may be necessary or advisable, for the purpose of furnishing or supplying its inhabitants, and the city and consumers generally with water, electric lights, sewerage, electric power, or any of them; and when such power and authority is exercised, the mayor and council shall have the same rights, powers, privileges, etc., for the erection, equipment, care, maintenance, repairing, and improving of such new system, and the making and enforcement of such contracts as may be necessary for the furnishing of water, lights, sewerage, electric power, or any of them, to the inhabitants of said city and non-residents thereof, the city having the right to acquire, own and possess, whether within or without limits of said city, as herein conferred upon and granted said mayor and council as hereinabove set forth, respecting the present system of waterworks, electric lights, and sewerage of said city. Provided nevertheless, that nothing herein contained shall be so construed as to authorize the city authorities of Thomson, to violate the terms of a contract between the Mayor and council of City of Thomson, and Thomson Light and Water Company, dated 27th day of August, 1919; and the validity of same contract is expressly ratified hereby. Waterworks, electric-lights. Contracts for water, lights, sewerage. Sec. 53. Be it further enacted, that the said mayor and council shall have full power and authority to grant franchise over its streets and other public property to any person, firm, or corporation for the furnishing of water, electric lights, electric power, sewerage, or any of them, to the city and its inhabitants, and to make such contracts with such persons, firms, or corporations for water, electric lights, electric power, sewerage, or any of them as the mayor and council may deem proper; provided, that the city shall not be bound by any such contract for a longer period than two years from the making thereof, unless said contract shall have first been approved by a majority vote of the qualified voters of said city in an election to be held for such purpose, of which at least four weeks notice shall be given in

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a newspaper in said city, by the mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and said election shall be governed by the laws of said city applicable to the regular election for mayor and councilmen; and provided further, that no franchise shall be granted for a period of longer than fifty years from the date of granting same. The Mayor and Council of the City of Thomson are hereby authorized and empowered to enact all laws and ordinances, rules, and regulations necessary to carry out and effectuate this section. Franchises, grant of. Sec. 54. Be it further enacted, that the mayor and council, in the name of the City of Thomson, shall have full power and authority to condemn any land or premises, within or without the limits of said city, for the purpose of establishing and maintaining an electric-light plant, a waterworks system and sewerage system, drainage system, or any of them, for said city, or for the purpose of maintaining, extending, enlarging, or improving the present electric lights, waterworks, and sewerage systems or drainage system of said city, or any of them, and for either or all of said purposes; provided, however, that whenever the right to condemn lands and premises herein granted be exercised, appropriate proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this State, with reference to the condemnation of private property for public use, as contained in article 1, chapter 9, of the Code of Georgia of 1910, beginning with section 5206 thereof and embracing all sections following, the same having reference to condemnation of private property for public use, and as provided by Acts amendatory thereof. Condemnation of property. Sec. 55. Be it further enacted, that whenever the City of Thomson, acting through its mayor and council, shall desire to create a debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by two thirds of the qualified voters of said city, at

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an election held for the purpose as provided by law; provided, said two thirds so voting shall be a majority of the registered voters. The mayor and council shall have the authority to enact all necessary ordinances to carry out and effectuate the provisions of this section. Election as to creation of debt. Sec. 56. Be it further enacted that the City of Thomson may issue bonds for the payment of its debts or for public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia. Bond issues. Sec. 57. Be it further enacted, that the mayor and council of said city shall have the full power and authority to grant licenses to all persons, firms, or corporations opening up, keeping, or maintaining any kind of business within said city. The mayor and council shall also have the right to fix and prescribe the amount of licenses and provide when same shall be paid; to provide for the revocation of any or all licenses issued under this section; to provide for the enforcement and effectuating the provisions of this section, and to provide penalties for the violation of any of the provisions thereof, by ordinance. Licenses. Sec. 58. Be it further enacted, that said mayor and council shall have full power and authority to require any person, firm, or corporation, whether a resident or nonresident of said city, engaged in carrying on, or who may engage in or carry on, any trade, business, vocation or profession within the corporate limits of the City of Thomson, either by themselves or by their agents, to register annually, and to require such person, firm, or corporation to pay, for such registration and for licenses to prosecute, carry on, or engage in such business, calling, or profession, such amount as the mayor and council may by ordinance require. Said mayor and council may by ordinance provide for the punishment of all persons, firms, or corporations who are required by ordinance to pay the said specified tax and register, who shall engage in, or offer or attempt to engage in such business, calling, or profession, without

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first complying in all respects with the city ordinance in reference thereto. Registration of business. Sec. 59. Be it further enacted, that the mayor and council of said city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles, trucks, and any and all kinds of high-speed vehicles in said city, whether said vehicles are propelled by hand, foot, steam, electricity, or other motor-power; to prescribe the rate of speed at which the same may be run; the qualifications of the driver, chauffeurs, or operators of said vehicles; to provide for the registration of such machines, and to do any and all and every act and thing necessary or incident to the safety of the public. The mayor and council of said city shall have the authority to effectuate the provisions of this section by ordinance, and to provide the penalties for the violation thereof. Regulation of motor-vehicles, bicycles, etc., registration. Sec. 60. Be it further enacted, that the mayor and council of said city be and they are hereby empowered and authorized to regulate by ordinance the selling, weighing, measuring, of hay, ice, coal, and all other articles and commodities sold by weight or measure; to require dealers to keep honest weights and measures; to give full and honest weights and measures; to provide for the inspection and regulations of such weights and measures; to provide that the policemen of said city shall have the power and authority to stop wagons or drays loaded with any such articles and commodities, and have the same measured and weighed and see if the articles or commodities thereon are of full weight or measure, and to prescribe penalties for any violation of this section or any ordinance adopted effectuating same. The provisions of this section shall also apply to persons who reside without the limits of said city, bringing any of said articles or commodities in said city for sale. Weights and measures. Sec. 61. Be it further enacted, that the mayor and council of said city shall have full power and authority to compel any resident or non-resident or property-owner, owning

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land located upon any of the streets of said city over which the water and sewer mains now extend, or may hereafter be erected and occupied either by the owner or by tenants, to connect the same with the water and sewerage system now laid or hereafter laid by said city, and to compel said property-owners or others owning, controlling, or using such buildings, to pay the expenses of said connections when done by the city (which authority is hereby granted in the event such owner or other persons fail or refuse to cause such connections to be made within such reasonable time as the mayor and council may direct), in the same manner and under the same rules and regulations that the collections of taxes are enforced. The mayor and council of said city shall have the authority to require all surface-wells, dry wells or other like places to be filled in at the expense of the owner; and should the owner fail or refuse to fill the same within a reasonable time, as the mayor and council may direct, the same shall be done by the city and the expense thereof shall be collected from the owner of same. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. Pipe connections. Filling wells. Sec. 62. Be it further enacted, that the mayor and council of said city shall have the power and authority to regulate the building or repairing of any buildings within the corporate limits of said city, or the removal thereof; to require persons desiring to build, or remove buildings in said city, to first obtain a permit from the mayor and council, or from the officer who may be authorized to grant the same, before erecting or repairing or removing same; to refuse to allow buildings to be erected, repaired or removed in said city when satisfied that said buildings or additions thereto, or repairing thereof, or the removal of same, will be manifestly against the best interest of the city or will endanger the safety or health of the citizens, or likely to become a nuisance and offensive to the property-owners or residents of said city; to require applications for permits to be made, and prescribe how they shall

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be made, and where they shall be filed; to provide for the removal, at the expense of the owner or owners or builders, of any house erected, repaired, or removed in violation of such rules and regulations as may be prescribed by said mayor and council for the building, repairing, or removing houses in said city; and the mayor and council of said city are hereby authorized and empowered to enact all necessary ordinances to carry out and effectuate the provisions of this section, and to provide a penalty for violation of such ordinances. Building regulations. Sec. 63. Be it further enacted, that the said mayor and council shall have the power and the authority to grant franchises, permits, easements, and rights of way on, under, and over the streets, alleys, lanes, squares, sidewalks, parks, and other property of said city, upon such terms, conditions, reservations, restrictions and limitations as the mayor and council may fix and prescribe; provided, however, that the same shall not be granted for a period longer than fifty years, nor without compensation to the city; and provided further that the same or any of them shall be subject to taxation by said city. The mayor and council are hereby authorized to enact all ordinances necessary to carry out and effectuate the provisions of this section, and to provide penalties for the violation of said ordinances. Franchises, easements, etc. Sec. 64. Be it further enacted, that said mayor and council shall have power and authority, by ordinance, to prescribe the method for making application for any such franchise, permit, easement, and right-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchises, permit, easements, or right-of-way, if granted, shall become operative; and generally to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice, and the granting of same as the mayor and council may deem necessary or advisable. Method of making application for franchise, etc. Sec. 65. Be it further enacted, that the said mayor and council shall have full power and authority, by ordinance,

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to establish and maintain public parks in the streets of said city, and at other places therein, as they may deem proper. Parks. Sec. 66. Be it further enacted, that the said mayor and council shall have full power and authority to provide for the working of convicts from the police court upon the streets and other public places and works of said city; to establish, equip, and maintain a city chain-gang, and prescribe rules and regulations for the proper management of same; to maintain, establish, and equip a city jail or guard-house in said city for the safekeeping of prisoners, convicts, and persons charged with violating the laws and ordinances of said city, and to provide for the feeding of such prisoners; the mayor and council shall have the authority to enact all ordinances necessary to carry out the provisions of this section. Working convicts. Sec. 67. Be it further enacted, that the mayor and council shall have full power and authority, by ordinance, to create and establish a fire department in said city; to provide for the pay and equipment thereof; to purchase any necessary apparatus and make any needful rules and regulations for its proper maintenance. Fire department. Sec. 68. Be it further enacted, that the chief of police and policemen of said city shall have the right and authority to arrest, without warrant, any person idling, loitering, or loafing upon the streets, sidewalks, and alleys, lanes, parks, or squares of said city, or in any public buildings in said city, and imprison such person or persons in the city jail or guard-house, or to admit them to bail for appearance for trial for the offense before the police court; said chief of police or policemen are also empowered and authorized to arrest without warrant, and detain for a reasonable length of time, any person who may be acting suspiciously in said city, or whom said officers may suspect of having evil design against some person or property of said city, or the laws and ordinances thereof. Also to arrest and detain, without warrant, any person who may

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be an escaped convict of the State or any municipality thereof; or who may have escaped from the county or State authorities or from any municipality in the State; and said officers may arrest without warrant in all cases where authority is given to arresting officers of this State by the laws of Georgia for making arrest without warrant. Idling, loitering. Sec. 69. Be it further enacted, that it shall be the duty of the mayor and council of said city to set aside annually a sufficient sum as a sinking fund to retire the bonded debt of said city, and to pay the interest thereon as said interest becomes due. Sinking fund. Sec. 70. Be it further enacted, that the mayor and council of said city shall have the power and authority to borrow money for the use of said city by making a temporary loan or loans to supply casual deficiency of revenue, not to exceed one (1-5) fifth of one (1) per cent. of the assessed value of the taxable property therein in any one year; and it is further enacted that the sum or sums to be borrowed shall be paid out of the income of the city for the fiscal year in which the same was or were made. Borrowing. Sec. 71. Be it further enacted, that the mayor and council of said city shall codify all laws and ordinances, resolutions, and by-laws of said city, together with the charter of the city, and all special acts on the subject of the public-school system of said city, and cause same to be recorded, printed, or published into one book to be known as the Code of the City of Thomson; and when the same is adopted by said mayor and council, said code shall be admitted as evidence in any of the courts of this State, upon the certificate of the city clerk certifying the same to be the code of laws and ordinances of said city. The mayor and council shall have the power and authority to revise said code or recodify the laws and ordinances of said city, whenever they may deem it necessary. City code. Sec. 72. Be it further enacted, that the Mayor and Council of said city may select some bank in said city as a city depository, and may require the treasurer of said city

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to deposit all funds of the city therein. Said depository may be selected upon such rules and regulations and conditions and requirements as the mayor and council, by ordinance, may prescribe. City depository. Sec. 73. Be it further enacted, that the mayor and council of said city shall have the full right and power, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage, either or all of them; to provide for the inspection of the same, to fix the rates of fares and carriages thereon; and to fix and prescribe penalties for violation thereof. Regulation of vehicles used for hire. Sec. 74. Be it further enacted, that the mayor and council of said city shall have the right, power, and authority, by ordinance, to regulate the keeping of gunpowder, dynamite, gasoline, petroleum oils, turpentine, and any and all other kinds of explosives or combustible materials; to regulate the sale and use of fire-crackers, torpedoes, sky-rockets, and any other kinds of fireworks, or to prohibit the firing or use of them within the limits of said city; and to prescribe penalties for violations of such ordinances. Regulation of keeping of gunpowder, explosives, etc. Sec. 75. Be it further enacted, that the mayor and council shall have the exclusive jurisdiction over all cemeteries belonging to said city, They may make such appropriations as may be necessary for the care and supervision of the same. They may enact ordinances to provide penalties for the purpose of preventing trespass thereon. They may regulate the charging for grave-digging and interment, and any and everything pertaining to the proper care and operation of such cemeteries; to sell lots or right to bury therein, and prescribe rules and regulations pertaining to the upkeep and maintenance of such lots. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees as they, by ordinance, may provide. Cemeteries. Sec. 76. Be it further enacted, that the Mayor and Council of the City of Thomson shall have the power and authority,

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by ordinance, to prohibit within the limits of said city the hazarding of money or other thing of value at what is commonly known as matching, to prohibit any one to match for drinks, money, or other things of value; to prohibit any and all games for the hazarding of money or other things of value; to prohibit the occupants of buildings in said city from allowing or permitting persons to match for drinks, money, or other things of value therein; or to use other gambling schemes; to prohibit raffling in said city; and to prescribe penalties for the violation of any and all such ordinances. Games for hazarding money; matching for drinks, etc. Sec. 77. Be it further enacted, that the chief of police and policemen of said city shall have the right and authority, upon proper warrant, to break and enter any house or place in said city where they, or either of them, may have reason to suspect that any of the laws and ordinances of the city are being violated, and to arrest the persons therein, and imprison or admit them to bail as hereinbefore provided for in cases of arrest. Entering house without warrant. Sec. 78. Be it further enacted, that the city council of Thomson shall have full power to provide by ordinance and require the paving of any street, lane, or alley of said city, and prescribe the material to be used for that purpose, and for the grading of such streets, lanes, or alleys, and the manner in which the paving shall be paid; and to provide for the payment thereof. In order to carry into effect the authority above delegated, the city council shall have power and authority to assess not more than one third of the cost of such paving against each abuttingland owner, and that the City of Thomson shall pay one third; provided that where there are intersections, and there is not abutting property the City of Thomson shall pay the expenses of same; and provided further, that if there is an intersection on one side and an abutting-property owner on the other side, then such abutting-property owner on one side shall pay one third of the expense and the City of Thomson shall pay the remaining two-thirds. That the assessment above provided to be made

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for grading and paving streets, alleys, streets, and intersections shall be made against all property abutting thereon, owned by individuals, corporations, churches, or the County of McDuffie. That the amount o assessment on each piece of realty shall be a lien thereon from the date of the passage of the ordinance providing for the work and making the assessment. The city council shall have full power and authority to enforce the collection for the amount of the assessment as aforesaid, by execution issued by the city clerk against the owner of said realty at the time of such ordinance making such assessment, which execution may be levied by the chief of police of said City of Thomson, or his deputy, on any such real estate; and after advertising and other proceedings, as in case of tax sales, the same shall be sold to the highest bidder. Such sale shall vest absolute title in the purchaser. Said chief of police, or his deputy, shall have authority to eject the occupant and put the purchaser in possession provided, the owner shall have notice in writing of the amount due, before the issuance of said execution, which notice shall be provided by the city council under such terms as to time and manner of service as may be deemed best; provided, that when the execution shall be levied as aforesaid, the owner of said real estate shall have a right to file his affidavit denying the whole or any part of the amount for which execution is issued, stating the amount which he admits to be due, which amount admited to be due, with all costs, shall be paid before the affidavit shall be received, and like affidavit shall be returned to the superior court of McDuffie County, and there tried and issue determined as in case of illegality, subject to the penalties provided when the illegality is filed for delay. The city council shall have authority to pave and contract to pave the whole surface of the streets without giving any railroad company, or other property-holders abutting thereon, or occupant on the street, the option of having the space to be paved by them, paved by themselves, or by a contract at his or her or its instance; the object being to prevent delay and to secure uniformity. The lien for assessments

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on abutting property as herein provided shall have rank and priority of payment next to point to dignity to liens for taxes, such liens to date from the date of the passage of the ordinance authorizing the execution of the work done in each case. Said city council shall have power and authority to prescribe by ordinance and such other rules and regulations as they may in their discretion think necessary, to grade, pave, drain, macadamize, or otherwise improve the streets of said City of Thomson, and for carrying into effect the provisions of this Section. Paving. Assessments. Lien of assessment. Execution for assessment; levy and sale. Affidavit of illegality. Rank of lien. BONDS FOR STREET IMPROVEMENTS, HOW ISSUED, ETC. Sec. 79. Be it further enacted, that whenever, in the judgment of the mayor and council, it shall be deemed wise and proper to issue any bonds for pavement or other improvements of the streets of said city, said mayor and council shall be authorized and empowered to order and have held elections by the qualified voters of said city at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by said city, in what sum, how payable, and the further detail with reference to the issuance and sale of such bonds; provided always, no bonds shall be voted upon for an issue in excees of the constitutional limitation applicable under the existing laws at the time. Said election shall be held in accordance with the provisions of sections 440-443, inclusive, of the Code of Georgia of 1910, and at said election the ballots used shall be For bonds for Street Improvements and Against Bonds for Street Improvements. Said mayor and council shall be required to advertise said election in the newspaper in which the sheriff's advertisements for McDuffie are published, once a week for four weeks prior to said election, which notice shall specify in detail the amount of bonds to be voted on, the purpose of same; provided further that said mayor and council shall be authorized to submit to the qualified voters of said city, as in this section provided, the question of issuing bonds for

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the purpose herein stated, in such sum as it may deem wise and proper, within the constitutional limitations aforesaid, said bonds to be payable annually or otherwise as said mayor and council may deem fit and proper, to bear such rate of interest as may be fixed by said mayor and council, to be issued in such denominations as may be determined by said mayor and council, and to be made redeemable at such time, in such manner, and in such sums as the said mayor and council may determine; and said mayor and council is hereby authorized to fix such other and further necessary details in connection with the issue of said bonds as it may deem wise. Provided, that the notice to be published, as provided in this section, shall fully and fairly inform the voters as to just what bonds they are called upon to vote for or against. Street-improvement bonds. BONDSTERM OF, ETC. Sec. 80. Be it further enacted, that if the election herein provided for be in favor of bonds, then the Mayor and Council of said City of Thomson shall be and hereby are authorized to issue the amount of bonds, in the City of Thomson, so voted on, in a sum equal to the amount which shall have been authorized in said election by the affirmative vote of two thirds of the qualified voters of said city; provided always, said sum shall never exceed the constitutional limitation. Said bonds shall be designated paving bonds, and shall be issued to cover and be retired within a period of not exceeding thirty years. Bond issue. INTERESTHOW LEVIED AND PAID. Sec. 81. Be it further enacted, the mayor and Council of said City of Thomson shall be and are hereby authorized and empowered to annually assess, levy, and collect tax on all the property, both real and personal, corporate and franchise, in the corporate limits of said city, in such sums as may be necessary, for the specific purpose of paying the interest on said bonds, and also to create a sinking-fund sufficient to redeem and pay off such bonds at

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the maturity thereof; and the tax assessed, levied, and collected under this section shall be kept separate and distinct from all other taxes and moneys of said city, and shall be used solely for the payment of the interest 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 said bonds. Tax to pay interest and create sinking fund. VALIDATION. Sec. 82. Be it further enacted, that when any bonds shall be issued as authorized in this charter, the same shall be validated as provided in sections 225, 446, 448, 449, 450, and 451 of the Code of Georgia of 1910, and such other laws as may be of force at the time of said validation. Validation of bonds. BONDS FAILING TO CARRY, WHEN RESUBMITTED. Sec. 83. Be it further enacted, that if the election herein provided for shall be determined against the issue of bonds, the mayor and council of said city may, at any time after the expiration of one year from the date of said first election, order another election under the provisions of this Act, in which the qualified voters of said city shall be called upon to vote again for or against the issue of bonds. Second election as to bond issue. PUBLIC PROPERTYEXISTING LAWS. Sec. 84. Be it further enacted, that all the property now owned by said city and vested in the present mayor and council thereof shall be and remain the property of said city, and become vested in said mayor and council; and all ordinances, rules, and regulations now of force in said city, and not inconsistent with this Act, shall be and remain of force until amended, altered, or repealed by said mayor and council. City's property rights preserved, ordinances continued of force. PROPERTY, HOW SOLD BY MAYOR AND COUNCIL. Sec. 85. Be it further enacted by the authority aforesaid, that said mayor and council are authorized to sell

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any property, real or personal, belonging to said city, whenever such sale shall be deemed advisable for the best interest of said city; provided that when the value of the property to be so sold shall exceed $1,000.00, the same shall not be sold unless such sale shall be authorized by a majority vote of the qualified voters of said city at an election to be held for that purpose under the same rules and regulations as are in this Act prescribed for holding other elections in said city Sale of public property. Sec. 86. Be it further enacted by the authority aforesaid, that the enumeration of powers contained in this act shall not be considered as restrictive, but the City of Thomson and its municipal authorities 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, they may deem needful and proper for the general welfare of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the city council may prescribe the method of exercising them, or may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act nor the laws of this State. Enumeration of powers, not restrictive. Power of council as to additional legislation, etc. Sec. 87. Be it further enacted by the same authority, that so much of the original Act incorporating the Town of Thomson, in McDuffie County, and all the Acts amending said original Act, including the Act approved December 13th, 1900, the Act approved August 14th, 1917, and the Act approved July 27th, 1920, as is not in conflict with this Act, is hereby preserved and declared to be still of force and a part of the charter of said City of Thomson. Former Acts continued in force. Sec. 88. Be it enacted by the same authority, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 19, 1927.

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THUNDERBOLT WATERWORKS. No. 169. An Act to amend the several acts relating to and incorporating the Town of Thunderbolt, in Chatham County, Georgia, so as to give additional powers to said town with relation to furnishing water from the city waterworks plants; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Town of Thunderbolt, in Chatham County, Georgia, shall have power and authority to furnish water from the waterworks plant or plants of said town to any property located within two (2) miles of the corporate limits, and it shall have authority to do and perform all things necessary and incident to such service. Provided, however, that all persons and property so furnished water by said municipal plant shall be liable to all the rules and regulations, pains and penalties, relative to the supply of water, as prescribed for citizens and property within the corporate limits of said town, and to such other rules and regulations as may be prescribed by the mayor and aldermen of said town. Authority to furnish water outside corporate limits. 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 11, 1927. TOWNSBORO TERRITORIAL LIMITS. No. 194. An Act to amend an Act entitled An Act to amend an Act entitled an Act to incorporate the Town of Townsboro * * Toomsboro. See A. 1904, p. 674; A. 1906, p. 1091.Compiler. in the County of Wilkinson, approved August 17, 1906, by striking all of section one and inserting a new section in lieu thereof.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section one of an Act approved August 17, 1906, amending an Act incorporating the Town of Townsboro in Wilkinson County be stricken from said Act, and that the following section be substituted in lieu thereof: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that on and after the passage of this Act that the corporate limits of said town of Townsboro shall be as follows: The public street at crossing of the Central of Georgia Railway Company east of depot of said railway company shall be the center of said town, and all territory within one mile of said street crossing is hereby incorporated in said town, said limits of said town being a line within one mile from said crossing. Corporate limits. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1927. TYBEE CHARTER AMENDMENTS. No. 374. An Act to revise, alter, and amend the several Acts to and incorporating the Mayor and Councilmen of the Town of Tybee; and for other 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 Tybee, in council assembled, may elect an officer to be called recorder, for such time, and for such compensation, as they may ordain, who shall be authorized to preside in and hold the sessions of court known as mayor's court or police court of the Town of Tybee, with all of the powers and authority conferred upon the mayor or other presiding officer

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by sections number 17 and 18 of the act of the General Assembly entitled An Act to amend, revise, and consolidate the several Acts granting authority to the Town of Tybee; to confer additional powers upon the mayor and councilmen of the Town of Tybee; to define the corporate limits of said town; and for other purposes, approved August 19th, 1922. Recorder. Sec. 2. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen of the Town of Tybee shall have the authority and be empowered to appropriate from the treasury of said Town of Tybee sums not to exceed five per cent. (5%) of the gross income of said Town of Tybee in any one year. The sum or sums so appropriated shall be spent to advertise the advantage of said Town of Tybee, and to promote the growth and interests of said Town of Tybee and the welfare of its inhabitants, under the direction of and in such a manner as shall be determined by the Mayor and Councilmen of the Town of Tybee or by any committee of council appointed by the Mayor and Councilmen of the Town of Tybee for such purposes. Appropriations for advertising. Sec. 3. Be it further enacted by the authority aforesaid, that, from and after the passage of this Act, the Mayor and Councilmen of the Town of Tybee shall have the authority and be empowered to require by ordinance the owners or occupants of premises, lots, or other areas in said Town of Tybee to cut weeds and noxious growths from said premises, lots, or other areas, and for the purpose of forbidding such owners or occupants to permit weeds or noxious growths to stand on such premises, lots, or other areas so owned or occupied; and the said Mayor and Councilmen of the Town of Tybee shall, from and after the passage of this act, have the authority to make such regulations as will enable it to enforce the powers herein given, and shall have the right and power to provide a penalty by fine or imprisonment for any one convicted in the mayor's court of said Town of Tybee for the violation of any ordinance passed in pursuance of the powers herein given

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The said Mayor and Councilmen of the Town of Tybee shall further have the right, in the event of failure or refusal of any owner or occupant of any such premises, lot, or other area to perform and carry out the obligations placed upon him by any ordinance passed in pursuance of the powers herein conferred, to cut and remove any such weeds or other noxious growths from the premises, lot, or other area occupied or owned by the person so failing and refusing to comply with the duties and obligations imposed upon him by such ordinance, and shall have the right to issue execution for the cost thereof; such execution to be issued by the clerk of said Town of Tybee and levied by the chief of police of said Town of Tybee upon any property of the owner or occupant of such premises named in such execution. When the execution shall issue as provided herein, and the property levied upon shall be claimed by a third person, the said claimant shall interpose his claim thereto as now provided by law for claims under tax executions for State and County taxes, and such claims shall be returned to and heard in the superior court of Chatham County, Georgia. Authority to require the cutting of weeds, etc. Penalty. Execution for cost of [Illegible Text] weeds, etc. Sec. 4. Be it further enacted by the authority aforesaid, that whenever an execution or fi. fa. shall issue to enforce the collection of any amount due to the Mayor and Councilmen of the Town of Tybee, and the defendant named therein shall desire to contest the validity of the amount of any such execution or fi. fa., he may, by filing an affidavit of illegality according to the rules governing other illegalities, cause an issue to be formed thereon, which shall be tried by a special jury at the first term thereafter of the superior court of Chatham County, Georgia. Affidavit of illegality. Sec. 5. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen of the Town of Tybee, from the date of the passage hereof, shall have the authority and be empowered to permit the building of piers, wharves, pavilions, bathing-houses, and other structures extending from Tybee Island into the ocean beyond the low-water mark. Authority to permit building of piers, etc., in ocean.

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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 or any section hereof be and the same are hereby repealed. Approved August 23, 1927. UNADILLA STREET IMPROVEMENTS; REGISTRY OF VOTERS. No. 309. An Act to amend an Act approved August 10, 1920, entitled An Act to create a new charter for the City of Unadilla, in the County of Dooly, and for other purposes, so as to empower the City of Unadilla to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, within the corporate limits of the city; to provide for a board of assessors and for the hearing of complaints and objections by mayor and city council to assessments, and to assess the cost of making such improvements in whole or in part against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as street-improvement bonds to be negotiated by the city or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor on any one using such funds for any other purpose; to provide for a board of registrars, and to prescribe their duties and powers. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 10, 1920, entitled

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An Act to create a new charter for the City of Unadilla, in the County of Dooly, and for other purposes, be and the same is hereby amended by adding thereto the following provisions. Sec. 2. Be it further enacted by the authority aforesaid, that whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, within the corporate limits of the City of Unadilla, shall have been authorized under the laws and ordinances of the city to be paved, macadamized, curbed, or otherwise improved, and the costs for such improvements has been ascertained, which cost shall include all expenses incurred by the city incident to such improvements, the mayor and city council shall by resolution appoint a board of appraisers consisting of one member of the board of tax-assessors, clerk of the city council, and the city engineer. Provided that if the City of Unadilla has no city engineer, the mayor and city council may appoint in his stead any freeholder of said city, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement, as hereinafter provided. That within ten days from the date of the resolution appointing said board the said board shall file a written report of the appraisal and assessment and apportionment of such expense and costs to the several lots and tracts of land abutting on said street, alley, lane, avenue, square, or other public places so improved, with the clerk of the city council of said city in the manner and on the basis herein provided. When said report shall have been returned and filed, the said mayor and city council shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisements, apportionments, and assessments as to any such lots or tracts of land abutting on said improvements, and notice of such session for the said hearing shall be posted by the clerk of council in at least three prominent places in the City of Unadilla, and said notice shall provide for an inspection

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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 posting of said notice. The said mayor and city council at said session shall have power to review and correct said appraisement, apportionment, and assessment, and to hear and determine objections to the same, and to confirm the same either as made by said board or as corrected by said mayor and city council. 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 (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. Assessment for street improvement. Board of appraisers. Report of appraisers. Hearing of objections. Assessments. Sec. 3. Be it further enacted by the authority aforesaid, that the first installment of such assessment, together with interest to that date upon the whole, shall be due and payable on 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. Installments of assessment. Option as to payment. Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with interest on the same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the assessment,

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coequal with the lien of other taxes, and prior and superior to all other liens against such lots, parcels, or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid. Lien of assessment. Sec. 5. Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said resolution apportioning and levying said assessments, 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 Unadilla 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 six per cent. per annum from their date until maturity, payable annually, and shall be designated street-improvement bonds, and shall on their face recite the streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon lots, parcels, and tracts of land benefited by such improvements under the authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk, and shall have the impression of the corporate seal of said city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, as may be designated by the

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mayor and city council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements; or such bonds may in whole or in part be negotiated and delivered to the contractor at not less than par value, in payment of any amount due him on his contract. And any portion of the bonds not so negotiated or turned over to the contractor may be sold or otherwise disposed of by the mayor and city council, at not less than par value, and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements. Said bonds may, at the option of the holder thereof, be registered by the city clerk in a book to be provided for that purpose, and a certificate of registration by the clerk shall be by him indorsed upon each of said bonds. Street-improvement bonds. Sale of bonds; use of proceeds. Registration of bonds. 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 parcels, or tracts of land, on the first day of December in each year, together with the interest thereon, to the clerk of the City of Unadilla, 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 of the city 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 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

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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 with 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 sale 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 and shall be paid before the affidavit is received. All such affidavits shall set [Illegible Text] 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. Execution for assessment. Levy and sale. Affidavit of illegality. Sec. 7. Be it further enacted by the authority aforesaid, that the entire expense of constructing sidewalks, footways, curbing, drains, and gutters along the sides of all public thoroughfares in said city, together with the whole cost of all materials used in making such street improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and paid by the owners of such property, according to its frontage; and that the cost of making such other street improvements as are authorized by this Act shall be apportioned and assessed as follows: one third of such costs to be chargeable to the City of Unadilla,

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and one third thereof to be assessed against the abutting property and the owners thereof on each side of the street or other public thoroughfare to be paved, macadamized, or otherwise improved, according to the frontage of said property thereon, and the frontage of intersecting streets, avenues, lanes, alleys, or other public thoroughfares shall be assessed as real estate abutting upon the street, lane, alley, avenue, or other public thoroughfare paved or otherwise improved, and the said mayor and city council shall be, for all the intents and purposes of this Act, an owner or legal representative of real estate abutting on any street, lane, alley, avenue, or other public thoroughfare. Said proportion of such cost to be borne by the city may be paid out of any available funds for that purpose in the city treasury or from the proceeds of bonds duly authorized, as now provided by law. Mode of assessment. Sec. 8. Where the right of way of any railway company crosses any public thoroughfare within the corporate limits of the City of Unadilla, 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 said railway companies shall be subject to all provisions of this Act, the same as persons owning property in said City of Unadilla. Assessment against railroad company. Sec. 9. Be it further enacted by the authority aforesaid, that the mayor and city council may in its discretion, by proper written resolution, provide for and require the payment of the interest on the bonds authorized to be issued in accordance with the provisions of section five of this Act, semi-annually on the first day of January and July, instead of annually; and, in levying the assessment against property-owners for such public improvements as are authorized by this Act, the mayor and city council may likewise require the installments to be paid semi-annually, on the first day of December and June of each year, instead of annually, as provided in section two of this Act. Payment of installments.

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Sec. 10. Be it further enacted by the authority aforesaid, that at the first meeting of the mayor and city council held after the passage of this Act, the mayor and city council shall elect by ballot three registrars for the City of Unadilla, who shall serve until their successors are elected and qualified as hereinafter provided. At the first regular meeting of the mayor and city council held in October, 1927, and biennially thereafter, the mayor and city council shall elect by ballot three registrars for said City of Unadilla. Said registrars shall be qualified voters of said city. In the event of death or resignation of any registrar, his unexpired term shall be filled by the mayor and city council by appointment. Said registrars before entering upon their duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of may ability, the duties imposed upon me by law as such registrar. Said oath shall be filed with the clerk of council and entered upon the books of minutes. Fifteen days prior to the date of any election for any purpose, held in and for said City of Unadilla, the clerk of the city council shall turn over to said registrars the book of registered voters, and said registrars shall appoint a time when they, in open session in the council chamber, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have at least three days written notice, and said notice shall state the time and place of hearing and grounds of challenge, and the registrars shall sit as a court to review said case, and may subpoena witnesses, hear evidence, and determine whether such applicants should be allowed to register. Said registrars shall review the list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as hereinbefore provided. All actions of the registrars in revising the list of voters must be in public in the council chamber. In making said registration list, and in revising said work, the registrars shall examine the grounds for disqualification of voters, including criminal records, insolvent tax-lists, tax-digests, tax-execution

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dockets, and tax-executions. They shall leave no one on said list who is not entitled to register, and shall strike no one off of such list who is entitled to register and vote. That after such registrars have fully completed their work in revising the registration list, they shall have carefully and plainly made or cause to be made two alphabetical lists exactly the same, giving name, age, occupation, color, and residence of each voter, and shall certify to the correctness of each list and date and sign the same officially. They shall file one copy with the clerk of city council for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark, and sign on the outside officially, and deliver to the clerk of city council, to be by him kept unopened until the day of election, and then handed to the managers of said election. Said registrars shall also at the same time turn back to the clerk of the city council the book of original entries of the persons registering and their oaths, and these shall remain in his office at all times during office hours, subject to the inspection of any parties at interest. That the mayor and city council shall fix such compensation for said registrars as they may determine, and same to be paid out of any funds as may be available for such purposes. Registrars of voters. Oath of registrars. Hearing of complaints. Revision of list of voters. Lists of voters. Pay of registrars. Sec. 11. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise annul and void the present law under the present charter of the City of Unadilla in reference to paving and registration of voters within the City of Unadilla, but the same shall be cumulative and in addition to present laws governing the same within said city. Existing law not repealed. Sec. 12. Be it further enacted by the authority aforesaid, that if any provision of this Act shall be held invalid for any reason, the remaining provisions of this Act shall not be affected thereby. Act not invalidated by void part. Sec. 13. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1927.

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VALDOSTA SEWERS, WATER-MAINS No. 186. An Act to amend the charter of the City of Valdosta, approved November 21, 1901, and the 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 from and after the passage of this Act, an Act incorporating the City of Valdosta in the County of Lowndes, approved November 21, 1901, be further amended, and the same is hereby further amended, so as to add thereto the following provisions: Section 1. That all work of laying or constructing sewers or drains in and for the City of Valdosta shall be done under the direction and supervision of the city engineer. City engineer in charge of work on sewers, etc. Sec. 2. That the city engineer shall furnish to the mayor and council of said city information and advice as to the necessities of any particular localities for sewers or drains, the kind of sewers or drains that may be desirable, with estimates of the actual cost of purchasing, laying, and constructing same, and shall furnish plans, specifications, and profiles, and such additional data as may be necessary and proper; but the extent and character, material used, and expense of sewers or drains to be constructed, as well as the time and manner of constructing same, shall be in the discretion of the mayor and council of said city. Information and plans to be furnished by engineer. Sec. 3. That the mayor and council of said city shall have full power and authority to assess the total amount of the actual cost of said sewers or drains, of laying and constructing the same, upon the real estate abutting on streets in said city through and along which sewers or drains may be placed or constructed, and upon any real estate through and upon which the same may be constructed or laid, and the mayor and council of said city shall have full authority to enforce collection of the amount of such assessments by execution issued by the clerk of said council

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against the real estate so assessed and against the owner thereof at the date of the ordinance making such assessments, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in cases of tax sales, same shall be sold at public outcry to the highest bidder, and such sale shall pass absolute title to the purchaser, subject, however, to the right of redemption as provided in sections 880, 1169, 1170, 1171, and 1172 of the Code of Georgia of 1910; provided, that the defendant named in the execution shall have the right to file an affidavit denying the whole or any part of the amount for which such execution issued is due, and stating what amount, if any, he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and affidavit received for the balance; and all such affidavits received shall be returned to the Superior Court of Lowndes County, Georgia, and shall be there tried and the issue determined as in cases of illegality, subject to all the penalties provided as in cases of illegality filed for delay only; and provided further, that if the owner of such real estate shall fail to redeem the same, as above provided, within the period of redemption, the marshal shall, at the expiration of said period of redemption, eject the occupants of said real estate and put the purchaser in possession thereof. Assessment of cost of sewers, etc. Execution for assessment; levy and sale. Affidavit of illegality. Sec. 4. That the purchase of, the laying of, and the construction of all sewers or drains under this Act shall be provided for by ordinance; that, after the first reading of an ordinance providing for a sewer or drain, notice of the introduction of same shall be published in the Valdosta Daily Times, or other daily paper published in said city; that such notice shall contain a statement of the line along which the proposed sewer or drain is to be laid and a statement of the general character, material and size of such sewer or drain, and the date [Illegible Text] the introduction of such ordinance, without stating therein any of the other contents of the ordinance; that said notice shall be so published in at least as many as six (6) consecutive issues of

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the Valdosta Daily Times, or other daily paper published in said city; and if a majority of the owners of the land liable to assessment as provided in section 3 of this Act shall not, within fifteen (15) days after the last publication of said notice file with the clerk of said city their protest in writing against the adoption or passage of said ordinance, then said ordinance may be adopted or passed by the mayor and council of said city at any regular or called meeting held subsequently to the expiration of the said fifteen (15) day period after the last publication of said notice; and that substantial compliance with the above requirements as to said notice shall be sufficient. Ordinance providing for assessment; publication. Objection to ordinance. Sec. 5. That power and authority is given the mayor and council of said city, in addition to assessing the cost of the purchase, laying, and construction of sewers or drains in the streets upon abutting-property owners, as herein provided, to likewise assess and collect from abutting-property owners the total cost of extending such sewers, for the purposes of connection with residences, to the property line, at the time such sewers are laid, or subsequent thereto; such assessments to be made and collected in the same manner and subject to the same conditions and limitations as hereinbefore provided for the purchase, laying, and construction of the main sewer, and subject also to the same remedy of the defendant in execution as hereinbefore provided in section 3 of this Act. Assessment of cost of extending sewer to property line. Sec. 6. That wherever a sewer is laid or constructed in any street or public place, the City of Valdosta is authorized to make extensions from same to the property linethat is, the line of the property abutting on said street or public place where such extensions are made, said extensions to be installed at established intervals of not less than fifty (50) feet each in the residential section of the city and not less than twenty (20) feet each in the business section of the city; and the mayor and council are hereby authorized to assess the property abutting on said street or public place for the total cost of constructing said extensions; that, where same are made in front of said abutting

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property, said assessments for making extensions shall be made in connection with and at the same time of the laying and construction of the main sewer; and that such assessments shall be made and collected in the same manner and subject to the same conditions and limitations as hereinbefore provided for the purchase, laying, and construction of the main sewer, and subject also to the same remedy of the defendant in execution as hereinbefore provided in section 3 of this Act. Same. Sec. 7. That said mayor and council are hereby authorized to construct and lay down sewers or drains through private property within and beyond the corporate limits of said city, provided such property is first condemned for such purposes in accordance with section 5206 et seq. of the 1910 Code of Georgia. Authority to extend sewers, etc., through private property. Sec. 8. That the word, drain, as used in this Act, shall include storm-sewers, culverts, catch-basins, as well as other kinds of drainage. Meaning of drain. Sec. 9. That all work of laying or connecting water-mains and connections therewith in the City of Valdosta shall be done under the direction and supervision of the city engineer. Work to be supervised by city engineer. Sec. 10. That the city engineer shall furnish to the mayor and council of said city information and advice as to the necessities of any particular localities for water-mains, the kind of same and size of same that may be desirable, with estimates of the actual cost of the purchasing, laying, and connecting same, and shall furnish plans, specifications, and profiles, and such additional data as may be necessary and proper; but the extent, character, and size of such water-mains and expense of laying and connecting same, as well as the time and manner of laying and connecting same, shall be approved by the mayor and council of said city. Water-mains; duty of city engineer. Sec. 11. That the mayor and council of said city shall have full power and authority to assess the total amount of the actual cost of said water-mains, of laying and connecting

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same, upon the real estate abutting on streets in said city through and along which said water-mains may be laid and connected, and upon any real estate through and upon which the same may be laid and connected; and the mayor and council of said city shall have full authority to enforce collection of the amount of such assessments by executions issued by the clerk of said council against the real estate so assessed and against the owner thereof at the date of the ordinance making such assessments, which execution may be levied by the marshal of said city on such real estate, and, after advertising and other proceedings as in cases of tax sales, same shall be sold at public outcry to the highest bidder, and such sale shall pass absolute title to the purchaser, subject, however, to the right of redemption as provided in sections 880, 1169, 1170, 1171, and 1172 of the Code of Georgia of 1910; provided, that the defendant named in the execution shall have the right to file an affidavit denying the whole or any part of the amount for which such execution issued is due, and stating what amount, if any, he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and affidavit received for the balance; and all such affidavits received shall be returned to the Superior Court of Lowndes County, Georgia, and shall be there tried and the issue determined as in cases of illegality filed for delay only; and provided further, that if the owner of such real estate shall fail to redeem the same, as above provided, within the period of redemption, the marshal shall, at the expiration of said period of redemption, eject the occupants of said real estate and put the purchaser in possession thereof. Assessment for water-mains. Execution for assessment; levy and sale. Affidavit of illegality. Sec. 12. That the purchase of, the laying of, and the connecting of all water-mains under this Act shall be provided for by ordinance; that, after the first reading of an ordinance providing for a water-main, notice of the introduction of same shall be published in the Valdosta Daily Times, or other daily paper published in said city; that such notice shall contain a statement of the line along

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which the proposed water-main is to be laid, and a statement of the general character, material, and size of such water-main and the date of the introduction of such ordinance, without stating therein any of the other contents of the ordinance; that said notice shall be so published in at least as many as six (6) consecutive issues of the Valdosta Daily Times, or other daily paper published in said city; and if a majority of the owners of the land liable to assessment as provided in section 11 of this Act shall not, within fifteen (15) days after the last publication of said notice, file with the clerk of said city their protest in writing against the adoption or passage of said ordinance, then said ordinance may be adopted or passed by the mayor and council of said city at any regular or called meeting held subsequently to the expiration of the said period of fifteen (15) days after the last publication of said notice; and that substantial compliance with the above requirements as to said notice shall be sufficient. Ordinance providing for water-mains; publication. Objections to ordinance. Sec. 13. That power and authority is given the mayor and council of said city, in addition to assessing the cost of the purchase, laying, and connecting of water-mains in the streets upon abutting-property owners, as herein provided, to likewise assess and collect from abutting-property owners the total cost of laying to the property line and connecting with the water-mains water-pipes for the purposes of connection with residences, at the time such water-mains are laid and connected, or subsequent thereto; such assessments to be made and collected in the same manner and subject to the same conditions and limitations as hereinbefore provided for the purchase, laying, and connecting of the water-mains, and subject also to the same remedy of the defendant in execution as hereinbefore provided in section 11 of this Act. Assessment of cost of connecting pipes with water-mains. Sec. 14. That wherever a water-main is laid and connected in any street or public place, the City of Valdosta is authorized to lay to the property linethat is, the line of property abutting on said street or public place where such extensions are made, and connect with the water-mains

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mains water-pipes, such extensions to be installed at established intervals of not less than fifty (50) feet each in the residential section of the city, and not less than twenty (20) feet each in the business section of the city; and the mayor and council are hereby authorized to assess the property abutting on said street or public place for the total cost of laying and connecting such water-pipe lines with the water-mains; that where same are made in front of said abutting property, said assessments for laying and connecting said water-pipe lines with the water-mains shall be made in connection with and at the same time of the laying and connecting of the water-mains; and that such assessments shall be made and collected in the same manner and subject to the same conditions and limitations as hereinbefore provided for the purchase, laying, and connecting of the water-mains, and subject also to the same remedy of the defendant in execution as hereinbefore provided in section 11 of this Act. Sec. 15. That said mayor and council are hereby authorized to lay and connect water-mains through private property within the corporate limits of said city, provided such property is first condemned for such purposes in accordance with section 5206 et seq. of the 1910 Code of Georgia. Authority to run water-mains through private property. Sec. 16. That in case of real estate situated on street corners and having frontage on two streets, owners and such real estate thus situated shall be assessed for the cost of sewerage or drainage, as by this Act provided, for the frontage on streets in which a sewer or drain is first laid; and when a sewer is laid on the other street, one hundred and fifty (150) feet of frontage shall be exempt from such assessment on the owner and real estate for the last-named sewer or drain; and likewise, in case of real estate situated on street corners and having frontage on two streets, the owners and real estate thus situated shall be assessed for water-mains and connections therewith, as by this Act provided, for the frontage on the street in which a water-main is first laid; and when a water-main is laid

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on the other street, one hundred and fifty (150) feet of frontage shall be exempt from such assessment on the owner and real estate for the last-named water main. Assessment of property fronting on two streets. Sec. 17. That all the assessments herein authorized and provided for shall be a lien on the property against which the assessment is made, which lien shall be superior to all other liens except for taxes, including ad valorem taxes and occupation taxes, liens for paving streets or sidewalks, and other street or sidewalk improvements; and the lien of all the assessments herein authorized and provided for shall date from the date of the adoption of the ordinance making such assessments. Lien of assessment. Sec. 18. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1927. VIENNA TAX ASSESSMENTS. No. 69. An Act to amend an Act creating a charter for the City of Vienna, in the County of Dooly, which act was approved December 10, 1901, which amendment shall provide for the written notice for the return of taxable property within the corporate limits of City of Vienna, and for assessments by assessors of said City of Vienna, and for notice of assessments; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act creating a charter for the City of Vienna, and for other purposes, approved December 10, 1901, be and the same hereby is amended by adding to section 16 thereof the following words, to wit: (a) It shall be the duty of the mayor and the clerk and treasurer of said City of Vienna, from and after the time this Act is in force, to publish each year in the official

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newspaper in said city, once a week for the four weeks next preceding the first day of April, written notice that the office of said clerk and treasurer will be open for receiving the returns of taxpayers of their property subject to taxation by such city, stating therein the date upon which the books will be closed for receiving such returns. In the event that at any time hereafter there shall be no official newspaper in said city, said mayor and said clerk and treasurer shall post such written notice in at least three public places in said city for such period. Notice of time for tax returns. (b) It shall be the duty of all taxpayers to return their property on or before the first day of April of the year in which the same is taxable, and the return shall schedule the property owned and controlled by such taxpayer as of the first day of January next preceding the date of the returning thereof. Time for tax returns. (c) That whenever the owner of any property upon which any ad valorem taxes are legally assessable by said City of Vienna, under the authority of any law now of force or hereafter enacted, shall fail, refuse, or neglect to return the same seasonably for taxation for the year in which the return should be made, such owner is hereby required to return such property for taxation for the year he is delinquent to said clerk and treasurer. In the event that such owner has made a return of his property or of any part thereof, and has actually undervalued the same or any part thereof in such return, such owner is hereby required to make a return of his property so returned for taxation at such inadequate and improper valuation for the year he is delinquent by such undervaluation of such property, such return to be made to said clerk and treasurer. In the event that the owner of such property is dead or is under any legal disability, it is hereby declared to be the duty of his legal or personal representative or representatives to make such return required in this Act. Delinquents. (d) That when the owner of such property, or, if dead or under any legal disability, his representatives or representative

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fails or refuses to make a return to said clerk and treasurer of said City of Vienna of his property as required by the laws of this State, said clerk and treasurer shall notify in writing such delinquent, or his representative, demanding that a return of his property, real and personal, as contemplated by the law be made within twenty days from the date of such notice; the notice provided for herein may be given personally or by sending the delinquent through the post-office in a postage-prepaid letter addressed to such delinquent or his representatives, at his last known address, if any, as the same appears on the records of said clerk and treasurer, or to his most notorious place of abode; and such notice shall be deemed to be given at the time it is posted, and certificate of said clerk and treasurer shall be sufficient evidence thereof. Such notice shall recite the fact of delinquency and the date upon which the return should be made by such delinquent, and that the return should be filed with said clerk and treasurer. Notice to delinquent. (e) If such taxpayer, or the owner of such property, fails or refuses to return his property or any part thereof, or fails or refuses to return his property or any part of his property at a proper valuation for the year for which it is or should be made after the notice authorized in subdivision (d) of this section is given, it is hereby made the duty of said clerk and treasurer to prepare an itemized list of the property, real and personal, of such delinquent, subject to taxation by said City of Vienna, and to file the same, within ten days (exclusive of Sundays and public holidays) from the date of closing the books, with the tax-assessors of said city. The tax-assessors of said City of Vienna are hereby charged with the duty of assessing such property of such delinquent, so returned by said clerk and treasurer, together with such other taxable property of such delinquent, real and personal, as they may ascertain is omitted from such return for the year in default. When said tax-assessors have made their assessment, they shall give written notice thereof to the tax-payer, and said assessment shall be final and conclusive upon said taxpayer, unless said taxpayer

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shall, within twenty days from the date of the receipt of such written notice, raise the question that the assessment is excessive, in which event the question of valuation shall be referred to arbitrators, one to be chosen by the taxpayer, one by the assessors, with the power to choose an umpire in case of disagreement; and their award shall be final, irrevocable, and enforceable, save upon such grounds as exist at law in equity for the revocation or partial revocation of a submission or award thereon. If said delinquent shall refuse or neglect to designate an arbitrator within three days after the expiration of said twenty days' notice, the arbitrator appointed by said tax-assessors is hereby required to appoint an arbitrator for said delinquent, and said arbitrators shall thereupon proceed to hear and determine the question in issue, with like authority to choose an umpire in case of disagreement. Assessment of delinquent's property; notice. Arbitration as to value. (f) If the delinquent disputes the taxability of his property, or of any part thereof, he may raise that question by bill in equity addressed to the Superior Court of Dooly County, Georgia. Issue as to taxability. (g) The method hereinbefore authorized is intended to be cumulative, and is in addition to every other remedy now or hereafter existing at law or in equity, and the use of another or others shall not in any wise deprive said City of Vienna from the use of the foregoing remedy. Method cumulative. (h) The mayor and the aldermen of said City of Vienna are hereby fully empowered and authorized to make and adopt any and all regulations, rules and ordinances not inconsistent with the laws of the State of Georgia and of this charter, necessary, requisite, or convenient in the exercise and enforcement of the levy and collection of its advalorem taxes. Authority as to ordinances, etc. Sec. 2. Be it further enacted by the authority aforesaid, that section 31 of said original Act be and the same is hereby amended so as to read as follows: Be it further enacted, that the Mayor and City Council of said City of Vienna shall have power and authority to appoint each

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year, if in their discretion they see proper, three tax-assessors, whose duty it shall be to value the real estate and personalty in said City of Vienna for taxation, and to scrutinize carefully each return of property, real and personal, by any taxpayer of said City of Vienna; and if in their judgment they shall find the property embraced in the return, or part of it, returned below its proper value, they shall assess the value thereof. Said tax-assessors must be residents of said City of Vienna and freeholders. Section 31 of Act of 1901 amended. Tax-assessors. Sec. 3. Be it further enacted by the authority aforesaid, that the entire last paragraph of section 31 of said original Act approved December 10, 1901, which reads as follows, to wit: Whenever the assessors shall raise the valuation at which the taxpayer has returned his property, they shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to have the matter left to three disinterested persons, residents of said city, one of whom shall be selected by him, one by the assessors, and the other by these two so selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive, be and the same hereby is stricken from said section. Repeal of paragraph as to notice of increase of assessment, and arbitration. Sec. 4. Be it further enacted by the authority aforesaid, that this Act does not supersede any of the ordinances now of force in said City of Vienna, save when such ordinances are in conflict with this charter, but shall continue the same, and all ordinances in conflict with or inconsistent with the provisions of this Act are hereby notified so as to conform therewith. Existing ordinances continued in force. Sec. 5. Be it further enacted, that in the event that any clause, phrase, sentence, section, or part of this Act shall be adjudged by any court of competent jurisdiction to be unconstitutional or inoperative, the effect of such judgment shall be confined solely to the clause, phrase, sentence, section, or part thereof in question, and shall not affect or disturb the operation of the remainder of this Act. Act not invalidated by void part.

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Sec. 6. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved July 30, 1927. WAYCROSS COMMISSIONERS' ELECTION. No. 295. An Act to amend an Act approved August 17, 1909, establishing a charter for the City of Waycross, and the several acts amendatory thereof, so as to provide for the election by the qualified voters of said city, at special elections to be held for said purpose, of all city commissioners of said city whenever a vacancy shall occur in said office by reason of the death, resignation, or removal from said city of any commissioner who has been elected to said office. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority thereof, that the Act approved August 17, 1909, establishing a charter for the City of Waycross, and the several acts amendatory thereof, be and the same is hereby amended as follows: Section 1. Be it enacted by the General Assembly of Georgia, that in all cases where a vacancy occurs in the office of City Commissioner of Waycross, more than three months prior to the expiration of the term of office of said commissioner, by reason of the death, resignation, or removal of said commissioner from the said city, the said vacancy or vacancies shall be filled by the election of a commissioner or commissioners by a vote of the qualified voters of Waycross at an election held for said purpose. Vacancy in office of commissioner, how filled. Sec. 2. Be it further enacted by the authority aforesaid, that in case of any vacancy occurring in the office of City Commissioner as above set forth, it shall be the duty of the remaining commissioners, provided a quorum of said

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commissioners remain, to call a special election within 30 days thereafter for the purpose of filling said vacancy. Such election shall be called and conducted according to the laws and rules in force governing such elections in said city. The person so elected at such special election shall fill out the unexpired portion of the term of the commissioner whom he succeeds. Special election. Sec. 3. Be it enacted by the authority aforesaid, that in the event enough vacancies shall occur at any one time to reduce the number of commissioners below a quorum necessary to transact business, the said election shall be called and conducted by the city clerk, who shall canvass the results thereof, and declare the results, and exercise the authority usually vested in the City Commission in regard to elections. When city clerk calls election. Sec. 4. Be it further enacted, that all vacancies occurring in the City Commission within a period of less than three months from the expiration of the term of office of such commissioners shall be filled as provided by the present laws of force, and this amendatory shall not apply nor affect such vacancies. Vacancies to which existing laws apply. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 19, 1927. WAYCROSS PENSIONS FOR TEACHERS. No. 185. An Act to amend the Act creating and establishing a public-school system in the City of Waycross, and the Acts amendatory thereof, so as to give power and authority to the Board of Educat on of the City of Waycross to pension teachers in the public schools who have been in the continuous service of the city as teachers for twenty-five years or more; 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, that the Act of the General Assembly of said State establishing a system of public schools for the Town (now City) of Waycross, approved October 22, 1887, and the several Acts amendatory thereof, be and the same are hereby amended by adding thereto the following sections, to wit: Section 1. That the Board of Education of the City of Waycross in hereby invested with power and authority to pay a pension to any teacher in the public school of said city who may have been in continuous service as a teacher for a period of not less than thirty years, of which period at least twenty-five years of service must have been rendered continuously in the public school of the City of Waycross, the amount of said pension to be paid any one teacher not to exceed twenty-five dollars per month; provided, however, that absence by permission of the said board of education for a period of not longer than twelve consecutive months shall not affect the continuity of service of such teacher in said public schools. The words teacher in this Act shall be construed to include supply teacher, supervisor, principal, or superintendent of said schools. Board of education authorized to pay pensions to teachers, when. Meaning of teacher. Sec. 2. The power and authority in the preceding section conferred shall be exercised only by a resolution or resolutions adopted by the Board of Education of the City of Waycross, and shall be adopted only at a regular meeting of said body; and before said resolution shall become effective, it must appear that the same was adopted by the affirmative vote of a majority of the members of the said the board of education of said city; and a separate resolution shall be adopted for each and every pension so granted, the payment of the same to be made by the said board of education from the funds received by it from any source for school purposes. The resolution authorizing such pension shall state the name of the teacher to receive said pension and the term of service, and when the same shall begin to be paid. Resolution granting pension, what necessary.

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Sec. 3. The power and authority to grant the pensions by the Act authorized shall be discretionary with the Board of Education of the City of Waycross as it may deem expedient and proper in each particular case, and any pension which may have been created in pursuance of any resolution adopted by said body may be revoked and withdrawn at any time it may see proper so to do; and when any pension is so revoked and withdrawn, there shall be no obligation upon the part of the Board of Education of the City of Waycross to make any further payment of the same. Grant or withdrawal of pension discretionary. Sec. 4. The Board of Education of the City of Waycross are vested with authority to prescribe and adopt rules and regulations for carrying out the purposes of this Act, not in conflict therewith. Authority as to rules. Sec. 5. All laws and parts of laws that conflict herewith shall be and the same are hereby repealed. Approved August 11, 1927. WAYCROSS PUBLIC-SCHOOL BOARD. No. 172. An Act to amend an Act establishing a system of public schools for the Town of Waycross, approved October 22, 1887, and the Act amendatory thereof, approved December 26, 1888, by changing the terms of office of the members of the Board of Education of the City of Waycross from three years to four years, to provide times for their election, and to extend the term of office of one member for one year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly of said State, establishing a system of public schools for the Town (now City) of Waycross, approved October 22, 1887, and the

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Act amendatory thereof, approved December 26, 1888, be and the same are hereby amended as follows, to wit: Section 1. That section one (1) of said amendatory Act approved December 26, 1888, be and the same is hereby stricken, and the following section substituted therefor, to wit: The Board of Education of the City of Waycross shall consist of seven members. The present members shall hold office until their present terms expire and until their successors are elected and qualified, except as hereinafter provided. The successors to the three members whose terms will expire on first day of February, 1928, and the successors to the four members whose terms will expire on the first day of February, 1930, shall be elected by the legal voters of said city at the general election in January next preceding the expiration of their several terms, to hold for a term of four (4) years from the first day of February after their said elections, and on failure to elect, until their successors are elected and qualified; and said board shall have power to fill vacancies in their body, occasioned by death, resignation, or otherwise; but no one shall be eligible as a member of said board of education who is not twenty-one years of age and who has not been a bona fide citizen and resident of said city for twelve months next preceding his election. Board of education; terms of office. Vacancies. Eligibility. Sec. 2. Be it further enacted by the authority aforesaid, that the term of the present member of the board of education whose term expires on the first day of February, 1929, be and the same is hereby extended to February 1, 1930, so that his term will expire concurrently with the three other members elected for three years in January, 1927. Term of member extended. 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, 1927.

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WAYNESBORO REGISTRY OF VOTERS. No. 278. An Act to amend the act approved December 15, 1893, entitled an Act to amend and renew the various Acts incorporating the Town of Waynesboro, and which make the same a city, etc., as amended by the act approved December 13, 1902, entitled an act to amend an act approved December 15, 1893, to provide for the permanent registration of voters for all municipal elections; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 9 of the act approved December 15, 1893, being an act to renew and amend the various acts incorporating the Town of Waynesboro, as amended by the Act of December 13, 1902, be, and the same is hereby amended by striking from said section as amended the latter portion of said section, which reads as follows: and the mayor and council of said city shall order a special registration of the qualified voters of said city for each municipal election that may hereafter be held therein for any purpose, and no person shall be permitted to vote at such elections unless he shall have been duly registered as elsewhere provided in this act, and by adding in lieu thereof the following words: and when such persons have duly qualified and registered, they shall not be required to register thereafter, but their names shall be entered upon a permanent registration list, and they shall be entitled to vote at all elections, provided they have paid all taxes due and required of them at least six months prior to the election, so that said section when so amended shall read as follows, to wit: Sec. 9. Be it further enacted, that all persons who shall have paid all taxes legally imposed and demanded by the authority of the city, who were bona fide residents of said city sixty days previous to the time of opening of the registration list hereinafter provided for, and who are qualified to vote for members

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of the General Assembly, shall be qualified to vote for mayor and aldermen and at all other elections held in and for said city; and when such persons have duly qualified and registered, they shall not be required to register thereafter, but their names shall be entered upon a permanent registration list, and they shall be entitled to vote at all elections, provided, they have paid all taxes due and required of them at least six months prior to the election. Permanent registration of voters. Sec. 2. Be it further enacted, that section 12 of the Act of December 15, 1893, as amended by Act of 1902, be further amended by adding a new paragraph at the end of said section, as follows: It shall be the duty of the registrar of said city, in making up the list of voters to be posted and furnished the managers as provided in section 12 of the Act of 1893, as amended by the Act of 1902, to purge said list of names of persons who have died or permanently removed from said city prior to the date of making up said list. Purging list of voters. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 19, 1927. WHIGHAM STREET IMPROVEMENTS. No. 77. An Act to amend an Act approved, amending and codifying the various acts incorporating the Town of Whigham, and the several Acts amendatory thereof, so as to authorize and empower the Town of Whigham, by its mayor and council, to establish and change the grade of any street, streets, avenues, alleys, lanes, and other public places in the Town of Whigham, 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 collecting

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assessments for the same, and for establishing a loan therefor; to provide for the payment of such grading, improvement, and paving entirely by the abutting and adjacent property owners on the basis of 10% yearly for ten years; to provide for the issuance of bonds by the Town of Whigham, by its mayor and councilmen, to be known as street-improvement bonds, and for the payment of the same; to provide for the renewal of any such paving 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 Town of Whigham, Georgia, and the several Acts amendatory thereof, are hereby amended as follows: Sec. 2. Be it further enacted, that said Town of Whigham, by its mayor and council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the Town of Whigham, and improve the same by paving, macadamizing, and draining the same, whenever in its judgment the public conveniences and welfare may require such improvements, subject only to the limitations described in this Act. Authority for street improvements. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said Town of Whigham, by its mayor and council, shall deem it necessary to grade, pave, macadamize, or otherwise improve any streets, avenues, alleys, lanes, or any part thereof within the limits of the said Town of Whigham by its mayor and council, either the mayor and council then in office or their successors shall by resolution or ordinance declare such work or improvements necessary to be done; such resolution shall be published once a week for two consecutive weeks in a daily or weekly newspaper published and having a general circulation in the Town of Whigham; and if the owners of more than one half of the linear front feet of the land fronting

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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 or such resolution or ordinance, file with the clerk of said Town of Whigham their protest in writing against such improvement, then said Town of Whigham, by its mayor and council, shall have power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided. 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 as when treated as one project, as hereinafter provided. Provided, however, that if the owners of more than one half of the front feet of the land liable to assessment for any such improvement shall petition to the Town of Whigham 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 materials preferred by petitioners for such improvement, it shall thereupon be the duty of the said Town of Whigham, by its 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 or ordinance hereinbefore mentioned shall not be required. Provided, however, that when 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 the Act provided, shall constitute one project and shall be dealt with accordingly as to resolutions, ordinance, or petition of property-owners or protest by property-owners or other proceedings. Ordinance as to necessity of improvement. Publication of ordinance. Power to cause improvement made. Petition for improvement. Duty to cause improvement made. Sec. 4. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting and abutting on 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 on his particular street

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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 of streets improved; provided that the Town of Whigham, by its mayor and council, may in its discretion in the foregoing resolution or ordinance provide that the frontage of intersecting streets, avenues, alleys, or lanes shall be assessed as real estate abutting upon the street, alley, lane, or avenue paved or otherwise improved, in which case said Town of Whigham shall be, for all intents and purposes of the Act, an owner or legal representative of real estate abutting on any streets, lane, alley, or avenue or project, and shall possess the same right and privileges as all other owners of real estate abutting on any such streets, lane, avenue, or alley or other project, and shall pay from the town's 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 Town of Whigham accruing from taxes collected during the current year. Mode of assessment. Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in the section 3 of this Act is presented, or when the Town of Whigham, by its Mayor and Council, shall have determined to pave or improve any street, avenue, lane, or alley or other public place, and shall have passed the resolution or ordinance provided for in section 3 of this Act, the said Town of Whigham, by its mayor and council, 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 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 other public places where such 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. Power as to ordinances. Pipe connections.

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Sec. 6. Be it further enacted by the authority aforesaid, that after 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 feet of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said Town of Whigham, by its mayor and council, shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Town of Whigham of proceeding 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 town 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 Town of Whigham shall deem proper to impose with reference to letting the contract and the provisions therefor, and the said Town of Whigham shall by said resolution provide that the contractor shall execute to the Town 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 town 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 in good condition of such improvements for a period of not less than five years from the time of its completion, or both, in the discretion of said town. Said resolution shall also direct the agent or engineer of said town 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 improvements

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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 sealed proposals shall be filed and when and where the same shall be considered by said Town of Whigham. Said notice shall be published once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in the Town of Whigham. At the time and place specified in such notice, the Town of Whigham, by its mayor and council, shall examine all bids received, and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Town of Whigham 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 town with the plans and specifications, and the said town shall have the right to reject any and all bids and readvertise for other bids when any such are not in its judgment satisfactory. Resolution to proceed with improvement: contents of resolution. Bond of contractor. Advertisement for bids. Award of contracts. Rejection of bids. Sec. 7. Be it enacted, that as soon as the said contract is let, and the cost of such improvements, which shall include all other expenses incurred by the town incident to such improvements in addition to the contract price for the work and materials, is ascertained, the said Town of Whigham, by its mayor and council, shall by resolution appoint a board of appraisers consisting of its agent or engineer, the clerk of the said town, 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 lot and tracts of land abutting on such street, streets, alleys, lane, avenues, or other public place so improved, with the clerk of said town. When said report shall have been returned and filed, the said town shall appoint a time

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for the holding of a session of its mayor and council, or shall designate a regular meeting of its mayor and council, for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment, and assessment as to any 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 town at least once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in said town, and shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for such hearing shall be not less than five nor more than ten days form 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 apprai ement and apportionment as confirmed by said mayor and council shall be payable in ten equal installments, and shall bear interst at the rate of 7% per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said mayor and council shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts of land liable therefor, and shall cause said appraisement and apportionment to be recorded on the mortgage records of Grady 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 Grady, and the Town of Whigham. Board of appraisers. Report of appraisers. Hearing of objections. Review of assessment. Payment in installments. Record of appraisement. Lien of assessment. Sec. 8. Be it further enacted by the authority aforesaid, that the first installment of said assessments, together with interest to that date upon the whole, shall

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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 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 as 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 treasurer of the Town of Whigham, 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 Town in proportion to the respective interests. Installment payments. Option as to payment. 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, 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, 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 the authority aforesaid, that the said Town of Whigham, by its mayor and council, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessments, shall by resolutions provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage

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of the ordinance levying the said assessments, and of such denominations as the said Town of Whigham, by its mayor and council, shall determine, which bond or bonds shall in no event become a liability of the Town of Whigham, or its mayor and council issuing same. One tenth in amount of such series of bonds with the interest upon the whole series to that date shall be payable on the fifteenth day of September next succeeding the maturity of the first installment of the assessments and interest, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the fifteenth day of September in each year succeeding, until all shall be paid. Such bonds shall bear interest at a rate not to exceed 7% per annum from their date until maturity, payable annually, and shall be designated as street-improvement bonds, and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of the Act. Said bonds shall be signed by the Town of Whigham by the mayor, and attested by the clerk of the council, and shall have the impression of the corporate seal of such town 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 the 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 clerk of council in a

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book to be provided for the purpose, and certificates of registration by clerk of said town shall be indorsed upon each of said bonds. Street-improvement bonds. Sale of bonds. Registration of bonds. Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the Town of Whigham, who shall give proper receipt for such payment. It shall be the duty of the treasurer to keep an accurate account of all collections by him made, and all such collection shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of said treasurer, not less than thirty days and not more than forty days before the maturity of any installments of such assessments, to publish in a daily or weekly newspaper having a general circulation in said Town of Whigham, once a week for two consecutive weeks, a notice advising the owners 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 made or levied, and that unless the same shall be promptly paid proceedings will be taken to collect same said installment and interest. And it shall be the duty of said treasurer, promptly at the date of maturity of any such installment or assessment and interest, and on or before the fifteenth day of September of each year, in cases of default of payment of such installment or assessment with interest, to issue an execution 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 Town of Whigham, 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 town, the

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same shall be sold at public outcry, as in other city tax sales, to the highest bidder, and each sale shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments or assessments with interest; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and, when received by the city marshal, shall be returned to the superior court of Grady 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 the said treasurer to publish said notice of the maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Collection of assessments. Notice as to maturity of installment. Execution for assessment; levy and sale. Affidavit of illegality. Failure to give 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 Town of Whigham or its 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 Town of Whigham, by its mayor and council, to adopt and publish the preliminary resolution or ordinance provided for in section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the

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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 or enjoin assessment. Sec. 13. Be it further enacted by the authority aforesaid, that the publication of all notices in a daily or weekly newspaper called for in this Act shall be the number of days therein specified, exclusive of Sundays and legal holidays. Sundays, etc., excluded from days for notice. Sec. 14. Be it further enacted by the authority aforesaid, that whenever the abutting-land owners of any street, alley, avenue, or lane of said town petition the Town of Whigham as herein set out, or the mayor and council of said town 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 purposes of assessment; and where the State is the owner of the property, the Governor is authorized to sign any petition provided 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 Grady County is authorized to sign in behalf of the county; and where the Town of Whigham is the owner, the mayor of Whigham is authorized to sign in behalf of the town. Assessment where State or county is owner of property. Sec. 16. Be it further enacted, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved July 30, 1927.

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WOODBINE STREET IMPROVEMENTS. No. 225. An Act to amend an Act approved....., 1927, amending the charter of the Town of Woodbine, and the several Acts amendatory thereof, so as to authorize and empower the Town of Woodbine, by its board of aldermen, to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the Town of Woodbine, 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. yearly for ten years; to provide for the issuance of bonds by the Town of Woodbine by its board of aldermen, to be known as street-improvement bonds, and for the paying 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, and several Acts heretofore passed by the legislature creating a charter for the Town of Woodbine, Georgia, and the several Acts amendatory thereof, are hereby amended as follows: Sec. 2. Be it further enacted, that said Town of Woodbine, by its board of aldermen, is hereby authorized and empowered to establish and change the grade of any street, avenues, alleys, lanes, and other public places in the Town of Woodbine, and to improve same by curbing, paving, macadamizing, and draining the same, whenever in its judgment the public convenience and welfare may require

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such improvement, subject only to the limitations described in this Act. Authority for street improvements. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said Town of Woodbine, by its board of aldermen, 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 Town of Woodbine, said Town of Woodbine, by its board of aldermen, 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 Town of Woodbine; 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 Town of Woodbine their protest in writing against such improvement, then said Town of Woodbine, by its board of aldermen, shall have power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or other highway separately, except when treated as one project, as hereinafter provided. Provided, however, that if the owners of more than one half of the front feet of the land liable to assessment for any such improvement shall petition the Town of Woodbine for such improvement of any street or part of street, alley, lane, or avenue, or other public place described in such petition, stating 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 Town of Woodbine, by its board of aldermen, to promptly cause

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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 or ordinance as to necessity of improvement; publication. Objections. Petition for improvement. Duty to improve. 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 Town of Woodbine, by its board of aldermen, 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 Town of Woodbine shall be for all intents and purposes of this Act, an owner or legal representative of real estate abutting on any street, lane, alley, or avenue or project, and shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, avenue, or other project, and shall pay from the city treasury a just pro rata of the entire cost of said work or improvement for the said frontage. Such payment to be made out of the general fund of the Town of Woodbine accruing from taxes collected during the current year. Mode of assessment. 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 Town of Woodbine,

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by its board of aldermen, 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 Town of Woodbine, by its board of aldermen, 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 [Illegible Text] 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. Power to enact ordinances, etc. 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 Town of Woodbine, by its board of aldermen, 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 town 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 town in performance of his duties in preparing for such mprovements the necessary plans, plats, profiles, specifications, and estimates. Said resolution shall set forth any such reasonable terms and conditions as said Town of Woodbine shall deem proper to impose with reference to letting the contract and the provisions therefor, and the said town shall by said resolution

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provide that the contractor shall execute to the town a good and sufficient bond in 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 town and all property-owners interested against any loss or damage by reason of the negligent or improper execution of the work, and may require a bond in an amount to be stated 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 town. Said resolution shall also direct the agent or engineer of said town 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 Town of Woodbine. Said notice shall be published once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in the Town of Woodbine. At the time and place specified in such notice the Town of Woodbine, by its board of aldermen, shall examine all bids received, and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected, and perform all the conditions imposed by the said Town of Woodbine 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 town with the plans and specifications; and the said town shall have the right to reject any and all bids and readvertise for other bids, when any such are not in its judgment satisfactory. Resolution to proceed with improvement; contents of resolution. Bond of contractor. Advertisement for bids. Award of contract. Sec. 7. Be it further enacted, that as soon as said contract is let and the cost of such improvements, which shall

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include all other expenses incurred by the town incident to such improvements in addition to the contract price for the work and materials, is ascertained, the said Town of Woodbine, by its board of aldermen, shall by resolution appoint a board of appraisers, consisting of its agent or engineer, the clerk of the said town, 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 improved, with the clerk of said town. When said report shall have been returned and filed, the said town shall appoint a time for the holding of a session of its board of aldermen, or shall designate a regular meeting of its board of aldermen 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 be published by the clerk of said town at least once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in said town, 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 board of aldermen at said session shall have power to review and correct such 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 board of aldermen. Assessments in conformity to said appraisement and apportionment as confirmed by said board of aldermen shall be payable in ten equal installments, and shall bear interest at the rate of seven (7) per cent. per annum until paid, payable in each year at such time as the several installments

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of the assessments are made payable each year. The said board of aldermen 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 Camden County, duly certified as correct by the clerk of the Town of Woodbine; and when so recorded, the charge 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 Camden, and the Town of Woodbine. Board of appraisers. Report of appraisers. Hearing of objections. Review of assessment. Payment of assessment. 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 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 privilege 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 Town of Woodbine, 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 town in proportion to the respective interests. Installments of assessment, how payable. 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

Page 1723

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 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 of warranty. Lien of assessment. Sec. 10. Be it further enacted by authority aforesaid, that the said Town of Woodbine, by its board of aldermen, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said Town of Woodbine, by its board of aldermen, shall determine, which bond or bonds shall in no event become a liability of the Town of Woodbine, or its board of aldermen issuing same. One tenth in amount of any such bonds with interest upon the whole series to that date shall be payable on the first day of..... 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 first day of..... 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 benefited by such improvements under authority of this Act. Said bonds shall be signed by the Town of Woodbine, by the mayor, and attested by the clerk of the Town of Woodbine, and shall have the impression of the corporate seal of such town thereon, and shall

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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 board of aldermen. Said bond 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 board of aldermen, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said board of aldermen shall direct. Said bonds may be registered by the said clerk of the Town of Woodbine in a book to be provided for that purpose, and certificates of registration by clerk of said town shall be indorsed upon each of said bonds. Street-improvement bonds. Sale of bonds. Registration of bonds. Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the 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 Town of Woodbine, 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 fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of said treasurer, 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 town, once a week for two consecutive weeks, a notice advising the owners 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

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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 maturity of any such installment or assessment and interest, and on or before the first day of....., 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 Town of Woodbine, 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 town taxes of said town, the same shall be sold at public outcry as in other town 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 said marshal, shall be returned to the Superior Court of Camden 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 of assessments. Execution for assessment; levy and sale. Affidavit of illegality. Failure to publish notice.

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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 Town of Woodbine, or its board of aldermen, 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 Town of Woodbine, by its board of aldermen, 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 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 board of aldermen 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. Suit to set aside or enjoin assessment, limit of time for. Second assessment. Sec. 13. Be it further enacted by the authority aforesaid, that in all cases where the Town of Woodbine, by its board of aldermen, 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 payment 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 board of aldermen of said Town the pavement is worn out and no longer serviceable. It not being the intention of this Act to repeal present or existing laws for the paving or improving the streets of Woodbine, but it is intended for this Act to be cumulative as to all such improvements in said Town. Repaving, etc.

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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. Sundays, etc., excluded from days for notice. 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 town petition the Town of Woodbine as herein set out, or the board of aldermen of said town 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, and for and in behalf of the State; and where the county is the owner, the chairman of the Board of Roads and Revenues of Camden County is authorized to sign in behalf of the county; and where the Town of Woodbine is the owner, the mayor of Woodbine is authorized to sign in behalf of said town. Assessment where State or county is owner of 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 Town of Woodbine, except where the same are in direct conflict with this Act, it being intended that the provisions of this Act shall be cumulative and in addition to the present laws. Existing laws not repealed. Sec. 17. Be it further enacted, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 15, 1927.

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WRENS STREET IMPROVEMENTS. No. 78. An Act to amend the charter of the Town of Wrens, Jefferson County, Georgia, as approved December 17th, 1901, and the subsequent amendments thereto, so as to authorize and empower said Town of Wrens, 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 town, 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 to be known as street-improvement bonds to be negotiated by the town, 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 Town of Wren'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 Town of Wrens 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 December 17th, 1901, consolidating and amending the several Acts incorporating the Town of Wrens, Jefferson County, Georgia, and the Acts amendatory

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thereof, be and the same is hereby amended by adding thereto the following provisions, to wit: The aforesaid Town of Wrens, 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 portion thereof, within the corporate limits of said city, and to assess the cost of such improvements in whole or in part against the abutting-property owners, and of the owners thereof benefited, and by suitable ordinance of the aforesaid authorities to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; and to provide for the issuance of bonds to be known as street-improvements bonds, which may be negotiated, sold, or otherwise hypothecated by said town, or used otherwise in making provisions for the payment of the cost of such improvements; and to authorize the levy and collect on of a tax on all the property in said city subject to municipal taxation, to be used in defraying the town's share of the expense of such improvement in conformity with the provisions of this Act. Authority for street improvements. Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, footways, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places, or any portion thereof within the limits of said town, 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 [Illegible Text] all of the expenses incurred by the town incident to such improvements, including the cost of intersections on any street or streets to be paved, the mayor and council of said town shall by written resolution appoint a board of appraisers consisting of five persons, who shall be freeholders of said Town

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of Wrens, and shall possess the same qualifications as are required by the charter and ordinances of said Town of Wrens for the office of mayor; and when said board are appointed, they shall do and perform all the duties provided for in this Act. In the event any member of said board of appraisers is disqualified by reason of interest, relationship, or other cause, the mayor and council of said town is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid board. The said board of appraisers, within ten days from the date of the resolution appointing said board, shall file a written report of the appraisal and assesment 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 place so improved, with the clerk of council of said town, in the manner and on the basis herein provided. When such report shall have been returned and filed, the 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 complaint or objections that may be made concerning said appraisement, apportionment and assessment as to any such tracts or lots of land abutting on said improvement; and notice of the said session for the said hearing shall be published by the said clerk of council, once a week for two consecutive weeks, in a newspaper of general circulation in the Town of Wrens, and said notice shall provide for an inspection of such report by any property-owner or other party interested in such report. The time fixed for said hearing shall not be less than seven days nor more than fifteen days from the last publication. The said mayor and council at said session shall have the 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 the said board or as corrected by said mayor and council. Board of appraisers. Report of appraisers. Hearing of objections. Sec. 3. Be it enacted by the authority aforesaid, that the said mayor and council shall by written resolution

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levy an assessment against the lots or parcels of land abutting on said improvement, in accordance with said appraisement and assessment, as confirmed by the said mayor and council, and such assessments shall be due and payable fifteen days after the date of the ordinances levying said assessments, without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the mayor and council may in their discretion fix, and one annual installment, together with annual or semi-annual interest as fixed by said mayor and council upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the Town of Wrens his promissory notes in a form approved by said mayor and council for such deferred payments, with proper interest coupons attached thereto for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof, but shall be secured by said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens shall be enforced for the payment thereof. Any property-owner by electing to pay said assessment in ten equal annual installments, by giving promissory notes for said installments, shall be conclusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever estopped from contesting the same on any grounds whatsoever. Assessments. Payment of assessment in installments. Estoppel by electing to pay installments. Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment

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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. 5. 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 Town of Wrens may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount remaining unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution. Said bonds to be of such denomination as said mayor and council may determine, which bonds shall in no event become a debt or liability of said Town of Wrens by reason of its issuing the same for the purposes herein specified. One tenth of the amount of such series shall become due and payable on the first day of January next succeeding date of the issuance thereof, and one tenth of the amount of such issue of bonds, together with the interest, annual or semi-annual, upon the whole amount thereof remaining unpaid, shall be payable on the first day of January in each succeeding year until all of said installments shall have been paid; said bonds shall bear interest at not exceeding eight per cent. per annum from their date until maturity, which interest may be required to be paid annually or semi-annually as said mayor and 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 Town of Wrens, and attested by the clerk thereof, and shall have

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thereon the impression of the incorporate seal of said town, and shall have attached thereon interest coupons, and all bonds issued by virtue of this Act shall be payable at such place, either within or without the State of Georgia, as may be designated by said mayor and council; the proceeds of said bonds shall be applied to the payment of the contract price and other legal expenses incurred in making such improvements, or such bonds may be, in whole or in part, negotiated and delivered to the contracting person, persons, firm, firms, corporation, or corporations making and having made such improvements, at such price as may be agreed upon in payment of any amount or amounts due such contract or contracts; and any portions of the bonds not so negotiated may be sold or otherwise disposed of by the aforesaid authorities of the Town of Wren, and the proceeds applied to any expense incident to and incurred by the town in providing for such improvements; said bonds shall be registered by the clerk of the Town of Wrens as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds. Street-improvement bonds. Sec. 6. 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 persons 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 the Town of Wrens, who shall issue proper receipts therefor. The aforesaid officer of the Town of Wrens 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 Town of Wrens 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.

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Sec. 7. Be it enacted by the authority aforesaid, that upon failure of any property-owner to pay any assessment herein levied, the Town of Wrens 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 sale thereunder conducted as in case of the issuance of executions and sales for other town taxes, and such sale shall vest in the purchaser absolute title to the property sold, subject to the lien of the remaining unpaid installments with interest; and as against any assessment for the improvements herein provided for, and the enforcement of the same by execution and levy, any abutting-property owner shall have the right to file an affidavit of illegality, returnable to the Superior Court of 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; 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 pauperis as provided in claim cases. Execution for assessment; levy and sale. Sec. 8. Be it further enacted by the authority aforesaid, that said mayor and council in its discretion may assess the whole or any part of the expense of constructing sidewalks, footwalks, curbing, drains, and gutters along the sides of all public thoroughfares in said town, together with the whole or any part of the cost of all material used

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in making such street improvements, against the property abutting on such thoroughfares, street, 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 appropriated 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 thoroughfares paved, macadamized, or otherwise improved, according to its front footing 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 chargeable to and borne by the Town of Wrens, Georgia, which may be paid by the levy and collection of an ad valorem tax or by the issuance of bonds other than the street-improvement bonds authorized by this Act to be issued, or by any funds which may be allotted to Jefferson County, for the use and benefit of the public street in the Town of Wrens, 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 State or Federal road funds allotted to the Town of Wrens under the laws of this State. The Mayor and Council of the Town of Wrens, 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 town 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 town, the presence or absence of parks or boulevards, the width of the street,

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or any factor in the 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. Mode of assessment. Town's part of cost. Sec. 9. Be it further enacted by the authority aforesaid, that when the right of way of any railroad company crosses any street, highway, or other thoroughfare within the corporate limits of said town, such company shall be deemed, for the purpose of this Act, as the owner of property on both sides of the street, highway, or thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks. Any and all property owned by Jefferson County lying within the corporate limits of said town, 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 methods as is allowed by law for the collection of demands against said county. Assessment where railroad company or county is owner of property. Sec. 10. Be it further enacted by the authority aforesaid, that the Mayor and Council of the Town of Wrens is authorized and empowered to enact such ordinance and ordinances and adopt such resolution or resolutions as may be necessary to carry out the powers herein conferred, as well to make all necessary provisions for the apportionment, assessment, and collection of all cost and expenses herein provided for against the abutting property and the owners thereof for such street improvements as may be made under this Act, and is authorized and empowered to fix and determine the date or dates for the payment of such assessments and the interest thereon either in annual or semi-annual payments. Authority to enact ordinances, etc

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Sec. 11. Be it enacted by the authority aforesaid, that the Town of Wrens 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 Act of the General Assembly of Georgia, approved December 17th, 1901, 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. Co-operation of town with county authorities and State Highway Department. Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor and Council of the Town of Wrens, shall have full and complete control of the streets, alleys, sidewalks, and squares of said town, and shall have power and authority to open, lay out, widen, straighten, or otherwise change all streets, sidewalks, alleys, and squares in said Town of Wrens. Whenever the said Mayor and Town Council of the Town of Wrens 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 Town Council of Wrens shall choose one appraiser and the owners of the lands to be taken or damaged 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 changing of such street, alley, or square; and if the property-owner after five days' notice shall fail to name an appraiser, the clerk 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 shall appoint such appraiser; provided the said appraisers shall be citizens of said town. 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

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thereupon operate as a judgment and execution may issue thereon. Either party may, within ten days from the 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 town; and at any stage of the proceedings to condemn, before or after the final award, the Mayor and Council of the Town of Wrens may, by paying to the property-owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk, or square. Appraisement of value of land taken or damaged. Award of appraisers. Appeal from award. Town may decline to take property. Sec. 13. Be it further enacted by the authority aforesaid, that when any property of Jefferson County abuts upon any sidewalk in said town, the Town of Wrens shall have power and authority to pave, curb, remove, or repair the same and assess the whole cost of the same against the county, according to frontage; and when such property abuts upon any street, alley, or way that is graded, paved, or otherwise improved by the said Town of Wrens, said town 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. Assessment against county. Sec. 14. 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 mayor and council from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity thereof, on any ground or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided, that in the event any special assessment shall be found to be invalid or insufficient either in whole or in part, for any reason whatsoever, the said mayor and council may at any time, in the manner provided

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for the levying of the 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 or enjoin assessment, etc., limit of time for. Second assessment. 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 30, 1927.

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TITLE II. PRIVATE CORPORATIONS. ACTS. First Presbyterian Church of Augusta. Trustee of Old Church, Burke County. FIRST PRESBYTERIAN CHURCH OF AUGUSTA. No. 11. An Act to repeal an Act entitled An Act to define and restrict the corporate privileges heretofore granted to `the First Presbyterian Church of Augusta' as to the creation of debt and limiting said power, approved October 24, 1887. Be it enacted by the General Assembly of the State of Georgia: Section 1. That an Act entitled An Act to define and restrict the corporate privileges heretofore granted to `the First Presbyterian Church of Augusta' as to the creation of debt and limiting said power, approved October 24, 1887 (see Georgia Laws 1887, page 889), be and the same is hereby repealed. Repeal of Act of 1887 Sec. 2. That all laws in conflict with this Act are hereby repealed. Approved July 13, 1927.

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TRUSTEE OF OLD CHURCH, BURKE COUNTY. No. 237. An Act to amend an Act incorporating the Methodist Episcopal Society at Old Church in Burke County, and to vest in said Society the lot of land on which the said Old Church is built, together with the lands adjacent thereto, approved December 14th, 1830, by making the Burke Light Infantry Post 120 of the American Legion of Burke County, Georgia, trustees of Old Church and of the lot of land on which the old church is built and other lands owned by said old church through its trustees, and providing the method by which said trustees shall manage and control said lands, and providing the uses of said property, and in reducing the said board to one, to be Burke Light Infantry Post 120 American Legion of Burke County, Georgia, and by more particularly describing the power, jurisdiction, duty, authority of said trustee; and for other purposes. Section 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 Methodist Episcopal Society at Old Church in Burke County, and to vest in said Society the lot of land on which the said Old Church is built, and defining their duties, etc., approved December 14th, 1830, be and the same is hereby amended by striking from said Act the whole of sections one, two, three, and four thereof, and enacting in lieu thereof sections one, two, three, and four, as follows: Act of 1830 amended. Sec. 1. Be it further enacted, that Burke Light Infantry Post 120 of the American Legion, Burke County, Georgia, be and they are hereby declared a body corporate, and that they are hereby invested with the property in Burke County, Georgia, known as Old Church property, as trustee, and that they shall be vested with all manner and kinds of property which they may acquire or be possessed of by gift, purchase, or otherwise, with all the privileges and immunities thereunto belonging, to have and to hold the

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same for the behoof and use of said society. And they are hereby declared capable of suing and being sued, and using all legal means for recovering and defending any property, whether real or personal, which they may hold, claim, or demand as trustee as aforesaid. Burke Light Infantry Post 120 of American Legion incorporated and made trustee of Old Church property. Sec. 2. And be it further enacted, that the Burke Light Infantry Post 120 of the American Legion of Burke County, Georgia, shall be vested with the power and authority to elect another trustee or trustees to take charge of said Old Church and property, giving to them as full power over said property as they have. Power to elect other trustees. Sec. 3. And it is further enacted, that the Burke Light Infantry Post 120 of the American Legion of Burke County, shall have the power to make and ordain such by-laws and regulations as they may deem necessary for carrying into effect the provisions of this Act; provided such by-laws and regulations be not repugnant to the constitution and laws of this State. Power to make by-laws and regulations. Sec. 4. And be it further enacted, that the lot or parcel of land on which Old Church is built and now stands and adjoining lands which has been considered as belonging to said church, is hereby vested in the said Burke Light Infantry Post 120 of the American Legion of Burke County, Georgia aforesaid, and their successors, for the use and benefit of said Society, they having full power to use said property for all legal purposes, always keeping the church open for the use of religious services of all denominations; the said trustee shall in no case sell said lands, but they can lease the farming lands adjacent to said church lot as in their judgment may be expedient and proper. Land vested in trustee. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 15, 1927.

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PART IV.RESOLUTIONS.

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RESOLUTIONS. Appropriation for Capitol and Mansion. Brown Memorial; Time Extended. Georgia Reports to Brooks County. Georgia Reports to Butts County. Gordon Home as Memorial. Indian Springs Reserve for State Park. Masonic Contribution to Tuberculosis Sanitarium. Paul Redfern FlightBrunswick to Brazil. Poet Laureate; Earnest Neal so Named. Relief of Sureties Adams and Nobles. Relief of Sureties Aiken, Elliott, Rutherford, and Sibley. Relief of Sureties Dismuke and Watson. Relief of Surety Durham. Relief of Surety Huff. Relief of Surety Kincaid. Relief of Surety Ryals. Relief of Sureties Sellers et al., and of Sellers Tax-Collector. Relief of Surety Taylor. Relief of Surety Wages. Treasurer's Signature on Checks. Unfinished Business of General Assembly, Persons Authorized to Remain for. APPROPRIATION FOR CAPITOL AND MANSION. No. 20. Whereas the ground floor of the Capitol had become a fire menace endangering both the building and the lives of the occupants; and whereas the insurance carriers demanded that wooden rooms used to file and preserve State records be dispensed with and less inflamable material be used; and whereas Governor Walker did have such repairs made, providing offices for the Service Bureau and the Banking Department and many file-rooms, and rearranged the ground floor of the Capitol, paying for

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same out of the public buildings and grounds fund; and whereas these repairs cost twenty-five thousand dollars ($25,000), reducing the fund for the upkeep of the Capitol to less than six hundred dollars ($600.00) at this time; and whereas it will be impossible to heat, light, and provide janitors' service for the Capitol building for the balance of the year, unless same is provided for by special appropriation: Preamble. Be it therefore resolved by the General Assembly of the State of Georgia, that the sum of twenty-five thousand dollars ($25,000.00), or so much thereof as may be necessary, be and the same is hereby appropriated to defray the expense of maintaining the Capitol buildings and the Governor's Mansion for the balance of the year 1927, and the same is hereby made immediately available out of any funds in the State Treasury not otherwise appropriated. $25,000 appropriated for maintenance of Capitol and Governor's mansion. Approved August 25, 1927. BROWN MEMORIAL; TIME EXTENDED. No. 18. Whereas the General Assembly of Georgia heretofore passed a resolution consenting for the executor of the will of the Hon. J. L. Brown, deceased, to have bronze statues of former 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, by resolution approved August 21st 1925, and published in the Act of 1925, and beginning on page 1608; and whereas, under and by virtue of the resolution aforesaid, a period of two years was granted to said executor in which to have said statues and their fittings made and placed on the Capitol Square at the place above designated; and whereas it is made to appear that said statues

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are under construction, and that additional time will be required within which to complete the same and place them on the grounds as designated in the resolution aforesaid: Preamble. Therefore be it resolved by the Senate of Georgia, with the House of Representatives concurring, that the period of two years granted under the original resolution hereinabove referred to be and the same is hereby extended for an additional two years, or so much thereof as may be necessary for the completion and erection of the statues mentioned. Extension of time for erecting statues on Capitol grounds. Approved August 23, 1927. GEORGIA REPORTS TO BROOKS COUNTY. No. 1. Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same, that whereas, in the month of March, 1925, the court-house of Brooks County was seriously damaged by fire; and, whereas the volumes of the reports of the Supreme Court and the Court of Appeals of Georgia, hereinafter referred to, have been lost or destroyed or so seriously damaged as to be unfit for use: Preamble. Therefore be it resolved, that the State Librarian be instructed and authorized to furnish to the clerk of the Superior Court of Brooks County, Georgia, for the use of said clerk and the Ordinary of said county, the following volumes of the Supreme Court Reports and the Court of Appeals Reports which have become lost or destroyed from the sets formerly furnished to said county: Reports to be furnished to Brooks county. Two sets complete of Georgia Reports from one to 100 inclusive. One volume each of Georgia Reports numbered 142, 143, 144, 145, and 146.

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Two volumes of Georgia Appeals Reports numbered 10. One volume each of Georgia Appeals Reports numbered 3, 13, 15, 16, 17, 18, 19, 20, and 22. Said volumes to be for the use of Brooks County. Approved August 11, 1927. GEORGIA REPORTS TO BUTTS COUNTY. No. 8. Whereas, on account of razing the old court-house of Butts County, prior to the construction of the present court-house of said county, the law books of said county, including the Supreme Court Reports, were mutilated or destroyed, and subsequent to said time certain few of said county's Supreme Court Reports and Court of Appeals Reports have been lost or destroyed, said county now being without the preliminary volumes and Georgia Supreme Reports numbers one to one hundred and thirty, inclusive, and volumes 138, 144, 151, 153, and 157, and also volumes 4, 15, and 27 of the Georgia Court of Appeals Reports: 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 Ordinary of Butts County, out of the stock now on hand, complete sets of the preliminary volumes and Georgia Supreme Court Reports from number one to one hundred and thirty, inclusive, and volumes 138, 144, 151, 153, and 157, and also volumes 4, 15, and 27 (Georgia) Court of Appeals Reports. Reports to be furnished to Butts county. Approved August 18, 1927. GORDON HOME AS MEMORIAL. No. 13. Resolved by the General Assembly of the State of Georgia as follows, to wit:

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Whereas it has been proposed by many citizens of the State of Georgia that the home of General John B. Gordon, located in DeKalb County, be secured and maintained as a perpetual memorial to the noble character, gallant services, and exalted civic virtues of this great Georgian, and whereas the State of Georgia and its people are deeply interested in this movement, and should grant its moral support to its promotion, and should investigate the propriety of the State taking an active part in bringing the plans to a successful conclusion: Preamble. Therefore, upon the approval of this resolution by the Senate and House of Representatives, and the approval of the Governor, his Excellency shall appoint a committee of five citizens from the State of Georgia to promptly investigate the feasibility of the plan proposed, the availability of the property for the purpose intended, the method and procedure that is or will be proposed for securing the property and dedicating it for public purposes, the practical plan of maintenance and security of the property, and to make prompt report to the Governor of the State of Georgia and to the next session of the General Assembly of the State of Georgia, whether meeting in general or special session, so that such action can be taken thereon as appears to be in the public interest. Committee to investigate as to securing home of John B. Gordon as memorial. Approved August 20, 1927. INDIAN SPRING RESERVE FOR STATE PARK. No. 21. Be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that the Indian Springs Reserve in the County of Butts, said State, containing ten (10) acres of land with the spring and improvements thereon, is hereby placed under the jurisdiction and control of the State Board of Forestry, the same to be converted and used for a State Park. Indian Spring Reserve placed under State Board of Forestry as park. Approved August 25, 1927.

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MASONIC CONTRIBUTION TO TUBERCULOSIS SANITARIUM. No. 14. Whereas, the Masons of the Grand Lodge F. A. M. for the State of Georgia are interested in the eradication and prevention of tuberculosis among the children of the State of Georgia, and to that end have raised a sufficient amount with which to build, equip, and furnish a cottage or unit for children, at Alto, Georgia, in connection with the Tuberculosis Sanitarium; and whereas it is desirable on behalf of the people of the State of Georgia to accept such contribution and tender of assistance from said fraternity: Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring, that the State Board of Health be and it is hereby authorized to accept the contribution so made by the Grand Lodge F. A. M. of the State of Georgia for the purpose aforesaid, and to provide a suitable location for the said building or unit and to supervise the construction of the same. The State Board of Health shall be further authorized to contract with the Grand Lodge F. A. M. of Georgia for the support and continuing maintenance by the State Board of Health of said children's cottage or unit at Alto; it being the sense of this resolution that in the event the State of Georgia should remove said sanitarium to some other location, that the State shall then provide for the continuance of this benefaction by erecting a cottage or unit in lieu of the one so provided by the Masonic Grand Lodge of Georgia, of equal value to that provided aforesaid. State Board of Health authorized to accept Masonic contribution and to contract with Grand Lodge. Approved August 23, 1927. PAUL REDFERN FLIGHTBRUNSWICK TO BRAZIL. No. 7. Whereas the City of Brunswick, Georgia, is sponsoring a non-stop flight to be made by Paul Redfern, aviator,

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from Brunswick, Georgia, to Rio de Janeiro, Brazil, and whereas the principal object of the proposed flight is to promote more intimate relations between the United States of America and Brazil and other South American countries, and incidentally to cultivate a friendly touch between the State of Georgia and our sister republics in South America: Preamble. Therefore be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that the proposed flight from Brunswick, Georgia, to Rio de Janeiro, Brazil, to be made by Paul Redfern, aviator, during the month of August, under the sponsorship of the citizens of Brunswick, Georgia, is hereby commended and endorsed. Further resolved, that the members of the General Assembly of the State of Georgia extend most cordial greetings to the President of Brazil and to the citizens of that great Republic, and assure him and them that we esteem it an honor and a privilege to be able to transmit by a courageous citizen of our own State and country our expressions of good will and friendship, and to assure him that we earnestly desire to contribute to the further development of social and commercial relations between the citizens of our State and country and those of his great Republic and the other South American republics. Flight of Paul Redfern, aviator, commended and endorsed. Message to President of Brazil. Further resolved, that we extend to the officials and citizens of Brazil a most cordial invitation to visit our State whenever possible. Brazilians invited to this State. Further resolved, that the Secretary of State of the United States be and he is hereby requested to express to the American Ambassador to Brazil the desire of this body that he accord an official reception to Mr. Redfern, and that he take such action as may be consistent in insuring a worthy reception from the government and citizens of Brazil for our aviator ambassador. Further resolved, that his Excellency, the Governor, is hereby respectfully requested to transmit a duly certified copy of this resolution to the

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Department of State, accompanied by such communication as may be appropriate to the occasion. American Ambassador requested to accord reception, etc. Approved August 15, 1927. POET LAUREATE; EARNEST NEAL SO NAMED. No. 19. Whereas, Frank Lebby Stanton, Poet Laureate of Georgia, and one of the great poets of America, has passed away; and whereas, Frank Lebby Stanton has been designated as Poet Laureate of the State of Georgia: Preamble. Therefore be it resolved, by the Senate and the House of Representatives of the State of Georgia, that Earnest Neal, of Gordon County, Georgia, is in every way a fit and proper person to succeed the greatly beloved Stanton, and is hereby declared to be Poet Laureate of the State of Georgia. Poet Laureate named. Approved August 23, 1927. RELIEF OF SURETIES ADAMS AND NOBLES. No. 3. Whereas C. H. Adams, J. F. Nobles, and W. J. Nobles, all of Laurens County, Georgia, became sureties on the bail-bond of D. P. Nobles for his appearance at the March term, 1920, of the City Court of Dublin, said county, to answer to an accusation for a misdemeanor; and whereas the said D. P. Nobles failed to appear at the December Term, 1920, of said city court in compliance with the conditions of said bail-bond, and thereupon a rule nisi issued; and whereas, at the March term, 1921, of said City Court of Dublin, a rule absolute and final judgment were obtained on said bail-bond against the said D. P. Nobles as principal, and C. H. Adams, J. F. Nobles, and W. J. Nobles as sureties, for the sum of five hundred ($500.00) dollars;

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and whereas the said principal, D. P. Nobles, at the time above mentioned, was confined in the hospital in the City of Dublin, Georgia; and whereas the said sureties relied upon the said D. P. Nobles in having said forfeiture vacated on account of his illness; and whereas the said D. P. Nobles failed to do so before his death, and, Preamble. Whereas, the said D. P. Nobles was, at the June term, 1921, of said court, tried, convicted, and sentenced to twelve months on the State farm of said State, for said offense: Therefore be it resolved by the Senate, the House concurring, that inasmuch as the purpose for which said bond has been given has been fully accomplished, that the said C. H. Adams, J. F. Nobles, and W. J. Nobles be relieved of all liability of said execution (recorded on general execution docket II, page 16, in clerk's office, Superior Court, Laurens County, Georgia) issued on said forfeiture and judgment, and the clerk of Superior Court of Laurens County, Georgia, is hereby authorized and directed, upon the payment of the costs that have accrued by reason of said forfeiture, to mark said execution satisfied and cancel same on record upon payment of all accrued cost. Relief of sureties. Approved August 11, 1927. RELIEF OF SURETIES AIKEN, ELLIOTT, RUTHERFORD, AND SIBLEY. No. 6. Whereas J. A. Elliott, J. J. Rutherford, J. V. Aiken, and J. H. Sibley did become sureties on the appearance bond of L. R. Evans, indicted at the July term, 1926, of the Superior Court of Greene County, Georgia, for the offense of burglary, which bond was forfeited by reason of the non-appearance of said L. R. Evans at the term of court at which his case was called, and a rule absolute was issued and execution issued thereon on the forfeiture

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of said bond against said J. A. Elliott, J. J. Rutherford, J. V. Aiken, and J. H. Sibley for the principal sum of two hundred ($200.00) dollars and costs, the rule absolute being issued at the January term, 1927, of Superior Court of Greene County, Georgia, as shown by minutes 1918 of Greene Superior Court, page 509; and whereas the said L. R. Evans was afterwards recaptured and entered his plea of guilty, and sentence was passed upon him, as shown on said minutes, page 532, at the April term, 1927, of Greene Superior Court: Preamble. Now therefore be it resolved by the House of Representatives and the Senate concurring, that the sureties, J. A. Elliott, J. J. Rutherford, J. V. Aiken, and J. H. Sibley, be and they hereby are released and relieved from payment of said bond and all liability on the execution on said forfeiture; and the Clerk of Superior Court of Greene County, Georgia, is hereby authorized and directed to mark the execution and the rule absolute cancelled and satisfied, upon payment of all costs in forfeiting said bond. Relief of sureties. Approved August 11, 1927. RELIEF OF SURETIES DISMUKE AND WATSON. No. 11. Whereas W. A. Watson of McDuffie County, Georgia, J. D. Dismuke and T. J. McGahee of Warren County, Georgia, became sureties on two bonds of one hundred ($100.00) dollars each, of Curtis Dismuke, conditioned for his appearance at the October term, 1924, of the City Court of Thomson in McDuffie County, Georgia, to answer two accusations in said court, one of which charged said Curtis Dismuke with the offense of possessing intoxicating liquors, and the other charged him with the offense of furnishing intoxicating liquor to a minor; and whereas said Curtis Dismuke failed to appear at said term of said court in compliance with the conditions of said bonds, and thereupon a rule nisi was issued for the forfeiture of each of said

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bonds; and whereas, at the April term, 1925, of said court a rule absolute and final judgment was taken upon each of said bond forfeitures against said W. A. Watson, J. D. Dismuke, and T. J. McGahee, as the sureties on each of said bonds; and whereas two of said sureties, to wit, W. A. Watson and J. D. Dismuke, jointly paid the amount of the judgment in each of said rules absolute of one hundred ($100.00) dollars each; and whereas, after having so paid said judgments, said sureties, W. A. Watson and J. D. Dismuke, secured the capture and delivery to the sheriff of McDuffie County, Georgia, the said Curtis Dismuke, who one the 12th day of December, 1925, entered a plea of guilty to the charge contained in each of said accusations and was fined fifty ($50.00) dollars in each case, and in addition thereto was sentenced to serve six months on the chain-gang in one of said cases, and four months on the chain-gang in the other thereof, both of said chain-gang sentences having been suspended upon payment of said fines; and whereas the said Curtis Dismuke complied with the terms of each of said sentences; and the costs arising from the said forfeitures have been paid; Preamble. Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the county authorities of said County of McDuffie be and they are hereby authorized to pay to the said W. A. Watson and J. D. Dismuke the sum of two hundred ($200.00) dollars paid by them on said two bond forfeitures, together with the court costs paid by them, same to be paid out of funds arising from the fines and forfeitures in said City Court of Thomson, to reimburse them for the sums so paid by them on account of the forfeiture of said bonds. Relief of sureties. Approved August 19, 1927. RELIEF OF SURETY DURHAM. No. 9. Whereas A. H. Durham, of the County of Troup, has made to this body a showing of the following facts: Preamble.

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Whereas, one Millard Perkins was arrested on accusation preferred against him in the city court of LaGrange at the June term, 1924, of said court, and gave bond with the said A. H. Durham as surety thereon for his appearance at court, and whereas the further showing is made that on account of the said Millard Perkins, not having notice of the time when his case was to be tried, failed to appear, and his bond was forfeited, and whereas the further showing is made that the said Millard Perkins, upon being notified of the forfeiture of said bond, appeared in court and entered a plea of guilty and paid the fine that was assessed against him by the said court, and whereas, the ends of justice having been fully satisfied in this case, the forcing of the said A. H. Durham to pay said bond would be manifestly unfair and would work an unnecessary hardship on the said A. H. Durham: Relief of sureties. Now therefore, be it resolved by the House of Representatives, the Senate concurring, that the said A. H. Durham be relieved of the payment of said bond. Approved August 19, 1927. RELIEF OF SURETY HUFF. No. 15. Whereas Fannie Huff did, on the 24th day of February, 1925, become bail for the appearance of Sidney Huff at the April term, 1925, of the Superior Court of Bibb County, Georgia, in a case pending against Sidney Huff, charging him with the offense of a felony, which said bond was forfeited by reason of the non-appearance of the said Sidney Huff at the April term, 1925, of said court; and whereas an execution issued upon the forfeiture of said bond at the July term, 1925, of said court, for the principal sum of $300.00 and costs; and whereas at a later term of court, to wit, the November term, 1926, the said Sidney Huff appeared and stood trial and was convicted by the jury and sentenced by the court; and whereas from the time of

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the giving of said bond as aforesaid the said Sidney Huff remained in said county and at all times was ready for a trial, but through some misunderstanding was not present in court at the time the case against him was called for trial; and whereas the scire facias in the above matter was never served upon the said Sidney Huff, and the said Sidney Huff had no knowledge that his case was to be called for trial at the time the same was called for trial; and whereas it is a hardship and an injustice against the said Fannie Huff, the security on said bond, she being the mother of Sidney Huff and a poor and ignorant colored woman, to be forced to pay the amount of said bond and the judgment based thereon, under the existing circumstances: Preamble. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the said principal, Sidney Huff, and the said Fannie Huff, security on the bond as aforesaid, be and they are hereby relieved from any and all liability on said bond and from the payment of said judgment based on said bond, and that the clerk of the Superior Court of Bibb County, Georgia, is hereby authorized and directed to mark said bond satisfied and cancel the same of record on the execution dockets of said county, upon payment of accrued court costs. Relief of sureties. Approved August 23, 1927. RELIEF OF SURETY KINCAID. No. 5. Whereas F. M. Kincaid Jr., on the 21st day of December, 1923, did become surety for the appearance of A. B. Davidson at the Superior Court of Bibb County, in a case pending against the said A. B. Davidson, charging him with violation of the prohibition law, which said bond was for the sum of $1,000.00, and said bond was forfeited by reason of the non-appearance of said A. B. Davidson, the rule nisi having been taken at the February term, 1925, and the rule absolute at the April term, 1925, of Bibb Superior Court;

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and, whereas an execution was issued upon the forfeiture of said bond at the April term, 1925, of the Superior Court of Bibb County, for the principal sum of $1000.00 and costs; and whereas, prior to the date of the forfeiture of said bond, the said F. M. Kincaid Jr. had delivered the said A. B. Davidson to the sheriff of Bibb County, Georgia, for appearance before the City Court of Macon to answer to another charge, and the said A. B. Davidson at the time of the forfeiture of said bond and on the date of the issuance of the rule absolute was serving a sentence at the State Farm at Milledgeville, Georgia, thereby causing his appearance impracticable: Preamble. Be it therefore resolved by the House of Representatives, the Senate concurring, that the county authorities of Bibb County, Georgia, be and they are hereby authorized to relieve the said F. M. Kincaid Jr., as surety on said bond, and they are hereby relieved from said execution, and the clerk of the Superior Court of Bibb County, Georgia, be and he is hereby authorized and instructed to mark the execution issued upon this forfeiture, and the rule absolute cancelled and satisfied of record, by authority of this resolution. Relief of surety. Approved August 11, 1927. RELIEF OF SURETY RYALS. No. 16. Whereas A. J. Ryals Sr. did, on the 3rd day of November, 1925, become bail for the appearance of one C. D. Amerson, returnable to the December term, 1925, of the City Court of Macon, in a case charging him with the offense of violating the prohibition law, which said bond was forfeited in case No. 32903, by reason of the non-appearance of the said C. D. Amerson at the December term, 1925, of said court, and whereas, a rule absolute was issued at the March term, 1926, and execution issued upon the rule absolute on the forfeiture of said bond for the

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principal sum of ($300.00) three hundred dollars and cost, and whereas, the said C. D. Amerson was afterwards recaptured by the said A. J. Ryals Sr., and who paid the expenses of said recapture and a reward and return of him back to Bibb County, and whereas the said C. D. Amerson was delivered over to the sheriff of Bibb County and incarcerated in the jail of said county, and whereas the said C. D. Amerson was tried and convicted and given a straight sentence on the chain-gang, at the March term 1907: Preamble. Be it resolved by the House of Representatives and Senate concurring; that inasmuch as the purpose for which the said bond was made is fully accomplished, that the said A. J. Ryals, Sr. be released from all liability on said execution issued on said forfeiture; provided, however, the said A. J. Ryals Sr. should have first paid all the cost in forfeiting said bond. Relief of surety. Approved August 23, 1927. RELIEF OF SURETIES SELLERS ET AL., AND OF SELLERS TAX-COLLECTOR. No. 2. Whereas, on the 4th day of September, 1925, the Honorable William A. Wright, Comptroller-General of the State of Georgia, issued an execution against E. D. Sellers, tax-collector of Appling County, Georgia, and his sureties on his bond, Lem Sellers, W. Branch, J. M. Miles, H. Sellers, W. C. Sellers, Robert L. Lewis, C. L. Sellers, John M. Sellers, J. I. Kennedy, the sum of $10,687.60, the said execution having been issued for the amount due by the said tax-collector aforesaid to the State of Georgia for year 1924; whereas said execution has been paid in full by said tax-collector, but there is a penalty attached of twenty per cent. when the tax-collector is dilatory or slow in making collections and to make collection and settle, and execution was issued as provided for by

Page 1760

law; the Comptroller-General aforesaid of said State is without authority of law to remit said penalty: Preamble. Now, the said execution having been fully paid, and the State having been completely satisfied for said amount, and no loss was occasioned by said delay in the settlement: Therefore be it resolved by the House and the Senate concurring, that E. D. Sellers, tax-collector of Appling County, Georgia, for the years 1921 to 1924, inclusive, be and he and his sureties on his bond are hereby relieved from the penalty, and the Comptroller-General be and is hereby authorized to remit said penalty, and is further authorized to cancel said execution against said tax-collector aforesaid and his sureties. Relief of tax-collector and sureties. Approved August 11, 1927. RELIEF OF SURETY TAYLOR. No. 12. Whereas Pete Stevens was bound over from a magistrate's court in the County of DeKalb to the City Court of Decatur, of said county, for his refusal to give a bastardy bond in terms of the law; and whereas an appearance bond was given in the penal sum of seven hundred and fifty dollars ($750.00), the security thereon being Walter C. Taylor; and whereas the said defendant immediately fled the county, and went to Greece, thereby making it impossible for said surety to produce said defendant to answer said offence, and that said bond was forfeited and rule absolute entered therein against said surety at the March term, 1925; of said City Court of Decatur, and judgment issued as is by law provided: and whereas the said surety has paid the sum of $500.00 to be applied to the payment of the laying-in expenses incident to the birth of the said child and other expenses incident in said cause: therefore Preamble.

Page 1761

Be it resolved by the House of Representatives, the Senate concurring, that the said surety be and he is hereby relieved of the penalty of said bond, and the execution therein be and the same is hereby declared of no further force and effect. Relief of W. C. Taylor as surety. Approved August 19, 1927. RELIEF OF SURETY WAGES. No. 4. Whereas, during the month of March, 1923, an accusation was taken in the City Court of Decatur, charging J. W. Wages with the offense of a misdemeanor, and whereas said J. W. Wages as principal, and A. L. Wages as security, entered into a bond conditioned upon the appearance of said J. W. Wages in the City Court of Decatur, said bond being in the penal sum of one hundred dollars ($100.00), and whereas, on the 16th day of April, 1924, said bond was forfeited, and whereas the said security produced the said principal in court, and that the said case was nolle prossed, and that the said bond forfeiture proceeded to a final judgment before said principal had been produced. Preamble. Therefore, the ends of justice having been met, and the principal having been produced in court in said case, be it resolved by the House of Representatives, the Senate concurring, that said bond and judgment be and the same are hereby cancelled and the security released from all claims and obligations thereunder. Relief of A. L. Wages as surety. Approved August 11, 1927. TREASURER'S SIGNATURE ON CHECKS. No. 10. Whereas bills now pending in the General Assembly of Georgia, providing for the payment of certain obligations

Page 1762

of the State of Georgia by cheques issued by the State Treasurer, will, if enacted into law, vastly increase and multiply the duties of the State Treasurer, and whereas these added duties will tend to unreasonably overwork the State Treasurer: therefore, Preamble. Be it resolved by the House of Representatives, the Senate concurring, that from and after the passage of this Resolution the State Treasurer is hereby authorized and empowered to designate a subordinate of his office, other than the Assistant State Treasurer, to sign said cheques on behalf of the State Treasurer, which, when counter-signed by the Assistant State Treasurer, shall constitute said cheques valid obligations of the State of Georgia. State Treasurer authorized to designate subordinate to sign checks. Be it further resolved by the House of Representatives, the Senate concurring, that nothing in this resolution shall ever be deemed or construed to affect the responsibility of the State Treasurer under his bond for the faithful performance of his duties as Treasurer of the State of Georgia. Treasurer's bond not effected. Approved August 19, 1927. UNFINISHED BUSINESS OF GENERAL ASSEMBLY; PERSONS AUTHORIZED TO REMAIN FOR. No. 17. 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 authorized to remain at the Capitol nine days after the adjournment of the General Assembly, for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment; and that they be allowed their per diem for said time. Presiding officers, secretary, and clerk to stay 9 days after adjournments of General Assembly.

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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 three members of the House Auditing Committee and two members of the Senate Auditing Committee to be designated by the chairmen thereof, and the Chairman of the House Engrossing Committee and seven 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 nine days after the adjournment of the General Assembly, for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Certain committee members to remain. Resolved further, that the postmistress of the House be and she is hereby authorized to remain at the Capitol nine days after the adjournment of the General Assembly, for the purpose of distributing and forwarding members' mail, and that she be allowed her per diem for said time. Postmistress. Resolved further, that three porters of the House and two porters of the Senate be and they are hereby authorized to remain at the Capitol nine days after the adjournment of the General Assembly, and that they be allowed their per diem for said time. Porters. Approved August 23, 1927.

Page 1765

TREASURER'S REPORT.

Page 1766

SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1926. RECEIPTS. Jan. 1 Dr. 1926 Dr. 1925. To Balance in the Treasury $ 2,542,526.76 $ 2,352,206.19 Abstract Companies Tax 22.50 31.50 Adding Machine Companies 1,210.00 990.00 Advertising Agents 607.55 1,018.35 Agencies 2,167.50 1,822.50 Amusement Parks 250.00 225.00 Artists 746.50 748.80 Athletic Clubs 200.00 405.00 Auctioneers 3,075.00 3,555.00 Automobile Agents 42,792.00 37,951.25 Automobile Accessories 25,111.50 22,437.00 Auto Assembling Plants 300.00 270.00 Awning and Tent Makers 147.00 184.50 Automatic Sprinklers 25.00 22.50 Back Taxes 19,243.03 31,807.03 Ball and Other Parks 200.00 180.00 Barbers' Schools 30.00 27.00 Barbers' Shops 11,076.70 10,735.50 Barbers' Supplies 280.00 225.00 Beauty Parlors 1,086.00 954.00 Bee License Tax 50.00 _____ Bicycles 840.00 837.00 Billiards and Pool 31,625.50 36,210.60 Bill Distributors 45.00 22.50 Bill Posters 1,315.87 807.27 Book Agents 4.50 9.00 Bond Makers _____ 225.00 Back Pensions Refunded 60,745.26 _____ Bottlers (N. R.) 900.00 945.00 Brokers (S. B.) 1,800.00 1,620.00 Burglar Alarms 25.00 22.50 Baths 50.00 _____ Cafes and Restaurants 10,387.60 11,269.35 Carbonic Acid Gas 42,672.81 41,679.77 Carpet Cleaners 29.00 18.00 Cars for Hire 17,824.00 16,877.10 Cash Registers 830.00 810.00 Cemetery Agents 390.00 360.00 Cigar Cigarette Stamp Tax 868,376.86 656,255.00 Cigar Makers _____ 27.00 Clerk's Cost Court of Appeals 1,753.33 1,785.00 Coal Dealers 11,390.00 11,182.50 Cold Storage Tax 8,385.00 8,145.00 Construction Companies 444.15 1,507.79 Contractors 162.00 3,887.93 Corporation Tax (ad valorem) 100,099.20 95,722.99 Cost on Fi Fas 47.50 49.50 Conscience Fund 1,100.00 _____ Dance Halls 990.00 900.00 Delinquent Taxes 52,642.87 109,536.95

Page 1767

Detective Agents 1,605.00 1,620.00 Directory Tax 337.50 225.00 Dividends from Stocks 2,410.00 2,410.00 Dry Cleaners 732.50 967.50 Electrical Contractors and Electricians 387.00 468.00 Electric Shows 12,440.73 11,675.24 Electric Shows Supplies 1,300.00 1,350.00 Employment Agencies 690.00 765.00 Equipment Companies' Tax 19,034.72 18,300.76 Express Companies' Tax 4,000.97 4,000.87 Fees from Fertilizers 240,307.04 241,052.71 Fees from Pure Food 66,875.05 62,650.59 Ferries 54.00 387.00 Forest Reserve Fund 2,541.68 2,476.29 Fuel Oil Tax, Counties Fund 1,556,418.56 1,338,868.59 Fuel Oil Tax, General Fund 1,556,418.56 1,338,868.56 Fuel Oil Tax, Highway Fund 2,334,188.64 1,404,347.19 Games 446.00 333.00 Game Protection Fees 4,158.90 3,600.00 Garages 15,610.50 15,291.00 General Tax 5,532,459.98 4,920,744.51 Horticultural Fees 1,240.00 2,502.00 Hotels 9,163.35 8,904.06 Health Commission Fees 30.00 15.00 Ice Cream Dealers, wholesale 1,624.00 1,314.00 Industrial Com'n. Fees 59,927.03 55,041.69 Inheritance Tax 160,770.63 333,099.94 Insolvent General Tax 73,425.06 45,247.02 Insolvent Poll Tax 5,021.15 7,149.31 Insurance Agents 65,937.50 35,496.90 Insurance Fees 66,375.00 64,821.00 Insurance Tax by Companies 759,366.84 705,096.30 Implements Machinery Mfgs. and Agts 440.00 440.00 Interest from Depositors 50,457.44 36,648.16 Interest from Tax Collectors 4,772.11 9,916.86 Junk Dealers 3,325.50 2,853.00 Land Title Registration Fees 640.37 378.81 Laundries 4,991.00 4,882.50 Lenders on Wages 8,207.50 8,550.00 Lighting Plants 182.50 337.50 Lightning Rods _____ 180.00 Live Stock Dealers 2,222.00 2,790.00 Loan Agents _____ 374.48 Lumber Dealers 15,142.50 7,042.00 Manufacturers Soft Drinks 10,481.99 10,407.85 Merchandise Brokers _____ 90.00 Money Refunded 6,122.66 561.24 Monument Dealers 1,249.50 1,170.00 Motor Busses 1,435.50 1,737.00 Motorcycle Dealers 135.00 202.50

Page 1768

Motor Vehicle Fees 3,378,979.41 3,010,881.42 Musical Dealers 6,618.00 7,843.50 Occupation Tax (Capital) 372,924.43 308,852.50 Office Fees 417.50 4,483.52 Oil Fees 803,250.06 687,736.29 Oyster and Skrimp Packers 810.00 945.00 Palmists 1,456.25 1,406.27 Pawnbrokers 10,680.00 9,720.00 Peddlers 4,470.00 5,512.50 Pensions Refunded 36,078.34 15,345.14 Pensions Refunded, C. C. tax _____ 14,490.00 Picture Frame Dealers _____ 31.50 Pistols and Cartridges 14,665.00 14,825.80 Playing Card Dealers 3,983.00 3,924.00 Poll Tax 308,493.33 325,209.41 Pressing Clubs 2,211.50 2,376.00 Pub. Service Com'n. Fees 41,889.89 48,721.39 Pumping Systems 50.00 45.00 Penalties, Delinquent Tax 28,654.02 47,657.97 Railroad News Companies 1,400.00 1,350.00 Railrod Tax 639,065.58 604,998.04 Real Estate Agents 14,954.00 10,408.50 Rental Mansion Site 20,000.00 20,000.16 Rental Public Property, Chattanooga 8,340.00 7,645.00 Rental W. A. Railroad 540,000.00 540,000.00 Rinks 247.50 342.00 Salary Fuel Oil Tax Clerk 4,200.00 1,490.32 Safes and Vaults 200.00 360.00 Sale of Journals 35.75 _____ Sale of Tax Digests _____ 20.00 Sale of Public Property 828.66 107.65 Sale of Acts 951.00 733.01 Sale of Codes 412.11 349.30 Sale of Court of Appeals Reports 783.35 976.50 Sale of W. A. Rental Warrants 3,169,395.00 _____ Sale of Refundung Bonds 228,635.16 _____ Sale of Supreme Court Reports 1,627.00 1,277.05 Sleight of Hand 67.50 22.50 Sanitariums 1,947.50 1,980.00 Sewing Machine Agents 1,770.00 1,520.00 Sewing Machine Companies 400.00 400.00 Show Tax 12,518.90 11,333.61 Sleeping Car Companies 8,034.68 7,091.23 Slot Machines 1,912.15 1,672.20 Soda Fount Tax 5,237.30 5,628.60 Specialists 45.00 90.00 Steamboat Companies 18,323.98 18,345.19 Street Railroad Tax 124,590.02 104,094.81 Swimming Pools 1,007.50 1,293.30 Teachers' Agencies 120.00 180.00

Page 1769

Telegraph Companies Tax 15,669.71 14,653.04 Telephone Companies Tax 71,696.92 67,648.93 Temporary Loan _____ 300,000.00 Trading Stamps 50.00 45.00 Traders 47.50 22.50 Trucks (G. O.) 11,133.90 8,649.00 Typewriter Agents 2,330.00 2,497.50 Toll Bridges 270.00 _____ Undertakers 12,989.50 12,467.00 Used Car Dealers 837.50 630.00 Vital Statistic Fees 362.57 196.02 Warehouses 3,572.00 3,712.50 Weighing Scales 444.80 428.40 Wiener Stands 3,114.55 3,254.40 Wood Dealers 659 00 _____ Total Receipts During the year $ 23,934,457.51 $ 18,099,924.08 Aggregate, Including Balance $ 26,476,984.27 $ 20,452,130.27

Page 1770

DISBURSEMENTS. Cr. 1926. Cr. 1925. By Academy for Blind $ 52,500.00 $ 43,500.00 Agricultural Schools 206,000.00 195,000.00 Albany Normal School (for Colored) 20,000.00 17,500.00 Back Pensions 2,954,999.34 _____ Board of Health 97,931.00 94,931.00 Board of Public Welfare 33,361.76 20,000.00 Bowdon State N. and I. College 20,000.00 15,000.00 Civil Establishment 429,352.55 429,585.70 Clerk's Cost Supreme Court 1,210.00 1,065.00 Coastal Plains Experiment Station 26,500.00 28,603.94 College for Colored 10,000.00 35,000.00 Contingent Fund 31,229.87 26,956.35 Contingent Fund Commerce and Labor 2,558.75 1,041.25 Contingent Fund Supreme Court 3,026.74 3,568.33 Contingent Fund Court of Appeals 2,664.94 3,605.35 Confederate Cemetery, Marietta 750.00 _____ Death Chair Fund _____ 4,764.95 Department of Agriculture, Laboratory 7,500.00 _____ (a) Statistics 3,000.00 3,278.24 (b) Maintenance 15,077.76 14,922.24 (c) Pure Food and Drugs 11,466.86 10,890.28 (d) Chemist 5,607.83 14,640.37 (e) Contagious Deases 5,416.59 4,549,57 (f) Hog Cholera Serum 9,908.67 10,308.97 (g) Inspectors' Salary and Expense 63,094.32 55,761.82 (h) Tick Eradication 53,437.03 49,702.35 (i) Veterinarian's Expense 1,999.89 2,185.10 Dept. of Agriculture Insectivides 3,012.10 _____ Dept. of Archives and History 7,501.37 4,689.73 Dept. of Commerce and Labor 8,758.06 8,100.00 Dept. of Public Printing 6,300.00 6,300.00 Experiment Station 9,314.59 7,317.37 Fuel Oil Tax, Counties' Fund 1,559,917.47 1,340,554.83 Fuel Oil Tax, Highway Fund 2,328,574.44 1,418,192.52 Game Protection Fund 900.00 3,600.00 Geological Fund 14,215.15 19,625.82 Ga. State Woman's College (Valdosta) 60,000.00 55,000.00 Ga. State College for Women(M'ville.) 222,500.00 247,500.00 Georgia Normal School 40,000.00 _____ Highway Department 3,401,262.89 2,977,988.59 Horticultural Fund 73,000.00 103,000.00 Incidental Expense General Assembly 350.00 150.00 Indexing House and Senate Journal 250.00 300.00 Industrial Com'n. Fund 59,927.03 55,041.69 Inspection of Oils 1,434.44 5,628.80 Insurance, Public Buildings 1,426.47 7,278.78 Insurance Department Fund 9,200.00 9,200.00 Inspection of Fertilizers 87,940.81 76,090.84 Land Script Fund Interest 6,314.14 6,314.14 Legislative Committees (Visiting) 2,399.72 7,872.97 Legislature Pay Roll 125,518.30 146,916.30 Library Commission 10,000.00 6,000.00 Library Fund 5,566.94 5,263.95 Library Fund Reference Bureau 1,234.63 1,941.18 Library Fund Court of Appeals 595.85 820.25 Market Bureau 78,750.00 103,008.80 Military Fund 46,691.55 27,840.34

Page 1771

Department of Audits 38,000.00 18,000.00 Department of Revenue 47,432.48 47,083.60 Forest Reserve Fund 2,541.68 4,549.11 North Georgia A. M. College 40,000.00 27,000.00 Overpayment Taxes Refunded 5,386.80 19,609.09 Pension Fund, Cigar and Cigarette Tax 440.00 416,505.00 Pension Fund, Regular 2,057,765.99 1,168,562.09 Printing Fund, General 41,124.08 39,500.64 Prison Fund 130,734.65 101,847.69 Public Buildings and Grounds 126,566.89 72,216.54 Public Service Com'n. Fund 50,276.06 47,064.61 Publishing Georgia Reports 6,645.88 9,383.53 Public Debt (a) Interest 214,606.25 220,612.50 (b) Sinking Fund 100,000.00 100,000.00 (c) Refunding Bonds 225,000.00 _____ Quarantine Fence Fund 14,596.81 51,516.66 Refund, W. A. Rental Warrants 540,000.00 540,000.00 Reward Fund 3,000.00 3,350.00 Roster Fund 3,851.59 3,965.70 Salary, Fuel Oil Tax Clerk 4,200.00 440.32 School of AgricultureMechanical Arts 5,000.00 5,000.00 School for the Deaf 81,491.58 75,000.00 School Fund 5,293,458.94 4,644,435.64 School for Mental Defectives 35,000.00 25,000.00 School of Technology 187,500.00 157,500.00 Service Bureau 9,443.93 3,848.78 Soldiers' Home 48,333.37 40,000.00 Solicitors Generals' Fees 7,080.00 7,310.00 State Medical College 69,500.00 69,500.00 State Normal School 110,000.00 88,000.00 State Sanitarium 1,200,000.00 1,149,644.87 State University, Support Fund and Interest 153,000.00 144,000.00 State Univ. for Agri. College 147,250.00 144,750.00 State Univ. for Smith-Lever 127,999.96 128,000.03 State Univ. for Summer School 10,000.00 6,000.00 Temporary Loan Refunded _____ 305,512.50 Training School for Boys 40,750.00 27,000.00 Training School for Girls 40,150.00 49,500.00 Tuberculosis Sanitarium 387,372.46 147,690.87 Vocational Education 56,969.39 37,159.14 Vocational Rehabilitation 16,655.08 10,640.64 Refund Mansion Purchase Warrants 22,945.76 _____ Soldiers' Home, Weekly Allowance to Inmates 4,586.00 4,920.00 Sou. A. M. College 40,000.00 _____ State Forestry Fund 13,402.42 825.00 Supplies, Repairs and Rep. General Assembly 1,810.34 4,682.70 W. A. Commission Fund 3,677.60 4,578.55 State University, Board of Visitors 156.32 _____ Total Disbursements during the year $ 23,927,224.16 $ 17,909,603.51 Jan. 1 to Balance in the State Treasury 2,549,760.11 2,542,526.76 Aggregate, including Balance $ 26,476,984.27 $ 20,452,130.27

Page 1773

SUPREME COURT OF GEORGIA HON. RICHARD B. RUSSELL Chief Justice HON. MARCUS W. BECK Presiding Justice HON. SAMUEL C. ATKINSON Associate Justice HON. HIRAM WARNER HILL Associate Justice HON. STIRLING 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 WALTER IZARD HEYWARD Sheriff COURT OF APPEALS OF GEORGIA HON. NASH R. BROYLES Chief Judge HON. W. F. JENKINS Presiding Judge HON. ROSCOE LUKE Judge HON. O. H. B. BLOODWORTH Judge HON. ALEXANDER W. STEPHENS Judge HON. R. C. BELL Judge GEORGE W. STEVENS Reporter JOHN M. GRAHAM Assistant Reporter LOGAN BLECKLEY Clerk W. E. TALLEY Deputy Clerk P. W. DERRICK Sheriff

Page 1774

SUPERIOR COURT CALENDAR FOR 1927-1928 ALAPAHA CIRCUIT. HON. JONATHAN 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 Mondays 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. DoughertyThird Mondays in March and September. GradyFirst Mondays in March and September. MitchellSecond Mondays in April and October. ATLANTA CIRCUIT. HONS. JOHN D. HUMPHRIES, E. D. THOMAS, G. H. HOWARD, E. E. POMEROY, VIRLYN B. MOORE, Judges, Atlanta. JOHN A. BOYKIN, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. J. SAXTON DANIEL, Judge, Claxton. J. T. GRICE, Solicitor-General, Glennville. BryanFirst Mondays in May and November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Monday in May, and first Monday in December. TattnallThird Mondays in April and October.

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AUGUSTA CIRCUIT. HON. A. L. FRANKLIN, Judge, Augusta. GEORGE HAINS, Solicitor-General, Augusta. BurkeSecond Mondays in May and November. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September, and November. BLUE RIDGE CIRCUIT. HON. JOHN S. WOOD, Judge, Canton. GEORGE D. ANDERSON, Solicitor-General, Marietta. 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. ForsythFourth Mondays in March, August, and November. 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. H. THOMAS, Judge, Jessup. 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 DavisFirst Mondays in March, June, September, and December. WayneThird and fourth Tuesdays 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.

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CHEROKEE CIRCUIT. HON. C. C. PITTMAN, Judge, Cartersville. JOHN C. MITCHELL, Solicitor-General, Dalton. 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 Monday following, in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. Wilcox COWETA CIRCUIT. HON. C. E. ROOP, Judge, Carrollton. W. Y. ATKINSON, Solicitor-General, Newman. 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. 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 1777

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. FRANK B. 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, June, September, and December. MonroeThird and fourth Mondays in February, May, and November, and first and second Mondays in August. GRIFFIN CIRCUIT. HON. WILLIAM E. H. SEARCY, Jr., Judge, Griffin. E. M. OWEN, Solicitor-General, Griffin. FayetteFirst and second Mondays in March, August and December. PikeFourth Monday in January, first Monday in February, and first and second Mondays in July and November. SpaldingSecond and third Mondays in January, third and fourth Mondays in June and October. UpsonSecond and third Mondays in February, third and fourth Mondays in July and November. MACON CIRCUIT. HONS. HENRY A. MATHEWS, Fort Valley, MALCOLM D. JONES, Macon, Judges. CHARLES H. GARRETT, Solicitor-General, Macon. BibbFirst Mondays in February and November, and third Mondays in April and July. CrawfordThird Mondays in March and October. HoustonThird Mondays in February, May, August, and November. PeachFirst Mondays in March and September. MIDDLE CIRCUIT. HON. R. N. HARDEMAN, Judge, Louisville. A. S. BRADLEY, 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 1778

NORTHEASTERN CIRCUIT. HON. I. H. SUTTON, Judge, Clarksville. ROBERT McMILLAN, Solicitor-General, Clarkesville. DawsonThird Monday in March, and first Monday in August. HabershamFirst Mondays in March and June, second Monday in August, and fourth Monday in November. HallThird Monday in January, first Monday in May, third Monday in July and first Monday in November. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and June, and third Monday in November. 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. JOSEPH 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 1779

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 and third Mondays in March and September, and second Monday in December. Telfair4th Mondays in April and October. TreutlenFourth Mondays in February and June, and third and fourth Mondays in October. WheelerFourth Mondays in March and September, and the Monday following each. 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 May and November. 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. BanksThird Mondays in March and September. BarrowThird Mondays in January, April, July, and October. GwinnettFirst Mondays in March, June, September, and December. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. JAMES MADDOX, Judge, Rome. JAMES 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 1780

SOUTHERN CIRCUIT. HON. WILLIAM E. THOMAS, Judge, Valdosta. CLIFFORD E. HAY, Solicitor-General, Thomasville. BrooksFirst Mondays in May and November. ColquittThird Mondays in January and July, and first Monday in April and October. EcholsSecond 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, Decatur. 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. PRICE EDWARDS, Judge, Buchanan. S. W. RAGSDALE, Solicitor-General, Dallas. DouglasThird Mondays in March and September. HaralsonThird Mondays in January, April, July, and October. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August.

Page 1781

TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. R. S. FOY, Solicitor-General, Sylvester. IrwinSecond Mondays in February, August, and November. TiftFirst Monday in March, third and fourth Mondays in June, third Monday in September, and first and second Mondays in December. TurnerSecond and third Mondays in January and July, and third Mondays in April and October. WorthFourth Mondays in January, April, July and October. TOOMBS CIRCUIT. HON. C. J. PERRYMAN, Judge, Lincolnton. MARION L. FELTS, Solicitor-General, Warrenton. GlascockThird Mondays in February, May, August, and November. LincolnFourth Mondays in January, April, July, and October. McDuffieFirst Mondays in March, June, September, and December. 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. HARRY D. REED, Judge, Waycross. A. B. SPENCE, Solicitor-General, Waycross. BaconSecond Mondays in February and August, and third Mondays in May and November. BrantleyFirst Monday in June, and fourth Monday in November. CharltonFirst Mondays in March and October. CoffeeSecond and third Mondays in March and October. PierceSecond Mondays in April and November. WareFirst and second Mondays in May and December. WESTERN CIRCUIT. HON. BLANTON FORTSON, Judge, Athens. HENRY H. WEST, Solicitor-General, ClarkeFirst Mondays in January, April, July and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August, and November.

Page 1783

INDEX A ACADEMY FOR THE BLIND Appropriation for 33 ACTS, TABLES OF See Resolutions. Appropriation acts 7 Cities and towns (local acts) 751 Code amendments 130 Constitutional amendments 109 Corporationsprivate 1740 Counties and county matters 475 Courts, City and Municipal 377 Courts, Superior 175 EducationSchools 148 Miscellaneous general laws 190 Municipal corporations 751 Solicitors-General 739 Taxation 56 ACWORTH Registration of voters 756 Sewer bonds 754 ADAMS, C. H. Relief of, as surety 1752 ADMINISTRATION See Inheritance Tax. Non-resident's estate, tax on transfer of 101 ADOPTION OF CHILDREN Amendment of law as to (C. C. 3016) 142 Applicant's age, etc. 143 Child-placing agency, child in custody of 143 Consent of child 143 Copy of decree to be filed with registrar of vital statistics 144 Notice to kin, etc. 143 Petition, what required 143 Second hearing 144 Six-months custody before final order 143 Temporary custody 143 ADVERTISING SIGNS Regulation of, in Chatham County 528 AFFIDAVIT OF ILLEGALITY Railroad officer who may make, as to tax 136 AGRICULTURAL COLLEGES See Appropriations; Colleges.

Page 1784

AGRICULTURAL SCHOOLS See District Agricultural Schools. AGRICULTURE, DEPARTMENT OF Apples and peaches, grading, marking, inspection, etc. 191 Appropriations for 11 Bond of commissioner 206 Commissioner's term of office 207 Inspection of peaches and apples 191 Peaches, grading, inspection, etc. 191 AIKEN, J. V. Relief of, as surety 1753 ALAPAHA CIRCUIT See Superior Court Calendar p. 1774 . ALBANY See City Courts. Zoning laws; amendment of constitution to authorize 127 ALBANY CIRCUIT See Superior Court Calendar, p. 1774 . ALMA See City Courts. Election managers 769 Paving 770 School-tax 769 Voter's qualifications 769 AMENDMENTS OF CONSTITUTION See Constitution. AMERICAN LEGION Incorporation of post of 1741 AMERICUS Police; board abolished; supervision by mayor, etc. 773 Street-paving assessments 775 ANALYSIS OF OIL See Petrolem Products. ANIMALS See Local Acts. Appropriation for eradication of tuberculosis 351 Branding of tubercular animal 350 Slaughter of, for disease; indemnity 350 Tuberculosis in; eradication; penalty 348-51 Value of, how determined, under tuberculosis Act 350 APOTHECARY See Pharmacy Board. Defined 297 License, registration, etc. 291 APPLES See Peaches and Apples. APPROPRIATIONS Acts and resolutions tabulated 7 Agricultural colleges and schools 29 et seq, 53 Agricultural department 11 Amount, limit of, for departments collecting fees, etc. 36

Page 1785

Archives and history, department of 14 Attorney-general, assistant, etc. 14 Audit by comptroller-general 46 Audits and accounts, department of 14 Automobile-tag enforcement 26 Banking department 36 Blind, academy of 33 Boards, limitation of funds for 36 Boards to be supported by fees 36-8 Bond commissioner 27 Buildings and grounds 25 Bureau of markets 13 Capitol and Mansion, maintenance of 25 , 1745 Chemist 11 , 12 Cigar and cigarette stamp branch of revenue department 28 Colleges 28 , 47 , 50 , 51 et seq. Colquitt county, reimbursement of 12 Commerce and labor, department of 14 Commissions supported by special funds; limitation 36 Comptroller-general, etc. 15 Comptroller-general's tax clerk 39 Contingent fund 8 , 46 Corporation commissioner, etc. 38 Corrective institutions 33 Court of Appeals 40 Deaf, school for 33 , 49 Departments, limitation of funds for 36 Departments supported by fees 36 et seq. Education, department of 16 Educational institutions 28 Educational and corrective institutions 33 Eleemosynary institutions 33 , 34 Entomology, etc. 19 Examining boards 37-8 Executive department 8 Executive mansion, etc. 25 , 1745 Experimental stations 35 Fire inspector 37 Geological department 18 Governor's office 8 Health, board of 18 Highway department 36 Horticulture, pomology, entomology 19 House of representatives 43 Incidental expenses 46 Indian Springs property 19 Insane 34 , 38 Insurance department 15 , 39 Insurance of public property 9

Page 1786

Judicial department 39 Legislative department 42 Liberty county, reimbursement of 13 Library commission 21 Library, reference bureau 19 Limitation of funds for certain departments 36 Linotype for School for Deaf 49 Maintenance appropriations include what 46 Medical college at Augusta 31 , 54 Military department 21 Normal schools 31-2 , 51 North Georgia Agricultural College 47 Oil inspection under comptroller-general 15 Pension commission 22 Pomology 19 Printing, department of 24 Printing fund 9 , 46 Printing Supreme Court and Court of Appeals Reports 20 Prison commission, prison farm 24 Public debt 27 Public-service commission 37 Public-service corporation clerk 16 Public welfare 25 Pure food and drug act, execution of 11 Quarantine against cattle-fever tick 13 Reference bureau 19 Reports of departments, etc. 9 , 46 Reports of Supreme Court and Court of Appeals 20 Revenue, department of 26 Reward fund 9 , 47 Sanitarium at Milledgeville 34 , 48 Sanitarium for Tuberculosis Patients 18 Secretary of State, etc. 26 Securities commission 37 Senate 42 , 44 Sinking fund 27 Statesboro, normal school at 51 Superior courts 41 Supreme Court 39 Tax clerk 39 Tax commissioner 27 Technology, school of 28 , 50 Training school for mental defectives 19 Treasury, sinking fund, public debt 27 University of Georgia 28 , 47 , 51-5 Venereal diseases, work in connection with 18 Veterinarian 12 , 13 Veterans' Service Office 28 Vocational education, board of 17

Page 1787

Wild-land clerk 16 Woman's college at Valdosta 31 , 52 Women's college at Milledgeville 31 ARABI Clerk and marshal, eligibility 779 Election of officers, etc. 778 Salaries 779 ARCHIVES AND HISTORY Appropriation for department of 14 ASIATIC INDIANS See Race Registration and Intermarriage. ASSISTANT BOND COMMISSIONER Salary 131 ATHENS Zoning laws; amendment of constitution to authorize 127 ATKINSON COUNTY Commissioners, repeal of act creating board of 476 Commissioner, act creating 477 ATLANTA See Atlanta Circuit; City Courts; Criminal Court of Atlanta; Municipal Court of Atlanta. Airplane landing fields, power to purchase, etc. 780-2 Amounts increased in sections 40, 291, 326 of City Code (not set out) 780 Annual budget of board of education 784 Appropriations for planning commission 789 Authority to acquire or lease land 785 Board of education administration of funds 784 Board of education budget 784-5 Board of education; ex-officio members 783 Board of education; individual liability of members 784 Board of education; referendum on amendments as to 785 Building plans, approval of 788 Chief of sanitary department, term of 786 Code sections (City Code) amended: 40 , 229 , 286 , 291 , 326 , 373 , 377 , 780 et seq. Corporate limits extended 793 , 799 , 800 Elections, nominations in 245 Land, authority to acquire or lease 785 Landing fields for airplanes 780-2 Nominations in primary elections, amendment as to 245 Park committee; powers, etc. 782 Parks; general manager; sale or lease prohibited; useless equipment 782-3 Planning and zoning; planning commission 786 Property exchange 783 Referendum as to board of education amendments 785

Page 1788

Residence sections, classification and regulation of 790-1 Sanitary department, increase of term of chief 786 School-committee chairman on board of education 783 School of Technology, contributions for 786 School systems, law as to merger of, not to include 160 Sidewalks to be laid only by city 785-6 Tax-assessors, four-year terms for 780 Territory added to 793 , 799 , 800 Veto of school budget 784-5 Water services, charges for 782 Zoning and planning Act, when effective 786 , 792 Zoning board appeals 792 Zoning laws; amendment of constitution to authorize 127 , 792 ATLANTIC CIRCUIT See Superior Court calendar, p. 1774 . Solicitor-general's salary increased 739 ATTORNEY-GENERAL See Appropriations. Impeachment of, under race-registration Act 278 Race registration and marriage law; duty to prosecute violators 278 Vital-statistics law; duty to assist in enforcing 370 AUBURN County name changed in charter 804 Repeal of charter; referendum 802 Work-gang; punishment; expense of keeping prisoners 804-5 AUDITOR'S DEPARTMENT Appropriation for 14 AUGUSTA Building laws 810 Planning and zoning commission 808 Presbyterian Church (First), repeal of Act as to 1740 Registration of voters 806 Zoning laws; amendment of constitution to authorize 127 Zoning laws; when effective 808 , 812 AUGUSTA CIRCUIT See Superior Court Calendar, p. 1774 . AUTOMOBILES See Motor-Vehicles; Taxes. AVIATION See Redfern Flight; and See Local Acts. AVONDALE ESTATES, CITY OF Act incorporating 813 Advertisement for public work 853 Assessments 818 , 839 Auditor, recorder as 835 Authority, general 815 Beer selling, beer gardens, license tax for 843 Board of mayor and commissioners 823

Page 1789

Bonds 844 Budget and appropriations 847 Building regulations 820 City attorney 834 City court 831-4 City manager 829 City manager as recorder 838 Commissioners 824 Commissioners, election of 854 Contracts 815 , 837 , 853 Corporate limits 813 Departments 848 Education, board of 850 Elections 821 , 823 , 854 Finance department; recorder head of system of accounts 835 Fire department 850 Franchises 816 License taxes 843 Liquor license 843 Mayor, election, term, powers, duties 823 , 828 Officers and employees 828 Officer's private interest in contract 853 Ordinances 827 Paving 818 Penalty limit 820 Police 849 Powers 815 Public utilities 816-17 Recorder 834 , 838 Referendum as to charter 854 Schools 820 Sinking fund 846 Street improvements 818 Streets, powers as to 817-18 Taxes and assessments 839 , 843 Treasurer 836 Void part of charter, not invalidate the rest 854 Workhouse or farm colony 820 B BACON COUNTY Commissioner, repeal of Act creating office 487 Commissioner, Act creating board 488 Tax-commissioner, Act creating office; referendum 494 BAILIFFS Pay of, in counties of 200,000 or more people 135 , 193-4 Subpoena clerk, pay of bailiff as 193

Page 1790

BAINBRIDGE See City Courts. Acts as to 855 , 856 , 874 , 875 Attorney 870 Bonds of officers 871 City manager 861 , 865 Clerk and treasurer, combination of offices 855 , 870 Commissioners, board of, in lieu of mayor and aldermen 856 Commissioners, responsibilities of 865 Contracts, when invalid 866-7 Departments 863 Election of commissioners 873 Franchises 868 Funds of city; handling of 870 Marshal 864 Mayor elected by commissioners 859 Offices, combination of 855 , 870 Political activity of officer or employee; penalty for 867 Public utilities 868 Recall of commissioners 871 Referendum 873 School-tax election 874 Street-improvements, act as to 875 Treasurer 870-1 Water department; superintendent 863 BANKS See Banking Law Amendments; State Depositories; Trust Companies. Taxation of 99-100 BANKING-LAW AMENDMENTS Acts to be referred to as The Banking Law 205 Assessments on stockholders 197 Bar of action 198 Bar of claim not filed in time 200 Branch banks; new ones prohibited 195-7 Branch banks, taxation of 196 Capital includes what 197 Capital of bank, minimum 200 Certificate as to taking charge for liquidation 197 Check, order to stop payment, effective 90 days; renewal 204 Checks, when stale; refusal to pay 204 Deposit of decedent 204 Depositors, priority of 199 Directors, qualifications of 200 Garnishment exemption as to decedent's deposit 204 Insurance of deposits, misrepresentation as to 205 Investment securities, limit of 203 Limitation of suit on claim 198 Liquidation, taking charge for 197 Loans, limit of 201

Page 1791

Minimum capital 200 Misrepresentation as to insurance of deposits 205 Objections to claims 199 Priority of claims 199 Purchase of stocks, bonds, etc. 203 Rank of claims 198 , 199 Rejection or change of rank of claim 198 Resumption of business 198 Savings banks excepted, when 203 Shall substituted for may, in Art. 19, Sec. 5 198 Stop-payment order, time limit 204 Suits against Superintendent of Banks; venue; service 206 Taxation of branch banks 196 Title of banking act and amendments 205 Venue of suits; service 206 BARNESVILLE City court abolished 391 Street improvements 888 BAXLEY See City Courts. Street improvements 902 Tax powers 915 BEN HILL COUNTY School funds 497 BERRIEN COUNTY Commissioners, election of, and financial statements by 499 BETHLEHEM Charter of town 916 BILL BOARDS See Chatham County. BIRTHS See Race Registration and Intermarriage; Vital Statistics. BLACKSHEAR See City Courts. Sewerage 921 , 926 Street improvements 921 Water-closets, etc. 928 BLAKELY See City Courts. BLECKLEY COUNTY College in place of 12th Dist. A. M. School 161 BLIND, ACADEMY FOR Appropriation for 33 BLIND PERSONS Exempt from poll tax 57

Page 1792

BLUE RIDGE CIRCUIT See Superior Court Calendar, p. 1775 . BOARD OF EDUCATION See Schools; and see local acts. BOARD OF HEALTH See Appropriations; Vital Statistics. BOND COMMISSIONER Clerical assistance 131 Expenses of 132 Fees, disposition of 132 BOND FOR TITLE Judgment for vendor; jurisdiction to set aside 220 BONDS, COUNTY AND MUNICIPAL Constitutional requirement; amendment to except Columbus 109 Constitutional requirement; amendment to except LaGrange 113 Constitutional requirement; amendment to except Ware County 124 Validation of bonds to pay off or refund issue 134 BOUNDARY See County Line, Change of; and see local acts. BRANCH BANKS See Banking Law Amendments. BRANCH, W. Relief of, as surety 1759 BRANTLEY COUNTY Commissioners; office created; clerk 500 County court, mode of abolishing 397 BRAZIL Invitation to citizens of, to visit Georgia 1751 Message to president of 1751 BROKERS See Real-Estate Brokers; Taxes. BROOKS COUNTY Georgia Reports, etc., to be supplied to officers 1747 BROWN MEMORIAL Time for erecting statues extended 1746 BRUNSWICK See City Courts. Act amending charter, effective when 929 , 933 Building laws 929 City commission; membership and terms 937 Conveyance to board of education 936 Mayor's term 937 Ordinances, power of city commission as to 933 Park and tree commission 933 Planning board 929 Registration 937

Page 1793

Wards 937 Zoning; amendment of constitution to authorize 127 , 929 BRUNSWICK CIRCUIT See Superior Court Calendar, p. 1775 . BRYAN COUNTY Acts relating to 504 , 505 , 510 , 511 , 512 Commissioners, repeal of act creating; and referendum as to new board 504-5 Depository; referendum as to 511 Depository; repealing act 512 Peace officer's pay 510 Treasurer; office created 513 BUCHANAN State depository at 140 BUILDING AND LOAN ASSOCIATIONS Taxation of 58 , 100 BUILDING LAWS See Zoning Laws; and see local acts. BULLOCH COUNTY Tax-collector ex-officio sheriff 137 BUREAU OF MARKETS See Appropriations. BUREAU OF VITAL STATISTICS See Vital Statistics. BURIAL See Vital Statistics. Caskets, record and report of sale of, etc. 360 Permit for, or for removal 356 , 359-61 Requirements as to 356 et seq. BURKE LIGHT INFANTRY Incorporation of 1741 Trustee of Old Church property 1741 BUTTS COUNTY Audit of books and accounts 515-6 Bidding on supplies; repeal of law as to 516 Commissioners; qualifications, election, pay, etc. 513 Georgia Reports, etc., to be supplied to officers 1748 Treasurer's salary and bond 518 C CAIRO Corporate limits 939 Sidewalk paving 940 CAMDEN COUNTY Commissioners; number, districts, election, etc. 519 CANTON Authority to furnish water, electricity and gas out of town 941

Page 1794

CARROLL COUNTY Commissioner's salary 520 CASKETS See Burial. CATFISH See McIntosh County. CATTLE See State Veterinarian. CEMETERIES See Burial; Vital Statistics. CHARLTON COUNTY Commissioners abolished; new board created 529 Road districts 530 CHARTERS See Corporations; Municipal Corporations. CHATHAM COUNTY Advertising signs, bill boards, etc., regulation of 528 Building regulations 522 Clerk's salary 208 Commissioners; power to make building regulations, etc. 522 Debt for temporary loan; amendment of constitution 122 Judge's salary; amendment of constitution as to 111 Ordinary's salary 208 Park and tree commission, board to act as 525 Planning boards 522 , 524 Recorder of Savannah, and clerk, pay of, from county treasury 521 Salaries of officers 208 Sheriff's salary 208 Tax-officers' salaries 208 Zoning 521 CHATTAHOOCHEE CIRCUIT See Court calendar, p. 1775 . Solicitor-general's salary increased 741 CHAUNCEY Franchise grants 942 CHECKS See Banking Law Amendments; State Treasurer. CHEMIST See Appropriations; State Oil Chemist. CHEROKEE CIRCUIT See Superior Court Calendar, p. 1776 . CHEROKEE COUNTY Banks named as depositories 544 Commissioner, duties of 541 Treasurer's office abolished; commissioner substituted 540 CHILD ADOPTION See Adoption of Children. CHINESE See Race Registration.

Page 1795

CITIES AND TOWNS See Bonds; Municipal Corporations, and particular cities. Definition of city in tax law; mile outside included 101 CITY COURTS Acts relating to, tabulated 377 Albany; judge's salary 378 Alma, abolished 378 Atlanta; judges may sit in Criminal Court, when 381 Atlanta; judge's salary increased 380 Bainbridge, accusations, time of filing 391 Barnesville; abolished 391 Baxley; judge's salary increased; qualifications 393 Blackshear; term of court 394 Blakely; foreclosure by clerk 396 Brunswick; salaries of judge, solicitor, clerk, sheriff 398 Decatur; election of judge and solicitor 399 Floyd County; Solicitor; election to abolish court 401 Fort Gaines; election to abolish 403 Jesup; deputy sheriff; disqualification of judge 404 Jonesboro; court established 406 Ludowici; judge's salary increased, if grand jury recommend 422 Macon; judge's salary increased 423 Morgan; sheriff's pay in liquor cases 426 Nashville; fines, etc., custody of; terms; sheriffs costs 428 Pembroke; court created; referendum 429 Polk County; judge's salary, increase of 447 Quitman; judge's salary, increase of 448 Reidsville; fees of clerk and sheriff 449 Sandersville; judge's salary increase; fees 452 Savannah; clerk's salary; attachments; costs 452 Soperton; qualifications, terms, salaries of judge and solicitor; terms of court 464 Swainsboro; salary increases 467 Tifton; court abolished 469 Wrightsville; solicitor's term; traverse jurors 473 CLARKSTON City attorney 944 Recorder 944 Salaries 944 CLIMAX, TOWN OF Registration of voters 945 CLINCH COUNTY Boundary lines 545 CLYDE City Court of Pembroke may sit at 429

Page 1796

COCHRAN Candidates, announcements of 950 Elections 947 Registration of voters 948 CODE AMENDMENTS Adoption of child (C. C. 3016) 142 Amended sections; numbers 130 Bailiff's pay in county of 200,000 people (C. C. 876) 135 , 193-4 Bond Commissioner and Assistant, pay of (C. C. 232-3) 131 Bonds, validation of (C. C. 461) 134 Colored persons defined (C. C. 2177) 272 Election hours in certain towns (C. C. 80) 130 Firing woods (P. C. 227) 144 Jury commissioners' pay in certain counties (P. C. 1138) 146 Married persons as witnesses against each other (P. C. 1037) 145 Marriage licenses (2936) 224 Oil inspection; repeal of 1800-1814 290 Pharmacy board; new board created; repeal of C. C. 1722-31 291 Railroad tax; affidavit of illegality (C. C. 1041) 136 State depositories; Buchanan, Dexter, Glennville (C. C. 1249) 140-2 Tax-collector ex-officio sheriff in some counties (C. C. 1225) 137 , 139 CODE SUPPLEMENTS See Park's Code Supplements. COFFINS Record and report of sale of, etc. 360 COLIGNY BEACH Charter of, as municipality 950 Commissioners 951 Corporate limits 950 Corporate powers 953 Marshal 956 Mayor 952 , 956 Officers 952 Presbyterian Conference Ground Trustees to elect commissioners 952-3 Reversion of property 953 Street improvements 953 Taxes 955 COLLEGE PARK Sewers 962 Sidewalks 957 Tax refund 962 COLLEGES See Appropriations; Schools; State University. Georgia State Teachers' College in place of State Normal School 171 Middle Georgia A. M. Junior College established 161 South Georgia Junior State College established 169

Page 1797

COLORED PERSONS See Race Registration and Intermarriage. Definition of person of Color and white person 272 , 277 COLQUITT, CITY OF Mayor's salary 963 COLQUITT COUNTY Salaries of chairman and clerk of commissioners 547 COLUMBIA COUNTY Board of commissioners created 549 COLUMBUS Bonds; amendment to except from requirement of constitution 109 Street closing sale of land 964 Street-improvement bonds, vote for 109 Zoning laws; amendment of constitution to authorize 127 COMMERCE, CITY OF Act amending charter 966 Bonds for street improvements 972 Registration (permanent) of voters 967 Repeal of Sections 45, 46 of charter 967 Sidewalks 978 Street improvements 972 Ward boundaries (1st and 4th) 971-2 COMMISSION GOVERNMENT See County-Manager Government; and see local acts. COMMISSIONER OF AGRICULTURE See Appropriations; Agriculture, Department of. COMMISSIONER OF COMMERCE AND LABOR Appropriations 14 , 15 Emigrant agents, approval of bond of 72 COMMISSIONERS, COUNTY AND CITY See local acts. COMPETENCY OF WITNESS See Evidence. COMPTROLLER-GENERAL See Appropriations. Amendment of constitution as to duties, salary, help, etc. 121 Inheritance tax payable to 104 Reports to, as to carbonic-acid gas consumed 65 Salary and office expenses; amendment of constitution 121 CONDEMNATION See Highway; Power Plant; and see local acts. CONDITIONAL SALE Judgment for vendor; jurisdiction to set aside 222 CONFEDERATE VETERANS See Appropriations. Exempt from poll tax, when 57

Page 1798

CONFISCATION See Petroleum Products. CONSOLIDATED SCHOOLS See Schools. CONSTABLES Duty to look carefully after collection of taxes 101 CONSTITUTION-AMENDMENTS PROPOSED Atlanta Municipal Court jurisdiction 117 Bonded debt; exception of LaGrange from limit 113 Bonded debt; exception of Ware county from limit 124 Bonds, exception of Columbus from requirement as to 109 Chatham County, power of, as to temporary loans 122 Columbus street improvement bonds 109 Comptroller-General; duties, salary, help, etc. 121 Debt of county; temporary loans; power of three counties 122 Fulton county, power of, as to temporary loans 122 Hospital, increase of bonded debt of county for 124 Judge's salary in Eastern Circuit 111 Justices' courts, abolition of, in certain counties 117 Richmond county, power of, as to temporary loans 122 Secretary of State; duties, salary, help, etc. 121 Treasurer (State); duties, salary, help, etc. 121 Ware county bonded debt increase 124 Zoning laws in certain cities; amendment authorizing 127 CONTINGENT FUND Appropriation for 8 COOK COUNTY County warrants for improvements, payment of 214 CORDELE Tax-assessor, city manager to act as 980 CORDELE CIRCUIT See Superior Court Calendar, p. 1776 . CORNELIA CITY OF Act to establish commission-manager government for 981 Audit 993 City Manager 991 Commissioners 982 Departments of government 1012 Election managers 987 Elections 982 , 989 Mayor 988 Offices abolished 981 Ordinances, posting 993 Police chief 1033 Quarantine 1013 Recall election 989 Recorder 996

Page 1799

Registration (permanent) 987 Referendum 993 , 1013 Removal of commissioner 989 Salaries 991 , 1012 Secretary of commission 989 Street improvements 1001 Tax returns 999 , 1011 Tax sales 997 Wards 982 CORPORATIONS Municipal 751 Private 1740 School districts, etc. 148 COUNTIES AND COUNTY MATTERS Acts tabulated 475 Borrowing by three counties, amendment of constitution as to 122 Warrants to pay for improvements in certain county, how paid 214 COUNTY COURT See Brantley County. COUNTY LINE, CHANGE OF Election to change in town of 400 to 500 population 209 COUNTY-MANAGER GOVERNMENT See local acts. Referendum as to, in county of 44,051 (DeKalb) 211 COUNTY TREASURER See Vital Statistics; and see local acts. COURTS See Municipal Court; Superior Courts; Supreme Court. COURT STENOGRAPHERS See Stenographers. COVINGTON Public utilities, referendum as to sale of 1014 COWETA CIRCUIT See Superior Court Calendar, p. 1776 . CRAWFORD COUNTY Treasurer's office abolished; depository; referendum 553 CREMATION Permit for 356 CRIMINAL COURT OF ATLANTA Additional jurors in 382 City and municipal court judges may set it, when 381 Judge's salary increased 382 CRIMINAL LAW See local acts. Apples, packing, etc., violation of law as to 192 Automobile law, violation of 242-3 Bank officer's misrepresentation as to insurance of deposits 205 Department funds, violation of act as to payment into treasury 313 Distributor of motor-fuel or kerosene; failure to register, etc. 108

Page 1800

Evidence of husband or wife, competency 145 Firing of woods 144 Fruit packing, etc., violation of law as to 192 Marriage law, violation of 277 Married person as witness against spouse 145 Motor-vehicle law, violation of 242-3 Nurse, unlawful assumption of title of 252 , 254 Nursing without certificate 252 , 254 Peaches, packing, etc. 192 Petroleum products law, violation of 288 , 289 Pharmacy law, violation of 299 Punishment for misdemeanor, fixed by jury in certain county, when 317 Race registration law 278 Tax laws, violation of 66 (par. 33), 78 (par. 72), 86 (par. 99), 91, 92 (par. 110, secs. 4, 6, 10, 14) 101 , 108 Trust companies, violation of law as to 348 Tuberculosis in animals, violation of laws as to 351 Vital statistics law, violation of 369 Woods, burning 144 CROSSINGS See Motor-Vehicles; Railroads. D DAHLONEGA School tax increase 1015 DALLAS Franchise contracts, repeal of limit 1016 Street-improvement assessments 1918 DARIEN Zoning laws; amendment of constitution to authorize 127 DAWSON, CITY OF Street improvements 1025 , 1035 DEAD BODIES See Burial; Cremation; Vital Statistics. DEAF, STATE SCHOOL FOR See Appropriations. DECATUR See City Courts. Corporate limits extended 1044 Zoning laws; amendment of constitution as to 127 DEER KILLING Unlawful in Habersham and Rabun counties 613 DeKALB COUNTY See Municipal Court of Atlanta. Commissioner and clerk, salaries of 555 County-manager government, referendum as to 211 Tax-collector ex-officio sheriff in 139 Tax-commissioner in lieu of collector and receiver 561

Page 1801

DENTAL NURSES See Nurses. DEPARTMENT FUNDS Penalty for violating act as to payment to treasury, etc. 313 State treasury to receive and pay out; exceptions 311 DEPOSITORIES See State Depositories; and see local acts. DEXTER State depository in 141 DISMUKE, J. D. Relief of, as surety 1754 DISTRIBUTOR See Motor-Fuel Distributors. Definition of 105 DISTRICT AGRICULTURAL AND MECHANICAL SCHOOLS Appropriations for 30 Colleges in place of 11th and 12th district schools 161 , 169 DOGS See Taxes. Mitchell county law as to, repealed 636 DONALDSONVILLE Street improvements 1048 DOUGHERTY COUNTY Commissioners' salaries increased 563 DOUGLAS, CITY OF College at, in place of 11th Dist. A. M. School 169 School tax 1075 Street improvements 1061 DRUGS See Taxes Compounding or selling, limited to whom 294 , 296 Merchant's sale of, when lawful 296 Poison, sale of 296 Tuberculin, restriction of use or sale of 351 DUBLIN Bond commission, payments by 1077 Light and water commission, substitute for 1076 Repeal of Sec. 10 of Act of 1919 1076 Sinking fund 1077 Zoning laws; amendment of constitution to authorize 127 DUBLIN CIRCUIT See Superior Court Calendar, p. 1776 . DURHAM, A. H. Relief of, as surety 1756 E EARLY COUNTY Commissioners; new board; districts 564 Tax-commissioner in lieu of collector and receiver 566

Page 1802

EAST LAKE, TOWN OF Act repealing charter, effective when 1079 EAST POINT, TOWN OF Amendments of charter 1079 , 1087 Assessors, pay of 1085 Board of education 1084 Council meeting, time of 1082 Elections 982 Fire department, civil service plan; referendum 1081 Fiscal year 1086 Mayor and aldermen, time of taking oath 1081 Recorder 1083 Referendum as to act 1086 EAST THOMASTON Corporate limits extended 1089 EASTERN CIRCUIT Court calendar 1777 Judge's salary 111 Solicitor-general's salary, fees, etc. 741 EASTMAN, CITY OF Acts amending charter 1091 , 1095 Cleaning and draining lots, execution for cost 1094 Paving assessments 1092 Street improvements 1092 , 1095 EDUCATION See Appropriations; Colleges; Schools; State University; and see local acts. ELBERT COUNTY Commissioner's term of office 569 , 571 ELBERTON Acts amending charter 1106 , 1107 , 1108 Public-school fund, payment of city's share of 1107 , 1108 Wards; referendum 1106 ELECTIONS See local acts. Hours for, in certain prencincts of county of from 14,501 to 14,505 population 130 Nominations in primary elections, amendment as to 245 ELECTRICITY See local acts. Condemnation of highway for plant generating 370 ELLIJAY, CITY OF Act amending charter 1110 Election of mayor, etc. 1111 Franchises 1113 Mayor's authority and salary 1112 Registration; permanent qualification book 1115

Page 1803

Repeal of section 5, 15, 27, 36, and sub-sections 6 and 8 of section 14 1111 Sidewalks 1113 Street-paving assessments 1114 Taxes 1114 ELLIOTT, J. A. Relief of, as surety 1753 EMANUEL COUNTY Depository 574 Treasurer, referendum to abolish office of 574 EMERSON, CITY OF Election of mayor and four aldermen 1120 EMIGRANT AGENTS Taxation of 72 ENTOMOLOGY, DEPARTMENT OF Appropriation for 19 ESTATE TAX See Taxes. EVANS COUNTY Commissioners, amendments as to 576 Road-tax law 578 Salaries of commissioners and clerk 577 EVIDENCE Married persons as witnesses against each other 145 EXECUTIVE DEPARTMENT See Appropriations. EXEMPTION FROM GARNISHMENT See Garnishment. EXPERIMENTAL STATIONS Appropriations for 35 F FAIRFAX, TOWN OF Charter repeal; referendum 1121 School system abolished 1123 FAIRMOUNT, CITY OF Act creating new charter; referendum 1125 , 1157 Animals at large 1143 Appeal to board of aldermen 1145 Attorney for city 1138 Board of health 1141 Bond issues 1151 Building regulations 1140 , 1155 Building to be used by city and county 1148 Certiorari 1146

Page 1804

Claim cases 1144 Clerk and treasurer 1137-8 Condemnation of property 1140 Corporate limits 1128 Corporate name 1127 Elections 1128 Eligibility for office 1135 Encroachments 1144 Fire department 1139 Franchises 1144 Graft 1139 Health regulations 1143 Licenses 1144 Malpractice in office 1136 Marshal 1136-7 Mayor and aldermen; election, powers 1127-8 , 1132 , 1141 , 1146 Mayor's court 1145-7 Mayor's duties and powers 1135 , 1145 Meetings of mayor and aldermen 1156 Nuisance 1139-40 Oath of mayor, etc. 1131 Oath of voter 1133 Park commission 1148 Paving 1152-5 Police 1132 , 1136 Police powers 1141 Powers 1127-8 , 1132 , 1141 , 1146 Punishments 1155 Referendum 1157 Registration of voters 1133-5 Removal from office 1131 Salaries of mayor and aldermen 1156 Salaries of other officers 1138 Sales under executions 1143 Sidewalks 1154 Sinking fund 1152 Speed of trains 1151 Street closing 1144 Street improvements 1152 Street obstructions 1139 Street work; commutation tax 1147 Street and road work, co-operation of city and county in 1147 Tax assessments 1150 Tax returns 1150 Tax to pay bonds 1151 Taxes 1148 FAYETTEVILLE Treasurer's bond 1157

Page 1805

FEDERAL JURISDICTION See United States. FEMALES See Poll Tax. FENCE OR STOCK LAW Exemption of certain mountain districts from 217 FICKLEN, TOWN OF Charter repealed 1158 FIRE INSPECTOR Appropriation for 37 FIRING WOODS Time for 144 FISH See McIntosh County. Wayne County. Closed season in county of 22,602 population 311 Savannah river; fish gates required in dams; repealed laws as to 313 FITZGERALD, CITY OF Acts amending charter 1159 , 1162 , 1154 Firemen and policemen, removal of 1162-3 Printing, public gazette 1164 Repeal of sections 2 to 15 (inclusive) of Act of 1825 1160 School tax 1160-1 FLINT CIRCUIT See Superior Court Calendar, p. 1777 . FLOYD COUNTY See City Courts. Commissioner; referendum as to creation of office 580 FORECLOSURE See Mortgage Foreclosure. FOREST FIRES Time for firing woods 144 FOREST RESERVES See National Forest Reserves. FORESTRY See State Board of Forestry. FORT GAINES See City Courts. FORT VALLEY Street improvements 1165 FRUIT See Peaches and Apples. FULTON COUNTY Bailiff's pay 135 , 193 , 194 Board of education salaries 156 Building, regulation of 591 Clerk of board of commissioners, salary of 589 Court stenographers; salary limit, $4,200 216 Debt for temporary loan; amendment of constitution 122 Jury commissioners and clerks, pay of 222

Page 1806

Parks; power to establish and maintain; referendum 590 Plans for sewers, etc., approval of 319 Plats, recording of 318 School systems, merger of 160 Sewers and disposal plants in 318 Tax-collector ex-officio sheriff 139 Zoning outside city or town 591 G GAME AND FISH See Deer Killing; Fish. GAMES See Taxes. GARNISHMENT Exemption of bank deposit of decedent 204 GASOLINE See Petroleum Products; Taxes. GENERAL ASSEMBLY Appropriations for pay of officers, members, etc. 42 et seq. Audit of payments 46 Expenses 44 Unfinished business, resolution as to 1762 GENERAL LAWS 7-374 GEOLOGICAL DEPARTMENT Appropriation for 18 GEORGIA REPORTS Appropriation for 20 Replaced for county officers 1747-8 GEORGIA STATE TEACHERS COLLEGE Appropriation for 31 Obligation of students to teach, stricken 172 State Normal School changed to 171 GLASCOCK COUNTY Commissioners; referendum as to repeal of act creating board 593 Commissioner; office created, etc. 595 Road tax 600 , 601 GLENNVILLE Election hours 130 Sale of public utilities; referendum 1178 State depository in 142 GLYNN COUNTY Building regulations, etc., power of commission as to 602 Eminent domain, power, as to land for parks 610 Engineer or expert, employment of 605 Marsh lands granted to 609 Parks 606 , 607 , 610 Planning board 603 , 605 et seq. Streets, opening 606 Zoning 603

Page 1807

GORDON, CITY OF Tax-assessors; appointment of 1180 GORDON HOME Committee as to securing home as memorial 1748 GOVERNOR Appropriations for executive department 8 Expenses of travel, automobile, entertaining 8 , 9 Reports to 9 , 10 Secretaries, etc. 8 GRADE-CROSSINGS See Railroads. GRADY COUNTY Board of Commissioners 610 GUARDIAN Ordinary to act as, when 256 GREENVILLE Street improvements 1181 GRIFFIN CIRCUIT See Superior Court Calendar, p. 1777 . H HABERSHAM COUNTY Deer hunting or killing prohibited 613 HALL COUNTY Commissioners, county supervisor; election, salaries, etc. 613 HEALTH See Appropriations; Tuberculosis; Vital Statistics; and see local acts. HEARD COUNTY High-school debt, payment of 159 HIGHWAY DEPARTMENT See Appropriations. Grade-crossings, authority to eliminate 299 HIGHWAYS Definition of public highway 374 Condemnation of, for plant generating electricity 370 HOLLY SPRINGS, TOWN OF Tax rate 1214 HOMERVILLE Street improvements 1215 HORTICULTURE Appropriation for 19 HOSPITALS See Local acts. Taxation of 85 HUFF, FANNIE Relief of, as surety 1756 HUNTING See Deer Killing.

Page 1808

I IMPEACHMENT OF ATTORNEY-GENERAL State Registrar of Vital Statistics to institute proceedings for, when 278 INCORPORATION See Corporations. INDIAN SPRING Appropriation for 19 State Park at 1749 INHERITANCE TAX Amendment as to 103 Change of return after Federal tax changed 103 Ordinary's fee 104 Payable to comptroller-general 104 INSANE Appropriations for State Sanitarium 34 , 38 INSANE PERSONS Ordinary to be guardian for, as insurance money, when 256 INSPECTION Peaches and apples, inspection of 191 INSPECTORS See Petroleum Products. INSURANCE See Life Insurance; Taxes. Ordinary to be guardian of insane, etc., as to, when 256 INSURANCE DEPARTMENT Appropriations for 15 , 39 INSURANCE OF STATE PROPERTY Appropriation for 9 INTOXICATING LIQUOR See Liquor. J JAPANESE See Race Registration and Intermarriage. JEFF DAVIS COUNTY Tax-collector to be ex-officio sheriff in 335 JEFFERSON COUNTY Fishing; closed season 310 Treasurer; office created, etc. 616 JESUP See City Courts. Street improvements 1228 JEWELER'S LIEN FOR REPAIR Sale to enforce; notice; application of proceeds, etc. 218 JOHN B. GORDON MEMORIAL See Gordon Home. JOSEPH E. BROWN STATUE Extension of time for erecting 1746

Page 1809

JONESBORO See City Courts. JUDGMENTS Jurisdiction to set aside 220 JUDICIAL CIRCUITS See Solicitors-General; Superior Courts; and see Superior Court Calendar, p. 1774 . JUDICIAL DEPARTMENT Appropriations for 39 JURY COMMISSIONERS AND CLERKS Pay of, in certain counties 146 , 222 JUSTICES' COURTS Abolition of; amendment of constitution as to 117 K KENNEDY, J. I. Relief of, as surety 1759 KEROSENE See Kerosene Distributors; Petroleum Products. KEROSENE DISTRIBUTORS Bond of 108 Definition of kerosene, distributor 105 Registration, reports 107 Tax on 105 KINCAID, F. M., JR. Relief of, as surety 1757 KINGSLAND Charter; referendum 1241 L La FAYETTE Charter amendments 1276 LaGRANGE Bonded debt for waterworks; amendment of constitution as to 113 Zoning laws; amendment of constitution to authorize 127 LAMAR COUNTY Attorney for board 620 Board of Advisors in charge of roads and revenues created 617 LAURENS COUNTY Bond commission to be succeeded by ordinary, when 622 LEESBURG Taxes, due-date of 1278 LEGISLATIVE AGENTS See Taxes. LEGISLATIVE EXPENSES See General Assembly.

Page 1810

LENOX Elections, time of 1279 Tax limit increased 1280 LEWIS, ROBERT L. Relief of, as surety 1759 LIBRARY See State Library; State Library Commission. LIENS See Jeweler's Lien; and see local acts. LIFE INSURANCE See Insurance. Applications; representations not invalidating 223 Representations not warranties 223 LIFE STATISTICS See Vital Statistics. LIMITATION OF ACTION See Banking Law Amendments. LIQUOR License for sale of, in City of Avondale Estates 843 LITHONIA Tax to rebuild burned school building 1281 LOANS BY BANKS See Banking Law Amendments. LOANS TO COUNTIES See ConstitutionAmendments Proposed. LOBBYISTS See Taxes. LOCAL AND SPECIAL LAWS 377 LUDOWICI See City Courts. LUMBER CITY Franchise grants 1283 LUMBER DEALERS Taxation of 76 M MACON See City Courts; Municipal Court of Macon. Accounts; audit 1349 Acts of 1920, 1925, repealed; Acts of 1914, 1924, repealed in parts 1356 Advertising 1355 Aldermen; salaries 1307 Appropriation, liability for expending more than 1307 Appropriations for health work 1352 Assessments for street improvements 1326 Auditorium commission 1353 Boards and commissions, removal or suspension of member 1398 Bond issue, election as to 1304-5 Bridges 1330 , 1335 Building inspector 1310 Building regulations 1311 Buildings, removal of 1310 , 1325

Page 1811

Cemetery reserve 1356 Charter; acts consolidated and amended 1283 City reserve, lease or sale of 1335 Civil service rules 1317-18 , 1322 Clerk of council 1309 Committees, standing 1302 Condemnation of land 1346 Conveyances of land authorized 1357 , 1359 Corporate limits 1284-90 Depositories 1349 Election of mayor, etc. 1298 Election to extend city limits 1290 Elections by council 1303 , 1309 Encroachments 1334 Fire department 1316 , 1319 Health appropriations 1352 Health board for city and county 1350 Health officer 1351-2 Health regulations, violation of 1353 Hospital, contracts and expenditures for 1349-50 Hospital; hospital commission 1347-9 Libraries, appropriations for 1355 Licenses 1336 Malpractice in office 1307 Marshal 1309 Mayor and council, powers of 1301 Mayor pro tem 1302 Mayor; qualifications, salary, duties, powers, etc. 1306 Night school, appropriations for 1355 Officers; duties, salaries, fees 1311 Officers, removal of 1308 , 1311 Officers, terms of 1309 Ordinances and resolutions; approval, veto 1303 Park commission 1336 Parks outisde city 1335 Paving, repaving 1325-30 Pensions for policemen or firemen 1322 Pipes, lowering 1333 Playground commission 1354 Police 1315 Public works, buildings, etc., power as to 1335 Railroad bridges, underpasses, etc. 1330 Railroad paving 1330 Recorder's court 1312-15 Registration of voters 1291-2 , 1295-8 Streets, how opened 1334 Streets, powers as to 1324 Taxes 1337-40

Page 1812

Tax sales 1340 Treasurer 1309 Vacancies in council 1308 Ward limits; change of 1294 Waterworks, water commissioners, etc. 1340-6 Weights and measures, inspection of 1311 Zoning laws; amendment of constitution to authorize 127 MACON CIRCUIT Court calendar 1777 Solicitor-general's fees, etc., payment of 747 MADISON COUNTY School district (Comer) incorporated 148 Tax-commissioner in lieu of collector, etc. 623 MANCHESTER Street improvements 1360 MANSFIELD Board of education, vacancy in, how filled 1374 MARRIAGE Act amending Act of 1924 as to 224 Act as to race registration and intermarriage 272 Affidavits in support of application for license 226 Age, investigation and proof as to 225 Application for license 224 , 226 , 274-7 Application for license, false statement in 277 Application of person not born in this State 276 Application, report on by State Registrar, etc. 275 Colored person not to marry white person; colored and white defined 272 , 277 Emergency, provision for 225 Examination by State Registrar of Vital Statistics 275 False statement in application; penalty 277 Form of application for license 274-5 Impediments, information as to 226 Information required before 225 , 275-6 License, amendment of act of 1924 as to 224 License, proceeding to compel issuance of 275 License, refusal of 275 License, return of, after marriage 277 Minors, requirements as to 224 Notice of application; posting 224 Ordinary's duty as to license, etc.; penalty 225 , 275 , 277-8 Penalty for false statement 277 Penalty for marriage between white and one not white 277 Racial barriers 272 , 277 Refusal of license 275

Page 1813

State Registrar of Vital Statistics, duty before 275 Void and felonious, between white and one not white 277 White to marry white only 277 MARRIED PERSON See Marriage. Competency as witnesses against each other 145 MARSHALLVILLE Street improvements 1375 MASONIC CONTRIBUTION See Tuberculosis Sanitarium. MAYSVILLE Tax sales 1382 McCAYSVILLE Bonded debt, increase of 1394 Bonds for addition to school building 1393 , 1395 Bonds for waterworks, etc. 1391 , 1395 Registration, permanent; time for 1386-7 Repeal of section 62 of Act of 1920 1385 Repeal of section 4 of Act of 1922 1386 School building, addition to 1392 Tax to pay bonds 1394 Waterworks and sewerage 1390 McINTOSH COUNTYY Catfish, when and where lawful to take 626 Tax-commissioner in lieu of collector and receiver 627 McRAE, CITY OF Public utilities; proceeds 1397 Purchase and sale of land by 1396 MEDICAL COLLEGE See Appropriations. MEDICINE See Drugs; Pharmacy Board. MEMORIALS See Brown Memorial; Gordon Home. MERIWETHER COUNTY Treasurer's salary 630 MIDDLE CIRCUIT See Superior Court Calendar, p. 1777 . MIDDLE GEORGIA AGRICULTURAL AND MECHANICAL JUNIOR COLLEGE Established in place of 12th District A. M. School 161 MIDWAY, TOWN OF Borrowing, authority for 1402 Commissioners increased to five 1400 Commissioners; two appointed by Governor 1400 , 1403 Commissioners; two elected, when 1401 Commissioner may hold other office 1401 Sheriff's authority to execute process 1402

Page 1814

MIDWIVES See Vital Statistics. MILES, J. M. Relief of, as surety 1759 MILITARY DEPARTMENT See Appropriations. MILLEN Street improvements 1401 MILLER COUNTY Commissioners; residence, terms, pay; clerk's salary 630 MITCHELL COUNTY Commissioners; districts; terms; chairman; contempts; clerk; pay, etc. 632 Dog law repealed 636 MONROE COUNTY Registrars of vital statistics; payment of fees of 637 MORGAN See City Courts. MORTGAGE FORECLOSURE Jurisdiction to set aside judgment 220 222 MOTOR-FUEL DISTRIBUTORS Bond of 108 Definition of fuels, distributor 105 Registration, reports 107 Tax on 105 MOTOR-VEHICLES Accident, requirements in case of 238-9 Age of licensee 229 Amending act as to 226 Amendments effective February 1, 1928; proviso 244 Annual budget sheet of commissioner 241 Application for registration 229 Badge of chauffeur 230 Brakes 234 Budget of commissioner of vehicles 242 Chauffeur defined; license and badge of 229-30 Clerk of commissioner of vehicles; duties, salary 241 Commissioner of vehicles; duties 227 241 et seq. Commissioner of vehicles; salary 242 Corners, right of way at 237 Costs of prosecution 242-3 County authorities, duty of, as to prosecution 242 Crossings, speed and right of way at 237-8 Cut-outs 238 Damages, right to, not abridged by Act 243 Definition of terms in law as to 227-8

Page 1815

Disbursement of fees 241 Duplicate number-plates 233 Equal rights on highways 242 Expense of carrying out law; limit, budget, etc. 241 Glass, etc., on highway 232 Half-rate fees between January 1 and August 1 232 Horns, bells 234 Horse-drawn vehicles 235 Inspector of; appointment; duties 243 Intersections, right of way at 237 Intoxicated persons not to operate 238 Lamps 234-5 License fees 230-2 License for nonresident 235 License inspector; appointment, duties 243 License, municipality not to charge for 241 License of other State, resident not to use 236 License required for owners and chauffeurs 229 Licensee, age of 229 Light 234-5 Local authorities, duty of, as to prosecution 242 Meeting 236 Minors not 16 years old not to operate 238 Municipal regulations, act not to conflict with 240 Municipality not to charge license fee 241 Nonresident's license 235 Number-plates 232-4 Obstructions on highway 242 Passing car going in same direction 237 Passing street car or bus 237 Penalty for violation of Act 243 Projections 238 Prosecution, duty as to 242-3 Receipt for postoffice order as permit 232 Red lights 238 Registration 228-9 232 Rounding curve 237 Salaries of commissioner and clerk 241-2 Secretary of State, ex-officio commissioner of vehicles 227 Signaling devices 234 Signals 238 Size of vehicle, limit of 239 Size; permit for extra size of 240 Slow-moving vehicles 236 Speed at crossings, etc. 238 Speed restrictions 236 Standing vehicles, how placed 236 Starting, stopping, turning 237

Page 1816

Tacks, nails, glass on highway 242 Tags; fee 233 Taxes on business, etc. 60-1 , 66 , 80 Temporary permit to operate 232 Throwing things on highway 242 Treasury, fees to be turned over to 241 Void part of act, not invalidate whole 243 Warrants of Governor for expenditures of commissioner 241 Weight of vehicle, limit of 239-40 Wheels, restrictions as to 239 MOULTRIE Sanitary limits 1415 School commissioners 1416 MOUNTAIN PARK, CITY OF Act incorporating 1418 Assessment of property 1425 Councilmen named 1425 Elections 1420 Licenses 1423 Mayor and council, powers 1422 Mayor's court; certiorari 1424 Mayor's powers and duties 1421 Officers; terms, etc. 1422 Salaries 1421 Street work; commutation tax 1424 Tax returns 1424 Taxes 1423-5 Territory incorporated 1419 MOVING PICTURES See Taxes. MUNICIPAL CORPORATIONS See Bonds, County and Municipal; Zoning Laws. Charter amendment or repeal; referendum required when 244 Definition of in towns or cities, in tax law; mile outside included 101 Local acts relating to, tabulated 751 Referendum to change charter; when required 244 Street improvements in cities of 600 or more people; system 321 MUNICIPAL COURT OF ATLANTA Constitutional amendment as to jurisdiction out of city 118 DeKalb division; judge's qualifications; jurisdiction; costs; trial without jury; rules of practice; clerk; location; supplies 383-8 Exceptions, time of filing 388 Exceptions, transmission of, to Appellate Division 388 Judges of, may sit in criminal court, when 381 Jurors; number and pay 389 Salaries increased 424

Page 1817

MUNICIPAL COURT OF SAVANNAH Amendments as to jurisdiction, juries, new trial, etc. 455 Clerk, bailiffs, deputies 462-3 Salaries 462-3 MUSCOGEE COUNTY Chain-gang on city streets, use of 339 Tax-commissioner in lieu of collector and receiver 638 Tax to support prisoners 339 N NASHVILLE See City Courts. Election hours 1426 Voters; qualifications, registration, etc. 1427 NATIONAL FOREST RESERVES Exemption from no-fence or stock law in counties containing; election 217 NAVIGATION COMPANIES See Taxes. NEAL, EARNEST Named poet laureate 1752 NEGOTIABLE PAPERS, BUYERS OF Taxation of (par. 92) 85 NEWBORN Street closing 1429 NEWNAN Mayor's court 1430 Recorder 1430 Street improvements 1431 Zoning laws; amendment of constitution as to 127 NICHOLLS, TOWN OF Schoolhouse bonds 1444 NOBLES, J. F. AND W. J. Relief of, as sureties 1752 NO-FENCE LAW See Fence or Stock Law. NOMINATIONS IN PRIMARY ELECTIONS Amendment as to 245 NONRESIDENT DECEDENT'S ESTATE See Taxes. NORMAL SCHOOLS Appropriations for 31-32 , 51 State Normal School changed to Georgia State Teachers' College 171

Page 1818

NORTH GEORGIA AGRICULTURAL COLLEGE Appropriations for 31 , 47 NORTHERN CIRCUIT See Superior Court Calendar, p. 1778 . NORTHEASTERN CIRCUIT See Superior Court Calendar, p. 1778 . NOTARY PUBLIC See Justices' Courts. NURSES Act creating board of examiners 247 Act not applicable to nurses when 254 , 256 Annual validation of registration certificate 252-3 Appeal from refusal or revocation of license 252 Applications for registration as 250 Board of examiners created 247 Board of examiners; pay of members 255 Certificate, annual validation of, and fee 252-3 Certificate, issuance of 249 Certificate, nursing without; penalty 252 Certificate, revocation of, and appeal 252 , 254 Certificate without examination 255 Credit for laboratory work, etc. 251 Dental nurses 250 Emergency nursing not within act 254 Employees of board; duties, salaries 255 Examinations; notice, etc. 249 Examinations, when not required 251 Excepted nurses 254 , 256 Expenses of board 255 Fee charged applicant 250-1 Fee for registration 255-6 Foreign certificate of registration, effect of 255 Gratuitous nursing not within act, when 254 Laboratory work, credit for 251 License, refusal or revocation; appeal 252 License to undergraduate nurse 253-4 Pay of secretary and members of board 255 Penalty for nursing without certificate, etc. 252 , 254 Penalty for unlawful assumption of title 252 , 254 Permit, temporary, for nursing 250 Records of board 249 Refusal or revocation of license; appeal 252 Registration fee 255-6 Regulations as to 247 Roster of 253 Salary of secretary of board, etc. 255 Seal of board 249 Secretary and treasurer of board; election, duties, salary 248-9 , 255 Title of nurse, unlawful use of 252 , 254 Void part of act, not invalidate rest 256

Page 1819

O OCCUPATION TAXES See Taxes. OCHLOCKNEE, TOWN OF Registration of voters 1446 OCILLA, CITY OF Ad valorem tax 1460 Board of education; time of election 1461 Bond issue 1450 Registration, permanent 1461 Street improvements 1450 Street opening 1458 Terms of office 1461 OCMULGEE CIRCUIT See Superior Court Calendar, p. 1778 . OCONEE CIRCUIT See Superior Court Calendar, p. 1779 . OFFICERS Salary instead of fee system; Chatham county 208 OGEECHEE CIRCUIT See Superior Court Calendar, p. 1779 . OGLETHORPE COUNTY Commissioner's bond; clerk's salary 643 Ordinary to be a commissioner; pay 643 School district (Comer) incorporated 148 OIL See Kerosene Distributors; Motor-Fuel Distributors; Petroleum Products; Taxes. OLD CHURCH PROPERTY Burke Light Infantry, Post 20 of American Legion, made trustee of 1741 OPTOMETRISTS Tax on 58 , 84 ORDINARY See Inheritance Tax; Race Registration and Intermarriage. Action by, as guardian of insane, etc. 258 Custodian of insurance money for insane, etc., when 256 Guardian as to insurance money, when 256 Marriage license, duty as to 224 , 277-8 Penalty for noncompliance with law as to marriage license 277 OYSTERS See Taxes. P PACKING FRUIT See Peaches and Apples. PACKING HOUSES Tax on 81

Page 1820

PALMETTO Australian ballot system 1464 Bond issue for waterworks and sewerage 1464 Election of mayor and council; terms of office, etc. 1463 Road duty; age limit 1464 Sale of public utility plant 1465 PALMISTRY See Taxes. PARKING PLACES See Taxes. PARK'S CODE SUPPLEMENTS Authority of Governor to contract for 260 Exchange of State publication for 261 PARKS See Indian Spring; Taxes; and see local acts. PATAULA CIRCUIT See Superior Court Calendar, p. 1779 . PATENT-RIGHT SELLERS See Taxes. PATENTED ARTICLES See Taxes. PAVO, TOWN OF Clerk and treasurer; election, bond, pay 1469 , 1466 Councilmen, pay of 1466 Elections 1467 , 1469 Mayor's vote 1466 Oath of office 1468 Time of taking office 1468 Registration of voters 1469 PAWNBROKERS Tax on 82 PEACH COUNTY Treasurer's salary and bond 645 PEACHES AND APPLES Authority of Commissioner of Agriculture as to 191 Penalty of violating law as to 192 Shipment of 191 Stamps for packages 191 Unfit, not to be shipped 193 PEDDLER Defined; delivers on day of taking order 83 Taxation of 82 , 83 , 84 , (par. 90) 90 (par. 110) PELHAM School tax; referendum 1471 PEMBROKE See City Courts. PENAL INSTITUTIONS See Appropriations; Training School for Girls. PENAL LAWS See Criminal Law; and see local acts.

Page 1821

PENSIONS See local acts. County employees, pensions and relief for in some counties 262 Municipal employees in certain cities, pensions for 265 , 268 Widow of county employee 263 Workmen's compensation law not affected by pension law, when 268 PETROLEUM PRODUCTS Act regulating 279 Analysis, certificate of 285-6 Analysis for buyer 282 Appropriation for enforcement of act 289 Approval by State oil chemist and comptroller-general 280 Bond of chemist or inspector 290 Bottles, cans 281 Certificate of analysis; evidence 282 , 285-6 Certificate of registration; posting 286 Chemist; appointment, etc. 284 Chemist, charges against; removal 289 Chief oil inspector 289 Clerical help for inspector 289 Code sections as to, repealed 290 Comptroller-general made chief oil inspector; salary 289 Confiscation 281 Containers and labels 281 Daily reports 285 Declaration by dealers to comptroller-general 280 Definitions of gasoline, kerosene 280 Delivery by hose or pipe from tank 281 Expense of enforcing law 289-290 Fees not allowed for inspection 290 Gasoline defined 280 Illegal sale 281 Inspection 280 Inspection fees not allowed 290 Inspection laws repealed 290 Inspector refused access 288-9 Inspector, charges against; removal 289 Inspectors' automobiles 285 Inspectors of oil; number, appointment, term, salary, etc. 284 Inspectors to report daily 285 Kerosene defined 280 Label 280 , 281 Notice as to shipment into State; sample 282 Penalty for violating act or rule 289 Penalty for use of pump giving short measure 288 Posting certificate of registration of dealer 286 Pump giving short measure; penalty 288 Pump; penalty for using condemned pump 287 Pump; sheriff's sale of 287

Page 1822

Pumps, inspector's duty as to. Seal. Refusal to adjust; condemnation 286-8 Registration of gasoline dealers 286 Report of findings by chemist 285 Salaries of inspectors, etc. 289 , 290 Sale without test 282 Samples 262 , 285 Short measure 288 State oil chemist; appointment, duties, salary 284 Test for buyer 282 Tests, change of 284 Tests of gasoline 282 Tests of kerosene 283 Vacancy in office of chemist or inspector 290 PHARMACY BOARD Act establishing 291 Annual registration of druggists, etc. 298 Applicants for license; qualifications 294-5 Burden on person prosecuted under Act 297 Certificate of registration 298 College or school of pharmacy official, not eligible to 202-3 Compounding or selling drugs, etc.; limited to whom 294 , 296 Definitions of drug-store, pharmacy, apothecary 297 Election of representative to meetings of other bodies 295 Eligibility; member not to serve two full terms together 292 Examination by board; fees 294-5 , 297 Expenses 297 Fees 295 , 297 Funds; reserve or emergency fund 297 License 295-7 License, refusal or revocation of 296 Meetings limited to three annually 294 Membership 292-3 Merchant's sale of medicines, etc., when lawful 296 Oath of appointee 293 Pay of members 293-4 Penalty for violation of Act 299 Poison, sale of 296 Prosecution, duty as to. Burden on accused 297 Qualifications of applicants for license 294-5 Registration of druggists, etc., annual 298 Rules, power to make 298 Sales of medicines, etc., by merchants, lawful when 296 Secretary; salary 294 Term of member, 5 years 292 Title drug-store, pharmacy, etc., unlawful use of 298 Treasury, fees, etc., to be paid to; surplus to revert to 297 Vacancies, how filled 292 , 293 Void part of Act, not invalidate whole 298

Page 1823

PHOTOGRAPHERS Tax on 84 PHYSICIANS Tax on 58 , 84 PICTURE SHOWS See Taxes. PICTURES See Taxes. PIEDMONT CIRCUIT See Superior Court Calendar, p. 1779 . PINE PARK, TOWN OF Public-school law repealed; town under county board 1473 PINEHURST, TOWN OF Act amending charter 1473 Assessments 1475-82 Bond issue, election for 1476 , 1486 , 1491 Bonds for street improvements 1479 Encroachments 1491 Nuisances 1491 Paving ordinances 1491 Registrars of voters 1482 Registration book, revision of 1483 Registration, permanent 1484 School bonds 1485 Sinking fund 1491 Street improvements 1474 Tax assessors 1490 Tax deeds as evidence 1490 Tax delinquents 1487-9 Tax regulations 1489 Tax returns 1487 Tax to pay bonds 1491 Taxability, issue as to 1489 PISTOLS See Taxes. PLANNING LAWS See Zoning; and see local acts. PLANS FOR SEWERS, ETC. Approval of 319 PLATS Recording, etc. 318 PLUMBING CONTRACTORS Tax on 89 POET LAUREATE Earnest Neal named as 1752 POISON Sale of 296

Page 1824

POLK COUNTY See City Courts. POLL TAX Exemptions from 57 POOL TABLES See Taxes. POWER PLANT Condemnation of road, for plant generating electricity 370 PRESBYTERIAN CHURCH (FIRST) OF AUGUSTA Repeal of Act of 1887 as to 1740 PRESSING CLUBS Tax on 72 , 84 PRIMARY ELECTIONS Nominations in 245 PRINTING FUND Appropriation for 9 PRISON COMMISSION See Appropriations. PUBLIC SCHOOLS See Schools. PULASKI COUNTY Treasurer's office abolished; ordinary substituted; bond, salary 646 PUNCH BOARDS See Taxes. PURE FOODS AND DRUG ACT See Appropriations. Q QUITMAN See City Courts. Tax additional 1492 QUITMAN COUNTY Treasurer's salary 647 R RABUN COUNTY Deer hunting or killing prohibited in 613 RACE REGISTRATION AND INTERMARRIAGE Act requiring registration 272 All persons to be registered 273 Attorney-general not prosecuting, impeachment of 278 Asiatic Indian blood, person with trace of, colored 272 Birth of legitimate child of white and colored persons; report; prosecution 278 Chinese not classed as white persons 277 Colored person and white person defined 272 , 277

Page 1825

False statement; penalty 273 et seq. Fee for registration 274 Forms for registration 273 Japanese not classed as white persons 277 Legitimate child of white and colored persons, report as to, etc. 278 Local registrars, duty of 273 Marriage between races, when void and felonious; penalty 277 Marriage license, application for, etc. 274-7 Minister performing ceremony, penalty for 278 , see 224 Ordinary's noncompliance with law; penalty 277 Report of violation of law 278 Solicitor-general's duty to prosecute 278 State Board of Health, supervision by, as to registration, etc. 272 State Registrar of Vital Statistics, duty of 272 et seq. West Indian blood, person with trace of, colored 272 White person defined 277 RADIOS, RADIO SUPPLIES Taxation of business 81 RAILROADS See Taxes. Automatic signaling devices at crossings, required when 304 Bridges, construction and maintenance of 301 et seq. Definition of 301 Expenditures required under grade-crossing Act, limit of 306 Fruit shipments 192 Grade-crossing defined 300 Grade-crossing elimination Act 299 Highway department's authority as to grade-crossings, etc. 300 Overpass defined 301 Tax; illegality; who may make affidavit 136 Underpass defined 301 REAL-ESTATE BROKERS See Taxes. Amendments to Act of 1925 as to 307 Definition of 308 License fees 309 Penalty for violation of Act as to 309 Salesman; meaning of real-estate salesman 309 REAPING MACHINE See Taxes. REDFERN FLIGHT TO BRAZIL Resolution commending 1750 REFERENDUM See local acts. Required for change or repeal of municipal charter, when 244 REGISTERS See Taxes. REGISTRAR OF VITAL STATISTICS See Vital Statistics.

Page 1826

REGISTRATION See Race Registration; Taxes; and see local acts. REIDSVILLE See City Courts. REPORTERS, STENOGRAPHIC See Stenographers. REPORTERS, SUPREME COURT, ETC. Appropriations 39 , 40 REPORTS OF SUPREME COURT, ETC. Appropriation for 20 REPORTS TO GOVERNOR Requirements as to 9-10 RESOLUTIONS TABULATED 1745 RETURNS FOR TAXATION See Taxes; and see local acts. REVENUE See Department Funds. REWARD FUND Appropriations for 9 , 47 RICEBORO, CITY OF Act incorporating 1493 RICHMOND COUNTY Board of education secretary; term 648 Clerk of commissioners; hours, duties, bond, salary 652 Commissioners; amendment and repeal of acts as to 649 Debt for temporary loan; amendment of constitution 122 Justices' courts, abolition of, not to apply to this county 118 RICHMOND COUNTY, CITY COURT OF Punishment for misdemeanor; when fixed by jury 317 RINCON, TOWN OF Act incorporating 1497 ROADS See Highway Department; Highways; Railroads; and see local acts. ROME Act amending charter 1503 Additional territory, provisions as to 1503-12 Commission, meetings of 1513 Commissioners from new wards 1506 , 1511 Corporate limits, extensions of, subject to referendum 1503 , 1508 School funds 1512 Streets, etc., closing or sale of 1513 Taxes in added territory 1507 , 1512 Void part of Act, not invalidate whole 1514 Wards, new 1507 , 1511 West Rome school district; children to attend city schools, 5 years 1512 Zoning laws; amendment of constitution to authorize 127 ROME CIRCUIT See Superior Court Calendar, p. 1779.

Page 1827

ROSWELL Public-school tax 1516 RUTHERFORD, J. J. Relief of, as surety 1753 RYALS, A. J., SR. Relief of, as surety 1758 S SAFE DEALERS See Taxes. SALARY BUYERS See Taxes. SANDERSVILLE See City Courts. Corporate limits extended 1521 Street assessments 1521 Voters in election 1523 SANITARIUMS See Appropriations. Taxation of 85 SASSER, TOWN OF Bond issue for waterworks, lights, buildings, streets 1525 Election as to bond issue 1525 Powers of mayor and council 1526 Registration of voters 1526 Tax-assessors; tax rate 1526 SAVANNAH See City Courts; Municipal Court of Savannah. Act amending charter 1526 Airplane field 1531 City engineer's duties, performance of, by others 1528 Corporate limits extended 1527-8 Director of public works, performance of city engineer's duties by 1528 Paving; pipe connections 1529-31 Recorder and clerk, pay of, from county treasury 521 Sale of streets, etc. 1535 , 1537 Viaduct contract ratified 1537 Zoning and planning 1534 Zoning laws; amendment of constitution to authorize 127 SAVANNAH RIVER Navigability north of Augusta, repeal of laws assuming 313 Repeal of laws as to 313 SCALE DEALERS Tax on 77 SCHOOLS See Appropriations; and see local acts. Board of education salaries in certain county 156 Comer school district incorporated 148 Consolidated schools; establishment, maintenance, etc. 157

Page 1828

District A. M. schools (11th and 12th), (colleges in place of 161, 169) 161 Heard county high school, payment of debt of 159 Merger into county-school system in certain county 160 Normal schools. See that title. Salaries of public-school teachers, debt to pay 167 Stephens High School, election for trustees 173 Teachers' pay, Governor's authority to make debt for, etc. 167 Transportation of teachers and pupils 174 SOREVEN COUNTY Treasurer's salary 653 SECRETARY OF STATE See Appropriations. Amendment of constitution as to 121 Duties, amendment of constitution as to 121 Salary and office expenses; amendment of constitution 121 SECURITY DEED Judgment on obligation secured by; jurisdiction to set aside 220 SELLERS, E. D. Relief of, from penalty as tax-collector 1759 SELLERS, LEM, H., W. C., C. L., JOHN M. Relief of, as sureties 1759 SENTENCE See Criminal Law. SEWERS See see local acts. Plans for sewers and disposal plants in certain county 318 SEWING MACHINES See Taxes. SHERIFFS Tax-law violations, duties as to 101 SHOWS See Taxes. SIBLEY, J. H. Relief of, as surety 1753 SIGNS See Chatham County. SLEEPING CAR COMPANIES See Taxes. SMYRNA, TOWN OF Waterworks and sewerage 1552 , 1539 SOFT DRINKS See Taxes. SOLICITORS-GENERAL See Race Registration and Intermarriage. Atlantic circuit, salary increase 739 Chattahoochee circuit, salary increase 741 Eastern circuit, Salary fees, etc. 743 Macon circuit; payment of fees, etc. 747 SOPERTON See City Courts.

Page 1829

SOUTH GEORGIA JUNIOR STATE COLLEGE Established in place of 11th Dist. A. M. School 169 SOUTHERN CIRCUIT See Superior Court Calendar, p. 1780 . SOUTHWESTERN CIRCUIT See Superior Court Calendar, p. 1780 . SPARKS, Town of Street improvements 1565 STAMPS Peaches and apples, stamps for packages 191 STATE BOARD OF FORESTRY Indian Spring Reserve to be under charge of, as park 1749 STATE BOARD OF HEALTH See Appropriations; Race Registration and Intermarriage; Vital Statistics. STATE DEPOSITORIES Buchanan, Dexter, Glennville 140-2 STATE LIBRARY Appropriation for 19 , 20 STATE LIBRARY COMMISSION Appropriations for 21 STATE NORMAL SCHOOL Changed to Georgia State Teachers College 171 STATE OIL CHEMIST See Petroleum Products. Appointment, duties, salary 284 STATE SANITARIUM See Appropriations. STATE REGISTRAR OF VITAL STATISTICS See Vital Statistics. STATE TREASURER See Appropriations. Amendment of constitution as to duties, salary, help, etc. 121 Department funds to be turned over to, and paid out by 311 Ex-officio Bond Commissioner; assistance, fees, etc. 131 Expenses of departments to be paid by 311 Report of receipts and disbursements for 1926 1766 Signature of checks by subordinate, authority for 1767 Salary and office expenses; amendment of constitution 121 STATE VETERINARIAN Appropriation for 12 , 13 . 351 Definition of qualified veterinarian 351 Tuberculosis in animals, duty as to eradication 348 STATESBORO Street improvements 1572 STATISTICS See Vital Statistics. STATUES See Brown Memorial.

Page 1830

STENOGRAPHERS See Appropriations. Court stenographers in certain county, salary limit $4, 00 216 STEPHENS HIGH SCHOOL Election for trustees, who may [Illegible Text] in 173 STEWART COUNTY Commissioner; office created 654 Commissioners; board abolished 653 Depository 666 Disbursing clerk; office created 667 Treasurer's office abolished 666 STOCK DEALERS See Taxes. STOCK LAW See Fence or Stock Law. STONE MOUNTAIN CIRCUIT See Superior Court Calendar, p. 1780 . STREETS See local acts. Improvement system for cities of more than 600 population 321 SUBPOENA CLERK Appointment of bailiff as, in county of 200,000 people 193 SUPERINTENDENT OF BANKS See Appropriations; Banking Law Amendments. SUPERIOR COURTS Appropriations for 41 Calendar of 1774 Changes in time of holding 175-189 McDuffie county to be in Toombs Circuit 175 SUPREME COURT See Appropriations. List of judges and officers 1773 SURETIES, RESOLUTIONS FOR RELIEF OF 1752-61 SWAINSBORO See City Courts. Street improvements 1585 SWORDS, TOWN OF Repeal of charter of 1601 SYLVESTER Cemetery and bond issue 1602 TALIAFERRO COUNTY Commissioners; election of chairman by people 671 Patrol Act repealed 672 Sheriff's duties 672 TALLAPOOSA CIRCUIT See Superior Court Calendar, p. 1780 .

Page 1831

TATTNALL COUNTY Commissioners; board abolished, new board created 674 Election hours in town 130 Purchasing agent 678 TAX-COLLECTORS See Taxes. Ex-officio sheriffs in certain counties 137 , 139 , 335 , 337 TAX COMMISSIONER See Appropriations; and see local Acts. TAXES Accident tickets, selling; exception 75 Account-register dealers 77 Accountants, public 58 Ad valorem for sinking fund to retire bonds 57 Ad valorem to meet appropriations 58 Adding machines 77 Adjusters, insurance 75 Advertising business 59 Agencies; collecting, commercial, mercantile, etc. 59 Agents or corporations, returns by 100 Agents, insurance 74-5 Agents, legislative 76 Agricultural implements or tools, patented; traveling vendors 83 Agricultural machinery 78 Agricultural products; Sale not taxed as peddling 82 Alleys, bowling, tenpins, etc. 71 Amusement devices 71 Amusement parks 60 Animal shows 67 , 85 Appropriations, tax to meet 58 Athletic clubs 60 Auctioneers 61 , 64 (par. 30) Automobile and truck assembling plants 62 Automobile and truck dealers 60 , 61 Automobile garages 62 Automobile parking places 62 Automobile tires, etc., dealers 60 , 61 Automobiles, keeping or operating for hire 66 , 80 Awning and tent makers 62 Ball parks 60 , 63 Banks, branch banks 99-100 , 196 Barber-shops, barber supplies 63 Baseball parks 60 , 63 Baseball parks, selling in 82 Bathing places 87 Beauty parlors 63 Beverages, carbonated 64 , 65 Bible sellers, exception as to 64 Bicycle dealers 63

Page 1832

Bicycle-racing places 60 , 63 Bill boards 59 Bill distributors 64 Billiard tables, etc. 62 Blind persons, exempt from poll tax 57 Boats, vendors on 83 Bond dealers 64 Bonds, tax to pay 57 Book agents 64 Books, magazines, etc., selling on trains 81 Bottled drinks, 64 , 65 Bowling alleys, etc. 71 Boxing exhibitions, etc. 60 Bridges, toll 88 Brokers 64 Building and loan associations 58 , 100 Burglar alarms 65 Cafes 65 Calculating machines 77 Canal and navigation companies 95 , 97 Carbonated beverages 64 , 65 Carbonated waters 86 Carbonic-acid gas 65 Cards, playing 84 Carnivals 68 Cash-registers, etc. 77 Cemeteries 67 Chain of stores 89-90 Chautauquas, exception as to 68 Check-protectors 77 Chiropodists 58 Chiropractic practitioners 58 , 84 Circuses, tent shows, etc. 67 , 68 , 85 Cleaning clothing 72 , 76 , 84 Clock peddlers 82 Clubs; athletic, etc. 60 Coal and coke dealers 67 Commercial reporting agencies 68 Concerts, etc. 67 Confederate veterans' exemption from poll tax 57 Constable's duty as to 101 Contractors for plumbing, heating, steam-fitting, tinning 89 Corporation presidents, etc. 58 Corporation returns by presidents and agents 100 Corporations 69 , 70 Cotton warehouses 88 Dance halls 71 Deceased nonresident's estate, tax on transfer 101

Page 1833

Definition of merchandise 95 Definition of peddler 83 Definition of towns or cities, mile outside included 101 Dentists 58 , 84 Detective agencies 59 Directories 72 Distributors of motor-fuels or kerosene; meaning of distributor 105 Dog, pony, horse, monkey shows 85 Dogs 90 Drug vendors 82 , 84 (par. 90) Dyeing establishments 76 Effective January 1, 1928 56 Electric light systems; dealers 76 Electrical contractors 72 Electrical engineers 58 Elevated or scenic railways 79 Embalmers 58 Emigrant agents 72 Employment agencies 72 Engineers 58 Estate tax (federal), as affecting State inheritance tax 103 Estates of nonresident decedent's 101 Exemptions from poll tax 57 Exhibitions 67 , 68 , 75-6 , 85 Express companies; returns 97 Farm implements, etc., traveling vendors 83 Farm machinery 78 Farm products; sale not taxed as peddling, etc. 82 Farmers' mutual insurance companies, exemption of 93 Females not voting, exempt from poll tax 57 Ferries, toll-bridges 88 Fertilizer as merchandise 95 Film-distributing agencies 81 Fine for violation of tax law; fourth to informer or prosecutor 101 Fire-engines and apparatus 72 Firearms, etc. 83 Fish and sea-food peddlers (nonresident) 90 Fish-dealers 72 , 90 Flying horses 79 Football parks 60 , 63 Foreign corporations 70 Fortune-telling 73 Fuel distributors 104 Funeral directors 88 Games, parks for 60 , 63 Games, tables for 62 , 71

Page 1834

Garages 62 Gas, gasoline, or electric light systems, dealers 76 General tax act 56-101 Guano as merchandise 95 Gypsies 73 Halls, dancing 71 Heating contractors 89 Horse shows 85 Horse traders 73 , See 76 (par. 65) Hospitals conducted for gain 85 Hotels 72-3 See 65 (par. 32) Ice-cream dealers 73 Ice-machines 77 Informer as to violation of tax law; half of fine to 101 Inheritance tax, amendments as to 103 Insurance agents and adjusters 74-5 Insurance agent's tax payable in advance 75 Insurance agent's tax payable to insurance commissioner 75 , 92 (par. 110, sec. 6) Insurance companies 93 , 94 Insurance companies; tax reduction to local investors 94 Itinerant practitioners 84 Itinerant traders 73 , 82 , 83 , 84 (par. 90), 90 Jitney operators 66 Junk dealers 75 Kerosene distributors 105 Laundries. 76 . See 72 (par. 49) Lawyers 58 Legerdemain exhibitors 75 Legislative agents 76 Lighting systems 76 Lightning-rod dealers 76 Live-stock dealers 73 , 76 Lobbyists (legislative agents) 76 Lumber dealers 76 Lunch-rooms 65 Machines, machinery 77 , 78 Malt syrups, makers and sellers 89 Manicure shops 63 Manufacturing companies, returns 94-6 Map dealers 64 Masseurs 58 Meat-packing houses, etc. 81 Medical practitioners 58 , 84 Medicine vendors 82 , 84 (par. 90) Merchandise, definition 95 Merry-go-rounds 68 , 79 Midway combinations 68

Page 1835

Monkey shows 85 Monument dealers 80 Motor-fuel distributors 104 Motor-trucks and trailers 80 Motorcycle dealers 80 Motor-vehicles 80 . See catchword Automobile, supra. Moving pictures, illustrated songs 80 Moving picture supply houses, film distributing agencies 81 Musical instruments 81 Navigation companies 95-97 Negotiable paper, buyers of 85 Newsdealers on railroads 81 Newspaper selling in baseball parks 82 Nonresident decedent's estate, tax on transfer of 101 Oil distributors 105 Oil-selling trucks 88 Optometrists 58 , 84 Oysters, shrimp, etc., packing, shipping; peddling 72 , 90 Packing-houses 81 Paid when and to whom 70 , 92 Palmistry, phrenology 73 Parking places 62 Parks, amusement, ball, etc. 60 , 63 Patent churns, fences, etc., dealers in 83 Patent-right sellers 81 Patented agricultural implements or tools 83 Pawnbrokers 82 Peddlers of fish, etc. (nonresident) 90 Peddler defined; delivers on day of taking order 83 Peddlers, taxation of 82 , 83 Penal offenses under tax law 66(par. 22), 78 (par. 72), 86(par. 99), 91, 92(par. 110, secs. 4, 6, 10, 14), 108 Penalties; fourth of fine to be paid to informer or prosecutor 101 Personalty returns 95 Photographers, etc. 84 Physicians 58 , 84 Picture-frame peddlers 82 Picture sellers ([Illegible Text]) 64 Picture-shows; supply houses 80 , 81 Pictures or frames 82 , 83 Pistols, toy pistols, cartridges, other weapons 83 Playing-cards 84 Plumbing contractors 89 Poll tax and exemptions 57 Pony shows 85 Pool tables, etc. 62 Practitioners 58 , 84 Presidents of corporations 58

Page 1836

Pressing clubs 72 , 84 Prisoners, tax to support, in certain counties 339 Professional tax 58 Prosecutions, duty as to; half of fine to prosecutor 101 Punchboards, etc. 77-8 Questions for returns 96 Racing parks 63 Radios, radio supplies, selling or renting 81 Railroads; returns 97 , 99 Railroad-equipment companies 98 Railroad-train newsdealers, etc. 81 Real-estate dealers 64 Real-estate returns 94 et seq. Reaping, mowing, thrashing machines, etc. 78 Registers, dealers in, etc. 77 Registration, etc., of machinery dealers 79 Registration of business 92 Registration of distributors of motor-fuels and kerosene 107 Registration of legislative agents 92 Reporting agencies (commercial) 68 Restaurants 65 Returns by presidents and agents of corporations 100 Returns of real estate and personalty 94 et seq. Returns, questions for 96 Returns to comptroller-general 65 , 86 , 89 , 91 , 93 , 94 , 97 , 100 Rinks 84 Road-building machines, etc. 78 Safes, vaults, fixtures 85 Salary and wage buyers 85 Sanitariums conducted for gain 85 Scale dealers, etc. 77 Scenic devices, railways, etc. 79 Sea-food peddlers (nonresident) 90 Sewing-machine dealers 90 Sheriffs, duties of, as to violations of tax laws 101 Shooting galleries 71 Shows 67 , 68 , 75-6 , 85 Sinking-fund tax 57 Skating rinks 84 Sleeping-car companies; returns 97-8 Sleight of hand entertainers 75-6 Slot machines 77 Soda-fountains 86 Soft-drink dealers 64 , 65 Soft-drink syrups, etc. 86 Sprinklers, automatic 86 Steam-fitting contractors 89 Stock and bond dealers 64

Page 1837

Stock dealers (live stock) 73 , 76 Stores, chain of 89-90 Stove peddlers 82 Street carnivals, etc. 68 Students earning way through school; exception as to 64 Swimming-pools, hire of bathing suits 87 Swings 79 Syrups, makers and sellers of 86 , 89 Tables for games 62 Tax-collectors, duties of, as to prosecution 101 Telegraph companies; returns 97 Telephone companies, etc.; returns 97 Ten-pin alleys 71 Tent makers 62 Tent shows 67 , 68 , 85 Threshing machines, etc. 78 Time of payment 92 Tinning contractors 89 Toll-bridges 88 Tombstone dealers 80 Traveling traders in live stock, etc. 73 Traveling vendors 82 , 83 , 84 (par. 90) Truck dealers 60 , 62 Trucks for sale of gasoline or oil 88 Trucks. See Automobile. Typewriting machines 77 Undertakers 88 Vaudeville 85 Veterinary surgeons 58 , 84 Wages buyers 85 Warehouses 88-9 Weapons 83 Weighing machines, scales 77 Wood dealers 89 Wrestling exhibition, etc. 61 TELEGRAPH AND TELEPHONE COMPANIES See Taxes. TAYLOR, WALTER C. Relief of, as surety 1760 TEACHERS See Colleges; Georgia State Teachers College; Schools. TENNILLE Street improvements 1606 THOMAS COUNTY Jury commissioners and clerks, pay of 146 THOMASTON See East Thomaston. Zoning laws; amendment of constitution as to 127

Page 1838

THOMASVILLE Commission government; referendum 1612 Park and tree commission 1626 Registration of voters 1629 THOMSON Accusations, form of 1646 Act creating new charter for 1631 Acts continued in force 1672 Additional legislation, power of council as to 1672 Animals at large 1650 , 1651 Appearance bonds; forfeiture 1647 Arrests 1648 , 1651 Attorney for city; salary, fees 1640 Automobiles 1661 Board of health 1652 Bond issues 1660 Bond validation 1671 Bonds for street improvements 1667 Borrowing 1665 Building regulations 1653 , 1662 Cemeteries 1666 Clerk; duties, salary 1640 Code of 1665 Condemnation of property 1654 , 1659 Convicts, working of 1664 Councilmen and their salaries 1639 Debt, election as to creation of 1659 Depository 1665 Detectives 1645 Dog tax 1651 Easements, grant of 1663 , See 1658 Elections 1633 Election managers 1636 Electric-lights 1656 Entering house without warrant 1667 Explosives, regulation of 1666 Fire department 1664 Fire limits 1653 Franchises, grant of 1658 , 1663 Games for hazarding money 1667 Gunpowder, regulation of keeping 1666 Health ordinances 1652 Idling, loitering 1664 Impounding animals 1651 Licenses 1660 Mayor pro tem. 1637 Mayor's salary 1637 Mayor's vote, veto, and powers 1637 Mayor and councilmen must be registered voters 1636

Page 1839

Mayor and councilmen, powers; election 1632-3 Motor-vehicles, bicycles etc.; regulation of; registration 1661 Nuisances 1650 Oath of office of mayor, etc. 1636 Parks 1663 Paving; assessments 1667 Paving railroad-tracks 1656 Physician for city 1641 Pipe connections 1661 Police court trials, powers, etc. 1645-6 Policemen 1641 , 1645 Policemen, arrests by 1648 Powers, enumeration of, not restrictive 1672 Property rights of city preserved 1671 Quarantine 1653 Railroad tracks, paving 1656 Railroad-trains, speed of 1656 Recorder 1649 Registration of business 1660 Registration of voters 1634 Removal or suspension of officers 1644 Sale of public property 1671 Sexton 1641 Sinking fund 1665 Speed ordinances 1656 Street improvements 1654 , 1655-6 Street-improvement bonds 1667-71 Street work; commutation tax 1652 Streets, powers as to 1654 Tax ad valorem 1645 Tax-assessors 1642 Tax books, opening and closing of 1643 Tax defaulters 1643-4 Tax-digest 1643 Tax levy 1639 Vacancies in office 1639 Vaccination 1653 Vehicles for hire, regulation of 1666 Waterworks 1656 Weights and measures 1661 Wells, filling 1662 THUNDERBOLT, TOWN OF Authority to furnish water outside limits of 1673 TIFT COUNTY Commissioners; chairman; contracts; salaries; elections, etc. 682 Tax-commissioner in lieu of tax-collector 686 TIFTON See City Courts.

Page 1840

TIFTON CIRCUIT See Superior Court Calendar, p. 1781 . TOCCOA RIVER Repeal of Act as to obstructions in 340 TOOMBS CIRCUIT See Superior Court Calendar, p. 1781 . TOOMBS COUNTY Commissioners; candidates; pay; districts 690 TOOMSBORO See Townsboro. TOWNSBORO(?) Corporate limits 1673 TOWNS See Municipal Corporations; and see local acts. TOWNS COUNTY Fence law, districts excepted from 693 Stock law 694 Treasurer's office reestablished 694 TRAINING SCHOOL FOR GIRLS Appropriation for 34 Discharge, release, parole of inmates 343 Mental defectives not to be committed to 342-3 Superintendent's salary 341 TREASURER See State Treasurer. TROUP COUNTY County funds defined 700 Depositories 700 Tax-commissioner; office created 695 Treasurer's office abolished 700 TRUST COMPANIES Amendment of charter, as to banking powers, how obtained 347 Banking powers, by amendment of charter 346-7 Corporations not affected by Act as to 348 Dealing in stocks and bonds 347 Definition of 344 Deposits, when receivable by 346-7 Guaranty fund 346 Guaranty; restriction of power as to 346 Penalty for violation of Act as to 348 Supervision of, by Superintendent of Banks 345 Surrender of authority to receive deposits 347 Unauthorized use of the word trust 345 TUBERCULOSIS See State Veterinarian. Appropriations for eradication of, in domestic animals 351 Eradication of, in animals, act providing for 348 Tuberculin, restriction of use or sale of 351

Page 1841

TUBERCULOSIS SANITARIUM Appropriation for 18 Masonic contribution to 1750 TURNER COUNTY Commissioners; creation of board; referendum 702 TWIGGS COUNTY Commissioner and clerk; creation of offices; referendum 713 TYBEE, TOWN OF Appropriations for advertising 1675 Building piers, bath-houses, etc., in ocean, permit for 1676 Cutting weeds, etc., power to require 1675 Recorder 1674 U UNADILLA Registration of voters 1684 Street improvements 1677 UNDERTAKERS See Taxes; Burial; Vital Statistics. Notice of law to be put in casket 362 UNFINISHED BUSINESS OF GENERAL ASSEMBLY Persons to remain at the Capitol for 1762 UNITED STATES Jurisdiction ceded to, as to land acquired by 352 Service of process where land belongs to 352 UNIVERSITY OF GEORGIA Appropriations for 28 , 51-5 Middle Ga. A. M. Junior College, branch of 161 South Ga. Junior State College, branch of 169 UPSON COUNTY Depository for 725 Treasurer's office abolished, when 725 Treasurer's salary 724 V VALDOSTA Sewers; assessments for, etc. 1686 Water-mains; assessments for, etc. 1689 Zoning laws; amendment of constitution as to 127 VENEREAL DISEASES Appropriation for work in connection with 18 VETERINARIAN See State Veterinarian. Qualified veterinarian defined 351 VIENNA Tax assessments 1693

Page 1842

VITAL STATISTICS See Race Registration and Intermarriage. Act as to, not invalidated by void part 370 Adoption decrees; copies to be filed with registrar [Illegible Text] Assistants of State Registrar 354 Attorney-general to assist in enforcing law 370 Birth of stillborn child 356 Birth registration and certificate 353 , 356 , 361 et seq. Blanks supplied by State Registrar 365 Bureau of, under State Board of Health 353 Burial or removal permit 356 Caskets, record and report of sale of 360 Cemetery records 366 Certified copies 368 Change of record 365 County treasurer, payments by 368 Death certificates 357 et seq. Death without medical attention 359 Deaths, registration of 353 Districts for registration 354 Enforcement of law 369 Fees of local registrars, and how paid 367-8 Fees of registrars in Monroe County to be paid by county 637 Health officer, duty of, and fees 367 , 368 Information, duty to furnish 365 Local registrars; deputy; removal; penalties 355 Local registrar's duties 366 Local registrar's fees 367-8 Local registrar's record 361 Midwives, registration of, and information by 364 et seq. Offices of bureau 354 Ordinary, duty of, and fees 367 , 368 Penalties for violation of law 369 Prosecutions 370 Reports to State Registrar 367 State board of health in charge of 353 State registrar; appointment, qualifications, term of office, pay 354 State registrar's duties 365 Stillborn child; registration and certificate 356 Transcripts of records 366 Undertakers, duties of 356 , et seq. 365 W WAGES, A. L. Relief of, as surety 1761 WAGES BUYERS See Taxes. WARE COUNTY Bonded debt for hospital; amendment of constitution 124 Boundary line 545

Page 1843

WAREHOUSES See Taxes. WASHINGTON COUNTY Attorney for 728 Commissioners' pay 727 WATER-POWER Condemnation of road, for plant generating electricity 370 WATSON, W. A. Relief of, as surety 1754 WAYCROSS Board of education; terms of office, etc. 1701 Commissioners, election of 1698 Hospital, authority to county to increase debt for 124 Pensions for teachers 1699 Zoning laws; amendment of constitution to authorize 127 WAYCROSS CIRCUIT See Superior Court Calendar, p. 1781 . WAYNE COUNTY Fishing regulated 729 WAYNESBORO Registration of voters 1703 WEST INDIANS See Race Registration and Intermarriage. WESTERN CIRCUIT See Superior Court Calendar, p. 1781 . WHEELER COUNTY Offices of tax-collector, tax-receiver, treasurer, created; 730-37 WHIGHAM, TOWN OF Street improvements 1704 WHITE PERSONS Definition of 277 WITNESSES See Evidence. WOMEN See Poll Tax. WOODBINE, TOWN OF Street improvements 1716 WOODS, BURNING Time for firing woods 144 WRENS, TOWN OF Street improvements 1728 WRIGHTSVILLE See City Courts. Z ZONING See Chatham County; Fulton County; and local acts. Amendment to constitution, to authorize laws as to 127