Acts and resolutions of the General Assembly of the state of Georgia 1933 [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: RURALIST PRESS, Inc. 19330000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1933 19330000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA RURALIST PRESS, Inc., State Printer 1933

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TABLE OF TITLES PART I.GENERAL PUBLIC LAWS. TITLE I.GOVERNMENT. TITLE II.APPROPRIATIONS. TITLE III.CONSTITUTION; AMENDMENT PROPOSED. TITLE IV.CODE; ADOPTION; AMENDMENTS OR REPEALS. TITLE V.EDUCATIONSCHOOLS. TITLE VI.SUPERIOR COURTS. TITLE VII.MISCELLANEOUS CIVIL AND PENAL LAWS. PART II.LOCAL AND SPECIAL LAWS. TITLE I.CITY, COUNTY, AND MUNICIPAL COURTS. TITLE II.COUNTIES AND COUNTY MATTERS. TITLE III.SOLICITORS-GENERAL. PART III.PART III. TITLE I.MUNICIPAL CORPORATIONS. PART IV.PART IV.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1933 PART I.GENERAL PUBLIC LAWS.

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TITLE I. GOVERNMENT. ACT. Department of Public Health. DEPARTMENT OF PUBLIC HEALTH. No. 318. An Act to amend an Act entitled An Act to Simplify the operations of the Executive Branch of the State Government by abolishing certain offices, boards, departments, commissions, and institutions; creating others; redistributing the powers, duties, and functions of said Executive Branch among such offices, boards, commissions, and departments as are created herein or hereby retained; defining such powers, duties, and functions and coordinating the same; fixing salaries, terms of office, method of appointment and election, duties and qualifications of the personnel in charge thereof; repealing all laws and parts of laws in conflict herewith; and for other purposes, by amending Article 3 thereof so as to create a Board of Health; to provide and direct the manner of appointment of the members

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thereof; to fix the terms of office of the members; to provide for filling vacancies on said Board of Health; to provide for the election of a Director of Public Health; to provide for his salary, stipulate his qualifications, and to fix his term of office; to provide for the election of a Secretary of said Board of Health and to define his duties; to transfer to such Board of Health necessary powers, duties, and functions; to provide for attendance of members at meetings of the Board of Health, and to fix their compensation and mileage; to repeal all laws and parts of laws in conflict herewith; 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 of the General Assembly, approved August 28, 1931, and published upon pages 7 to 46, inclusive, of the published Acts of the General Assembly for 1931, and entitled, An Act to simplify the operations of the Executive Branch of the State Government by abolishing certain offices, boards, departments, commissions and institutions; creating others; redistributing the powers, duties and functions of said Executive Branch among such offices, boards, commissions and departments as are herein created or hereby retained; defining such powers, duties and functions and coordinating the same; fixing salaries, terms of office, method of appointment and election, duties and qualifications of the personnel in charge thereof; repealing all laws and parts of laws in conflict herewith, and for other purposes, be and the same is hereby amended as follows: Section 1. Be it enacted by the authority aforesaid, that all of Article 3, including Sections 14, 15, 16, 17, and 18 (Acts 1931, pages 11 and 12), be and the same are hereby stricken and repealed, and the following substituted in lieu thereof: Ga. L. 1931, pp. 11, 12; Sees. 14-18 repealed; substitute. Section 14. Be it further enacted by the authority

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aforesaid, that there is hereby created and established a department of the State Government to be known as the Department of Public Health, under the management and control of a Board of Health. New Sec. 14. Board of Health to control Department of Public Health. Section 15. The Board of Health shall be composed of 14 members, appointed by the Governor and confirmed by the Senate, four from the State at large and one from each Congressional District; provided that such appointments shall be made from lists of nominees submitted to the Governor by the governing bodies of the Medical Association of Georgia, the Georgia Dental Association, and the Georgia Pharmaceutical Association. The nominees submitted by the governing body of the Georgia Pharmaceutical Association shall be from the State at large, and shall be at least four in number, from which two appointments shall be made by the Governor. The nominees submitted by the governing body of the Georgia Dental Association shall be from the State at large, and shall be at least four in number, from which two appointments shall be made by the Governor. The nominees submitted by the Medical Association of Georgia shall be at least twenty in number, two from each Congressional District, from which ten appointments, one from each Congressional District, shall be made by the Governor. A majority of all the members of the Board shall, at all times, be practicing physicians in the State of Georgia. The Governor shall be ex officio a member of said Board of Health. Board of Health, how constituted. Nominations. Majority to be practising physicians. Section 16. The terms of office of the 14 members first appointed shall be as follows: two shall be appointed for a term ending September 1, 1934; two for a term ending September 1, 1935; two for a term ending September 1, 1936; two for a term ending September 1, 1937; three for a term ending September 1, 1938; three for a term ending September 1, 1939; and their successors shall be appointed for a full term of six years each. Terms of office.

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Section 17. In case of a vacancy, from any cause, of any member of the Board, the Governor shall fill the vacancy by appointment, to be confirmed by the next succeeding session of the Senate, from a list of at least two nominees submitted by the governing body of the organization named in Section 15, whose member has caused such vacancy. The Board of Health shall elect one of its members as Chairman, and one as Vice-Chairman. Vacancies. Chairman and Vice-Chairman. Section 18. Said Board shall elect a Director of the Department of Public Health, to devote his entire time to the work of the Department; to hold office for a term of six years; to be provided with suitable offices in the State Capitol, or elsewhere at the discretion of the Governor; to receive a salary of $5000.00 per annum, subject to a proportionate reduction with salaries of equal amount paid other State-House Officers, as may be ordered by Act of the General Assembly. Such Director shall give bond for the faithful performance of his duties and for the faithful accounting for all monies coming into his hands as Director of the Department of Public Health, in such amount and under such terms and conditions as may be prescribed by said Board of Health; provided, that such Director shall be a graduate physician authorized to practice medicine and surgery in this State, and who shall have had not less than five years experience in the practice of said profession; and provided further, that such Director of the Department of Public Health shall not be elected or appointed by said Board until the expiration of the term of the incumbent on January 1, 1936, until which time said incumbent shall continue in office as Director of the Department of Public Health under control of said Board of Health. Director of Department; election, term 6 years; salary $5,000. Bond. Qualifications. Beginning of term. Section 19. Said Board shall elect a Secretary, not a member thereof, from the clerical staff of the Department of Public Health, who shall serve without additional compensation for his duties as Secretary, and who shall keep accurate minutes of each meeting of said Board, submitting

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such minutes to the Chairman of the Board for his approval within ten days after adjournment of such meeting. Secretary of Board, how elected; duties. Section 20. The Board of Health shall establish such rules and regulations for its own direction as it may deem proper; may confer upon the Director of the Department of Public Health such duties and powers as it deems proper; the Board of Health herein created is vested with all of the powers, duties, privileges, and rights which by law existed in the State Board of Health prior to the Act approved August 28, 1931, abolishing the said State Board of Health. Provided, however, that no provision of this act shall be construed as giving said board jurisdiction over the State Tuberculosis Sanatorium at Alto, and/or the State Training School for Mental Defectives at Gracewood. Powers of Board. No jurisdiction over Sanatorium at Alto or Training School at Gracewood. Section 21. It shall be the duty of the members of the Board of Health to attend its meetings and take part in its deliberations; and should any member be engaged, at the time of any meeting of the Board, as counsel or party in any case pending in the courts of this State, and should such case be called for trial during the regular session of said Board, his absence to attend such session shall be good ground for a postponement or a continuance of the case until the session of the Board shall have come to an end. Duties of members. Postponement of case in court because of board meeting. Section 22. The office of any member of the Board shall be vacated if he neglects to furnish a good and satisfactory cause in writing to the Board for absence from two consecutive meetings of the Board. If any member for any cause fails to attend three consecutive meetings of the Board, without valid excuse or leave of absence from said Board or the Chairman or Vice-Chairman thereof, his office shall be declared vacant by the Board, and the Secretary shall in either event notify the Governor, the president of the organization named in Section 15 whose member has caused such vacancy, of a vacancy in the Board, and the same shall be filled as heretofore provided. Vacancy because of non-attendance.

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Section 23. The Board, through committees of not less than two of its members, shall make at least one annual inspection of each activity of the Department of Public Health, and report their findings and conclusions to the Board in writing. Committee inspections; reports. Section 24. The members of the Board shall each receive the sum of $7.00 for each day of actual attendance at the meetings of the Board, or on tours of inspection, in lieu of their personal expenses incurred thereby, and shall receive mileage to and from the place of meeting or place of visits and inspection, by the nearest practical route from their respective homes; such expenses and mileage to be paid by the State Treasurer out of the funds of the State, by executive warrant, on presentation of vouchers by the members of the Board, approved by the Chairman and signed by the Secretary. The members of the Board shall receive no emoluments or compensation for their service as such members. Per diem of members, $7; mileage; no other pay. Section 25. The office of State Registrar of Vital Statistics, as provided in an Act approved August 17, 1914 (see Acts 1914, page 157 et seq.) is hereby abolished, and the powers, duties, and functions of said office are hereby transferred to and vested in said Board of Health. Registrar of Vital Statistics; office abolished; duties transferred. Section 26. Under the direction and supervision of said Board of Health the Director of this Department may employ such clerks and assistants as may be provided for in an appropriation enacted for the support of said department. Clerks, etc. Section 2. Be it further enacted, that the remaining section of said Act be renumbered in accordance herewith. Section renumbered. Section 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 18, 1933.

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TITLE II. APPROPRIATIONS. ACTS. General State Government. Legislative Department APPROPRIATIONS FOR STATE GOVERNMENT No. 345. An Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the Common Schools of the State, for aid to the Counties for roads, and for the payment of the public debt and the interest thereon, for the calendar years 1934 and 1935; to provide for a reduction in the sums appropriated for certain purposes in the event of a deficiency in revenue in either of the periods covered under this Act; to suspend the operation of parts of Acts allocating certain revenue for special purposes, so that such revenues shall be paid into the General Fund of the State Treasury to reimburse the General Fund for the payment of appropriations herein made in fixed amounts in lieu of such allocated revenues; to provide that 3% of certain revenues allocated under existing laws for special purposes shall be paid into the general funds of the Treasury to reimburse the general government cost allocable to special purposes; and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia, and it is hereby enacted that the sums of money hereinafter set out, be and the same are hereby appropriated for the calendar years 1934 and 1935: Appropriations for years 1934, 1935.

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SECTION 1. AGRICULTURE, DEPARTMENT OF. For the Calender Year 1934 1935 (1) For expenses of operation $ 156,000.00 $ 156,000.00 Department of Agriculture; operation, Veterinarian. (2) For the expenses of operation of the Division of the State Veterinarian, to be used in eradicating cattle-tick, bovine tuberculosis, hog-cholera, and contagious diseases among live stock; in meat-market and slaughter-house inspection; in eradicating cattle-lice and B. W. D. in chickens $ 50,000.00 $ 50,000.00 Provided, said appropriation only to be expended upon requisition drawn and signed by the State Veterinarian, and it shall be illegal to expend any part of said sum otherwise. Requisitions. SECTION 2. AUDITS, DEPARTMENT OF. For the Calender Year 1934 1935 For expenses of operation $ 65,000.00 $ 65,000.00 Audits, department. SECTION 3. BANKING, DEPARTMENT OF. For the Calender Year 1934 1935 (1) For expenses of opereration 97% of the allocation fixed by law. Banking department.

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SECTION 4. COMPTROLLER-GENERAL (1) For expenses of opereration $110,000.00 $110, 000.00 Comptroller-General. Provided, that from the above amount appropriated shall be expended the necessary amounts to carry out the entire duties of the Department, with the exception of the expense incurred by the administration and collection of Motor-Carriers Tax Act. Provided further, that the Comptroller-General is hereby authorized and directed to pay into the General Funds of the State treasury of 1% of the gasoline and kerosene taxes collected, to cover the cost of collection and the expense of the Oil Inspection Bureau, which expense is provided for by the above appropriation. Provided further, that the Comptroller-General is hereby authorized and directed to pay into the general fund of the State Treasury the tax of 1/10 of 1% of premiums of Fire-Insurance Companies doing business in this State, for the purpose of maintaining a State Fire-Inspection Department. Expens is provided for by the above appropriation. Provisoes. Exception of expense of administering motor carriers tax Act. Proviso as to percentage of gasoline and kerosene taxes. Tax on fireinsurance premiums to maintain Fire-Inspection Department.

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SECTION 5. EDUCATION, DEPARTMENT OF. (1) For grants for aid of the common schools and consolidated schools under the provisions of the Barrett-Rogers Act $ 4,564,600.00 $ 4,564,600.00 Education Department. Provided, that the State Board of Education is authorized to make provisions from this sum for the maintenance of the common school, the State Department of Education and Vocational Rehabilitation, and the payment of County Superintendents, as provided by law. (2) For grants for aid to the common schools and consolidated schools under the provisions of the Common-School Equalization Act The allocation fixed by law. SECTION 6. ENTOMOLOGY, DEPARTMENT OF. For the expenses of operation $ 50,000.00 $ 50,000.00 Entomology Department. SECTION 7. FORESTRY AND GEOLOGICAL DEPARTMENT. (1) For expenses of operation for allocation to activities left in the discretion of Commission $ 50,000.00 $ 50,000.00 Forestry and Geology Department. (2) For the development of the paper pulp industry in this State $ 20,000.00 $ 20,000.00 Paper pulp industry.

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SECTION 8. GAME AND FISH, DEPARTMENT OF. For expenses of operation 97% of the allocations fixed by law. Game and Fish Department. SECTION 9. GOVERNOR. (1) For the expenses of operation of the Governor's Office $ 20,000.00 $ 20,000.00 Governor. (2) For expenses of operation of office of Supervisor of purchases $ 10,000.00 $ 10,000.00 Supervisor of Purchases. (3) For expenses of operation of office of keeper of public buildings and grounds, and provided that $1,000 shall be used to maintain the Confederate Cemetery at Marietta, Georgia $ 40,000.00 $ 30,000.00 Keeper of Public Buildings and Grounds. Confederate Cemetery at Marietta. (4) For payment of rewards $ 2,000.00 $ 2,000.00 Rewards. (5) For publishing notics required by law $ 10,000.00 $ 2,000.00 Publishing notices. (6) For publishing and distributing the Acts and Journals of the General Assembly and the Codes of Georgia $ 15,000.00 $ 15,000.00 Publishing Acts, Journals, Codes. (7) For an Emergency Fund for allotment under the provisons of Section 8 of the Budget Act $ 75,000.00 $ 75,000.00 Emergency fund. (8) For insurance of public property $ 5,000.00 $ 5,000.00 Insurance. Provided, that the Governor shall insure the State's property as provided by law, and the Board or Department in control of the property shall be charged with and shall pay out of the funds apporpriated thereto the premiums on such insurance.

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SECTION 10. HIGHWAYS, DEPARTMENT OF. (1) For the administrative expenses of operation of the department and for the construction and maintenance of State road system 97% of the allocations fixed by law. Highway Department. SECTION 11. INDUSTRIAL RELATIONS, DEPARTMENT OF. (1) For expenses of operation of the Division of Commerce and Labour $ 10,000.00 $ 10,000.00 Industrial Relations Department. (2) For expenses of operation for administering the Workmen's Compensation Act Allocations fixed by law.

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SECTION 12. LAW, DEPARTMENT OF For the expenses of operation $ 30,000.00 $ 30,000.00 Law Department. SECTION 13. LIBRARY. (1) For printing and distributing the reports of the Supreme and Appeals Courts $ 10,000.00 $ 10,000.00 Library, Law reports. (2) For the expenses of other operations $ 8,000.00 $ 8,000.00 Expenses. Provided, that the salary of the State Librarian shall not exceed the sum of $2,400.00 per annum; and provided further, tht said sum shall include all compensation and emoluments paid to said State Librarian, and that all fees received by the office of State Librarian for commissioning Notary Publics shall be paid into the Treasury of this State. Pay of Librarian. SECTION 14. LIBRARY COMMISSION. For the expenses of operation $ 10,000.00 $ 10,000.00 Library Commission. Provided, that $1,500.00 annually shall be expended for new books. New books. SECTION 15. MILITARY, DEPARTMENT OF. For the expenses of operation and aid to the military organizations $ 40,000.00 $ 40,000.00 Military Department.

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SECTION 16. NAVAL STORES SUPERVISING INSPECTOR. For the compensation of the supervising naval stores inspector 97% of allocations fixed by law. Naval Stores Inspector. SECTION 17. PRISON COMMISSION. (1) For the expenses of operation of Commission $ 30,000.00 $ 30,000.00 Prison Commission. (2) For expenses of operation of Prison Farm in Baldwin County $ 90,000.00 $ 90,000.00 Prison Farms. (3) For expenses of operation of Prison Farm in Tattnall County $ 15,000.00 $ 15,000.00 (4) For Maintenance of the State Prison Farm in Tattnall County for the year 1933, $10,000, to be available immediately upon the passage of this Act. SECTION 18. PUBLIC HEALTH, DEPARTMENT OF. For expenses of operation $ 125,000.00 $ 125,000.00 Health Department. Provided, that the tuberculosis clinic and trachoma work shall be continued.

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SECTION 19. PUBLIC-SERVICE COMMISSION. For expenses of operation Allocations fixed by law. Public Service Commission. SECTION 20. REVENUE COMMISSION. (1) For expenses of operation of Cigar and Cigarette and Delinquent-Tax Divison $ 85,000.00 $ 85,000.00 Revenue Commission. (2) For expenses of operation of Income-Tax Division $ 80,000.00 $ 80,000.00 (3) For expenses of operation of Motor-Vehicle Registration Division, not including the expense of the manufacture of tags $ 90,000.00 $ 90,000.00 Provided further, that the official administering the Motor-Vehicle Tax laws is hereby authorized and directed to pay into the general fund of the State Treasury 5% of the total net collections derived from the Motor-Vehicle Act, which expenses of collection is provided for by the above appropriation. Proviso as to percentage of collections from motor-vehicle taxes, to go to State Treasury. SECTION 21. SECRETARY OF STATE. (1) For expenses of operations to administer laws regulating the practice of professions Allocations fixed by law. Secretary of State. (2) For expenses of operations to administer the Securities Law 97% of allocations fixed by law. (3) For expenses of other operations, including the division of Archives and History $ 26,750.00 $ 26,750.00 Provided, that of this sum the sum of $6,750.00, for each of the years 1934 and 1935, shall be used for maintaining a Department of Archives and History. Provided further, that the salary of Director is fixed at $2400. Department of Archives and History.

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SECTION 22. STATE TREASURER. (1) For the Sinking-Fund for payment of the principal of the public debt Allocation fixed by law. State Treasurer. (2) For the interest on the fixed public debt, including the constitutional debt to the University of Georgia $ 205,000.00 $ 198,000.00 Interest on public debt. (3) For interest on current loans $ 150,000.00 $ 150,000.00 Interest on current loans. (4) For redemption of Western and Atlantic Railroad rental discounts Allocation fixed by law. W. A. rental discounts. (5) For grants to counties for aid on county-road construction and maintenance 97% of allocation fixed by law. Aid on county-road work. (6) For expenses of operation of State Treasury $ 26,000.00 $ 26,000.00 Operation of treasury. Provided, that the salary of the State Treasurer shall be $6,000.00 annually. Salary of Treasurer. (7) For expenses of operation of the Supreme Court $ 73,000.00 $ 73,000.00 Supreme Court. (8) For expenses of operation of Court of Appeals $ 74,000.00 $ 74,000.00 Court of Appeals. (9) For salaries and fees of judges, and solicitors-general of Superior Courts $ 206,000.00 $ 206,000.00 Superior Court Judges; Solicitors-General. (10) For compensation and mileage of the President and Members of the Senate and of the Speaker and Members of the House of Representatives, for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, of the Messengers and Doorkeepers of the Senate and the House of Representatives, a s fixed by law; for the travel expenses of members of the legislative committees; and or supplies, repairs, printing, and other incidential expenses of the General Assembly $ 192,000.00 General Assembly.

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SECTION 23. VETERANS' SERVICE OFFICE. (1) For pensions to Confederate soldiers and widows, for funeral expenses and for fees of ordinaries for pension workThe allocation fixed by law. Confederate Veterans and widows, etc. (2) For expenses of operation of the Department $ 25,000.00 $ 25,000.00 Operation of Department. SECTION 24. ELEEMOSYNARY INSTITUTIONS, BOARD OF CONTROL OF. (1-a) For expenses of operation of the office of the Board of Control $ 15,000.00 $ 15,000.00 Board of Control. (1-b) For Division of Public Welfare $ 20,000.00 $ 20,000.00 Public Welfare Division. (2) For expenses of operation of the Milledgeville State Hospital $ 1,100,000.00 $ 1,100,000.00 Milledgeville State Hospital. (3) For the expenses of operation of the Tuberculosis Sanatorium $ 235,000.00 $ 235,000.00 Tuberculosis Sanatorium. (4) For expenses of operation of School for Mental Defectives $ 65,000.00 $ 65,000.00 School for Mental Defectives. (5) For expenses of operation of School for the Deaf $ 75,000.00 $ 75,000.00 School for Deaf. (6) For the expenses of operation of Academy for the Blind $ 38,000.00 $ 38,000.00 Academy for Blind. (7) For expenses of operation of Training School for Boys $ 35,000.00 $ 35,000.00 Training School for Boys. (8) For the expenses of operation of the Training School for Girls $ 35,000.00 $ 35,000.00 Training School for Girls. (9) For the expenses of operation of the Confederate Soldiers' Home, and the weekly allowance to inmates provided by law $ 15,000.00 $ 15,000.00 Soldiers' Home.

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SECTION 25. UNIVERSITY SYSTEM, REGENTS OF. For the expenses of operation of the office of the Regents and for aid to the University System $ 1,500,000.00 $ 1,500,000.00 University System. Section26. Be it further enacted, that in the event that the revenue receipts of the State Treasury available for paying the fixed sum appropriations herein made should be less than the total sum of such appropriations in either of the

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periods covered under this Act, then the fixed amounts herein appropriated for that period shall be paid in full for the following purposes: For insurance on public property, for the interest on the fixed public debt, for the interest on current loans, and for the expenses of the Judicial and Legislative branches: and the fixed sums appropriated for all other purposes for that period shall be reduced pro rata in the amount of the deficiency of revenue receipts for the period. The sum so stricken under provisions of this section are hereby declared annulled, and the sums remaining after the application of the provisions of this section shall be the appropriations for the purposes named in this Act, in lieu of the amounts therein fixed and set out. Section 26-a. All unpaid appropriations for the years prior to 1932 made under the General Appropriations Acts, approved August 23, 1927, August 30, 1929, August 28, 1931, and the Acts approved August 28, 1929, appropriated for a new building for the Milledgeville State Hospital, are hereby repealed in the amount of the excess of such unpaid appropriations to any department or institution over the amount of the indebtedness on December 31, 1932, of such department or institution; and provided, that the appropriations for common schools and for the payment of pensions shall not be affected by the provisions of this section. Unpaid appropriations, repeal of. Proviso as to schools and pensions. Section 27. Be it further enacted, that wherever in this Act fixed sums are appropriated for purposes for which State revenues are allocated under existing laws, such fixed sums are in lieu and/or inclusive of such allocated revenues, and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended during the period for which fixed sum appropriations are provided under the within Act; and the State agencies charged with the duty of collecting the revenues affected by the provisions of this section be and they are hereby directed to pay all of said revenues into the general funds of the State Treasury, and the State Treasurer is directed to transfer any balances held

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in the special funds to the general funds at the close of the calendar year 1933, from which general funds shall be paid the fixed-sum appropriations under the provisions of this Act; provided, that the allocation of the Motor-Carriers Mileage Tax to the State Aid-Road Fund shall not be affected by the provisions of this section. Appropriations in lieu of allocated revenues. Proviso as to motor-carriers mileage tax. Section 28. Be it further enacted, that whenever in this Act there is appropriated 97% of the allocations fixed by law for purposes for which said revenues are allocated under existing laws, the operation of all such laws in excess of 97% appropriated in this Act are herein suspended for the years 1934 and 1935; and the State Agencies charged with the duty of collecting the revenues affected by the provisions of this section be and they are hereby directed to pay 3% excess over the amount appropriated into the general fund of the State Treasury, to reimburse the general funds for general governmental expenses, legislative and judicial, and executive costs of levying, collecting, disbursing, auditing, budget control, and the custody of such allocated funds. Allocated revenues: [Illegible Text] to general fund in Treasury. Section 29. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 24, 1933. APPROPRIATION FOR LEGISLATIVE DEPARTMENT. No. 372. An Act to appropriate money for the maintenance of the Legislative Department for the year 1933, in addition to that already appropriated; and for other 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 sum of thirty thousand ($30,000.00)

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dollars, in addition to the one hundred sixty ($160,000.00) thousand dollars heretofore appropriated, is hereby appropriated for the maintenance of the Legislative Department for the year 1933, making the total appropriation for the Legislative Department for the year. 1933 one hundred ninety thousand ($190,000.00) dollars, the same to be paid out of any available funds in the Treasury, these funds to be immediately available. Appropriation for Legislative Department. Section 2. Be it further enacted, that the further sum of two thousand ($2,000.00) dollars, or so much thereof as may be necessary, be appropriated to be expended as expenses and per diem of the Georgia School Code Commission, said Commission being created under authority of House Resolution No. 100-634B of the General Assembly of 1931, the same to be paid out of any available funds in the Treasury, these funds to be immediately available. School-Code Commission expenses. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 24, 1933.

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TITLE III. CONSTITUTION: AMENDMENT PROPOSED. ACT. Spalding County Temporary Loans. SPALDING COUNTY TEMPORARY LOANS. No. 144. 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 Spalding County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one 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 paragraph in the following words, to wit: And except that Spalding 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

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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; amendment of. Temporary loans for Spalding County. Section 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 publish 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, authorizing Spalding County 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 Spalding 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 seve, Paragraph one, of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law; provided, that this special amendment to the Constitution shall not become effective if, at the same general election in which this special amendment is submitted to the qualified voters of the State, a general amendment to the Constitution of Georgia shall be adopted by the qualified voters of the State, authorizing all that is authorized by this amendment. Submission to popular vote. Form of ballot. Proclamation. Not effective if covered by general amendment adopted at same election. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1933.

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TITLE IV. CODE; ADOPTION; AMENDMENTS OR REPEALS. ACTS. Code of Georgia of 1933 Adopted. Elections, Hours for ( 80). Garnishment of Wages, Judgment before ( 5265). Grain Weights in Packages ( 1868). Kidnapping, Punishment for (P. C. 111). Municipal Officers' Elections. Municipal Tax-AssessorsAppeal ( 862). Perjury, Punishment for (P. C. 260). Road Duty; Exemption in Certain Counties ( 695). Road Duty; Exemption in Certain Counties ( 695). Road Duty; Exemption in Certain Counties ( 695). Road Duty; Exemption in Certain Counties ( 695). Road Duty; Exemption in Certain Counties ( 695). Road Duty; Exemption in Certain Counties ( 695). Salaries of City-Court Judges ( 4831). Tax-Collectors' Bonds; Amount ( 1207). Tax-Collectors Ex-Officio Sheriffs ( 1225). Tax Lien; Payment and Release ( 1140). Vide Laws under Title VII, infra. CODE OF GEORGIA OF 1933 ADOPTED. No. 293. An Act to adopt and make of force the Code of Laws approved by the Code Commission appointed under resolution approved August 27, 1929; to provide for the inclusion in said Code of all laws and resolutions of a general nature, adopted since the completion of the manuscript of said Code; to authorize the Code Commission to contract for the publication of said Code, and

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for the furnishing of copies thereof for the use of the officers of the State, and for distribution thereof; and for other purposes. Section 1. Be is enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Code of Laws which was prepared under the editorial supervision of Orville A. Park and Harry S. Strozier, under the direction of the Code Commission created by joint resolution approved August 27, 1929, and composed of Hon. S. Price Gilbert, Associate Justice of the Supreme Court, Hon. Nash R. Broyles, Chief Judge of the Court of Appeals, Hon. Richard B. Russell, Jr., Speaker of the House, Hon. W. Cecil Neill, President of the Senate, and Hon. George W. Stevens, Reporter of the Supreme Court, and which was approved by said Commission after it was so prepared, be and the same is hereby adopted and made of force as the Code of Georgia, having the effect of statutes enacted by the General Assembly of this State. Adoption of Code of Georgia. Section 2. Be it further enacted by the authority aforesaid, that the said Code shall contain all Acts and Resolutions of a general nature and approved since the approval of the manuscript of the said Code by the Code Commission, including all Acts and Resolutions of a general nature which have been or may be adopted and approved at the present session, all of said Acts and Resolutions to be properly placed and classified under the supervision of the Code Commission, said Commission being hereby given authority to place the same in the Code and to make whatever changes may be rendered necessary in the existing laws of the passage of any of said Acts and Resolutions. Inclusion of legislation at this session of General Assembly. Authority as to changes. Section 3. Be it further enacted by the authority aforesaid, that the said Code of Laws shall go into effect on the proclamation of the Governor, made upon the completion of the publication [Illegible Text] delivery of copies thereof, as hereinafter provided, to the State Librarian, and that it shall be known as the Code of Georgia of 1933. Effective on proclamation of Governor. To be Code of 1933.

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Section 4. Be it further enacted by the authority aforesaid, that the Code Commission shall be continued until the final completion of the Code, and its final approval by the Code Commission, the publication thereof, and the delivery to the State of copies as hereinafter provided; and that the President of the present Senate and the Speaker of the present House of Representatives be made ex-officio members of said Commission, taking the place of their predecessors in office. Commission continued until completion of Code. New members ex-officio. Section 5. Be it further enacted by the authority aforesaid, that the Code Commission be authorized to enter into a contract for the compilation and completion of the manuscript as hereinbefore provided, by the inclusion of a codification of the laws adopted since the compilation of the manuscript and its approval by the Code Commission, and including a comprehensive general index, and such other matter as to the Code Commission may seem advisable, and to contract for the publication of the said Code, and for the delivery to the State of five hundred forty-one copies at a cost of not exceeding $10.00 per copy. Authority to contract for completion, index, publication. Copies for State, $10 each. Section 6. Be it further enacted by the authority aforesaid, that the Code Commission shall have the said Code copyrighted in the name of the State of Georgia, but may authorize the publishers to use any or all of the copyrighted matter in other publications. Copyright. Section 7. Be it further enacted by the authority aforesaid, that the five hundred forty-one copies of the Code shall be delivered at the State Library in the Capitol, and said copies shall be distributed by the State Librarian to those State and County officers and others who now receive, under the authority of law, the Reports of the Supreme Court and the Court of Appeals of Georgia. Distribution to State and county officers. Section 8. Be it further enacted by the authority aforesaid, that the said Code shall be sold by the publishers to the public at a price not exceeding $15.00 per copy. Price to public limited to $15.

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Section 9. 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 March 24, 1933. ELECTIONS, HOURS FOR. No. 316. An Act to amend section 80 of the Civil Code of Georgia (1910), as amended by an Act approved August 20, 1927, entitled 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 (Georgia Laws 1927, page 130), by adding a new section and numbering said new section 80 (c), providing the hours that certain election precincts shall remain open in incorporated towns other than the countysite, having a population of not less than 3,357 or more than 3,360; and for other purposes. Section 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 80 of the Civil Code of Georgia (1910), as amended by an Act approved August 20, 1927, and which constitutes section 80 (b) of the Civil Code of Georgia (1910), be and the same is hereby amended by adding a new section numbered 80 (c), which shall read as follows: C. C. (1910), 80, amended by adding 80 (b). Section 2. In all incorporated towns or cities in the State of Georgia, having, by the 1930 census or any future census of the United States, a population of not less than 3,357 or more than 3,360, whether county-site, election precincts, or otherwise, shall keep their polls open on all

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election days, whether general, special, primary, or otherwise, from 7 o'clock a. m. to 6 o'clock p. m. Election hours in towns of 3357 to 3360 population. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. GARNISHMENT OF WAGES, JUDGMENT BEFORE. No. 180. An Act to amend section 5265 of the Code of 1910; to provide that no garnishment shall issue against the daily, weekly, or monthly wages of any person residing in this State until after a final judgment has been obtained; to repeal all laws in conflict herewith; and for other purposes. Section 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 5265 of the Civil Code of Georgia, adopted August 15th, 1910, be and the same is hereby amended by adding the following words after the period in said section: Provided, however, no garnishment shall issue against the daily, weekly, or monthly wages of any person residing in this State until after final judgment has been had against said defendant, so that said section when so amended will read as follows: C. C. (1910), 5265, amended. Garnishment of wages not to issue before judgment. 5265. Garnishment. In cases where suit is pending, or where judgment has been obtained, the plaintiff shall be entitled to the process of garnshiment under the following regulations: Provided, however, no garnishment shall issue against the daily, weekly or monthly wages of any person

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residing in this State until after final judgment has been had against said defendant; provided further, that nothing in this Act shall be construed as abridging the right of garnishment in attachment as now exists by law before judgment is obtained. Section as amended. Section 2. Provided, that nothing herein shall alter, change, or interfere with the right to the issuance of garnishment, as against any debt now existing, or heretofore incurred. Proviso as to existing debts. Approved March 16, 1933. GRAIN WEIGHTS IN PACKAGES. No. 311. An Act to amend section 1868 of the Code of Georgia of 1910, regarding weights in barrels and sacks for flour, grits, etc., by providing that sacks shall contain the pounds of flour, grits, or corn-meal, clearly designated on said sack or sacks; and for other purposes. Be it enacted, that the Code section 1868 of the Code of Georgia of 1910 be amended by adding at the end of said section the following words: And when packed in sacks smaller than six (6) pounds, such sacks shall have the number of pounds contained clearly designated on the outside of the sack. So that said Section when amended shall read as follows: C. C. (1910), 1868, amended. 1868. Weight in barrels and sacks. Every miller, bolter, blender, or mixer, or other person who manufactures or who buys flour, grits, or corn-meal, for the purpose of repacking, shall put into each barrel the full quantity and weight of one hundred and ninety-six pounds of flour, grits, or corn-meal. When flour, grits, or corn-meal is packed in sacks, the gross weight shall be as follows: sacks containing 140 pounds, sacks containing 280 pounds, halfbarrel

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sacks, 96 pounds, quarter-barrel sacks, 48 pounds, eighth-barrel sacks, 24 pounds, sixteeth-barrel sacks, 12 pounds, thirty-second-barrel sacks, 6 pounds; and when packed in smaller sacks than 6 pounds, shall have the number of pounds net weight clearly designated on outside of sack, so that the amount contained is clearly indicated and protects the purchaser from fraud. Weight of flour, etc., to be on sack, when. Section 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 March 24, 1933. KIDNAPPING, PUNISHMENT FOR. No. 143. An Act to amend section 111 of the Penal Code of Georgia of 1910 which fixes the punishment for the offense of kidnapping, by increasing the maximum penalty for the offense of kidnapping for ransom to twenty (20) years; to repeal all laws in conflict herewith; and for other purposes. Section 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 111 of the Penal Code of Georgia for 1910 be, and the same is hereby, amended by adding a proviso at the end of said section 111 in words and figures, as follows, to wit: Provided that kidnapping for ransom is punishable by imprisonment and labor in the penitentiary for not less than four (4) years, nor more than twenty (20) years; so that said section 111 of the Penal Code of Georgia of 1910 when so amended shall read as follows, to wit: 111. Punishment. Kidnapping is punishable by imprisonment and labor in the penitentiary for not less than four (4) years, nor more than seven (7) years; provided that kidnapping for ransom is punishable

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by imprisonment and labor in the penitentiary for not less than four (4) years, nor more than twenty (20) years. P. C. (1910), 111, amended. Kidnapping punishment increased. Section 2. Be it further enacted, and it is hereby enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. MUNICIPAL OFFICERS' ELECTIONS. No. 60. An Act to repeal section 913 of the Code of Georgia of 1910, providing for the time for the election of all officers of incorporated cities of this State having not less than fifty thousand (50,000) inhabitants and not more than seventy-five thousand (75,000) inhabitants, according to the census of the United States, and for other 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 913 of the Code of Georgia of 1911, providing for the time for the election of all officers of incorporated cities in this State having not less than fifty thousand (50,000) inhabitants nor more than seventy-five thousand (75,000) inhabitants, according to the census of the United States, now elective by the mayor and aldermen of said cities, be and the same is hereby repealed. C. C. (1910), 913, repealed. Election of officers in cities of 50,000 to 75,000 population. Approved February 22, 1933. MUNICIPAL TAX-ASSESSORS. No. 63. An Act to amend section 862 of the Code of Georgia of 1910, which makes provision for the mayor and council in each town and city of the State, at their option, to

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elect three freeholders as tax-assessors, who shall value and assess all the property within said town or city for taxation, by adding a proviso at the end of said section, that, in cities having a population of not less than 85,000 nor more than 125,000 by the census of the United States, the mayor and council shall have the right to provide for an appeal from the decision of said tax-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 section 862 of the Code of Georgia of 1910 be and the same is hereby amended by adding at the end of said section the following: Provided further, that, in cities having a population of not less than 85,000 nor more than 125,000 by the census of the United States, the mayor and council shall have the right, power, and authority to provide by ordinance for an appeal from the decision of said assessors to a board of appeals, to provide for and create such board of appeals, to prescribe rules and regulations for entering such appeals, and to provide that the decision of said board of appeals shall be final; so that when said section of the Code is amended it will read as follows: C. C. (1910), 862, amended. Appeal from tax assessors in city of 85,000 to 125,000 population. 862. 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 each town or city are authorized, at their option, to elect three freeholders residing in the town or city, as assessors, who shall value and assess all the property within said town or city liable for taxation. All persons dissatisfied with the value placed on their property shall appear before said assessors and produce testimony as to the value of property, and the decision of said assessors, after hearing the evidence, shall be final; Provided, that this section shall not affect towns or cities now having the power to appoint assessors. Provided further, that, in cities having a population of not less than 85,000 nor more than 125,000 by the census of the United

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States, the mayor and council shall have the right, power, and authority to provide by ordinance for an appeal from the decision of said assessors to a board of appeals, to provide for and create such board of appeals, to prescribe rules and regulations for entering such appeals, and to provide that the decision of said board of appeals shall be final. Section as amended. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. PERJURY, PUNISHMENT FOR. No. 350. An Act to amend section 260 of the Penal Code of Georgia for 1910, relating to the punishment for the offense of perjury, by reducing the minimum sentence for the offense of perjury from four years to two years; to repeal all laws in conflict herewith; and for other 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 260 of the Penal Code of Georgia of 1910, relating to the punishment for the offense of perjury, be and the same is hereby amended by striking from said section the words and figures not less than four years, and by inserting in lieu thereof the following words and figures, not less than two years; so that when amended said section 260 shall read as follows: Any person who shall commit the crime of perjury shall be punished by imprisonment and labor in the penitentiary for not less than two years, nor longer than ten years. P. C. (1910), 260, amended. Perjury punishment minimum 2 years. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and they hereby are repealed. Approved March 24, 1933.

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ROAD DUTY IN CERTAIN COUNTIES. No. 51. An Act to repeal section 695 (uu-23) volume 1 of the Code of Georgia, enumerating the persons subject to road duty in Georgia, as amended by the Act approved August 15th, 1922, relating to road taxes in certain counties, from the provisions 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 695 (uu-23) of volume 1 of the Code of Georgia, providing an enumeration of the persons subject to road duty in Georgia, as amended by the Act approved August the 15th, 1922, relating to road tax in certain counties of Georgia, be and the same is hereby amended by an exception from the provisions thereof of any and all counties of the State of Georgia having a population, by the census of the United States of 1930, of between 12,323 and 12,328, so that the citizens of such counties may not be required, under said section, to work on the public roads, or pay a tax in lieu thereof. Amendment to Code, 695, as amended. Road duty not required in county of between 12323 and 12328 population. Section 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 is hereby repealed. Approved February 22, 1933. ROAD DUTY IN CERTAIN COUNTIES. No. 114. An Act to amend section 695 of the Civil Code of Georgia of 1910, and all acts amendatory thereof, so as to vest a discretion in the commissioners of roads and revenues of certain counties, of the officers having in charge county matters, pertaining to requiring road duty performed

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and road taxes paid, as provided in said section; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section 695 of the Civil Code of Georgia for 1910, and all acts amendatory thereof, are hereby amended by adding the following proviso to said section: Amendment to Code, 695, as amended. Section 1. Provided, however, the commissioners of roads and revenues, or other officers having in charge county matters, in counties of this State having a population of between 14,997 and 15,000 inhabitants according to the census of the United States for 1930, or any future census, need not require said road duty performed or road tax paid as now required by law during any one year, if in his discretion the necessity therefor does not exist. Road duty in county of between 14997 and 15000 population. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 2, 1933. ROAD DUTY IN CERTAIN COUNTIES. No. 149. An Act to amend section 695 of the Political Code of Georgia, 1910, enumerating who is subject to road duty or commutation tax in lieu thereof, as amended by the Act approved August 15, 1922, related to road taxes in certain counties, by excepting certain counties from the provisions thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that section 695 of the Political Code of Georgia, providing an enumeration of the persons subject to road duty in Georgia, or the payment of commutation tax in lieu

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thereof, as amended by the Act approved August 15, 1922, relating to road tax in certain counties of Georgia, be and the same is hereby amended by adding to said section as amended the following words: Amendment to Code, 695, as amended. Provided, that there is excepted from the provisions of said section any and all counties of the State of Georgia having a population, by the census of the United States of 1930, of between seven thousand three hundred eighty-five (7,385) and seven thousand three hundred ninety (7,390); so that the citizens of such counties may not be required, under this section to work on the public roads, or pay a tax in lieu thereof. Road duty in county of between 7385 and 7390 population. Section 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 March 10, 1933. ROAD DUTY IN CERTAIN COUNTIES. No. 152. An Act to amend section 695 of the Civil Code of Georgia of 1910, and all acts amendatory thereof, so as to vest a discretion in the commissioners of roads and revenues of certain counties, or the officers having in charge county matters, pertaining to requiring road duty performed and road taxes paid, as provided in said section; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section 695 of the Civil Code of Georgia for 1910, and all Acts amendatory thereof, are hereby amended by adding the following proviso to said section: Amendment to Code, 695, as amended. Provided, however, the commissioners of roads and

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revenues, or other officers having in charge county matters, in counties of this State having a population of between 70,000 and 71,000 inhabitants according to the census of the United States for 1930, or any future census, need not require said road duty performed or road tax paid as now required by law during any one year if in his discretion the necessity therefor does not exist. Road duty in counties of between 70000 and 71000 population. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. No. 383. An Act to amend section 695 of the Political Code of Georgia, 1910, enumerating who is subject to road duty or commutation tax in lieu thereof, as amended by the Act approved August 15, 1922, related to road taxes in certain counties, by excepting certain counties from the provisions thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that section 695 of the Political Code of Georgia, providing an enumerating of the persons subject to road duty in Georgia, or the payment of commutation tax in lieu thereof, as amended by the Act approved August 15, 1922, relating to road tax in certain counties of Georgia, be and the same is hereby amended by adding to said section as amended the following words: Provided, that there is excepted from the provisions of said section any and all counties of the State of Georgia having a population, by the census of the United States of 1930 or any future census, of between twenty-one thousand, three hundred twenty-five (21,325) and twenty-one thousand, three hundred thirty-five

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(21,335); so that the citizens of such counties may not be required, under this section, to work on the public roads, or pay a tax in lieu thereof. Amendment to Code, 695, as amended. Road duty in county of between 21325 and 21335 population. Section 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 March 24, 1933. ROAD DUTY IN CERTAIN COUNTIES. No. 392. An Act to amend section 695 of the Political Code of Georgia, 1910, enumerating who is subject to road duty or commutation tax in lieu thereof, as amended by the Act approved August 15, 1922, related to road taxes in certain counties, by excepting certain counties from the provisions thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that section 695 of the Political Code of Georgia, providing an enumeration of the persons subject to road duty in Georgia, or the payment of commutation tax in lieu thereof, as amended by the Act approved August 15, 1922, relating to road tax in certain counties of Georgia, be and the same is hereby amended by adding to said Section as amended the following words: Provided that there is excepted from the provisions of said section any and all counties of th State of Georgia having a population, by the census of the United States of 1930 or any future census, of between seven thousand and fifteen (7,015) and seven thousand and twenty five (7,025); so that the citizens of such counties may not be required, under this section, to work on the public roads, or pay a tax in lieu thereof. Amendment to Code, 695, as amended. Road duty in county of between 7015 and 7025 population.

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Section 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 March 24, 1933. SALARIES OF CITY-COURT JUDGES. No. 145. To be entitled An Act to amend section 4831 (1) of the Code of 1910, which provides that The salary of the judge shall not be increased or diminished during his term of office, except to apply to a subsequent term. It shall be paid monthly out of the treasury of the county, by adding thereto the following language: Provided, however, that the Legislature, in its discretion, may increase or decrease the salary of any city-court judge in the State during his term of office, in counties having a population of not less than 71,000 and not more than 74,000, according to the census of 1930 or any future census. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the approval of this Act, section 4831 (1) of the Code of 1910 be and the same is hereby amended by adding thereto the following language: Provided, however, that the Legislature, in its discretion, may increase or decrease the salary of any city-court judge in the State during his term of office, in counties having a population of not less than 71,000 and not more than 74,000, according to the census of 1930 or any future census; so that said section when amended, shall read as follows: Park's Code, 4831 (1); amendment. Change of city court judge's salary in counties of 71000 to 74000 population. The salary of the judge shall not be increased or diminished during his term of office, except to apply to a subsequent term. It shall be paid monthly out of the treasury of

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the county. Provided, however, that the Legislature, in its discretion, may increase or decrease the salary of any city-court judge in the State during his tm of office, in counties having a population of not less than 71,000 and not more than 74,000, according to the census of 1930 or any future census. Section as amended. Section 2. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1933. TAX-COLLECTORS' BONDS; AMOUNT. No. 255. An Act to amend section 1207 of the Civil Code of 1910, providing for the amount of the bonds of tax-collectors of this State, by providing the amount of the bonds of the tax-collectors and tax-commissioners of this State; to repeal section 1220 of the Civil Code of 1910, relating to the amount of the bonds of tax-collectors in counties having a population of more than thirty thousand (30,000); and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that section 1207 of the Civil Code of 1910, providing the amount of the bonds of tax-collectors of this State, be and the same is hereby amended by striking the words He shall also in the first line of said section, and inserting in lieu thereof the words Tax-commissioners and tax-collectors shall; by striking the words sixty in the second line of said section, and inserting in lieu thereof the word forty; by striking the comma after the word Ordinary in the eighth line of said section, and adding the words or other officials in charge of county affairs; by striking the words as collector of the county tax in lines

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nine and ten of said section, and inserting in lieu thereof the words as tax-collector or tax-commissioner for the collection of county tax; by striking the comma after the word ordinary in the last line of said section, and inserting the words or other county officials; by striking the words not to exceed fifty thousand dollars in the last line of said section, and inserting the following: provided, however, that in no case shall the bond required on behalf of the State exceed fifty thousand dollars, or the bond required on behalf of the county exceed twenty-five thousand dollars; so that said section 1207 of the Civil Code of 1910, as amended, shall read as follows: C. C. (1910), 1207, amended. Amount of bond. 1207. Tax-collectors and tax-commissioners shall give bond and security for forty per cent. of the State tax supposed to be due from the county for the year for which said officer is required to give bond, the amount of bond to be filled up by the Comptroller-General before being sent out to the county from the executive office; and shall give another bond with sufficient security, payable to the Ordinary or other officials in charge of county affairs, conditioned for the faithful performance of his duties as tax-collector or tax-commissioner for the collection of the county tax, in a sum to be fixed by such Ordinary or other county officials; provided, however, that in no case shall the bond required on behalf of the State exceed fifty thousand dollars, or the bond required on behalf of the county exceed twenty-five thousand dollars. Section as amended. Section 2. Be it further enacted, that section 1220 of the Civil Code of 1910, providing as follows: Each of the tax-collectors of such counties in this State as have a population of thirty thousand or more shall enter into two bonds, one to the State for fifty thousand dollars, with good and approved security, as now required by law, and one to the county in the sum of twenty-five thousand dollars, with like approved security, as now required by law, for the faithful performance of the duties of such tax-collectors, be and the same is hereby repealed. Repeal of 1220, C. C. (1910).

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Section 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 March 23, 1933. TAX-COLLECTORS EX-OFFICIO SHERIFFS. No. 49. An Act to amend section 1225 of the Civil Code of 1910, so as to provide that all the conditions of said section shall apply to counties in this State with a population of not less than 15,410 and not more than 15,412, according to the census of 1930; 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 1225 of the Civil Code of 1910 shall be amended by inserting in line 3 of said section, between the word more and the word shall, the following words: And also all counties of said State having a population of not less than 15,410 and not more than 15,412, according to the census of 1930; so that when said section is thus amended it will read as follows: C. C. (1910), 1225, amended. 1225. (958). Collector ex-officio sheriffs in some counties. The tax-collectors of counties which contain a population of one hundered and twenty-five thousand or more, and also all counties of said State having a population of not less than fifteen thousand four hundred and ten and not more than fifteen thousand four hundred and twelve, according to the census of 1930, 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

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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. Collectors ex-officio sheriffs in counties of 15410 to 15412 population. Section 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 February 22, 1933. TAX LIEN; PAYMENT AND RELEASE. No. 312. An Act to amend an Act entitled An Act to amend section 1140 of the Civil Code of 1910, so as to allow the owner or the holder of any equity, lien, or interest in or on property that has been returned or assessed with other property for taxes, to pay the taxes assessed against such property, to secure a release of same from such lien for taxes; to require the official charged with the collection of taxes or the transferee of such lien to accept payment and execute a release of said property from said lien, and to provide a fee for such service; and for other purposes, passed by the General Assembly at its regular session in 1931 and approved August 25, 1931, published in Georgia Laws for 1931, pages 122-3, so that said Act

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shall apply to taxes due before the passage of the Act of 1931 as well as taxes accruing after the passage of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly of Georgia, passed at its regular session in 1931 and approved August 25, 1931, published in Georgia Laws for 1931, pages 122-3, having the caption stated in the caption hereof, be and the same is hereby amended by adding a section after Section 1, to be known as Section 1-a, as follows: Section 1-a. This Act shall apply to taxes accruing before its passage, as well as to taxes accruing after the passage of this Act. Amendment to C. C. (1910), 1140, amended. To apply to taxes due before Act of 1931, as well as since. Section 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 March 24, 1933.

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TITLE V. EDUCATIONSCHOOLS ACTS. County Board and Superintendent; Appointment and Residence. County Superintendent's Election; Voters. District Trustees; Number Increased. Supplement of Funds in Certain Counties. Tenth District School; Conveyance of Title. Text-Book Commission Act Amended. University System; Allocation of Funds. University System; Changes Authorized. University System; Fiscal Year. COUNTY BOARD AND SUPERINTENDENT; APPOINTMENT AND RESIDENCE. No. 86. An Act to provide that in all counties of this State having a population of not more than 4,350 and not less than 4,340, according to the United States census of 1930 or any future census, the County Superintendent of Schools shall be a resident of and reside in the county-site of said county; to provide that in all counties of this State having a population of not more than 4,350 and not less than 4,340, according to the United States census of 1930 or any future census, the County Board of Education shall elect a County Superintendent of Schools, and County Board of Education shall be appointed by the Superior-Court Judge of the counties herein mentioned.

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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 aforesaid, that whereas the convenience of the public requires that the County Superintendent of Schools shall have and keep an office at the county-site in the several counties of this State, where this officer will be accessible to the teachers and patrons of the county schools in every part of the county; therefore be it enacted, that from and after the passage of this Act it shall be required by the County Superintendent of Schools of all counties in this State having a population of not more than 4,350 and not less than 4,340, according to the official census of the United States of 1930 or any future census, to reside in or become a resident of the county-site. School Superintendent's residence in county of 4340 to 4350 population. Section 2. Be it further enacted by the authority aforesaid, that in all counties in this State having a population of not more than 4,350 and not less than 4,340, according to the official census of the United States of 1930 or any future census, the County Board of Education shall elect, during the month of October after this Act goes into effect, a County Superintendent of Schools for a term of not less than one year, and not more than three years, from the first day of January next after his election, and he shall hold office until his successor is elected and qualified; provided that the County School Superintendent elected and serving in any county at the time this Act becomes effective shall be appointed for the remainder of the term for which he has been elected, and shall be eligible for reappointment at the end of his term. Election and term of School Superintendent. Section 3. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, in all counties in this State having a population of not more than 4,350 nor less than 4,340, according to the official census of the United States of 1930 or any future census, the County Board of Education shall be appointed by the Superior-Court Judge of the county herein mentioned; provided,

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that members of the County Board of Education elected and serving in any county at the time this Act becomes effective shall remain in office until the term for which they were elected expires. Appointment of Board of Education by judge. Section 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 March 1, 1933. COUNTY SUPERINTENDENT'S ELECTION; VOTERS. No. 118. An Act to provide that in the counties of this State having a certain population the residents of independent school systems shall have the right to vote in primaries and election for the election of the County School Superintendents of their respective counties. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that in the counties of this State having a population of not less than 12,640 and not more than 12,655, according to the United States census of 1930, in which there are one or more independent school districts, the qualified voters residing within such independent school district or districts shall have the right to vote in all primaries and elections held in such counties for the election of the county school districts. Voters in independent-school districts in counties of 12640 to 12655 population. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 2, 1933.

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DISTRICT TRUSTEES; NUMBER INCREASED. No. 160. An Act to amend an Act entitled An Act to codify the school laws of the State of Georgia, in compliance with the provisions of the Act entitled `An Act to empower the State Superintendent of Schools, the Attorney-General, the Chairman of the Senate and House Committees on Education to codify the School laws and for other purposes,' approved July 20, 1918; to revise the School laws of the State; to provide for a State Superintendent of Schools, State Board of Education, a State Board for Vocational Education, County Superintendent of Schools, County Board of Education, Supervisors of Schools and Institutes, an Auditor, a Secretary and Executive Agent of the State Board of Education, and other officers; to provide the method of their selection; their duties, powers and compensation; and for other purposes, by striking from Article VIII, section V, subsection 120, page 335 of the Georgia Laws for 1919, the word three just before the word trustees, and inserting in lieu thereof the word 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 the authority of the same, that the above and foregoing Act be amended by striking therefrom the word three on the fifth line thereof and inserting in lieu thereof the word five. Ga. L. 1919, p. 335, sec. 120. amended. 5 instead of 3 trustees. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved March 10, 1933.

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SUPPLEMENT OF FUNDS IN CERTAIN COUNTIES. No. 36. An Act to authorize the Commissioners of Roads and Revenues or other authority having charge of county matters, in all counties in the State of Georgia having a population of not less than 61,000 and not more than 71,000, to supplement the funds of the County Board of Education from any funds in the treasury of such counties, derived from any source other than from taxation; to provide the method by which the said funds shall be handled, and the purposes for which such funds shall be expended; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Commissioners of Roads and Revenues, or other authority having charge of county matters, in all counties of this State having a population of not less than 61,000 and not more than 71,000, according to the Federal census of 1930 or of any future census, may pay over to the County Board of Education of such county such sum of money not to exceed $1500.00 per month for nine months in each year, as such commissioners or authority in charge of county matters in their discretion may deem advisable and necessary, out of any funds in the treasury of such county derived from any source other than taxation; provided, that such payment may be made only when the County Board of Education of such county prepares and submits to such commissioners, or other authority as aforesaid, a statement showing its total anticipated revenue from all sources for school purposes and its total necessary expenses for the year in which such appropriation is sought, and such total anticipated revenue is less than said total expenses; and provided further, that said statement shall be completed and submitted as aforesaid not later than January 15th of the year for which such appropriation is sought. When any

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such appropriation is made, the amount of such appropriation shall be fixed and placed upon the minutes in the office of the Commissioner of Roads and Revenues, or other authority in charge of county affairs, not later than January 31st of the year for which such appropriation is made (except that the above-mentioned time limits for submission of statement of anticipated revenues and expenses, and for fixing and entering the amount of appropriation on the minutes shall not apply to the year 1933). Such funds, when paid to the County Board of Education, shall become a part of the county-school fund, and may be used by the Board of Education for paying teachers' salaries, buying or renting lots and buildings for school purposes, purchasing or building school buildings, maintaining school property, or for any other educational purpose not inconsistent with the laws of this State. Supplement of school fund in counties of 61000 to 71000 population. Section 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 February 17, 1933. TENTH DISTRICT AGRICULTURAL SCHOOL; CONVEYANCE OF TITLE. No. 204. An Act to convey the title to all real estate and the improvements heretofore owned by the Trustees of Tenth Congressional District Agricultural and Industrial School, located at Granite Hill in the County of Hancock and the State of Georgia, to Hancock County; and to authorize and direct the Board of Regents of the University System of Georgia to execute such written instrument or deed as necessary to so vest the title; and to provide for

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the control, management, and sale of said real estate by the fiscal authorities of Hancock County; 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 the same, that from and after the passage of this Act the title to all real estate heretofore owned by the Tenth District A. M. School of Granite Hill, or conveyed to any trustees for said school, or conveyed to the Trustees of the Tenth Georgia Congressional District Agricultural and Industrial School, or conveyed in any other manner for the benefit of said school, be and the same is hereby vested in Hancock County, a political subdivision of said State; and the Board of Regents of the University System of Georgia is hereby authorized and directed to convey Hancock County, by deed or other written instrument, the title to the following described real estate, for and in consideration of the sum of five dollars to be paid to said Regents, to wit: Tenth District Agricultural School real estate conveyed to Hancock County. (a) All that tract, lot or parcel of land situated, lying, and being in the 102nd Militia District of Hancock County and the State of Georgia, containing two hundred seventy-six and six-tenths (276.6) acres, more or less; the same lying on both sides of the Georgia Railroad, about three miles east of the City of Sparta, and having such shapes, courses, metes, and distances as will more fully appear by reference to a plat thereof, made by S. E. Pearson, surveyor, and now appearing of record in Book E-E, page 11, in the office of the Clerk of Hancock Superior Court for Hancock County, Georgia, and bounded on the north by lands formerly of C. J. Rocker, but now A. P. Rocker, and the lands of R. C. Wilson; on the east by the lands of R. C. Wilson and lands formerly owned by Chas. Doughtery, but now owned by the estate of H. D. Archer, the Three-Mile Branch being the dividing line; on the south by lands formerly of Thos. H. Little, now J. W. Brantley; on the

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west by the lands of the estate of C. S. Duggan, deceased, and the lands formerly owned by C. J. Rocker, but now the property of A. P. Rocker. Section 2. Said property when so conveyed to Hancock County shall be controlled, managed, or disposed of, according to the present or future laws governing countyowned property, by the Hancock County Board of Roads and Revenue or by any duly constituted authority who may hereafter have control of the county affairs of said county. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. TEXT-BOOK COMMISSION ACT AMENDED No. 301. An Act to amend an Act approved August 28, 1931, entitled An Act to create a Text-Book Commission for the State of Georgia; to define their duties and powers; to provide for the adoption and use of a uniform series of text-books in the public schools of the State; to provide how text-books used in the common schools of this State shall be adopted, prepared, published, purchased, distributed, and sold; to provide a revolving fund for these purposes; to provide for the sale of text-books at actual cost; to repeal existing laws; to provide penalties for the violation of the provisions of this Act; and for other purposes, by providing for direct distribution of such text-books to independent local and municipal systems, and adding the costs of distribution to the price to be charged, in counties having a population of 200,000 or over. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act entitled An Act to create a Text-Book

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Commission for the State of Georgia; to define their duties and powers; to provide for the adoption and use of a uniform series of text-books in the public schools of the State; to provide how text-books used in the common schools of this State shall be adopted, prepared, published, purchased, distributed, and sold; to provide a revolving fund for these purposes; to provide for the sale of text-books at actual cost; to repeal existing laws; to provide penalties for the violation of the provisions of this Act; and for other purposes, approved August 28, 1931, be and the same is hereby amended in the following particulars, to wit: Ga. L. 1931, p. 136, Sec. 16, amended. Section 1. Section 16 of the said Act is hereby amended by adding thereto the following provision: Provided, however, that in every county of this State which now has or which may hereafter have, wholly or partly within its teritory, a city having a population of 200,000 or over, the governing body of any independent local or municipal system within such county shall ascertain the requirements of all schools within such system, and make requisition to the Text-Book Commission direct, without reference to the requisition or duties of the county school superintendent, who shall make a requisition only for books to be used in the county outside of such independent local or municipal system, and such requisitions of such system and of the county school superintendent shall be treated by the said Text-Book Commission in exactly the same manner as the requisitions for the several counties of this State, and the powers, limitations, and duties of such governing board of such independent local or municipal system shall be the same as in the case of county school superintendents so far as the same relate to books for such system of public schools; provided further, that in all such counties the county school superintendent and the governing board of any independent local or municipal system within such county shall each have the authority to add to the price of such books to be sold to the patrons of the county or other system such amount as is actually necessary to provide for the distribution of books

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to the patrons thereof, such amount not, however, to exceed ten per cent. of the price fixed by the Text-Book Commission; provided further, that the cost of the bond herein-above referred to shall be added to the cost of distribution in such counties. Proviso added to Sec. 16; distribution of books in counties having city of 200000 or more population. Approved March 24, 1933. UNIVERSITY SYSTEM; ALLOCATION OF FUNDS. No. 38. An Act to provide for further economy and efficiency in the University System of Georgia, by placing the responsibility for the allocation and/or distribution of State appropriations upon Regents of the University System of Georgia for use of the institutions under their control; to provide for payment to Regents of the University System of Georgia of appropriations in a lump sum; and for other 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 June 30, 1933, that all appropriations already made or hereafter made for the use of any or all institutions in the University System of Georgia be paid to Regents of the University System of Georgia in a lump sum, with the power and authority in said Regents of the University System of Georgia to allocate and/or distribute the same among the institutions under their control in such way and manner, and in such amount or amounts, as will further an efficient and economical administration of the University System of Georgia. Allocation of funds by Regents of University System. Section 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 February 20, 1933.

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UNIVERSITY SYSTEM; CHANGES AUTHORIZED. An Act giving Regents of the University System of Georgia authority to make such changes in the institutions under their control as will make possible further economies and will increase efficiency and promote the educational interests of this State; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Regents of the University System of Georgia are authorized and empowered to consolidate, suspend, and/or discontinue institutions, merge departments, inaugurate or discontinue courses, and abolish or add degrees. Powers of Regents of University System, as to changes, etc. Section 2. Be it further enacted by the authority aforesaid, that whenever any such modifications, changes, consolidations, or suspensions are put into effect, the said Regents of the University System of Georgia are authorized and empowered to readjust budgets to the extent necessary by the re-allocation of the monies appropriated for the Institutions affected. Power to readjust budgets. Section 3. Be it further enacted, that where similarity in names among the several institutions gives rise to confusion, the Regents of the University System of Georgia may rename the same. Power to rename institutions. Section 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 February 20, 1933.

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UNIVERSITY SYSTEM; FISCAL YEAR. An Act to change the fiscal year of Regents of the University System of Georgia, and of all the institutions in the University System of Georgia, from a calendar-year basis to a scholastic-year basis; to wit: July 1st in each year through June 30th the following year. Section 1. 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 June 30, 1933, the fiscal year of Regents of the University System of Georgia, and all of the institutions in the University System of Georgia, be and the same is hereby changed from January 1st through December 31st in each year, to July 1st in each year through June 30th in the following year. Fiscal year of Regents of University System begins July 1. Section 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 February 20, 1933.

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TITLE VI. SUPERIOR COURTS. ACTS. Bacon Superior Court Terms. Barrow Superior Court Terms. Berrien Superior Court Terms. Cook Superior Court Terms. Forsyth Superior Court Terms; Referendum. Haralson Superior Court Terms. Meriwether Superior Court Terms. Peach Superior Court Terms. Wayne Superior Court Terms; Referendum. White Superior Court Terms. BACON SUPERIOR-COURT TERMS. No. 199. An Act to provide for holding two terms a year of the Superior Court of Bacon County, Georgia, to prescribe the time of the holding of the 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 from and after the passage of this Act there shall be held in each year two terms of the Superior Court of Bacon County, Georgia, in the Waycross Judicial Circuit. Two terms of court yearly; 3d Monday of May and November. Section 2. Be it further enacted by the authority aforesaid, that the two said terms of said court shall begin on the third Monday in May and November of each year, and both shall be grand-jury terms.

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Section 3. Be it further enacted by the authority aforesaid, that all petitions, processes, writs, bonds, subpoenas, and suits of all kinds and characters, returnable to any term of said court now provided for, other than the May and November terms, shall, upon the passage of this Act, 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 of the passage of this Act. Return of writs, etc. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 21, 1933. BARROW SUPERIOR-COURT TERMS. No. 55. An Act to provide for holding four (4) terms a year of the Superior Court of Barrow County; to prescribe the time for holding the same; to prescribe when and how grand jurors shall be drawn for attendance upon said court, and to provide that juries shall not be convened for the terms of January and July each year of said court, except when the judge of said court shall, for reasons to be stated by him, especially direct the convening of such jury, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act there shall be held in each year four (4) regular terms of the Superior Court of Barrow County, Georgia. Four terms of court yearly. Section 2. Be it further enacted by the authority aforesaid, that the regular terms of said court shall begin on the third (3rd) Mondays in January, April, July, and October

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of each year; such regular terms of said court shall be held for two (2) weeks each, unless sooner adjourned by the judge in his discretion; so that the regular term shall cover the two weeks beginning on the third and fourth Mondays in January, April, July, and October in each year; provided, however, that for the January and July term of said court in each year no grand jurors shall be drawn and no petit juries shall be drawn or summoned for attendance, unless the judge of the circuit shall pass an order to be spread upon the minutes of the court, certifying that the public welfare demands that a jury session of the court be held, with the reasons therefor; and in the absence of such order only such business shall be tried or disposed of by the court during the said January and July terms as may be tried or disposed of by the court without the intervention of a jury; provided further, however, that should the judge of said court, in his discretion, determine that an emergency had arisen requiring it, he may draw jurors and juries as herein provided, by certifying on the minutes of said courts his reasons therefor. Times of holding. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. BERRIEN SUPERIOR-COURT TERMS. No. 52. An Act to provide for holding four terms a year of the Superior Court of Berrien County, Georgia; to prescribe the time of and for holding the same; to prescribe the duration of said terms; to designate the spring and fall terms thereof; to prescribe how and when grand juries shall be required to attend said court; to provide for all

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pending business in said court, both civil and criminal, to relate to terms of said court as changed and fixed by this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 Berrien County, Georgia, and that said regular terms shall convene on the third Monday in March, second Monday in June, third Monday in September, and second Monday in December of each year, and said court shall continue in session at the March and September terms for a period of two weeks each, and the June and December terms shall continue in session for a period of one week each, or either or all of said four terms, in the discretion of the presiding judge, may be sooner adjourned than herein prescribed, or either or all of said four terms may be continued or prolonged beyond the respective prescribed periods herein for such length of time, in the discretion of the court, as may be necessary to transact and complete the business of said court: Provided that there shall be no adjournment of any or either of said four terms until so ordered by the presiding judge, or until adjourned by operation of law as now provided by law. Four terms of court yearly; times of holding. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the March and September terms of said Superior Court are hereby designated as the spring and fall terms, respectively, of said court. Spring and fall terms. Section 3. Be it further enacted by the authority aforesaid, that the presiding judge of said court shall draw grand juries for the March and September terms of said court, and in his discretion he may draw grand juries for the June and December terms of said court, either in term time or vacation. Grandjuries.

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Section 4. Be it further enacted by the authority aforesaid, that all petitions, writs, bills, processes, subpoenas, bonds, and proceedings, both civil and criminal, of every kind and character now pending in or returnable to said Superior Court of Berrien County, shall hold good and relate to the terms as changed and fixed by this Act; and that all jurors and witnesses, drawn or summoned to attend the March term of said court next after the passage of this Act, shall be held and considered as drawn and summoned to attend the March term hereof next after the passage of this Act. Writs, orders, etc. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. COOK SUPERIOR-COURT TERMS. No. 324. An Act to amend an Act entitled An Act to provide for holding four terms in each year of the Superior Court of Cook County, Georgia; to provide for the time of holding the same; and for other purposes, approved July 31st, 1923, and the Act amendatory thereof, providing for both civil and criminal business to be triable on any day during any week of said term, same approved August 18th, 1925, so as to provide herein for the duration and adjournment of the terms of Cook Superior Court; to provide for the drawing and services of grand and petit juries at said terms; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act approved July 31st, 1923, providing for holding four

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terms in each year of the Superior Court of Cook County, Georgia, and fixing the time for holding the same, and Acts amendatory thereof, be and the same are hereby amended by adding to and at the end of section 1 of said Act approved July 31st, 1923 (Georgia Laws, pages 65 and 66) the following: Provided, that either or all of said four terms, in the discretion of the presiding judge, may be continued or prolonged beyond the respective periods prescribed herein for such length of time as may be necessary to transact and complete the business of said Court, and provided further that there shall be no adjournment of said Court until so ordered by the presiding judge, or until adjourned by operation of law, as now provided by law. Four terms of court yearly; time for holding. Proviso. Section 2. Be it further enacted by the authority aforesaid that said Act approved July 31, 1923, and section 2 thereof, be and the same are hereby amended by striking the phrase, And be held, appearing on the second line from the top of said section, so that said section when so amended will read as follows: Be it further enacted by the authority aforesaid, that the terms of said court shall begin on the first and second Mondays in February, May, August, and November of each year. Section 3. Be it further enacted by the authority aforesaid, that said Act approved July 31st, 1923, be and the same is hereby amended by striking in its entirety section 3 of said Act, and substituting in lieu thereof the following: Be it further enacted by the authority aforesaid, that the presiding judge of said court shall draw grand juries for the February and November terms of said court in each year, and in the discretion of the presiding judge he may draw grand juries for the May and August terms of each year, or either of them, either in term time or vacation. Grand juries. Section 4. Be it further enacted by the authority aforesaid, that said Act approved July 31st, 1923, be and the same is hereby amended by adding to and at the end of section 5 of said Act the following: Provided, however,

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that the presiding judge of said court may in his discretion use the same jury for both weeks of any of said terms of said court. Time of jury service. Section 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 March 24, 1933. FORSYTH SUPERIOR-COURT TERMS REFERENDUM. No. 376. An Act to amend an Act of the General Assembly of 1927, approved August 6, 1927 (Acts 1927, p. 181), entitled 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, so as to reduce the number of terms from three terms a year to two terms a year; to prescribe the time for holding the same; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that section one of 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, approved on August 6, 1927 (Acts of 1927, p. 181), be and the same is hereby amended by striking the word three in the fourth line of said section one, and substituting in lieu thereof the word two, so that said section when amended shall read as follows: Two terms of court instead of three. 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 two terms of the Superior Court in and for said County of Forsyth, said State of Georgia.

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Section 2. Be it further enacted by the authority aforesaid, that section two of said Act be and the same is hereby amended by striking the word fourth in the third line of said section two and substituting in lieu thereof the word third, and by adding the word and between the words March and on in the third line of said section; said section is further amended by striking the words and on the fourth Monday in November, beginning with the last word of the third line and ending with the word November in the fourth line of said section; so that said section when amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, that the terms of said court shall be held on the fourth Monday in March and on the third Monday in August in each year. Times of holding court. Section 3. Said Act shall not become operative until a majority of the qualified voters of Forsyth County shall vote for the repeal of said Act in an election to be called for said purpose by the Ordinary of said county, to be held on the first Saturday in August, 1933. Referendum. Repeal of Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. HARALSON SUPERIOR-COURT TERMS. No. 44. An Act to repeal the Act of the General Assembly creating the April and October terms of the Superior Courts of Haralson County. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that

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the Act of the General Assembly of Georgia creating the April and October terms of the Superior Courts for Haralson County, approved August 2nd, 1916, be and the same is hereby repealed. Repeal of Act creating April and October terms. Section 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 February 22, 1933. MERIWETHER SUPERIOR-COURT TERMS. No. 305. An Act to provide for holding four terms in each year of the Superior Court of Meriwether County; to provide for the time of holding the same; to provide for drawing a grand jury; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that from and after January 1, 1934, there shall be held in each year four regular terms, of two weeks each, of the Superior Court of Meriwether County, Georgia. Four terms of court yearly. Section 2. Be it further enacted, that the terms of said court shall begin on the 3rd Mondays in each of the months of February, May, August, and November in each year. Times of holding. Section 3. Be it further enacted, that the judge of said court shall draw a grand jury for the February and August terms of said court, and shall draw no grand jury for the May and November terms; provided, that the judge of said court in his discretion may, by an order passed in term time or vacation, require the attendance of the February grand jury at the May term, and may require the attendance of the August grand jury at the November term, to consider any matter or matters the said judge may see fit, in his discretion, to call to their attention. Grand jury.

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Section 4. Be it further enacted, that this Act shall take effect from and after January 1st, 1934. Act effective Jan. 1, 1934. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. PEACH SUPERIOR-COURT TERMS. No. 61. An Act to change the times for holding the Superior Courts of Peach County from the first Mondays in March and September of each year to the first Mondays in April and October respectively. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the times of holding the Superior Courts of Peach County be and the same are hereby changed from the first Monday in March and the first Monday in September of each year to the first Monday in April and the first Monday in October of each year; the first term of said court to be held under this Act being fixed as beginning the first Monday in April, 1933. Terms of court, April and October, instead of March and September. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933.

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WAYNE SUPERIOR-COURT TERMS REFERENDUM. No. 373. An Act to provide for holding four terms in each year of the Superior Court of Wayne County, Georgia; to prescribe the time for holding the same; to designate the spring and fall terms of said court; to fix the terms for drawing a grand jury; and for other 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 of Wayne County, Georgia. Four terms of court yearly. Section 2. Be it further enacted by the authority aforesaid, that the terms of said court shall begin on the fourth Monday in January, fourth Monday in April, fourth Monday in July, and fourth Monday in October, and that the term beginning fourth Monday in April shall be known as the spring term of said court, and the term beginning the fourth Monday in October shall be known as the fall term thereof. Times of holding. Section 3. Be it further enacted by the authority aforesaid, that the Judge of said court shall draw a grand jury for each term of said court in the same manner as is now provided for the two terms of said court now held. Grand jury. Section 4. Be it further enacted by the authority aforesaid, that all proceedings of every kind and character now pending in or returnable to the Superior Court of said county, and any that may hereafter be transferred to said court from any other court, shall relate to the terms as changed and fixed by this Act shall be the return term or trial term as the case may be, and all processes, bonds, or other proceedings whatever shall be and are hereby made returnable to the next term of said superior court after this

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Act shall become of force; and that all subpoenas heretofore issued shall be returnable so as to contemplate the changes in the number of terms and the time of holding said court as herein provided; so that the person so summoned shall be and appear at the next term of said court after this Act shall become of force. Return term. Section 5. Be it further enacted by the authority aforesaid, that the Clerk of said Superior Court shall be the sole collecting and disbursing officer of said court, and that he shall within thirty days after each term of court make up the insolvent orders of each official connected with said court, for approval and settlement as now provided by law. Clerk sole collecting and disbursing officer, insolvent orders. Section 6. Provided, that this Act shall not become effective unless a certain Act known as House Bill No. 111, and which provides that the City Court of Jesup shall be abolished, is approved and ratified by the people of Wayne County, Georgia, in a special election to be held for that purpose, the said House Bill No. 111 providing that it shall not become effective until the same has been ratified and approved in said special election. In the event that said bill providing for the abolishment of said City Court of Jesup is ratified and approved at said election, then this bill shall immediately become effective, but in the event that said House Bill No. 111 is not ratified and approved at said special election then this Act becomes void and is not effective. Act effective on abolition of City Court of Jesup. Section 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 March 24, 1933.

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WHITE SUPERIOR-COURT TERMS. No. 48. An Act to repeal an Act providing for the holding three terms each year of the Superior Court of White County in the Northeastern Judicial Circuit; to provide for the appearance of grand jury at certain of said terms; to fix the time for holding of said terms, and for other purposes, approved August 18th, 1925; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act an Act approved August the 18th, 1925, providing for three terms of the Superior Court of White County, be and the same is hereby repealed. Repeal of Act providing for three terms of court yearly. Section 2. Be it further enacted by the authority aforesaid, that the provisions of this Act shall not go into effect until and after the 15th day of February, 1933. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933.

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TITLE VII. MISCELLANEOUS CIVIL AND PENAL LAWS. ACTS. Accounting of Public Moneys, etc. Accounts of Fees by County Officers. Aeronautical Regulations. Air-Ports; Acquisition, Regulation, etc. Automobiles and Mileage Allowance. Automobiles, Felonious Entry of. Building-Construction Safeguard. Certiorari, New Trial on. Chiropody Practice Regulated. Confederate Soldiers' Home. Convicts, Prohibiting Use of, in Certain Counties. Convicts, Wardens, etc., Appointment and Removal. Corporations; Revival of Charters. Costs of Misdemenaor Trials. Crops and Growing Crops Defined. Election where Ineligibility Declared. Elections in Certain Counties. Embalming Law Amended. Financial Statements by County Officers. Fiscal Year Designation; Taxes. Fishing Baskets and Seines in Certain Counties. Fishing in Certain Counties. Fishing; Licenses of Peddlers, etc. Fishing Nets; Penalty. Frank D. Roosevelt Highway. Game; Deer and Turkeys; Penalty. Game Law of 1931 Amended. Highway Department Certificates; Discount. Highway Department; County Debts. Highway Law Amended. Highway Mileage Designated. Highway Mileage Designated. Insane Persons; Commitments. Insurance, Non-resident Solicitors of. Insurance; Rights of Creditors. Insurers Compensation; Bond. Insurers Compensation; Plea Barred. Insurers; Undertaker Commission Unlawful. Judges' and Jurors' Qualification. Juvenile-Court Law Amended. Juvenile-Court Officers. Limitation Period on Freight Charges. Maps and Plats of Surveys.

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Medical Examining Board. Motor-Carriers of Mail; Passengers. Motor-Fuel Tax to Retire Road Bonds. Motor-Vehicles and School Buses. Optometry; Registration and Fee. Parks, County Authority as to. Peaches Eliminated from Grading Law. Pharmacy Board; Amending Act. Policemen of Counties; Civil Service. Policemen, Pensions for. Policemen's Pensions, Amending Act. Practice of Law, Admission to. Primary Elections for General Assembly; Specification of Incumbent opposed. Primary Elections in Cities. Primary Elections in Cities. Primary Elections of County Officers. Probation Officers in Counties. Railroad Leases Authorized. Registration of Voters, Assistants in. Salaries of Bailiffs of Solicitors. Salaries of Clerks in Lieu of Fees. Salaries of Clerks in Lieu of Fees. Salaries of Convict Wardens, etc. Salaries of County Officers. Salaries of County Officers. Salaries of County Officers; Referendum. Salaries of County Officers; Referendum. Salaries of County Treasurers. Salaries of Deputy Sheriffs and Bailiffs in certain counties; Repealing Act. Salaries of Jailers, etc., Repealing Act. Salaries of Officers in Certain Counties. Salaries of Officers in Certain Counties. Salaries of Special Bailiffs; Repealing Act. Salaries of Stenographic Reporters. Salaries of Stenographic Reporters. Securities Commission Law Amended. Sentence Suspension; Probation. Slot-Machines; Fraud Penalized. Tax-Assessor in Lieu of Board. Tax-Collectors as Sheriffs. Tax-Collectors as Sheriffs. Tax-Collectors as Sheriffs. Tax Liens; Payment Pro Rata. Turpentine Gum an Agricultural Product. Wheat-Flour Sale Regulated. ACCOUNTING OF PUBLIC MONEYS, ETC. No. 182. An Act to make provisions as to public moneys of the State and of its political subdivisions and departments, bureaus, and commissions; as to how they shall be collected, kept,

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and accounted for by officers who in the course of their duties are required to collect, hold, or account for such moneys, and as to depositories of such moneys; to make provisions as to bonds of such officers and depositories; to fix, regulate, and prescribe the liabilities and rights of principals and sureties on such bonds and the basis for contribution as among them; to provide for liens as to such funds; to provide for accountings as to such funds, and to provide procedures for the recovery of such funds or for the breaches of such bonds; and to give jurisdiction to the authorities of the State and its political subdivisions over accountings and remedies for the recovery of such funds and the establishment of the liability of principal and sureties on such bonds; to prescribe penalties in connection therewith; and for other purposes. Section 1. This Act is intended to relate to each and every public officer in this State, who by any law is required, as one of the duties of his office, to collect any tax, money, or other revenue for the State or any of its political subdivisions, and for any board, commission, bureau, or department thereof, or to have, hold, keep, or account for any tax or any other revenue or money for the State or any of its political subdivisions or for any board, bureau, or department thereof. Officers to whom the Act applies. Section 2. Unless the context clearly discloses a different meaning, the following words and phrases as used in this Act shall have the following meanings: Definitions: The words collecting officer shall include not only State and county tax-collectors and revenue agents, but also each and every other person who shall be either generally or specifically elected, appointed, or employed, in whole or in part, to collect on behalf of the State or any of its political subdivisions, or any board, commission, bureau, or department thereof, any tax, revenue, or other moneys. Collecting officer.

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The word tax-collector shall include a tax-commissioner or other officer who performs the duties of tax-collector. Tax-collector. The words officer to hold public funds shall include not only the State Treasurer, county treasurers, the State Superintendent of Schools, county-school superintendents, treasurers of school districts, but also each and every other person, by whatever name or title called, who shall be either generally or specially elected, appointed, or employed, with duty, in whole or in part, to receive, hold, and/or disburse on behalf of the State or any of its political subdivisions, or of any board, commission, bureau, or department, any public money or revenue. Officer to hold public funds. The words public body shall include not only the State, counties, school districts, drainage districts, other districts created for special purposes, but also each and every other political subdivision of the State, and each and every board, bureau, commission and department of the State or any subdivision thereof, accordingly as the context may require. Public body. The words State authority shall mean the officers or officers or board, bureau, commission, or other person or persons who in their official capacity shall have, according to the laws of this State, the duty or jurisdiction to act on behalf of the State in the particular matter. State authority. The words county authority shall mean the ordinary or the board of county commissioners, or other tribunal, body, or officer having jurisdiction over the fiscal affairs of the county. County authority. The words proper authority shall mean the officer, board, commission, or other tribunal or body having the jurisdiction to act in the particular matter. Proper authority. Section 3. The State authorities shall require of all collecting officers and all officers to hold public money, so far as relates to moneys or revenues of the State, to give, on or

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before entering on the duties of their office, appointment, or employment bond with good security for the faithful performance of the duties of their office and faithfully to account for all moneys coming into their hands, together with such other conditions as the laws of this State may require as to the official bond of the particular officer in question. If the State authority having supervision or control over the officer or the conduct of his office shall deem at any time that the bond given by such officer is insufficient in amount or is inadequate as to security, he shall notify such officer to give an additional bond or to increase the security; and if within the time required by such State authority the officer shall fail to give the additional bond or to make adequate the security, the State authority shall, if the same be an office as to which such State authority has the jurisdiction or power to remove the incumbent, declare the office vacant, and, if it be an office as to which such State authority does not have the power to remove the incumbent, shall report the same to the Governor, and thereupon, if it be an officer as to which the Governor shall have the power of removal for cause, the Governor, after giving such officer opportunity to be heard, shall have the power to declare the office vacant; or if it relate to an officer who can be removed only by impeachment proceedings, the Governor shall report the same to the General Assembly. The Governor shall have concurrent jurisdiction with all other proper authorities to require any collecting officer or any officer to hold public money to give additional bond or security. As to all tax-collectors, so far as relates to State money, the Comptroller-General shall be deemed to be a proper authority within the purview of this section. The Governor and/or other proper State authority shall have the jurisdiction and authority to allow any collecting officer of the State or any officer to hold public money of the State to reduce his bond, but not below the amount required of such officer as a minimum by the laws of this State, by an order discharging the existing bonds of such

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officer of future liability and the giving of a new bond in the reduced amount. The Governor and/or other proper State authority shall have the jurisdiction and authority to allow any such officer to substitute a new bond for his existing bond or bonds, and to discharge the existing bond or bonds as to future liability, by an order to that effect. Official bond. (a) All county authorities and all other proper authorities shall, as to collecting officers and officers to hold public money, other than those dealt with in the next preceding section, have the jurisdiction and authority to require bonds of such officers, of the same kind as is prescribed in the next preceding section, and shall have the same power and authority to require such officers to increase their bonds or the security thereon, and to permit the reduction of such bonds and to give discharge to existing bonds as to future liability upon new bond being given, all in like manner as is set forth in the preceding section. Section 4. If any such officer, upon being required to give additional bond or security, shall fail to do so within the time required, the proper authority shall, if the office be one as to which such proper authority has the power of removal, declare the office vacant; and if it be an office as to which such proper authority does not have the power of removal, the proper authority shall report the same to the Governor, or the officer having power of removal, who, after giving the delinquent officer opportunity to be heard, shall have the power to declare the office vacant. Failure to give additional bond when required. Removal of officer. Section 5. The amount of bonds of collecting officers and officers to hold public moneys shall be in the amount fixed by the proper authority, unless the amount be fixed by existing general laws, and shall be approved by the proper authority and filed as required by law. Except as herein otherwise stated, the proper authority to fix the amount of bonds and to approve the same is the officer or officers upon whom those duties are imposed by existing

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laws; and where the law does not designate what officer shall perform these duties, the proper authority is the officer, board, bureau, or commission having supervision over the particular office or officer. County authorities shall be deemed the proper authorities as to fixing the amount and approving bonds of tax-collectors as to county taxes, and as to county treasurers and those acting as substitutes for county treasurers under local laws, and all other collecting officers and officers holding public funds, so far as relates to county taxes or revenue, and shall be deemed the proper authority as to requiring additional bonds or strengthening security on bonds, and as to allowing reduction and/or substitution of bonds, and as to discharging bonds of future liability, so far as relates to such officers. Amount of bond. Discharging bonds. Section 6. It shall be the duty of each and every collecting officer and each and every officer to hold public money, upon any money belonging to any public body coming into his hands, promptly to deposit the same in a bank or depository as hereinafter stated. All funds belonging to the State or any of its bureaus, commissions, boards, and/or departments shall be deposited in some designated State depository. The county authorities shall designate one or more solvent bank or banks as depositories of all county moneys and moneys belonging to the school funds of the county, and of school districts therein, and of other districts therein organized for any purpose; and if the county authorities shall not have provided for such a depository, the county board of education or the trustees of any school district or the proper authorities having supervision over any other public fund may designate such a depository as to their funds; and if there be no applicable depository selected, the officer collecting or holding any public funds may select a depository. The proper authorities shall require the depository to give bond or make deposit of securities in trust to secure such deposits as may be made in it. Any bank in this State is authorized to

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give such bond and/or to secure deposits of public funds by deposits of securities; and the proper authorities are authorized to make contracts with depositories as to interest or compensation of the depository. Upon any deposit of public funds being made in any bank, whether designated as a depository or not, there shall arise in favor of the public body to which such fund belongs a lien on all the assets of said bank, superior to all other liens for the amount of such funds. All funds of any public body upon being deposited in any bank shall be deemed to be held as a trust fund. Money of any public body deposited in any bank by any collecting officer or officer to hold public funds, though deposited in his own name, shall, if the account stand in his name in his official capacity or be marked with words or abbreviations showing his official title, or if the bank otherwise knows that it is public money, be deemed to be funds of a public body within the purview of this Act. No proper authority, nor, when the proper authority consists of a board or tribunal, any member of such board or tribunal, shall, where acting in good faith, incur any liability by reason of designating any depository or taking any other official action required of such proper authority under this Act. Duty to deposit funds. Depositories. Bond of depository. Lien on funds. Funds deemed held in trust. Deposits in individual name, deemed public funds, when. Section 7. Neither the principal nor the surety on any bond of any collecting officer or any officer to hold public funds shall be liable for the failure of such officer to account for any public money coming into his hands which he shall have deposited in any designated depository or if the proper authority shall have failed to designate a depository in any bank selected by him, if it be deposited in the name of the public body to which it belongs, or in his own name in his official title, or with his official capacity disclosed or if the bank receiving the same shall otherwise have notice of the public nature of the deposit, provided said failure to account is attributable solely to the failure or insolvency of such depository. Bondsmen not liable for funds in depository, when.

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Section 8. Jurisdiction to cite defaulting collecting officers, officers to hold public money, depositories, and/or the sureties on their bonds, for an accounting and to issue executions against them, is conferred and vested as follows: Jurisdiction to cite for accounting, etc. (a) As to state-house officials and their sureties, assistants, and employees of any state-house office, and their sureties, and depositories of the funds of the State or any of its bureaus, commissions, boards or departments, and their suretiesin the Governor. Governor's authority to cite. (b) As to other collecting officers and officers to hold public money, so far as relates to taxes, revenues, or funds of the State or any of its bureaus, commissions, boards or departmentsin the Comptroller-General. Comptroller-General's authority to cite. (c) As to collecting officers and officers to hold public money, so far as relates to taxes, revenues, or funds of a county, or any board, bureau, or other tribunal or body exercising jurisdiction solely in such county, or of any school district, drainage district, or any other district in such county, and as to banks or depositories in which the taxes, revenues, or other funds or any of these have been deposited, and as to the sureties on the bonds of any of said officers, banks or depositoriesin the county authority of said county. Citation by county authority. (d) In any case not covered by the foregoing provisionsin the Comptroller-General. Comptroller-General. Section 9. (a) Upon its coming to the attention of the official or authority having jurisdiction to cite for accounting, that a collecting officer or officer to hold public funds has been guilty of any default or breach of duty as to any tax, revenue, or public funds, or that any bank or depository in which any tax, revenue, or other public funds have been deposited has failed in business or has failed to pay over on demand any such fund so deposited with it, or,

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whether default be alleged or not, upon the surety upon any bond of the kind dealt with in this Act, whether of an officer or of a bank or depository, filing with such official or authority having jurisdiction to cite for accounting a petition asking for the settlement of the accounts of such principal, it shall be the duty of such official or authority to cite such officer or such bank or depository and/or their sureties to come before the official or authority having jurisdiction over the accounting, on a day named, to make an accounting or settlement and to show cause why execution should not issue, if any default be found; and shall cause such citation to be served at least ten days before the hearing, unless such service be waived, or the respondents consent in writing to shorter notice. It shall not be necessary to issue or serve citation or notice to or upon any principal or surety who has filed or has joined in filing the petition for citation, nor shall it be necessary personally to serve such citation upon any officer or other person who, by absconding, absence from the State, or otherwise, prevents personal service; but it shall be sufficient in such cases to perfect service by leaving a copy of the citation at the most notorious place of abode of such absconding or absent person. Citation. Service of citation. (b) Any citizen or taxpayer or any public body interested in the fund in question may appear and be heard before the official or authority, at the time and place of hearing. Hearing citizen or taxpayer. (c) At the time and place fixed for the hearing, or at an adjournment or continuance thereof, the officer, bank, or depository cited shall file under oath a statement of his or its accounts; and if such officer, bank, or depository shall fail to submit such a statement, the official or county authority shall nevertheless proceed to state it from the best information at hand. After giving opportunity to the parties at interest to be heard, the official or county authority shall proceed to render a judgment or order in

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the nature of a judgment, in which, if no default be found, it shall be so stated, and, if default be found, stating the amount of the same and ordering execution to issue therefor. If the officer whose accounts are under review is a tax-collector, the procedure in the judgment or order there-under shall be in accordance with the provisions hereinafter specially made as to settling accounts of tax-collectors. Statement of account. (d) Jurisdiction is hereby conferred upon the official or county authority having jurisdiction in the matter to issue subpoena and to compel the attendance of witnesses and production of books and documents in behalf of any party; and if any person shall disobey any such subpoena or order to produce, the official or county authority shall certify the refusal to the judge of the superior court of the county where the hearing is had, who shall punish the offender as for contempt of the superior court. Subpoena or order to produce books, etc. Contempt. (e) Unless an appeal be taken, as herein provided, such judgment or order shall be conclusive on the public bodies interested, and on the officer, bank, or depository, and their privies, and upon the sureties on their bond, if cited and notified, as to the existence, amount, and extent of such liability. Judgment conclusive, when. (f) When any officer to whom this Act relates shall succeed himself in office, or within one year prior to the date this Act goes into effect has succeeded himself in office, or has been elected to succeed himself in office, or has been elected to succeed himself in a subsequent term, such officer or the surety on his bond either for the current term or for the term which has or shall have expired, or for a term about to begin, may file with the official or the county authority having jurisdiction to cite for accounting a petition asking that an accounting be had as to the acts and doings of such officer during the term which has ended or is about to end; and thereupon such official or county authority shall cause citation to issue and be served on the officer and the

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sureties on his bonds, for both terms, except such of them as shall be party to or join in the petition; and such further proceedings shall be had as are provided for herein in cases of citation for accounting. In the order or judgment rendered by the official or county authority conducting the accounting, or, in case of appeal, in the judgment of the court, the condition of the accounts of such officers shall be stated as between the two terms and as between the sureties for the respective terms, and the order or judgment shall set the terms upon compliance with which the sureties on the bond for the expired or expiring term shall be discharged, or liability as to taxes, revenues, and public moneys, and shall also settle and determine between the sureties in the respective bonds the matters for which each are or may be liable. The judgments or orders in the nature of a judgment rendered by the official or the county authority having the jurisdiction in any such proceeding, unless changed on appeal, and the final judgment in case of appeal, shall have the conclusive effect of judgments of a court of competent jurisdiction. Officer's petition for accounting. Citation. Judgment. (g) The official or county authority having jurisdiction to cite for accounting may, without issuing or serving citation or notice, issue or cause to be issued an execution against any defaulting collecting officer, or officer to hold public funds, or any bank or depository in which public funds have been deposited, and/or the sureties on the bonds of any of them, for default as to any of the matters as to which such officer, bank, depository, or surety might be cited, and for the amount of the loss sustained by the public body or public bodies alleged in such execution to be sustained through such default; and such execution shall be prima facie evidence of the facts, including the amount of loss sustained, therein recited, and shall be enforceable as an execution for said amount; provided, nevertheless, that as to such an execution its enforcement may be arrested by proceedings in equity or, after levy, by affidavit of illegality,

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in which the defendant in fi. fa. whose property has been levied on shall deny liability for the amount set out in such execution or some part thereof. The affidavit of illegality shall be returned by the levying officer to the superior court of the county in which the alleged defaulting officer resides. On the trial of the case, whether in equity or on affidavit of illegality, the burden of proof shall be on the official or authority issuing the execution. Any other person, corporation, or public body at interest may on his or its own motion, or on motion of either party to the cause, be made a party thereto, and be bound by the final judgment. Such an execution shall become final process against any defendant in execution named therein who shall endorse thereon, in writing, his admission of the correctness of the same and an agreement that the same shall proceed against him as final process; but such admission shall not be binding on any except the person or corporation signing the same. Execution. Affidavit of illegality. Parties bound by final judgment. Admission. (h) Nothing herein shall be construed as preventing the obligee in any such bond from maintaining an action at law or in equity thereon, when the official or county authority having jurisdiction to issue citation shall not have begun a proceeding thereon by ordering citation or execution to issue. Action by obligee in bond. (i) In any proceeding for accounting under this Act, there may be joined originally or by amendment, either before or after appeal, all such officers, depositories, banks, and securities on bonds of any of them, as shall be necessary or proper to the full determination of any matter in controversy, and especially (but without limiting the generality of the foregoing) for determining the respective liabilities as between an officer and some other officer, or between an officer and a bank or depository, or between them or any of them and the sureties of any of them, or between sureties of any of them, but the proper authority and/or any court which shall have acquired jurisdiction thereof by appeal or otherwise shall have the jurisdiction

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to determine completely the respective liabilities of the parties as among themselves, as well as the liability of any officer, bank, or depository and the sureties to public body or bodies involved. The jurisdiction given hereunder shall extend not only to the compelling of an officer and/his sureties to account for taxes or other public money which he has in fact collected, but for money which it was his duty to collect and which, in the exercise of good faith and ordinary diligence, he should have collected; and may be exercised against any public officer who has received or collected the money of any public body, whther it was a part of his official duty to receive it or collect it or not. Joinder of parties. Liability for failure to collect. Section 10. Annually on or before April 20th of each year, unless the time be extended by the Comptroller-General for cause which said Comptroller-General shall deem to be sufficient, each tax-collector shall make and file an accounting with the Comptroller-General as to State taxes, and with the county authority of his county as to county taxes, for the preceding year, in which the accounts of said tax-collector are fully stated, and uncollected items on the digest of such preceding year shall be listed in detail; and the tax-collector shall set opposite each item the reason why the same has not been collected and the name of the officer in whose hands the tax-execution is, or, if no execution has been issued, the reason why it has not been issued, and such further information as the Comptroller-General or the county authority, as the case may be, shall require. If the Comptroller-General or the county authority, as the case may be, shall find that all collections made to the date of the accounting have been properly accounted for by the tax-collector, an order to that effect shall be entered by the Comptroller-General or the county authority, as the case may be; but if it appear that there is any default in accounting for collections made, the tax-collector and his sureties shall be promptly cited, as in this Act provided for, to make good such default. The Comptroller-General and

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the county authority shall have the jurisdiction and power to correct all errors in digest, and to order abatement or cancellation of taxes erroneously assessed, and to make other adjustments in the digests of similar nature and to reflect the same in the account as stated. As to uncollected items not relieved against, in the manner stated, the Comptroller-General or the county authority, as the case may be, shall proceed to ascertain whether failure to collect the same or any part of the same has been due to negligence or bad faith on the part of the tax-collector; and if the Comptroller-General or the county authority be of the opinion that there is sufficient evidence of negligence or bad faith to justify a citation as for a default, citation shall be ordered against the tax-collector and his sureties; otherwise, and unless a default in properly accounting for collections made appears, the accounts of the tax-collector shall be approved; and though the account be disapproved in part, if there be uncollected items as to the failure of collection of which no negligence or bad faith on the part of the tax-collector appears, the Comptroller-General or county authority shall approve as to them, and in detail shall state wherein the account is approved, and wherein and for what reasons the same is not approved. An approved account or approved part of an account shall be prima facie conclusive, as of the date of the approval of its correctness; and, unless its correctness be challenged in some citation or in some action in law or in equity brought within two years from the date of such approval, shall be absolutely conclusive of the correctness of the account or the approved parts thereof, as of the date of the approval. Annual accounting for taxes collected. Correction of errors in tax digest. Negligence in failing to collect. Approval of account. Conclusiveness of account. (a) If the tax-collector fails to submit his account for settlement by April 20th or within such further time, not exceeding four months, as shall be allowed by the Comptroller-General, or if, on examination of the account, defaults are ascertained which are not promptly cured by the tax-collector, the Comptroller-General or the county authority

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shall report the same to the Governor, who, after giving the tax-collector opportunity to be heard (unless the tax-collector absconds or absents himself from the State or otherwise cannot be given notice) shall have the power to suspend him or remove him from office; and the Comptroller-General and/or the county authority shall proceed to cite the delinquent tax-collector and his surety. Report by Comptroller-General to Governor, as to default of tax-collector. Suspension or removal from office. (b) The surety on the bond of the tax-collector shall also have the right to report the failure to account or the default alleged by the Comptroller-General or the county authority to the Governor and to demand a release from future liability on the bond of such tax-collector. The Governor shall thereupon order the tax-collector to make a new bond or bonds within a time to be set, not exceeding thirty days; and upon his default in so doing the Governor shall declare the officer removed and the office vacant. Upon the office being declared vacant, or upon the new bond being given, the moving surety shall be discharged from all future liability. Unless the Governor shall require that the sureties on the new bond shall assume concurrent liability with the sureties of the old bond, the sureties on the new bond shall be liable only for future defaults, and the sureties on the old for the pre-existing defaults. Surety's right to report and demand release from bond. Liability of new sureties. (c) In case a tax-collector has been succeeded in office by another person, a list of the uncollected items of tax appearing in the account of the outgoing tax-collector at the time of the accounting as stated above shall be furnished by the Comptroller-General or the county authority to the tax-collector then in office, and it shall thenceforth be his duty, as the taxes are collected, to pay to the outgoing tax-collector one half of the commissions and to retain for his services one half, the commissions to be calculated as if the amounts had been collected by the outgoing tax-collector; and the outgoing tax-collector shall no longer have the right or the duty to collect the taxes or to enforce the executions issued therefor, but all uncompleted duties in

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respect thereof shall pass to the successor. The outgoing tax-collector and his sureties on his bond shall, upon his delivery of such books and papers in his office as relate to the uncollected taxes to his successor, be discharged of liability, except for defaults existing prior to that time. Tax-collector's successor; division of commissions. (d) If a tax-collector and/or his sureties be held liable on proceedings by citation, or on appeal, or in any other form of action at law or in equity, for having failed by reason of his negligence or bad faith to collect any taxes, the tax-collector or his surety paying off any liability thus established shall be entitled to have the tax-execution or executions transferred to him; and where such execution or executions relate both to State and county taxes, the Comptroller-General and the county authority, and either or both of them, shall have authority to make the transfer as to both State and county taxes and any other tax included in the execution; and as to such taxes the tax-collector or his surety paying the judgment, order, or decree fixing liability for the same shall be subrogated to all the rights of the State, county, and/or other public body for whose benefit the tax was levied. Transfer of execution against tax-collector. Subrogation. Section 11. No action (whether at law or in equity or by citation or issuance of ex parte execution as herein provided for) on the bond of such collecting officer, or officer to hold public funds, or bank, or depository shall be maintained unless the action or proceeding be begun in six years from the date the alleged cause of action accrued; nor against any surety thereon, unless within three years from the date this Act goes into effect, or within three years from the date the alleged cause of action accrues, suit shall have been begun against the surety, or citation shall have been issued against the surety by the official or county authority having jurisdiction to cite, or execution shall have issued against the surety as herein provided for, on account of the alleged breach of the bond. Limitation of action on bond.

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Section 12. Upon breaches of the bond of any officer, bank, or depository, interest shall run against the principal on the bond at the rate of 7% per annum from the date of the breach, and against the surety at the same rate from the date of the demand on the surety. If the breach involves dishonesty on the part of the officer or bank, the official or county authority having jurisdiction to cite the officer, or any court acquiring jurisdiction over the subject-matter, may, as against the offending principal in the bond, impose also an additional penalty of not more than 10% of the amount of the loss, and a reasonable sum for attorneys' fees. This penalty and award of attorneys' fees may also be imposed upon the surety by any court acquiring jurisdiction of the subject-matter, in the event it be shown that the surety has acted in bad faith and has been vexatiously litigious, or that it has filed defensive proceedings for delay only. Provisions of existing law imposing higher rates of interest or penalties upon principals or sureties upon any of such bonds are superseded by the provisions of this section. Interest against principal on bond; penalty in addition. Attorney's fees. Penalty and fees against surety. Other laws superseded. Section 13. Neither a tax-collector nor his surety shall be liable for failure to collect any State or county or other taxes from delinquent taxpayers if he or his surety shall make it appear (a) that by reason of the insolvency of the taxpayer the tax-collector could not by ordinary care and diligence collect the same; (b) or that the tax-collector with ordinary diligence issued execution and placed it in the hands of the sheriff or other officer having power to levy the same, and that failure to realize the money thereon was due to no fault of such tax-collector; (c) or that his failure to collect such taxes promptly was due to obedience to instructions from the Comptroller-General as to State taxes, or of the county authorities as to county taxes; (d) or that he was prevented from the collection of the taxes by legal proceedings. Defenses of tax-collector or surety.

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Section 14. Where any collecting officer or officer to hold public money, bank, or depository gives an additional bond or adds new security during his term, the bond and securities in force at the time shall be liable for defaults occurring prior to the time the additional bond or security is given, and the existing bond or security and the additional bond or security shall be jointly and severally and concurrently liable for subsequent defaults; but, if the order requiring a new bond so provides, the sureties on the old bond or bonds shall be discharged from future liability, and the new bond alone shall be liable therefor. However, if the new bond so provides, it may assume concurrent liability with the old bond as to defaults occurring prior to the date of its being given, or, if the officer having the duty of approving the bond so consents, the new bond may assume sole liability from a date prior to the time of its being filed, and the old bond or bonds may be discharged of liability from the date as of which such new bond is operative. Additional bond or new security; liability. Section 15. Any judgment or execution issued in pursuance of this Act, or in any action at law or in equity against the principal or surety upon any bond of any of the officers, banks, or depositories dealt with herein, shall have the effect of preserving and be a means of enforcing the liens created by the laws of this State, including this Act, upon the property and assets of principal and sureties on the bonds of officers and depositories and the assets of banks. Upon the payment of the amount of such judgment or execution by any surety or other person, either the official or county authority issuing the same, or any officer authorized to levy the execution, shall, at the request of the person or corporation making the payment, transfer the judgment and/or execution to such person or corporation or his or its order, and the transferee shall be entitled to enforce the same and the lien therein represented; provided, that, in order to preserve the lien as against subsequent bona fide

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purchasers for value, the judgment or execution shall be entered on the general execution docket as if it were a common-law execution. Any sale or transfer of any part of its assets by a bank to an innocent purchaser for value in ordinary course of business prior to the institution of a proceeding against said bank, through which the lien may be preserved or enforced, shall pass to the purchaser or transferee such assets free from the lien herein created. Lien of judgment or execution. Transfer of judgment or execution. Section 16. Whenever any of the officers with whom this Act deals shall become non compos mentis or die, the guardian or personal representative of such insane or deceased officer shall be a sufficient party to any proceeding hereunder, in lieu of such insane or deceased officer. Upon a tax-collector dying or being adjudged insane, or being removed or suspended from office, the unfinished duties of all terms in which he shall have served shall pass to his successor then in office, or next elected or appointed. Death or insanity of officer. Section 17. This act has no reference to any liability which any of the officers herein dealt with may incur to any private person, but only refers to taxes, revenues and other public funds, and to liabilities therefor to public bodies. Liability under this Act refers only to public funds, etc. Section 18. The general provisions of this Act shall apply to municipalities and the collecting officers and officers to hold public funds thereof, to depositories of such funds, and to bonds and sureties of such officers and depositories, and the governing body of the municipality shall have the same jurisdiction, powers, and duties under this Act in respect of such municipalities, their officers, funds, depositories, and sureties on bonds of officers, agents, and depositories, as the county authorities have in respect of county officers, funds, depositories, and sureties on bonds; and the judgment of the governing body of municipality, rendered on proceedings by citation or waiver of citation, shall have the same force and effect as is given hereunder to like judgments

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rendered by county authorities, with like right of appeal. Municipalities. Section 19. The provisions of thi Act shall apply to existing bonds, so far as they can be applied without violating any provision of the Constitution of this State or of the United States. Act applies to existing bonds. Section 20. Conflicting laws are repealed. Approved March 16, 1933. ACCOUNTS OF FEES BY COUNTY OFFICERS. No. 320. An Act to amend an Act approved August 17, 1912, entitled An Act to require all State-house officers and officers and appointees of any Department of State, and county officers who receive fees and compensation other than salaries, to keep a daily account of such fees and compensation, and to make sworn itemized statements with the Comptroller-General of the State; to require the Comptroller-General of the State to preserve said statements; to provide a penalty for failure or refusal to comply with same; and for other purposes, by requiring itemized statements of the fees of county officers to be filed quarterly in the office of the Clerk of the Superior Court, to be available for examination by the grand jury; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that the Act approved August 17, 1912, entitled An Act to require all State-house officers and officers and appointees of any Department of State, and county officers who receive fees and compensation other than salaries, to keep a daily account of such fees and compensation, and to make such sworn itemized statements with the Comptroller-General of the State; to require the Comptroller-General

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of the State to preserve said statements; to provide a penalty for failure or refusal to comply with same; and for other purposes, be and the same is hereby amended by adding, at the end of Section 2 thereof, the following: All such county officers shall, in addition to filing such statements with the Comptroller-General, file in the office of the clerk of the superior court of the county, at the end of each three-months period during the year, an itemized statement of all the fees and other compensations received by each such officer, the source from which received, and the date thereof; also the amount of insolvent costs earned, together with the number of men employed, and the total cost of clerk hire; which statement shall be properly tabulated, showing separately fees received in criminal cases and in civil cases, and for other duties, and shall show all such fees and compensations received during the three-months period preceding the date of its filing. Such itemized statement shall remain of file inthe office of the clerk of the superior court, and shall be available for examination and inspection by the grand jury at each term of the superior court; and it shall be the duty of the grand jury to examine same and to take appropriate action in the event any irregularities are discovered. Providing, however, that nothing herein contained shall apply to justices of the peace or constables. Ga. L. 1912, p. 109, sec. 2, amended. Quarterly statement of fees, etc. Grand jury's duty to examine, etc. Not applicable to justiees of peace or constables. Section 2. Any person or officer convicted of violating any of the provisions of this Act shall be punished as for a misdemeanor upon conviction therefor, and punished as now provided by law in misdemeanor cases. Punishment Section 3. Be it further enacted, that this Act shall take effect from and after January 1, 1934. Effective Jan. 1, 1934. Section 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 March 24, 1933.

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AERONAUTICAL REGULATIONS. No. 206. An Act providing for lawfulness of flight; for uniformity with Federal laws regulating aviation; regulating aviation within the State; regulating civil causes of action arising out of operation of aircraft; fixing the status of crimes and torts committed in, by, or by means of operation of aircraft; providing for the fostering of aviation within this State; providing for the licensing of pilots and aircrafts. Whereas it is essential to the progress and well-being of this State that aviation be encouraged and developed and the law relating thereto be made plain: Preamble. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. Lawfulness of Flight.Flight in aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the then existing resonable use to which the land or water or space over the land or water is put by the owner of the land or water; or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. Aireraft flight, when unlawful. Section 2. Aircraft Construction, Design and Airworthiness, Federal License.The public safety requiring, and the advantages of uniform regulation making it desirable in the interest of aeronautical progress, that aircraft operating within the State should conform, with respect to design, construction, and airworthiness, to the standards prescribed by the United States Government with respect to navigation of civil aircraft subject to its jurisdiction, it shall be unlawful for any person to operate or navigate any aircraft within the State, unless such aircraft has an appropriate effective license, issued by the Department of Commerce of the United States and is registered

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by the Department of Commerce of the United States: provided, however, that this restriction shall not apply to military aircraft of the United States or possessions thereof, public aircraft of any State or territory, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. Construction of aircraft. Federal licenses. Proviso as to military, public, or foreign aircraft. Section 3. Qualifications of Pilots. Federal License.The public safety requiring, and the advantages of uniform regulation making it desirable in the interest of aeronautical progress, that a person engaging within this State in navigating or operating aircraft in any form of navigation shall have the qualifications necessary for obtaining and holding a pilot's license issued by the Department of Commerce of the United States, it shall be unlawful for any person to operate or navigate any aircraft in this State, unless such person is the holder of an appropriate effective pilot's license or permit issued by the Department of Commerce of the United States; provided, however, that this restriction shall not apply to those persons operating military aircraft of the United States or possessions thereof, or public aircraft of any State or territory, or operating any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. Pilot's qualifications, license. Proviso. Section 4. Possession and Display of Licenses.The certificate of the license required for pilots shall be kept in the personal possession of the licensee when he is operating aircraft within this State; and the certificate of the license required for aircraft shall be kept in said aircraft at all times when same is being used within this State; and either or both of the said certificates must be presented for inspection upon the demand of any passenger, any peace officer of this State, or any official, manager, or person in charge of any airport or landing-field in this State upon which said pilot or aircraft shall land. Licenses, possession and display.

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Section 5. Damage to persons and property on the ground.Proof of injury inflicted to persons or property on the ground by the operation of any aircraft and contact therewith, or by objects falling or thrown therefrom, shall be prima facie evidence of negligence on the part of the operator of such aircraft in reference to such injury. Damage to person or property. Section 6. Collision of Aircraft.The liability of the owner of one aircraft to the owner of another aircraft, or to pilots on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land. Collision. Section 7. Liability to Passengers.The liability of the operator of an aircraft carrying passengers, for injury or death to such passengers, shall be determined by the rules of law applicable to torts on land arising out of similar relationships. Liability to passenger. Section 8. Jurisdiction over contracts.All contractual and other legal relations entered into by aeronauts or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath. Contracts, law governing. Section 9. Jurisdiction over Crimes.All crimes committed by or against an aeronaut, or by or against a passenger or other person, or on or by means of an aircraft, while in flight over this State shall be governed by the laws of this State. Crimes, jurisdiction over. Section 10. Penalties.Any person guilty of violating any provision of this Act shall be guilty of a misdemeanor and be punishable as for a misdemeanor. Penalties. Section 11. Federal Law Followed.It is hereby declared that the intent of this Act is to coincide with the policies, principles, and practices established by the United States Air-Commerce Act of 1926, and all amendments thereto. U. S. law followed.

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Section 12. Provisions of this Act severable.The provisions of this Act are hereby declared to be severable; and if any of its provisions shall be held to be unconstitutional, or the applications thereof to any persons or circumstances invalid, the decision respecting such provisions shall not affect the constitutionality or validity of any other provision which can be given effect without such unconstitutional or invalid provisions. Invalidity of part of Act not invalidate whole. Section 13. Short Title.This Act may be cited as the Uniform Aeronautical Code. Title of Act. Section 14. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. Approved March 23, 1933. AIRPORTS; ACQUISITION, REGULATION, ETC. No. 207. An Act providing for the acquisition, construction, operation and regulation of airports and other navigation facilities; declaring the ownership and operation of airports to be a public, governmental, and municipal purpose; providing the right of condemnation for airport purposes by cities and other political subdivisions; providing for the issuance of bonds and for the levying of taxes for such purposes; and extending police regulations to such public airports. Whereas it is essential to the progress and well-being of this State that aviation be encouraged and developed and the law relating thereto be made plain: Preamble. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. Municipalities, etc., may acquire airports.Municipalities, counties, and other political subdivisions of

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this State are hereby authorized, separately or jointly, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate and police airports and landing-fields for the use of aircraft, either within or without the geographical limits of such municipalities, counties, and other political subdivisions, and may use for such purpose or purposes any available property that is now or may at any time hereafter be owned or controlled by such municipalities, counties, or other political subdivisions. Municipal and other airports. Section 2. Airports and public purpose.Any lands acquired, owned, leased, controlled, or occupied by such counties, municipalities, or other political subdivisions for the purpose or purposes enumerated in Section 1 of this act, shall and are hereby declared to be acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes. Airports for public purposes. Section 3. Private property may be acquired by purchase, condemnation, etc.Private property needed by a county, municipality, or other political subdivision for an airport or landing-field or for the expansion of an airport or landing-field, may be acquired by grant, purchase, lease, or other means, if such political subdivision is able to agree with the owners of said property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which such political subdivision is authorized to acquire real property for public purposes. Condemnation of property. Section 4. Purchase price may be paid from bond issue or otherwise.The purchase-price or award for real property acquired, in accordance with the provisions of this Act, for an airport or landing-field may be paid for by appropriation of moneys available therefor, or wholly or partly from the proceeds of the sale of bonds of said county, municipality, or other political subdivision, as the legislative body of such political subdivision shall determine; subject

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however, to the adoption of a proposition therefor at a regular or special election, if the adoption of such a proposition is a prerequisite to the issuance of bonds of such political subdivision for public purposes generally. Bond issues for airports. Section 5. Authority to equip, improve, establish fees and charges, lease, etc.Counties, municipalities, or other political subdivisions of this State which have established or may hereafter establish airports or landing fields, or which acquire, lease, or set apart real property for such purpose or purposes, are hereby authorized: (a) To construct, equip, improve, maintain, and operate the same, or to vest authority for the construction, equipment, improvement, maintenance, and operation thereof, in an officer, board, or body of such political subdivision. The expense of such construction, equipment, improvement, maintenance, and operation shall be a responsibility of said political subdivision. Authority to construct, equip, etc. (b) Subject to existing contracts, to adopt regulations and establish charges, fees, and tolls for the use of such airports or landing-fields, fix penalties for the violation of said regulations, and establish liens to enforce payment of said charges, fees, and tolls. Authority as to regulations, fees etc. (c) To lease such airports or landing-fields to private parties for operation or to lease or assign to private parties for operation, space, area, improvements, and equipment on such airports or landing-fields; provided in each case that in so doing the public is not deprived of its rightful, equal, and uniform use thereof. Authority to lease. Section 6. Funds for operation, etc., may be raised by taxation and otherwise.The local public authorities having power to appropriate moneys within the counties, municipalities, or other public subdivisions of this State, acquiring, establishing, developing, operating, maintaining, or controlling airports or landing-fields under the provisions of this Act, are hereby authorized to appropriate and cause

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to be raised by taxation or otherwise, in such political subdivisions, moneys sufficient to carry out therein the provisions of this Act; also to use for such purpose or purposes moneys derived from said airports or landing-fields. Taxation to raise funds for airports. Section 7. Authority to acquire easements, etc., for lights and markers.Such counties, municipalities, and other political subdivisions of this State are hereby authorized to acquire the right or easement for a term of years, or perpetually, to place and maintain radio and other equipment, and suitable marks for the daytime, and to place, operate, and maintain suitable lights for the nighttime marking of buildings, or other structures or obstructions, for the safe operation of aircraft utilizing airports and landing-fields acquired or maintained under the provisions of this act. Such rights or easements may be acquired by grant, purchase, lease, or condemnation in the same manner as is provided in Section 3 of this act for the acquisition of the airport or landing-field itself or the expansion thereof. Authority to acquire easements, etc. Radio, marks, lighting. Condemnation. Section 8. Authority to police airports.Counties, municipalities, or other political subdivisions of this State acquiring, establishing, developing, operating, maintaining, or controlling airports or landing-fields under the provisions of this act without the geographical limits of such subdivisions are hereby specifically granted the right to enforce police regulations on such airports or landing-fields. Policing. Section 9. Construction and intent of this act.It is the intent and purpose of this act that all provisions herein relating to the issuance of bonds and the levying of taxes for airport purposes, and the condemnation for airports and airport facilities, shall be construed in accordance with general provisions of the law of this State governing the right and procedure of municipalities to condemn, issue bonds, levy taxes, etc. Construction of Act. Section 10. Short title.This act may be cited as the Uniform Airports Act. Title of Act.

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Section 11. All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed. Approved March 23, 1933. AUTOMOBILES AND MILEAGE ALLOWANCE. No. 184. An Act to prohibit the purchase of any passenger automobile by any department, institution, bureau, or agency of this State; to provide for disposition of State-owned automobiles; to provide for payment of mileage for officers, officials, and employees of the State and of various departments thereof for the operation on official business of automobiles belonging to such officers, officials, or employees; to provide for the fixing of such mileage rate; to provide penalties for violation of 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 and approval of this act no funds appropriated to any department, institution, board, bureau, or agency of this State shall be used for the purchase of any passenger-carrying automobile whatsoever, and it shall be unlawful to expend any funds appropriated to any such department, institution, board, bureau, or agency of this State or any State funds otherwise coming into the possession of any such department, institution, board, bureau, or agency of the State for the purchase of any passenger-carrying automobile, except one passenger automobile and motorcycles for use of the Governor of Georgia. Purchase of automobiles from State funds. Car for Governor. Section 2. Be it further enacted, that on or before April 1st, 1933, each department, institution, board, bureau, or agency of the State shall deliver to the State Supervisor of Purchases, at such place as may be designated by him, all passenger-carrying automobiles held or owned by any such

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department, institution, board, bureau, or agency of the State, which have been purchased with funds of the State, or with funds appropriated or allocated to any such department or institution of the State. The said State Supervisor of Purchases, in conjunction with head or heads of department, departments, or bureaus, shall proceed to sell said automobiles at public or private sale, as may be deemed proper by him; provided, however, that the State Supervisor of Purchases may sell any such automobile to an employee or official of the State, or of any department, institution, bureau, board, or agency thereof, at such price as may be deemed fair and reasonable by the State Supervisor of Purchases, on deferred payments; 20% of the purchase-price shall be paid in cash, and the remainder in ten equal monthly installments, which deferred payments shall bear interest at the rate of 8% per annum. In the event of any such sale on deferred payments, title to the automobile sold shall be reserved in the State, and the purchaser shall insure the same against fire and theft, making the loss payable to the State. Before selling such automobile to any employee of the State, or any department, institution, bureau, or agency thereof, the said State Supervisor of Purchases shall have the same appraised by some competent authority, and such automobile shall not be sold for less than its appraised value to any such official, agent, or employee. Provided, that every such automobile so delivered to said State Supervisor of Purchases shall be sold by him within three (3) weeks after the same are delivered to him; and in the event the same, or any part thereof, are sold at public out-cry, notice of such public sale shall be published in at least one, or more, newspapers having a general circulation in the State, and such public sale shall be for cash. Sale of automobiles by State. Section 3. Be it further enacted, that it shall be the duty of the State Supervisor of Purchases with the heads of the several departments, on or immediately after April first of this year, by proper executive or instructive order, to fix the amount or rate per mile, not to exceed five cents per mile,

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to be paid to officers, officials, or employees of the various departments, institutions, boards, bureaus, and agencies, as traveling expense when traveling in the service of the State or any agency thereof by automobile. The said rate per mile shall be uniform and of general application to all departments, agencies, and institutions of the State. Said rate shall be subject to change by the State Supervisor of Purchases, who shall consult with the heads of the several departments, agencies, boards, bureaus, and institutions interested therein, and such mileage allowance shall be fixed in such manner as will reasonably cover the cost of operating such automobile, but the same shall not exceed five cents per mile. Mileage for State officers and employees. Section 4. Be it further enacted from and after the passage of this act, all officers, officials, or employees of the State and of the various departments, institutions, boards, bureaus, and agencies of the State, required to travel by automobile in the performance of their official duties, shall themselves furnish out of their own personal funds such automobile as may be necessary for their official use, and shall receive, for the use of such automobile and as expense of operating the same, such mileage allowance as is fixed by the State Supervisor of Purchases in conjunction with head or heads of various departments and bureaus. Section 5. Be it further enacted by the authority aforesaid, that the State Supervisor of Purchases, assisted by the heads of the departments, agencies, bureaus, or institutions, shall be charged with the duty of the enforcement of this act; and he shall supply such department, agency, bureau, or institution with suitable blanks for the purpose of carrying into effect the purpose and intent of this act, including tickets to be known as mileage tickets, which shall be in triplicates consecutively numbered, to show the date any trip was made, origin and destination of trip, miles traveled on the trip, and purpose for which the trip is made. No ticket shall cover more than one day's travel, and shall be

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signed by the officer or employee making such trip, who shall keep one copy thereof and forward the other two copies of said mileage ticket to the head of such department, board, bureau, agency, or institution in which he is employed, at the end of the week filing a weekly report to the head of the said department, agency, or bureau. And the head of such agency, board, bureau, or institution, or his authorized agent, shall, within five days after receipt of such weekly report, audit the same and place thereon his approval or disapproval of the same, and promptly forward copy of each ticket to the State Supervisor of Purchases for his records. The State Supervisor of Purchases shall have authority to inquire into the correctness and legality of such mileage tickets, and it shall be his duty to do so. When any mileage ticket has been approved by the head of such department, agency, or bureau, the same shall be paid to the officer or employee making the same from the general funds appropriated for such department or institution. Supervisor of Purchases to enforce Act. Mileage tickets. Audit. Payment of mileage ticket. Section 6. Be it further enacted by the authority aforesaid, that upon the approval of this act the head of each department, board, agency, or institution of this State shall file with the State Supervisor of Purchases a list of all officials and employees who are entitled to receive compensation under the provision of this act, said list to be approved by the State Supervisor of Purchases, and no employees or officials of any department or institution of this State shall receive any compensation under the provision of this Act whose name has not been so enrolled. Listing of those entitled to mileage. Section 7. Be it further enacted by the authority aforesaid, that it shall be unlawful for any officer of this State or any employee of any department, bureau, agency, board, or institution, while traveling in vehicles upon which the State is paying transportation mileage, to transport any political campaign literature or matter or to engage in

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soliciting votes or the transportation of any person or persons soliciting votes in any election or primary. Prohibited transportation of political literature or persons soliciting votes. Section 8. Be it further enacted, that all funds derived under this act from the sale of said State-owned automobiles shall be paid into the treasury of the State, and allocated to the use and for the benefit of the common schools of Georgia. Funds from sale of State automobiles, disposition of. Section 8. The Supervisor of Purchases shall have authority to prepare contracts representing sales of automobiles on deferred-payment plan, and to incorporate therein such provisions as will protect the State's interest, including retention of title, interest rate, insurance, and right of repossessing automobiles upon default in payment of purchase-money or any part thereof. Contracts for sale of State automobiles. Section 9. Be it further enacted that nothing herein shall affect or relate to trucks, tractors, or trailers. Act not to apply to trucks, tractors, trailers. Section 9. All officials and employees of State and departments thereof shall not under any condition be paid any subsistence and hotel or board allowance in excess of $2.50 per day when actually away from his place of abode and when in actual service of the State. Limit of expenses of travel. Section 10. Be it enacted further, that any person or persons violating any provision of this act shall be guilty of a misdemeanor, and upon conviction shall be punished as provided by law, and shall be removed from office. Penalty. Section 11. Should any part of this act be declared un-constitutional or otherwise inoperative, the remaining portions hereof shall not be invalidated. Act not invalidated by invalidity of part. Section 12. Be it further enacted, that all laws and parts of laws in conflict in provision with this act be and the same are hereby repealed. Approved March 15, 1933.

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AUTOMOBILES, FELONIOUS ENTRY OF. No. 146. An Act to make it a felony in this State for any person to break and enter an automobile or other motor-vehicle with the intent to commit a larceny or a felony; to provide punishment therefor; to provide that the punishment may be reduced to that prescribed for misdemeanors, under certain conditions; 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 if any person shall break and enter any automobile or other motor-vehicle with the intent to commit a larceny or a felony, he shall be guilty of a felony and, upon conviction, shall be sentenced to confinement and labor in the penitentiary of this State for not less than one nor more than five years; provided, however, if the jury trying the case shall recommend mercy and the trial judge approve the recommendation, the prisoner shall be sentenced as for a misdemeanor, or in case a plea of guilty is submitted, the trial judge may reduce the punishment to that provided by law for misdemeanors, of his own motion. Breaking and entering motor-vehicle; punishment. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. BUILDING-CONSTRUCTION SAFEGUARDS. No. 354. An Act to provide safeguards for workmen on building construction; to regulate scaffolding, pulleys, hoists, etc., used on such construction, in counties having a population

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of two hundred thousand or more; 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 after the passage and approval of this Act it shall be unlawful for any person employing or directing others, in counties having a population of 200,000 or more, to perform labor of any kind in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure, without first having furnished proper protection to such person so employed or directed. Safeguards in building construction in county of 200,000 or more population. Section 2. All scaffolding, or staging, swung or suspended from an overhead support, or erected with stationary supports (except scaffolding wholly within the interior of a building, or structure, and covering the entire floorspace therein), twenty feet or more from the ground, shall have a safety-rail properly attached, bolted, braced, and otherwise secured, which said safety-rail shall rise at least thirty-four inches above the floor, or main portions of such scaffolding or staging, and extend for the full length of such staging, and along the ends thereof, with only such openings as may be necessary for the delivery of materials being used on such scaffold or staging. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building, or structure. Scaffolding, etc., how constructed. Section 3. All scaffolding or staging shall be so constructed that it will bear four times the weight required to be depended therefrom, or placed thereon, when in use. Section 4. The Commissioner of Labor shall, upon complaint being made, cause an immediate inspection of a scaffold, or mechanical device connected therewith, concerning which complaint has been made. He shall attach to every scaffold, staging, mechanism, or mechanical device, inspected by him, a certificate bearing his name and the date of inspection, on which certificate he shall plainly state

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whether he has found the scaffolding, staging, or mechanical device, Safe or Unsafe. Inspection and certificate of Commissioner of Labor. Section 5. If the Commissioner of Labor finds scaffolding, staging, or mechanical device, complained of, unsafe, he shall at once notify, in writing, the person responsible for the erection and maintenance of the scaffolding that he has found it to be unsafe. Said commissioner shall then prohibit the use of such scaffolding, staging, or mechanical device, by any person, as such, until all danger has been removed; or until it has been made to comply with the terms of this Act, by alteration, reconstruction, demolition, and replacement, as the Commissioner may direct. Notice of unsafe condition. Section 6. Such notice may be served personally upon the person responsible under the law; or such service may be perfected by affixing such notice in a conspicuous place on the scaffold, staging, or mechanical device found unsafe. The manner of service to be within the discretion of said Commissioner of Labor. Service of notice. Section 7. All persons wilfully, knowingly, and persistently continuing the use of a scaffold, staging, or other mechanical device, in violation of this Act, after same has been pronounced unsafe by the Commissioner of Labor, shall be deemed guilty of a misdemeanor. Punishment. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1933. CERTIORARI, NEW TRIAL ON. No. 77. An Act to amend an Act to provide that whenever any justice of the peace, ordinary, judge of any city court, county court, criminal court, municipal court, recorder's court, mayor or council, or the officer of any inferior

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judiciary shall make answer to any writ of certiorari from any case tried in either of such courts, the judge of the superior court granting the writ of certiorari shall forthwith, in term time or vacation, grant a new trial, as is provided under section 5202 of the Civil Code of Georgia of 1910, where such respondent dies before making answer to the certiorari. Section 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 5202 of the Civil Code of Georgia of 1910 be and the same is hereby amended by adding after the first two words on the fifth line of said section 5202, after the words certiorari served, the following words: or if the justice of the peace, ordinary, judge of the city court, county court, criminal court, recorder's court, municipal court, mayor or council, or the officer of any inferior judicatory shall answer that he cannot or does not remember or recollect what occured at the trial of the case, and therefore cannot make answer to the same, so that said section 5202, when amended, shall read: 5202: Certiorari, new trial ordered, when: In all cases pending in the superior courts upon certiorari from any justice's court, ordinary's court, city court, county court, criminal court, recorder's court, municipal court, mayor or council, or any other inferior judicatory, or any person exercising judicial powers before whom the case was tried shall die before answering the writ of certiorari served, or shall answer that he cannot or does not remember or recollect what occurred at the trial of the case, and he therefore can not or does not make answer to the same, it shall be the duty of the judge who granted the writ of certiorari forthwith, either in term time or vacation, to order a new trial to be had upon the case in the court below. C. C. (1910), 5202, amended. New trial where inability to answer certiorari appears. Section as amended. Section 2. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 27, 1933. CHIROPODY PRACTICE REGULATED. No. 348. An Act to regulate the practice of chiropody (podiatry) (foot practitioners) in Georgia; to define its practice; establish Board of Examiners; stating its duties and powers; provide examinations, licenses, reciprocity, annual registration, and fees to be charged; how licenses, certificates and name of each practitioner shall be publicly displayed in his place of practice; to define accredited chiropody colleges and certain exemption for students therein; provide compensation and expenses of the board in establishing and operation of this Act; to state the grounds for revoking and the procedure in the revocation of licenses; to provide a penalty for the violation of any of the terms of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. Definition. Chiropody (Podiatry), for the purpose of this Act, means the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment limited to the ailments of the human foot and leg. No chiropodist shall do any amputation or use any anesthetic other than local. Chiropody defined. Amputation, or anesthetic, prohibited. Section 2. Chiropody Board Established; Appointment of Members. A board is hereby established styled State Board of Chiropody Examiners. The Governor of Georgia shall, within thirty days after this Act becomes effective, appoint three chiropodists to constitute this board.

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The term of office of one member shall expire in one year, one in two years, and one in three years. Thereafter, at the expiration of each member's appointment, the Governor shall appoint his successor for a three-year term of office. The Governor shall have the power to remove from office any members of said board for cause, but shall immediately appoint his successor for the unexpired term, or shall fill any vacancy that may occur. Board of Chiropody Examiners. Section 3. Examinations; Time, Colleges Defined. Chiropody examinations shall be held semi-annually, in such city or town as the board shall agree upon; it shall publish date and place of meetings in newspaper published in the State of Georgia, having general circulation. The board shall from time to time adopt rules and regulations as they deem necessary for the performance of their duties. Any person wishing to practice chiropody shall make written application to the Board of Chiropody Examiners, fifteen days prior to examinations, in such form as shall be determined by the board. Applicants for license shall have attained the age of twenty-one years, be of good moral character, be a graduate of a recognized college of chiropody. Any legally incorporated college of chiropody shall be accredited as being of good standing which requires, prior to matriculation, a four high-school course or equivalent, and for graduation a course of studies of at least two years, covering twenty-six hundred scholastic hours or over. Examinations shall be in the English language, written or oral, embracing the following subjects: histology, dermatology, anatomy, physiology, chemistry, bacteriology, pathology, diagnosis and treatment, materia medica and therapeutics, clinical chiropody, and such added subjects as shall subsequently be taught by accredited colleges of chiropody. Any chiropodist graduating from any accredited college of chiropody may be granted the privilege to practice until the following examination, by his making application to the board and paying fee. The minimum requirement for

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license shall be a general average of seventy-five per cent. of the subjects involved, and not less than fifty per cent. in any one subject. Examinations. Rules of board. Application for license. Qualifications. Colleges. Subjects for examination. Section 4. Examination Fee, Annual Registration Recorded. There shall be paid the Secretary-treasurer of the Board of Chiropody Examiners, by each applicant to stand examination, twenty-five dollars ($25.00), which shall accompany the application. All licensed chiropodists in this State shall pay the Board of Chiropody Examiners annually, before the first day of September, one dollar ($1.00) renewal license fee. Otherwise continuation of chiropody practice shall be punishable as provided in this Act. Original license shall be recorded in clerk's office in superior court in each county where person licensed to practice under the provisions of this Act desires to practice, and clerk must issue such person a recorded certificate stamped with his seal. Such person must display in his place of practice original license, annual renewal certificate, and clerk's record certificate. All chiropodists within any establishment shall have their name appear on the front door, in or on a front window, visible to the general public. Fee for examination. etc. Renewal license fee. Record of license. Name on sign. Section 5. License Provided for Those now Practicing. All persons having been engaged in the practice of chiropody in Georgia one year or more, prior to and next preceding the approval of this Act, shall file their application for licenses to continue the practice of chiropody with the Board of Chiropody Examiners in the office of Secretary of State Boards, State Capitol, Atlanta, Ga., within ninety days after the passage of this Act. Application will be in writing accompanied by documentary evidence, satisfactory to the board, of above qualifications, together with $25.00 for license. All applicants filing applications after the day required in this Act shall stand examinations for licenses as herein provided. License for practitioners. Section 6. Fees to go to Fund in State Treasury. All monies received by this board shall be paid into the State

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Treasury monthly, and a receipt issued for the same and credited on the books of the State Treasurer as the State Board of Chiropody Fund. The funds arising under the provisions of this Act are hereby especially allocated, under the authority of the General Assembly of Georgia, for the compensation and expenses of said board. After the compensation and expenses of said board have been paid, the board shall have the right to establish a reserve or emergency fund from the monies arising under the provisions of this Act, not in excess of one thousand dollars ($1000.00). All surplus over 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. Fund from fees. Emergency fund. Section 7. Compensation and Expenses of the Board. Each member of said Board shall receive five dollars ($5.00) per day for every day spent in performance of his duties in connection with this Act, and necessary traveling expenses actually incurred. All printing, postage, and other expenses incurred by the board shall be paid from the State Board of Chiropody fund. After expense is approved by said board and sent to the Governor, he shall issue his warrant upon the State Treasurer for the amounts due; provided, that the amount so paid shall not exceed the amount received by the treasurer of the said board in advance. Pay of board members. Expenses. Section 8. Reciprocity. Persons licensed to practice chiropody in other States having equal statutory requirements of this Act may, in the discretion of the board, be issued a license to practice in this State without examination, upon the payment of fifty dollars ($50.00) to the Chiropody Board, if such States extend the same reciprocal privilege to this State. License to licenses from other States; fee. Section 9. Revocation of Licenses. The Board of Chiropody Examiners may, by a majority vote, refuse to grant or may revoke the license to practice chiropody in this State, of any person or applicant, upon the following

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grounds, to wit: employment of fraud or deception in applying for or passing examinations for license, habitual intemperance in the use of ardent spirits or narcotics, or flagrant immorality. In cases where license is revoked, the charges preferred by the board shall be made known to the person in writing, stipulating the place of hearing, and giving the person or his counsel twenty days notice. There may be an appeal from the judgement of the board by the person whose license is revoked, in court, as in other cases now provided for by laws of Georgia. The board shall have the power to compel the attendance of any witnesses in behalf of the board or the person. Any witness refusing to appear and testify, without legal excuse, at such hearing of said board, after having been served with a subpoena issued by said board, requiring such witness to appear and testify at such hearing, shall be guilty of contempt and the judge of the superior court in whose jurisdiction said hearing is held shall punish same as though committed before him, upon certification of said act to the judge by the board. Should the person not appear, the board must proceed with the hearing, and, upon satisfactory proof of the charges preferred, revoke the license, regardless of the default of the person to appear. Revocation of license; grounds. Notice of charges. Appeal. Subpoena, etc. Contempt. Default. Section 10. Incorporation. It shall be unlawful for any person or persons to incorporate under the laws of this State, for the purpose of practicing chiropody within this State; but the foregoing shall not apply to accredited chiropody colleges as herein defined, whose students are receiving their practical training under personal supervision of licensed chiropodists of this State. It shall be unlawful for any foreign corporation organized for such purpose to attempt to practice chiropody within this State. Incorporation for practice of chiropody, prohibited; colleges excepted. Foreign corporations. Section 11. Penalty of Unlawful Practice. Any person who shall practice or attempt to practice chiropody without a license, or otherwise violate any of the terms of this Act, or use any words or letters to induce others to believe

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that he is engaged in the practice of chiropody, or shall use any cutting instruments upon the feet, claiming to be practicing some other branch of the healing art, other than chiropody or medicine, shall be guilty of a misdemeanor, and upon conviction be punished as prescribed in section 1065 of the Penal Code of Georgia of 1910. For the purpose of properly establishing and carrying out the provisions of this Act, said board is empowered and may in its discretion pay from the chiropody board fund any expense incurred therewith. This Act shall not apply to any legally licensed medical doctor; and furthermore provided, that this Act shall not prohibit the fitting, recommending, or the sale of corrective shoes, arch supports, or similar mechanical appliances by retail dealers or manufacturers; provided, however, that such dealer or manufacturers shall not be entitled to practice chiropody as in this Act defined, unless duly licensed to do so as herein before provided. Penalty for violating Act. Section 12. Constitutionality. If any section, provision, clause, or any part of this Act shall be held unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other part. Act not invalidated by invalid part. Section 13. Be it further enacted by the power aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. CONFEDERATE SOLDIERS' HOME. No. 253. An Act to alter, amend, and revise the several Acts relating to the acceptance, creating, maintenance, management, and governing of the Confederate Soldiers' Home of Georgia; and for other purposes.

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Whereas, by an Act of the General Assembly of Georgia, adopted and approved August 16th, 1920 (Georgia Laws 1920, page 123), provision was mad for the maintenance of the Confederate Soldiers' Home of Georgia for a period of ten years from June 3, 1921, and whereas at the expiration of said period it was necessary to make provision for the further period of time, and whereas such period was extended for a period of ten years from June 3, 1921, to June 3, 1931, and whereas the General Assembly of 1931 extended the period to another two years to June 3, 1933; now therefore: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Confederate Soldiers' Home of Georgia shall be maintained by the State of Georgia for the benefit of such ex-Confederate soldiers as may need the benefit thereof for a period of two (2) years from June 3, 1933, or for such period as the number of inmates or applicants may justify or require, in the discretion of the General Assembly. Time for maintenance of Soldiers' Home extended. Section 2. Be it further enacted by the authority aforesaid, that all the provisions of section three (3) of the said Act of August 16th, 1920, relating to the admission of ex-Confederate soldiers into said home and their care and treatment while in said home, are hereby re-enacted into law and continued of force; provided that the home may be closed by the Governor at any time during that period that the number of inmates decrease to the extent that same be justified. Admission, care, and treatment, provisions of Act of 1920 as to, re-enacted. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933.

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CONVICTS, PROHIBITING USE OF, IN CERTAIN COUNTIES. No. 135. An Act to prohibit the use of convicts sentenced for either felonies or misdemeanors in certain of the counties of this State, whenever the same shall have been or shall be recommended by two successive grand juries of the county; to provide for the resumption of the use of such convicts upon the recommendation of two successive grand juries. Section 1. Be it enacted, that from and after the passage of this Act, that in all the counties of this State having a population of not less than 9,465 and not more than 9,665, according to the United States Census of 1920 or according to any future Census of the United States, the use of convicts on public works or roads of such county or counties either in chain-gangs or otherwise, whether such convicts be sentenced for misdemeanors or felonies, is and shall be absolutely prohibited in any such counties whenever two successive grand juries of the county shall so recommend or shall have recommended prior to the passage of this Act. Prohibition of use of convicts in counties of 9465 to 9665 population. Section 2. Be it further enacted, that whenever in any counties embraced within the class above described the use of convicts shall be or shall have been prohibited as above provided, the use of such convicts in said county, whether convicted for felonies or misdemeanors or both, shall be resumed whenever such use shall be recommended by two successive grand juries of the county; and when the use of such convicts is so resumed, all laws then in force, relative to the use of such convicts either in chain-gangs or otherwise, shall be applicable to said county. Resumption of use of convicts. Section 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1933.

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CONVICTS, WARDENS, ETC. APPOINTMENT AND REMOVAL. No. 68. An Act to provide that in counties of this State, having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States, the warden, deputy warden, guard, physician, or any other officer or employee having charge, control, or direction of convicts, whose salary is payable out of the treasuries of such counties, shall be named and their salaries fixed by the Board of County Commissioners of such counties, or other fiscal agent thereof, who may, in their discretion, remove and discharge such officers or employees; and for other purposes. Section 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, in all counties in this State having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States, the warden, deputy warden, guard, physician, or any other officer or employee who has charge, control, or direction of convicts in such counties, and whose salary is payable out of the county treasury of any of such counties, shall be appointed by the Board of County Commissioners, or other fiscal agent of the respective counties affected hereby; and any such officers or employees may be removed at the pleasure of the Board of County Commissioners, or other fiscal agent authorized to appoint such officers or employees. Appointment and removal of wardens, etc., for convicts in counties of 75,000 to 100,000 population. Section 2. Be it further enacted by the authority aforesaid, that the compensation to be paid out of the treasury of any such counties shall be fixed by the Board of County Commissioners, or other fiscal agent of the county paying such compensation, which may be changed from time to time

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in the discretion of such board or other fiscal agent of the county. Compensation. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1933. CORPORATIONS; REVIVAL OF CHARTERS. No. 319. An Act to amend An Act providing for the revival of the charter of a corporation incorporated by a judgment of the Superior Court, whose charter has expired, within five years from the date of the expiration, and for other purposes, approved August 17, 1912, as amended by the Act approved August 6, 1914, providing that said Act shall embrace the charters of all corporations, including those incorporated by an act of the Legislature, or by a certificate from the Secretary of State of the State of Georgia, so as to provide for the revival of the charter of a corporation whose charter has expired, within ten years from the date of the expiration of said charter; and for other purposes. Section 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 17, 1912, of An Act providing for the revival of the charter of a corporation, incorporated by a judgment of the Superior Court, whose charter has expired, within five years from the date of the expiration, and for other purposes, as further amended by the Act approved August 17, 1912, so as to embrace the charters of all corporations, including those incorporated by an Act of the Legislature, or by a certificate from the Secretary of State of the State of Georgia, be further amended by striking and repealing in Section 1

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the word five wherever it appears, and substituting and enacting in lieu thereof the word ten, so that said Section 1 of the Act approved August 17, 1912, and as further amended by the Act approved August 6, 1914, as now amended, shall read as follows: Ga. L. 1912, p. 107, Ga. L. 1914, p. 96, amended. Sec. 1. That in all cases where a charter of any corporation incorporated by an Act of the Legislature, or by a certificate of the Secretary of State of the State of Georgia, or by any Superior Court of this State, has expired, and such corporation has continued in business in ignorance of such expiration, said charter may be revived, if granted by an Act of the Legislature or by a certificate from the Secretary of State of the State of Georgia, in the same manner as original charters are now procured from the Secretary of State of the State of Georgia, at any time within ten years from the date of such expiration; and if incorporated by judgment of any Superior Court of this State, said charter may be revived by a judgment of the Superior Court of the county of residence of the original corporation, in the same manner as the original charter was procured, at any time within ten years from the date of such expiration; provided, that a majority of the stockholders of such corporation, at a regular or called meeting, notice of the purpose having been given to the stockholders, adopt a resolution asking for such reviver, and all the stockholders shall be bound by the resolution. Upon the Secretary of State issuing a certificate reviving such corporation, or upon the Superior Court passing an order reviving such corporation, all the property and other rights of such corporation shall continue in the corporation as so revived, and the acts doings of such corporation, in the period between the date of expiration and date of reviver, shall be thereby confirmed and held as the acts and doings of the original corporation so revived, and such corporation shall continue from the date of such certificate by the Secretary of State, or the date of such order by the Superior Court for the full period allowed by law for such corporations. Revival of charters in 10 years.

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Section 2. Be it further enacted by the General Assembly of the State of Georgia, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. COSTS OF MISDEMEANOR TRIALS. No. 125. An Act to amend an Act approved July 28th, 1923, entitled An Act to amend an Act to provide payment by counties in this State having a population, according to the last census, of not less than 24,890 nor more than 24,995, and in counties having a population of not less than 22,695 nor more than 22,675, of actual cost incurred in superior and city courts for trial and conviction of misdemeanor convicts worked by said county upon public roads of same, as approved August 13th, 1910. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, in all counties in the State having, according to the last census, a population of not less than 24,890 nor more than 24,995, and in counties having a population of not less than 22,625 nor more than 22,675, and which said counties operate and maintain a chain-gang for work upon the public roads of same, the county commissioner, or other county officers having charge of the fiscal affairs of said county, shall, upon receipt of misdemeanor convicts which have been convicted in superior or city courts of said county, pay to the officers of said court out of the county treasury, as compensation for services rendered in trial and conviction of said convicts so delivered, their legal fees and costs as fixed by law, in said cases only. The costs and fees of justices of the peace and constables in said cases shall also be paid by said authority. Provided further, that the terms and provisions

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visions of this Act shall also apply to and control in all counties in this State having, according to the last census, a population of not less than 23,550 nor more than 23,560, of not less than 14,325 nor more than 14,335, and not less than 9,980 nor more than 9,990, as approved July 28th, 1923, be and the same is hereby amended by adding at the end of Section 1 the following words: Provided further, that the terms and provisions of this Act shall apply to and control in all counties in this State having, according to the United States Census of 1930, a population of not less than 26,505 nor more than 26,515, and shall apply to and control in all counties in this State having, according to any future census of the United States, a population coming within said numbers; so that when amended section will read: Ga. L. 1923, p. 85, amended. Amendment as to costs in misdemeanor cases in counties of 26505 to 26515 population. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, in all counties in the State having, according to the last census, a population of not less than 24,890 nor more than 24,995, and in counties having a population of not less than 22,625 nor more than 22,675, and which said counties operate and maintain a chain-gang for work upon the public roads of same, the county commissioner, or other county officers having charge of the fiscal affairs of said county, shall, upon receipt of misdemeanor convicts which have been convicted in superior or city courts of said county, pay to the officers of said court out of the county treasury, as compensation for services rendered in trial and conviction of said convicts so delivered, their legal fees and costs as fixed by law, in said cases only. The costs and fees of justices of the peace and constables in said cases shall also be paid by said authority. Provided further, that the terms and provisions of this Act shall also apply to and control in all counties in this State having, according to the last census, a population of not less than 23,550 nor more than 23,560,

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of not less than 14,325 nor more than 14,335, and not less than 9,980 nor more than 9,990. Provided further, that the terms and provisions of this Act shall apply to and control in all counties in this State having, according to the United States Census of 1930, a population of not less than 26,505 nor more than 26,515, and shall apply to and control in all counties in this State having, according to any future census of the United States, a population coming within said numbers. Section as amended. Section 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 March 1, 1933. CROPS AND GROWING CROPS DEFINED. No. 176. An Act to define the words crops and growing crops as now used in existing statutes relating to bills of sale, mortgages, and liens to secure debt, and as used in existing statutes declaring crops to be personalty, so that said words crops and growing crops shall include and embrace the fruits and products of all plants, trees, and shrubs, whether the same be annual or perennial plants, trees, and shrubs; to provide that the term agricultural commodity includes, in addition to other agricultural commodities, crude gum from a living tree; and to provide that should any section or provision of this Act be held unconstitutional, the remaining sections and provisions shall be of full force and effect. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act the words crops and growing crops as now used in existing statutes relating to bills of sale, mortgages, and liens to

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secure debt, and as used in existing statutes declaring crops to be personalty, shall include and embrace the fruits and products of all plants, trees, and shubs, whether the same be annual or perennial plants, trees, and shrubs. Definitions of crops, growing crops, plants, trees, shrubs included. Section 2. As used in this Act, the term agricultural commodity includes, in addition to other agricultural commodities, crude gum (oleoresin) from a living tree, and the following products as processed by the original producer of the crude gum (oleoresin) from which derived; gum spirits of turpentine and gum rosin, as defined in the Naval Stores Act approved March 3, 1923. Definition of agricultural commodity, in Naval Stores Act. Section 3. Should any section or provision of this Act be held unconstitutional for any reason, the remaining sections and provisions shall be of full force and effect. Act not invalidated by invalidity of part. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. ELECTION WHERE INELIGIBILITY DECLARED. No. 67. An Act to provide for the calling of special elections whenever any person who has been elected to any county office in the State of Georgia, including the office of ordinary of the several counties thereof, shall have been declared, by the judgment of a court of competent jurisdiction in a proceeding brought for such purpose, ineligible to hold such special elections, and the term during which they in which such elections shall be called and held; to fix the rights and duties of the persons or officers elected in such special elections, and the terms during which they shall serve; to provide for the termination of the rights of any incumbent or predecessor holding over in any such office; 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 whenever any person is elected to any county office in this State, including the office of ordinary of the several counties thereof, qualifies therefor by filing the bond and taking the oath required of him by law, and receives his commission as such, and is thereafter declared ineligible to hold such office by the judgment of a court of competent jurisdiction in a proceeding brought for the purpose of determining his right or eligibility to hold such office, it shall be the duty of the officer who is required by law to call a special election in the event of a vacancy in such office, and, in the event there is no provision of law for the calling of such special election, then it shall be the duty of the clerk of the superior court of the county in which such office exists, to call a special election for the purpose of electing a successor to fill the remainder of the unexpired term to which such person so declared ineligible to hold office was elected. Election where county officer is declared ineligible. Section 2. Be it further enacted by the authority aforesaid, that all such special elections provided for herein shall be called and held in the manner provided by law for the calling and holding of special elections to fill vacancies in such offices. Section 3. Be it further enacted by the authority aforesaid, that, whenever a special election is called and held as provided herein, the person elected to such office shall be entitled to fill such office and discharge the duties thereof for the remainder of the term to which such person so declared ineligible was elected, and any incumbent or predecessor holding over in any such office shall cease to have any right or authority to hold such office or discharge the duties thereof whenever the person so elected thereto in such special election shall qualify by filing the bond and taking the oath required of him by law and shall have received his commission. Rights of person elected.

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Section 4. Be it further enacted by the authority aforesaid, that the provisions of this act shall become effective and of force immediately upon its passage by the General Assembly and its approval by the Governor. Act effective on approval. Section 5. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this act be and the same are hereby repealed. Approved February 23, 1933. ELECTIONS IN CERTAIN COUNTIES. No. 252. An Act to amend the act approved August 21, 1922, providing for a secret and private ballot at all elections held in this State, prescribing the duties of certain officials, and providing rules and regulations for such elections, and penalties for violation of the same, and for other purposes which act is codified as general regulations governing elections in Section 138 (8-21) of Michie's Georgia Code of 1926, by providing that Section 18 of said act shall not apply to those counties having a population, under the census of 1930, of not less than nineteen thousand three hundred (19,300) nor more than nineteen thousand five hundred (19,500), and providing further that in such counties all offices at the court-house shall be closed on election day, and providing for at least two polling-places in the county-seat. 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 18 of the act approved August 21, 1922, prescribing general rules and regulations for all elections held in this State, be amended, and the same is hereby amended, by adding to said section the following words and figures, to wit: Provided,

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this section shall not apply to those counties having a population, under the census of 1930, of not less than nineteen thousand three hundred (19,300) nor more than nineteen thousand five hundred (19,500) inhabitants. Ga. L. 1922, p. 97, Sec. 18, amended. Not to apply to counties of 19300 to 19500 population. Section 2. Be it further enacted by the authority aforesaid, that the terms and provisions of the Act aforesaid go into effect immediately upon the passage of this Act in all those counties within the above-named classification, and without regard to the recommendation of any grand juries in such counties. Act effective on passage. Section 3. Be it further enacted, that from and after the passage of this act all offices at the court-house in those counties in the above-named class be closed on all election days. Offices in court-house to be closed on election days. Section 4. Be it further enacted by the authority aforesaid, that in all elections for state or county officers at least two polling-places conveniently located, as far as four blocks apart, be provided for the voters in the county-seat of all counties within the above-named class. Polling places at county-seat. Section 5. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 23, 1933. EMBALMING LAW AMENDED. No. 309. An Act to revise and amend the following three described acts relating to the Georgia State Board of Embalming, to wit: Act No. 367, pages 70, 71, 72, and 73, Georgia Laws of 1899, approved December 20th, 1899, and the amendment Act thereto contained in Act No. 563, pages 77, 78, 79, 80, 81, 82, and 83, Georgia Laws of 1916, approved August 19th, 1916, and the amendment Act

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No. 375, on pages 188, 189 and 190 Georgia Laws of 1925, approved August 22nd, 1925, entitled an Act to amend an Act to establish a State Board of Embalming, to provide for the better protection of life and health, to prevent the spread of contagious diseases, to regulate the practice of embalming, and the care and disposition of the dead, and for other purposes, the same being Act No. 367, pages 70, 71, 72, and 73 of the Georgia Laws of 1899, approved December 20th, 1899, as amended by an Act to amend an Act to establish a State Board of Embalming, to provide for the better protection of life and health, to prevent the spread of contagious diseases, to regulate the practice of embalming and the care and disposition of the dead, and for other purposes, approved December 20th, 1899, so as to empower said Board of Embalming to make rules and by-laws from time to time as it seems necessary to properly carry out the provisions of this Act, to revoke the licenses of any licensed embalmer for incompetency or misdemeanor; also to empower said Board of Embalming to adopt proper rules for the transportation of dead human bodies, and to adopt or prepare a standard permit for the transportation of such bodies; also to further amend said Act so as to enforce the collection of the renewal fee now prescribed by law, and further, to amend said Act so as to require all applicants for license to have had as much as one year's practical service under the direction of a licensed embalmer; also to empower the State Board of Embalming to recognize licenses issued to embalmers by other authorities of other States having practically equal requirements, the same being Act No. 563, on pages 77, 78, 79, 80, 81, 82, and 83, Georgia Laws of 1916, approved August 19th, 1916, and as amended by an Act to amend an Act to establish a State Board of Embalmers; to provide for the better protection of life and health; to prevent the spread of contagious diseases; to regulate the practice of embalming and the care and disposition of the

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dead; and for other purposes, approved December 20th, 1899, so as to empower said Board of Embalmers to increase the license fee of applicants desiring to become licensed embalmers; to provide for the employment and payment of legal counsel to represent the Board in the enforcement of the provisions of the law regulating the practice of embalming; and for other purposes, the same being Act No. 375, Georgia Laws of 1925, on pages 188, 189, and 190, approved August 22nd, 1925, so as to provide that any person who may be appointed on the board shall be a licensed embalmer in good standing, with renewal fees paid up to date, and to provide the grounds on which a license may be refused or revoked; and the method to be followed by the board in doing the same; to prescribe the right of appeal from the Acts of said board in refusing a grant of or for revoking a license; and authorize a hearing by the board for such purposes; to prescribe the power of the board to call, hold, and render judgment at such hearing; to vest said board with authority to cite the applicant or licentiate to answer to such hearing; to authorize said board to summon witnesses, administer oaths, and take testimony at such hearing; to provide for the payment of costs by such applicant or licentiate, and fix the amount thereof incident to such hearing, enter a judgment therefor and issue execution thereon; to provide for the cancellation of the record of a license by the Ordinary when such license is revoked; to provide for the issuing of a new license or the grant of a license to a person affected; to fix fee for the grant of a new license; and to prescribe for the handling of disinterred and outside cases, and to provide for the bolting and placing of handles to outside cases, and to provide for the requirements as to age, training, education, character, and general and special qualifications of applicants, and the proof thereof to be made to the board, the application and examination of applicants, and for the determination of the amount of the license fee to be not to exceed

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fifty dollars as prescribed by the board, the issuance and registration of licenses by the board, and the display in the office of the licentiate of said license, and the registration of the same in the Ordinary's office; to provide for renewals of licenses, the fee to be paid therefor, the payment of one dollar extra for the renewal license in the event the renewal fee is not paid by March 1st of any year, the recording of said renewal in the Ordinary's office and the compensation therefor; to provide for reciprocal licenses, the basis on which the same may be issued, and the fee to be paid therefor; and to provide that no embalmer in the State shall be entitled to collect any fee or commission for any materials or goods furnished or services rendered, in the event he or she has failed to qualify with the provisions of this Act, or of the three acts amended hereby as set out in the title to this 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 Section 1 of an Act to establish a State Board of Embalming; to provide for the better protection of life and health; to prevent the spread of contagious diseases; to regulate the practice of embalming, and the care and disposition of the dead; and for other purposes, the said Act being Act No. 367, on pages 70, 71, 72, and 73 of the Georgia Laws of 1899, approved December 20th, 1899, and the said section reading, Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that there is hereby established and created a board to be known as the Georgia State Board of Embalming. The board shall consist of five members, to be appointed by the Governor, and all vacancies occurring on the board shall be filled by the Governor. The members of said board shall be practical embalmers, having experience in said business and the care of and the disposition of dead bodies. The members of said board shall be residents of this

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State, be amended by inserting in the seventh line of said section, between the words practical and embalmers, the word licensed, and after the word embalmers the words in good standing, with renewal fees paid up to date, so that said Section 1, when so amended, shall read as follows: Amendment of Act of 1899 as amended, as to embalming. Sec. 1 amended as to qualifications of members of board. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That there shall be a board to be known as the Georgia State Board of Embalming. The board shall consist of five members, to be appointed by the Governor, and all vacancies occurring on the board shall be filled by the Governor. The members of the board shall be practical licensed embalmers in good standing, with renewal fees paid up to date, having experience in the business and the care of and the disposition of dead human bodies, and shall be residents of the State. Section as amended. DEFINITION. The term embalming in the State of Georgia shall mean the external application, muscular injection, or cavity injection of an antiseptic, disinfectant or preservative fluid, for the preservation and beautification of the human dead, of not less than a 3% solution of an approved chemical. It shall also include derma surgery or plastic art for the restoration of accident or mutilated cases. No one shall engage in the practice of methods of embalming or any other methods hereafter to become in vogue, without first complying with this Act. Any person holding themselves out to be an embalmer by placing this term after their names on a business sign, letterhead, or card, without first complying with this Act, shall be considered guilty of practicing without a license, and the use of these terms shall be prima facie evidence of their guilt. Embalming defined. Unlawful use of term embalmer.

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APPRENTICE REGISTRATION. All apprentice embalmers shall register with the secretary of the State Board of Embalmers upon beginning their apprenticeship, and keep the secretary informed of any changes in their location during this time. Every applicant must be registered two years in order to be recognized as a candidate for licensure. This shall not apply to those who have already begun their apprenticeship before this act goes into effect, who shall be permitted to register, whatever experience they may have at the time this act goes into effect. Neither shall this section apply to embalmers who already hold a license from another State. The fee for registration of apprenticeship shall be $2.00, payable at the time of registration to the Secretary of the State Board of Embalming. Registration of apprentice. Fee for registration. Section 2. Be it further enacted by the authority aforesaid, that said Act be further amended by adding a new section to follow Section V of said Act of 1899, to be known as Section V, as follows: Said board may refuse to grant a license to practice embalming in this State, or may cause a licentiate's name to be removed from the records in the office of any Ordinary in this State, on the following grounds, to wit: The employment of fraud or deception in applying for license or in passing the examination provided for in this Act; or when a license has been issued through error to any person in this State; conviction of crime involving moral turpitude; the practice of embalming under a false name, or the impersonation of another embalmer or undertaker of a like or different name; habitual intemperance in the use of ardent spirits, narcotics, or stimulants to such an extent as to incapacitate him for the performance of professional duties; the failure to pay the renewal fees by March 1st of any year, as provided for in this act; and it shall be the duty of the secretary of the Board to prefer charges against any licentiate for failure to pay the renewal fees as provided for in this act; or when any person or firm

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makes a false statement or representation regarding the qualifications, training, or experience of any applicant for examination, or who makes a misrepresentation of any kind of funeral furnishings; or who, directly or indirectly, by gifts or otherwise, commits the offense of buying business, or pays a commission or makes gifts, directly or indirectly, for the purpose of securing business, to any physician, hospital, or any institution where death occurs, or to any hospital superintendent, nurse, interne, or employee of any hospital, home, place, or institution where death occurs or when said applicant or licentiate is not a prson of good moral character, or the person shall be guilty of gross or wilful malpractice of the science of embalming, or said person shall be guilty of wilfully violating any law, rule, or regulation of the Georgia State Board of Health, governing the disposition of dead human bodies, or shall have knowingly and wilfully signed a certificate as having embalmed or prepared a body when in fact some one else did it, or shall have been guilty of malpractice or gross neglect in the conduct of his profession, or shall ship dead human bodies in violation of the transportation rules, or shall have been guilty of interfering in any manner, either directly or through any other person, with a licensed embalmer having charge of a body in a legal way. The said board may, upon satisfactory proof made that applicant or licentiate has been guilty of any of the offenses above enumerated, refuse to grant a license to said applicant, or may revoke the license of said licentiate upon a majority vote of said board. There may be an appeal from the judgment of 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 in 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. The party whose license is revoked or refused shall be liable for costs as follows: preparing copies of notice, $2.00; procuring service of said notice, $2.00; each subpoena for witness, or for production

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of any book, writing or document, 15c; transmitting appeal, $2.00; procuring cancellation of revoked license, 25c. Said board is empowered to enter up judgment for said costs as may accrue under the provisions of this Act, against the party liable therefor, as herein provided, and issue execution thereon, which shall bear test in the name of said board and be signed by its secretary. In all cases wherein a license has been revoked and no appeal has been entered within the time allowed by law, it shall be the duty of the secretary of said board, immediately after the expiration of the time allowed for appeal, to transmit to the Ordinary in whose office the revoked license is recorded a copy of the order of said board revoking said license, certified by said secretary, with a fee of 25c, and it shall be the duty of said Ordinary to cancel the record of said license by entering upon the face thereof a copy of said certified order. In a case wherein appeal proceedings are had and not sustained, the revoked license shall be cancelled in the manner above provided, immediately after the final termination of such case. The appeal herein provided for shall be had upon the payment of costs or the making of the affidavit in lieu thereof, as provided by law in other cases. Upon the preferment before said board of any of said charges above enumerated against any licentiate or applicant for license, it shall be the duty of said board to cause written notices of the time and place of hearing upon said charge, together with a copy of the charge preferred, to be served upon such licentiate or applicant twenty days before hearing. Said board shall prepare two copies of said written notice, and attach to each of said notices a copy of the charge preferred, and cause the same to be delivered to the sheriff or his deputy of the county of the residence of the licentiate or applicant against whom charge has been preferred, together with two dollars as a fee for service, who shall within ten days deliver to such licentiate or applicant personally, or leave at the most notorious place of abode of such party, one of said notices, with copy of said charge attached, and

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then return the other notice with copy of charge attached thereto to said board, together with said officer's entry of service thereon. Said licentiate or applicant shall have the privilege to make defense at said hearing, either in person or by attorney, and on application to said board he shall be furnished by said board with a subpoena for any witness in his behalf, or for the production of any book, writing, paper, or document to be used in his behalf on said hearing. Said board shall have the power to compel the attendance of any witness, or the production of any book, writing, or other document in the possession, custody, or control of any witness or other person, at such hearing of said board; and any witness or person refusing to produce any book, writing, or other document, or to appear or testify, without legal excuse, at such hearing of said board, after having been served with a subpoena issued by said board requiring such witness to appear, produce any book, writing, or other document, or testify at such hearing, shall be guilty of contempt; and upon certification of such act by said board to the judge of the superior court in whose jurisdiction said hearing is held or to be held, the judge shall punish the same as though committed before him. No license of any applicant shall be refused nor license of any licentiate shall be revoked on account of the default or failure of the applicant or licentiate to appear, but in case of default said board may proceed with the hearing, and, upon satisfactory proof made of the truth of the charge preferred, refuse a license to the defaulting applicant, or revoke the license of such defaulting licentiate, regardless of the absence at said hearing of such applicant or licentiate. However, at any time after six months from the final termination of the proceeding refusing or revoking a license, said board may, by a majority vote, issue a new license or grant a license to a person affected, restoring and conferring all the rights and privileges of and pertaining to the practice of embalming as defined and regulated by this Act. Any person to whom such rights and

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privileges have been so restored shall pay to the secretary a fee of twenty-five dollars on the issuance of a new license. New section, V . Refusal or revocation of license, grounds. Appeal. Costs. Notice and hearing. Service fee. Subpsnas, etc. Contempt. Default. Reinstatement; $25 fee for license. Section 3. Be it further enacted by the authority aforesaid, that Rule V of section V, Georgia Laws of 1916, approved August 19th, 1916, of an Act to amend an Act to establish a State Board of Embalming, to provide for the better protection of life and health, to prevent the spread of contagious diseases, to regulate the practice of embalming and the care and disposition of the dead, and for other purposes, approved December 20th, 1899, so as to empower said Board of Embalming to make rules and by-laws, from time to time as it seems necessary, to properly carry out the provisions of this Act; to revoke the licenses of any licensed embalmers for incompetency or misdemeanor; also to empower said Board of Embalming to adopt proper rules for the transportation of dead human bodies, and to adopt or prepare a standard permit for the transportation of such bodies; also to further amend said Act so as to enforce the collection of the renewal fee now prescribed by law; and further, to amend said Act so as to require all applicants for license to have had as much as one year's practical service under the direction of a licensed embalmer; also to empower the State Board of Embalming to recognize licenses to embalmers by other authorities of other States having practically equal requirements; the same Rule V being on page 81 of the said Acts of 1916 and in Act No. 563, be amended by striking out the said Rule V in its entirety, and by inserting in lieu thereof the following to be known as Rule V. The outside case may be omitted in all instances when the body is transported in auto or horsedrawn hearse or funeral director's wagon, except in distinterred cases. Ga. L. 1916, p. 81, Sec. V. Rule V stricken; new Rule V substituted. Rule V; omission of outside case. Section 4. Be it further enacted by the authority aforesaid, that Rule VI of Section V of the immediately above-described Act, the said Act being Act No. 563, Georgia Laws of 1916, approved August 19, 1916, the said Rule VI

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being on page 81 of said Act, be amended by striking out the said Rule VI in its entirety, and by inserting in lieu thereof the following to be known as Rule VI. Every outside case shall bear at least four handles, and when over five feet six inches in length shall bear six handles, and said handles must be bolted on to said case. Rule VI of Sec. V stricken; new Rule VI. Handles of case. Section 5. Be it further enacted by the authority aforesaid, that Section 1 of an Act to amend an Act to establish a State Board of Embalmers; to provide for the better protection of life and health; to prevent the spread of contagious diseases; to regulate the practice of embalming and the cure and disposition of the dead; and for other purposes, approved December 20th, 1899, so as to empower said Board of Embalmers to increase the license fee of applicants desiring to become licensed embalmers; to provide for the employment and payment of legal counsel to represent the board in the enforcement of the provisions of the law regulating the practice of embalming; and for other purposes, the said Section 1 being on pages 188 and 189 in Act No. 375, Georgia Laws of 1925, approved August 22nd, 1925, be amended by striking out the entire Section 1 and by inserting in lieu thereof the following to be known as Section 1. Ga. L. 1925, pp. 188-9. Sec. 1 stricken; substitute. A person desiring to engage in the practice of embalming dead human bodies in the State of Georgia shall make a written application to the State Board of Embalming for a license, accompanying the same with such license fee as may have been fixed by the State Board in its discretion, but not to exceed fifty dollars; whereupon the applicant aforesaid shall present himself or herself before said board at a time and place to be fixed by the board, and if the board shall find, upon due examination, that the applicant is of good moral character, a resident of the State of Georgia, at least twenty-one years of age, has served not less than two years apprenticeship under a licensed embalmer in the State of Georgia, and this period of time must be shown by a sworn

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affidavit of the embalmer or embalmers under whom said applicant served, and the sworn affidavit or affidavits must show that the applicant worked at least ten hours per day each working day for the entire two-years period of the applicant's apprenticeship, and this time does not have to have been served consecutively, that the applicant has a high-school education of not less than fourteen Carnegie units or the equivalent thereof, the determination of the equivalent education of the applicant to be left to the discretion of the board, and has a certificate of graduation of not less than six-months course from an embalming school whose accredited rating is not less than Grade A as recognized by the Conference of Embalming Examining Boards of the U. S. A., Inc.; provided, however, that if the applicant be a licensed embalmer from another State whose license was issued to him by the proper authority of said State before January 1, 1930, it shall not be necessary for him to have had the six-months training in an embalming school, and is possessed of a knowledge of the venous and arterial systems, the location of heart, lungs, stomach, bladder, womb, and other organs in the human body, the location of abdominal, pleural, and thoracic cavities, the location of the carotid, brachial, radical, ulnar, femoral, and tibial arteries, a knowledge of anatomy, hygiene, sanitation, bacteriology, pathology, restorative arts, chemistry, osteology, etc., and of the science of embalming and the care and disposition of the dead, and has a reasonable knowledge of the disinfection of bodies of deceased persons and the apartment, clothing, and bedding in case of death from infectious and contagious diseases, the board shall issue to said applicant a license to practice said science of embalming and the care and disposition of the dead, and shall register such applicant as a duly licensed embalmer. Such license shall be signed by a majority of the board and attested by its seal. All persons receiving a license under the provisions of this chapter shall have said license registered in the Ordinary's office of the county in the jurisdiction of which it is proposed

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to carry on said practice, and shall display the license in a conspicuous place in the office of such person so licensed. New Sec. 1. Application for license; fee. Qualifications. Proviso as to licensee from other State. License. Registration and display of license. Section 6. Be it further enacted by the authority aforesaid, that the second paragraph of Section 11 on page 82, Georgia Laws of 1916, of Act No. 563, approved August 19th, 1916, the said Act being fully described in the title hereto, be amended by striking out the above-described paragraph in its entirety, and by inserting in lieu thereof the following: Be it further enacted by the authority aforesaid, that every registered embalmer who desires to continue a practice of the profession shall annually thereafter during the time he or she shall continue in such practice, on the first day of January and not later than the first day of March of each year, pay the secretary of said board for the renewal of registration a fee not to exceed five ($5.00) dollars, the amount of the renewal fee up to five ($5.00) dollars to be decided by the board, which renewal must be displayed conspicuously in the office of such person, and such renewal must be recorded in the Ordinary's office of the county in the jurisdiction of which it is proposed to carry on such practice, not later than March 1st of the year for which said renewal license was issued, and the Ordinary shall be paid by the licentiate the sum of twenty-five cents for this service. In the event said renewal fee is paid after March 1st for the year for which the renewal is to be issued and before the embalmer's license is revoked for failure to pay his renewal fee as provided for in Section V of this amendment, the embalmer must pay the sum of one dollar in addition to the regular fee provided for renewal fees; and upon the payment of the renewal fee plus the one dollar herein provided for, the secretary of the board shall issue said embalmer a renewal card for the current year. Ga. L. 1916, p. 82. Sec. 11, amended. Renewal of license; fee. Section 7. Be it further enacted by the authority aforesaid, that the first paragraph on page 83 of Act No. 563, Georgia Laws of 1916, approved August 19th, 1916, the said Act being fully described in the title of this Act, be

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amended by striking out the said paragraph in its entirety and inserting in lieu thereof the following: Be it further enacted, that the State Board of Embalmers is empowered to recognize licenses issued to embalmers by authorities of other States having practically equivalent requirements, upon the same basis as such State reciprocate with the State of Georgia, and upon the payment of the fee which is required of applicants of the State of Georgia. Ga. L. 1916, p. 83, amended. Licenses from other States. Section 8. Be it further enacted by the authority aforesaid, that the said Acts as fully set out in the title to this amending act be further amended by inserting a new section to follow the first paragraph on page 83, of Act No. 563, Georgia Laws of 1916, approved Auugst 19th, 1916, as follows: Be it further enacted, that no embalmer practicing within this State without first complying with the provisions of this Act shall be entitled to collect any fee or reward for his services or for goods or materials furnished. Embalmer not entitled to collect, if Act not complied with. Section 9. Be it further enacted by the authority aforesaid, that Section XI of Act No. 367, the said Section XI being on page 73, Georgia Laws of 1899, approved December 20th, 1899, the said Act being fully described in the title to this Act, be amended by striking out the said Section XI in its entirety and inserting in lieu thereof the following: Be it further enacted by the authority aforesaid, that any person who shall practice or hold himself or herself as practicing the science of embalming without having complied with the provisions of this Act, or who shall practice embalming without paying the renewal fee as provided in this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not less than one hundred dollars or more than five hundred dollars, or imprisonment for not less than thirty days or more than six months, either or both, at the discretion of the court. Ga. L. 1899, p. 73. Sec. XI, amended. Punishment. Section 10. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. FINANCIAL STATEMENTS BY COUNTY OFFICERS. No. 307. An Act to require certain county officers in counties having a certain minimum and maximum population to make and deliver to the Ordinary of the county monthly financial statements reflecting the financial condition and affairs of the offices held by them; to require such officers to submit their records, books, and accounts to an examination by said Ordinary monthly; to provide for penalties for refusing to do the same; to require the Ordinary to publish a detailed statement of disbursements by such officers quarterly; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after January 1, 1934, in all counties of this State having a population between 12,400 and 12,404 and between 21,608 and 21,610 according to the United States census of 1930, it shall be the duty of ordinaries, commissioners of roads and revenues, clerks of the superior courts and city courts, sheriffs, all bailiffs, tax-collectors, or tax commissioners, county treasurers or county depositories, county school superintendents and treasurers of consolidated school districts and local school districts, to prepare, submit, and deliver to the Ordinary of the county in which said officers serve typewritten monthly statements, with carbon duplicate, showing or reflecting the fiscal condition of the officer's records, including an itemized statement of all monies of every character collected during the month for which report is made, and showing all transactions with

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reference to receipt and/or disbursement of said monies. Said reports shall be delivered to said Ordinary on or prior to the 10th of each month, and between the first and tenth of each month; said officers shall be required, upon the demand of said Ordinary, to submit their books, records, vouchers, and accounts to him for inspection and examination, and said officers shall furnish such information to such Ordinary as may be necessary to a proper understanding of the financial transactions of such offices or officers, including deputies or assistants therein. Monthly statements of officers in counties of between 12400 and 12404, and between 21608 and 21610 population. Section 2. Be it further enacted by the authority aforesaid, that the Ordinary shall be required to receive such monthly examination of the books, records, and accounts of each of the county officers hereinabove mentioned and file the same in the office of the Ordinary of said county, whose duty it shall be to keep and preserve the same of file in his office, open to the inspection of the public. It shall further be the duty of such Ordinary to make an annual report of such examinations and submit the carbon copies of said financial statements to the first grand jury convening each year in said county. Ordinary's duty as to such statements. Section 3. Be it further enacted by the authority aforesaid, that the Ordinary shall publish a detailed and itemized statement of public funds disbursed by any of said officers, showing in detail to whom paid and for what purpose paid, and with sufficient detail to advise the public fully as to such payments. Such publications shall be made quarterly in the newspaper carrying the advertisements of sheriff's sales, and shall be paid for by the Ordinary by his warrant on the general funds of the particular county. Publication of statement. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933.

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FISCAL YEAR DESIGNATION; TAXES. No. 97. An Act to provide that in all counties of this State having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States, the County Board of Commissioners, or other fiscal agent of such counties, shall be authorized to designate a fiscal year for any of such counties, which may be different from the calendar year, and to levy a tax at any time during such year for the payment of all lawful charges against such counties during such year; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the County Board of Commissioners, or other fiscal agent of any county in this State having, by the present or any future census of the United States, a population of not less than 75,000 and not more than 100,000, shall be authorized, by order entered on the minutes of such board or other fiscal agent, to designate a fiscal year for such counties, which may be different from the calendar year. Fiscal year in counties of 75000 to 100000 population. Section 2. Be it further enacted by the authority aforesaid, that when such fiscal year has been so disignated, the same shall continue until the further order of the board or fiscal agent making such order, and such board or other fiscal agent shall be authorized to levy a tax at any time during such fiscal year for the payment of all lawful charges against the county, due or to become due during such fiscal year. Tax levy. Section 3. Be it further enacted by the authority aforesaid, that nothing in this Act contained shall be held or construed to vary the general laws now or hereafter of force in such counties as to the time and manner in which tax

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returns therein shall be made, or the manner or method of assessment or fixing values for taxation, or purposes for which said counties are authorized to levy taxes. Time of tax returns or assessments not varied. Section 4. Be it further enacted by the authority aforesaid, that the tax levy to be made by the county authorities, as herein provided for, shall be on the last digest completed by the tax-receiver, or other county official performing the functions of such tax-receiver, next preceding the making of such levy, and shall be payble on or before the 20th day of December next following the date of such levy, and shall be collected in the same manner and under the same laws as now or hereafter of force for the collection of State and county taxes in such counties. Basis of tax levy, time for payment of taxes. Section 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 March 2, 1933. FISHING BASKETS AND SEINES IN CERTAIN COUNTIES. No. 341. A BILL To be entitled an Act to provide for the use of wire baskets and seines for fishing in the waters of Barrow, Oconee, Jackson, Gwinnett, Forsyth, Morgan, Hall, Dawson, Putnam, Jasper, Monroe, Telfair, Ben Hill and Butts Counties, Georgia, and to provide that seining in the streams of Barrow, Oconee, Jackson, Gwinnett, Forsyth, Morgan, Hall, Dawson, Putnam, Jasper, Monroe, Telfair, Ben Hill and Butts Counties, Georgia, shall be permitted by the citizens during the months of July and August each year.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that on and after the passage of this Act it shall be lawful for the citizens of said Counties to use wire fish baskets in the waters of Barrow, Oconee, Jackson, Gwinnett, Forsyth, Morgan, Hall, Dawson, Putnam, Jasper, Monroe, Telfair, Ben Hill and Butts Counties, Georgia, for the purpose of catching fish, provided that such fish baskets are constructed of wire of not less than one and one-half inch mesh. Fish baskets in certain counties. Section 2. Be it further enacted by the aforesaid authority that seining in the streams of Barrow, Oconee, Jackson, Gwinnett, Forsyth, Morgan, Hall, Dawson, Putnam, Jasper, Monroe, Telfair, Ben Hill and Butts Counties, Georgia, during the months of July and August of each year by the citizens of said Counties shall be permissible and lawful. Seining in certain counties. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. FISHING IN CERTAIN COUNTIES. No. 257. An Act to amend Section 3 of an Act repealing Section 23 of an Act number 427, approved August 28, 1925, to allow fishing with hook line devices, etc. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that Section 3 of an Act approved August 24, 1931, being an Act repealing Section 23 of an Act Number 427, approved August 28, 1925, to allow fishing with hook and line devices, etc., is hereby amended by striking from said

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section the following language to wit: Be it further enacted, that this inhibition shall not apply to the creeks and rivers and other running streams of the following nineteen (19) mountain counties: Catoosa, Chattooga, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, Whitfield, and Floyd; but that fishing in any of the creeks and rivers and other running streams of said nineteen (19) mountain counties shall be prohibited from October 1st to March 31st, and fishing in the ponds and lakes of said nineteen (19) mountain counties shall be prohibited from October 1st to March 31st, and substituting therefor the following language to wit: Be it further enacted, that this inhibition shall not apply to the creeks and rivers and other running streams of the following eighteen (18) mountain counties: Catoosa, Chattooga, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield; but that fishing in any of the creeks, rivers, and other running streams of the said eighteen (18) mountain counties shall be prohibited from November 15th to March 31st, being the usual spawning period for mountain trout, and fishing in the ponds and lakes of said eighteen (18) mountain counties shall be prohibited from April 15th to May 31st, inclusive, so that said section when thus amended shall read as follows: Ga. L. 1931, p. 170, Sec. 3, amended. Amendment. Floyd county omitted; time changed. Section 3. Be it further enacted, that this inhibition shall not apply to the creeks and rivers and other running streams of the following eighteen (18) mountain counties: Catoosa, Chattooga, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield; but that fishing in any of the creeks, rivers and other running streams of the said eighteen (18) mountain counties shall be prohibited from November 15th to March 31st, being the usual spawning period for mountain trout, and fishing in the ponds and lakes of said eighteen (18) mountain counties

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shall be prohibited from April 15th to May 31st, inclusive. Section as amended. Approved March 23, 1933. FISHING; LICENSES OF PEDDLERS, ETC. No. 387. An Act to amend an Act approved August 24, 1931, being an Act repealing Section 23 of Act Number 427, approved August 28, 1925, to allow fishing with book and line devices, ect.; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that an Act approved August 24, 1925, being An Act repealing Section 23 of Act Number 427, approved August 28, 1925, to allow fishing with hook and line devices, etc., is hereby amended by striking the following language from Section 6 thereof to wit: Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that each peddler of fresh-water fish or other person selling fresh-water fish who does not operate a regular place of business shall, before offering fish for sale, pay a license fee of ten ($10.50) dollars and fifty cents in each county in which fish are offered for sale. The license provided for in this section shall be issued in the same manner and by the same official as hunting licenses are issued, and the official issuing same shall receive and be entitled to a fee of fifty (50c) cents on each license issued, and substituting therefor the following language to wit: Be it further enacted by the authority aforesaid, that each peddler of fresh-water fish, and each and every person, firm, or corporation who shall sell or offer for sale fresh-water fish, shall first procure a license in each county in which fresh-water fish are peddled, sold, or offered for sale. Said license shall expire one year from date of issue, and shall

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be issued in the same manner and by the same official that hunting and fishing licenses are now sold, upon the payment of a fee of five ($5.00) dollars, fifty (50c) of which shall be retained by the official selling same as his fee, and the remainder to be remitted to the Commissioner of Game and Fish for credit to a special fund to be known as the fish-protection fund. Not less than one half of said fund shall be set aside and used only for establishing or operating fish hatcheries of the State of Georgia, or otherwise procuring fish for restocking the fresh waters of Georgia; and the remainder shall be used only for the enforcement of the fishing laws of this State. No person or class of persons shall be exempted from the requirements of this section, so that said section as amended shall read as follows: Ga. L. 1931, p. 171, Sec. 6, amended. Words stricken. Substitute. Fish seller's license. Fee $5. Fish-protection fund. No persons exempted. Section 6. Be it further enacted by the authority aforesaid, that each peddler of fresh-water fish, and each and every person, firm, or corporation who shall sell or offer for sale fresh-water fish, shall first procure a license in each county in which fresh-water fish are peddled, sold, or offered for sale. Said license shall expire one year from date of issue, and shall be issued in the same manner and by the same official that hunting and fishing licenses are now sold, upon the payment of a fee of five ($5.00) dollars, fifty (50c) of which shall be retained by the official selling same as his fee, and the remainder to be remitted to the Commissioner of Game and Fish for credit to a special fund to be known as the fish-protection fund. Not less than one half shall be set aside and used only for establishing or operating fish hatcheries of the State of Georgia, or otherwise procuring fish for restocking the fresh waters of Georgia; and the remainder shall be used only for the enforcement of the fishing laws of this State. No person or class of persons shall be exempted from the requirements of this section. Section as amended.

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Section 2. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1933. FISHING NETS; PENALTY. No. 70. An Act to amend Section 34 of the Act of the General Assembly of Georgia, approved August 8, 1924, entitled An Act to revise and amend the game and fish laws of the State of Georgia, etc., by adding at the end of said Section 34 the following proviso: Provided, however, nothing herein contained shall authorize the use of other than hard-drawn cast nets in the sounds of any county of this State having a population of not less than 8153 nor more than 8160 as shown by 1930 census of the United States; and for other purpose. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that Section 34 of an Act approved August 8, 1924, entitled an Act to revise and amend the game and fish laws of the State of Georgia, etc., be and the same is hereby amended by adding at the end of said Section number 34 the following proviso: Provided, however, that nothing herein contained shall authorize the use of other than hard-drawn cast nets in the sounds of any county of this State having a population of not less than 8153 nor more than 8160 as shown by 1930 census of United States, so that said Section number 34 of the Acts of 1924 herein referred, when so amended, shall read as follows: Ga. L. 1924, p. 116; Sec. 34 amended. Hard-drawn cast nets not authorized in county of 8153 to 8160 population. Section 34. The use of all nets, except hard-drawn nets in the inside salt-waters, rivers, creeks, and estuaries, is hereby prohibited the use of nets except hard-drawn nets is prohibited in the sounds of this State during the months of March, April, May, June, and July of each year. The

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boundaries of the sounds are as shown in Bulletin Nineteen (19) of the United States Geodetic Survey. Outside salt-waters are defined as those waters from the outermost part of the coast line to the limit of the three-mile jurisdiction, and embraces that part of the Atlantic Ocean under the jurisdiction of the State of Georgia. Inland salt-water not included in outside salt-waters include all sounds, estuaries, salt-water rivers and creeks. Any one violating any of the provisions of this Act shall be guilty of a misdemeanor. Provided, however, that nothing herein contained shall authorize the use of other than hand-drawn cast nets in the sounds of any county of this State having a population of not less than 8153 nor more than 8160, as shown by 1930 census of the United States. Section as amended. Section 2. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 27, 1933. FRANKLIN D. ROOSEVELT HIGHWAY. No. 342. An Act to establish and define the Franklin D. Roosevelt Highway, to provide for the identification 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 there is hereby established the Franklin D. Roosevelt Highway, which highway is defined as follows: Beginning at the point where State Highway No. 13 originates at the border-line of the States of Georgia and South Carolina, and proceeding thence along said State Highway No. 13 to Buford, Georgia, thence along State Highway No. 20 from Buford, Georgia, to Lawrenceville, Georgia, thence along State Highway No. 8 from Lawrenceville, Georgia,

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to Atlanta, Georgia, thence along State Highway No. 14 from Atlanta, Georgia, to Moreland, Georgia, thence along State Highway No. 41 from Moreland, Georgia, to Greenville, Georgia, thence along State Highway No. 18 to Chipley, Georgia, thence along State Highway No. 1 to Columbus, Georgia; beginning at Harris City Junction on Highway No. 41, following said Highway to Warm Springs, and thence along Route No. 85 through Shilo, Waverly Hall, to Columbus, thence to Cusseta on Route No. 1, thence to Richland, Dawson, and Albany on Route No. 55 and 50, thence Camilla, Pelham, Thomasville, and to the Georgia-Florida State line on Route No. 3. Highway from South Carolina border to Florida established. Section 2. Said Highway so defined shall be known and distinguished as the Franklin D. Roosevelt Highway, and the State Highway Board of Georgia is hereby authorized and directed to permanently mark said highway by the placing thereon of durable markers bearing the inscription Franklin D. Roosevelt Highway, said markers to be placed along said highway at reasonable intervals or distances, their location and distances intervening the same to be determined by said State Highway Board of Georgia; and the cost of said markers shall be borne by said State Highway Board of Georgia. Markers and inscription. Approved March 24, 1933. GAME; DEER AND TURKEYS; PENALTY. An Act to prohibit the shooting, hunting, or killing of deer for a period of ten (10) years in Marion, Schley, Webster, Chattahoochee, Muscogee, Stewart, and Talbot Counties; prescribing penalties for violations thereof; to extend the open season for hunting, shooting, and killing wild turkeys in this State; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, that it shall be unlawful for any person to kill, shoot, or hunt deer in the Counties of Marion, Schley, Webster, Chattahoochee, Muscogee, and Stewart, and Talbot, until ten (10) years after the passage of this Act. Deer hunting, etc., in 7 counties prohibited for 10 years. Section 2. Be it further enacted by the authority aforesaid, that any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1065 of the Penal Code. Punishment. Section 3. From and after the passage of this Act the open season for hunting, shooting, and killing wild turkeys in this State shall be from November 20th to March 1st of each year. Season for hunting turkeys, Nov. 20 to March 1. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 15, 1933. GAME LAW OF 1931 AMENDED. No. 1. An Act to amend an Act approved August 25, 1931, to establish season for hunting game; 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 section one of the game law of Georgia, approved August 25, 1931 (see Georgia Laws 1931, page 178), be amended by striking therefrom the following: bob white quail from November 15th to February 15th, inclusive, and inserting in lieu thereof bob white quail from November 20th to March 1st, inclusive, so that said section one of Act approved August 25, 1931, will read in its entirety except as to the above substitution as to the open season for hunting bob white quail. Ga. L. 1931, p. 178, Sec. 1 amended. Season for hunting bob white quail, Nov. 20 to March 1.

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Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 7, 1933. HIGHWAY DEPARTMENT CERTIFICATES: DISCOUNT. No. 202. An Act to amend that certain Act adopted and approved the 1st day of March 1933, reading as follows, to wit: An Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws 1931, p. 97-101), and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8, 1932; to declare and define the amount of indebtedness of the several counties of this State and the Coastal Highway District liable for payment under the provisions of said amendment; to provide for annual installments and the maturities thereof for the payment of said indebtedness; to provide a method for issuing certificates of indebtedness and form therefor; to prescribe the manner of execution and delivery of such certificates; to provide for the transfer or negotiation of such certificates; to declare such certificates as instruments of government and non-taxable; to provide a method of registration for such certificates; to provide a penalty for forging or counterfeiting the same; to provide for the disposition of funds realized or received from said certificates of indebtedness; to provide for the adjudication of differences between any of the several counties hereinafter named and/or the Coastal Highway District on the one hand, and the State Highway

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Department on the other; to provide for establishment of any original lost or destroyed certificates of indebtedness heretofore issued by the State Highway Department to any county or district; and for other purposes, by striking from Section 13 of the said Act the words, provided that in event of sale the same shall not be discounted at a rate exceeding eight (8) per cent., and inserting in lieu thereof a clause providing for a discount at the rate of five (5) per cent. per annum; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that certain act adopted and approved on the 1st day of March, 1933, entitled An Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8, 1932; to declare and define the amount of indebtedness of the several counties of this State and the Coastal Highway District liable for payment under the provisions of said amendment; to provide for annual installments and the maturities thereof for the payment of said indebtedness; to provide a method for issuing certificates of indebtedness and form therefor; to prescribe the manner of execution and delivery of such certificates; to provide for the transfer or negotiation of such certificates; to declare such certificates as instruments of government and non-taxable; to provide a method of registration for such certificates; to provide a penalty for forging or counterfeiting the same; to provide for the disposition of funds realized or received from said certificates of indebtedness; to provide for the adjudication of differences between any of the several counties hereinafter

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named and/or the Coastal Highway District on the one hand, and the State Highway Department on the other; to provide for establishment of any original lost or destroyed certificates of indebtedness heretofore issued by the State Highway Department to any county or district; and for other purposes, being the same is hereby amended by striking from Section 13 of said Act the words at the end thereof, to wit: provided, that in event of sale the same shall not be discounted at a rate exceeding eight (8) per cent., and inserting in lieu of said language so stricken the following words: provided, that in the event of sale the same shall not be discounted at a rate exceeding five (5) per cent per annum, so that when Section 13 is amended it will read as follows: Be it further enacted by the authority aforesaid, that said political subdivisions be and they are hereby authorized to sell any of the said certificates of indebtedness of said Highway Department for the purpose of paying any of said bonded indebtedness hereinbefore referred to, or of acquiring or retiring any of said outstanding bonds hereinbefore referred to, or for the purpose of investing the proceeds of the same in securities now approved by law, for the purpose of placing the same in the sinking-fund of said counties or highway districts hereinbefore referred to, and to sell and/or use any surplus thereof for any other proper and legal county purpose; provided that in the event of sale the same shall not be discounted at a rate exceeding five (5) per cent per annum. Act of 1933 (post 161), amended. Discount: 8% stricken. 5% inserted. Sec. 13 as amended. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1933.

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HIGHWAY DEPARTMENT; COUNTY DEBTS. No. 126. An Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia, proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8, 1932; to declare and define the amount of indebtedness of the several counties of this State, and the Coastal Highway District, liable for payment under the provisions of said amendment; to provide for annual installments and the maturities thereof for the payment of said indebtedness; to provide a method for issuing certificates of indebtedness and form therefor; to prescribe the manner of execution and delivery of such certificates; to provide for the transfer or negotiation of such certificates; to declare such certificates as instruments of government and non-taxable; to provide a method of registration for such certificates; to provide a penalty for forging or counterfeiting the same; to provide for the disposition of funds realized or received from said certificates of indebtedness; to provide for the adjudication of differences between any of the several counties hereinafter named, and/or the Coastal Highway District, on the one hand, and the State Highway Department on the other; to provide for establishment of any original lost or destroyed certificates of indebtedness heretofore issued by the State Highway Department to any county or district; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that under and in accordance with the provisions of an amendment to the Constitution of the State of Georgia, amending paragraph one of section eight of

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article seven thereof, proposed by the General Assembly of Georgia by an Act approved August 25, 1931, and ratified in the manner prescribed in said Act on November 8, 1932, there is hereby declared to be due to the several counties of this State, and to the Coastal Highway District, the amounts hereinafter set out, to wit: Amounts due counties and Coastal Highway District for highway assessments. Appling County $ 243,720.14 Atkinson 12,314.60 Bacon 26,272.90 Baker 24,969.42 Baldwin 99,927.56 Banks 75,191.59 Barrow 71,720.80 Bartow 124,299.84 Ben Hill 61,400.58 Bibb 898,356.10 Bleckley 26,606.23 Brantley 36,034.96 Brooks 359,320.51 Bryan 30,623.58 Bulloch 123,758.98 Burke 243,630.66 Butts 82,818.10 Calhoun 9,977.75 Camden 13,152.00 Campbell 205,893.32 Candler 30,835.42 Carroll 523,814.89 Catoosa 23,142.85 Charlton 81,348.22 Chatham 1,310,079.46 Chattahoochee 17,875.97 Chattooga 124,788.11 Cherokee 199,509.72 Clarke 372,977.13 Clay 47,141.09 Clayton 49,202.42 Clinch 62,153.55 Cobb 293,382.93 Coffee 75,961.09 Colquitt 150,890.06 Columbia 61,865.28 Cook 209,732.93 Coweta 487,277.97 Crawford 31,709.18 Crisp 91,539.61 Dade 74,869.42 Dawson 25,713.39 Decatur 371,629.87 DeKalb 259,849.79 Dodge 64,102.49 Dooly 192,022.91 Dougherty 493,915.22 Douglas 44,494.34 Early 77,836.12 Effingham 57,391.06 Elbert 166,551.32 Emanuel 493,986.86 Evans 72,135.44 Fannin 187,014.95 Fayette 46,859.63 Floyd 430,838.77 Forsyth 65,191.97 Franklin 108,765.48 Fulton 113,926.08 Gilmer 56,130.62 Glynn 420,745.28 Gordon 91,044.59 Grady 111,967.53 Greene 61,662.97 Gwinnett 206,029.29 Habersham 341,736.71 Hall 400,391.36 Hancock 75,923.85 Haralson 149,659.86 Harris 106,678.62 Hart 125,506.39 Heard 19,131.75 Henry 219,591.56 Houston 291,391.43 Irwin 56,545.31 Jackson 127,589.35 Jasper 91,658.61 Jeff Davis 33,398.63 Jefferson 350,905.53 Jenkins 85,086.68 Johnson 35,649.49 Jones 42,877.44 Lamar 19,499.10 Laurens 284,243.00 Lee 81,509.77 Liberty 31,332.06 Lincoln 32.830.45 Long 38,174.64 Lowndes 547,277.10 Lumpkin 84,092.05 Macon 193,593.06 Madison 20,359.40 Marion 22,817.86 McDuffie 53,649.81 McIntosh 15,277.50 Meriwether 405,913.92 Miller 35,395.83 Milton 20,713.10 Mitchell 417,193.11 Monroe 119,384.92 Montgomery 124,580.70 Morgan 259,212.39 Murray 89,811.16 Muscogee 827,817.07 Newton 95,468.70 Oconee 26,106.42 Oglethorpe 39,279.24 Paulding 19,157.24 Peach 8,194.69 Pickens 120,956.51 Pierce 169,875.66 Pike 12,808.02 Polk 183,409.70 Pulaski 242,410.52 Putnam 103,271.71 Rabun 318,631.00 Randolph 82,788.81 Richmond 1,019,304.41 Rockdale 2,091,95 Schley 55,521.49 Screven 40,751.20 Seminole 25,742.03 Spalding 377,686.16 Stephens 133,031.70 Stewart 47,475.00 Sumter 365,369.72 Talybot 74,343.95 Taliaferro 15,691.86 Tattnall 43,422.07 Taylor 26,056.54 Telfair 74,387.83 Terrell 271,526.03 Thomas 391,611.67 Tift 177,857.97 Toombs 205,582.07 Towns 45,084.25 Treutlen 2,000.00 Troup 631,255.57 Turner 24,384.28 Twiggs 22,555.36 Union 50,680.00 Upson 121,586.46 Walker 187,076.07 Walton 161,859.52 Ware 634,572.73 Warren 22,603.85 Washington 106,475.51 Wayne 272,659.54 Webster 13,740.18 Wheeler 133,062.67 White 35,472.82 Whitfield 265,529.38 Wilcox 10,093.64 Wilkes 268,753.94 Wilkinson 36.060.67 Worth 245,023.78 Coastal Highway 882,898.87 Grand total $26,531,533.42 Which said several sums are hereby declared to be due to the said counties and Coastal Highway District for assessments made against said counties and district for the construction and/or paving of the public roads and highways (including bridges) of the State, which were a part of the State-aid roads of the Highway System of Georgia, and said construction and/or paving was done, or contract or agreement made for same to be done, under the supervision of the State Highway Department of Georgia prior to September 1, 1931. Section 2. Be it further enacted by the authority aforesaid, that ten per cent. of the amount owing to each county and said Coastal Highway District is hereby declared to be due and payable on March 25, 1936, and a like amount is declared to be due and payable annually on March 25, 1937, 1938, 1939, 1940, 1941, 1942, 1943, 1944 and 1945. Time when payable.

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Section 3. Be it further enacted by the authority aforesaid, that the State Highway Department of Georgia shall issue certificates of indebtedness to the several counties of this State, and said Coastal Highway District, maturing as provided in Section 2 of this Act, in such denominations not less than one hundred ($100.00) dollars, as the governing officials of the counties and district may request, and in the form herein prescribed; said certificates to be executed by the Chairman of the Highway Board and attested by the Treasurer of the Highway Board with the official seal of the Highway Department affixed. Certificates of indebtedness by State Highway Department. Section 4. Be it further enacted by the authority aforesaid, that the form of all certificates issued hereunder shall be as follows: Form of certificates of indebtedness. [Lithograph of Great Seal of State] STATE OF GEORGIA HIGHWAY DEPARTMENT REFUNDING CERTIFICATE Non-taxable $ No. Know all men by these presents, that the State of Georgia acknowledges itself to owe, and for value received hereby promises to pay toCounty, or bearer, hundred dollars, on the twenty-fifth day of March, 1936. This certificate of indebtedness is one of a series of like date and tenor, except as to maturity and denomination, aggregating the sum of $, of which total amount one tenth is payable annually on March twenty-fifth in the years 1936, 1937, 1938, 1939, 1940, 1941, 1942, 1943, 1944, and 1945. Said certificates are issued under authority of an Act of the General Assembly of Georgia, approved,

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1933, and are payable at their maturity by the Highway Department of the State of Georgia, or any department which by law may be the successor of the Highway Department, without interest thereon, solely out of the revenues and/or taxes levied, assessed, allocated, and/or appropriated to the Highway Department of Georgia, or to any department which by law may be the successor of the Highway Department. In witness whereof, the State of Georgia has caused this certificate to be executed by the State Highway Department of Georgia; to be sealed with its seal, and signed by the Chairman of the State Highway Board and the Treasurer thereof, as of the.....1933. State Highway Department of Georgia. By..... Chairman State Highway Board. Treasurer State Highway Board. Section 5. Be it further enacted by the authority aforesaid, that all certificates issued under the authority of this Act are hereby declared to be negotiable instruments of government, and as such not subject to taxation by the State or any subdivision thereof. Certificates declared negotiable instruments and non-taxable. Section 6. Be it further enacted by the authority aforesaid, that the owner of any of said certificates may register the same by presenting the original certificate to the Treasurer of the State Highway Board, who shall enter the fact and date of registration, together with the name of the person presenting it, on the certificate; and the State Highway Board is hereby directed to provide and keep a suitable record of all certificates so registered; and such registered certificate shall be paid to the person in whose name it is registered, his heirs, executors, or administrators, or to such person as the same may be assigned in writing and

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notice thereof given to the Treasurer of the Highway Board. Registration of certificates. Assignment of certificate. Section 7. Be it further enacted by the authority aforesaid, that certificates issued hereunder shall not be delivered except upon return to the Highway Board of its certificates heretofore issued under the provisions of Article 6, Section 1, of the Acts of 1919, page 252, and all such certificates shall be canceled and become null and void upon their return to the Highway Board and entry thereof shall be made on its record. Provided, however, that if any of the original certificates issued by the Highway Department to any county or district shall have been lost or destroyed, the Highway Department may, upon application made to it, establish said original certificates in lieu of said lost or destroyed original certificates, but in doing so shall require such proof as shall satisfy said State Highway Department of the loss or destruction of said original certificate, and shall take such indemnifying bond as in the judgment of said State Highway Department may be necessary to protect the State of Georgia and said State Highway Department against any loss or damage by reason of establishing any certificate in lieu of any lost or destroyed certificate. Return of former certificates before delivery of new certificates. Section 8. Be it further enacted by the authority aforesaid, that the State Highway Department shall proceed to carry into effect the provisions of this Act within four months from the approval thereof, and the cost and expense of the same shall be paid from contingent funds of the Highway Department. Expense and time of carrying out Act. Section 9. Be it further enacted by the authority aforesaid, that whoever, with intent to defraud the State or any person, shall make, forge, alter, or counterfeit, or cause to be made, forged, altered, or counterfeited, or willingly aid and assist in the making, altering, forging, or counterfeiting of any certificate issued hereunder, shall be punished as prescribed in Section 231 of the Penal Code of Georgia. Forgery or alteration of certificate; punishment.

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Section 10. Be it further enacted by the authority aforesaid, that in the event there shall arise any difference between the State Highway Department and any county or highway district as to the amount that may be due to said county or district under the terms of the constitutional amendment hereinbefore described and referred to, said difference shall be settled by a suit filed in the Superior Court, against the State Highway Department, by the county or district claiming said difference in its favor, the venue of said suit to be as now fixed by law; and said proceeding to adjust said difference by suit shall be begun or instituted within ninety (90) days from the approval of this Act. Provided, however, that it shall be the duty of the Highway Department, within twenty (20) days from the approval of this Act, to notify in writing every county and district hereinbefore listed, of the provisions of this section, stating in said notice the amount that the State Highway Department under the terms of this Act is due to each of said counties and districts respectively. A notice properly enclosed in a stamped envelope and properly addressed to the governing authority of each of the counties, and to the governing authority or treasurer of the Coastal Highway District shall be deemed compliance with the requirements of this section. Suit in ease of difference as to amount due: limitation, 90 days. Notice. Section 11. Be it further enacted by the authority aforesaid, that, regardless of difference that may exist as to any county or counties or district as to the amount due to them, the State Highway Department shall proceed to carry into effect the provision of this Act within four months from the approval thereof, where there no differences between the State Highway Department and said counties or districts. Time for carrying out Act. Section 12. Be it further enacted by the authority aforesaid, that all funds received or realized (or so much thereof as may be necessary) from the certificates of indebtedness issued or to be issued by the State Highway Department

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to the several counties of this State, as well as to the Coastal Highway District and the counties of said districts, under the provisions of the amendment to the Constitution, providing for the issuance of such certificates, approved August 25th, 1931, shall be first applied by the fiscal or governing authorities of said political subdivision receiving said certificates to the payment of that part of the outstanding and unpaid bonded indebtedness of such political subdivision incurred and used for the construction and/or paving of the public roads or highways (including bridges) of the State, as contemplated and defined by Article 6, Section 1, of the Act approved August 18th, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State-aid roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and the payment of which was assumed under the provisions of the amendment to the Constitution approved August 25th, 1931. Provided, however, that in any case where the governing authorities of said counties or district cannot acquire for payment any of such outstanding bonds as hereinbefore described, said governing authorities shall invest the proceeds of said certificates so issued to said counties in securities now prescribed by law to be placed in the sinking-fund of said several political subdivisions, and there kept and held as now provided by law for the discharge and eventual payment of said outstanding bonded indebtedness or said outstanding bonds, and shall in all respects be treated by said governing authorities of said counties and districts hereinbefore referred to as now provided by law for the preservation, care, and use of said sinking-funds. Funds from certificates, how applied. Section 13. Be it further enacted by the authority aforesaid, that said political subdivisions be and they are hereby authorized to sell any of said certificates of indebtedness of said Highway Department for the purpose of paying and of said bonded indebtedness hereinbefore referred to, or of acquiring or retiring any of said outstanding bonds

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hereinbefore referred to, or for the purpose of investing the proceeds of the same in securities now approved by law for the purpose of placing the same in the sinking-fund of said counties or highway districts hereinbefore referred to, and to sell and/or use any surplus thereof for any other proper and legal county purpose; provided that in event of sale that same shall not be discounted at a rate exceeding eight per cent. Sale of certificates. This section amended as to discount: 5% instead of 8%; Act of March 22, 1933, ante, p. Section 14. Be it further enacted, that if any section of this Act or provision thereof be declared unconstitutional for any reason, then and in that event the remainder of said Act shall not be affected by such decision, it being intended to put into effect, for the purpose of this Act, paragraph one, section three, of Article eleven of the Constitution of Georgia. Act not invalidated by invalid part. Section 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 March 1, 1933. HIGHWAY LAW AMENDED. An Act to amend an Act approved August 18, 1919, entitled An Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof; to create a system of State-aid roads and provide for the designation, maintenance, improvement, and construction of the same; to create and provide for a State-aid road fund, and for the control and management thereof; to provide for the paving of said State-aid roads by the State, or in co-operation with the counties, or with the United States Government; to provide for assistance to counties upon the public roads thereof, and in retiring county road bonds; to assent to the provisions of the Act of Congress approved

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July 11, 1916, known as the Act to provide that the United States shall aid the State in the construction of rural post-roads, and fr other purposes; to provide the right to condemn property for State-aid roads in certain cases; and for other purposes. To strike out section six, and substitute therefore a new section to prohibit county participation in the construction of the State System of Highways; and for other purposes. And to provide for repeal of any provisions of the Act of the General Assembly approved August 20, 1929, known as the Neill-Traylor Highway Act, in conflict with the provisions of this Act; and for other purposes. Section 1. Be it enacted by authority of the General assembly, that from and after the passage of this Act the Act approved August 18th, 1919, entitled An Act to re-organize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof; to create a system of State-aid roads and provide for the designation, maintenance, improvement, and construction of the same; to create and provide for a State-aid road fund, and for the control and management thereof; to provide for the paving of said State-aid roads by the State, or in co-operation with the counties, or with the United States Government; to provide for assistance to counties upon the public roads thereof, and in retiring county road bonds; to assent to the provisions of the Act of Congress approved July 11, 1916, known as the Act to provide that the United States shall aid the State in the construction of rural post-roads, and for other purposes; to provide the right to condemn property for State-aid roads in certain cases; and for other purposes, shall be amended by striking out in its entirety section six of said Act, which reads as follows, to wit: Sec. 6. That the respective county road authorities shall furnish, free, to the State Highway Board all necessary rights of way for the designated roads in each county, constituting any portion of the system of

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State-aid roads, and substituting therefor a new section which reads as follows, to wit: Ga. L. 1919, p. 251; Sec. 6 stricken; new section substituted. Section 6. When a road is approved as a part of the system of highways of Georgia and is under the control and supervision of the State Highway Board of Georgia, the establishment of such road and its construction, including location, surveys, grading, and paving, shall be in the control and supervision of the State Highway Board. All expenses necessary for such establishment and construction including surveys, the procuring of rights of way, the location or relocation of such roads, and all other expenses connected therewith shall be paid by the Highway Board out of funds allocated to the Highway Department. It is provided however, that it shall be the duty of county commissioners, or other county authorities having control of county roads, to assist in procuring options for the necessary rights of way as cheaply as they can be procured. But no county funds, including funds arising from the one-cent gas tax now appropriated to the counties by law, shall be appropriated or used in any manner whatsoever for the establishment or construction of State Highways. It is the purpose of this Act to prohibit county participation in the cost of the establishment or construction of State roads; provided that it is not the purpose of this Act to prohibit any county from contracting with the State Highway Department for the construction of any portion of the Stateaid road system now permitted or which may be permitted by law. New section 6. Control of roads by State Highway Department. Payment of expenses. County funds not to be used. Section 2. Be it further enacted, that all laws or parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1933.

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HIGHWAY MILEAGE DESIGNATED. No. 260. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive), designating the highway mileage, by taking off mileage from Washington in Wilkes County to Moore's Mill on Little River in said county, and adding mileage from Washington in Wilkes County to Taliaferro County line on the Greensboro road; 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 there shall be taken from the State highway mileage the road leading from Washington in Wilkes County south a distance of approximately twelve miles to Moore's Mill on Little River in said county, and that there shall be added to the State highway mileage the road leading from Washington in Wilkes County southwest a distance of approximately twelve miles to Taliaferro County line on what is known as Greensboro road, said Greensboro road having been included in the bond issue for roads in Wilkes County in the issue of 1919, and being a connecting link between county seats of Wilkes County and Greene County. Highway mileage in Wilkes County. Section 2. Be it further enacted by the authority aforesaid, that the map showing the highway mileage between pages 260 and 268 in said Act be and the same is hereby amended so as to take off said road from Washington to Moore's Mill in Wilkes County, and so as to show on said map the said road from Washington to Taliaferro County line on Greensboro road. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933.

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HIGHWAY MILEAGE DESIGNATED. No. 332. To be entitled an Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive) designating the highway mileage, by adding additional mileage from Lyons, Georgia, through the new prison farm to Glenville, and Monticello to Forsyth, Georgia, and additional State-aid road mileage in and for the County of Mitchell; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia,and it is hereby enacted by authority of the same,that on and after the passage of Act the State highway milage be and the same is hereby increased by adding thereto a road beginning at Lyons in Toombs County, Georgia, on State Route No.4, and running in a southeasternly direction through the new State-Prison Farm to Glenville in Tattnall County, Georgia, on State Route No. 23, and from Monticello to Forsyth, Georgia. By adding to State-aid mileage a road approximately 60 miles long running southeast from Vidalia in Toombs County through Alston, Uvalda, and Hazlehurst to Douglas in Coffee County, Georgia. Beginning at the residence of T. R. Potter on the paved highway between Winder and Jefferson, thence through Jackson County by way of Brazelton, Georgia, to Spruell's Brdige on the Mulberry River, thence through a portion of Barrow and Gwinnett Counties by way of Hog Mountain to the Camp-Ground Filling-Station on the paved highway between Buford and Lawrenceville. By adding road extending from Manchester, in Meriwether County to Fayetteville in Fayette County, which said road is hereby made a part of the State-aid system of roads in Georgia. Said road shall extend from State Highway or Route No. 42, in the City of Manchester, Meriwether County, to State Highway or Route No. 54, in the City of Fayetteville, Fayette County, and shall be and is hereby laid out, established, and situated along a

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route through the City of Woodbury in Meriwether County, the City or Town of Gay in Meriwether County, and the City of Senoia in Coweta County. A road approximately twenty-two (22) miles in length beginning at the City of Gainesville, Hall County, and running by way of Brown's Bridge to the City of Cumming, Forsyth County. Also by adding thereto a stretch of road approximately twelve (12) miles in length beginning at Cleveland, Georgia, White County, and running westward until it strikes State Highway No. 43 near Jenkins' Store or Chapman's place in Lumpkin County. To amend the Neill-Traylor Act, and extend line 38 from Clyde to Savannah, following approximately the following route, on the reverse basis from Savannah to Clyde: Proceed out of Savannah on Gwinnett Street and to the city limits, taking direct southwardly course to Fort Argyle on the Ogeechee river, the road to be located crossing the Ogeechee river at the most advantageous point to be determined by the Highway engineers. The crossing of the Ogeechee river at Fort Argyle can easily be made on account of the narrowness of the river at that point. Proceeding south after the road crosses the little Ogeechee, I would suggest an offshoot to be constructed in a southeast direction, connecting with the Coastal Highway at approximately the thirteen-mile post. After the highway crosses the big Ogeechee, the line would be built direct into Clyde, or could tap No. 30 just east of Clyde, using the latter number into Clyde proper. Of course this could be determined by the engineers. I would suggest also a branch line leaving No. 30 at approximately the half-way point between Clyde and Pembroke, following a direct route to Morgan's Bridge and over the Pine Barren road, tapping No. 26 approximately at the eightmile post into our city. Highway mileage, additions to. Section 2. Be it further enacted, that the map showing the highway mileage, between pages 268 and 269 in said Act, be and the same is hereby amended so as to show said road from Lyons, Georgia, through the new prison farm to

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Glenville, Georgia, and from Monticello to Forsyth, Georgia. By adding to State-road map the public road from Washington in Wilkes County to the line of Taliaferro County on Greensboro Road, a distance of 12 miles. Also said road from the City of Gainesville, Hall County, to the City of Cumming, Forsyth County. Also said road from Cleveland, White County, westward to Route 43 to Dahlonega, Lumpkin County. State-aid roads in and for the County of Mitchell, to wit: 1. Road from Sale City via Turner Schoolhouse to Pelham. 2. Public road from Pelham to Hopeful, connecting with Camilla and Bainbridge public road. 3. Road leading east from Pelham to Last Creek, connecting with the Moultrie and Meigs highway. 4. Road known as the Hawthorne trail leading from Camilla to Cairo. Section 3. That said bill shall not have the effect of certifying said proposed roads into the now State-aid system of Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Certificate required. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith are and the same are hereby repealed. Approved March 24, 1933. INSANE PERSONS; COMMITMENTS. No. 331. An Act to amend an Act approved August 20th, 1918, entitled An Act to revise the laws of the State of Georgia with reference to commitments to the Milledgeville State Hospital, providing a method of transportation to the hospital and for caring for and keeping patients while committed therein, setting forth the persons eligible to be committed to the State Hospital, and payment of reasonable sums for board and keep of inmates whose

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estates are sufficient to provide for them, and specifying certain classes of persons who shall be excluded therefrom; and for other purposes, by providing for the issuance of a commission and the examination of persons alleged to be liable to have a guardian appointed are subject to be admitted to the Milledgeville State Hospital, in counties of this State in which there is no regularly employed county attorney or no regularly employed county physician; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that the Act approved August 20th, 1918, entitled An Act to revise the laws of the State of Georgia with reference to commitments to the Milledgeville State Hospital, providing a method of transportation to the hospital and for caring for and keeping patients while committed therein, setting forth the persons eligible to be committed to the State Hospital, and payment of reasonable sums for board and keep of inmates whose estates are sufficient to provide for them, and specifying certain classes of persons who shall be excluded therefrom, and for other purposes be and the same is hereby amended by adding at the end of Section 1 thereof the following proviso: Ga. L. 1918, p. 162, sec. 1 amended. Proviso to Sec. 1. Provided, that in any county of this State where there is no regularly employed county physician, or no regularly employed county attorney, the said commission shall be issued by the Ordinary to six reputable persons, one of whom shall be a practicing physician of the county, in good standing, and the remaining five shall be qualified jurors of the county, not related to any person at interest in said cause. Said commission shall conduct such examination and make a return thereof in the same manner and subject to the same provisions as the commission hereinbefore in this section provided for. Provided further, that in case there is no practicing physician in any such county, said commission

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shall be issued to some reputable practicing physician of an adjoining county. Provided further, that each of said jurors, including said physician, shall receive the sum of $1.00 for his services, and in addition thereto said physician shall receive his actual traveling expenses, not to exceed $5.00 in any case. Provided further, that if no such physician is available, either in the county in which the proceeding is had or in an adjoining county, said commission shall issue to six reputable persons, residents of said county, who are qualified jurors thereof, and not related to any party interested in said cause. Commission in county without county physician or attorney. Physician from adjoining county. Pay of jurors and physician. Physician not available. Section 2. Be it further enacted by the General Assembly of the State of Georgia, that all laws and parts thereof in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. INSURANCE, NON-RESIDENT SOLICITORS OF. No. 382. An Act to authorize non-residents to be licensed to solicit life insurance in this State, and to provide for the payment of a fee by any non-resident so licensed; and for 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 residents of other States which permit residents of this State to be licensed to solicit life insurance in such States may reciprocally be authorized to solicit life insurance in Georgia, upon procuring a certificate of authority from the Insurance Commissioner, and upon paying the fee required by law for issuing licenses to resident agents; provided

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application is made for such certificate by a life insurance company, duly authorized to do business in this State. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. INSURANCE; RIGHTS OF CREDITORS. No. 336 An act entitled An Act in relation to the Rights of Creditors and Beneficiaries Under Policies of Life, Endowment, and Accident Insurance, and under Annuity Contracts. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. If a policy of life, endowment, or accident insurance, whether heretofore or hereafter issued, is effected by any person on his own life or on another life, in favor of a person other than himself, or, except in cases of transfer with intent to defraud creditors, if a policy of life, endowment, or accident insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance, or his executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted, and whether or not the policy is made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person; provided, that, subject to the statute of limitations, the amount of any premiums for said insurance paid with

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intent to defraud creditors, with interest thereon, shall enure to their benefit from the proceeds of the policy; but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before such payment the company shall have written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed. If an annuity contract, whether heretofore or hereafter issued, is effected by any person, based upon his own life, or on another life, payable to a person other than himself, the lawful beneficiary or assignee thereof, other than the person so effecting such contract, or his executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the person effecting such contract, to the same extent and under the same conditions hereinbefore provided with reference to the proceeds and avails of policies of life, endowment, and accident insurance. Creditor's rights in proceeds of policy. Notice by creditor. Annuity contracts. Section 2. All laws and parts of laws in conflict with the provisions of this Act shall be and the same are hereby repealed. Approved March 24, 1933. INSURERS OF COMPENSATION; BOND. No. 203 An Act to amend an Act approved August 17th, 1920, and Acts amendatory thereof, known as the Georgia Workmen's Compensation Act; to provide that insurance companies writing compensation insurance in Georgia shall be required to give bond in the sum of $50,000, or deposit satisfactory securities with the State Treasurer; provide for suit, and that knowledge of injury to employee by employer sufficient notice; and for other purposes.

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Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that Section 70 of the Act approved August 17th, 1920, known as the Workmen's Compensation Act and Acts amendatory thereof, be amended by adding at the end of said Section the following: Every insurance carrier doing a Workmen's Compensation business in this State shall be required to furnish a bond running to the State, in the sum of $50,000, with some surety company authorized to transact business in this State as surety, in such form as may be approved by the Insurance Commissioner, conditioned for the payment of compensation losses on policies issued by such insurance company upon risks located in the State of Georgia. Suit may be brought upon said bond by the Department of Industrial Relations, for the use and benefit of any party or parties at interest. The annual license of such company shall not be issued or renewed until it has filed with the Insurance Commissioner of the State of Georgia a bond as aforesaid. In lieu of such bond a deposit of the same amount may be made with the Treasurer of the State of Georgia, in the form of other security satisfactory to the Insurance Commissioner; so that said section when amended shall read as follows: Ga. L. 1920, p.205: Sec. 70 amended. Bond of insurance carrier. Section 70. Be it further enacted, that all policies insuring the payment of compensation under this Act, including all contracts of mutual, reciprocal, or inter-insurance, must contain a clause to the effect that as between the employer and the insurer or insurers the notice to or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or insurers; that jurisdiction of the insured for the purposes of this Act shall be jurisdiction of the insurer or insurers; and that the insurer or insurers shall in all things be bound by and subject to awards, judgments, or decrees rendered against such insured employer. Every insurance company doing a workmen's compensation business in this State shall furnish a

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bond running to the State in the sum of $50,000 with some surety company authorized to transact business in this State as surety, in such form as may be approved by the Insurance Commissioner, conditioned for the payment of compensation losses on policies issued by such insurance company upon risks located in the State of Georgia. Suit may be brought upon said bond by the Department of Industrial Relations, for the use and benefit of any party or parties at interest. The annual license of such company shall not be issued or renewed until it has filed with the Insurance Commissioner of the State of Georgia a bond as aforesaid. In lieu of such bond a deposit of the same amount may be made with the Treasurer of the State of Georgia in the form of other security satisfactory to the Insurance Commissioner. Section as amended. Section 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 March 23, 1933. INSURERS OF COMPENSATION; PLEA BARRED. No. 334 An Act to amend Section 71 of the Georgia Workmen's Compensation Act, approved August 17th, 1920, and Acts amendatory thereof, by adding paragraph (a) after said section, denying the right of the insurance company after accepting a premium, to plead that the employer is not subject to the Act, and making the issuance of a compensation policy a definite contract between all parties concerned; and for other purposes. Section 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 71 of the Georgia Workmen's Compensation

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Act be amended by adding after said section a new paragraph, as follows: Ga.L.1920, p.206; Sec. 71 amended. (a) A policy of insurance issued under the Georgia Workmen's Compensation Act shall always first be construed as an agreement to pay compensation; and an insurer who issues a policy of compensation insurance to an employer not subject to this Act shall not plead as a defense that the employer is not subject to the Act; and an insurer who issues to an employer subject to the Act a policy of compensation insurance covering an employee or employees ordinarily exempt from its provisions shall not plead the exemption as a defense. In either case compensation shall be paid to an injured employee, or to the dependents of a deceased employee, for a compensable accident as if the employer and/or the employee were subject to the Act, the policy of compensation insurance constituting a definite contract between all parties concerned, so that said section when amended shall read as follows: Insurer not to plead that employer is not subject to the Act. Section 71. Be it further enacted, that no policy or contract of insurance against liability arising under this Act shall be issued unless it contains the agreement of the insurer or insurers that it will promptly pay to the person entitled to same all benefits conferred by this Act, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured after the injury, or by any default in giving notice required by such policy, or otherwise. Such agreement shall be construed to be a direct promise by the insurer or insurers to the person entitled to compensation enforceable in his name. Section as amended. (a) A policy of insurance issued under the Georgia Workmen's Compensation Act shall always first be construed as an agreement to pay compensation; and an insurer who issues a policy of compensation insurance to an employer not subject to this Act shall not plead as a defense that the employer is not subject to the Act; and an insurer

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who issues to an employer subject to the Act a policy of compensation insurance covering an employee or employees ordinarily exempt from its provisions shall not plead the exemption as a defense. In either case compensation shall be paid to an injured employee or to the dependent of a deceased employee for a compensable accident as if the employer and/or the employee were subject to the Act, the policy of compensation insurance constituting a definite contract between all parties concerned. Section 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 March 24, 1933. INSURERS; UNDERTAKER COMMISSION UNLAWFUL. No. 286 An Act making it a misdemeanor for any person, firm, or corporation engaged in the life-insurance or industrial life-insurance business to receive any compensation or commission, directly or indirectly, on account of employment of an undertaker and prohibited any undertakers from giving directly or indirectly to any person engaged in such insurance business of any reward or commission on account of employment in connection with the burial of such policy holder. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act it shall be unlawful for any person, firm, or corporation engaged in life-insurance business or in the industrial life-insurance business to contract for or to receive any compensation or gratuity, directly or indirectly, on account of

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employment of any undertaker in connection with a burial or preparation for burial of any person whose life is insured by said company; and it shall also be unlawful for such undertaker to give or agree to give any such compensation or commission to such person, firm, or corporation engaged in the insurance business. Commission or reward to insurer, on account of employment of undertaker, unlawful. Section 2. Be it further enacted by the authority aforesaid that any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor, and punished as such. Punishment. Section 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 March 24, 1933. JUDGES' AND JURORS' QUALIFICATION. No. 310 An Act further provide for the qualification of judges and jurors in the trial of civil cases; and that any judge or juror of the courts of the State shall, irrespective of their relationship to a party in the case or their interest in the cause, be qualified to try any civil case in any of their respective courts wherein there is no defense filed in the case; and for other 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 any judge or juror of the courts of this State shall, irrespective of their relationship to a party in the case or their interest in the cause, be qualified to try any civil case in any of their respective courts wherein there is no defense filed in the case, except in the event either party to the cause shall object to the related jury or related judge. No disqualification to try undefended case, if no objection made.

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Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. JUVENILE-COURT LAW AMENDED. No. 30 An Act to amend an Act entitled An Act to establish in certain counties Juvenile Courts with jurisdiction to adjudicate upon all children under sixteen years of age, who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention-home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers, and compensation of the judge, the probation officer, and the other officers of said court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect; and for other purposes, adopted and approved August 16, 1915, and as amended by an Act adopted and approved August 19, 1916, entitled as above, by providing that in counties having a population of not less than 90,000 nor more than 125,000 the salaries of the judge and other officers shall be fixed by the county commissioners; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that that certain Act, adopted and approved August 16, 1915, and entitled, An Act to establish in certain counties Juvenile Courts with jurisdiction to adjudicate upon all children under sixteen years of age, who are delinquent, neglected, or otherwise subject to the discipline, or in

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need of the care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention-home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers and compensation of the judge, the probation officer, and the other officers of said court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect; and for other purposes, as amended by An Act adopted and approved August 19, 1916, and entitled as above, and found in Georgia Laws 1916, pages 58 and following, be and the same is hereby further amended by adding after Section 42 of the amended law another section, to be known as Section 43, as follows: Ga. L. 1915 as amended by Ga. L. 1916, p. 58, amended. Section 43. Be it further enacted by the authority aforesaid, that from and after the date of the passage of this Act, in all counties of this State having a population of not less than 90,000 inhabitants or more than 125,000 inhabitants, according to the last census of the United States, the amount of the salary of the judge of the juvenile court shall be fixed and determined by the county commissioners of said county. The appointment by the judge of the juvenile court of any and all probation officers or deputy probation officers, as well as the appointment of any superintendent, matron, or other employees of any detention-home for juveniles, as well as the number of such probation officers, deputy probation officers, superintendents, matrons, or other employees, shall be subject to the approval of the said county commissioners, and the said county commissioners shall have the sole authority to fix and determine their salaries. Any and all contracts entered into by the judge of said juvenile court, for the care and detention of juveniles, or for the expenditure of any money whatsoever, shall be submitted to the said county commissioners for approval, and shall be subject entirely to the approval of said county commissioners, who may reject the same. The provisions of this Act shall apply to the present term

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of office of said judge of the juvenile court, and any and all officers or employees of any kind, character, or description appointed by him, and to all present contracts; and the said county commissioners shall, immediately after the passage of this Act, proceed to fix and determine salaries of said judge, and the said officers and employees above mentioned, for the balance of their respective terms of office. Sec. 43 added. Juvenile court salaries in county of 90000 to 125000 population to be fixed by county commissioners. Contracts subject to approval of commissioners. Act applies to present term of office and present contracts. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws inconsistent with or repugnant to this Act, or in conflict with this Act, be and the same are hereby repealed. Approved February 15, 1933. JUVENILE COURT OFFICERS. No. 88 An Act to provide that in counties of this State having a population of not less than 75,000 and not more than 100,000, by the last or any future census of the United States, the number of probation officers, including probation officers who act as referees, matrons, superintendents, or other employees serving as officers or employees of any juvenile court now or hereafter existing in such counties, shall be subject to the approval of the county board of commissioners, or other fiscal agent of such counties; and to provide that the salaries of any such officers or employees, as well as the judge of said court, shall be fixed by such county board of commissioners, or other fiscal agent of the counties affected hereby. Section 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 county board of commissioners, or

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other fiscal agent, in each county of this State having a population of not less than 75,000 and not more than 100,000, to prescribe the number of probation officers, including probation officers who act as referees, matrons, superintendents, or other employees serving in any juvenile court now or hereafter established in such counties, and to fix the monthly compensation to be paid to such officers, superintendents, matrons, etc., and likewise to fix the salary of the judge of any such court now or hereafter existing in such counties; and no salaries shall be payable out of the treasuries of such counties to any officer, superintendent, matron, etc., of any such juvenile court now or hereafter existing in such counties, unless the number of such officers, superintendents, matron, etc., has been fixed as aforesaid and salaries thereof named in the manner herein provided. Number of juvenile court officers and amounts of salaries in counties of 75000 to 100000 population to be fixed by county commissioners or fiscal agent. Section 2. Be it further enacted by the authority aforesaid, that when the salaries have been fixed in the manner herein provided, the same shall be paid out of the treasuries of the respective counties in the same manner as other salaries are now paid by such counties, which shall be full compensation of the officers, superintendents, matrons, etc., for all official services rendered in said court or in connection therewith, and in lieu of any different compensation or different manner of fixing compensation heretofore existing in such counties. Payment from county treasury. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. LIMITATION PERIOD ON FREIGHT CHARGES. No. 314 An Act to provide a period of limitation for the collection of charges on intrastate shipments due common carriers operating in this State, as well as for the collection of

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overcharges due shippers on such intrastate shipments; and for other purposes. Section 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 actions at law by common carriers operating in this State, for the recovery of their charges or any part thereof, where such charges have accrued in connection with intrastate shipments, shall be begun within three years from the time the cause of action accrues, and not thereafter. Limitation of action for overcharges on intrastate shipments, 3 years. Section 2(a). Be it further enacted by the authority aforesaid, that all actions at law for the recovery of overcharges accruing on intrastate shipments shall be begun against common carriers operating in this State within a period of three years from the time the cause of action accrues, and not thereafter, except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation, said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of claim or any part or parts thereof. Extension of time. Section 2(b). For the purposes of Section 1 and paragraph (a) of this section, the cause of action in respect of a shipment of property shall be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after. When cause of action accrues. Section 3. Be it further enacted by the authority aforesaid, that the provisions of this Act shall extend to and embrace overcharges on which the cause of action accrued during the one-year period prior to the enactment of this Act, as well as overcharges on which the cause of action accrues thereafter, and all actions not begun within the period provided herein shall be barred and no recovery allowed thereon; except that claims for overcharges presented to the carriers on shipments moving during the

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period as set forth in this section shall not be deemed barred under the terms hereof, if presented within the period specified in Section 2(a) above. Claims covered by this Act. Section 4. Be it further enacted, that in the event any part or parts of this Act be declared unconstitutional by the Supreme Court, said decisions will not mitigate against the other parts and provisions of this Act as enacted, and they shall remain in full force and effect until lawfully charged or repealed. Act not invalidated by invalid part. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. MAPS AND PLATS OF SURVEYS No. 321 An Act to regulate the preparation, contents, and recording of maps or plats of survey of tracts or bodies of land; to prescribe conditions under which such map or plat shall be entitled to record; to define the duties of clerks of the superior courts with reference thereto; to fix his fee for same; to provide that the Acts shall become effective when recommended by the grand jury; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that when any tract or body of land may be subdivided into lots or blocks and a map or plat of survey of the same is made, such map or plat, to be entitled to record in the office of the clerk of the superior court of the county in which said land is located, whether said map or plat it attached to and made a part of a deed or not, must be prepared in the following manner:

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(a) Said plat or map must be prepared on good grade of linen cloth or tracing cloth; and with permanent India ink. Cloth and ink of plat, etc. (b) Said plat or map must be of a uniform size, namely: eighteen inches wide and twenty-four inches long; leaving a margin two inches in width on one end for binding purposes, and a one-half inch margin on the other three sides. Size, width of margin. (c) Said plat or map must contain a title or caption, giving the name of the subdivision or the property so subdivided. Title. (d) Immediately under the caption of said plat or map there must appear a complete and accurate description of the property so subdivided. In the event the property subdivided is a portion of a former subdivision, the description must also make reference to the former plat, giving the numbers of the lots or blocks so resubdivided. In the event the property so subdivided is a resubdivision of an entire tract of land formerly subdivided, the description shall refer to the former plat. Description of property. (f) Said plat shall show all original land-lot lines, if any, that cross or bound said tract of land so subdivided; and shall also show all fixed monuments, such as roads, etc., which may cross or serve to demarcate said property so subdivided. Original land-lot lines. Landmarks. (g) Said plat shall also show the date of survey, the name of the surveyor, cardinal points and correct scale. Date, surveyor's name, scale, etc. (h) Said plat as a whole must be made in a workmanlike manner. (i) If said tract of land so subdivided lies within the corporate limits of any incorporated town or city, the said plat or map must be approved and signed by the city engineer of such town or city, if one is employed. City, engineer's approval.

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(j) If said tract so subdivided lies without the limits of any incorporated town or city, said plat or map must be approved and signed by the county surveyor of the county in which the land lies, if one is employed. County surveyor's approval. (k) In the event a plat or map of such tract or body of land so subdivided cannot be reduced to such size as to be placed on the above-mentioned size sheets, then and in that event such plat or map may be prepared on two or more sheets of similar size, and upon similar tracing cloth and with similar ink, etc. In such event each additional sheet must bear the title or caption of the plat, and each sheet must be numbered immediately below the title or caption. In the event such plat or map is prepared on two or more sheets, and it is necessary for a clear understanding just what portion of the property is shown on each sheet or the relationship of one sheet to another, then a key map or plat must be prepared, which must appear as Sheet No. 1. Larger size on more than one sheet. Key map. (l) Each such plat or map must be accompanied by one blue-print thereof prepared on first-grade blue print cloth, of the same size as the original plat or map. Blue print. Section 2. The clerk of each superior court must provide himself with loose-leaf binders sufficient in size in which said plat or map and blue-prints thereof are to be placed, without the necessity of folding in any manner. One of said binders and the blue-prints therein contained shall be open to the general public for inspection, as all other public records in his office; and the other binder and the original plats or maps therein shall be kept by such clerk for the purpose of permanently preserving said plats or maps, and which will not be open for inspection by the general public, and from which additional blue-prints of similar nature may be made from time to time to replace the worn copies in the binder, open to the general public. The clerks of the superior courts shall be entitled to fifty cents as their fee for each of such plats filed for record; and in the event such map or plat is prepared on more than one sheet, they shall

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be entitled to fifty cents for each additional sheet. No charges shall be made for the filing of the blue-print copies. The clerk of the superior court of each county must also provide himself with an appropriate index-book in which he must index all such maps or plats under the caption or name of the subdivision, under the name of the owner or owners of the property subdivided, and also under the original land-lot number if the land lies in that portion of the State which has been surveyed into land lots and districts. There shall be no charge for indexing said plats or maps. Binders. Duplicate. Fee for filing, none for blue prints. Index-book. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, that whenever any map, sketch, or plat of any tract or body of land, whether attached to and made a part of a deed or not, is offered for record, it shall be the duty of the clerk of such superior court to correctly copy or trace such map, sketch, or plat in a loose-leaf plat-record book, and in no case shall any copy of such map, sketch, or plat be accepted by such clerk and pasted in such plat-book unless such copy be made on linen or tracing cloth and with permanent India ink. For recording of such map, sketch, or plat, the clerk shall be entitled to a fee of $1.00. In the event said map, sketch, or plat is not attached to and made a part of a deed then the clerk of said superior court must index said map, sketch, or plat in the index book hereinabove provided for under the caption or name of the property, provided it has one, under the name of the owner, and also under the original land-lot number, provided the land lies in that portion of the State which has been subdivided or surveyed into land lots and districts. There shall be no charge for indexing said plat, sketch, or map. Clerk's copy. Recording fee. Section 4. This Act shall not be effective in any county unless and until the grand jury of such county shall so recommend. Act not effective until grand jury recommends. Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same,

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that all laws or parts of laws in conflict with this Act are and the same are hereby repealed. Approved March 24, 1933. MEDICAL-EXAMINING BOARD No. 89. An Act to amend an Act establishing a State Board of Medical Examiners, approved August 18, 1913, as amended by an Act entitled an Act to abolish the present State Board of Medical Examiners and to establish a composite Board of Medical Examiners for the State of Georgia, defining its duties and powers; to protect the people from illegal and unqualified practitioners of medicine and surgery, as approved August 20, 1918, so as to amend the caption of said Act to provide for compensation of members of said board, and to provide further for duties of the joint secretary of the State Examining Boards as provided for by the Acts of the General Assembly, 1931, approved August 28, 1931; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 5 of the Acts of 1918, creating a composite Board of Medical Examiners for the State of Georgia, be and the same is hereby amended by striking Section 5 thereof in its entirety and substituting in lieu thereof a new section to be known as Section 5, as follows: Ga. L. 1918, p. 181; Sec. 5 stricken; new section substituted. Section 5. Be it further enacted, that immediately after the appointment and qualification of said members said board shall meet and organize. Said board shall elect a president and vice-president. Said board shall operate under the terms of the Act of 1931, approved August 29, 1931, providing for a joint secretary of the several State Examining

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Boards, and said joint secretary shall serve said board as now provided by law. Each board member shall receive, for services for each day's attendance upon board meetings, the sum of fifteen ($15.00) dollars and all necessary expenses incident to holding board meetings. Provided, however, that this per diem and expenses shall in no case exceed the fees collected by said joint secretary for said board. Said board shall hold two regular meetings each year. One meeting shall be held in May or June, at such time as suits the convenience of the graduates of the Medical Colleges in Atlanta and Augusta; the other meeting shall be held on the second Tuesday in October at the State Capitol. Call meetings may be held at the discretion of the president. The regular meetings for examinations shall be held at the State Capitol in Atlanta, and in Augusta. Said board shall adopt a seal, which must be affixed to all licenses issued by the board. The board shall, from time to time, adopt such rules and regulations as they may deem necessary for the performance of their duties, and shall examine and pass upon the qualifications of the applicants for the practice of medicine in this State, as herein provided. Organization and powers of board. Pay of members. Meetings. Seal. rules. Section 2. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 2, 1933. MOTOR-CARRIERS OF MAIL; PASSENGERS. No. 197. An Act to amend the Motor-Carrier Act of 1931, approved March 31, 1931 (Georgia Laws, Extra Session, 1931, page 99), by amending subsection (c-6) of Section 2 thereof, relating to the exemption of R. F. D. Carriers or Star-Route Carriers engaged in the carrying of the United States mail; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. The Motor-Carrier Act of 1931, approved March 31, 1931 (Georgia Laws, Extra Session 1931, page 99), is hereby amended as follows: Ga. L. Ex. Sess. 1931, p. 99, amended. Section 2. Subsection (c-6) as follows: R. F. D. Carriers and Star-Route Carriers are allowed to carry, without complying with the provisions of this Act, not exceeding five (5) passengers along with carriage of United States mail, providing they do not carry passengers on a route along which another motor-carrier of passengers has a permit or a certificate. Passenger limit, 5. Approved March 21, 1933. MOTOR-FUEL TAX TO RETIRE ROAD BONDS. No. 242. An Act to authorize counties having a population of not less than 21,325 and not more than 21,335, according to the census of 1930 and any future census, to expend and employ the funds paid to it under the Motor-Fuel Tax Act, for the purpose of paying interest on and providing a sinking-fund to retire bonds issued by such county for funds to build State-aid Roads. Section 1. Be it enacted by the General Assembly of Georgia, that in any county of this State having a population of not less than 21,325 and not more than 21,335, according to the census of 1930 or any future census, the county commissioners or other governing authority of such county shall be and they are hereby authorized, empowered, and directed to use, employ, and expend the funds paid to such county under the provisions of the Motor-Fuel Tax Act, provided August 19th, 1929, and under the allocation therein made of the revenue arising under said Act, for the

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purpose of paying interest on, and/or providing a sinking-fund to retire, any bonds which may have been issued by such county for the purpose of obtaining funds with which to build, improve, and/or construct public highways and roads in said county. Use of motor-fuel tax fund of county of 21325 to 21335 population. Section 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 March 23, 1933. MOTOR-FUEL TAX TO RETIRE ROAD BONDS No. 369 An Act to authorize the Ordinary or Commissioners of Roads and Revenues of certain counties in this State to use funds prorated to such counties from the allocation of gasoline taxes in retiring road bonds; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that in all counties of this State having a population of not less than six thousand three hundred and thirty and not more than six thousand three hundred and fifty, according to the census of the United States Government for the year 1930, the ordinaries or commissioners of roads and revenues, as the case may be are hereby authorized to appropriate and/or use any funds belonging to such county accruing from the tax on gasoline for the purpose of retiring any outstanding road-bonds issued by said counties, including the interest thereon. Use of gasoline tax funds of county of 6330 to 6350 population. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provision of this Act be and the same are hereby repealed. Approved March 24, 1933.

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MOTOR-VEHICLES AND SCHOOL BUSES. No. 333 An Act to prohibit the driving of motor-vehicles by school buses upon or over the roads or highways of the State of Georgia and on or upon any streets in the incorporated towns and cities of this State, while said school buses are stopped and engaged in taking on and discharging school children therefrom, and to provide for the identification of all school buses; and for other purposes. Section 1. It is hereby enacted by the General Assembly of the State of Georgia, that every person using, operating, and driving a motor-vehicle upon or over the roads or highways of the State of Georgia, or upon or over any of the streets of any of the incorporated towns and cities of this State, upon approaching any bus or other motor-vehicle transporting school children to or from school, while such bus or motor-vehicle is stopped and engaged in taking on or discharging such school children therefrom upon the roads or highways of the State of Georgia, or upon any of the streets of any of the incorporated towns and cities of this State, be and are hereby required to bring such motor-vehicle to a full stop before passing such school bus or other motor-vehicle, and are hereby required to remain stopped until such school bus or other motor vehicle shall have completed at that place the discharging or taking on of school children. Stoppage of motor-vehicle on approach to where school children get off or on bus, etc. Section 2. That all motor-vehicles used in transporting school children to and from schools in the State of Georgia be and are hereby required to be distinctly marked School Bus on both front, rear, and sides thereof, in letters of not less than five (5) inches in length and so plainly written or printed and so arranged as to be legible to persons approaching school bus, whether traveling in the same or opposite direction, or upon approaching said school bus from any direction, and that such school-bus drivers be

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required to stop said school bus on the right-hand side of the road or street as close to the curb or edge of said road or street as is practical. School-bus sign. Stopping place. Section 3. Be it further enacted by the authority aforesaid, that any person or persons found guilty of violating any provision of this Act shall be punished as for a misdemeanor. Punishment. Approved March 24, 1933. OPTOMETRY; REGISTRATION AND FEE No. 343 An Act to amend an Act approved August 17th, 1916, creating the State Board of Examiners in Optometry, and to repeal certain sections thereof; to provide for the payment of an annual registration fee to the secretary of said board; to declare the practice of optometry by unregistered or unlicensed practitioners dangerous to the public health and safety, and to provide that such practice be enjoined by the Board of Examiners in Optometry; to provide for punishment for a violation of this 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 all persons practicing optometry shall register annually with the secretary of said board, and shall pay an annual registration fee of three dollars, which must be paid on or before January 10th in each year subsequent to the enactment of this law. Failure to register and pay this fee shall forfeit the certificate of such delinquent, but he may be reinstated by paying all registration dues and an additional penalty of five dollars. Registration and fee. Section 2. Be it further enacted by the authority aforesaid, that section seven of the acts of 1916, pages 83-87, [Illegible Text]

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and the same is hereby repealed, and the following section enacted in lieu thereof: Ga. L. 1916, pp. 83-7; Sec. 7 repealed; new section. The Board of Examiners in Optometry shall refuse to issue its certificate of registration and may revoke its certificate of registration issued to any person who is not of good moral character, or who commits an act involving moral turpitude, or who is guilty of highly unprofessional conduct, or whose certificate was issued through error, fraud, or perjury; provided, in all such cases the Board of Examiners shall serve written notice of the charges on such accused person at least ten days prior to the date set for hearing, and said person notified to appear before the board to answer the charges at such time and place as the board may direct. Such notice shall plainly set forth the charges made, and notify the accused person to appear to answer the same. On such hearing, if the charges are found true, the accused having the right to produce witnesses in his behalf and cross-examine those testifying against him, the board shall render judgment after such hearing, and the person accused may enter an appeal to the next superior court of the county in which the hearing is held, if he is dissatisfied with the finding, such appeal to be governed by the law relating to appeals in other cases. Revocation of certificate. Notice of charges. Hearing. Appeal. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the practice of optometry by any unregistered or unlicensed optometrist is hereby declared to be a menace and a nuisance, dangerous to the public health and safety, and the Board of Examiners in Optometry shall promptly abate such practice by writ of injunction filed in the county in which such practice is conducted, and the writ shall be issued and the practice enjoined unless it shall be made to appear that such practitioner is licensed and registered. The board is hereby empowered to file such petition and prosecute the said action, and it is made its duty to do so. Unauthorized practice, a nuisance, injunction against.

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Section 4. Be it further enacted by the authority aforesaid, that section 1754(v), 1922 Supplement Park's Code, Acts of 1916, page 87, section eight of said act, be and the same is amended by adding to said section the following, to wit; And such person who practices, offers or pretends to practice, or holds himself out as eligible to practice, and who is not legally registered and licensed, shall be guilty of a misdemeanor, and shall be punished as for a misdemeanor for each day or fraction of a day that he practices in violation of this act. Ga. L. 1916, p. 87; Sec. 87 amended. Punishment. Section 5. Be it further enacted, that all laws or parts of laws in conflict with this act be and the same are repealed. Section 6. Be it further enacted, that if any section or part of this act is declared invalid, this shall not affect the other sections or provisions thereof. Act not invalidated by invalidity of part. Approved March 24, 1933. PARKS, COUNTY AUTHORITY AS TO. No. 315 An Act to authorize the Board of Count Commissioners or other administrative authority of all the counties in this State having a present population of not less than five thousand seven hundred sixty nor more than five thousand seven hundred sixty-five, according to the United States census for the year 1930, and without regard to their subsequent variations in population, to acquire, own, hold, and administer lands for the purposes of creating public parks, the preservation of historic sites, landmarks, and places, the erection of monuments or memorials, and other similar public purposes; and to grant to such county authorities the right of eminent domain for such purposes, the same to be exercised according to the provisions of law now or hereafter existing for the condemnation of property for public purposes;

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to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, Section 1. That the Board of County Commissioners or other administrative authority of all the counties in this State having a present population of not less than five thousand seven hundred sixty nor more than five thousand seven hundred sixty-five, according to the United States census for the year 1930, and without regard to their subsequent variations in population, shall have authority to acquire, own, hold, and administer lands for the purpose of creating public parks, and/or the preservation of historic sites, landmarks, and places, and/or the erection of monuments or memorials and other similar public purposes. And the said county authorities are hereby granted the right of eminent domain to acquire any property suitable for any of the above purposes, and the authority to exercise such right of eminent domain in accordance with the provisions of law now or hereafter existing for the condemnation of property for public purposes. Acquisition of land for parks, memorials, etc., by county of 5760 to 5765 population. Right of eminent domain. Section 2. Be it further enacted, that the said county authorities shall have authority to accept donations of money or property for any of the purposes of this Act, and to charge admission fees to such parks and memorials for the purpose of providing funds for the maintenance and upkeep thereof. Donations. Admission fees. Section 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 March 24, 1933.

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PEACHES ELIMINATED FROM GRADING LAW. No. 198 An Act to amend an Act of the General Assembly approved in 1927 (Acts 1927, pages 191 to 193, inclusive), entitled An Act to regulate the grading and marking of peaches and apples in closed packages; to authorize the Commissioner of Agriculture to establish and promulgate official standard grades for apples and peaches and rules and regulations governing the marketing of the same; and 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, by repealing all of said Act which applies to grading, marketing, and inspecting of peaches; to eliminate peaches from the provisions of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act Section 1 of the Act of the General Assembly of Georgia, entitled An Act to regulate the grading and marketing of peaches and apples in closed packages; to authorize the Commissioner of Agriculture to establish and promulgate official standard grades for apples and peaches and rules and regulations governing the marketing of 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 therefore, approved in 1927 (Acts 1927, pages 191-193, inclusive), be and the same is hereby amended by striking the word peaches at the end of the fourth line of said section; and by striking the word and at the beginning of the fifth line of said section; and by striking the words peaches and in the eighth line of said section; and by striking the words peaches and in the thirteenth line of said section; so that said section when amended shall read as follows: Ga. L. 1927, pp. 191-3; amended, by striking peaches.

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Section 1. Be it enacted by the General Assembly of Georgia, that the Commissioner of Agriculture is hereby directed to establish and promulgate, from time to time, official standard grades for all closed packages of 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 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 of immature apples, and an unclassified or similar marking for all apples not included in the other grades established. Sec. 1 as amended. Section 2. Be it further enacted, that Section 2 of the said Act is hereby amended by striking the words peaches or in the second line of said section; and by striking the words peaches or in the third line thereof; and by striking the words peaches or in the ninth line; so that said section when amended shall read as follows: Section 2. Whenever such standard for the grade or other classifications of apples under this Act becomes effective, every closed package containing 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 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 therefor for not more than one-half () of one (1) cent each. Sec. 2 as amended. Section 3. Be it further enacted by the authority aforesaid that section 3 of said Act is hereby amended by striking the words peaches and in the sixth line of said section; and by striking the words peaches and in the eighth line

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of said section; and by striking the words peaches or in the seventeenth line thereof; and by striking the words peaches or in the twenty-first line of said section; so that said section when so amended shall read as follows: Section 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 apples are produced, packed, or stored for sale, shipped, delivered for shipment, offered for sale, or sold, and to inspect such places and all 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 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 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. Sec. 3 as amended. Section 4. Be it further enacted by the authority aforesaid, that Section four of said Act is hereby amended by striking the words peaches or' in the first line of said section, and by striking the words peaches or at the end of the fourth line and the first word of the fifth line thereof; so that said section as amended shall read as follows:

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Section 4. When 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 apples are offered or exposed for sale. Sec. 4 as amended. Section 5. Be it further enacted by the authority aforesaid, that Section 6 of said Act is hereby amended by striking the words peaches or in the third line of said section; so that said section when so amended shall read as follows: Section 6. No person, firm, or corporation shall be prosecuted under the provisions of this Act, when he or it can establish that the 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 inspection 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. Sec. 6 as amended. Section 6. Be it further enacted by the authority of aforesaid, that section eight of said Act is hereby amended by striking the words any peaches which are immature or peaches or in the second line of said section, and by striking the words or peaches in the third line thereof; so that said section when amended shall read as follows: Section 8. No person in the State of Georgia shall ship apples unfit for human consumption; and no apples 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. Sec. 8 as amended. Section 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 March 21, 1933.

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PHARMACY BOARD; AMENDMENT ACT. No. 131. An Act to amend an Act entitled 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, by repealing Section 13 of said Act, which provides the qualifications of applicants for registered pharmacists; and to provide for the qualifications of all applicants for registration as pharmacists in this State; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the 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 appointments; 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, approved August 20, 1927, and set forth in the Acts of 1927 on pages 291 to 299, inclusive, be and the same is hereby amended by striking from said Act Section 13, which provides the qualifications

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of applicants for registration as pharmacists, in its entirety, and substituting in lieu thereof a new Section 13, as follows: Ga. L. 1927, p. 294; sec. 13, stricken, new section substituted. Section 13. That from and after January first after the passage of this Act, each applicant for registration as a pharmacist shall not be less than twenty-one years of age, and shall be a graduate of a generally recognized school or college of pharmacy, and in addition shall have had twelve months of practical experience in a drug store or place where physicians' prescriptions are dispensed by a licensed pharmacist registered under the laws of the State of his abode. Provided, however, that this Act shall not apply to those persons, bona fide citizens of Georgia, who at the time of the passage of this Act are actually employed in a place of business which is operated by a licensed pharmacist who is engaged in the compounding and filling of physicians' prescriptions; and who, within six months after the passage of this Act, file with the State Drug Inspector notice of their intention to apply for examination under this exemption; and who, within three years, present themselves for examination; and who file with the Board of Pharmacy evidence of graduation from an accredited high school, and of having had at least three years of practical experience. Provided further, that this Act shall not apply to those persons, bona fide citizens of Georgia, who prior to the time of the passage of this Act have had five or more years of experience in a retail drug-store under the direct supervision of a licensed pharmacist, and who present themselves for examination before the Board of Pharmacy prior to January first, 1934. New Sec. 13. Qualifications of pharmacists. Section 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 March 8, 1933.

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POLICEMEN OF COUNTIES; CIVIL SERVICE. No. 147. An Act providing that in all counties of the State of Georgia having a population of 200,000 inhabitants or more, according to the last or any future Federal Census, the county police therein shall serve during good behavior and efficient service, under civil-service regulations; authorizing the county commissioners, or ordinaries, or other governing authority to make necessary rules and regulations on the civil-service plan; and for other purposes. Section 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 date of approval of this Act the chief, officers, and men of any county police department in any county of this State having a population of 200,000 inhabitants or more, according to the last or any future Federal Census, who are now employed or who may hereafter be appointed or elected, shall serve during good behavior and efficient service, both of which shall be judged by the board of county commissioners, ordinary, or whatever governing authority may be in charge of the affairs of said county. County policemen, civil-service regulations for, in counties of 200000 or more population. Section 2. Said board, or other governing authority, shall furthermore have power to establish rules and regulations for said department on the civil-service plan, and all officers and men thereof shall serve under civil-service rules during good behavior and efficient service, to be finally and exclusively judged of by said board of county commissioners or other governing authority which may be in charge of the affairs of said county. Section 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 March 10, 1933.

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POLICEMEN, PENSIONS FOR No. 31. An Act to repeal an Act approved August 18, 1925, and published in the Acts of the General Assembly for 1925, on pages 228-234 inclusive, which said Act provides that cities having a population of one hundred fifty thousand (150,000) according to the census of the United States for 1920, shall furnish pensions to members of the police department who have stood civil-service examination and passed, and whose names are on the pay-roll of such departments. That this Act is to provide a pension for members of the police department in cities having a population of one hundred fifty thousand (150,000) or more, in the State of Georgia, according to the last census of the United States, and to provide how such members shall be paid in the event of total disability resulting from such service, and who are entitled to be paid; how much the members of the department shall be paid, and how dependents shall be paid in the event of death of any of such members. To provide how the funds shall be raised for paying said pensions, which shall be by twenty five per cent. (25%) of all fines and costs of court, and forfeitures of collaterals and bond forfeitures in the Recorder's Court of such cities, including money received from what is known as old-horse sales of property brought in by members of the police department or others and sold where no claim has been filed thereto. To provide that such cities shall levy a tax of $3.00 per month per member on the salaries of such members of the police force, to pay in part such reliefs and pensions. To provide that such cities shall be paid arresting fees for each and every person bound over from the Recorder's Court to the State, County, and Criminal Courts, and that such arresting fees shall be kept separate and apart by such cities and be paid into the pension fund of the police department; such arresting fees shall be as now provided

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or as may hereafter be provided by law. To provide how such funds shall be collected, deposited, and managed for the members of such police departments, whose names are now on the pay-rolls of such police departments and now in service, and to provide for ex-policemen to reapply for pension under this Act, and to abolish the present pension system and pension roll. To create a Board of Trustees, and provide for their selection and election to manage, hold, and distribute the funds that may come into their hands as provided in this Act. To provide that the Board of Trustees shall make all necessary rules for carrying out this Act. To provide that in case there should be at any time insufficient funds on hand to make payment of all the pensioners entitled to participate under this Act in the funds in the hands of said trustees, then the actual funds on hand shall be prorated among the beneficiaries and pensioners entitled to a pension at such time. To provide that none of the funds in the hands of such Pension Board of Trustees shall be subject to attachment, garnishment, judgment, or other legal process, nor shall such funds be assignable, but that such funds shall be paid in cash to the beneficiary if requested by him or her. To provide that if any part of this Act shall be held unconstitutional, the remainder shall remain of force, taken in connection with existing laws. To provide that this Act shall not affect or be affected by any workmen's compensation law or other similar laws. To repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, there shall be raised and established funds for the relief and pensioning of members of the police departments in said cities, who are in active service at the time of the passage of this Act, and whose names are now on the pay-roll of such departments, and future members of such departments and their dependents, in all cities in the State of Georgia having

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a population of more than one hundred fifty thousand (150,000), according to the last census of the United States or any subsequent census thereof. Police department pensions in city of more than 150000 population. Section 2. Be it further enacted, that every member of such police department who has stood civil-service examination and has been passed by the civil-service board, and whose names are on the pay-roll of such police department at the time of the passage of this Act, and future members of such departments, may as a matter of right retire from active service, provided he shall have served twenty-five (25) years in active service at the time of his retirement; and the time of service shall be counted from the time said policeman was sworn in as a member of such department. Time of retirement from service. Section 3. Be it further enacted, that when such member shall retire as a matter of right, as aforesaid, he shall be paid thereafter, if otherwise entitled thereto under the provisions of this Act, the sum of not exceeding sixty dollars ($60.00) per month for the remainder of his natural life; the same shall be paid monthly; and in the event of the death of such member who is receiving a pension under the provisions of this Act, his widow and minor children, and, if no widow, his minor children, shall draw from the time of such pensioner's death, the sum of forty dollars ($40.00) per month; and such pensions shall continue until such widow dies or remarries, and at her death or remarriage; then said pension shall be continued to be paid to the minor child or children of such deceased pensioner, and shall continue to be so paid until such child, or the youngest of such children, shall attain the age of 16 years. The term widow as herein used shall mean the wife of a policeman or pensioner who was married to him at least one year prior to the time the said policeman was making application for pension under this Act; and unless such widow whose husband participated in the pension fund hereunder was married to such policeman or pensioner at least one year prior thereto, she shall not be entitled to a pension under this act; nor

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shall the provisions of this Act be extended to include a wife of a policeman or pensioner who is not living with her husband, who is a policeman or pensioner hereunder, at the time of his death; nor shall the provisions of this Act be construed to include a wife who has deserted her husband who is such a policeman or pensioner and has not been supported by him. But if such policeman or pensioner is not married and should leave a widowed mother who is dependent upon such policeman or pensioner under this Act, then and in that event the widowed mother shall draw the pension which would otherwise have gone to the widow of such policeman or pensioner, or his minor child or children, under the provisions of this Act, had he been a married man, and that such pension shall not exceed the sum of forty dollars ($40.00) per month. Pension limit $60 a month. Widow and children, $40 a month. Meaning of widow herein. Widowed mother. Section 4. Be it further enacted by the authority aforesaid, that in the event a member of such police department, in good standing, shall be retired under the provisions of this Act because of total disability from injuries received or because of poor health that shall render him totally disabled as a result of such police services, but not on account of injuries or ill health brought about by his own indiscretion or his own act, he may apply for a disability pension under the provisions of this Act, which shall not exceed the sum of sixty dollars ($60.00) per month, if granted; and in the event of his death after being placed on such pension, the same shall not be continued to the widow or children of such petitioner. Should the Board of Trustees refuse to grant an order of retirement of a disability-pension applicant, said applicant may select a physician, and the board in charge of the administration of this Act for such police department shall select a physician, and the two physicians shall select a third physician, and these three physicians shall examine the applicant and determine whether or not he is totally disabled, and the decision of a majority of these physicians so selected shall be final on the question as

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to his total disability and as to his right to participate in a pension on this account, under the term of this Act. Total disability. Examination after refusal of pension. Section 5. Be it further enacted, that should a member of such police department be suspended for cause, or should he be on leave of absence from said police department without pay, this time so spent under suspension or on leave without pay shall not be counted in the time required to be retired because of twenty-five years service in such department under the provisions of this Act; and that such time so lost because of suspension or time spent on leave of absence shall be made up by the policeman, as it is the intention of this Act to require twenty-five years active service before retirement. Time of absence or suspension not counted in 25-years service. Section 6. Be it further enacted, that there is hereby established to serve, without pay, a Board of Trustees, whose duty it shall be to manage the funds that shall be collected to pay the pensions under the provisions of this Act, which said funds shall be kept by the City Treasurer of such cities as a separate fund, and covered by his bond as such. The Board of Trustees shall consist of the City Treasurer, the City Comptroller, and three members, who shall be in good standing at the time of their election, of the police department, which said members shall be elected by the members of the department who are in good standing and entitled to vote on the first Tuesday in February of every year after the passage of this Act. These three members of the department to serve one year and until their successors are elected. The City Comptroller and City Treasurer to be permanent members of the Board by virtue of their office as such Comptroller and Treasurer. Board of Trustees. Section 7. The Board of Trustees shall see to it that the payments of the funds under this Act are made to those entitled to receive the same. Said board shall have its first meeting on Wednesday following their election, and shall organize by electing a chairman, vice-chairman, and a secretary. The vice-chairman shall serve in the event of the

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absence or disqualification of the chairman, and all vouchers for the disbursements of funds shall be signed by the chairman; and such written order for disbursements shall fully protect the City Treasurer in the payment of said funds. A majority of the Board of Trustees shall control on all disputed questions. Meetings of board. Section 8. Said Board of Trustees shall make its own rules as to the time and place of meeting. Section 9. A tax of three dollars ($3.00) per month shall be levied on the salareis of all members of said police department who have stood civil-service examinations and passed the same, and whose names are on the pay-roll at the time of the passage of this Act; and the City Treasurer shall retain that amount from the salaries of each of said members and deposit the same in the pension-fund account. Tax of $3 a month on members of department. Section 10. Be it further enacted, that the sum of twenty-five per cent. (25%) of all money collected in fines and costs, and from bond forfeitures or forfeitures of collaterals in the Recorder's Courts of such cities, shall be paid into the pension fund created under the provisions of this Act, and in addition thereto all cash received from what is known as old horse sales or property brought in by policemen and sold where no claim is filed thereto, and all money left with said department and unclaimed for a period of ninety (90) days, shall be placed in said pension fund. Percentage of fines, etc., for pension fund. Section 11. Be it further enacted, that on and after the passage of this Act there shall be paid into the treasury of such cities as are herein described the sum of three dollars ($3.00) arresting fee for each person that is arrested by a member of such police department, and who is bound over by the Recorder's Court of such city to the courts of said State or any county thereof having jurisdiction to try such alleged offender as may be arrested as aforesaid, and that said fee of $3.00 shall be paid into the city treasury by the county receiving such prisoner as herein described, and by

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the treasurer of such city placed in the pension fund for the benefit of the members of the police department and their dependents as herein stipulated. Arresting fee of $3, goes to pension fund. Section 12. The City Treasurer shall keep, separate and apart from all other monies in his possession, all of the funds belonging to the police-pension fund as herein described. The funds so raised are for the sole use mentioned in this Act, and are subject only to the orders of the Board of Trustees for carrying out the intention of this pension law. Separation of fund. Section 13. Be it further enacted, that the Board of Trustees shall pay pensions to the members of the police department who shall be entitled thereto under the disability regulations of this Act, and to the widow and children of such deceased member of the police department who shall be entitled thereto under the provision of this Act, which said pension, when paid to a widow or those entitled to receive the same under the provisions hereof, shall not exceed the sum of forty dollars ($40.00) per month; and likewise where the same is paid to a widowed mother who is entitled thereto under the provisions of this Act, the same shall not exceed the sum of forty dollars ($40.00) per month; and in the event the city for whom such policeman is working at the time of his death shall pay to his widow or minor children, or mother, a year's salary after the death of such policeman, then the Board of Trustees shall not pay the pension under the provisions of this Act to the one entitled thereto until after the expiration of the time for which the salary is paid; but that the benefits intended to accrue under the provisions of this Act shall be postponed until such time as the salary of such deceased member shall cease to be paid to his dependent. Payment of pension. Section 14. In the event a member has served for twenty-five years as a member of such police department and does not desire to retire on pension under the provisions of this Act, and the Board of Trustees deems such

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member incapable of further service in said police department because of disability or impairment of health, then and in that event the same procedure shall be had as that described in Section 4 of this Act, to determine the condition of said member, and the decision of a majority of the physicians examining said member shall be final on the question which they decide. Examination of member not desiring retirement after 25 years. Section 15. The City Attorney shall, without extra compensation, render such legal service as the Board of Trustees created by this Act shall require. City Attorney's services. Section 16. In the event there should accumulate more funds than is needed for immediate use, the Board of Trustees are empowered to invest such excess funds in United State, State of Georgia, or municipal bonds of any municipality in said State; but not otherwise. Investment of excess funds. Section 17. Be it further enacted, that none of the funds herein mentioned shall be subject to the process of garnishment, attachment, judgment, or other legal process, nor shall any of the funds to be paid or disbursed under the provisions of this Act be assignable, but that the same shall be paid in cash to the beneficiary entitled thereto, if requested by him or her. Exemption of funds from garnishment, etc. Funds not assignable. Section 18. Be it further enacted, that if any part or section of this Act shall be held unconstitutional, the remainder of this Act shall be of full force and effect; provided the general terms of this Act can still be carried out. Invalidity of part of Act, not invalidate whole. Section 19. Be it further enacted, that on and after the passage of this Act all pensioners and beneficiaries under all prior existing pension Acts for the benefit of policemen and their dependents, and who are now receiving pensions, shall be reduced to the sum of sixty dollars ($60.00) per month, under the provisions of this Act; and no pensioner or beneficiary of a pensioner shall draw more than said sum of $60.00 per month. Be it further enacted by the authority aforesaid, that all pension-rolls of the police department

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of such cities are hereby abolished, and all persons who are now or heretofore entitled to a pension under any prior law shall make application for pension under the provisions of this Act, and, if entitled thereto under the provisions of this Act, shall be by said board placed on the pension-roll under the provisions thereof, but, if not entitled to pension under the provisions of this Act, shall be denied the right to participate in any of the funds belonging to the pension fund of such departments in such cities; and the same is true of any of the dependents or beneficiaries of prior members of said police departments,that they likewise shall make application under the provisions of this Act for pension, and, if entitled to participate and be pensioned from the funds of such department, they shall be placed on the pension-roll under the provisions of this Act, but not otherwise. Pensions under prior Acts reduced. Former pension rolls abolished, new applications required. Section 20. Be it further enacted, that the plan and purpose of this Act is to furnish a pension to the aged, infirm, and disabled members of the police department of such cities who are now or may hereafter be in the service of such departments and on the pay-roll of such departments, and to their dependents; and that the taxation herein provided is a part of the general purpose of this Act to accomplish this end; and it is further the intention of this Act to permit those now on the pension-roll of said police departments to participate in the pension-fund under the provisions of this Act, if otherwise entitled thereto by the terms of this Act. Purpose of this Act. Section 21. Be it further enacted, that when any policeman who has served 25 years and has not been placed on a pension, but has remained in active service, dies, his wife and minor child or children shall receive a pension of not exceeding forty dollars ($40.00) per month until such widow dies or remarries; and in either event, then the pension shall be continued to be paid in the sum aforesaid to the child or children under 16 years of age, and after such

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child shall attain the age of 16 years the pension shall cease; and in the event said policemen shall not be survived by a widow or minor child, but shall be survived by a widowed mother who was dependent upon such policeman at the time of his death, then the pension of not exceeding forty dollars ($40.00) per month shall be paid to said widowed mother during her natural life or until she remarries. It being the intention of this Act, where payment of a pension is provided to a widow of a policeman, that the same shall not be paid unless such widow shall have been married to such policeman for a period of at least twelve (12) months prior to the time of his death. Widow and children of unpensioned policemen of 25-years service. Section 22. Be it further enacted, that in the event there shall at any time be less funds on hand than are needed to carry out the terms of this Act, then the actual funds on hand shall be prorated among those then on the pension-roll and the beneficiaries of such as are entitled to receive pensions under the provisions of this Act. Fund prorated in case of shortage. Section 23. This Act shall not be affected nor shall it affect any of the provisions of any workmen's compensation law or other similar laws. Other laws not affected by this Act. Section 24. Be it further enacted, that each and every member of such police department shall pass a civil-service examination as may be required by the Governor of such cities before he can be taxed $3.00 per month as provided in this Act, and before he can become entitled to participate in any of the funds raised under the provisions of this Act for relief and pensions. Civil-service examination. Section 25. 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 February 15, 1933.

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POLICEMEN'S PENSIONS; AMENDING ACT. No. 130. An Act to amend an Act entitled an Act to repeal an Act approved August 18, 1925, and published in the Acts of the General Assembly for 1925, on pages 228-234, inclusive, which said Act provides that cities having a population of 150,000, according to the census of the United States of 1920, shall furnish pensions to members of the Police Department; and for other purposes: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act entitled an Act to repeal an Act approved August 18, 1925, and published in the Acts of the General Assembly for 1925, on pages 228, 234, inclusive, which said Act provides that cities having a population of 150,000, according to the census of the United States of 1920, shall furnish pensions to members of the Police Department; and for other purposes, be amended as follows: Ga. L. 1925, pp. 228-34, amended. Section 1. That an Act approved August 18, 1925, and published in the Acts of the General Assembly for 1925, on pages 228-234, inclusive, which said Act provides that cities having a population of 150,000, according to the census of the United States of 1920, or any subsequent census, shall furnish aid, relief, and pensions to regular members of the Police Department, and for other purposes, be and the same is hereby repealed; but the fund now in the hands of the trustees created and appointed under said Act shall be transmitted to the trustees created and appointed under this Act, to the end that the funds formerly raised under said repealed Act for the benefit of the Police Department shall be continued to the benefit of the same department under this Act. The trustees appointed hereunder shall receive said funds and disburse them as provided under the provisions of the present Act. Trustees of pension fund of cities of 150000 population.

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Section 2. That all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved March 8, 1933. PRACTICE OF LAW, ADMISSION TO. No. 124 An Act to regulate the admission to the practice of law in this State, of persons resident and non-resident of this State; to repeal any and all laws in conflict with this Act. Section 1. Be it enacted by the authority of the General Assembly of Georgia, that no person, excepting licensed attorneys from attorneys from other states hereinafter provided for in this Act, shall be admitted to the practice of law in this State except by examination as is now and may hereafter be provided for by law. Provided, however, that the provisions of this Act shall not apply to those students of law who are now pursuing the study of law and have completed at least one year of study in a law school operating under the provisions of section 4942 of the Code of Georgia on or before the first day of July, 1933. Examinations required for admission to bar; exceptions. Section 2. A person, resident or non-resident, licensed to practice law in a foreign State or the District of Columbia may be admitted to the bar of this State without examination, when he shall submit with his application certificates of the clerk and of the presiding judge or justice of the highest court of the foreign State or the District of Columbia that the applicant has been for the last five years, and is at the time the application is made, actively engaged in the practice of law as a member of the bar of that State or District and of such court, and that he is of good private and professional character. The certificate must show further that under the laws of said foreign State or District a member of the bar of this State is eligible to admission

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by comity. Admissions under this section shall be by application to the superior court of the applicant's residence, actual or intended. Attorneys from other States. See Sec. 3, post. Application for admission. Section 3. Licensed attorneys of the class provided for in Section 2 above, unable to comply with the terms thereof, may be admitted under the provisions of Section 1 of this Act. Provided, however, that nothing herein shall prevent the courts of this State from permitting a visiting non-resident attorney to participate in the trial of cases in the courts of this State in which said non-resident attorney may represent a party to the case. Attorneys from other States. Visiting attorney. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1933. PRIMARY ELECTIONS FOR GENERAL ASSEMBLY; SPECIFICATION OF INCUMBENT OPPOSED. No. 300 An Act to provide for the nomination and election in primary elections of Members of the General Assembly in all counties having more than one representative and a population of not less than 30,620 and not more than 30,624 according to the Federal Census of 1930, by requiring specifications by candidates of the incumbent opposed; to provide how ballots in such elections shall be prepared; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that from and after the passage of this Act, candidates for representative in the General Assembly in all counties having more than one representative and a population of not less than 30,620 and not more than 30,624 according to the Federal Census of 1930, shall, when qualifying for a primary, specify the particular candidate and/or incumbent which he desires to oppose or succeed. Candidate in primary election must specify person opposed or incumbent, in county of 30620 to 30624.

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Section 2. Be it further enacted, that all ballots in such elections shall be prepared by listing the candidates to succeed each incumbent in separate brackets; and improper striking in one of said brackets shall not affect the validity of a ballot in the bracket or brackets properly marked. Form of ballot. Section 3. Be it further enacted that all laws and parts of laws in conflict here with be and the same are hereby repealed. Approved March 24, 1933. PRIMARY ELECTIONS IN CITIES. No. 358 An Act to fix the times of holding primary elections for city officials in the cities of 200,000 population, or over, of this State; and for other purposes. Be it enacted by the House of Representatives and the Senate of the General Assembly of the State of Georgia, as follows: Section 1. Hereafter no primary at which nominations are made for city positions of any kind shall be held, in any of the cities of 200,000 population or over of this State, earlier than September 1st, nor later than October 31st, of any calendar year; provided, that if the regular elections of any municipalities are held in months other than December, then the date of primaries at which nominations are made for said general elections in such cities shall not be held earlier than ninety days prior to said general elections nor later than thirty days prior thereto. Time of primary election in city of 200000 or more population. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933.

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PRIMARY ELECTIONS IN CITIES. No. 389 An Act to regulate primary elections in all municipalities in the State of Georgia, by providing how such elections shall be conducted, the returns thereof made, and to provide penalties for the violation thereof, and providing that the same shall apply only to cities of 200,000 or more according to the last or any future Federal Census; and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that every municipal political primary election held by any political party, organization, or association, or held for the purpose of determining any question that may be submitted thereat, shall be presided over and conducted in the manner and form prescribed by the rules of the political party, organization, or association holding such primary election by managers selected in the manner prescribed by such rules; such managers shall, before entering upon the discharge of their duties, each take and subscribe an oath that he will fairly, impartially, and honestly conduct the same according to the provisions of law providing how primary elections shall be held in the municipalities of the State of Georgia, and in accordance with the laws of this State governing regular elections for offices of this State. Should one or more of the managers thus appointed to hold such elections fail to appear on the day of election, the remaining manager or managers shall appoint others in their stead, and administer to them the oath herein prescribed. The managers shall take the oath before a notary public or other officer authorized to administer oaths; but if no such officer can be conveniently had, the managers may administer the oath to each other. The oath, after being made and subscribed, shall be field in the office of the clerk of the municipality, or other office performing the ordinary duties of a clerk thereof, within five days after an election. Primary elections in city of 200000 or more population. Managers. Oath of manager.

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Section 2. Before any ballots are received at such primary elections, and immediately before opening the polls, the managers shall open each ballot-box to be used in the election, and shall exhibit the same publicly, to show that there are no ballots in the box. They shall then close and lock or seal up the box, except the opening to receive the ballots, and shall not again open the same until the close of the election. They shall keep a list of voters voting at the election, and shall, before receiving any ballot, administer to the voter an oath, provided the voter's vote is challenged, that he is duly qualified to vote according to the rules of the party, and according to the election laws of this State, and that he has not voted before in such primary election then being held. At the close of the election the managers shall proceed publicly to count the votes and declare the result. They shall certify the result of the election, and transmit the certificate with the tally-sheet or poll-list, together with the ballots cast, and all other papers relating to such primary election, within the time and in the manner prescribed herein. Ballot-boxes. Voters lists. Voter's oath. Counting votes. Certificate. Section 3. No elector shall vote in any such primary election in a ward or voting district other than the one in which he resides. Vote to be in voter's ward. Section 4. No person shall act as manager, clerk, or assistant, or in any other way take part in receiving, counting, or consolidating the votes or results in any such primary election, who has not first taken the oath prescribed by law for managers of primary elections; and no manager of any primary election shall permit any person to act as assistant or clerk, or in any way take part in receiving, counting, or consolidating the votes or results in any such primary election, who has not first taken the oath now prescribed by law for the managers of primary elections. Manager, clerk, etc., not to act before taking oath. Section 5. No manager of any such primary election shall receive the ballot of any elector until he has first ascertained that the name of such elector does appear upon

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the registration list furnished for such election by the registrars, or filed by them in the office of the clerk of the municipality in which the primary election is held; and upon the receipt of such ballot the name of the elector voting shall be checked or marked on said list. Ballot not to be received if name not on registration list. Checking list. Section 6. The returns of the managers, with the tallysheets, lists of voters and ballots, together with all papers connected with said election, shall be filed in the office of the clerk of the municipality in which said election is held, within four days after the final declaration of the result thereof. One of the lists of the voters and one of the registration lists with names of those checked or marked as voters shall be exhibited by said clerk to any one desiring to inspect same; but the other documents deposited as aforesaid shall be kept unopened and under seal until the next meeting of the grand jury, to which grand jury one registration list, one list of voters, and the checked registration list above mentioned shall be exhibited; and if no action is taken thereon by the grand jury, and no contest has been filed within the time prescribed by the authorities of said party, then all of said election papers shall be destroyed. Filing election returns. Destruction of papers. Section 7. The persons authorized by the rules of the party, organization, or association to hold such primary election shall provide an official ballot whereon shall be printed all the names of the candidates for the various offices, candidates for which are being voted for. Official ballot. Section 8. The party authorities shall, in all matters not provided for herein, formulate rules and regulations for holding said primary election and for making returns thereof to the proper party authorities. Rules for election, etc. Section 9. No person shall receive the nomination for any office voted on in any primary election held by any political party, organization, or association, in any municipality, without receiving a majority of all the votes cast

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in such primary; and if no one person voted on in such primary receives such majority, a second primary for such party, organization, or association shall be held not less than ten nor more than thirty days thereafter, and, in such second primary, only the two candidates receiving the highest votes in the first primary shall be accepted as the candidates of the party, organization, or association holding such second primary, and shall be voted on in order to determine the nominee in the general election for which the said primary was held. No nomination without majority of votes. Second primary. Limited to two candidates with highest votes. Section 10. The expense of holding such primary elections shall be paid by the political party or other organization holding the same; and such organization, through its head officer shall within thirty days from the date of any such primary, file with the clerk of the municipality an itemized statement, under oath, of all receipts and disbursements in connection with the holding of any such primary. Expense of primary, how paid. Statement of expenses. Section 11. All the laws now of force in this State in reference to the qualification of voters and their registration shall apply to said elections; and no persons shall be entitled to vote at any such primary election who is not a duly qualified and registered voter according to the laws of this State, and who is not also in accordance with the rules and regulations of the party holding the same. General laws applicable. Section 12. Any manager, clerk, or voter of or at a primary election held hereunder, or the clerk of the city council, who shall violate any of the provisions herein, shall be guilty of a misdemeanor and punished as such. Punishment for violating Act. Section 13. Any manager of a primary election who shall be guilty of fraud or corruption in the management of an election shall be guilty of a misdemeanor and punished as such. Fraud by manager. Section 14. Any voter at a primary election held under this statue, who shall, if challenged, swear falsely in taking

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the party oath or shall personate another and shall take the oath in his name in order to vote, or who shall vote more than one time at any particlr election, shall be guilty of perjury and shall be punished as for perjury. False oath by voter. Repeaters. Section 15. If the clerk of the municipality, who by law is entrusted with the ballots of an election held hereunder, shall fail or refuse to deliver up such ballots when they are required as evidence in a contested-election case and are legally demanded of him, he shall be deemed guilty of a misdemeanor and punished as such. City clerk, failing to deliver ballots. Section 16. Any person who shall either buy or sell or offer to buy or sell or be in any way concerned in buying or selling or contribute money for the purpose of buying a vote in any municipal primary election in this State shall be guilty of a misdemeanor, and upon conviction punished as such. Buying or selling votes, contributing money therefor. Section 17. Any political party or organization which may nominate candidates for political office by primary elections shall institute an executive committee of the party or organization, consisting of one member from each ward, elected by a majority of the qualified voters of such party or organization residing in that ward and voting in the election. Such member of the executive committee shall have been a resident of the ward from which he or she is elected at least two years prior to the date of the election, and they shall serve for terms of two years. Provided, that existing political parties or organizations shall elect such executive committee at their regular primaries during the year 1933, as provided in this Act. Election of executive committee. Section 18. All primary elections held by any political party or organization shall be held not earlier than September 1st, and not later than October 31st, of any year. Time of primary elections. Section 19. Nothing herein contained shall be construed to affect primary elections other than elections held in municipalities as herein provided. Cities not affected.

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Section 20. Be it further enacted, that the provisions of this Act shall apply only to cities or municipalities of this State having a population of 200,000 or more according to the last or any future Federal Census. Section 21. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1933. PRIMARY ELECTIONS OF COUNTY OFFICERS. No. 166. An Act to provide the time at which primary elections for nomination of county officers shall be held in counties in this State having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that this Act shall be applicable to all of the Counties in this State having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States. Primary elections in cities of 75000 to 100000 population. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, whenever any political party in this State shall hold a primary election in any of the counties to which this Act applies, for the nomination of the county officers to run in a regular or general election, such party, or its authority, shall cause all candidates for nomination for county officers in such counties to be voted for at such time as may be fixed by the county executive committee of such party; provided said executive committee shall not fix the date for such general primary for nomination of county officers earlier than sixty days before the date of the general election at which

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the offices are to be filled, and shall, where a State-wide primary is being held by such party for the nomination of Governor, State-house officers, and members of the General Assembly, hold such county primary on the same date as such State primary is held, as fixed by the State executive committee or other authority of such party. Time of election. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. PROBATION OFFICERS IN COUNTIES. No. 81. An Act to provide for the appointment of a county probation officer in all counties in this State having a population of not less than 75,000 and not more than 100,000 inhabitants by the last or any future census of the United States, upon recommendation of the grand jury and approval of the county board of commissioners, or other fiscal agent of the county; to provide for fixing the compensation of such officer and for his appointment; to provide conditions for the continuance of any such office already created in such counties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the grand jury of any county having a population, by the last or any future census of the United States, of not less than 75,000 and not more than 100,000 inhabitants, may recommend to the judge of its superior court that he appoint a county probation officer who shall have supervision and oversight of all probationers from the several courts of criminal jurisdiction in the county, and when such recommendation is approved by the county board of commissioners,

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or other fiscal agent of the county, it shall be the duty of the judge to appoint such person or persons as seem best qualified for the duties devolving upon a probation officer to serve during the pleasure of the court making the appointment; provided, such office or offices shall be discontinued if the grand jury of such county shall subsequently so recommend and such recommendation be approved by the county board of commissioners, or other fiscal agent of the county. Probation officer of county of 75000 to 100000 population. Appointment by judge on recommendation of grand jury, etc. Section 2. Be it further enacted by the authority aforesaid, that the monthly compensation to be paid such county probation officer and his assistants, if any, shall be fixed by order of the county board of commissioners, or other fiscal agent of the county, and paid out of the county treasury on order of the county board of commissioners, or other fiscal agent of the county, as other salaries are paid by the county. Pay of officer and assistants. Section 3. Be it further enacted by the authority aforesaid, that said officer shall give such bond as may be required of him by the county board of commissioners, or other fiscal agent of the county, with security to be approved by such county board of commissioners, or other fiscal agent of the county. Official bond. Section 4. Be it further enacted by the authority aforesaid, that in any county to which this Act applies, where a county probation officer has been appointed by a judge of the superior court upon recommendation of the grand jury of the county, such office shall not continue without the express approval of the county board of commissioners, or other fiscal agent of the county; and the salary of any such officer, if continued under the provisions of this Act, shall be fixed by the county board of commissioners, or other fiscal agent of such county, which shall be his full compensation in lieu of any salary heretofore fixed by the judge of the superior court, or any other agency whatsoever. Continuance of office, subject to approval. Pay.

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Section 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 March 2, 1933. RAILROAD LEASES AUTHORIZED. No. 142. An Act to authorize any railroad corporation organized under the laws of the State of Georgia, which has heretofore leased its property for a long term of years to another corporation, and this lease has heretofore or hereafter terminated, and the lessor is not a going concern or equipped to conduct the operations of a railroad company, to sell or lease its property, rights, and franchises to another railroad corporation upon such terms as may be agreed upon by the board of directors of the selling or lessor assented to by the holders of a majority of its stock, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that any railroad corporation organized under the laws of the State of Georgia, which has heretofore leased its property for a long term of years to another corporation, and this lease has heretofore or hereafter terminated, and the lessor is not a going concern or equipped to conduct the operations of a railroad company, be and it is hereby authorized to sell or lease its property, rights, and franchises to another railroad corporation upon such terms as may be agreed upon by the board of directors of the selling or lessor corporation, and assented to by the holders of a majority of its stock. Authority to sell or lease railroad. Section 2. Be it further enacted, that the railroad corporation to which a sale or lease is made under the terms

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of this Act shall acquire all the property, rights, and franchises of the selling, or lessor, corporation. Rights acquired. Section 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 March 10, 1933. REGISTRATION OF VOTERS, ASSISTANCE IN. No. 103. An Act to authorize the county board of registrars and the ordinary in certain counties to assist the tax-collector in registering voters. Section 1. 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 board of registrars and the ordinary, in the counties of this State having a population, according to the United States Census of 1930, or any future census, of not less than 4,340 and not more than 4,350, shall have the authority to assist the tax-collector in registering voters of said county. Assistance in registering voters in county of 4340 to 4350 population. Section 2. Be it further enacted by the authority aforesaid, and 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 March 2, 1933.

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SALARIES OF BAILIFFS OF SOLICITORS. No. 172. An Act to authorize and empower the board of commissioners of roads and revenues, or other fiscal agents, in counties of this State having a population of not less than seventy-five thousand (75,000) nor more than one hundred thousand (100,000) according to the last or any future census of the United States, to fix the compensation of special criminal bailiffs of the solicitors-general and solicitors of the city courts in such counties, in lieu of other compensation paid to such special criminal bailiffs; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the board of commissioners of roads and revenues, or other fiscal agents, of the counties of this State having a population of not less than seventy-five thousand (75,000) nor more than one hundred thousand (100,000) according to the last or any future census of the United States, shall fix and provide for the payment, out of county funds, of the compensation to special criminal bailiffs of solicitors-general and solicitors of the city courts in such counties, in lieu of all other compensation paid by such counties to such special criminal bailiffs. Pay of solicitor's bailiff in county of 75000 to 100000 population. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933.

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SALARIES OF CLERKS IN LIEU OF FEES. No. 110. An Act to provide a salary in lieu of the fee system for the clerk of superior court and other courts served by the clerk of the superior court in counties of twenty-six thousand seven hundred fifty (26,750) to twenty-seven thousand seven hundred fifty (27,750) inhabitants, inclusive, according to the United States Census of 1930 or any subsequent United States census, 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 all counties of this State having a population of twenty-six thousand seven hundred fifty (26,750) to twenty-seven thousand seven hundred fifty (27,750) inhabitants, inclusive, according to the United States census of 1930 or according to any subsequent United States census, the fee system of compensating the clerk of the superior court for all his services as such clerk, and as clerk of any other court of this State in said counties, is hereby abolished; and the said clerk shall hereafter be paid a salary as herein provided, in lieu of all fees paid said clerk under the fee system. Salary in lieu of fees for clerk in county of 26750 to 27700 population. Section 2. (Same: fixing salary of said clerk.) The salary of said clerk to be paid in lieu of all the fees aforesaid shall be fixed within thirty days after the enactment of this Act, and thereafter at least thirty days before the first day of January of each succeeding year, beginning with January 1, 1934, by the county board of commissioners of roads and revenues of each of said counties, if there be such (whether that body shall consist of one or more commissioners), or, if there be no such board, then by the ordinary or other county authority of each of said counties

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having charge of the roads and revenues of said county, as the case may be; and the said salary fixed at the times aforesaid shall not be changed during the period between said times; provided, however, said salary shall not be less than four thousand dollars ($4,000.00) per annum. Time of fixing salary. Amount not to be under $4000. Section 3. (Same: compensation of deputies and other assistants.) The said clerk shall pay, out of the said salary so fixed, the compensation of any deputy and/or other assistants which said clerk may from time to time employ. Salary to include assistants. Section 4. (Same: payment of salary of said clerk.) After the salary of said clerk becomes effective, there shall be paid out of the county treasury, upon warrants issued monthly by the said county board or ordinary or other said county authority, as the case may be, monthly proportions of said salary to said clerk, upon the said clerk's fully complying with the provisions of section six (6) hereof. Payment of salary. Section 5. (Same: necessary office supplies.) The said clerk may from time to time requisition the said county board or ordinary or other said county authority, as the case may be, for all supplies needed in his office, and the said county board or ordinary or other said county authority shall issue warrants directing that all necessary supplies for said office be paid out of the funds in the county treasury. Office supplies. Section 6. (Same: all fees collected by said clerk for use of county or State, and paid thereto monthly, with verified statement.) All fees, costs, percentages, forfeitures of bonds, penalties, allowances, perquisites, and all other emoluments of whatever kind which shall accrue after thirty days from the enactment of this Act, and are now or may hereafter be allowed by law or by any court order to be received or collected as compensation for all services by said clerk as such, shall be received and collected by said clerk for the sole use of the county, or, if collected for services to the State of Georgia, for the sole use of the

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State of Georgia, and shall be held as public moneys belonging to the said county or State, as the case may be, and on the first day of each month, or the second day of each month when the first day falls on a Sunday, paid to the said county or State treasury, as the case may be, with an itemized statement verified by the said clerk, showing such collection and the source from which collected, which said statements shall be kept as permanent records of said county or State. Collection of fees, etc. Turning over fees, etc. Section 7. (Same: fees, costs, etc., in pending and undisposed of suits, etc.) All fees, costs, percentages, forfeitures of bonds, penalties, allowances, perquisites, and all other emoluments of whatever kind, whether accrued or unaccrued in entirety or in part, in all suits, criminal prosecutions, and other cases and matters pending and undisposed of in said courts when the salary provided in this Act becomes effective, shall be collected by the said clerk for the sole use of the county, or, if collected for services to the State of Georgia, for the sole use of the State, and shall be accounted for and paid over to the county or State, as the case may be. Section 8. (Same: accounts of said clerk.) Said clerk shall keep full and regular accounts in accordance with regulations established by the said county board or ordinary or other said county authority, as the case may be, subject at all times to be examined by any citizen asking the privilege to do so, of all items charged and/or collected by said clerk on account of fees, costs, percentages, forfeitures of bonds, penalties, allowances, perquisites, and all other emoluments of whatever kind, and said accounts shall be part of the records of the office of said clerk and shall belong to the county, and shall be transmitted by said clerk to his successor in office. Accounts. Section 9. (Same: duties of clerk; collection of fees, etc., without reduction, abatement, or remission.) The said clerk shall perform all the duties heretofore or hereafter

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after required of him as such by law or the lawful order of any court, except as herein otherwise provided, and shall diligently attend to the collection of all fees, costs, percentages, forfeitures of bonds, penalties, allowances, perquisites, and all other emoluments of whatever kind, without reducing, abating, or remitting any of the same, unless the same be allowed as provided by law. No reduction or remission of fees. Section 10. (Same: punishment of clerk, his deputy, and other assistants.) Said clerk herein named, his deputy and/or assistants, wilfully violating any provision of this Act shall be guilty of a misdemeanor, and on conviction, shall be punished as prescribed in section 1065 of the Criminal Code of 1910. Punishment for violating Act. Section 11. (Same: unconstitutionality in part.) Should any section of this Act, or part thereof, be declared unconstitutional by any court of competent jurisdiction, all other sections of this Act, or parts thereof, shall nevertheless be of full force and effect. Invalidity of part of Act, not invalidate whole. Section 12. (Same: repealing conflicting laws.) All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 2, 1933. SALARIES OF CLERKS IN LIEU OF FEES. No. 254. An Act to provide for the payment of a salary in lieu of fees to clerks of the superior court of counties in this State having, by the United States census of 1930 and any future census, a population of from 21,120 to 22,300; to provide for the abolition of the fee system for compensating the clerk of the superior court in such counties, and providing the disposition of fees, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the first day of January, 1937, all clerks of the superior court of counties in the State of Georgia having, by the United States census of 1930 and any future census, a population of from 21,120 to 22,300 inhabitants, shall be compensated for their services by being paid a salary from the county treasury of said counties, in lieu of fees. Salary in lieu of fees for clerk of county of 21120 to 22300 population. Section 2. Be it further enacted, that the salaries of the clerks of the superior court of said counties shall be $3,600.00 per annum, payable monthly, and said clerks shall pay for any assistants or deputies which they may employ. Amount of salary $3600, to include assistants. Section 3. Be it further enacted, that the county authorities of such counties shall set apart for expenses such funds as they may decide to be proper for the expenses of said office. Expenses. Section 4. Be it further enacted, that all fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, which are now or may hereafter be allowed by law to be received or collected as compensation for services by such officers herein named, shall be received and collected by all of said officers, and each of them, for the sole use of the county in which they are collected, and shall be held as public moneys belonging to said county, and accounted for and paid over to said county on the first day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the sources from which collected; and the county treasurer shall keep a separate account showing the sources from which said funds were paid. Fees, how collected. accounted for, and disposed of. Section 5. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1933.

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SALARIES OF CONVICT WARDENS, ETC. No. 171. An Act to provide that the counties of this State having a population of not less than 35,400 and not more than 36,000, by the last or any future census of the United States, the warden, deputy warden, guard, physician, or any other officer or employee having charge, control or direction of convicts, whose salary is payable out of the treasuries of such counties, shall be named and their salaries fixed by the commissioner of roads and revenues and advisory board of such counties, or other fiscal agent thereof, who may in their discretion remove and discharge such officers or employees; and for other purposes. Section 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, in all counties in this State having a population of not less than 35,400 and not more than 36,000 by the last or any future census of the United States, the warden, deputy warden, guard, physician, or any other officer or employee who has charge, control, or direction of convicts in such counties, and whose salary is payable out of the county treasury of any of such counties, shall be appointed by the commissioner of roads and revenues and advisory board, or other fiscal agent, of the respective counties affected hereby; and any such officers or employees may be removed at the pleasure of the commissioner of roads and revenues and advisory board, or other fiscal agent authorized to appoint such officers or employees. Pay of convict wardens in county of 35400 to 36000 population. Section 2. Be it further enacted by the authority aforesaid, that the compensation to be paid out of the treasury of any such counties shall be fixed by the commissioner of roads and revenues and advisory board, or other fiscal agent of the county paying such compensation, which may be

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changed from time to time in the discretion of such board or other fiscal agent of the county. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. SALARIES OF COUNTY OFFICERS. No. 19. An Act to amend that certain Act adopted and approved August 18, 1927, and found in Georgia Laws 1927, pages 207 and following, entitled 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 13, 1924, and for other purposes, by providing that the salaries of the clerk of the superior court, the sheriff, the ordinary, the tax-collector, and the tax-receiver, in certain counties in Georgia, shall be determined and fixed by the county commissioners and ex-officio judges of said counties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that that certain act adopted and approved August 18, 1927, and entitled, 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,

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the tax-collector, and the tax receiver; to make provisions regulating and carrying out of said change; to regulate the disposition of costs, and for other purposes,' approved August 13, 1924; and for other purposes, be and the same is hereby amended as follows: Ga. L. 1927, p. 207; paragraph (B) stricken; new paragraph substituted. By striking from said Act of August 18, 1927, the paragraph lettered (B), and inserting in lieu thereof another paragraph lettered (B), as follows: (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 amount of the salary of the clerk of the superior court, the sheriff, the ordinary, the tax-collector, and the tax-receiver shall be determined and fixed by the county commissioners and ex-officio judges of such counties. The salaries of such officers so determined and fixed by said county commissioners and ex-officio judges shall be paid out of the treasury of such counties in equal monthly installments. The provisions of this Act shall be effective immediately on and after the final passage and approval of the same by the Governor, and shall apply to said officers whose terms of office began on January 1, 1933, as well as to their present terms of office, and to that extent shall be retroactive; and this Act shall likewise apply to said officers who may hereafter be elected and to their terms of office. New paragraph (B). Salaries of officers of county of 90000 to 150000 population. Section 2. 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 February 17, 1933.

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SALARIES OF COUNTY OFFICERS. No. 23. An Act to provide that in all counties of this State having a population of not less than ninety thousand nor more than one hundred and thirty thousand, according to the census of the United States, the salary or salaries of jailers, deputy jailers, turnkeys, guards, and other like jail employees, of the two special bailiffs, and/or one bailiff and one secretary appointed by the judge of the superior court of the judicial circuit in which such counties are situated under existing laws, of the stenographic reporter of the superior court appointed by the judge of the superior court of the judicial circuit in which such counties are situated, and of all the deputy sheriffs and bailiffs of the superior and city courts of such counties, shall be fixed and determined by the county commissioners and ex-officio judges of said counties and paid out of the country treasury; and that the number of deputy sheriffs and bailiffs of said superior and city courts to be employed, and the number of jailers, deputy jailers, turnkeys, guards, and other like jail employees to be employed, in said counties shall also be fixed and determined by said county commissioners and ex-officio judges of said counties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, in all counties of this State having a population of not less than ninety thousand nor more than one hundred and thirty thousand inhabitants, according to the census of the United States, the salary or salaries of the jailers, the deputy jailers, turnkeys, guards, and other like jail employees, also of the two special bailiffs and/or one bailiff and one secretary appointed by the judge of the superior court of the judicial circuit in which such counties are situated, such appointments

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being made under existing laws, also of the stenographic reporter of the superior court appointed by the judge of the superior court of the judicial circuit in which such counties are situated, and also of all the deputy sheriffs and bailiffs of the superior and city courts of such counties, shall be fixed and determined as to amount by the county commissioners and ex-officio judges of said counties, and such salary or salaries of all such officers shall be paid out of the county treasury of such counties upon the order of said county commissioners; and the number of deputy sheriffs and bailiffs of said superior and city courts to be employed or appointed, as well as the number of jailers, deputy jailers, turnkeys, guards, and other like jail employees to be employed or appointed, shall likewise be fixed and determined by said county commissioners of said counties. Salaries of jail employees, bailiffs, judge's secretary, court stenographer, etc. of county of 90000 to 100000 population, how fixed. Section 2. Be it further enacted by the authority aforesaid, that the terms and provisions of this Act shall apply to the present officers and employees referred to in Section one (1) of this Act and to their salaries, as well as to all future officers and employees; and the said county commissioners shall have the right to proceed to fix and determine the salaries of the said present officers and employees during their present term or tenure of office. Act applies to present officers. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1933. SALARIES OF COUNTY OFFICERS; REFERENDUM. No. 132. An Act to change the method of compensating the clerk of the superior court, the sheriff, the ordinary, tax-collector,

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tax-receiver, tax-commissioner, in all counties in this State having a population of 29,000 or more inhabitants and less than 29,800 inhabitants according to the 1930 United States census or any future census; to abolish the fee system as to those officers now compensated by the fee system; to provide for all the said officers to be paid a salary; to provide for the county commissioners or other county authorities in said counties to fix said salaries; to provide for the payment of said salaries out of county funds; to regulate the disposition of fees, forfeitures, and costs now received by said officers; to provide for a referendum on said measure in said counties; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That this Act shall apply to all counties in the State of Georgia having by the United States census of 1930 a population of twenty-nine thousand (29,000) or more inhabitants, and less than twenty-nine thousand eight hundred (29,800) inhabitants; and this Act shall likewise apply to all counties which may have by any future United States census a population of twenty-nine thousand (29,000) or more inhabitants, and less than twenty-nine thousand eight hundred (29,800) inhabitants. Salaries of officers of county of 29000 to 29800 population. Section 2. That, in all counties described in section one, the system for compensating the officers herein named, whether the same be by the fee system or by salaries now fixed by law, shall be abolished; and the officers herein named shall hereafter be paid salaries as herein provided, instead of receiving the compensation now provided by law for such officers. Section 3. From and after the effective date of this Act, the salaries of the following named officers, in all of such counties as are described in section one, shall be fixed as

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hereinafter provided; the officers affected hereby being as follows: Fixing salaries. 1. The Clerk of the Superior Court (whether he be ex-officio clerk of other courts or not). 2. The Sheriff. 3. The Ordinary. 4. The Tax-Collector. 5. The Tax-Receiver. 6. The Tax-Commissioner in those counties where the offices of tax-collector and tax-receiver have been abolished or consolidated. The salaries of all of the aforesaid officers in such counties shall be fixed by the commissioners of roads and revenues, if there be such, whether the body shall consist of one or several commissioners, or by the ordinary or other county authority having charge of the revenues and roads of such counties. On or before December tenth of each year said salaries shall be fixed as herein provided for the next calendar year, and shall not be changed during said year. Section 4. That, after said salaries are so fixed as herein provided, it shall be the duty of the treasurer of such county, if there be a treasurer, and if no treasurer it shall be the duty of the officer or body disbursing county funds, to pay out of the county funds on the first day of each month, to each of said officers, the monthly portion of such salary to which each officer is entitled for the preceding month. Payment of salaries. Section 5. That all compensation or fees which are now received by law by any of the officers herein named, for services rendered the State of Georgia, and which are paid to them by the State of Georgia (as distinguished from the county) are hereby abolished, and such services to the State shall be performed by said officials for the salaries paid out of the county treasury, as herein provided. Salaries in lieu of fees.

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Section 6. That all fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, which are now or may hereafter be allowed by law to be received or collected as compensation for service by any officer herein named, shall be received and collected by all of said officers and each of them, for the sole use of the county (or, if collected by the State, for the sole use of the State) in which they are collected, and shall be held as public monies belonging to said county (or State) and accounted for and paid over to said county (or State) on the first day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections, and the sources from which collected, and the county treasurer, or, if no treasurer, the officer or body handling county funds, shall keep a separate account showing the sources from which said funds were paid. Collection of fees, accounting, etc. Section 7. Be it further enacted by the authority aforesaid, that before this bill shall become operative, it shall be submitted to the voters of each county coming within the description of counties affected by this bill, in the following manner: The question of ratifying this Act shall be submitted to the qualified voters of each county on Thursday, April 6, 1933. The ordinary of each respective county shall call a special election for this purpose on this date, said call to be issued at least fifteen days before Thursday, April 6th. At such election, the voters shall be provided with ballots having printed on them For ratification of the Act of the General Assembly providing salaries of county officers instead of fees. The ballots should also have printed on them Against ratification of the Act of the General Assembly providing salaries of county officers instead of fees. If a majority vote in each respective county shall be cast for ratification of this said Act, then this Act shall become operative and effective as of January 1st, 1934. If a majority of the voters shall cast their ballots against ratification of said Act, then this Act shall not become effective in

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so far as each respective county voting against ratification is concerned. Referendum. Section 8. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1933. SALARIES OF COUNTY OFFICERS; REFERENDUM. No. 385. An Act under which the county commissioners or other officers having charge of the fiscal affairs of all counties in this State having a population of not more than thirty-two thousand six hundred and fifteen nor less than thirty-two thousand six hundred and ten, according to the United States Census, shall be required to abolish in such county the fee system for compensating the officers herein named, except those fees or compensation which are paid by the State; to provide that said officers shall thereafter be paid salaries as herein provided; and to provide the manner in which this shall be accomplished; and to provide that said Act shall not become operative in any county until the same has been ratified by a majority of the voters of such county voting at an election held therefor; 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, the county commissioners or other officers having charge of the fiscal affairs of any county coming within the terms of this Act shall abolish in such county the fee system for compensating the officers holding the following offices in such county to wit: the Ordinary, the Clerk of Superior Court, the Clerk of any City Court, the Sheriff, the Tax-Collector, and the Tax-Receiver,

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and all of their deputies and assistants, except that such of said officers as receive any fees or compensation from the State of Georgia shall continue to receive the same. Salaries of officers of counties of 32610 to 32615 population. Section 2. Be it further enacted by the authority aforesaid, that said County Commissioners or other officers having charge of the fiscal affairs of said County, shall provide that said Officers shall, after the abolition of said fee system, thereafter be paid salaries as herein provided instead of fees as under the present fee system. Salaries in lieu of fees. Section 3. Be it further enacted by the authority aforesaid, that when said authorities abolish said fee system in any county they shall, at the same time or as soon as possible thereafter, fix the salaries of said officers and their assistants in the following manner: they shall provide a monthly compensation to be paid to each one of said officers, which shall not exceed one hundred per cent. (100%) nor shall be less than sixty per cent. (60%) of the amount of fees and costs collected by and through the office of the officer whose compensation they are thus fixing, out of which sum such officers shall pay their assistants. The county commissioners may from time to time change the amount of compensation to be paid each of such officers, but in doing so they shall be guided by the maximum and minimum above specified. The amount of monthly compensation to be received by each of such officers shall be based upon the amount of fees and costs paid such officers, except fees from the State during the month immediately preceding the month in which the compensation is paid. The said county commissioners shall also fix the compensation of the judge of any city court in any such county, which said salary of the judge of the city court shall be not less than two thousand four hundred dollars ($2,400.00) per year, and not more than four thousand five hundred dollars ($4,500.00) per year. The said county commissioners shall also fix the salary of the solicitor of any city court in any such county, which said salary of the solicitor of any such city court shall

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be not less than one thousand two hundred ($1,200.00) dollars per year, and not more than two thousand dollars ($2,000.00) per year. Fixing salaries. Limit of salary of city-court judge, $2400 to $4500. City-court solicitor, $1200 to $2400. Section 4. Be it further enacted by the authority aforesaid, that all fees and costs and all other compensation of whatever kind which may now or thereafter by law be allowed to any of such officers shall be received and collected for the sole use of the county in which such officers are serving, and shall be held as public money belonging to said county and accounted for and paid to the officials of such county having charge of the county funds on or before the 10th day of each month, at which time a detailed statement shall be made by each of said officers, under oath, showing such collections and the source from which collected. Collection of fees, accounting, etc. Section 5. Be it further enacted by the authority aforesaid, that the salaries or compensation of said officers shall be fixed as provided herein. It shall be lawful for the custodian of the county funds, on or before the 15th day of each month, to pay out the monthly percentage of salaries or compensation to each officer to which is entitled. Payments to officers. Section 6. Be it further enacted by the authority aforesaid, that the salaries of the various officers named herein shall be their sole compensation, except such fees or compensation as they may receive from the State. Section 7. Be it further enacted by the authority aforesaid, that all costs and fees and insolvent costs which become due prior to which this Act takes effect, but which have not been collected, and all fees which were earned prior to the time this act takes effect, but which were not due, shall still be payable to the officer who is entitled to the same prior to this Act, and he shall be entitled to retain the same. Section 8. Be it further enacted by the authority aforesaid, that nothing in this Act shall be construed to change

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the amount of fees and costs provided by Law or the manner in which their collection is effected. Section 9. Be it further enacted by the authority aforesaid, that this Act shall not become effective in any of said counties until the same shall have been approved by a majority of the votes cast at an election provided for in this section: In any county coming within the classification to which this act is applicable, an election may be held on the question of making this Act operative in said county, whenever a petition of one fourth of the qualified voters of said county shall be filed with the ordinary of such county, praying for such an election. Upon said petition being filed with the ordinary, it shall be his duty to order an election to be held on said question at the earliest date possible after publishing notice of such election in at least three weekly issues of the county newspaper in which legal advertisements of the county are published. Said election shall be held as ordinary county elections are held. Those favoring the operation of said Act in said county shall have written or printed on their ballots the words, For ratification of the alternative Act providing for placing county officers on a salary, and those opposing the operation shall have written or printed on their ballots the words, Against ratification of the alternative Act providing for placing county officers on a salary. The ordinary of said county shall appoint the managers or superintendents and clerks and make all the usual and necessary provisions for said election, providing the same number of polling-places as are usual and customary in each of said counties for holding general elections. It shall be the duty of said ordinaries, in making appointments of said election officials, to give equal representation to the friends and supporters of the affirmative and also the negative of the proposition submitted. The expense incurred in holding said election and making provisions therefor shall be borne by said counties, and the county commissioners, or other authorities having charge of

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the fiscal affairs of said counties, shall draw their warrant on the treasurers of said counties, or other custodian of the county funds, for the aggregate amount thereof, which shall be honored by said treasurer or other custodian of county funds. Said election shall be held in the same manner, and under the same regulations as elections for county officers, with the following exception; (1) Any voters not residing within the limits of the county-site may vote at the court house under the same terms as apply in general elections. (2) After the polls are closed, the managers or superintendents of election at each polling-place shall count the ballots and make up the precinct returns, and shall place on list of voters, the registration list, one tally-sheet, and one copy of the other election papers in the ballot-box for that precinct, and shall seal up the same with the ballots in the ballot-box, and put another copy of the returns, tally-sheets, list of voters, and other election papers into a separate package unsealed; and the unsealed package and the ballot-box shall be deposited, as soon as possible after the count is finished, with the clerk of the superior court, who shall safely keep them in a vault at the court-house until noon of the day following the election, when he shall deliver them to the superintendents for consolidation. At noon of the day following said election, the election superintendents, or a majority of them, shall meet at the court-house and consolidate the returns, and shall prepare true consolidation sheets or certificates showing the number of votes cast For ratification of the alternative Act providing for placing county officers on a salary, and the number of votes cast Against ratification of the alternative Act providing for placing county officers on a salary. (3) One certificate together with one copy of all election papers, including the oaths of the superintendents, shall be sealed without delay and mailed to the Governor, and the other with like accompaniments shall be turned over to the ordinary of the county, who shall, by order to be entered on his minutes, declare the result, and shall then turn over the ballots and other election

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papers to the clerk of the superior court of the county, to be by him deposited in his office. If a majority of the votes cast at said election are For ratification of the alternative Act providing for placing county officers on a salary, then all of the provisions of the Act shall be of full force and effect in said county on the 13th day after the declaration of the result of said election. If a majority of the votes cast at said election be Against ratification of the alternative Act providing for placing county officers on a salary, or in the event there should be a tie, then none of the provisions of this Act shall have any force or effect whatever in said county; but another election may be called and held under the same circumstances, conditions, and regulations, after the expiration of two years from the date of the last election on the same subject. Referendum. Section 10. Be it further enacted by the authority aforesaid, that all rules and regulations relative to the preparation of original and supplemental list of voters, as set forth in section 55 to 75 of the Civil Code of Georgia of 1910, and the Acts amendatory thereof, shall be and are hereby made applicable to this referendum election. Section 11. Be it further enacted by the authority aforesaid, that this Act shall not be construed to supersede, repeal, or modify any law already existing with reference to a change of any county or counties from the fee system to the salary system for any county officer. Laws not affected by this Act. Section 12. Be it further enacted by the authority aforesaid, that if any part of this Act shall be held to be unconstitutional, such part shall not affect the remaining portion of this Act. Invalid part of Act not invalidate whole Section 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 March 24, 1933.

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SALARIES OF COUNTY TREASURERS. No. 46. An Act to authorize the board of commissioners of roads and revenues or the ordinaries in certain counties of this State to fix the salaries of county treasurers in such counties, and the time and manner of payment of the same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that in all counties of this State having a population of not less than 75,000 and not more than 100,000, according to the last census of the United States, the board of commissioners of roads and revenues, or the ordinary in counties having no board of commissioners of roads and revenues, shall fix the salary of the county treasurer of such counties, and provide for the payment of the same by the county. Treasurer's salary in county of 75000 to 100000 population, how fixed. Section 2. Be it further enacted by the authority aforesaid, that all laws parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. SALARIES OF DEPUTY SHERIFFS AND BAILIFFS IN CERTAIN COUNTIES; REPEALING ACT. No. 21. An Act to repeal that certain Act adopted and approved July 31, 1920, as set forth in the Acts of the General Assembly of 1920, page 144, and embodied in Michie's Code of Georgia Laws of 1926, in paragraph 6000(2), which provides that the salaries of deputy sheriffs and bailiffs of the superior and city courts, in counties having a population of not less than eighty-five thousand and not

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more than one hundred and fifty thousand, shall receive a salary of one hundred and fifty dollars a 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 that certain act adopted and approved July 31, 1920, and set forth in the Acts of the General Assembly of Georgia page 144 and embodied in Michie's Code of Georgia Laws of 1926, paragraph 6000 (2) which provides that the salaries of deputy sheriffs and bailiffs of the superior and city courts in counties having a population of not less than eighty-five thousand and not more than one hundred and thirty thousand shall receive a salary of one hundred and fifty dollars a month, be and the same is hereby repealed. Ga. L. 1920, p. 144; repeal of Act. Salaries of deputy sheriffs, etc., in counties of 85000 to 150000 population. Approved February 15, 1933. SALARIES OF JAILERS, ETC.; REPEALING ACT. No. 20. An Act to repeal those portions of the Acts of the General Assembly of Georgia adopted and approved July 31, 1920, and August 6, 1924, and found in Georgia Laws 1920, page 215, and in Georgia Laws 1924, page 123, and compiled and embodied in Michie's 1926 Penal Code of Georgia Laws, section 1137 (2), and which provide for certain monthly salaries of jailers, deputy jailers, turnkeys, and other like jail employees, employed in counties having a population of not less than 80,000 nor more than 130,000; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that those certain portions of the Acts of the General Assembly of Georgia adopted and approved July 31, 1920, and August 6, 1924, and found in Georgia Laws

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1920, page 215, and in Georgia Laws 1924, page 123, and compiled and embodied in Michie's 1926 Penal Code of Georgia Laws, section 1137 (2), and which provide for certain monthly salaries of jailers, deputy jailers, turnkeys, and other like jail employees, employed in counties having a population of not less than 80,000 nor more than 130,000, be and the same are hereby repealed. Ga. L. 1920, p. 215; Ga. L. 1924, p. 123. repeal of Act. Salaries of jail employees in county of 80000 to 130000 population. Approved February 15, 1933. SALARIES OF SPECIAL BAILIFFS; REPEALING ACT. No. 22. An Act to repeal those portions of the Acts of the General Assembly of the State of Georgia adopted and approved August 1, 1911, August 17, 1914, and August 18, 1919, and found in Georgia Laws 1911, page 67, of Georgia Laws 1914, page 60, and Georgia Laws 1919, page 98, and embodied in Michie's 1926 Code of Georgia Laws, section 4996, which provide that the two special bailiffs appointed by judges of the superior courts, in any county in their judicial circuits which contains a city of sixty thousand inhabitants or more, shall receive a salary of one hundred and fifty dollars 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 those portions of the Acts of the General Assembly of Georgia, adopted and approved August 1, 1911, August 17, 1914, and August 18, 1919, and found in Georgia Laws 1911, page 67, Georgia Laws 1914, page 60, and Georgia Laws 1919, page 98, and compiled and embodied in Michie's 1926 Code of Georgia Laws, section 4996, and which provide that the two special bailiffs appointed by judges of the superior courts, in any county in their judicial

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circuits which contains a city of sixty thousand inhabitants or more, shall receive a salary of one hundred and fifty dollars a month, payable out of the county treasury upon the order of the commissioners of roads and revenues of said county, be and the same are hereby repealed. Acts repealed. Balliffs' salaries in county with city of 60000 or more population. Approved February 15, 1933. SALARIES OF STENOGRAPHIC REPORTERS. No. 57. An Act to repeal those portions of the Acts of the General Assembly of Georgia adopted and approved August 19th, 1911, and August 18th, 1919, and found in the Acts of the General Assembly of 1911, page 200, and of the year 1919, page 277, and compiled and embodied in Michie's 1926 Code of Georgia Laws, section 5989 (1), which provides that the salary or compensation of the stenographic reporter in all the judicial circuits of this State having therein a city with a population of not less than sixty-five thousand inhabitants nor more than one hundred thousand inhabitants shall be the sum of two hundred and fifty dollars a 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 those portions of the Acts of the General Assembly of Georgia adopted and approved August 19th, 1911, and August 18th, 1919, and found in the Acts of the General Assembly of 1911, page 200, and of the year 1919, page 277, and compiled and embodied in Michie's Code of Georgia Laws of 1926 in section 5989 (1), which provides that the compensation of the stenographic reporter in all judicial circuits of this State having therein a city with a population of not less than sixty-five thousand nor more than one hundred thousand inhabitants shall be the sum of two hundred and

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fifty dollars a month, such compensation to be in full for all services of any kind properly chargeable to the counties in which they are located, be and the same are hereby repealed. Acts repealed. Court stenographer's salary in county with city of 65000 to 100000 population. Approved February 22, 1933. SALARIES OF STENOGRAPHIC REPORTERS. No. 65. An Act to provide for the fixing of the compensation of official court reporters of the superior and city courts, in counties of this State having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States, by the county board of commissioners, or other fiscal agent of such counties, and for the payment of such compensation out of the county treasury of such counties; to provide the disposition of the fees now prescribed by law for the taking down and transcribing of testimony taken in said courts; and for other purposes. Section 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 the date of the approval of this Act the compensation to be paid to all official court reporters of the superior and city courts, in counties of this State having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States, shall be such monthly salary as fixed and ordered by the county board of commissioners, or other fiscal agent of such counties, which amount shall be subject to change in the discretion of the board, such change to be effective from the 1st of the month next succeeding the date of the order of the county board of commissioners, or other fiscal agent, making such change. Court stenographer's salary in county of 75000 to 100000 population, how fixed. Section 2. Be it further enacted by the authority aforesaid, that such compensation, when so fixed, shall be paid monthly out of the treasury of such counties on order of its

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county board of commissioners, or other fiscal agent, as other salaries are paid by such counties. Payment of Salary. Section 3. Be it further enacted by the authority aforesaid, that when the salaries of the said officials have been fixed, as aforesaid, same shall be, as to each of said officials, the sole and only compensation of said officials for services rendered in their official capacities; and the provisions of any prior general or local Act or law fixing any different compensation or any different manner of fixing the compensation of said officers is hereby expressly repealed. Salary in lieu of other pay. Section 4. Be it further enacted by the authority aforesaid, that the fees for transcripts, as now provided in civil cases, shall be applicable in both civil and criminal cases, and shall be collected by such court reporter for the use and benefit of the county; and should the person or persons liable therefor default in the payment thereof, it shall be the duty of the clerk of the court in which the case is reported to issue a fi. fa., and enforce the collection thereof as costs of court are now collected; and upon the collection of such costs, the same shall be covered into the county treasury on or before the 1st day of the calendar month after collection is made. Collection of fees. Section 5. Be it further enacted by the authority aforesaid, that each of said reporters shall, at least once a month, file with the clerk of the court in which he is reporting a list of the cases he has reported, setting forth the amount due by each party litigant for taking down the testimony and charge of the court, as now provided by law, which amount shall, by said clerk, be entered on the cost docket, collected as other costs are collected, and paid into the county treasury. At the same time, a duplicate of such report shall be filed with the county board of commissioners, or other fiscal agent of the county. Filling list of cases reported and amounts due. Duplicate list. Section 6. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. SECURITIES COMMISSION LAW AMENDED. No. 281. An Act to amend an Act approved August 17, 1920, entitled An Act to create and establish the Securities Commission, to provide the membership of said commission, and define the duties and powers thereof, to define and classify securities and regulate the sale thereof, to provide for the license of dealers in securities and their agents, to fix fees therefor, to provide a penalty for the violation of this Act; and for other purposes, as amended by an Act approved August 31, 1922, and also by the Act to simplify the operation of the Executive Branch of the State Government by abolishing certain offices, etc., approved August 28, 1931, wherein the Secretary of State was made sole Securities Commissioner of the State; so as to substitute the words Secretary of State for the words Securities Commission or Commission wherever said words occur in said Acts of 1920 and 1922; to provide for the licensing of dealers and issuers, and of their agents, engaged in the business of selling or offering for sale securities in classes A, C, and D, or securities in either of said classes; to enlarge the powers of the Secretary of State; to provide penalties for the unlicensed sale, or offer to sell, by any such dealer or issuer or agent thereof, of securities in said classes, or of securities in either of said classes; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act approved August 17, 1920, entitled, An Act to create

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and establish the Securities Commission, to provide the membership of said Commission and define the duties and powers thereof, to define and classify securities and regulate the sale thereof, to provide for the license of dealers in securities and their agents, to fix fees therefor, to provide a penalty for the violation of this Act; and for other purposes, as amended by an Act approved August 21, 1922, and also by the Act to simplify the operation of the Executive Branch of the State Government by abolishing certain offices, etc., approved August 28, 1931, wherein the Secretory of State was made sole Securities Commissioner, be amended in the following particulars, to wit: Acts amended. Section 2. By substituting for the words Securities Commission or Commission wherever these words occur in said Acts of 1920 and 1922 the words Secretary of State. Secretary of State substituted for Commission. Section 3. By striking all of the last paragraph of Section 1 of said Act of 1922, amending Section 5 of said Act of 1920, and substituting in lieu thereof the following: The term or word `dealer' shall include every person other than a salesman who in this State engages either for all or part of his time, directly or through an agent, in the business of selling securities issued by another person or purchasing or otherwise acquiring such securities from another for the purpose of reselling them, or of offering them for sale to the public, or offering, buying, selling, or otherwise dealing or trading in securities as agent or principal for a commission or at a profit, or who deals in futures or differences in market quotations of prices or values of securities or accepts margins on purchases or sales or pretended purchases or sales of securities; provided, that the word dealer shall not include a person having no place of business in this State, who sells or offers to sell securities exclusively to brokers or dealers actually engaged in buying and selling securities as a business. Ga. L. 1922, p. 157. Amendment to Sec. 5 of Act of 1920. Definition of dealer.

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Section 4. By striking all of subsection (10) of Section 3 of said Act of 1922, amending Section 8 of said Act of 1920. Ga. L. 1922, p. 160; amendments. Section 5. By striking the last paragraph of Section 8 of said Act of 1920, as amended by Section 3 of said Act of 1922, and substituting in lieu thereof the following: Any security in Class `A' and the sale thereof, except as hereinafter expressly provided, shall not be subject to the provisions of this Act. Section 6. By adding a new subsection to be (3) of Section 9 of said Act of 1920, as amended by Section 4 of said Act of 1922, to read as follows: (3) Subscriptions for shares of the capital stock of a corporation prior to the incorporation thereof under the laws of this State, where no expense is incurred or no commission, compensation, or remuneration is paid or given for or in connection with the sale or disposition of such securities. Stock subscriptions where no expense incurred in sale, etc. Section 7. By striking the second paragraph of Section 16 of said act of 1922, and substituting in lieu thereof the following: Ga. L. 1922, p. 171, amended. Sec. 35a. Any person engaged in the business of dealing in Class `A' securities as defined in this Act, or the agent of such a dealer, who shall sell or offer for sale in this State any security in said class, or any issuer, broker, agent, solicitor, officer, director, or other person, who shall sell or offer for sale in this State any security in Class `C,' as defined in this Act, without having first obtained a license or permit so to be in compliance with the provisions of this Act, except as otherwise specifically exempted herein, shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Penalty. Section 8. By striking all of the second paragraph of Section 18 of said Act of 1922, amending Section 36 of said Act of 1920, and substituting in lieu thereof the following: Ga. L. 1922, pp.171-2, amended.

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Sec. 36. Any issuer, dealer, broker, solicitor, agent, or other person, who shall sell or offer for sale in this State any security in Class `D,' as defined in this Act, or any person who shall deal in any interest in real estate, as defined in this Act, who shall sell or offer for sale in this State any such real estate, or interest therein, without having first secured a license so to do from the Secretary of State in accordance with the provisions of this Act, except as otherwise expressly exempted herein, shall be guilty of a felony, and on conviction therefor shall be punished by imprisonment in the State Penitentiary for not less than two years nor more than five years. Selling without license, a felony; punishment. Section 9. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. SENTENCE SUSPENSION; PROBATION. No. 313. An Act to provide that the suspension of the execution of sentence by the trial judge, when a defendant in a criminal case is found guilty or enters a plea of guilty, shall have the effect of probating such defendant as provided in section 1081 (a)-(d) of Park's Code of Georgia; and to provide that all parties under sentence, the execution of which has been suspended, be deemed probated offenders; and to provide that nothing contained in Sections one and two of this Act shall apply to cases arising under any action for abandonment or bastardy. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that in all criminal cases tried in this State, in which the defendant or defendants are found guilty or in

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which a plea of guilty is entered, and the trial judge after imposing sentence further provided that the execution of such sentence shall be suspended, it shall have the effect of probating such defendant or defendants as provided in sections 1081 (a)-(d) Park's Code of Georgia. Ga.L.1913, p.112, amended. Suspension of sentence, probation by. Section 2. Be it further enacted by the authority aforesaid, that all persons who have heretofore been found guilty or who have entered a plea of guilty to any offense in this State, and on whom sentence has been passed but the execution of such sentence suspended by order of the trial court, shall be deemed probated offenders for the term of their respective sentences from the date of the passage of this Act. Provided, however, that nothing herein contained in Sections one and two of this Act shall apply to cases arising under any action for abandonment or bastardy. Act applies to previous suspensions. Not applied to abandonment or bastardy. Section 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 March 24, 1933. SLOT-MACHINES; FRAUD PENALIZED. No. 205. An Act to prevent the fraudulent operation of slot-machines and coin receptacles, and to provide penalties for the violation thereof. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act any person who shall operate, or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated, any automatic vending-machine, slot-machine, coin-box telephone, or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or

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enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated, or foreign coin, or by any means, method, trick, or device whatsoever not lawfully authorized by the owner, lessee, or licensee of such machine, coin-box telephone, or receptacle, or who shall take, obtain, or receive from or in connection with any automatic vending-machine, slot-machine, coin-box telephone, or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or service, or of any musical instrument, phonograph or other property, without depositing in and surrendering to such machine, coin-box telephone, or receptacle lawful coin of the United States of America to the amount required therefor by the owner, lessee, or licensee of such machine, coin-box telephone, or receptacle, shall be fined as for a misdemeanor. Operation of slot-machine without deposit of lawful coin, misdemeanor. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that any person who, with intent to cheat or defraud the owner, lessee, licensee, or other person entitled to the contents of any vending machine, coin-box telephone, or other receptacle designed to receive or be operated by lawful coin of the United States of America, in furtherance of or connection with the sale, use, or enjoyment of property or service or the use or enjoyment of any telephone, telegraph, or other facilities or service, or whoever, knowingly or having cause to believe that the same is intended for fraudulent or unlawful use on the part of the purchaser, donee, or user thereof, shall manufacture for sale, sell, or give away any token, slug, false or counterfeited coin, or any device or substance whatsoever intended or calculated to be placed, deposited, or used in any such vending-machine, coin-box telephone, or other receptacle, shall be guilty of a misdemeanor,

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and upon conviction thereof shall be punished as for a misdemeanor. Fraud in operation of machine. Section 3. Be it further enacted that, by authority aforesaid, all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. TAX-ASSESSOR IN LIEU OF BOARD. No. 175. An Act to provide that in all counties of this State having a population of not less than 75,000 and not more than 100,000, by the last or any future census of the United States, the functions heretofore exercised by the county board of tax-equalizers shall be exercised by a permanent tax-assessor where the county board of commissioners, or other fiscal agent of such counties, name a permanent tax assessor; to provide when tax returns shall be made in such counties; to provide for the time within which such permanent tax assessor shall raise or lower the returns of the several taxpayers which he considers necessary to equalize taxes in such counties; to provide for giving notice to taxpayers of assessments or changes in their returns; to establish a board of tax appeals in such counties in lieu of arbitration, and to prescribe its duties and powers, the term of office and compensation; to provide for the method of appeal from the action of the permanent tax assessors and/or other officer in the counties whose duty it is to receive tax returns or assess property for taxation; to provide for securing corrected returns where property has not been returned for taxation or clearly undervalued where returned; 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, in all counties of this State having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States, the functions heretofore exercised by the county board of tax-equalizers shall be exercised by a permanent tax-assessor where the county board of commissioners, or other fiscal agent of such counties, name a permanent tax-assessor. Tax-assessor in counties of 75000 to 100000 population. Section 2. Be it further enacted by the authority aforesaid, that all tax returns in such counties shall be made to the tax-receiver, or other officer authorized to receive the same, between January 1st and March 15th of each year. As soon as a tax return is received by the tax-receiver of such counties, it shall be for consideration by said permanent tax-assessor; and thereupon it shall be the duty of such tax-assessor to enter on each return his approval or disapproval thereof by the 1st day of May of the year in which such return is made. If he disapprove a return, he shall, at the same time, assess, from the best information obtainable, the value of the property of the taxpayer making such return, and give immediate written notice thereof to such taxpayer personally or by mail addressed to him at the address shown on his return, or, if none, at his last known address. Any taxpayer may, within ten days from the giving of such notice, appeal from such assessment against him to the board of tax appeals hereby created, the county may appeal to them from any such assessment, or from the approval of any return, any time before the 15th day of May of the year in which such assessment or approval is made. Any appeal hereby provided for may be perfected by filing with said board of tax appeals a writing, however informal, indicating a desire that they reconsider such return, assessment, or approval; and in case of an appeal by a county, written notice thereof shall be given, within ten days, to the

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taxpayer to be affected thereby, personally or by mail addressed to him at the address shown on his return, or, if none, at his last known address. Tax-returns, time for. Disapproved returns; notice; appeal. Section 3. Be it further enacted by the authority aforesaid, that there is hereby created a board of tax appeals which is hereby given authority and power to finally determine and assess the taxable value of property coming before such board on appeal from returns and/or assessments from the county taxing authorities and from the taxing authorities of any municipality in such counties, which said board of tax appeals shall consist of three members to be elected by the first grand jury of the counties within the operation of this act, convened or reconvened by order of the court after this Act goes into effect, and the members of said board shall take office immediately after their election. Each shall be at least twenty-five years of age, a resident of the county, and the owner of a freehold estate in land located therein. One of such members shall be elected for two years, one for four years, and one for six years. Their respective successors shall be elected by such grand jury convening last before their respective terms expire, and shall hold office for six years. Any vacancy in such office shall be filled for the unexpired term by such grand jury in session next after such vacancy occurs. If any grand jury whose duty it shall be to elect a member of said board shall fail to do so, the grand jury of said county next convening shall elect one who shall hold office until the date the one who should have been elected by such grand jury so failing would have held office. The grand jury of such county last convening in each year shall fix the compensation of the members of the board of tax appeals for the next year, not to exceed ten ($10.00) dollars a day each while actually in session, and fix the amount necessary to cover its expenses, which shall be paid by the county or by the county and municipality, if any, share and share alike. Said board of tax appeals shall have full and complete power and authority

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to hear and finally determine such appeals and finally assess the value of the property in question for tax purposes. It shall have power to require the attendance of witnesses and the production of books and papers; and any person refusing to attend or testify or to produce books or papers when required by them shall be punished as for contempt by the superior court of such county. It shall have power to make reasonable rules and regulations concerning the time of hearing such appeals, and the method of procedure before it. The mayor and council of any municipality affected hereby may prescribe the time when said board shall convene and the time when appeals to said board from city tax assessments and returns shall be finally determined. If an appeal of a taxpayer from an assessment by the municipal taxing authorities is not determined by said board of tax appeals within the time prescribed as aforesaid, the return of such taxpayer shall stand; and if an appeal of the municipality is not determined by such date, the approval or assessment appealed from shall stand. Said board shall be in session for determining appeals from returns and assessments for state and county taxes for such period in each year prescribed by the county board of commissioners, or other fiscal agent of such counties, but in no event longer tha from April 1st to July 1st of each year. If an appeal of a taxpayer is not determined by the 1st day of July of the year in which it is made, the return of such taxpayer shall stand; and if an appeal of the county is not determined by such date, the approval or assessment appealed from shall stand. Board of tax appeals. Election by grand jury. Qualifications. Terms of office; vacancies. Pay. Powers. Meetings. Failure to act, effect of. Section 4. Be it further enacted by the authority aforesaid, that the right of appeal herein provided shall be expressly in lieu of the right of arbitration heretofore existing in the counties affected hereby, and of appeal to the mayor and council of any city affected hereby. Right of appeal is in lieu of right of arbitration, etc. Section 5. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall

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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 11, Section 3, Paragraph 1. Act not invalidated by invalidity of part. Section 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 March 10, 1933. TAX-COLLECTORS AS SHERIFFS. No. 95. An Act to amend an Act of the General Assembly of Georgia, approved August 1st, 1929 (Georgia Laws 1929, pages 327 to 329 inclusive), entitled An Act to vest in the tax-collectors of such counties of the State of Georgia as have a population of not more than 10,600 and not less than 10,590, as determined by the census of the United States of 1920, all 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, so as to authorize such tax-collectors to transfer such tax fi. fas. to parties taking up and paying same, and to authorize a fee, not to exceed one dollar, to be charged for such transfer; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this Act, the Act of 1929 (Georgia Laws 1929, p. 327 to 329, inclusive), vesting in the tax-collectors of certain counties all of the powers of sheriffs in their respective counties, relative to the levy and collection of all tax fi. fas. issued by such collectors, and to execute valid conveyances made by them under tax

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sales, be and the same is hereby amended by adding after the words at public sales at the end of the twenty-second line of Section 1 of said Act the following words: and shall have authority to execute any and all necessary transfers to persons paying or taking up said taxes, so as to vest in the transferee the same rights as if said fi. fas. had been transferred by the sheriff of said county; and he shall have the right to charge a fee of not exceeding one dollar for such transfer when so made in connection with the settlement of such fi. fas. as are thus transferred by him upon payment, so that said Section 1 when so amended shall read as follows: Ga.L.1919, p. 327; Sec. 1 amended. Transfer of tax fi. fas. in county of 10590 to 10600 population. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that all tax-collectors of such counties of the State of Georgia as have a population of not less than 10,590 nor more than 10,600, 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 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 execute any and all necessary transfers to persons paying or taking up said taxes, so as to vest in the transferee the same

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rights as if said fi. fas. had been transferred by the sheriff of said county; and he shall have the right to charge a fee of not exceeding one dollar for such transfer when so made in connection with the settlement of such fi. fas. as are thus transferred by him upon payment, 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 shall pass title and be as valid in all respects as if made by the sheriffs of the respective counties. Section as amended. Section 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 March 2, 1933. TAX-COLLECTORS AS SHERIFFS. No. 123. An Act to vest in the tax-collectors of such counties of the State of Georgia as have a population of not less than 26,550 and not more than 26,750, as determined by the census of the United States of 1930 or by any future United States census, all 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; to provide for their compensation as such; and for 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 all tax-collectors of such counties of the State of

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Georgia as have a population of not less than 26,550 and not more than 26,750, according to the census of the United States for the year 1930, or as shown and determined by any future census of the United States, 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, advertisement, 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 them 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 power 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 the 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-collector in county of 26550 to 26750 population. Powers as ex-officio sheriff. Section 2. Be it further enacted by the authority aforesaid, that in the levy of said fi. fas., and in the making of 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 such sales, required to be inserted in a newspaper, shall be published in the newspaper in which

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the sheriff's advertisements for said county are published, and shall be published for the same period of time. Section 3. Be it further enacted by the authority aforesaid, that said tax-collectors shall have power to appoint one or more deputies under the provisions of this Act, and all deputies thus appointed shall be vested with all 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 said tax-collectors. Deputies. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 2, 1933. TAX-COLLECTORS AS SHERIFFS. No. 187. An Act to vest in the tax-collectors of the State of Georgia, in all the counties thereof having a population, according to the census of the United States of the year 1930, of not less than twenty-one thousand six hundred nine (21,609), and not more than twenty-one thousand six hundred ten (21,610) all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax-collector, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute conveyance of such 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 all tax-collectors of the State of Georgia, in all of the counties thereof having a population of not less than twenty-one

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thousand six hundred nine (21,609) nor more than twenty-one thousand six hundred ten (21,610) according to the census of the United States of America of 1930, shall be ex-officio sheriffs of such counties, or their respective counties, in so far only as to authorize such tax-collectors in their respective counties to levy and collect all of the tax fi. fas. issued by said tax-collectors, by levy and sale under said fi. fas.; and that said tax-collectors be vested with full power and authority to levy any and all tax fi. fas. issued by them, whether prior to the passage of this Act or subsequently thereof, as fully and effectively as if done by the sheriffs of said counties; and shall have powers of sheriffs to bring all property subject to said fi. fas. to sale and to sell the same as fully and effectively as if done by the sheriffs of said counties; and shall have full power and authority not only to seize and levy upon all property subject to said fi. fas., but shall have all the powers now vested in sheriffs for the advertisement of the same for sale, for the sale of the same, and for the making and delivery of all due and proper conveyances and bills of sale; and all the acts of said tax-collectors as ex-officio sheriffs shall be as valid and binding as if done by the sheriffs of said counties. Tax-collector in county of 21609 to 21610 population. Powers as ex-officio sheriff. Section 2. Said tax-collectors and ex-officio sheriffs shall have no power or authority with respect to any fi. fas., except such as may be issued by said tax-collectors, or their predecesors in office, for the enforcement of the collection of taxes; but as regarding the collection of taxes, the said tax-collectors shall have power to do and perform all acts and things as fully and effectively as if done by the sheriffs of said counties; but that all acts done and performed by the tax-collectors of said counties by virtue of this act shall be done in conformity with the law now in force governing the performance of the same by the sheriffs of said counties; and all advertisements of the property to be sold by said tax-collectors which are required by law to be published in

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a newspaper shall be made in the newspaper in which the sheriffs' advertisements for said counties are published. Section 3. The said tax-colletors, in the carrying out of the provisions of this act, shall have power and authority to appoint one or more deputies which shall have all the powers of said tax-collectors as ex-officio sheriff in the levy and collection of taxes only, and said deputies are required to give such bond as may be required by said tax-collectors; but said deputy or deputies shall have no power or authority except with respect to the collection of taxes, and shall hold the office of deputy at the will of the tax-collector. The tax-collector shall be responsible for the acts of the deputy as sheriffs are now liable for the acts of their deputies. Deputies. Section 4. The compensation to be paid tax-collectors in said counties for services by them as ex-officio sheriffs shall be the same as that fixed by law for the compensation of sheriffs in said counties, and the same shall be paid in the same manner. The tax-collectors shall pay the services of any and all deputies appointed by them under such terms as may be fixed by said tax-collector. Pay. Section 5. Be it enacted that all laws and parts of laws in conflict herewith be and the same are repealed. Approved March 17, 1933. TAX LIENS; PAYMENT PRO RATA. No. 344. An Act to repeal an Act providing for the manner in which tax fi. fas. shall be issued by the collector of ad valorem taxes in those counties in the State of Georgia in which are located a city or a part of a city having a population of more than (200,000) two hundred thousand, approved August 27th, 1931; and providing in lieu thereof that all collectors of ad valorem taxes due the State,

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county, city, or other political divisions in those counties in the State of Georgia in which is located a city or a part of a city having a population of more than two hundred thousand people, shall issue one fi. fa. against the defendant or parties subject to pay ad valorem taxes; but that the defendant in said fi. fa. or the holders of any loan deed or any other person who has the right to pay the taxes due thereon, may pay the taxes due on any one piece of property; and, when the tax is so paid, that particular piece of property shall be withdrawn from the lien of the fi. fa. for the taxes for which it was issued. Except, there shall be added to said payment the proportionate part of taxes due by the defendant in fi. fa. on personal property, and the proportionate part of costs which have accrued thereon; and for other purposes: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That an Act providing for the manner in which tax fi. fas. shall be issued by the collectors of advalorem taxes in those counties of the State of Georgia in which is located a city or a part of a city having a population of more than two hundred thousand, approved August 27th, 1931, be, and the same is hereby repealed, and in lieu thereof it is hereby enacted as follows: Ga. L. 1931, p.257; Act repealed. Section 2. That all collectors of ad valorem taxes due the State or counties or cities or other political divisions in those counties in the State of Georgia in which is located a city or any part of a city having a population of more than two hundred thousand people, as shown by the last United States Census, shall isue one fi. fa. against the party liable for the payment of taxes, and this shall cover taxes due on real estate and personalty; provided, that the defendant in such fi. fa., or the holder of a loan deed on any property covered by said fi. fa., or any other person entitled to pay any of the taxes due under said fi. fa., shall be and

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are hereby given the privilege of paying to the collector in charge of said fi. fas., whether sheriff or marshal, or otherwise, where the lien of the fi. fa. covers several tracts or parcels of land, a proportionate part of the total tax allocated to or due by the particular tract or parcel of land; and when same has been paid, together with the proportionate part of the taxes due on the personalty covered by said fi. fa., together with the proportionate part of the costs accrued on said fi. fa. up to the time of the settlement, then that the collector of said taxes, whether sheriff, marshal, or other collecting officers, shall enter on the fi. fa. the description of the particular lot or tract of land on which payment is made, with a statement of the payment and amount, entering same settled or paid as to the particular tract or lot so described. Substitute. Apportionment of taxes on separate parcels, payment and discharge of lien on single parcel, in county with city of more than 200000 population. Section 3. The purpose of this enactment is to provide that in all executions for taxes the defendant or holder of loan deeds or mortgages, or other parties interested in or entitled to pay the taxes, shall be permitted and authorized to withdraw from the lien of said fi. fa. any particular tract or parcel of land by paying the proportionate part of the general tax due by said particular tract or parcel, together with the proportionate part of the tax assessed against defendant on account of personal property, and together with a proportionate part of the cost thereof up to the date of settlement. When this is paid, the particular tract or lot shall be withdrawn from the lien of the fi. fa. and said lien cancelled as to said parcel of land. Purpose of Act. It shall be the duty of the collectors of ad valorem taxes, whether sheriff, marshal, or otherwise, to receive the payment herein provided for, and to make the credit herein required, and, if requested, to give receipts with the entries made on the fi. fa. Credits. Section 4. The provisions of this Act to apply only to executions covering two or more parcels of real estate, and do not apply to returns made by corporations under existing

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laws to the Comptroller-General. When such tax fi. fa. is held by a transferee, the same right to redeem shall exist in favor of the owner or other person at interest, and under the same provisions as to a release, as provided in this Act in all other instances. Returns to which Act does not apply. Transferee's rights. Section 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. TURPENTINE GUM AN AGRICULTURAL PRODUCT. No. 259. An Act to define gum turpentine and the products as processed therefrom by the original producer as agricultural commodities and agricultural farm products. 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, except wherein such statute or law expressly otherwise provides, the term agricultural commodities and agricultural products and farm products shall include and embrace crude gum (oleoresin) from a living tree or trees, and the following products as processed by the original producer of the crude gum (oleoresin) from which derived, to wit: spirits of turpentine, as defined in Code of Georgia, 1926, section 1823(2), and Acts 1925, page 318, and Naval Stores Acts 1923. Definition of agricultural and farm products; gum turpentine and products included. Be it further enacted, that all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved March 23, 1933.

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WHEAT-FLOUR SALE REGULATED. No. 359. An Act to regulate the sale of white-wheat flour; to prohibit the sale of such flour containing more than one half of one per centum ash, unless marked Low Quality Flour; to provide for the enforcement of this Act; to provide penalties for violations of this Act; to provide the effective date of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that any manufacturer or distributor who shall sell, offer, or expose for sale any white wheat flour, as defined by the United States Department of Agriculture, containing more than one half of one per centum ash, exclusive of added chemical ingredients, shall print on the face of the package in plain black letters not less than one inch in height, the following: Low Quality Flour. Provided, however, that nothing in this section shall apply to graham flour or whole-wheat flour. White wheat-flour; when to be branded Low quality flour. Proviso. Section 2. Be it further enacted, that it shall be the duty of the Commissioner of Agriculture to enforce the provisions of this Act under the provisions of law now relating to foods, drugs, and liquors as embodied in section 2092 et seq. of the Civil Code of 1910. Enforcement of Act by Commissioner of Agriculture. Section 3. Be it further enacted, that any manufacturer or distributor who shall sell or offer or expose for sale any such white-wheat flour containing more than one half of one per centum of ash, without marking the same as required by this Act, shall be guilty of misbranding such flour, and shall, on conviction, be punished as provided by section 2101 of the Civil Code of 1910 and section 451 of the Penal Code of 1910. Selling with out brand; punishment. Section 4. Be it further enacted, that this Act shall take effect on the first day of July, 1933, and it shall be the duty of the Commissioner of Agriculture to inform manufacturers

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and distributors of flour of the provisions thereof before said effective date; provided, however, that a failure on the part of said Commissioner to so inform any such manufacturer or distributor shall not render the provisions of this Act inoperative as to any such manufacturer or distributor. Act effective July 1, 1933. Notice to manufacturers and distributors. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933.

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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 Amendments. Augusta Municipal-Court Amendments. Bainbridge City-Court Amendments. Blackshear City-Court Salaries Blakely City Court Judge's Salary. Cairo City-Court Act Amended. Camilla City-Court Amendments. Charlton County Court Referendum. County Criminal-Court Act Amended. Darien City-Court Amendments. Decatur City Court Amendments. Douglas City-Court Judge's Salary. Greenville City Court Abolished. Hall City-Court Salaries; Referendum. Irwinton City Court Abolished. Jesup City Court, Election to Abolish. Lexington City Court, Election to Abolish. Macon City Court Salaries. Macon Municipal Court Salaries. Metter City-Court Fees. Oconee County Court Abolished. Richmond City Court Judge's Salary. Sandersville City-Court Judge's Salary. Savannah City-Court Amendments. Savannah Municipal-Court Amendments. Sparta City Court Abolished. Swainsboro City Court Salaries, etc. Sylvania City-Court Amendments. Sylvester City-Court Amendments. Thomson City-Court Abolished. Washington City Court, Election to Abolish. Washington City Court Abolished. Wilkinson County Court Established. ALBANY CITY-COURT AMENDMENTS. No. 27. An Act to amend an Act approved the 16th day of December, 1897 (Acts 1897, p. 408), to establish the City Court of Albany, and all Acts amendatory thereof by

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providing that all cases, civil and criminal, tried in said court, shall be tried by the judge of said court alone, unless a written demand for a trial by a jury be made by a party to the case; and providing further that all provisions for salaries of various officers of said court named in said Acts be stricken, and that in lieu thereof all salaries of said officers shall be fixed each year by the Commissioners of Roads and Revenues of said county, or other authority having charge of the fiscal affairs of said county; provided, that said provision as to salaries shall not become effective during the terms of office for which the present officers of said Court were elected; and to provide that this Act shall not become operative until ratified by a majority of the qualified voters of Dougherty County, Georgia, voting at an election to held for that purpose as herein provided; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the Legislature of Georgia, approved the 16th day of December, 1897 (Acts of 1897, p. 408 et seq.), to establish the City Court of Albany, and all Acts amendatory thereof, be and the same are hereby amended by the adoption and enactment of the following provisions which shall hereafter be of force, regardless of any provisions to the contrary now in said original Act, or in the amendments thereto: Ga. L. 1897, p. 408; amended. A. All cases, civil and criminal, tried in said court, shall be tried by the judge of said court alone, unless a written demand for a trial by a jury be made by a party to the case, which demand, signed by said party or his attorney, shall be filed with the clerk of said court prior to the call of said case for final trial on its merits. Trial by judge without jury. B. All provisions in said original Act, or amendments thereto, for the payment of salaries of the various officers

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of said court named in said Acts, are hereby stricken and repealed, and in lieu thereof all salaries of said officers shall be fixed each year by the Commissioners of Roads and Revenues of said county, or other authority having charge of the fiscal affairs of said county,the fixing of said salaries for each year to be accomplished at the first regular meeting in each year of said Commissioners of Roads and Revenues of said County, or other authority having charge of the fiscal affairs of said County, or as soon thereafter as possible; and said salaries thus fixed shall not be increased or diminished during that year; provided, that this provision as to salaries shall not become effective during the terms of office for which the present officers of said court were elected. Salaries, how fixed. Section 2. Be it further enacted by the authority aforesaid, that this Act shall not become operative until the same has been approved by the qualified voters of Dougherty County, Georgia, voting at an election to be called by the Ordinary of Dougherty County, Georgia, to be held as soon after the passage of this Act and the approval thereof by the Governor as said election can be had with due compliance with the provision hereinafter contained as to giving notice of said election. Notice of said election shall be published in the newspaper in which are published the sheriff's advertisements of said county, once a week for two weeks prior to said election. Said election shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly in said county. All persons voting at said election shall have written or printed on their ballots the words For the Adoption of the City-Court Amendment, or the words Against the Adoption of the City-Court Amendment; and should a majority of the votes cast at said election on said question have on them the words For the Adoption of the City-Court Amendment, then all of this Act, except the said provision with reference to the salaries of said officers,

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shall become of full force and effect on the thirtieth day after the result of said election has been declared; otherwise this Act shall be null and void; provided, that if said Act is adopted, said provision as to the salaries of the officers of said city court shall become effective, as to each officer thereof, immediately after the expiration of the term for which such present officer has been elected; and if one or more of said terms of said officers expire at a time other than January 1st, then the fixing of the salary of the successor of that officer shall be accomplished by the Commissioners of Roads and Revenues of said county, or other authority having charge of the fiscal affairs of said county, at their first regular meeting occurring after said successor of said office has qualified, the salary of that successor to remain the same for the remainder of said year. Referendum. Section 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 February 15, 1933. ATLANTA MUNICIPAL COURT AMENDMENTS. No. 173. An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to paragraph 1 of section 7 of article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in certain cities, and the establishment in lieu thereof such courts or system of courts as the General Assembly may deem necessary, etc., which said Act was approved August 13th, 1913, and appears in the Acts of 1913, page 145 et sequentia, and to amend all Acts amendatory thereto, especially including an Act

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amendatory thereto approved July 31st, 1925, which appears in the Acts of 1925, page 370 et sequentia. The sections of said Act herein amnded are Sections 36, 37, and 42 of the said Act of 1913 as amended by said Act of 1925, and as thereafter amended; also this Act to strike and repeal Section 2 of said Act appearing on page 370 et sequentia of the Acts of 1925; also this Act to provide for three new sections to said Act of 1913 appearing in the Acts of 1913 on page 145 et sequentia, to be known as Sections 42-A, 42-B, and 42-C, so as to regulate the manner and method of appeal from and reviews of the judgments, orders, and rulings of said court, that is, the Municipal Court of Atlanta, Fulton Section, and the Appellate Division of said court; to abolish writs of certiorari from the Superior Court, to said court and the Appellate Division thereof; to provide for the correction of errors of the trial judges of said court; to provide for appeals from the judgments, orders, and rulings of the trial judges of said court to the Appellate Division thereof in all cases where the amount involved, exclusive of interest, attorneys' fees and costs, is less than three hundred dollars; to provide for the review of the judgments, orders, and rulings of the Appellate Division of said court by bills of exception to the Court of Appeals and the Supreme Court; to provide for the review of the judgments, orders, and rulings of the trial judges of said court by bills of exceptions to the Court of Appeals and the Supreme Court in all cases where the amount involved, exclusive of interest, attorneys' fees, and costs, is three hundred dollars or more; to provide for pleadings, practice, and procedure in said court; to provide for supersedeas bonds therein; to define the term amount involved, exclusive of interest, attorneys' fees, and costs, as applied to cases in said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

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the same, that from and after the passage of this act, the act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to the Constitution of the State of Georgia, ratified October 2, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in certain cities, and the establishment in lieu thereof such courts or system of courts as the General Assembly may deem necessary, etc., which said Act was approved August 13th, 1913, and appears in the Acts of 1913, page 145 et sequentia, and all Acts amendatory thereto, and as amended by the Act approved July 31, 1925, appearing in the Acts of 1925, page 370, and as amended by Act approved August 18, 1927, appearing in the Acts of 1927, page 389, et sequentia, be and the same is hereby amended by striking Section 42 of the said Act approved August 13th, 1913, as amended, and inserting in lieu thereof a new section to be known as Section 42, to read as follows: Acts amended. Section 42. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that new trials may be granted in said court upon the same grounds upon which new trials may be granted in the Superior Courts of this State, and according to the same method of procedure, except as it may hereinafter be provided. New trials. (a) In all cases tried in said court by a judge without a jury the judgment of the court shall be rendered and publicly announced in open court; and if the judgment shall not be rendered at the conclusion of the trial, the judge shall cause the parties to the case, or their counsel, to be notified of the time when the judgment will be rendered. Upon the rendition of the verdict of a jury in said court or upon the announcement of judgment in a case tried without a jury, any party to said cause or his counsel may make an oral motion for a new trial in said court, where the amount involved, exclusive of interest, attorneys' fees, and costs, is less than three hundred dollars; and unless an oral

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motion for a new trial shall be made upon the rendition of judgment or the finding of a verdict, the parties shall be held to have waived their right to move for a new trial, except upon the grounds upon which extraordinary motions for a new trial may be made. Upon the making of such motion, the court may hear the parties or their counsel, instanter or at such time as the court, in its discretion may set for a hearing of said motion, and no brief of the evidence shall be necessary. Announcement of judgment, notice as to time of. Oral motion for new trial, where less than $300 involved. Waiver of right to move for new trial. No brief of evidence required. (b) Should the judge decline to grant said oral or written ten motion for new trial, as the case may be, he shall pass an order to that effect. All rulings of the trial court which under the practice in the Superior Court would be the subject-matter of final bill of exceptions, cross-bill 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 judge within fifteen days from the date of the ruling complained of and ordered filed and transmitted to the Appellate Division of said court or to the Court of Appeals or the Supreme Court, as the case may be, as hereinafter provided for in case of appeals to said Appellate Division or bills of exceptions to the Court of Appeals or Supreme Court. Order declining to grant new trial. Exceptions, 15 days from ruling. (c) In all cases wherein the amount involved, exclusive of interest, attorneys' fees, and cost, is less than three hundred dollars, an appeal shall lie from the order overruling or refusing the motion for new trial or the final order or judgment of the trial judge, as the case may be, to the Appellate Division of said court; provided, however, that no appeal shall lie to the Appellate Division upon the first grant of a new trial by the trial judge. Appeal to Appellate Division. (d) Should the movant desire to enter an appeal to the Appellate Division of said court from the order denying a new trial, or from a final order or judgment of the trial judge, he shall, within fifteen days from such order, file a written statement of the grounds of his motion, and the

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errors of which he complains, together with a written brief of so much of the evidence adduced on the trial of the case as may be necessary to a clear understanding of the errors complained of, the brief of evidence and the grounds of said motion to be certified as true by the trial judge before the same shall be filed, unless further time is granted by the trial judge for the perfection and approval of the brief of evidence, in which case the trial judge shall order the brief filed, subject to correction and approval at such time as he shall fix. Statement of grounds, exceptions, brief of evidence. Certificate of trial judge. (e) When the appeal is certified, the clerk shall forthwith enter said case upon docket of the Appellate Division of said court, and the case shall thereupon be ripe for a hearing by said Appellate Division. Docketing appeal. (f) Upon hearing before the Appellate Division the presiding judge shall pass an order sustaining or overruling said appeal; and, if the judges disagree as to such order, the judgment of the majority shall control and constitute the judgment of said Appellate Division. Judgment on appeal. (g) All judgments, orders, and rulings of the Appellate Division of said court shall be subject to review by bill of exceptions to the Court of Appeals or the Supreme Court, as the case may be, in the same manner judgments of the judges of the Superior Court are now reviewed. It shall be the duty of the chief judge of said court to designate one of the three judges sitting in said Appellate Division to act as presiding judge, whose official title shall be that of `Presiding Judge in the Appellate Division' of said court, and whose duty it shall be to certify to all bills of exceptions and to grant supersedeas in the manner the same are certified to and granted by judges of the Superior Courts. In the absence or disqualification of the presiding judge, either of the associate judges of said Appellate Division may perform the duties herein imposed on the presiding judge. Review by Court of Appeals. Certificate by Presiding Judge of Appellate Division. (h) In all cases wherein the amount involved, exclusive of interest, attorneys' fees, and costs, is three hundred dollars

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or more, the order overruling or refusing the motion for new trial or the final order or judgement of the trial court, as the case may be, shall be sbject to review by bill of exceptions to the Court of Appeals or the Supreme Court, in the same manner judgments and orders of the superior courts are now reviewed, and in such cases the trial judge shall have the same powers and duties respecting supersedeas as the judges of the superior courts now have. Review in cases involving $300 or more. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, pursuant to the constitutional amendment which appears in the Acts of 1927, page 117 to 120 inclusive, and which amendment was ratified on November 6th, 1928, the Act entitled An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to paragraph 1 of section 7 of article 6 of the Constitution of the State of Georgia, etc., approved July 31, 1925, and which appears in the Acts of 1925, page 370 et sequentia, be and the same is hereby amended by striking Section 2 thereof (which appears on page 386 of the Acts of 1925). Be it further enacted that two new sections to be known as Sections 42-A and 42-B be added to said Act of 1913, appearing in the Acts of 1913 on page 145 et sequentia, said two sections to read as follows: Section 42-A. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that no writ of certiorari shall lie to any judgment, order, or ruling of a trial judge of the Municipal Court of Atlanta, Fulton Section, or the Appellate Division of said court, but all such judgments, orders and rulings shall be reviewed and corrected only in the manners and methods in this Act provided. Certiorari not lie to judgment of trial judge in Fulton Section, or of Appellate Division. Section 42-B. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that should the provisions of Section 42-A, of abolishing the writ of certiorari to the judgments, orders, and rulings

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of said court, be held unconstitutional for any reason, it shall not affect the provisions of the other sections of this Act; and in such an event, the provisions in this Act providing for the review of the judgments, orders, and rulings of the trial judges and the Appellate Division of said court by bills of exceptions to the Court of Appeals or the Supreme Court shall be cumulative and in addition to the right of certiorari. Invalidity of preceeding section not affect other provisions. Section 3. Be it further enacted that a new section, to be known as Section 42-C be added to said Act of 1913 appearing in the Acts of 1913, page 145 et sequentia, said section to read as follows: Section 42-C. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that wherever in this Act the term `amount involved, exclusive of interest, attorneys' fees, and costs,' is used, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of the lien sought to be enforced by the plaintiff, or the principal amount sued for, or the alleged value of the property sued for or claimed, or the alleged amount of the lien sought to be enforced by the defendant by set-off or counter-claim, in the event the amount of such set-off or counter-claim exceeds the amount sued for, or the alleged value of the property sued for or claimed, or the alleged amount of the lien sought to be enforced by plaintiff. Meaning of amount involved. Section 4. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 36 of said Act of 1913 as amended by the said Act of 1925, pages 377, 378, 379, Acts of 1925, be and the same is amended by striking from Section 36 and in line ten thereof the following words: does not exceed the amount of $500.00, and inserting in lieu thereof the following words: is less than $300.00; and Section 36 of the said Act of 1913 as amended by said Act of 1925, pages 377, 378, 379, Acts of 1925, is further amended by

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striking therefrom, beginning in line 13, the following provisions, provided, however, that in all actions in said court where the amount involved, the vlue of the property sued for or claimed, or the amount of the lien sought to be enforced shall exceed the sum of five hundred dollars principal, the pleadings in such cases shall be in conformity with the rules of pleading now in force or may hereafter be put in force in the Superior Courts of the State of Georgia, except as in this Act excepted. $300 substituted for $500 in Sec. 36. Ga. L. 1925, p. 377. Section 5. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 37 of the said Act of 1913 as amended by said Act of 1925, pages 379, 380, and 381, Acts of 1925, be and the same is hereby amended by striking Section 37, and in lieu thereof a new section is substituted to be known as Section 37, as follows: Where the amount sued for, or the value of the property sued for or claimed, or the amount of the lien sought to be enforced either by the plaintiff or the defendant is three hundred dollars or more, exclusive of interest, attorneys' fees and costs, the pleadings in such cases shall be in conformity with the rules of pleadings now in force or may hereafter be put in force in the Superior Courts of the State of Georgia. Pleadings in case involving $300 or more. (a) Where the amount sued for or the value of the property claimed or the amount of the lien sought to be enforced is less than three hundred dollars exclusive of interest, attorneys' fees, and costs, the suit or action shall be filed and proceed as in justice courts and under the practice thereof existing under the laws relating thereto, except as herein provided and as may be provided by rules of said Municipal Court of Atlanta. Practice in cases involving less than $300. (b) Where the amount involved is less than three hundred dollars, exclusive of interest, attorneys' fees, and costs, the trial judge shall at any time, in the furtherance of

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justice, upon such terms as may be just, permit any claim, suit, process, proceeding, pleading, or record to be amended, in form or in substance, or material supplemented matter to be set forth in an amended or supplemental oral claim or pleading. The judge at every stage of the proceedings must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties, and amendments changing the cause of action, or presenting a new cause of action, arising out of the same transaction or subject-matter, shall be allowed, providing, however, for time to the opposite party, where in the discretion of the court it is deemed necessary to meet the new matter claimed by the amendment. Amendments; supplemental oral claim. Errors or defects disregarded when. Change of cause of action. Time to meet new matter. (c) The Municipal Court of Atlanta shall have power to make all rules with reference to practice, pleading, and procedure as are not in conflict with the general laws of this State, in a way to expedite the trial of cases and to eliminate expense. Power to make rules. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that wherever in this Act the words Municipal Court of Atlanta are used, it shall be held to mean Municipal Court of Atlanta, Fulton Section. Act restricted to Fulton Section. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, should any court of this State declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid, and shall not affect any other section, clause, or part of this Act. Invalid part of Act not affect other part. Section 8. 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 March 10, 1933.

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AUGUSTA MUNICIPAL-COURT AMENDMENTS. No. 393. An Act to re-enact, ratify, and confirm An Act to abolish justice courts and 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 Augusta; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes; approved August 28th, 1931, with certain amendments to said original Act; to ratify the election of officers under said Act; to provide for the right of the writ of certiorari in reference to cases in said court; to provide for fees or cost bills in said court; to provide for cost deposit upon the instituting of proceedings in said court, or the filing of a pauper affidavit in lieu thereof; to restrict and prohibit the powers of justice courts and their officers in reference to processes against inhabitants of the City of Augusta; to amend Section thirty-four of said original Act as to the time of its operation; to amend Section thirty-five of said original Act as to the time of its operations; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Municipal Court of the City of Augusta, created under an Act entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace and the office of constable in the City of Augusta; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide

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for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes, approved August 28th, 1931, is hereby re-enacted, ratified, and confirmed, with the amendments to said Act hereinafter set forth. The officers who have been elected and qualified under and by virtue of said Act are hereby declared duly and properly elected. Joseph E. Bryson, as Judge of said court, George Balk, as Clerk of said court, and J. B. Bowden, as Sheriff of said court, are hereby declared properly elected and installed in their respective offices, and shall continue in their respective offices under the terms of said Act hereby ratified, confirmed, and amended. G. L. 1931, p. 270, amended. Elected officers confirmed. Section 2. Be it further enacted by the authority aforesaid, that paragraph A, Section 25, of said Act, approved 28th day of August, 1931, is hereby repealed, and in lieu thereof the following is enacted, to wit: (a) In all cases in said court wherein the principal sum claimed for the value of property in controversy does not exceed twenty-five ($25.00) dollars, tried by the judge thereof without a jury, the judgement of said court shall be conclusive, and no jury trial shall be granted; provided, nevertheless, said case may be carried to the Superior Court by certiorari, as provided by the general law in reference to the writ of certiorari. Trial without jury. Certiorari. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the following clause be added at the end of paragraph (b), Section 25, to wit: provided, nevertheless, that upon the dispostion of a motion for new trial by said municipal court any party, plaintiff or defendant or claimant, therein may certiorari said case to the Superior Court of Richmond County under the general law of the writ of certiorari. Certiorari.

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Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that paragraph (c) of Section 25 is hereby stricken, and the following paragraph inserted in lieu thereof, and is hereby enacted, to wit: (c) In all cases not embraced by paragraph (a) of this section, in which the principal sum claimed or the value of the property in controversy does not exceed one hundred ($100.00) dollars, from the judgment of said court making a final disposition of said case a writ of certiorari will lie to the Superior Court of Richmond County under the general law of the writ of certiorari. Certiorari. Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that paragraph (d) of Section 25, is stricken, and in lieu thereof the following paragraph (d) is enacted, to wit: (d) From any final judgment of the said municipal court a writ of error shall lie to the Court of Appeals of Georgia, under the same rules that apply to writs of error from the Superior Courts of this State; provided, nevertheless, all bills of exceptions shall be presented to the judge of said municipal court not later than ten (10) days from the rendition of the final judgment therein, and served and filed within ten (10) days from the date of the certificate of said judge. Bills of exceptions; time of presenting; service. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that at the end of Section 28 of said Act approved on the 28th day of August, 1931, the following shall be added, to wit: Provided, nevertheless, that in the event any case in said court shall be settled before judgment where the sum involved does not exceed one hundred ($100.00) dollars, and where there has been a garnishment affidavit and bond, and service of one summons of garnishment, the total costs shall not exceed five ($5.00) dollars; provided, nevertheless, from and after the passage of this Act it shall be necessary for the plaintiff, before or at the time of instituting

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any civil proceeding in said court, to deposit with the clerk of the said court the sum of two ($2.00) dollars upon the costs that will accrue therein; provided, nevertheless, if any plaintiff who may desire to institute any action in said court is unable from poverty to make the said costs deposit, he may make an affidavit to that effect and file the same with the proceeding sought to be sued out or instituted; whereupon it shall be the duty of the officers of said court to proceed with said matter as though said deposit had been paid; so that said Section 28. when amended will read as follows: Section 28. Be it further enacted by the authority aforesaid, that in all cases or proceedings in which the principal sum does not exceed one hundred dollars, the costs and fees now provided by law for justices of the peace and/or constables of this State shall be assessed and collected by the officers of said municipal court as costs as now provided by law, and that said fees shall be paid by the clerk of said court monthly into the treasury of Richmond County, accompanied by the clerk's sworn statement thereof, and placed to the credit of said municipal court, to be used for defraying the expenses of said court; provided, nevertheless, that in the event any case in said court shall be settled before judgment, where the sum involved does not exceed one hundred dollars, and where there has been a garnishment affidavit and bond, and service of one summons of garnishment, the total costs shall not exceed five ($5.00) dollars; provided, nevertheless, from and after the passage of this Act it shall be necessary for the plaintiff, before or at the time of instituting any civil proceeding in said court, to deposit with the clerk of said court the sum of two ($2.00) dollars upon the cost that will accrue therein; provided, nevertheless, if any plaintiff who may desire to institute any action in said court is unable from his poverty to make the said costs deposit, he may make an affidavit to that effect and file the same with the proceedings sought to be sued out or instituted; whereupon it shall be the duty

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of the officers of said court to proceed with said matter as though said deposit had been paid. Costs. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that Section 29 of said Act approved on the 28th day of August, 1931, is amended by adding at the end thereof the following, to wit: Provided, nevertheless, in the case of a dispossessory warrant the costs shall be as follows: issuing, docketing, and filing, $1.50; executing and the officer's return, $1.50; that is to say, in a dispossessory-warrant proceeding, if the case is settled before a counter-affidavit is filed, three ($3.00) dollars shall be total costs therein; and provided further, that before any civil proceedings shall be instituted in said court it shall be necessary for the plaintiff to deposit with the clerk of said court three ($3.00) dollars as a costs deposit on said suit or proceeding; provided, nevertheless, if such plaintiff instituting such proceeding is because of his poverty unable to make such costs deposit, then he may make an affidavit to that effect, and, by filing the same with the clerk of said court at or before the instituting of such proceeding, dispense with such costs deposit, so that said Section 29 as amended will read as follows: Section 29. Be it further enacted by the authority aforesaid, that in all cases or proceedings in which the principal sum exceeds one hundred dollars, the provisions of section twenty-eight of this Act in reference to the collection of fees, payment into the county treasury, shall apply, with the exception that the fees collected shall be the same as those allowed by law to the clerk of Richmond Superior Court and the sheriff of Richmond County; provided, nevertheless, in the case of a dispossessory warrant the costs shall be as follows: issuing, docketing, and filing, $1.50; executing and the officer's return, $1.50; that is to say, in a dispossessory-warrant proceeding, if the case is settled before a counter-affidavit is field, three ($3.00) dollars shall be the total costs therein; and provided further, that before any civil proceeding shall be instituted in said court it shall

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be necessary for the plaintiff to deposit with the clerk of said court three ($3.00) dollars as a costs deposit on said suit or proceeding; provided, nevertheless, if such plaintiff instituting such proceeding is because of his poverty unable to make such costs deposit, then he may make an affidavit to that effect, and, by filing the same with the clerk of said court at or before the instituting of such proceeding, dispense with such costs deposits. Costs. Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that Section 31 of said Act approved on the 28th day of August, 1931, be and the same is hereby stricken, and in lieu thereof the following Section 31 is enacted, to wit: Section 31. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that on and after the passage of this Act, no officer of any justice court whose district lies in whole or in part without the limits of the City of Augusta shall have authority to issue or serve any civil quasi-criminal paper, process, or writ of any character, against any person, firm, or corporation residing in the City of Augusta, within the corporate limits of the City of Augusta, without regard to the location of the court from which said paper or process issued; nor shall any justice of the peace issue any criminal warrant for any misdemeanor or crime committed within the limits of the City of Augusta. Justice's court officers, disqualification of. Section 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that Section 33 of said Act approved the 28th day of August, 1931, is stricken therefrom, and the following Section 33 is inserted in lieu thereof, to wit: Section 33. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the justice courts, whether presided over by justice of peace or notary public ex-officio justice of peace, whose districts lie partly within and partly without the corporate limits of the City of Augusta,

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and who have heretofore exercised jurisdiction throughout the City of Augusta, as well as those justice courts whose district lies within the corporate limits of the City of Augusta, shall have no jurisdiction over any person, firm, or corporation residing in the City of Augusta, and none of said courts shall have any jurisdiction to try any civil or criminal cause therein pending against any resident of the City of Augusta, except in the case of joint liability or joint tort-feasors or actions, or in the case of principal and surety, where one of the parties is a resident of the district wherein the proceeding is instituted. All of said justice courts shall be without jurisdiciton to try any civil or criminal case pending therein, from and after the passage of this Act, against any resident of the City of Augusta, except in the case of joint makers, joint tortfeasors, or principal and surety, and only then if such court has jurisdiction over one of the parties sued who is a nonresident of the City of Augusta. Jurisdiction of justice's court. Section 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the words appearing in Section 34 of said Act approved on the 28th day of August, 1931, to wit: first day of November, 1931, be and the same is hereby stricken, and the following is inserted in lieu thereof, to wit: from and after the passage of this Act, so that when said Section 34 when amended will read as follows: Section 34. Be it further enacted by the authority aforesaid, that all cases, civil or criminal, pending and undisposed of, from and after the passage of this Act, in justice courts lying wholly within the City of Augusta shall be and they are hereby transferred to said municipal court for trial and disposition therein. All final and other processes in the hands of officers of said justice courts shall be by them returned to said municipal court, and the judge and other officers of said municipal court shall have power and authority to issue and enforce in the name of said municipal court any and all processes in any case from said justice courts necessary to the final disposition

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of the same, which from any cause have not been issued and enforced by the officers of said justice courts. All fi. fas. and final processes not satisfied in the hands of the officers of said justice courts, from and after the passage of this Act, shall be levied by the officers of said municipal court. All records, books, and papers in cases disposed of and of file in said justice courts shall be filed and deposited with the clerk of said municipal court, and all property of parties to actions in said justice courts in the legal custody of the said courts shall be delivered to the sheriff of said municipal court. It is hereby made the duty of said justices of the peace and/or constables to which this Act is applicable to comply with the provisions of this section; and any justice of the peace and/or constable who shall fail to transmit such suits, papers, and documents, or to return such final or other processes, or to deliver the books and records or property in the custody of the courts, within three days after written demand for such transmission or delivery has been made by the clerk of said municipal court or any party at interest, shall be held in contempt of said municipal court, and be punished as provided in cases of contempt in the superior courts of the State of Georgia. The officers of said justice courts in this section referred to shall be entitled to all uncollected costs which have accrued in the cases in their respective courts so transferred up to the passage of this Act, upon the collection of the same by the officers of said municipal court. Transfer of cases from justice's courts. Section 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the words appearing in Section 35 of said Act approved on the 28th day of August, 1931, to wit, first day of November, 1931, be and the same are hereby stricken, and the following are inserted in lieu thereof, to wit, from and after the passage of this Act, so that when said Section 35 when amended will read as follows: Section 35. Be it further enacted by the authority aforesaid, that the provisions of Section 34 shall apply to the justices of the peace

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and justice courts whose districts are partly within and partly without the corporate limits of the City of Augusta in all cases, civil or criminal, jurisdiction of which will devolve upon said municipal court, pending and undisposed of from and after the passage of this Act, and none other. Same. Section 12. Be it further enacted by the authority aforesaid, that if any section or portion of this Act, or the original Act approved on the 28th day of August, 1931, shall be declared invalid, the same shall not affect the other portions of said original Act or of this Act. Invalid part of Act not invalidate whole. Section 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 March 24, 1933. BAINBRIDGE CITY-COURT AMENDMENTS. No. 84. An Act to amend an Act approved November 27th, 1900, creating and establishing the City Court of Bainbridge, Georgia, in and for said County of Decatur, and for other purposes; and also to amend an Act approved August 14th, 1931, amending the Act approved November 27th, 1900, by providing salaries for the judge, clerk, and solicitor of the said City Court of Bainbridge, and for other purposes; to provide and designate a disbursing officer for the City Court of Bainbridge, and to provide that the salaries of the judge and solicitor of the city court shall be paid in equal monthly installments instead of per annum; and to provide for the payment of the costs of the sheriff of the City Court of Bainbridge as expenses of court for persons tries, convicted in criminal cases, and delivered to the legal county authorities having charge of the county chain-gang; 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 sheriff of the City Court of Bainbridge shall be and is hereby designated the disbursing officer of the City Court of Bainbridge to collect, receive, and receipt for all fines, forfeitures, costs, fees, and other monies coming into the hands of the officers of the City Court of Bainbridge, in both criminal and civil cases, and to disburse the same as the law directs. City-court sheriff, disbursing officer. Section 2. Be it further enacted by the authority aforesaid, that Section 1 of the Act approved August 14th, 1931, found in Georgia Laws of 1931 on page 286, amending the Act approved November 27th, 1900, establishing the City Court of Bainbridge, be amended so as to provide that the salary of two thousand dollars per annum to be paid to the judge of the City Court of Bainbridge shall be paid said judge in equal monthly instalments out of the treasury of Decatur County, Georgia. Judge's salary $2000. Section 3. Be it further enacted by the authority aforesaid, and it is enacted by authority of the same, that Section 2 of the Act approved August 14, 1931, found in Georgia Laws of 1931 on page 286, amending the Act approved November 27th, 1900, establishing the City Court of Bainbridge, be and the same is hereby amended so as to provide that the salary of two thousand dollars to be paid to the solicitor of the City Court of Bainbridge shall be paid said solicitor in equal monthly instalments out of the treasury of Decature County, Georgia. Solicitor's salary $2000. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the County Commissioners Roads and Revenues of Decatur County, and other officers having charge of fiscal affairs of Decature County, Georgia, upon receipt and delivery by and to them of misdemeanor convicts tried and convicted in the City Court of Bainbridge, pay in cash to

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the sheriff of the City Court of Bainbridge his legal fees and costs in such cases out of the county treasury of Decature County, as compensation for services rendered for said county by said sheriff and as expenses of court in the trial and conviction of said convicts so delivered to said county commissioners or proper officers authorized by law to receive such convicts to be disposed of by said county commissioners as the law directs. Sheriff's costs in criminal cases, payment of, from county treasury. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. BLACKSHEAR CITY-COURT SALARIES. No. 100. An Act to amend an Act entitled an Act to establish the City Court of Blackshear in and for the County of Pierce, approved August 15, 1911, and all Acts amendatory thereof, and to reduce the salary of the judge and solicitor of the said City Court of Blackshear; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Act of the General Assembly of Georgia, approved August 15, 1911, and set out in the laws of 1911, pages 210-299, inclusive, creating the City Court of Blackshear, referred to in the caption of this Act, and all Acts amendatory thereof, and particularly the Acts of the General Assembly of Georgia of 1929, set out on pages 371 and 377, inclusive, to be and the same is hereby amended as follows, to wit: Section 1 of the Acts of 1929 is hereby amended by striking from said Section 1 the following words and figures

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to wit, twenty-four hundred dollars ($2,400.00) wherever the same appears in Section 1 of said Act of 1929 on pages 372 and 373, and inserting in lieu thereof the following words and figures, eighteen hundred dollars ($1,800.00); so that when that part of said Section 1 of the Act of 1929 is amended the same shall read as follows, to wit: The solicitor of the said City Court of Blackshear shall not be entitled to receive any fees whatsoever for his services in said City Court of Blackshear, but instead of said fees he shall be paid eighteen hundred dollars ($1,800.00) per year in the form of a salary, said salary tobe paid monthly in equal installments by the treasurer or county depository of said county on the order of the Ordinary, Commissioner of Roads and Revenues, or other person in said county charged by law with the paying out of money of the county of Pierce, and it shall be the duty of such person to make provision annually for the payment of said salary by levying and collecting taxes for this purpose. Solicitor's salary $1800. Section 2. Section two of said Act of 1929 is hereby amended by striking the following words, to wit: twenty-four hundred ($2,400.00) dollars wherever the same appear in Section two of said Act of 1929, page 374, and inserting in lieu thereof the following words, to wit: eighteen hundred ($1,800.00) dollars so that Section two of said Act when amended shall read as follows, to wit: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that Section two of the original Act created in the City Court of Blackshear, approved August 15, 1911, is amended by Acts approved August 16, 1918, as amended by Acts approved August 17, 1929, be and the same is hereby amended by striking the words twenty-four hundred ($2,400.00), found in the 32nd line of said paragraph, and inserting in lieu thereof the words eighteen hundred ($1,800.00) dollars; so that said Section as a whole as amended, shall read as follows:

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Be it enacted by the authority aforesaid, that there shall be a Judge of the City of Blackshear, who shall be elected by the qualified voters of the County of Pierce, that the next general election to be held for the election of the members of the General Assembly of Georgia, in the same manner as the County officers for the County of Pierce are now elected and may hereafter be elected and in whose time of office shall be for a period of four (4) years beginning the first day of January, 1935, and until his successor is elected and qualified, and thereafter the term of office of said judge shall be for four (4) years, and he shall be elected by the qualified voters of Pierce County every four (4) years from said election herein provided under the provisions of this section at the same time and in the same manner of county officers of Pierce County are now elected or may be hereafter elected, and all persons elected under the provisions of this section shall be commissioned by the Governor as county officers are commissioned. Should there be a vacancy in the office of said judge from any cause whatsoever, the said vacancy shall be filled in the same manner as vacancy in the office of the judge of the superior court. The judge of the city court shall receive a salary of eighteen hundred ($1,800.00) dollars per annum, which shall be paid in equal monthly installments, which shall so remain until changed by law, and shall be paid monthly in equal installments by the treasurer or county depository of said county on the order of the Ordinary, Commissioner of Roads and Revenues, or other person in said county charged by law with the paying out of money in the County of Pierce, and it shall be the duty of said person to make provisions annually for the payment of said salary by levying and collecting taxes for this purpose. The judge of said court shall receive no other compensation, but may practice law in any court except his own. Judge's salary $1800. Section 3. 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 salary of the Judge of the City Court of Blackshear shall be reduced from twenty-four hundred ($2,400.00) dollars per year to eighteen hundred ($1,800.00) dollars per year; and the salary of the Solicitor of the City Court of Blackshear shall be reduced from twenty-four hundred ($2,400.00) dollars per year to eighteen hundred ($1,800.00) dollars per year, to take effect immediately upon the passage of this Act. Salaries. Section 4. 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 laws and parts of laws in conflict shall be and the same hereby repealed. Approved March 2, 1933. BLAKELY CITY COURT JUDGE'S SALARY. No. 353. An Act to amend the Act of 1906, page 161, creating the City Court of Blakely, and the Acts amendatory thereof, so as to reduce 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 to establish the City Court of Blakely in and for the County of Early, in the State of Georgia, approved August 21, 1906, and the several Acts amendatory thereof, be and the same are hereby amended so that the judge of the City Court of Blakely in and for the County of Early shall receive a salary of nine hundred dollars per annum, and said salary of nine hundred dollars per annum shall be paid in monthly installments out of the treasury of the County of Early by the person or persons charged by law with the duty of paying out the moneys of said County of

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Early, and such salary shall be paid to the judge now in office, as well as to his successor in office. Judge's salary $900. Section 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 March 24, 1933. CAIRO CITY-COURT ACT AMENDED. No. 16. An Act to amend the Act creating the City Court of Cairo, and amendments thereto; to fix the salary of the judge of said court; to eliminate the payment for convicts by the county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that all of section five of the Act creating the City Court of Cairo, approved August 8th, 1906, and all amendments thereto, that section three of the Act approved August 19th, 1919, amending said Act, and all of the act amending the Act creating the City Court of Cairo approved July 27th, 1929, be and the same are hereby stricken and repealed, and inserted in said Act approved August 8th, 1906 in lieu of section five thereof the following: That the judge of said court shall receive a salary of one hundred twenty-five ($125.00) dollars per month, payable monthly out of the treasury of Grady County by the person or persons charged by law with paying out the money of Grady County, which shall be effective for the years 1933 and 1934; and beginning January 1st, 1935, said salary shall be the sum of one hundred fifty ($150.00) dollars per month. Judge's salary. Section 2. Be it further enacted, that all of section forty (40) of the Act creating the City Court of Cairo, approved

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August 8th, 1906, be and the same is hereby stricken. Ga.L.1906, p.199; Sec.40 (hire of convicts) repealed. Section 3. Be it further enacted, that this Act shall become effective July 1st, 1933. Effective July 1, 1933. Section 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 February 15, 1933. CAMILLA CITY-COURT AMENDMENTS. No. 298. An Act to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all Acts amendatory thereof, so as to provide for fixing and paying the salary of the judge and solicitor of said court; to provide for change in the terms of office of said judge and solicitor thereof; to provide for the terms of office of the judge and solicitor of said court, and for their election; to provide for trials in said court in civil and criminal cases by a jury of six in certain contingencies; to amend Section 1 of an Act approved August 7, 1931, providing for disbursing costs to officers in criminal cases; 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 terms of office of judge and solicitor of the City Court of Camilla (and ex-officio judge and solicitor of the City of Pelham) beginning February 1, 1934 shall expire on January 1, 1937, and the successors of said judge and solicitor, respectively, shall be elected at the general election for Governor and State-house officers to be held in Mitchell County and in and for said State in the year 1936 and each and every four years thereafter. The terms of office of

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said judge and solicitor shall be four years from January 1, 1937, after their election as herein provided, and until their successors, or the successor of each or either of them, shall have been elected and qualified; the purpose and intent of this last provision being to make the terms of office of said judge and solicitor of said court four years, beginning January 1, 1937. Judge and solicitor; election, terms of office. Section 2. Be it further enacted by the authority aforesaid, that the salary of said judge and solicitor shall be fixed by the Board of Commissioners of Roads and Revenues of Mitchell County or by any other authorities having charge of the management of the fiscal affairs of said county, now in existence, or that may hereafter be created by law, said salary or salaries to be paid out of the county treasury upon warrants drawn by said governing authority as follows: (a) For Judge of the City Courts of Camilla and Pelham a sum not less than one hundred dollars ($100.00) and not exceeding two hundred dollars ($200.00) per month, payable monthly. Salary of judge. (b) For Solicitor of City Courts of Camilla and Pelham a sum of not less than fifty dollars ($50.00) and not exceeding one hundred and fifty dollars ($150.00) per month, payable monthly. Provided, however, that the salaries of said judge and solicitor shall be fixed at as early date as practicable in the beginning of each year and for a period of one year from the date of fixing the same; provided further, that for the remainder of the year 1933 said monthly salaries may be fixed by said Board of Commissioners of Roads and Revenues of Mitchell County (or Board of Commissioners of Mitchell County) at such amount or amounts within the limitations herein provided, as they shall deem proper for the remainder of the year 1933. Salary of solicitor. Section 3. Be it further enacted by the authority aforesaid, that in the trial of all civil cases in said City Courts

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of Camilla and Pelham the parties litigant in each and all civil cases shall have the right to demand a jury of twelve jurors for the trial of all such cases; provided, that in the plaintiff's petition, or in the answer of any defendant, or in the pleadings of any party or parties at interest in any case, a demand or request for said jury of twelve be made for the trial of said case; or provided, that either party litigant shall, at least five days before the trial term of said case, file with the clerk of said court a demand, in writing, for a jury of twelve for the trial of any such pending civil case; and in default of said demand by either method above provided, unless any such case shall be submitted to the judge of said court for trial without the intervention of a jury, said case shall, in the discretion of the trial judge, be tried by a jury composed of six jurors, selected from a panel of twelve qualified jurors, from which panel the plaintiff and defendant shall each have the right of three peremptory strikes, thus providing a jury of six for the trial of said civil case. Likewise, in criminal cases tried in said court (unless the defendant waives trial by jury), unless the defendant, upon arraignment or being placed upon trial, shall demand a jury of twelve for the trial of his or her case, said defendant may, in the discretion of the court, be tried by a jury composed of six jurors selected from a panel of twelve qualified jurors, from which panel the State and the defendant shall each have the right to peremptorily strike the jurors, thus providing a jury of six for said trial. Demand for jury. Section 4. Be it further enacted by the authority aforesaid, that Section 1 of an Act approved August 7, 1931 (Georgia Laws 1931, page 291), be and the same is hereby amended by adding at the end of said section, and to become a part thereof, the following: Provided, however, that whenever the convicts sentenced by the City Courts of Camilla and Pelham are worked on the public roads of said county, then, upon the recommendation of the Board of Commissioners of Roads and Revenues of said county or

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other governing authorities of the fiscal affairs of said county, such proportion of the amount of costs as shall have accrued in each case may be disbursed, upon the order of the judge of said court, to the justice of the peace, constable, sheriff, and clerk, as shall be fixd from time to time, in their discretion, by said governing authorities of the fiscal affairs of said county, and said governing authorities (at present the Board of Commissioners of Mitchell County) shall issue to the proper officers, respectively, warrants for such proportionate amounts as previously may have been appropriately recommended by proper resolutions of said board. Costs, distribution of. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. CHARLTON COUNTY COURT REFERENDUM. No. 56. An Act to provide for the abolishment of the county court of Charlton County, Georgia; to provide for referendum, and time said court shall be abolished; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of same, that the County Court of Charlton County, Georgia, established under the provisions of sections 4775 (a) et seq. of Volume 4 of the Code of Georgia, be abolished as provided hereinafter. abolition of court. Transfer of cases. Section 2. Be it further enacted, that all suits pending in said County Court of Charlton County, Georgia, are hereby transferred to the Superior Court of Charlton County, and all judgments and executions heretofore rendered

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in and by said County Court of Charlton County are hereby kept alive and of full force and vigor, and that all such executions and all mesne and final processes of said County Court of Charlton County, and all claims, illegalities, and other issues arising from the execution of such processes and fi. fas. shall be returnable and determined as if though same had been issued from the Superior Court of Charlton County. Section 3. Be it further enacted, that all criminal cases founded upon indictments and accusations pending in said County Court of Charlton County shall be transferred to the Superior Court of Charlton County. Section 4. Be it further enacted, that all dockets, minutes, records, books, and papers of the County Court of Charlton County be held and kept by the Clerk of the Superior Court of Charlton County as part of the records of that court. Records. Section 5. Be it further enacted by the authority aforesaid, that this Act shall go into effect only after an election is held in each and every voting precinct of Charlton County, Georgia, said election to be called by the Ordinary of said Charlton County as early as practicable after the passage and approval of this Act. That all electors qualified to vote for members of the General Assembly in Charlton County, Georgia, shall be qualified to vote in said election. That the ordinary shall, in issuing call for said election, fix date thereof and shall advertise the call in the official organ of said county once a week for four weeks, and said call shall plainly and distinctly notify the electors of said county the date of the election and the subject-matter of same. At said election voters who wish to cast ballots for the approval of this Act shall have written or printed thereon the words: Against County Court, and those who wish to cast ballots against this Act shall have written or printed thereon the words: For County Court. The result

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of said election shall be consolidated and declared on the date following the day of election by the said Ordinary of Charlton County, Georgia, and if a majority of the voters voting in said election vote ballots Against County Court, then, in said event, this Act shall be and become in full force and effect in thirty days after the result of said election is declared and published. If a majority of those voting in said election vote ballots For County Court, then, in such event, this Act shall be null and void. Referendum. Section 6. Be it further enacted by the authority aforesaid, that said election shall be conducted under the same rules, laws, and regulations as are now provided for the election of members of the General Assembly of Georgia, and the expense of said election shall be paid out of the general funds of said Charlton County, Georgia. Section 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 February 22, 1933. COUNTY CRIMINAL-COURT ACT AMENDED. No. 258. An Act to amend an Act entitled an Act to establish a county criminal court in all counties of this State having a population of not less than 6, 458 and not more than 6, 462 according to the census of the United States of 1920, upon the recommendation by the majority of any grand jury in any such county, etc., said Act to be amended appearing in Georgia Laws of 1929, pages 394 to 409, inclusive, by striking all of Section 31 of said Act and substituting in lieu thereof a provision for a writ of error direct to the Court of Appeals of Georgia, and authorizing the judge of said court to grant new trial in any cause, civil or criminal, and providing that all rules

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of pleading, practice, and procedure governing motions, rules nisi, and other proceeding in new trials in the superior courts shall apply to and govern the same in said county criminal courts, and by striking Sections 32, 33, 34, 35, 36, 37, 38, and 39 of said Acts, and by amending Section 8 of said Act by striking the words six dollars in the 14th line of said section and adding in lieu thereof the words ten dollars, and by striking the words three dollars in the 15th line of said Section, and adding in lieu thereof the words five dollars; and by amending Section 17 of said Act by striking the words judge or in the 3rd line of said section, and by adding the following words at the end of said section to wit: The judge of said court shall be entitled to quarters or desk space in some part of the county court-house, to be designated by the authority in charge of the affairs of said county; to provide the manner of filling vacancies in the office of the judge and solicitor thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, and Act entitled an Act to establish a county criminal court in all counties of this State having a population of not less than 6,458 and not more than 6,462 according to the census of the United States of 1920, upon the recommendation by the majority of any grand jury in any such county, etc., said Act appearing in Georgia Laws of 1929, on pages 394 to 409, inclusive, be and the same is hereby amended by striking all of said Section 31 of said Act, and adding in lieu thereof the following: A writ of error shall be direct from said county criminal court to the Court of Appeals of Georgia, 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, and the judge of said county criminal court shall have the power to grant a new trial in any cause, civil or criminal,

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upon the same terms and conditions and under the same laws and regulations, in every respect, governing the granting of new trials in the superior courts. All rules of pleading, practice, and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts shall apply to and govern the same in said county criminal courts. Ga. L. 1929, p.394, amended. County criminal court in county of 6458 to 6462 population; writ of error from. Writ of error. New trials. Practice. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted, that Sections 32, 33, 34, 35, 36, 37, 38, and 39 of said Act be and the same are hereby stricken and repealed. Sections repealed. Section 3. Be it further enacted by the authority aforesaid, that Section 8 of said Act be and the same is hereby amended by striking the words six dollars in the 14th line of said section and adding in lieu thereof the words ten dollars, and by striking the words three dollars in the 15th line of said section, and by adding in lieu thereof the words five dollars, and by amending Section 17 of said Act by striking the words judge or in the 3rd line of said section, and by adding the following words to the end of said section, to wit: The judge of said court shall be entitled to quarters or desk space in some part of the county court-house, to be designated by the authority in charge of the affairs of said county. Judge's fees. Judge's quarters. Section 4. Be it further enacted, that any vacancy in the office of judge or solicitor of said Court shall be filled by appointment by the Governor of the State. Vacancy in office. Section 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 March 23, 1933.

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DARIEN CITY-COURT AMENDMENTS. No. 330. An Act to amend an Act to establish the City Court of Darien, in and for the County of McIntosh; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties; 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 four of an Act entitled An Act to establish the City Court of Darien, in and for the County of McIntosh; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties; and for other purposes, approved August 6, 1929 (Acts 1929, page 409 et seq.), be and the same is hereby amended by striking from said section four the following language, to wit: in conjunction with the county attorneys of McIntosh County, so that said section when so amended shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that there shall be a judge of said City Court of Darien, who shall be recommended and endorsed to the Governor by the County Commissioners of McIntosh County, and then appointed by the Governor, without the advice or consent of the Senate, for a term of four years; all vacancies in the office of judge shall be filled in the same manner for the unexpired term. The judge of said court shall receive a salary, the same to be fixed by the Board of County Commissioners, and shall be paid monthly out of the county funds by the proper persons having charge of such county funds. Judge of said court shall hold office until their successors are duly appointed and qualified. Judge, how appointed. Section 2. Be it further enacted by the authority aforesaid, that section six of said Act be and the same is hereby amended by striking from said section six the following language

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appearing in the last sentence thereof, to wit: The solicitor shall receive as compensation one third of all costs, fines, and forfeitures in criminal proceedings, and inserting in lieu thereof the following language, to wit: The solicitor shall perform all duties in said court as are by law prescribed to be performed by solicitors-general in the superior courts of this State in reference to misdemeanor cases, in so far as the same are applicable in said city court, except where otherwise provided by this Act, so that said section when amended shall read as follows: Section 6. Be it further enacted, that there shall be a solicitor of said City Court of Darien, who shall be appointed in like manner as the judge and who shall hold office for a like term. All vacancies in said office shall be filled in the same manner as vacancies in the office of judge, and shall possess the same qualifications as those provided herein for the judge of said court. The solicitor shall perform all duties in said court as are by law prescribed to be performed by solicitors-general in the superior courts of this State in reference to misdemeanor cases, in so far as the same are applicable in said city court, except where otherwise provided by this Act. Solicitor's compensation. Section 3. Be it further enacted by the authority aforesaid, that section eight of said act be and the same is hereby amended by striking section eight therefrom in its entirety, and inserting in lieu thereof a new section to be numbered section eight, and to read as follows: Section 8. Be it further enacted that the cost in all civil cases in said court, when the amount involved is $100.00 or less, shall be $5.00, and when the amount involved is over $100.00 shall be $10.00, which costs shall be charged against and collected from the party cast in the suit. In all criminal cases the costs shall be $18.00. To the bill of costs in said criminal cases shall be added all lawful fees that may have accrued in a preliminary hearing, if such hearing be had, as well as the cost of issuing the warrant, which shall be collected by the clerk and paid over to the magistrate issuing the warrant

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or presiding at such preliminary hearing; and also the clerk shall present a bill of costs for jail fees including board at 50 cents per day, if such have accrued, whenever any defendant in a criminal case is sentenced to pay a fine and the costs of court, which said amount for board shall be collected by him and paid over to the general fund of McIntosh County. The sheriff is hereby required to present to the clerk, at or before the time the criminal docket is called at each term of court, an accurate list containing the names of all prisoners subject to be tried at said term, which said list shall show, opposite the names of said prisoners, the number of days each of said prisoners have spent in jail, and the amount due from each of said prisoners for board. And likewise on or before the call of said criminal docket all justices of the peace and all ex-officio justices of the peace shall present to said clerk a list containing the names of all persons subject to be tried at said term, for whom warrants were issued, or for whom preliminary hearings were had, which list shall opposite each names show the amount of lawful fees due such justice or ex-officio justice of the peace for said warrant or preliminary hearing; and in default of presenting said list, the clerk shall be excused in the event of his failure to collect said fees due such justices of the peace or ex-officio justices of the peace. All costs, fines, and forfeitures, except those otherwise and herein expressly provided, shall be paid to the clerk of said court, and by him divided and paid over as follows: One fourth of all costs, fines, and forfeitures in all criminal cases shall be paid over to the general fund of McIntosh County, and the remaining three fourths shall be equally divided and one part paid to the solicitor, one part to the clerk, and one part to the sheriff; provided, that all funds received into the general fund of the county for costs, fines, and forfeitures, as above set out, shall be used first to defray the cost of operation of said court, and then after a period of six months, should there by any surplus funds from said source, said funds, or so much thereof as may be necessary, may be disbursed

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to the several justices of the peace of said county who have filed cost bills with the board of commissioners, in cases where a preliminary hearing was had and the accused was upon trial acquitted by the jury; in making such disbursements, however, the board shall pay said cost bills pro rata and according to the oldest date, after first reserving an amount which in their judgment will operate said court for a period of six months from the date of said disbursements. All costs in civil cases shall be paid by the clerk when collected, one third to the general fund of McIntosh County, one third to the clerk, and one third to the Sheriff. The several amounts herein provided to be received by the several officers of court shall be paid to them only after collection from the person or persons bound to pay the same, and shall be in full as their compensation for all duties performed by them as officers of said court, and they shall have no claim whatever on any funds of the county for any services performed as such officers. Costs. Section 4. Be it further enacted by the authority aforesaid, that section twenty-two (22) of said act be and the same is hereby amended by striking from the first sentence thereof the word eighteen wherever the same appears, and inserting in lieu thereof the words twenty-four; and also by striking all language and words after the word event in the third sentence and before the word All at the beginning of the last sentence of said section, said words being shall be selected as follows: In civil cases each side shall have three strikes; and in criminal cases, then the jury shall be made up as follows: A list of 18 jurors shall be furnished, and in civil cases each side shall have three strikes; and in criminal cases the defendant shall have four strikes and the State two, and the remaining twelve shall constitute the jury, and inserting in lieu thereof the following words and language, to wit: A jury of six shall be selected as follows: A list of 12 jurors shall be furnished, and in civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the

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State shall have two strikes, and the remaining six shall constitute the jury. When a jury of twelve is demanded, then a list of eighteen jurors shall be furnished, and in civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the State shall have two strikes, and the remaining twelve shall constitute the jury, so that said section when so amended shall read as follows: Section 22. Be it further enacted, that the judge at each term of said city court shall draw from said box the names of twenty-four persons to serve as jurors at the next term thereafter of said city court, and the twenty-four jurors drawn and summoned as above provided shall be impaneled. Twelve jurors shall constitute a panel. In all cases, civil and criminal, a trial by a jury of twelve shall be had in said court, when so demanded; but a trial by a jury of twelve may be waived and in that event a jury of six shall be selected as follows: A list of 12 jurors shall be furnished, and in civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the State shall have two strikes, and the remaining six shall constitute the jury. When a jury of twelve is demanded, then a list of eighteen jurors shall be furnished, and in civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the State shall have two strikes, and the remaining twelve shall constitute the jury. All jurors serving in said court shall receive the sum of $1.50 per day while serving as such, or any sum fixed by proper resolution of the Board of County Commissioners, to be paid under rules governing payment of superior-court jurors. Juries. Section 5. 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 March 24, 1933.

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DECATUR CITY-COURT AMENDMENTS. An Act to amend an Act entitled an Act to create the City Court of Decatur; to define the jurisdiction thereof; to fix the terms of said court, and to prescribe the practice and methods of procedure therein; to provide for the appointment of the judge and solicitor of said court; and for other purposes, approved August 16th, 1922, and the amendment to said Act approved August 1st, 1927; by providing that on and after the passage and approval of this Act, to create an assistant solicitor of said City Court of Decatur; 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 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, as approved August 16th, 1922, and the amendment to said Act approved August 1st, 1927, be and the same is hereby amended, so when amended shall read as follows: Section 2. Be it further enacted by authority of the same, that in addition to the Solicitor of the City Court of Decatur, there shall be an Assistant Solicitor of the City Court of Decatur, who shall be appointed by the Solicitor of the City Court of Decatur, with the approval of the judge of the said court, and to be subject to removal by such judge and solicitor at the pleasure of both of said officials. Said assistant solicitor when appointed, and before assuming his office, shall take the same oath of office in substance as is prescribed for the solicitors-general of this State. Said assistant solicitor's duties shall be to assist the solicitor of said court in the performance of his duties, and to act for said solicitor in case of his absence on account of sickness or otherwise; and said assistant solicitor to act as special

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investigator in preparing all criminal business pending in said City Court of Decatur. No other investigator shall be employed by said solicitor. That the salary of said assistant solicitor shall be fixed by the Commissioner of Roads and Revenues of DeKalb County at a fair and reasonable salary, the same to be paid monthly out of the treasury of DeKalb County by the officer authorized to pay out the funds of said county, the salary of said assistant solicitor being an expense of said court. Assistant solicitor of city court; appointment, duties. Salary. Section 3. Be it further enacted by authority aforesaid, that Section 17 of said Act as approved August 16th, 1922, be stricken as it now reads, and the following be substituted in its place, to read as follows: That in the absence of both the solicitor and assistant solicitor of said court, for any reason, the judge may appoint a solicitor pro tempore, who shall have the same authority while so acting as said solicitor, or assistant solicitor, and shall be paid by the solicitor such reasonable amount for the service as the judge of said court may determine. Solicitor pro tem. Section 4. Be it further enacted by the authority of the same, that the Assistant Solicitor of said City Court of Decatur shall be at least twenty-three (23) years of age, shall have resided in DeKalb County for one (1) year, and practice law at least two (2) years. Qualifications of assistant solicitor. Section 5. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 14, 1933. DOUGLAS CITY-COURT JUDGE'S SALARY. An Act to amend an Act entitled An Act to establish the City Court of Douglas, in the City of Douglas, in Coffee County, Georgia; to define its jurisdiction and powers; to provide for the election of a judge and other officers

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thereof; and to define their powers and duties; to provide for the granting of new trials, and writs of error therefrom; and for other purposes, as amended by an Act approved July 29th, 1929, and as further amended by an Act approved August 27th, 1931, so as to fix the salary of the Judge of the City Court of Douglas, and 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 Section 4 of the aforesaid Act approved August 19, 1919, as found in Georgia Laws, pages 465 and 466, be amended by adding thereto a new paragraph which shall read as follows: Section 4 (a). Be it further enacted, that, beginning the first day of January, 1933, the Judge of said City Court of Douglas shall receive a salary of fifteen hundred ($1,500.00) dollars per annum, which shall be paid monthly out of the treasury or depository of the County of Coffee by the person or persons charged by law with paying out the money of the County of Coffee. Judge's salary, $1500. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1933. GREENVILLE CITY COURT ABOLISHED. No. 347. An Act to repeal an Act establishing the City Court of Greenville, approved December 13, 1899, entitled An Act to establish the City Court of Greenville, in and for the County of Meriwether; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and the appointment of other officers thereof, and to define

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fine their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court; and for other purposes, as amended by an Act approved July 16, 1903, and as amended by an Act approved August 21, 1906, and as amended by an Act approved July 19, 1910, and as amended by an Act approved August 19, 1918, and as amended by an Act approved August 20, 1923, and as amended by an Act approved August 6, 1924, and as amended by an Act approved July 27, 1925; to abolish the City Court of Greenville in and for the County of Meriwether; to provide for the disposition of business now in said court; to provide the effective date of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act establishing the City Court of Greenville, in and for the County of Meriwether, approved December 13, 1899, entitled An Act to establish the City Court of Greenville, in and for the County of Meriwether; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and the appointment of other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for writs of error therefrom to the Supreme Court, and for other purposes, as amended by an Act approved July 16, 1903, and as amended by an Act approved August 21, 1906, as amended by an Act approved July 19, 1910, and as amended by an Act approved August 19, 1918, and as amended by an Act approved August 20, 1923, and as amended by an Act approved August 6, 1924, and as amended by an Act approved July 27, 1925, be and the same is hereby repealed; and the said City Court of Greenville, in and for the County of Meriwether, as established by said Act of December 13, 1899, and the Acts amendatory thereof, is hereby abolished. Abolition of court.

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Section 2. Be it further enacted, that all business, both civil and criminal, pending in said City Court of Greenville at the time this Act goes into effect shall be and the same is hereby transferred, for trial and disposition, to the Superior Court of Meriwether County. The clerk of said City Court of Greenville and all officers of such court are hereby directed and required to turn over to the clerk of the Superior Court of Meriwether County, Georgia, all papers in all cases, both civil and criminal, pending in said court at the time this Act takes effect; the dockets, minutes, books, and other records, original papers, and all other documents and papers of said city court or pertaining thereto, including remittiturs from the Supreme Court and the Court of Appeals, shall be by the clerk and sheriff of said city court deposited with the clerk of the Superior Court of Meriwether County, and to be kept as a part of the records of said Superior Court. Any case now pending in the Court of Appeals or Supreme Court from said City Court of Greenville at the time this Act goes into effect, the remittiturs from said Supreme Court or Court of Appeals shall, upon the termination of said cause in such appellate court, be transmitted to the clerk of the Superior Court of Meriwether County. Transfer of cases. Section 3. Be it further enacted, that any and all cost which have accrued to the County of Meriwether and which would be due under existing laws to be paid into the treasury of Meriwether County, in any case pending in the said City Court of Greenville at the time this Act goes into effect and transferred to the Superior Court of Meriwether County, shall be paid into the treasury of Meriwether County as now required by law. Costs. Section 4. Be it further enacted, that this Act shall take effect and become operative on January 1, 1934. Effective Jan. 1, 1934. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933.

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HALL CITY-COURT SALARIES; REFERENDUM. No. 277. An Act to amend An Act to establish a City Court in the County of Hall, and to provide for the appointment of a judge and solicitor thereof, designated as Act No. 291, contained on pages 939 to 947, inclusive, of Volume II of Georgia Laws 1890-1891; to repeal all laws and parts of laws amendatory thereto which are in conflict herewith, so as to fix the salaries of the judge and solicitor of said court at the sums of $1,500.00 and $1,200.00 per annum, respectively; providing the time and manner of paying said salaries; providing the time and manner of this Act taking effect; repealing all laws in conflict herewith; and for other 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 An Act to establish a City Court in the County of Hall, and provide for the appointment of a judge and solicitor thereof, designated as Act No. 291, contained on pages 939 to 947, inclusive, of Volume II of Georgia Laws 1890-1891, and all amendments thereto, which are in conflict herewith, be and the same are hereby amended by fixing the salary of the judge of said court at $1,500.00 per annum, and the salary of the solicitor of said court at $1,200.00 per annum, said salaries to be paid monthly by the proper authorities of Hall County. Judge's salary $1500. Solicitor's salary $1200. Section 2. Be it further enacted, that this Act shall not take effect until the expiration of the present terms of said officers on January 1, 1935, and that until the said terms expire the salaries of both judge and solicitor shall remain the same as now provided by law. Effective Jan. 1, 1935. Section 3. Be it further enacted, that this Act shall be submitted by the ordinary of said county to the qualified voters of said county at an election, the time of which election is to be designated by the ordinary, but must be held

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at some time prior to the time of qualification for any primary for the nomination of candidates for the next term for the offices of said judge and solicitor. Be it further enacted, that the ballots at said election shall have printed thereon For reducing the salaries of the Judge and Solicitor of the City Court to $1,500.00 and $1,200.00 per annum, respectively, and Against reducing the salaries of the Judge and Solicitor of the City Court to $1,500.00 and $1,200.00 per annum, respectively. If a majority of the persons voting at this election shall vote For reducing the salaries of the Judge and Solicitor of the City Court to $1,500.00 and $1,200.00 per annum, respectively, this Act shall be of full force and effect; if a majority of the persons voting at said election do not so vote, this Act is to be null and void and of no effect. The election herein provided may be held at the same time and with some other election, if the ordinary of said county sees fit to so hold it. Referendum Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1933. IRWINTON CITY COURT ABOLISHED. No. 186. An Act to repeal An Act to establish the City Court of Irwinton in and for the County of Wilkinson; to define its jurisdiction and powers; to provide for a judge and other officers thereof; to define their powers and duties, and for other purposes, approved August 14, 1931; to provide when such repeal shall become effective; to provide for the transfer of all cases, civil and criminal, and all matters pending in said City Court of Irwinton to the Superior Court of Wilkinson 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

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of the same, that the City Court of Irwinton, created and organized under and by virtue of an Act entitled An Act to establish the City Court of Irwinton for the County of Wilkinson; to define its jurisdiction and powers; to provide for a judge and other officers thereof; to define their powers and duties; and for other purposes, approved August 14, 1931, be and the same is hereby abolished, and the said Act is hereby repealed. Abolition of court. Section 2. Be it further enacted by the authority aforesaid, that all cases pending in the said City Court of Irwinton, both civil and criminal, be transferred to the Superior Court of Wilkinson County, Georgia, and tried in said superior court as if originally filed in said superior court, and all illegalities, claims, and answers to garnishments proceeding, growing out of an execution, decree, or order of said City Court of Irwinton, shall be transferred and returned to said Superior Court of Wilkinson County. Transfer of cases. Section 3. Be it further enacted, that all cases pending in said City Court of Irwinton, so transferred to said Superior Court of Wilkinson County, in which appearances have been made and pleading filed by the defendants, or in which entries of in default have been entered, shall stand for trial at the next term of said Superior Court of Wilkinson County, unless continued therein under the laws regulating continuances in said superior court. Trial of transferred cases. Section 4. Be it further enacted, that the provisions of this Act shall become of full force and effect from and after the passage and approval of the same. Section 5. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 17, 1933.

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JESUP CITY COURT, ELECTION TO ABOLISH. No. 339. An Act to provide for the repeal of an Act approved July 31, 1916, establishing the City Court of Jesup, and providing for the abolition of the City Court of Jesup; to provide for the abolition of the office of judge of said court and the office of solicitor thereof; to provide for the transfer of all cases, motions, and other litigations pending in said court to the Superior Court of Wayne County, Georgia; to provide the time when said court shall be abolished; and providing for the payment of costs in cases transferred to Wayne Superior Court; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that from and after this bill shall be signed and approved by the Governor the City Court of Jesup shall be and the same is hereby abolished, and the office of judge and solicitor of said court be and is abolished on and after said date, and said court shall thereafter cease to exist; and that all cases, both civil and criminal, pending therein on said date, either from having been originally field in said court or from having been transferred to said court from the Superior Court of Wayne County or from any other court, shall be transferred to the docket of the superior court of said county, and shall thereafter stand for trial in said court in the same manner as though said causes had originated therein, and all motions or other form of litigation whatever or bonds connected therewith then pending in said court shall likewise be transferred to the superior court of said county, and said court and the judge thereof is given full and complete jurisdiction over the same in as full and complete a manner as the said city court and the judge thereof has, and the rights of all parties litigant in any and all of said matters pending in said city court are hereby fully preserved, and said Superior Court of Wayne County

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is hereby vested with full jurisdiction to enforce the same; that all bonds for the appearance of any defendant in said city court be and are hereby transferred to said superior court. Abolition of court. Transfer of cases. Section 2. Be it further enacted by the authority aforesaid, that the costs in all cases transferred to the superior court, as herein provided, shall be disposed of in said court as other costs in other cases pending therein. Section 3. Be it further enacted by the authority aforesaid, that an Act of the General Assembly of Georgia, approved July 31, 1916, establishing said City Court of Jesup in and for the County of Wayne, Georgia, and all laws amendatory thereof, is specifically repealed. Section 4. This Act shall not become effective until the same has first been approved and ratified by the qualified voters of Wayne County, Georgia, in a special election to be called for the purpose of submitting to the voters of said county the question as to whether or not this Act shall be approved or rejected. Within fifteen (15) days from the approval of this Act by the Governor, the Ordinary of said County of Wayne is required to call a special election at which the qualified voters of said county shall approve or reject this Act. In said election all voters of said County of Wayne qualified to vote for members of the General Assembly shall be qualified to participate in said special election, and said election shall be held under the same rules and regulations now governing elections for members of the General Assembly. It shall be the duty of the ordinary of said county to likewise give notice of said election by publishing such notice for a period of thirty (30) days prior to said election in the county gazette of said County of Wayne, and by posting a written or printed copy of said notice at the court-house door of said county. It shall be the further duty of said ordinary to provide for the holding of said election and for managers and clerks to hold the same, and to provide the ballots to be used in said election.

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The ballots used in said election shall have printed thereon the following words, to wit: In favor of abolishing the City Court of Jesup, and Against abolishing the City Court of Jesup. In the event this Act is approved or ratified by a majority of voters participating in said election, then the same shall become effective immediately upon such ratification or approval; but in the event this Act should not be approved or ratified by a majority of voters participating in said election, then in such event the becomes void and is not effective. Referendum. Section 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 March 24, 1933. LEXINGTON CITY COURT, ELECTION TO ABOLISH. No. 121. An Act to repeal An Act to establish the City Court of Lexington in and for the County of Oglethorpe; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court; and for other purposes, which Act was approved on December 13th, 1899, with all amendments thereto, found in the Acts for that year, pages 395-407, inclusive, and to provide for the disposition of all suits, papers, processes, fi. fas., and books of said court, and to provide for the holding of an election on said matter; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, that from and after the passage of this Act, to wit, beginning upon the first (1st) day of January, 1934, the above-recited Act, with all amendments thereto, be and the same is hereby repealed, and the City Court of Lexington, established under the laws of Georgia 1899, folio 395-407, inclusive, with all amendments thereto, is hereby abolished. Abolition of court. Section 2. Be it further enacted, that all mesne and final process from the City Court of Lexington which has not been executed at the time that this Act takes effect, shall be returned to the Superior Court of Oglethorpe County, Georgia; all suits, papers, books, and fi. fas. issued from said court, and all undisposed of matters, both of a civil and criminal nature, pending in said City Court of Lexington shall be returned to the Superior Court of Oglethorpe County, Georgia. Transfer of cases, etc. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, that it shall be the duty of the Ordinary of Oglethorpe County, Georgia, to call an election at all of the voting precincts in said county within sixty (60) days after this Act has been approved, and submit in said election to the qualified voters of Oglethorpe County, Georgia, the question as to whether or not said City Court of Lexington shall be abolished. Said ordinary shall notify the voters of such election to be held, by having printed in the newspaper in said Oglethorpe County in which sheriff's advertisements are printed, a signed notice of his intention to call such election, said signed notice stating the purpose of, and the day upon which said election is to be held. Said notice shall be published by said ordinary at least fifteen (15) days before the day that he has set for the holding of said election. Referendum. Section 4. Be it further enacted, that the Ordinary of Oglethorpe County, Georgia, shall appoint two (2) election managers and one (1) clerk in each militia district in said Oglethorpe County, to hold the election herein provided

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for; and be it further enacted, that said managers and clerks alike shall receive a fee of two ($2.00) dollars each for their services in holding said election. Be it further enacted, that the Ordinary of Oglethorpe County, Georgia, shall have tickets printed for said election, and that he shall furnish them to the election managers; and those who wish that the City Court of Lexington shall remain in life shall have printed on their ballots the words For City Court, and those who wish that said City Court of Lexington shall be abolished shall have printed on their ballots the words Against City Court. Section 5. Be it further enacted, that the managers of said election, appointed by the ordinary aforesaid, shall make their returns to the aforesaid ordinary upon the day immediately following the day upon which said election is held; and said ordinary shall then and there immediately declare the result of said election. Section 6. Be it further enacted, that if there are more votes cast for the City Court of Lexington to remain in life, then this Act becomes immediately null and void; and be it further enacted, that in no event shall said City Court of Lexington be abolished unless that a majority of the qualified registered voters of said county vote to abolish same. Be it further enacted, that if a majority of said voters vote to abolish said court, then this Act to become effective as of the first (1st) day of January, 1934. To make it clear, if there are 100 qualified registered voters in said Oglethorpe County when this election is held, then, in order for said court to become abolished and this Act to become effective, at least 51 such voters would have to vote to abolish said court. Be it further enacted, that no person shall be qualified to vote in this election unless she or he was qualified and registered to vote in the general election held in accordance with law on the eighth (8th) day of November, 1932. Any person in Oglethorpe County who was qualified and registered to vote in said general election in Oglethorpe County shall be qualified to vote in this election.

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Section 7. Be it further enacted by the authority aforesaid, that the managers and clerks of said election shall be paid for their services out of the county treasury of said Oglethorpe County, and that the printing of the tickets for said election shall be paid for out of the county treasury of said county; and the Commissioner of Roads and Revenues of said Oglethorpe County is hereby required to make such payments in accordance with this Act. Section 8. Be it further enacted by the authority aforesaid, that the ordinary aforesaid shall have two (2) sets of tickets printed, and that he shall furnish to the managers in all the voting precincts a sufficient number of each set, that on one set of tickets shall be printed the words For City Court, and right under these words and on the ticket shall be inserted this language: This means that you are voting to keep the City Court of Lexington. And on the other set of tickets shall be printed the words Against City Court, and right under these words and on the ticket shall be inserted the following language: This means that you are voting to abolish the City Court of Lexington. Section 9. Be it further enacted by the authority aforesaid, that in the event that the Ordinary of Oglethorpe County, Georgia, fails to call said election and perform the duties required of him by this Act, then it shall be the right of any citizen of Oglethorpe County, being a qualified voter, or any citizens of Oglethorpe County, being qualified voters, to bring a petition immediately to the Superior Court of said Oglethorpe County, stating the facts of such failure on the part of said ordinary to call said election; and it shall then be the duty of said court to set a date, such date, to be not later than seven (7) days after such petition is filed with said superior court, for the purpose of hearing both sides of the question raised by any such petition. It shall be the duty of the clerk of the said Superior Court of Oglethorpe County, in the event that such a petition is filed and in the event that said court orders a

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hearing upon same as herein provided, to serve a copy of such petition and order for hearing upon the said ordinary at least three (3) days before the date set by the court for such hearing. Be it further enacted, that it shall be the duty of said superior court, in the event that it finds the facts alleged in any such petition to be true, to issue a writ of mandamus directed to said ordinary, requiring him to call such election immediately in accordance with the provisions of this Act, or else be in contempt of court. Be it further enacted, that no such petition shall be brought after the tenth (10th) day of December, 1933. Mandamus to compel election. Section 10. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. LYONS CITY-COURT AMENDMENTS. No. 295. An Act to amend an Act establishing the City Court of Lyons approved August 27, 1931, by striking from Section 3 of said Act the following words: funds rising from the fines and forfeitures of said court, as hereinafter provided, and adding in lieu thereof the following: treasurer of the County of Toombs by the person or persons charged by law with the paying out of the money of Toombs County. By striking from Section 6 of said Act the following words: funds rising from the fines and forfeitures of said court, as hereinafter provided, and adding in lieu thereof the following: treasury of the County of Toombs, by the person or persons charged by law with the paying out of the money of Toombs County. By striking from Section 15 of said Act the following words: and in that case a trial shall be had by a jury of six, as hereinafter provided. By striking all of

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Section 28 of said Act and adding in lieu thereof the following: Be it further enacted, that twelve (12) jurors shall constitute a panel, and the jury shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strkes and the State two strikes; six shall then constitute a jury. If, however, either party in a civil case or the defendant in a criminal case declines to waive trial by a jury of six, they shall then be furnished with a panel of twenty-four (24) jurors to strike from. Then in civil cases each side shall have six strikes, and in criminal cases the defendant shall be allowed seven strikes and the State five strikes. 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 panel, 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 same per diem as jurors of superior courts while serving as jurors in said court; the same to be paid under same rules as regulate the payment of superior-court jurors. And adding a new paragraph to said Act, as follows: That if a vacancy occurs in the office of the judge or solicitor of said court, same shall be filled by appointment of the Governor for the unexpired term to be ratified by the Senate. Section 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 the Acts of the General Assembly of Georgia, 1931, approved August 27, 1931, creating the City Court of Lyons, be and the same is hereby amended by striking from said section the words: funds arising from the fines and forfeitures of said court, as hereinafter provided, and adding in lieu thereof the following: treasury of the County of Toombs, by the person or persons charged by law with the paying out of the

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money of Toombs County, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, that the Judge of the City Court of Lyons shall receive a salary of fifteen hundred ($1,500.00) dollars per annum, and shall be paid monthly out of the treasury of the County of Toombs, by the person or persons charged by law with the paying out of the money of Toombs County. The judge of said court shall as such receive no other compensation, but may practice law in any court except the City Court of Lyons, and may hold any office or offices except those he is expressly prohibited by law from holding. Ga. L. 1931, p.343; Sec. 3 amended. Judge's salary paid from county treasury. Section 2. Be it further enacted by the authority aforesaid, that Section six of said Act be and the same is hereby amended by striking from said section the words: funds arising from the fines and forfeitures of said court, as hereinafter provided, and adding in lieu thereof the following: treasury of the County of Toombs, by the person or persons charged by law with the paying out of the money of Toombs County, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, that the salary of the solicitor of said city court shall be twelve hundred ($1,200.00) dollars per annum, and shall be paid monthly out of the treasury of the County of Toombs, by the person or persons charged by law with the paying out of the money of Toombs County. Said solicitor shall receive, for representing the State in the Appellate Court of this State, the same compensation now paid by the State to solicitors-general of superior courts for like services. Said fee 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. Solicitor's salary paid from county treasury. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same,

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that Section 15 of said Act be amended by striking from same the following words: And in that case a trial shall be had by a jury of six, as hereinafter provided, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, that all cases both civil and criminal over which the court has jurisdiction shall be tried by the judge without a jury, unless one party to the case shall in writing demand a trial by jury. The clerk of said court shall keep blank forms of demand for trial by a jury, and the party making the demand shall be entitled to a trial by a jury. Sec. 15, p.349, amended. Jury. Section 4. Be it further enacted by authority aforesaid, and it is hereby enacted by authority of same, that Section 28 of said Act be stricken, and the following added in lieu thereof, so that Section 28 of said original bill will read as follows: Be it further enacted, that twelve (12) jurors shall constitute a panel, and the jury shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the State two strikes. Six (6) shall then constitute a jury. If, however, either party in a civil case or the defendant in a criminal case decline to waive trial by a jury of six, they shall then be furnished with a panel of twenty-four (24) jurors to strike from. Then in civil cases each side shall have six strikes, and in criminal cases the defendant shall be allowed seven strikes and the State five strikes. 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 panel, and likewise the talesmen whom 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 same per day as jurors of superior courts receive while serving as jurors in said court, the same to be paid under the same rules as regulate the payment of superior-court jurors. Sec. 28. p. 352; substitute. Jurors, panel of 12; strikes. Section 5. Be it further enacted by the authority aforesaid, that said Act is further amended by adding to same

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the following section as follows: That if a vacancy occurs in the office of judge or solicitor, same shall be filled by appointment of the Governor for the unexpired term, to be ratified by the Senate. Vacancy in office of judge or solicitor. Section 6. 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 March 24, 1933. MACON CITY-COURT SALARIES. No. 151. An Act to provide for fixing the salaries of the following officers of the City Court of Macon, to wit, the judge, the clerk and deputy clerk, and the solicitor, so that said salaries shall be fixed annually by the County Board of Commissioners of Bibb County; to provide that salaries, when so fixed and determined, shall be in lieu of all other compensation of any kind or character for services rendered as officers or employees in the City Court of Macon; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the salaries of the following officers of the City Court of Macon, to wit, the judge, the clerk and deputy clerk, and the solicitor, shall be fixed annually by the County Board of Commissioners of the County of Bibb, such salaries for the year 1933 to be fixed by said board as soon after the passage of this Act as the same can be conveniently done, and, when so fixed, to be effective upon the date of the approval of this Act for the remainder of the year 1933, and annually thereafter at the first regular meeting of said Board in each year, or as early thereafter as practicable. Fixing salaries.

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Section 2. Be it further enacted by the authority aforesaid, that after said salaries have been so fixed, the same shall be paid monthly on the 1st of each month for the preceding month to the officers entitled thereto, said funds to be paid out of the treasury of Bibb County as other salaries payable by said county are now paid. Payment of salaries. Section 3. Be it further enacted by the authority aforesaid, that when the salaries of the said officials have been fixed as aforesaid, same shall be, as to all of said officials, the sole and only compensation of said officials, for services rendered in their official capacities in the City Court of Macon; and the provisions of any prior Act or law, general or local, fixing any different compensation or any different manner of fixing the compensation of said officers is hereby expressly repealed. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. MACON MUNICIPAL COURT SALARIES. No. 150. An Act to provide for fixing the salaries of all of the officers of the Municipal Court of the City of Macon, including the judge, the clerk, and deputy clerks, including court reporter, the sheriff and deputy sheriffs of said Court, and any other officer thereof, so that said salaries shall be fixed annually by the County Board of Commissioners of Bibb County; to provide that salaries, when so fixed and determined, shall be in lieu of all other compensation of any kind or character for services rendered as officers of the Municipal Court of the City of Macon; 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 salaries of all of the officers of the Municipal Court, City of Macon, including the judge, the clerk and deputy clerks, including court reporter, the sheriff and deputy sheriffs of said court, and any other officer thereof, shall be fixed annually by the County Board of Commissioners of the County of Bibb, such salaries for the year 1933 to be fixed by said board as soon after the passage of this Act as the same can be conveniently done, and, when so fixed, to be effective upon the date of the approval of this Act for the remainder of the year 1933, and annually thereafter at the first regular meeting of said board in each year, or as early thereafter as practicable. Fixing salaries. Section 2. Be it further enacted by the authority aforesaid, that after said salaries have been fixed, the same shall be paid monthly on the 1st of each month for the preceding month to the officers entitled thereto, said funds to be paid out of the treasury of Bibb County as other salaries payable by said county are now paid. Payment of salaries. Section 3. Be it further enacted by the authority aforesaid, that when the salaries of said officials have been fixed, as aforesaid, the same shall be the sole and only compensation of said officials for services rendered in their official capacities in the Municipal Court of the City of Macon; and the provisions of any prior Act or law fixing any different compensation, or any different manner of fixing the compensation of said officer, is hereby expressly repealed. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933.

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METTER CITY-COURT FEES. No. 191. A BILL To be entitled an Act to amend an Act entitled An Act to establish the City Court of Metter, in the City of Metter, in the County of Candler, to define its jurisdiction and powers, to provide for a Judge, a Solicitor, and other officers thereof, and fix their compensation; to regulate proceedings, pleadings, practice, and new trials therein; to provide for direct bill of exceptions and writs of error thereupon; to provide that no person prosecuted in said City Court shall have the right to demand an indictment by the grand jury of said county; to provide for the transfer of misdemeanor cases, not disposed of at the term of the Court at which indictments are found, from the Superior Court of said county to the City Court, and for other purposes. Approved July 29, 1920, so as to fix the fees of the Clerk and Sheriff 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 same, that a certain Act entitled An Act to establish the City Court of Metter, in the City of Metter, in the County of Candler, to define its jurisdiction and powers, to provide for a Judge, a Solicitor, and other officers thereof, and fix their compensations; to regulate proceedings, pleadings, practice, and new trials therein; to provide for direct bill of exceptions and writs of error thereupon; to provide that no person prosecuted in said City Court shall have the right to demand an indictment by the grand jury of said county; to provide for the transfer of misdemeanor cases, not disposed of at the term of the Court at which indictments are found, from the Superior Court of said county to the City Court, and for other purposes. Approved July 29, 1920, and found in Georgia Laws of 1920,

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pages 364-378 inclusive, be and the same is hereby amended by striking from Section 10 thereof in the fourth and fifth lines of said Section, the words: as are allowed by law for like services in the Superior Courts and inserting in lieu thereof the following: as were allowed by law for like services in the Superior Courts of this State under the provisions of the Official Georgia Code of 1910 at the time of its adoption so that said Section when amended shall read as follows: Section 10. Be it further enacted by the authority aforesaid, that the Clerk and Sheriff of said City Court shall receive the same fees for their services in said City Court as were allowed by law for like services in the Superior Courts of this State under the provisions of the Official Georgia Code of 1910 at the time of its adoption, except as otherwise provided in this Act, and they shall be amenable to the same processes and penalties as they are amenable to as officers of the Superior Courts, and they shall be entitled to the same remedies to enforce the collection of their fees and cost in said City Court as they are entitled to in the Superior Court, except as otherwise provided for in this Act. Clerk's and sheriff's fees same as in superior courts. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws i conflict with this Act be and the same are hereby repealed. Approved March 17, 1933. OCONEE COUNTY COURT ABOLISHED. No. 29. An Act to repeal an Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same applies to Oconee County; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the above-recited Act and all Acts amendatory thereof, as now embodied in Park's Code of Georgia of 1910, from Section 4775 (a) to 4775 (vv), inclusive, be and the same is hereby repealed, so far as they apply to the County of Oconee, and the county court of said County of Oconee is hereby abolished. Abolition of court. Section 2. That all papers, books, suits, mesne and final process of whatever nature, and all criminal cases and business now pending in the County Court of Oconee County be and the same are hereby transferred to the Superior Court of Oconee County for trial and final disposition. Transfer of cases. Section 3. That all laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1933. RICHMOND CITY-COURT JUDGE'S SALARY. No. 226. A BILL To be entitled an Act to amend an Act entitled An Act to establish the City Court of Richmond County; to provide for the appointment of a judge and solicitor thereof, and to definte their powers and duties, approved September 22, 1881, and Act amendatory thereof and especially to repeal an Act entitled An Act to alter and amend the laws relating to the City Court of Richmond County, and for other purposes, approved August 16, 1920, published in Georgia Laws, 1920, page 387, which said last Act fixed the salary of said Judge of said City Court of Richmond County at $7,500.00; and to make said salary from and after the approval of this Act $6,000.00 per annum.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the approval of this Act, a certain Act entitled, An Act to alter and amend the laws relating to the City Court of Richmond County, and for other purposes, approved August 16, 1920, Georgia Laws, 1920, page 387, be and the same is hereby repealed. Act amended. Section 2. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the Judge of the City Court of Richmond County, Georgia, shall be paid a salary of Six thousand dollars ($6000.00) per annum, payable monthly, the same to be paid out of the treasury of Richmond County as other expenses are paid. Judge's salary $6000. Section 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 March 23, 1933. SANDERSVILLE CITY-COURT JUDGE'S SALARY. No. 158. An Act to amend 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 for 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 27, 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

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thereof, so as to decrease the salary of the Judge of said court and to make the decrease in said salary operative January 1, 1937, and to further provided that that said Judge of said court shall receive the sum of twelve hundred dollars per annum effective January 1, 1937; and to further provide that nothing contained in this Act shall in any way effect the salary of said Judge of said court until said date; the object hereof is to permit and allow the present judge to draw the same salary at which he was elected, 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 the same, that from and after the passage of this Act as hereinafter provided for Section two of the Act entitled and 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 officers thereof, to provide 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, 1907, and as further amended by an Act of the General Assembly approved August 13, 1924, and as further amended by an Act of the General Assembly of Georgia, approved July 21, 1927, providing an increase of the compensation of the officers of said court, be and the same is hereby amended by striking out the word eighteen in the eighth line of said section after the word of and immediately preceding the word hundred and inserting in lieu thereof the word twelve and said section is further amended by providing that this amendment shall not become effective until January 1, 1937, so that said section when so amended by provisions of this Act shall read as follows: Acts amended. Section 2. Be it further enacted by authority aforesaid, that there shall be a judge of the City Court of Sandersville, whose election, term of office, and qualifications shall

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be and remain as now fixed by law, who shall receive a salary of twelve 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 and 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 law in any court except his own: provided that this amendment shall not become effective until January 1, 1937. Judge's salary $1200. Section 4. Be it enacted by the General Assembly of Georgia, that from and after January 1, 1937, the salary of the Judge of the City Court of Sandersville shall be Twelve Hundred Dollars to be paid in the manner set out in the original Act creating the City Court of Sandersville. Section 5. Be it further enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. SAVANNAH CITY COURT AMENDMENTS No. 59. An Act to alter, amend and revise the several laws relating to the City Court of Savannah; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that section two (2) of that certain Act adopted and approved August 20, 1925, and entitled An Act to

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alter, amend and revise the several laws relating to the City Court of Savannah and for other purposes, be and the same is hereby repealed and in lieu thereof another section be and is hereby enacted, to be known as section two (2) of said Act, as follows, to wit: The salary of the sheriff of the City Court of Savannah from and after the passage of this Act shall be such an amount as may be fixed and determined by the County Commissioners and ex-Officio Judges of Chatham County and shall be paid out of the treasury of Chatham County and shall be provided by said County Commissioners in the same manner and from the same sources as the operating expenses of the City Court of Savannah and as a part thereof. The number of Deputy Sheriffs to be employed in the office of the Sheriff of the City Court of Savannah shall be such as may be approved by said County Commissioners and ex-Officio Judges of Chatham County, though they may be selected by said Sheriff. The salary or salaries of such Deputy Sheriff or Sheriffs of the City Court of Savannah shall be fixed and determined by said County Commissioners and shall be provided for and paid in the same manner as the Sheriff of said Court. Salaries of sheriff and deputies, how fixed. Section 2. Be it further enacted by the authority aforesaid, that section 5 of that certain Act adopted and approved August 15, 1927, and entitled An Act to alter, amend and revise the several laws relating to the City Court of Savannah and for other purposes, be and the same is hereby repealed. Ga. L. 1927, p. 453; Sec. 5 (sheriff's chief deputy) repealed. Section 3. Be it further enacted by the authority aforesaid, that sections two (2) and four (4) of said Act adopted August 15, 1927, and entitled as set forth in the preceding section two (2) of this Act be and the same are hereby repealed and in lieu of said section two (2) of said Act of August 15, 1927 another section is hereby enacted to be known as section two (2) of that Act, as follows: The salary of the Clerk of the City Court of Savannah

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from and after the passage of this Act shall be such an amount as may be fixed and determined by the County Commissioners and ex-Officio Judges of Chatham County, and shall be paid out of the treasury of Chatham County and shall be provided by said Commissioners in the same manner and from the same sources as the operating expenses of the City Court of Savannah and as a part thereof. The number of Deputy Clerks and/or other clerical assistants in such office shall be such as may be approved by said County Commissioners, though they may be selected by said clerk. The salary or salaries of such deputy clerk or clerks or any other clerical assistant of said office shall be fixed and determined by said County Commissioners and shall be provided for and paid in the same manner as the Clerk of said Court. Clerk's salary, how fixed. Section 4. Be it further enacted by the authority aforesaid, that section two (2) of that certain Act adopted and approved August 2, 1921, and entitled An Act to amend the several Acts relating to and creating the City Court of Savannah and for other purposes, as well as that certain Act adopted and approved July 25, 1925, and entitled An Act to amend an Act Approved August 2, 1921, and entitled `An Act to amend the several Acts relating to and creating the City Court of Savannah and for other purposes', be and the same are hereby repealed and in lieu of section two (2) of said Act adopted and approved August 2, 1921, another section is hereby enacted to be known as section two (2) of said last named Act, as follows: That said Court Reporter when so appointed shall be paid a salary in such an amount as may be fixed and determined by the County Commissioners and ex-Officio Judges of Chatham County, same to be paid from the County Treasury as an expense of said Court for his services in reporting and transcribing testimony in criminal cases, and said Reporter for the salary which he may receive shall, whenever motion for a new trial is made or

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whenever directed by the court, shall transcribe the testimony so taken. Court reporter's salary, how fixed. Section 5. Be it further enacted by the authority aforesaid, that the appointment of any and all bailiffs heretofore made or which may hereafter be made by the Judge of the City Court of Savannah shall so far as the number thereof is concerned, be subject to the approval of the County Commissioners and ex-Officio Judges of Chatham County; and the salary or salaries to be paid any such bailiff or bailiffs and/or a stenographer appointed in lieu of a bailiff shall be fixed and determined by said County Commissioners and shall be paid out of the Treasury of Chatham County, and shall be provided by said County Commissioners in the same manner and from the same sources as the operating expense of the City Court of Savannah and as a part thereof. Bailiffs' number, salaries. Stenographer in lieu of bailiff. Section 6. Be it further enacted by the authority aforesaid, that upon the filing of every suit of a civil nature in the City Court of Savannah involving the amount of three hundred dollars ($300.00) or any sum or amount less than said sum, there shall be deposited with the Clerk of the City Court of Savannah by the person filing the same a deposit fee of three dollars ($3.00) for each case to be applied to the costs of court in said suit. Upon the final determination of such case the said filing fee shall be taxed as costs just as other costs are taxed in said court. In all suits of a civil nature filed in said court where the amount involved is one hundred dollars or less, the Judge of the City Court of Savannah may in his discretion transfer said suit to the Municipal Court of Savannah for trial, in which event the said filing fee of three dollars shall be paid to the Clerk of the Municipal Court of Savannah by the Clerk of the City Court of Savannah when said case is transferred with the record to said Municipal Court. Costs, deposit. Transfer of cases to municipal court. Section 7. Be it further enacted by the authority aforesaid, that the provisions of this Act shall apply to said

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officers, Clerks, Court Reporter, Bailiffs, Stenographers and other clerical assistants mentioned in the several sections of this Act immediately after the passage of the same, and said County Commissioners may proceed to fix and determine the amount of the salary or salaries of said officers, clerks, Court Reporter, Bailiffs, stenographers and other clerical assistants regardless of the time when their term of office began or when they were appointed. The provisions of this Act shall be construed to apply to the present terms of office of the several named officials, as well as to all such named officials who may be elected or appointed hereafter. Act applies to present terms of office. Section 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 February 22, 1933. SAVANNAH MUNICIPAL COURT AMENDMENTS. No. 133. A BILL To be entitled an Act to amend the several Acts creating and relating to the Municipal Court of Savannah and for other purposes, and to repeal all laws and parts of laws in conflict herewith, the several Acts and amendatory Acts being more particularly entitled 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 Justice's 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

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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 Justice's Courts and the office of Justice of the Peace in the city of Savannah, and to establish in lieu thereof of 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 rule 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 jurisdiction of each section thereof; and for other purposes, approved August 13, 1915, Georgia Laws 1915, p. 124, and as further amended by an Act approved August 20, 1927, Georgia Laws 1927, pp. 455-464, said amendments to all said Acts by the last named said Act being 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 bailiffs thereof, to levy on and conduct the sale of real estate under an execution of 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

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and mode of payment of the salaries of the clerk, deputy clerk, bailiff, and deputy bailiffs 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 of the same, that the Acts approved August 20, 1927, Georgia Laws 1927, pages 455 to 464, entitled 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, Article 6 of the Constitution of the State of Georgia, ratified October 2, 1912, as amended by an Act of the Legislature of Georgia approved July 29, 1914, and ratified November 3, 1914, and as further amended by an Act approved August 13, 1915, Georgia Laws 1915, page 124, by striking and repealing Section 16 of the said Act approved August 20, 1927, affecting the salaries of the associate judges of the Municipal Court of Savannah and substituting in lieu thereof a new section to be known as Section 16, as follows: Acts amended. Section 16. Be it further enacted, as a substitute for Section 16, of the amendatory Act approved August 20, 1927, Georgia Laws 1927, page 462, that the County Commissioners of Chatham County and ex-officio judges thereof be and they are hereby empowered and directed to fix, regulate, prescribe and pay out of the treasury of Chatham County the salaries of the Associate Judges of the Municipal Court of Savannah. Salaries of Judges. Section 2. Be it further enacted by the authority aforesaid, that the power and authority vested in said County Commissioners and ex-officio Judges of Chatham County to fix, regulate and prescribe said salaries of said Associate Judges of the Municipal Court of Savannah shall be exercised by said County Commissioners immediately after the passage of this Act and the provisions of this Act shall relate to the present terms of office of said Associate Judges and to the present salaries of said Associate Judges

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which said salaries may be reduced, or otherwise changed, by said County Commissioners during the present term of office of said Associate Judges. Section 3. Be it further enacted by the authority aforesaid, that Section 5 of that certain Act adopted and approved August 16, 1916, and found in Georgia Laws 1916, pages 292 and following, referring to the Municipal Court of the City of Savannah, the caption of which is stated in the caption of this Act, be and the same is hereby repealed, and in lieu of said Section 5 hereby repealed another section is hereby enacted to be known as Section 5, as follows: Section 5. Be it further enacted by the authority aforesaid, that in the event of the death or resignation of the Chief Judge of the Municipal Court of Savannah and ex-officio Judge of the City Court of Savannah, his successor for the unexpired term shall be elected and appointed by the County Commissioners and ex-officio Judges of Chatham County. In the event of the death or resignation of any associate Judge of the Municipal Court of Savannah his successor for his unexpired term shall likewise be elected and appointed by the County Commissioners and ex-officio Judges of Chatham County. Vacancy in office of Chief Judge. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1933. SPARTA CITY COURT ABOLISHED. No. 136. A BILL. To be entitled an Act to repeal an Act entitled An Act to create the City Court of Sparta, in and for the County of Hancock, to prescribe the powers and duties thereof,

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to provide for the officers thereof, to provide for the compensation of said officers, and for other purposes, approved August 17th, 1905, and all Acts amendatory thereof; to provide when such repeal shall become effective; to provide for the transfer of all cases, civil and criminal, and all matters pending in said City Court of Sparta to the Superior Court of Hancock County, Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating the City Court of Sparta, entitled as follows: An Act to create the City Court of Sparta, in and for the County of Hancock, to prescribe the powers and duties thereof, to provide for the officers thereof, to provide for the compensation of said officers, and for other purposes, approved August 17, 1905, be and the same is hereby repealed, together with all Acts amendatory thereof, and said City Court of Sparta is abolished; provided, however, such repeal of said Act and the abolition of said court shall not become effective until and after March 1, 1933, said court remaining a legally constituted court until said last mentioned date. Abolition of court. Section 2. Be it further enacted by the authority aforesaid, that all cases pending in said City Court of Sparta, both civil and criminal, and all writs, claims and processes, either mesne or final, of whatever nature, on said date of March 1, 1933, shall be and the same are hereby transferred to the Superior Court of Hancock, Georgia; and for suits filed to said City Court where service has been perfected, and standing for trial or disposition at the January term, 1933, of said Court, and not disposed of, shall stand for trial at the March term, 1933, of Hancock Superior Court; and if said cause has not been reached on the appearance docket of said City Court, the appearance term of such cause shall be the March term, 1933, of Hancock Superior Court. Transfer of cases.

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Section 3. Be it further enacted by the authority of the same, that all dockets, minutes, record books and papers of said City Court shall be and the same hereby are, when this Act becomes effective, transferred to the Clerk of the Hancock Superior Court, to be preserved by him as part of the records of said Superior Court. All claims, illegalities and other issues arising on any execution or mesne or final process issued from said City Court of Sparta, after this Act is effective, shall be returnable to and determined by the Superior Court of Hancock County, as though the same had been issued from said court. Records. Section 4. Be it further enacted by the authority aforesaid, that all motions for new trial pending in the City Court of Sparta at the time this Act becomes effective shall be heard and determined by the Judge of Hancock Superior Court; and when judgment is rendered in the Court of Appeals or Supreme Court of Georgia in any case pending therein from said City Court, the Clerk of said Appellate Court shall transmit the remittitur in such case to Clerk of Hancock Superior Court, where it shall be made the judgment of said court as having jurisdiction therein. Motions for new trial. Remittiturs. Section 5. Be it further enacted by the authority aforesaid, that all executions, judgments and other final processes issued from said City Court of Sparta prior to the date when this Act becomes effective are not affected hereby, but are and remain of full binding force and effect. Judgments, etc., not affected. Section 6. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933.

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SWAINSBORO CITY COURT SALARIES, ETC. No. 64. An Act to reduce the salaries and fees and compensation of officers and employees of the City Court of Swainsboro, to conform to the Provisions of the Original Act creating said Court; to provide for the amount of compensation not otherwise provided for to be fixed by order of the County Commissioners of Emanuel 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 on and after July 1, 1933, that the Act of the General Assembly of Georgia approved August 21, 1916, creating the City Court of Swainsboro, No. 566, Georgia Laws 1916, pages 297-314, inclusive, shall be enforced with reference to salaries and fees and compensation of officers and employees of said Court, except as hereinafter provided. Salaries, fees. Section 2. Be it further enacted that all laws general, special, or local enacted increasing the salary of the Judge or the Solicitor, or the fees of the Sheriff, Clerk, or other officers or employees, since the date of the approval of the said original act are hereby repealed to take effect July 1, 1933, and no salary, fee or compensation of any kind whatever shall after said date of July 1, 1933, be paid other than as provided for by said original Act except as hereinafter excepted. Section 3. Be it further enacted that the exception herein provided for is with reference to the last three lines of section 44 of said Act which reads as follows: For other services not herein provided for the Judge of said City Court may, by order, fix the amount of compensation. Be it enacted that said provision be stricken and that in lieu thereof there be inserted the following: For other services not provided for the County Commissioners of Emanuel County may by order fix the amount of compensation.

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Section 4. Be it further enacted that when this Act shall be in force that there shall be no other exceptions as to salaries, fees or compensation, or emoluments other than the exception as provided in section 3 herein amending section 44 with reference to the fees of the Sheriff. Section 5. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 22, 1933. SYLVANIA CITY-COURT AMENDMENTS No. 190. A BILL To be entitled an Act to amend an Act entitled An Act to amend an Act to establish the City Court of Sylvania in and for the County of Screven, approved December 15, 1902, as found in Georgia Laws of 1902, commencing on page 162 and ending on page 174, and as amended from time to time thereafter, said Act being approved July 31, 1929, as found in Georgia Laws of 1929, commencing on page 481 and ending on page 486, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that an Act entitled An Act to amend an Act to establish the City Court of Sylvania in and for the County of Screven, approved December 15, 1902, as found in Georgia Laws of 1902, commencing on page 162 and ending on page 174, and as amended from time to time thereafter, said Act being approved July 31, 1929, as found in Georiga Laws of 1929, commencing on page 481 and ending on page 486 be amended by striking from Section

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5, page 483, of said Act the following words The Judge of said City Court of Sylvania shall receive a salary of eighteen hundred ($1800) dollars per annum, and the solicitor of said court shall receive a salary of twelve hundred ($1200) dollars per annum, which salaries shall be paid monthly out of the treasury of Screven County, and inserting in lieu thereof the following words The Grand Jury at the May term of the Superior Court of Screven County each year shall fix the salary for the succedding twelve months of the Judge and Solicitor of the City Court of Sylvania, and the salary for the Judge of said City Court shall not be less than twelve hundred ($1200) dollars per annum nor more than eighteen hundred ($1800) dollars per annum, and the salary of the Solicitor of said Court shall not be less than six hundred ($600.00) dollars per annum, nor more than twelve hundred ($1200.00) dollars per annum, and said salaries shall be paid monthly out of the treasury of Screven County; and provided further, that should the Grand Jury at any May term fail to fix the said salaries that the minimum salary herein provided for both Judge and Solicitor shall be paid. Section 5 as amended then to read as follows: Section 5. That there shall be a Judge and a Solicitor of the City Court of Sylvania, whose terms of office shall be four years, and said officers shall be elected in the same manner as other county officers are now elected. Said Judge and Solicitor to be elected under the provisions of this Act shall take office at the expiration of the terms of the present incumbents, and the ordinary of said county shall call an election to be held not less than thirty days prior to the expiration of the terms of the present incumbents, for the purpose of electing their successors, of which election the ordinary shall give thirty days' notice by advertising the said election for four weeks prior to same in the newspaper in Screven County, Georgia, in which the Sheriff's advertisements are published. Said election shall be held in the same manner and returns of same made in the same manner as other elections for county officers. The term for

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which said judge and solicitor shall be elected in said special election shall be from the expiration of the terms of the present incumbents until January 1, 1933. Their successors shall be elected in the general election to be held for county officers in 1932. Should any vacancy occur in either of said offices, the ordinary of Screven County may by appointment fill such vacancy until an election can be called by the ordinary after such vacancy occurs, and said ordinary shall call an election to be held within thirty days from the time said vacancy occurs. All officers elected under this Act shall serve until their successors are elected and qualified to serve. The Grand Jury at the May Term of the Superior Court of Screven County each year shall fix the salary for the succeeding twelve months of the Judge and Solicitor of the City Court of Sylvania, and the salary for the Judge of said City Court shall not be less than twelve hundred ($1200.00) dollars per annum nor more than eighteen hundred ($1800.00) dollars per annum, and the salary of the Solicitor of said Court shall not be less than six hundred ($600.00) dollars per annum, nor more than twelve hundred ($1200.00) dollars per annum, and said salaries shall be paid monthly out of the treasury of Screven County; and provided further, that should the Grand Jury at any May Term fail to fix the said salaries that the minimum salary herein provided for both Judge and Solicitor shall be paid. It shall be the duty of the officers of Screven County charged with the duties of levying taxes to provide for the paying of said officers' salaries. Salary of judge. Salary of solicitor. Section 2. Be it further enacted by the authority aforesaid that this Act shall become of full force and effect only upon the failure of passage and ratification of Senate Bills Numbers 130 and 131. When effective. Section 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 March 17, 1933.

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SYLVESTER CITY-COURT AMENDMENTS. No. 196. A BILL To be entitled an Act to amend the Act entitled An Act to establish a city court in the City of Sylvester, County of Worth; to define its jurisdiction and powers; to provide for a judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleadings and practice and new trials, and writs of error therefrom to the Court of Appeals, and for other purposes, approved August 8th, 1916, published in Georgia Laws of 1916 at pages 314 to 327 inclusive, so as to change, revise and further define the jurisdiction and powers of the said court, and the pleadings, practice and procedure therein; to change and define the qualifications, powers and duties of the various officers of the said court, and change, reduce and prescribe the salaries, fees and compensations of the officers thereof; to change and revise the method of summoning, impanelling and selecting the jurors and juries of the said court, fix the number of jurors to be used in the trial of cases therein; to change and revise the terms and times of meeting of said court; and provide for the holding of regular, adjourned and special terms thereof; to repeal the act approved August 17th, 1918, published in Georgia Laws of 1918 at pages 339 to 343 inclusive, and the act approved August 7th, 1920, published in Georgia Laws of 1920 at pages 391 to 394 inclusive, both amendatory of the said act establishing the said court first above mentioned; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That the act approved August 17th, 1918, published in Georgia Laws of 1918 at pages 339 to 343 inclusive,

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entitled An Act to amend an Act approved August 8th, 1916, entitled an act to establish a city court in the City of Sylvester, County of Worth; to define its jurisdiction and powers; to provide for a judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials and writs of error therefrom to the Court of Appeals, and for other purposes; by amending tht part of Sections 14, 15, 16, 17 and 18 of said act providing for the payment and fixing the compensation for the clerk and sheriff of said court; and by providing in lieu thereof for the fixing and payment of compensation for the clerk and sheriff of said court; to provide for writs of error from the City Court of Sylvester to the Court of Appeals, and for other purposes, be, and the said amendatory act is hereby wholly repealed and annulled. Pay of clerk and sheriff. Writs of error. Section 2. That the act approved August 7th, 1920, and published in Georgia Laws of 1920 at pages 391 to 394 inclusive, entitled An Act to amend and Act approved August 17th, 1918, entitled an Act to establish a City Court in the City of Sylvester, County of Worth, to define its jurisdiction, powers, etc., so as to change and fix the salaries of the Judge and Solicitor of said Court; to provide for the drawing of juries, and for other purposes, be, and the same is hereby, wholly repealed and annulled. Salaries of judge and solicitor. Section 3. That the said original act creating the said court, approved August 8th, 1916 (Acts 1916, pages 314-327), be and the same is hereby reenacted and made of force throughout as written, except as hereinafter by this act changed and amended. Act of 1916 reenacted. Section 4. That Section 4 of the said original act be, and the same is hereby, repealed and stricken in its entirety, and the following section hereby enacted and substituted in the place therof, to wit: Section 4. Be it further enacted by the authority aforesaid, that the Judge of the said City Court of Sylvester

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shall be entitled to and receive a salary of ninety dollars per month, due and payable on the first day of each calendar month for the previous month's service, same to be paid from the treasury of the said county; and this salary shall be the full compensation of the judge of said court, except only certain fees hereinafter prescribed. Judge's salary, fees. Section 5. That the last part of Section 5 of the said original act, reading as follows: Said judge shall not practice law in the courts of Worth County, except that he is authorized to finish all business in which he has been retained before the passage of this Act, be and the same is hereby repealed and stricken, and the following hereby enacted and substituted therefor, the same to appear at the end of said original Section 5 and be designated as Section 5-A as follows: Section 5-A. The judge of the said court shall not practice law in any of the courts of Worth County, except in the Superior Court of said county in such matters as come within the provision of the Constitution and laws of the State of Georgia giving the Superior Court exclusive jurisdiction, and in matters involving the investigation of land titles, passing on same, making the certifying abstracts of titles to realty, preparing and approving deeds, contracts, notes and other documents pertaining to the sale and transfer of realty, creating liens thereof, foreclosing and enforcing the same, and otherwise pertaining to land titles and realty; and he shall be at liberty to do general practice of law in all of the courts outside of Worth County. Practice of law by judge, how limited. Section 6. That Section 9 of the said original act be, and the same is hereby, repealed and stricken in its entirety, and the following section hereby enacted and substituted in lieu thereof, to wit: Section 9. Be it further enacted by the authority aforesaid, that the Solicitor of the said City Court of Sylvester shall be entitled to and receive a salary of sixty dollars per

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month, the same to be due and payable on the first day of each calendar month for the previous month's service, from the county treasury of said county; said salary to be his full compensation, except such fees as he receives from the Court of Appeals in cases appealed from said City Court. Solicitor's salary, $60 per month. Section 7. That Section 14 of the said original act be, and the same is hereby, repealed and stricken in its entirety, and the following section enacted and substituted in lieu thereof, to wit: Section 14. Be it further enacted by the authority aforesaid, that the clerk of the said City Court of Sylvester shall be entitled to charge and collect fees for services rendered after the passage and approval of this Act at and in accordance with the schedule of fees as fixed by section 5995 of the Civil Code of Georgia of 1910, fixing fees of clerks of the superior courts, and other laws enacted by the General Assembly of Georgia prior to the year 1920 prescribing fees and compensations of the clerks of the superior courts, and the schedule of fees as existing prior to the year 1920 as to the clerks of the superior courts shall be and is hereby fixed as the schedule of fees for the clerk of said City Court, except only as changed and modified by this Act. Provided, that as to all cases filed after the passage and approval of this Act is shall not be the duty of the clerk of the said City Court to record the pleadings or record, or any part or parts thereof, in any case, on what is known and designated as the final record, except only in such cases as the judge of the court may order same to be done, and in such instances the clerk shall be entitled to fifteen cents per one hundred words for the service. Clerk's fees. Recording, when not required. The clerk of this court shall have and exercise all of the rights and remedies as now prescribed, or that may be hereafter prescribed, by law applicable to the clerks of the superior courts of the State to enforce the collection of his costs. Collection of costs.

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It shall be the duty of the clerk to prepare a schedule of the fees he is entitled to charge hereunder, giving the items and amounts, and post same at a conspicuous place in his office. Schedule of fees. Section 8. That Section 15 of the said original act be, and the same is hereby, repealed and stricken in its entirety, and the following section enacted and substituted in lieu thereof, to wit: Section 15. Be it further enacted by the authority aforesaid, that the sheriff of the said City Court of Sylvester shall be entitled to charge and collect the same fees as were fixed and prescribed by law in Section 5997 of the Civil Code of Georgia of 1910, fixing fees of sheriffs and their deputies and other laws enacted prior to the year 1918, the schedule of fees fixed by laws enacted prior to the year 1918 for sheriffs and their deputies being hereby fixed as the schedule of fees for the services rendered by the sheriff of this court after the passage and approval of this Act, except only as otherwise fixed by this Act. Sheriff's fees. The sheriff of this court shall have and exercise the same rights and remedies as now provided, or that may be hereafter prescribed, by law applicable to the sheriffs of the superior courts of the State to enforce the collection of his costs. It shall be the duty of the sheriff to prepare a schedule of the fees that he is entitled to charge hereunder, showing the items and amounts, and post the same in a conspicuous place in his office. Section 9. That Sections 16, 17 and 18 of the said original Act of 1916 be, and the same are hereby, each and all three, wholly repealed and stricken, and the following new sections enacted and substituted in the said original Act in lieu of said sections, same to read as follows, to wit: Section 16. Be it further enacted by the authority aforesaid, that the fees, costs and compensations for the services

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of each and all of the officers of the said City Court of Sylvester in criminal cases in said court shall be, and the same are hereby fixed at the same amounts, as to each item, as in cases in the Superior Courts for similar cases and services, the same schedule of fees for all services being hereby made to apply in this Court, and the bills of costs shall be made up and charged against the defendants in each and all cases in accordance with the schedule of fees fixed for the officers of the Superior Courts; and it shall be, and is hereby made, the duty and obligation of each and both the clerk and sheriff of the said Court to diligently watch after and collect all costs, fees, fines and forfeitures arising from criminal cases in said City Court of Sylvester, and promptly pay same into the treasury or legal depository of said County, with the exception only that the said officers may retain in their hands respectively the costs accruing to and received by them from the defendants in the cases known as solvent cases; and all fees, costs, fines, forfeitures and moneys of all kind brought into the hands of the officers of said Court in any manner or way from criminal cases and the like shall belong to the County of Worth, and go into the treasury or legal depository of said County as county funds, for the use of the County, with the exception only of the costs in the solvent cases as above provided. Fees in criminal cases. Section 17. Be it further enacted by the authority of the same, that in case of the settlement or nolle prosequi of a criminal case on the payment of costs, the costs and fees shall be the same as in a similar case in the Superior Court, and shall be so charged and collected, and shall be paid into the treasury or legal depository of said County of Worth by the officer or officers collecting same, and same shall belong to the County for the use of the County. Section 18. Be it further enacted by the authority of the same, that the Clerk and Sheriff of the said City Court of Sylvester shall receive as their full compensation for all services rendered by them, respectively, in criminal cases

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in said court in which no costs, fines, or forfeitures are collected, and no reasonable prospect of collecting same, such compensation for services rendered at each term of the said court in such cases as may be judged, fixed and allowed by the Board of Commissioners of Roads and Revenues of the said County, in the discretion of said Board, it being the duty of the said officers to render and file with said Board within ten days after the adjournment of each term of said Court, at which any service of this kind is rendered, a detailed and itemized statement showing all services rendered and all fees earned under the bill of fees, approved by the Judge of the Court, as a basis for the allowance and settlement made covering said term; and a copy of such bills, with the orders of allowance and receipts showing settlements, shall be filed with the Clerk of said Court and entered on the minutes thereof by the Clerk. Section 10. That Section 26 of the said original act be, and the same is hereby, repealed and stricken in its entirety, and the following section enacted and substituted in lieu thereof, to wit: Section 26. Be it further enacted by the authority aforesaid, that the judge of the said City Court of Sylvester shall have and is hereby given the duty, power and jurisdiction over the business of the said court as follows: (1) The judge shall at each monthly term convene the court at the regular time, unless providentially prevented, or there is some good cause making it imperative that the convening of the court be delayed to a later day in the term, and shall thereupon go through and call all the cases on the dockets pending for disposition, and shall dispose of all matters that can be disposed of without a jury, except such as shall be at the time continued for good cause in the discretion of the judge. And it shall be the duty of the judge, upon so convening the court at each monthly term, to require the sheriff, jailer or other person in charge of the jail of said county to furnish him a list of and bring

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before him all prisoners confined in the jail of said county charged with the offense of a misdemeanor; and in each case, where necessary and proper, he shall direct the solicitor of said court to prefer and file an accusation against the defendant, and the defendant shall be arraigned and required plead, and the case shall be disposed of in accordance with the law, at the time, unless continued for good cause in the discretion of the court; and in cases where pleas of not guilty are entered the court shall set the cases for trial and shall proceed in due course to try the cases thus set without the intervention of a jury, unless the defendant shall exercise the right here given and provided and demand a trial by jury, which demand shall be made by the defendant or his attorney in writing upon or before arraignment, and thereupon the case shall be set for jury trial and the defendant be given a trial by jury with as little delay as may be consistent with proper and economical dispatch of the business of the court and fairness and justice to the defendant. Judge's duties. Demand for jury. (2) The judge of said court is hereby given the jurisdiction and power to try all cases, civil or criminal, without the intervention of a jury, unless upon call of the case a jury is demanded by the plaintiff or defendant in a civil case, or by the defendant in a criminal case, the demand to be entered in writing at the time the case is called for trial or before. In entering the demand the party shall specifically demand a trial by twelve jurors if twelve are desired; otherwise the court shall interpret the demand to mean for a trial by six jurors, and so proceed. Trial without jury. No jury shall be summoned in said court at any term until the dockets are called and demands for jury trials have been entered, and thereupon a list or calendar of the cases in which jury trial is required has been made up for the term, and thereupon the court shall set the list of cases thus made up for trial at a later date, and shall require the jury to be summoned and empaneled and make such other

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preparation as may be necessary for the jury session of the court and for the jury trial of such cases, and so proceed, trying the cases to be tried by six jurors and those to be tried by twelve jurors on separate days as nearly as practicable in the judge's discretion. Calendar. Jury trials. (3) In all jury trials in the said court, except in cases where a trial by twelve jurors shall be specifically demanded in writing upon first and preliminary call of the case for trial, twelve qualified jurors shall be impaneled and placed upon the parties, and six jurors selected from the twelve, each party, in both civil and criminal cases, to have three peremptory strikes from the twelve, and the six remaining shall be the trial jury for the particular case. Only in cases in which trial by twelve jurors shall be demanded shall Section 38 of the said original act apply and govern. Impaneling juries. (4) In all suits on account in said court where an accounting between the parties is involved, and in all actions of every kind in the said court in which there are complications, mixed or multiple issues, or it is apparent from the pleadings that considerable time will be required in the investigation of the facts, and in all cases in which it would be consistent, were the case in the Superior Court, to appoint and refer the matter to an auditor, it shall be and is hereby made the duty of the judge presiding in this court, on motion of either party, or on his own motion and in his discretion, to pass an order and have it entered on the minutes of the court ordering and directing that the hearing and trial of the case proceed under the direction of the court pursuant to the manner of an auditor's hearing and trial, under the procedure provided by the statutes and laws applicable to and having reference to the superior courts of the State of Georgia, the law as incorporated in chapter 4 articles 1, 2, 3, and 4, sections 5127 to 5147 inclusive of the Code of Georgia of 1910, and other laws pertaining to the matter of auditors, to apply and be of full force in this court, in so far as same may be made to apply, the presiding

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judge of said City Court to act in the capacity of auditor throughout, and when his final report and findings are made and filed the matter to proceed to final conclusion and judgment in the same way as would be true if the case were in the Superior Court, all of the rules of practice, procedure, and all of the rights and remedies, as provided for by the laws applicable in cases referred to auditors in the Superior Courts of said State being hereby adopted and made applicable and of force with reference to such cases in this court, the right to final trial of contested issues by jury being preserved to parties just as in the Superior Courts in like procedure. Hearing by judge as in case referred to auditor. The judge of said court, acting in the capacity of auditor as to such cases, shall be entitled to and be allowed, same to be an item of the costs in such cases (to be received by him in addition or supplemental to his salary), the following fees, to wit: Judge's fees, when acting as auditor. For each case where less than two hundred dollars involved, the fee of $2.00; for each case in which two hundred to three hundred dollars involved, the fee of $3.00; for each case in which three hundred to four hundred dollars involved, the fee of $4.00; and in each case in which four hundred dollars or more involved, the fee of $5.00. The regular reporter of said court, or one specially appointed by the court, shall report the proceedings, evidence and findings of the court under the direction of the court, for such compensation as may be allowed by the court, not to exceed that fixed by this act as to the reporter. The judge may make up his own report of the evidence and record, in his discretion. The parties to any case, with the approval of the judge, may waive the stenographic report of the case. Section 11. That Section 43 of the said original act be, and the same is hereby, amended by adding at the end thereof the following paragraph, to wit: Each and all parties in any and all cases in the said City Court of Sylvester shall have, and are hereby, given,

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the right of appeal to the Court of Appeals of Georgia, or other Appellate Court having jurisdiction for review, the same as if the case were in the Superior Court of the said County of Worth, all of the laws, rules of practice and procedure now of force, or that may hereafter be enacted, applying and pertaining to the matter of the bill of exception, writ of error, supersedeas and the like throughout as to cases in the superior courts of the State of Georgia are hereby made applicable and of force as to cases in the said City Court of Sylvester in all respects, and shall govern accordingly, so that said section when so amended shall read as follows, to wit: Appeal to reviewing court. Section 43. Be it enacted by the authority aforesaid, that the said City Court shall have the power to grant a new trial in cases upon all grounds and conditions, laws and regulations, governing the granting of new trials in the superior court. All rules of pleading, practice and procedure governing motions for new trial, rules nisi, and other proceedings in regard to new trials in the superior court shall apply to and govern the same in the City Court. Each and all parties in any and all cases in the said City Court of Sylvester shall have, and are hereby given, the right of appeal to the Court of Appeals of Georgia, or other Appellate Courts having jurisdiction for review, the same as if the case were in the Superior Court of the said County of Worth, all of the laws, rules of practice and procedure, now of force or that may hereafter be enacted, applying and pertaining to the matters of the bill of exception, writ of error and the like throughout as to cases in the Superior Courts of the State of Georgia are hereby made applicable and of force as to cases in the said City Court of Sylvester in all respects, and shall govern accordingly. Section 12. That in the event it should be determined that any section, paragraph, subparagraph, part or portion

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of the said original act as hereby amended, or of this amendatory act considered alone, as invalid or not enforcefor any cause or reason, the same shall not affect any other part or portion thereof, but any and all other parts shall be and remain of full force and effect. Act not invalidated by invalid part. Section 13. That all laws and parts of laws in conflict with this act be, and same are hereby, repealed. Approved March 21, 1933. THOMSON CITY COURT ABOLISHED. No. 9. An Act to repeal an Act entitled An Act to establish the City Court of Thomson in and for the County of McDuffie; to define its jurisdiction and powers; to provide for the election of the Judge and Solicitor thereof, and define their powers and duties, and to provide for their compensation; to provide for a Clerk and Sheriff therof and prescribe their duties and fees; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved August 14, 1920, and all 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 an Act entitled An Act to establish the City Court of Thomson in and for the County of McDuffie; 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 trials therein, and writs of error therefrom, and for other purposes, approved August 14, 1920,

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and all Acts amendatory thereof, be and the same is hereby repealed upon passage of this Act. Abolition of court. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the said City Court of Thomson in and for the County of McDuffie, be and the same is hereby abolished; this Act to take effect upon the passage thereof. Section 3. Be it further enacted by the authority aforesaid, that all civil cases pending in the City Court of Thomson at the time of the passage of this Act, shall be immediately transferred to the Superior Court of McDuffie County, to be disposed of as other cases therein, according to law, said transferred cases standing for trial at the next regular term of said Superior Court of McDuffie County, held after the passage of this Act; provided, however, that all civil cases pending in the City Court of Thomson at the time of the passage of this Act, that have not yet reached the appearance term in said court, shall be for trial at the second regular term of the Superior Court of McDuffie County after the passage of this Act, the first term thereof to be considered as the appearance term for said cases. All criminal cases in said court shall be transferred to said superior court to be disposed of as other criminal cases therein, according to law. All civil and criminal jurisdiction which was formerly held by said City Court of Thomson is hereby transferred to the Superior Court of McDuffie County. Transfer of cases. Section 4. Be it further enacted by the authority aforesaid, that mesne and final process from the City Court of Thomson shall be returned to the Superior Court of McDuffie County; and all claims, illegalities, and other issues arising from the execution of such process shall be returned to said superior court and tried as other cases therein, according to law.

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Section 5. Be it further enacted by the authority aforesaid, that mesne and final process from the City Court of Thomson, in execution when this Act goes into effect, shall be executed by the sheriff of McDuffie County or one of his lawful deputies, and the validity of all liens obtained in said City Court of Thomson is hereby ratified and retained. Section 6. Be it further enacted by the authority aforesaid, that all dockets, minutes, records, and papers of the City Court of Thomson shall, immediately after the passage of this Act, be by the Clerk of the City Court of Thomson, turned over and placed in custody of the Clerk of the Superior Court of McDuffie County. Records. Section 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 February 2, 1933. WASHINGTON CITY COURT, ELECTION TO ABOLISH. An Act to repeal an Act entitled An Act to establish the City Court of Washington, in and for the County of Wilkes, to define its jurisdiction and powers, to provide for the election of a Judge and Solicitor thereof, and the appointment of other officers, to define their powers and duties, and for other purposes approved August 9, 1905; to repeal all Acts amendatory thereof; to provide for the disposition of business pending 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 authority of the same, that an Act entitled An Act to establish the City Court of Washington, in and for the County of Wilkes, to define its jurisdiction and powers, to provide for

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the election of a judge and solicitor thereof, and for the appointment of other officers, to define their powers and duties, and for other purposes, approved August 9, 1905, as found on pages 399 through 413 of the Acts of 1905, and all Acts amendatory thereof, be and the same are hereby repealed, and said court abolished. Abolition of court, election as to. Section 2. Be it further enacted by the authority aforesaid, that all books, dockets, records, papers, and all matters of whatsoever nature on file and among the records of said City Court of Washington, and all suits and cases, both civil and criminal, and all illegalities, claims, answers to garnishments, and all other proceedings growing out of any execution, decree, or order of said Court, and all mesne and final processes, and all business of whatsoever nature connected with said City Court of Washington, shall be transferred and returned to the Superior Court of Wilkes County, Georgia, to become a part of the business pending therein and disposed of according to law and the rules of said Superior Court. Transfer of cases. Section 3. 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 Wilkes County, Georgia, under the law for special elections. Said election shall be held within sixty days from the approval of this Act, notice of which election shall be published in the News-Reporter where sheriff's sales are advertised and posted at the Court House door in Wilkes County thirty days prior to said election and all expenses of said publication and election shall be borne by Wilkes County. All voters of Wilkes County who are qualified to vote for members of the General Assembly shall be eligible to vote in said election, and shall have written or printed on their ballots For City Court and Against City Court. The managers shall be appointed by the Ordinary for said election and shall make their returns to the Ordinary, who shall canvass the same and certify and publish the result. If a

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majority of the votes cast at said election shall be against the City Court and this Act thereby ratified, this Act shall become effective December 1, 1933, otherwise this Act shall not become effective. Referendum. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1933. WHIGHAM CITY COURT ABOLISHED. No. 18. An Act to abolish the Act creating the City Court of Whigham; and for other purposes. Section 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 21st, 1906, creating the City Court of Whigham, be and same is hereby stricken and repealed in its entirety, and said Court is hereby abolished. All cases and all matters therein pending are hereby transferred to the City Court of Cairo. Abolition of court, transfer of cases. Section 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 February 15, 1933. WILKINSON COUNTY COURT ESTABLISHED. No. 192. An Act create a County Court for the County of Wilkinson; to define the powers and jurisdiction thereof; to define the powers, duties and qualifications of the judge and solicitor thereof; and to provide for their compensation; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, That, from and after the passage of this Act, there shall be created for and in the county of Wilkinson, a court, to be known as the county court of Wilkinson County. Said court shall be a court of record, and have jurisdiction throughout the county of Wilkinson as follows: Court created. First, the jurisdiction of said court shall extend to all civil cases of contract or tort (save when exclusive jurisdiction of any case is vested in the Superior Court) when the principal sum claimed in cases of contract or damages, or claimed in cases of tort, does not exceed five hundred dollars, nor less than fifty. Jurisdiction. Second, to try all offenses committed in the County of Wilkinson for which the offender is not punished capitally, or by imprisonment in the penitentiary, which criminal jurisdiction shall be exercised as hereinafter set forth. Section 2. Be it further enacted by the authority aforesaid, that said court shall be held once in each month for the trial of civil business, the time to be fixed by the Judge of said court, but when once fixed shall not be changed thereafter without first giving public notice thereof, by publishing the same for four weeks in the county paper or the paper (if none is published in said county) where the sheriff's sales for said county are published. That each session of said court shall continue from day to day until all the business on the docket of said court is disposed of for the term. The Judge of said court may adjourn the same, or hold adjourned sessions thereof as provided by law for holding adjourned sessions of the Superior Court. Terms of court. Section 3. Be it further enacted by the authority aforesaid, that the provisions of Section 4170 to 4277, both inclusive, of the Civil Code of 1895, as now embodied in Sections 4775 (1) to 4775 (48) of Michie's Code of 1926, and the provisions of Sections 735 to 776, both inclusive, of the Penal Code of 1895, as now embodied in Sections

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790 (2) to 790 (43) of Michie's Penal Code of 1926, so far as applicable, and as not otherwise provided by this Act, shall be, and the same are hereby made, applicable to said county court of Wilkinson County and the procedure in said court, and the institution, trial and disposition of civil and criminal cases shall be governed by the provisions of law herein referred to, except, where otherwise provided by this Act. Laws applicable. Section 4. Be it further enacted that the judge of said court shall receive for his services, and in lieu of all other compensations the following fees: For the trial and disposition of all civil cases, the same to be exclusive of all other fees for such services, the sum of $4.00; for issuing warrants and hearing the same as a committing court, the same fees as are now allowed justices of the peace for such services; for hearing every criminal case on accusation, or indictment, to be exclusive of all other compensations for such services, the sum of $5.00; for issuing each subpoena, $0.15. The fees of said judge shall be taxed in the bill of cost against the party cast in the suit and fines and forfeitures collected in said court shall be applied to the payment of fees in criminal cases. Provided, however, that the grand jury of Wilkinson County, may fix a salary for the judge of said court in lieu of said fees; and in that event the fees herein fixed shall be paid into the county treasury. Judge's fees. Section 5. Be it further enacted that the sheriff and bailiff shall receive the same fees as now fixed by law for like services in committal courts, and the superior courts, such fees to be taxed in the bill of costs against the parties cast in the suit; and fines and forfeitures collected in said court, shall be first appropriated to the payment of insolvent criminal costs in said court, the remainder to be paid over by said county judge to the county treasurer for county purposes. The said court shall have jurisdiction to forfeit criminal bonds referred to said court without regard to the amount thereof and to enforce the collection of the same. Fees of sheriff, bailiff. Bond forfeiture.

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Section 6. Be it further enacted by the authority aforesaid, that the judgments of said county court shall be subject to review by certiorari as now provided by law in such cases. Certiorari. Section 7. Be it further enacted by the authority aforesaid, that the Ordinary of Wilkinson County shall be, and he is hereby made, the judge of said county court of Wilkinson County, by virtue of his office as such ordinary, and he shall have all the powers and authority conferred upon said judge by this Act, or by law, in the performance of the duties imposed by this Act or by law upon said judge of said county court. Ordinary to be ex-officio judge; powers. Section 8. Be it further enacted by the authority aforesaid, that immediately after the passage of this Act the Governor of this State, by and with the advice and consent of the Senate, shall appoint and commission some practicing attorney, who is a citizen of said county, solicitor for said court, to be styled solicitor of the court, and who shall, before entering upon the duties of his office, besides the oath required of all civil officers take in addition the following, viz.: I do swear that I will faithfully and impartially, and without fear, favour or affection, discharge my duties as county solicitor, and will take only my lawful fees of office; so help me God. His term of office shall be for four years, unless when appointed to fill an unexpired term, and said county solicitor shall be liable to all the penalties fixed by law for the Solicitor-General of said State, for the failure to perform their official duties or for malpractice in office. Solicitor; appointment, duties, oath. Term of office. Section 9. Be it further enacted that the said solicitor shall receive, as compensation for his services the fees prescribed by the provisions of law referred to in Section 3 of this Act. Solicitor's fees. Section 10. Be it further enacted by the authority aforesaid, that all civil and criminal cases in said court shall be heard and disposed of by said judge without the intervention

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of a jury unless a jury trial is demanded by the State or the defendant in criminal cases, or by a party to the cause in civil cases. Trial without jury. Section 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 March 17, 1933.

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TITLE II. COUNTIES AND COUNTY MATTERS. ACTS. Appling Commissioners' Election. Appling Quail and Turkey Hunting. Atkinson Commissioner's Salary. Barrow Treasury-Depository. Barrow Tax-Commissioner. Ben Hill Commissioners; Amending Act. Berrien Financial Statements; Salaries, etc. Bibb Commissioners; Amending Act. Bibb Road Commissioners; Repealing Act. Bleckley Sheriff's Bond, Amount of. Brantley Commissioners' Clerk. Brantley Sheriff's Bond; Amount Reduced. Brantley Tax-Commissioner's Bond; Compensation. Brantley Tax-Commissioner's Bond; Compensation. Brantley Treasury Depository. Brooks Tax-Commissioner; Referendum. Candler Board of Commissioners Abolished. Candler Board of Commissioners Created. Chatham Land Sale. Chatham Treasury-Depository. Chattooga Board of Commissioners. Chattooga Treasury-Depository. Clarke Treasury-Depository; Referendum. Clay Sheriff's Bond Reduced. Clinch Board of Commissioners Abolished. Clinch Board of Commissioners Created. Cobb Tax-Commissioner; Referendum. Cobb Treasury-Depository; Referendum. Coffee Tax-Commissioner's Salary. Colquitt Tax-Collector and Receiver; Offices Abolished. Colquitt Tax-Commissioner; Office Created. Colquitt Treasurer in Lieu of Bank. Cook Tax-Commissioner. Coweta Tax-Commissioner. Crawford Sheriff's bond; Amount. Crisp Salaries in Lieu of Fees. Dade Commissioners; Board Abolished. Dade, Road Law Inoperative in. Dooly Fund from Highway Certificates. Dodge Tax-Commissioner. Dougherty Tax-Commissioner; Referendum. Early Board of Commissioners Abolished. Early Board of Commissioners Created. Early Sheriff's Bond Reduced.

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Early Treasurer's Salary and Bond. Early Treasury-Depository. Echols Commissioners; Clerk; Attorney. Echols Depository, Checks on. Emanuel Treasury-Depository. Franklin Sheriff's Bond; Amount. Fulton Commissioners; Vacancy; Election. Glynn Tax-Commissioner; Referendum. Gordon Commissioner and Clerk; Salaries. Gordon Tax-Commissioner's Salary. Greene School-Fund, Payment of. Greene Sheriff's Bond; Amount. Habersham Highway Certificates; Referendum. Hall Bonds Unsold; Cancellation. Hancock Treasury-Depository. Hart Sheriff's Bond; Amount. Heard Commissioner's Office Created. Irwin Commissioner's Office Abolished. Irwin Board of Commissioners Created. Jackson Commissioner; Chairman's Bond. Jackson Treasurer's Bond; Amount. Jasper Tax-Commissioner. Jasper Treasury-Depository. Jenkins Sheriff's Bond Reduced. Lamar Nomination of Candidates. Lanier Commissioner's Office Abolished. Lanier Commissioners; Board Created. McIntosh Tax-Commissioner. Meriwether Commissioners' Compensation and Clerk. Meriwether Tax-Commissioner. Meriwether Treasurer's Salary. Miller Sheriff's Bond Reduced. Mitchell Tax-Commissioner's Compensation. Montgomery Sheriff's Bond Reduced. Montgomery Sheriff's Bond Reduced. Monroe Sheriff's Bond Reduced. Morgan Sheriff's Bond Reduced. Morgan Wire Fishing Baskets. Murray Commissioner's Office Abolished. Murray Commissioners' Board Created. Murray Tax-Commissioner. Muscogee Depositories' Bonds. Oconee Commissioners' Compensation. Pierce Quail Shooting. Pierce School Superintendent, Electors of. Pierce Tax-Commissioner's Bond. Pierce Tax-Commissioner's Bond. Pierce Treasury-Depository's Bond; Deposits. Randolph Depository; Disbursing Agent. Richmond Attorney for Education Board. Richmond Civil Jurisdiction; Repealing Act. Richmond, Text-Book Law Applied to. Rockdale Sheriff's Bond Reduced. Rockdale Wire Fish Baskets. Schley Commissioners and Clerk. Schley Sheriff's Bond Reduced. Seminole Commissioners, Election of.

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Spalding County-Depository Act Amended. Stewart Tax-Commissioner. Sumter Commissioners; District Elections. Taliaferro Sheriff's Bond Reduced. Taylor Commissioners; District Elections. Taylor Tax-Commissioner. Taylor Treasurer's Office Abolished. Taylor Treasury-Depository. Thomas County Purchasing Committee. Thomas Hunting of Cat Squirrels. Tift Tax-Commissioner's Bond. Tift Treasury-Depository's Bond. Toombs Board of Commissioners Abolished. Toombs Commissioner; Office Created. Turner Tax-Commissioner's Bond. Twiggs Board of Commissioners Created. Union Audit of Finances. Union Sheriff's Bond Reduced. Union Sheriff's Bond Reduced. Union Treasury-Depository. Walker Commissioners; Election as to Repeal. Walker Commissioners; New Board. Walker Tax-Commissioner. Walton Sheriff's Bond. Amount of. Washington Commissioners; Amending Act. Washington County Council Established. Washington Solicitor as County Attorney. Washington Tax-Commissioner. Webster Commissioner; Amending Act. Wheeler Sheriff's Bond Reduced. Wheeler Sheriff's Bond Reduced. Wheeler's Treasurer's Bond Reduced. Wheeler's Treasurer's Bond Reduced. White Board of Commissioners Abolished. White Board of Commissioners Created. White Treasurer's Bond; Amending Act. Wilcox Board of Commissioners Abolished. Wilcox Board of Commissioners Created. Wilkinson Board of Commissioners Abolished. Wilkinson Board of Commissioners Created. Worth Commissioners; Amending Act. Worth Tax-Commissioner. APPLING COMMISSIONERS' ELECTION. No. 289. An Act to amend an Act approved July 29, 1915, creating a Board of County Commissioners for Appling County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, that Section 5 of said Act be amended by adding at the end of Section

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5 the following: Provided, however, that the nomination and election of said each commissioner shall be limited to the districts designated, and not apply to the county as a whole. Commissioners limited to districts designated. Section 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 March 24, 1933. APPLING QUAIL AND TURKEY HUNTING. No. 268. An Act to prohibit the hunting of quail and turkey during the hunting seasons only on specified days in Appling 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 hunting of quail and turkey during the hunting season be limited to two days weekly, namely Monday and Friday during the hunting season. Hunting to be on Monday and Friday. Section 2. Be it further enacted, that a violation of this Act be a misdemeanor and punished as the same. Punishment. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. ATKINSON COMMISSIONER'S SALARY. No. 296. An Act entitled: An Act to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson; to provide for the election of such

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Commissioner; to define his duties and provide his compensation; to provide a clerk for said commissioner; to provide for the proper supervision of his accounts and the auditing of his books; to provide for two advisors, to define their duties, and provide their compensation; and for other purposes, so as to authorize the grand jury of Atkinson County to fix the salary of the Commissioner of Roads and Revenues for said County; and so as to fix the salary of the advisors to said commission. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the following symbols and figures at the end of the fourth line of Section 6 of said Act, to wit: ($100.00), be and the same is hereby stricken, and in lieu thereof the following symbols and figures: $180.00, substituted, so that said paragraph as amended will read: Section 6. The salary of the Commissioner of Roads and Revenues of Atkinson County shall be $1,500.00 per annum, plus actual necessary expenses, and the advisors to said commissioner shall each receive the sum of $180.00 per annum. The salary of the commissioner and the amount to be paid to his advisors may be apportioned and paid in monthly installments. Salaries of commissioner and advisors. Section 2. Be it further enacted by the authority aforesaid, that Section 6 of the above-entitled Act be further amended by adding thereto the following subparagraphs, to wit: (a) That it shall be the duty of the grand jury of Atkinson County, which convenes at the first regular term of the Superior Court in 1934 in and for said county, to wit: on the third Monday in February, 1934, by a majority vote of its body, to fix the salary of the Commissioner of Roads and Revenues of Atkinson County, to be effective from the first day of January, 1935, until the 31st day of December, 1936. Fixing salary by grand jury in 1934.

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(b) That it shall further be the duty of said grand jury, which meets at the same term each two years thereafter, to fix the salary of said Commissioner of Roads and Revenues of Atkinson County, for the regular term of said commissioner, which will begin on the first day of January, after the term of court above referred to. Future salary fixing. (c) That the salary to fixed shall not be less than $1,000.00 per annum, nor more than $1,500.00 per annum; which may be apportioned and paid in monthly installments; and which amount so fixed shall include any and all personal expenses of said commissioner. Salary limit. (d) That it shall further be the duty of said grand jury, upon fixing said salary at the time and in the manner hereinbefore prescribed, to report such acts and doings to the Judge of the Superior Court of said county along with the usual recommendations of said grand jury; and such acts and doings shall be recorded on the minutes of the Superior Court of said county. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that this Act shall become effective upon the passage and approval of the same. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. BARROW TREASURY-DEPOSITORY. No. 370. An Act to abolish the office of county treasurer of Barrow County, Georgia; to provide for the selection of a county depository for the funds of said county; to prescribe the duties and liabilities of such depository; to provide for

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the appointment of some person to act in lieu of such depository when necessary, and to fix his salary, duties, and liabilities; to provide the duties of the ordinary of said county relative to the objects of this 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 after the 31st day of December, 1936, or sooner if the office of county treasurer should become vacant, the office of county treasurer of the County of Barrow of the State of Georgia, be and the same is hereby abolished. Office abolished after 1936. Section 2. Be it further enacted by the authority aforesaid, that the ordinary of said county shall, as soon as this Act takes effect, and annually thereafter, designate some solvent chartered bank in said county as a depository of all county funds in such county which are now required to be paid over to the county treasurer, and such depository shall select under such rules and regulations as may be prescribed by said ordinary, not inconsistent with the terms of this Act or existing laws; such depository shall, however, be required to deposit with the ordinary a good and sufficient bond or security in the amount to be fixed by said ordinary, as surety for the performance of its obligations hereunder. In the event such bond given should be executed by a solvent surety company with the approval of the ordinary, the cost of premium for securing said bond may be paid out of county funds. County depository. Section 3. Be it further enacted by the authority aforesaid, that on January 1st, 1937, the county treasurer shall pay over to said depository all funds in his hands belonging to said county, together with all books, records, and documents pertaining to his office. Transfer of funds, etc. Section 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

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treasurer shall be paid by said county depository; and after this Act goes into effect all such orders or warrants shall be drawn on said county depository. All laws applicable to county treasurers shall become applicable to said county depository, and all the duties of the county treasurer shall be performed by said county depository. The books and accounts of said county depository covering funds shall be subject to inspection at all times by the county ordinary and the grand jury of said county, or any one acting under their direction. Warrants, etc. Inspections. Section 5. Be it further enacted by the authority aforesaid, that in the event the bank selected or appointed by the ordinary hereunder to act as depository should fail to qualify by giving the bond herein required, or in the event no bank in the county will accept such appointment, then the ordinary of the county may appoint and designate, in his discretion, some citizen of said county to discharge such duties, subject to all of the requirements of this Act relative to banks if appointed, except if the citizen should be appointed under the provisions hereof he shall be paid a salary not to exceed $120.00 per annum, the same to be payable quarterly. Bank's failure to qualify; appointment of citizen, salary. Section 6. Be it further enacted by the authority aforesaid, that the ordinary of said county is hereby empowered and authorized to levy sufficient additional taxes for the payment of the salary of said county treasurer or such person as may be appointed under the provisions hereof; provided it becomes necessary under the terms hereof to appoint a citizen to perform said duties in lieu of a chartered bank. Tax to pay salary. Section 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 March 24, 1933.

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BARROW TAX-COMMISSIONER. No. 75. An Act to abolish the offices of tax-receiver and tax-collector of Barrow County, Georgia; to create the office of tax-commissioner of Barrow County, Georgia; to fix the term and compensation of said office, the method and time of payment thereof; to prescribe and define his duties, powers, and liabilities; to provide for the election of said tax-commissioner, the method of filling vacancies; to clothe the said tax-commissioner with all the powers and authorities of sheriff of Barrow County, Georgia, in respect to the levy of tax fi. fas. issued by him, and in conducting sales and executing conveyances by virtue of such sales; and to provide for the compensation of such tax-commissioner in respect to such services; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the office of tax-receiver and the office of tax-collector of Barrow County, Georgia, be and the same are hereby abolished, and the office of tax-commissioner of Barrow County, Georgia, is hereby created in lieu thereof, as authorized by amendment to the Constitution of Georgia, approved August 18, 1924, and ratified as constitutional amendment article eleven, section three, paragraph one; it being herein specifically provided, designated, and declared that such abolishment and consolidation of the offices of tax-receiver and tax-collector of Bartow County, Georgia, shall not take effect until the expiration of the present terms of the officers, or their successors in case of a vacancy, now holding the respective positions. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner of and for Barrow County, Georgia, is hereby created in lieu of said abolished

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offices, and the rights, duties, and liabilities of the tax-commissioner of Barrow County, Georgia, shall be the same as the rights, duties, and liabilities now or that may hereafter be inherent in the offices of tax-receiver and tax-collector of this State, in so far as the same are applicable except as herein specifically provided. The rights, duties, and liabilities of said tax-commissioner, in so far as they relate to the collection and accounting for tax funds, the manner of settlement with record to such collections, and the penalties attached to failure to properly account for such funds, shall be governed by the different laws of the State as they are now or may hereafter be fixed in respect to tax-collectors. Laws applicable. Section 3. Be it further enacted by the authority aforesaid, that the first election for tax-commissioner of Barrow 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 1936, and every four years thereafter, and that the person so elected at said election shall enter upon the duties of the office hereby created on January 1st, 1937, and shall serve for a term of four (4) years. If a vacancy in said office shall occur, then the office shall be filled in the same manner as vacancies are filled in other county offices. Election in 1936. Term 4 years. Vacancy. Section 4. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said tax-commissioner of Barrow County, Georgia, shall take and subscribe the oath now prescribed by law for tax-receivers and tax-collectors in Georgia, and shall give bond, with some reputable bonding company doing business in the State of Georgia as surety, in an amount to be fixed by the ordinary of said county, payable to the Ordinary of Barrow County, Georgia, conditioned for the faithful performance of his duties as such county tax-commissioner, which bond must be filed with and approved by said ordinary, and recorded as other officers' bonds. The said tax-commissioner

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shall also be required at the same time and in the same manner, to execute bond as required by law, payable to the Governor, or his successor in office, in a sum equal to one half () of the State tax estimate to be due from Barrow County, Georgia, for the year for which said officer is required to give bond, the same to be filed and conditioned as bonds of tax collectors for State taxes are by law required to be done. Oath, bond. Section 5. Be it further enacted by the authority aforesaid, that the salary or compensation of said tax-commissioner of Barrow County, Georgia, shall be fifteen hundred ($1,500.00) dollars per annum, same to be paid monthly upon warrants issued by the Ordinary of said Barrow County, Georgia. Salary $1500. Section 6. Be it further enacted by the authority aforesaid, that the Ordinary of Barrow County, Georgia, is hereby authorized and empowered 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. Section 7. 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. heretofore issued by the tax-collector of Barrow County, Georgia, shall have full force and effect, and be collectible as issued, and all fees and costs already accrued shall be paid to the outgoing officers, but subject to limitations hereinafter provided. Tax fi. fas. Section 8. Be it further enacted by the authority aforesaid, that all fees, costs, commissions, and other compensation heretofore allowed the tax-receiver and tax-collector of Barrow County, Georgia, for the return and collection of taxes in Barrow County, Georgia, shall be collected by the tax-commissioner of Barrow County, Georgia, and paid over to the Treasurer of Barrow County, Georgia, when

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and as collected, or to the designated depository if there is no treasurer. Fees, etc., collection of. Section 9. Be it further enacted by authority of the same, that said tax-commissioner shall, on January 1st of each year, or as soon thereafter as practicable, notify each taxpayer, residing in Barrow County, Georgia, to make return of their property for taxation as required by law; and said tax-commissioner shall on the 10th day of October of each year, or as soon thereafter as practicable, mail to each taxpayer whose name appears on his book, at his post-office address, a statement of the amount of taxes due by him, with postage and stationery to be furnished and paid for by the county; and said tax-commissioner shall, on the 10th of December of each year, notify each taxpayer in Barrow County, Georgia, that unless his taxes are paid on or before December 20th, execution therefor will be issued. Said tax-commissioner shall not be required to make rounds to the different militia districts of Barrow County, Georgia, for the purpose of receiving and collecting taxes, as heretofore required of tax-receivers and tax-collectors. Tax notices. Not required to make rounds. Section 10. Be it further enacted by the authority aforesaid, that said tax-commissioner of Barrow County, Georgia, shall be furnished an office at the court-house of Barrow County, Georgia, and he shall be required to keep said office open for the purposes of attending to the affairs of said office, during reasonable office hours, on every day in the year, except Sundays and legal holidays. Office and hours. Section 11. Be it further enacted, that said tax-commissioner must be a resident and freeholder of Barrow County, Georgia, and must be a qualified voter of Barrow County, Georgia. Qualifications. Section 12. Be it further enacted by the authority aforesaid, that said tax-commissioner of Barrow County, Georgia, be and he is hereby required to make such reports to the State of Georgia, or the authorities thereof, as are now

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required or may hereafter be required of tax-receivers and tax-collectors of this State. Reports. Section 13. Be it further enacted by the authority aforesaid, that said tax-commissioner shall perform all the duties and be subject to all the penalties heretofore applica-collect such tax fi. fas. issued by him as may be uncollected, Georgia, and shall have authority to transact any and all business heretofore transacted by either or both of such officers in regard to closing matters left unfinished at the expiration of the present terms of tax-receiver and tax-collector of Barrow County, Georgia, except that said tax-collector of Barrow County, Georgia, at the time this Act becomes effective, shall have one year within which to collect such tax fi- fas. issued by him as may be uncollected, and said tax-collector shall receive all costs, fees, commissions, and other compensation due on such uncollected tax fi. fas., if collected within said year; and if not collected within said year, all of said costs, fees, commissions, and other compensation due on said uncollected tax fi. fas. shall be collected by the tax-commissioner of Barrow County, Georgia, and turned over to the Ordinary of Barrow County, Georgia. Duties, penalties. Section 14. 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 in 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 in Barrow County, Georgia, the provisions of the Constitution of this State as contained in article 11, section 3, paragraph 1. Invalid part of Act not invalidate whole. Section 15. The provisions of this Act shall not become effective until the same shall have been submitted to and approved by a majority of the qualified voters of Barrow County, Georgia, voting at the next general election to be held for said County of Barrow. The managers of said

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election shall make the returns of said election to the ordinary, and when consolidated he shall declare and publish the result. The ballots used at said election shall have printed thereon the following: Referendum. 1. For creating the office of Tax-Commissioner. 2. Against creating the office of Tax-Commissioner. Those favoring abolishing the offices of tax-receiver and tax-collector and creating the office of tax-commissioner shall vote For creating the office of Tax-Commissioner, and those opposed to abolishing the offices of tax-receiver and tax-collecter and creating the office of tax-commissioner shall vote Against creating the office of Tax-Commissioner. Should a majority of the qualified voters of Barrow County participating in said election vote For creating of the office of Tax-Commissioner, then this Act shall be of full force and effect, and the offices of tax-receiver and tax-collector be abolished as of January first 1937, and the office of tax-commissioner of Barrow County be established as of that date; and the ordinary shall so declare and publish. If a majority of the qualified voters of Barrow County participating in said election shall not vote For creating the office of Tax-Commissioner, then this Act shall not become effective, and the office of tax-receiver and tax-collector of Barrow County shall not be abolished, and the office of tax-commissioner of Barrow County shall not be established; and the ordinary shall so declare and publish. Section 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 February 27, 1933.

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BEN HILL COMMISSIONERS; AMENDING ACT. No. 129. An Act to amend the act creating the office of Commissioners of Roads and Revenues in and for Ben Hill County, approved August 15, 1914, by providing that the chairman of the Board of County Commissioners in and for Ben Hill County, Georgia, shall receive additional compensation for his services, and defining his powers and duties; to provide how and when said county commissioners shall be elected; to provide when their terms of office shall begin and end; and to provide when and how 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 R. L. Stone, the present chairman of the Board of Roads and Revenues in and for Ben Hill County shall continue to act and be the chairman of said board until December 31, 1934, and that J. M. Roberts shall continue to act and be the vice-chairman of said board for the same period as aforesaid, and H. D. Vaughn shall continue to act and be the commissioner for the same period as aforesaid; provided, of course, that said named R. L. Stone, J. M. Roberts, and H. D. Vaughn shall continue to serve as such members of said board during said period of time; and if a vacancy shall occur by reason of the death, resignation, or removal of any of the present members of the board of roads and revenues in and for said county, that said vacancy shall be filled by the ordinary of said county, as now provided by statute. Commissioners named. Section 2. Be it further enacted by the authority aforesaid, that the chairman of said board of roads and revenues in and for Ben Hill County, Georgia, shall be the purchasing agent of said board, and shall devote at least half his entire time to looking after the affairs of the county of

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Ben Hill which properly come under the administration and management of said board, and said chairman of said board shall have supervision of all the county affairs of said County of Ben Hill and shall take active control of the management of the county affairs of said county, and shall select the clerk of said board, the county attorney, and all employees of said county, and shall fix their compensation, and make all contracts and purchases for said county. Provided, that in the fixing of the tax levy in and for said county, in the construction and laying out of new roads, the repairing and changing of present roads, and in the making all contracts and purchases from any person, firm, copartnership, or corporation, where the amount involved exceeds three hundred dollars; the chairman shall obtain the approval of the other members of said board, except that this provision shall not apply to the salaries and compensation which said chairman is hereinbefore authorized to fix. Chairman's duties. Section 3. Be it further enacted by the authority aforesaid, that the chairman of the Board of Roads and Revenues in and for said county shall receive fifty dollars per month for his services as chairman and as county commissioner, to be paid by the treasurer of the county on an order signed by the chairman and clerk. Pay of Chairman, $50 a month. Section 4. Be it further enacted by the authority aforesaid, that the chairman of the board of roads and revenues in and for said county shall, at the regular meeting of said board in each month, lay before said board a report of all his actings and doings of the previous month. Reports. Section 5. Be it further enacted by the authority aforesaid, that in the general election in 1934, and every two years thereafter, there shall be elected a chairman of the board of roads and revenues in and for said county, a vice-chairman of the board of roads and revenues in and for said county, and a commissioner of the board of roads and revenues in and for said county, who shall constitute the

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board or roads and revenues in and for said county, who shall hold office for a term of two years from and after the first day of January following their election, and until thir successors are elected and qualified. Provided, that in said election in 1934 and in all future elections the candidates shall designate whether he is running for chairman, vice-chairman or commissioner, and the candidates for each place shall be voted on separately, and the names of said candidates shall be listed on the ballot under the place they run for; and no person shall be candidate for more than one place. Election of chairman, etc. Section 6. Be it further enacted by the authority aforesaid, that all remaining provisions of the Act creating the office of commissioners of roads and revenues in and for Ben Hill County, Georgia, approved August 15, 1914, and the amendatory Acts thereto relative to said office of commissioners of roads and revenues in and for said county, be and continue in full force and effect, except where amended by this Act or other amendatory Acts. Law applicable. Section 7. Be it further enacted by the authority aforesaid, that this Act shall become effective immediately upon its passage and approval by the Governor. Section 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 March 8, 1933. BERRIEN FINANCIAL STATEMENTS; SALARIES, ETC. No. 211. An Act amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Berrien, and all Acts amendatory thereof, so as to provide

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for the publication of a financial statement of the Board of Commissioners of Roads and Revenues of Berrien County, and invest in said board the authority to fix salaries and fees of employees of said board, and to provide penalties for failure to comply 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 same, that, beginning the first of the month following the passage of this bill, the Board of Commissioners of Roads and Revenues of Berrien County shall have full authority to fix salaries and fees of its employees, including county attorneys. Authority to fix salaries, etc. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage and approval of this Act the Board of Commissioners of Roads and Revenues of and for the County of Berrien shall publish a consolidated statement of receipts and disbursements, showing each item of receipts and disbursements in detail of all monies received and disbursed by said board of commissioners. Said statement when completed and ready for publication shall be signed by the county attorney and clerk and chairman of said board of commissioners, and before some officer duly authorized by law to administer oaths. Said statement to be published quarterly in the official newspaper of Berrien County, or by posting a copy of said statement on the bulletin-board in the Berrien County court-house and filing a copy with the clerk of Superior Court of Berrien County for public inspection; said publication to continue quarterly until this Act is repealed. Financial statement. Section 3. Be it further enacted by the authority aforesaid, that if said Board of Commissioners of Roads and Revenues of Berrien County fails to comply with this Act, it shall be guilty of a misdemeanor and punishable for that offense. Penalty for noncompliance with Act.

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Section 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 March 23, 1933. BIBB COMMISSIONERS; AMENDING ACT. No. 98. An Act to amend an Act approved February 6, 1873, appearing on pages 219 et seq. of the published Acts of the General Assembly of Georgia of 1873, and captioned, An Act to establish a County Board of Commissioners for the County of Bibb; to define its duties; and for other purposes therein named, and Acts amendatory thereof; to vest in said County Board of Commissioners for the County of Bibb power and authority to fix the salaries and compensation of all officers, employees, or other persons whose salaries or compensation is paid out of the treasury of Bibb County; to give to said board the power and authority to determine the number of officers, deputies, or employees employed in any department or office in Bibb County where the salaries or compensation is paid out of the treasury of Bibb County and not otherwise expressly provided by law, to exercise all the power, authority and functions now or heretofore exercised by the road commissioners of said county, commonly known as the road board, including the right to repair, improve, and develop the system of public roads in Bibb County, and all other public work in said county, with convicts and with free labor; to empower said County Board of Commissioners for the County of Bibb to create the office of county comptroller, and to define the rights, powers, and duties of such officer when created; to authorize said county board of commissioners to name the warden, deputy warden, guard, physician, or any

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other officer or employee having charge, control, or direction of convicts, whose salary is payable out of the treasury of said county; to fix the salaries of the same, to regulate purchases for and on behalf of said county; and to prohibit nepotism in the selection of officers or employees of said county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved February 6, 1873, appearing on pages 219 et seq. of the published Acts of the General Assembly of Georgia of 1873, and captioned, An Act to establish the County Board of Commissioners for the County of Bibb; to define its duties; and for other purposes therein named, and Acts amendatory thereof, be amended by including therein the following provisions, to wit: Act amended. 1. Said County Board of Commissioners for the County of Bibb is authorized and empowered to fix the salaries and compensation of all officers, employees, or other persons whose salaries or compensation is paid out of the treasury of Bibb County, except where express provision is made for the fixing of such salaries by co-operation of said board and the grand jury of said county. Power to fix salaries. 2. Said board is further authorized and empowered to determine the number of officers, deputies, or employees employed in any department or office in Bibb County where the salaries or compensation is paid out of the treasury of Bibb County, except as to those officers where the grand jury cooperates with said board in fixing such number. Number of officers, etc. 3. Said county board of commissioners is further authorized and empowered to exercise all of the functions now or heretofore exercised by the road commissioners of said county, commonly known as the road board, including the right to repair, improve, and develop the system of public roads in Bibb County, and all other public works in said county with convicts or with free labor. Power as to roads.

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4. Said county board of commissioners is further authorized and empowered to employ and, at their discretion, at any time to remove a competent and experienced business executive, other than a member of said board, and delegate to him such administrative and managerial powers and duties as said board may deem proper; and such person, upon being so employed, shall have full power and authority to consolidate, correlate, and prescribe the duties of all employees of the county, and carry into effect all of the duties and powers vested in him by said board. Power to employ executive officer. 5. Said board is further authorized and empowered to fix the salary of such comptroller and change the same from time to time when and as said county board of commissioners may determine. Salary of comptroller. 6. Said county board of commissioners is further authorized and empowered to name the warden, deputy warden, guard, physician, or any other officer or employee having charge, control, or direction of convicts in said county, where the salary of such officer or employee is payable out of the treasury of said county; and, further, to fix the salaries of such officers and employees and in their discretion remove or discharge any such officer or employee at any time. Convict warden, guards, etc. Salaries. Section 2. It shall be unlawful for any member of said board, or of any committee thereof, or any officer, agent, or employee of Bibb County, to expend more money for the use of any department of said county, or for any function thereof, than has been duly appropriated therefor, except in case of providential necessity. No member of said board, or officer or employee of Bibb County, shall be interested, directly or indirectly, in any contract of the County of Bibb, or receive, directly or indirectly, any emolument or profit on account of any purchase or sale in which Bibb County may be interested. No person shall be hereafter elected, appointed, or employed by said board of commissioners, or any member thereof, to any office, agency, or employment,

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who is related within the third degree by consanguinity or affinity to any member of said board; nor shall any other board, committee, or head of any department of said county, hereafter appoint or employ any person who is so related to any member of such board, committee, or head of such department, to render service under the direction and control of such board, committee or head of department; nor shall any person be hereafter appointed or employed in any capacity on behalf of Bibb County who is so related to the person appointing or employing him. Any person knowingly violating any provision of this section, or participating in the violation of the same, or aiding or abetting the violation of the same, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Unlawful expenditures. Graft. Prohibited relationship of appointee. Punishment. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. BIBB ROAD COMMISSIONERS; REPEALING ACT. No. 34. An Act to abolish the Road Commissioners in and for the County of Bibb (commonly known as the Road Board) by repealing the Act creating said road commissioners, and all amendatory Acts thereof; to vest in the County Board of Commissioners for the County of Bibb all the rights, powers, and privileges heretofore vested in and exercised by said road commissioners; and for other purposes; the Acts repealed hereby being an Act of the General Assembly of Georgia approved December 12, 1871, captioned An Act to alter and amend the road laws of this State, so far as relate to the Counties of

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Bibb and Houston, and to authorize and require the ordinaries of said county to levy and collect a tax for road purposes, as amended by an Act approved February 22, 1873, captioned An Act to amend an Act entitled an Act to alter and amend the road laws of this State, so far as relate to the Counties of Bibb and Houston, and to authorize and require the ordinaries of said counties to levy and collect a tax for road purposes, approved December 12, 1871, so far as said Act relates to the County of Bibb; also, an Act approved February 26, 1874, captioned An Act to authorize the Road Commissioners of the County of Bibb to use the labor of certain convicts therein named, in working the public roads of said county; and for other purposes, and also an Act approved November 18, 1895, and captioned An Act to require the Road Commissioners of Bibb County to work the convict force at such times and places, and in such manner, as they may be directed by the County Board of Commissioners for Bibb County, upon the public bridges, sewers, for the benefit of the public roads, system of swamp drainage, canals, dams, open drains, ditches, and trunks, and other public works, established by the County Board of Commissioners for Bibb County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved December 12, 1871, and described as An Act to alter and amend the road laws of this State, so far as relate to the Counties of Bibb and Houston, and to authorize and require the ordinaries of said county to levy and collect a tax for road purposes, as amended by an Act approved February 22, 1873, described as An Act to amend an Act entitled an Act to alter and amend the road laws of this State, so far as relate to the Counties of Bibb and Houston, and to authorize and require the ordinaries of said county to levy and collect a tax for road purposes, approved December 12, 1871, so far

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as said Act relates to the County of Bibb, and an Act approved February 26, 1874, described as An Act to authorize the Road Commissioners of the County of Bibb to use the labor of certain convicts, therein named, in working the public roads of said county; and for other purposes, and, also an Act approved November 18, 1895, and described as, An Act to require the Road Commissioners of Bibb County to work the convict force at such times and places, and in such manner, as they may be directed by the County Board of Commissioners for Bibb County, upon the public bridges, sewers for the benefit of the public roads, system of swamp drainage, canals, dams, open drains, ditches, and trunks, and other public works established by the County Board of Commissioners for Bibb County, be and the same are hereby repealed. Repeal of Acts as to road commissioners. Section 2. Be it further enacted by the authority aforesaid, that the County Board of Commissioners for the County of Bibb is hereby vested with all the rights, powers, and privileges heretofore vested in and exercised by said Road Commissioners, with full power and authority in said County Board of Commissioners for the County of Bibb, to take over all of the property and rights of property heretofore held, used, or enjoyed by said board of road commissioners. Transfer of powers, etc., to county board of commissioners. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1933. BLECKLEY SHERIFF'S BOND, AMOUNT OF. No. 201. An Act to fix the amount of the bond of the Sheriff of Bleckley County; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the bond to be given by the Sheriff of Bleckley County, Georgia, to enable him to qualify, shall be not less than three thousand dollars and not more than five thousand dollars, to be fixed by the Ordinary of Bleckley County. Bond $3000 to $5000. Section 2. Be it further enacted by the authority aforesaid, that the ordinary of said county shall have the discretion to reduce or increase the amount of said bond at any time after the passage of this Act, within the limitations prescribed in Section 1 hereof. Power to change amount. Section 3. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 21, 1933. BRANTLEY COMMISSIONERS' CLERK. No. 113. An Act to amend an Act approved July 19, 1927, entitled 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, by striking the provisions of said Act requiring that the clerk of said Commissioners of Roads and Revenues shall be a member of such board; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act approved July 19, 1927, entitled 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;

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to define their powers and duties; to fix their compensation; and for other purposes, be and the same is hereby amended by striking from the second line of Section 10 thereof the word select and inserting in lieu thereof the word employ, and by striking from lines ten and eleven of said Section 10 the words from the membership of said board, so that said Section 10 as amended shall read as follows: Act amended. Section 10. Be it further enacted by the authority aforesaid, that said board shall employ a clerk, 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 taxpayer of the county on the first Tuesday in each month during the hours of the regular meeting of the board of said commissioners. Employment of clerk of commissioners. Section 2. Be it further enacted that said Act approved July 19, 1927, be and the same is hereby amended by striking from Section 11 thereof the words other than his regular duty as commissioner, and by striking from said section the words said additional compensation not to exceed ten dollars ($10.00) per month for any one month, so that said Section 11 as amended shall read as follows: Section 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. Pay of clerk. Section 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 March 1, 1933.

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BRANTLEY SHERIFF'S BOND; AMOUNT REDUCED. No. 219. An Act to reduce the penalty on bond of the Sheriff of Brantley County, Georgia. 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 from and after the passage of this Act, that the sheriff of Brantley County, Georgia, shall give bond in the sum of five thousand ($5,000.00) dollars for the faithful performance of his duties as sheriff, by himself or deputies and his jailers, upon the terms required by law. Sheriff's bond $5000. Section 2. That this amount shall be fixed in lieu of the sum or penalty of ten thousand dollars, fixed by section 4906 of the Civil Code of 1910. Section 3. This Act shall take effect immediately upon passage, and shall affect the present sheriff of Brantley County, Georgia, who has just begun his term. Section 4. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1933. BRANTLEY TAX-COMMISSIONER'S BOND; COMPENSATION. No. 280. An Act to amend an Act approved August 14, 1931, entitled An Act to abolish the offices of tax-receiver and tax-collector of Brantley County, Georgia; to create the office of County Tax-Commissioner of Brantley County, Georgia; to fix the term and compensation

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of said office; 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 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 Brantley County, Georgia; to provide 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 (1); and for other purposes, by providing for the payment of the compensation of said County Tax-Commissioner and by providing bond to be given by said Tax-Commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that the Act approved August 14, 1931, entitled An Act to abolish the offices of tax-receiver and tax-collector of Brantley County, Georgia; to create the office of County Tax-Commissioner of Brantley County, Georgia; to fix the term and compensation of said office; 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 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

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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 Brantley County, Georgia; to provide 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 (1); and for other purposes, be and the same is hereby amended by striking from Section 5 of said Act at the end of said section the words, and the same shall be paid proportionately monthly, as near as the same can be estimated, until the same is changed by law, and substituting in lieu thereof the words, and the same shall be paid as commissions are now paid to tax-collectors and tax-receivers, so that said Section 5 as amended shall read as follows: Act amended. Section 5. Be it further enacted by the authority aforesaid, that the compensation of the County Tax-Commissioner of Brantley County, Georgia, shall be a sum equal to seventy per cent. (70%) of the fees, commissions, and all other compensations accruing to the tax-receiver and tax-collector of Brantley County, Georgia, at the time this Act becomes operative, or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act; and the same shall be paid as commissions are now paid to tax-collectors and tax-receivers. Pay to tax-commissioner. Section 2. Be it further enacted that Section 6 of said Act approved August 14, 1931, be and the same is hereby amended by striking from said section the words in the sum of $20,000.00, 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 of the suretyship on said bond shall be paid out of the funds of Brantley County, Georgia, as part of the expense of county government,

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and substituting in lieu thereof the words in such sum and with such security as may be required by the Board of Commissioners of Roads and Revenues of Brantley County. Said bond to be approved by said board; and if the same shall be signed by a surety company authorized to do business in this State as security, the premium on said bond shall be paid by the county, so that said Section 6 as amended shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office, the said County Tax-Commissioner shall take the oath now prescribed by law for the tax-collector, and give bond in such sum and with such security as may be required by the Board of Commissioners of Roads and Revenues of Brantley County. Said bond to be approved by said board; and if the same shall be signed by a surety company authorized to do business in this State as security, the premium on said bond shall be paid by the company. Bond to be fixed by board. Section 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 March 23, 1933. BRANTLEY TAX-COMMISSIONER'S BOND; COMPENSATION. No. 112. An Act to amend an Act approved August 14, 1931, entitled An Act to abolish the offices of tax-receiver and tax-Collector of Brantley County, Georgia; to create the office of County Tax-Commissioner of Brantley County, Georgia; to fix the term and compensation of said office; 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

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tax-commissioner so far as 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 Brantley County, Georgia; to provide 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, by providing for the payment of the compensation of said county tax-commissioner and by providing bond to be given by said tax-commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act approved August 14, 1931, entitled An Act to abolish the offices of tax-receiver and tax-collector of Brantley County, Georgia; to create the office of County Tax-Commissioner of Brantley County, Georgia; to fix the term and compensation of said office; 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 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

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county tax-commissioner herein provided for, and paid into the treasury of Brantley County, Georgia; to provide 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, be and the same is hereby amended by striking from Section 5 of said Act at the end of said section the words, and the same shall be paid proportionately monthly, as near as the same can be estimated, until the same is changed by law, and substituting in lieu thereof the words, and the same shall be paid as commissions are now paid to tax-collectors and tax-receivers, so that said Section 5 as amended shall read as follows: Duplicate of next preceding Act, (No. 280). Section 5. Be it further enacted by the authority aforesaid, that the compensation of the County Tax-Commissioner of Brantley County, Georgia, shall be a sum equal to seventy per cent. (70%) of the fees, commissions, and all other compensations accruing to the tax-receiver and tax-collector of Brantley County, Georgia, at the time this Act becomes operative or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act; and the same shall be paid as commissions are now paid to tax-collectors and tax-receivers. Section 2. Be it further enacted, that Section 6 of said Act approved August 14, 1931, be and the same is hereby amended by striking from said section the words in the sum of $20,000.00, 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 of the suretyship on said bond shall be paid out of the funds of Brantley County, Georgia, as part of the expense of county government, and substituting in lieu thereof the words in such sum and with such security as may be required by the Board of Commissioners of Roads and Revenues of Brantley

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County. Said bond to be approved by said board; and if the same shall be signed by a surety company authorized to do business in this State as security, the premium on said bond shall be paid by the county, so that said Section 6 as amended shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office, the said county tax-commissioner shall take the oath now prescribed by law for the tax-collector, and give bond in such sum and with such security as may be required by the Board of Commissioners of Roads and Revenues of Brantley County. Said bond to be approved by said board; and if the same shall be signed by a surety company authorized to do business in this State as security, the premium on said bond shall be paid by the Company. Section 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 March 2, 1933. BRANTLEY TREASURY-DEPOSITORY. No. 87. An Act to amend an Act entitled An Act to abolish the office of county treasurer of Brantley County, Georgia, and providing the manner of appointment of some bank or banks, or person to whom said county funds shall be turned over, and prescribing the duties of such bank or banks, or person, in receiving and disbursing the county funds and fixing compensation, if any; and for other purposes, which said Act was approved August 14, 1929, said amendment hereby sought being to provide manner of compensation; providing how bond shall be given, and giving the Commissioners of Roads and Revenues of

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Brantley County the right to provide for collateral in lieu of bond; and to define duties of county commissioners, relative 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 from and after the passage of this Act the second section of the above-recited Act approved August 14, 1929, be amended by striking out the entire second section of said Act and inserting in lieu thereof the following words, viz.: Be it further enacted by the authority aforesaid, that from and after the passage of this Act a certain bank known as Citizens Bank of Folkston, Nahunta Branch, be and the same is hereby created County Depository in and for Brantley County, Georgia, for the purpose of receiving and disbursing county funds as heretofore received and disbursed by its treasurer. All of the funds received by said county to be deposited in said bank. If said bank refuses to act, then, and in that event only, shall said commissioners appoint a person to act as such depository as hereinafter provided. The Commissioners of Roads and Revenues of Brantley County, Georgia, are authorized to fix the fees and compensation of said depository. So that said section as amended shall read as follows: Amended section. Bank named county depository. Be it further enacted by the authority aforesaid, that from and after the passage of this Act a certain bank known as Citizens Bank of Folkston, Nahunta Branch, be and the same is hereby created County Depository in and for Brantley County, Georgia, for the purpose of receiving and disbursing county funds as heretofore received and disbursed by its treasurer. All of the funds received by said county to be deposited in said bank. If said bank refuses to act, then, and in that event only, shall said commissioners appoint a person to act as such depository as hereinafter provided. The Commissioners of Roads and Revenues of Brantley County, Georgia, are authorized to fix the fees and compensation of said depository. Section as amended.

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Section 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 from and after the passage of this Act the fifth section of the above-recited Act approved August 14, 1929, be amended by striking out the entire section numbered five and inserting in lieu thereof the following complete section, in words and figures, to wit, viz., so that section five as amended, of said Act, shall read then as follows: That the bank or person allowed to act as such depository and disbursing agent shall give bond signed by some good surety company, in a sum to be fixed by said commissioners, payable to said commissioners or their successors in office, conditioned for the safe-keeping and accounting for all funds that may come into its or his custody by reason of its or his acting as such depository, and faithful performance of all duties pertaining to said depository, which bond shall be approved by and filed with county commissioners of said county, recorded on minutes of the ordinary, or in lieu thereof it shall be within the power and authority of the commissioners, to substitute for and in lieu of said surety bond either a good personal bond signed by the officers of the bank or others, or, in lieu thereof and of a surety or personal bond, to allow and call upon the depository or person to arrange collateral approved by the commissioners, and to increase or decrease the amount of collateral as the occasion may demand and solely in the discretion and arrangements of the commissioners, and in default to revoke the appointment. The commissioners, if they require a surety bond, shall pay the premium, or, if collateral required, the depository may be allowed to charge a fair premium for time collateral is up or deposited; it being the purpose of this section to allow a sliding scale or the amount of the collateral as needed, and as the deposits increase or decrease at any time. Bond of depository.

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Section 3. Section six of said Act is hereby amended by adding, after the last word in said paragraph six, the following, to wit, viz., so that Section six of said Act shall then read as follows: Be it further enacted by the authority aforesaid, that no warrants drawn on such county depository shall be honored or paid by it except as such as are now authorized to be paid by the treasurer of said County of Brantley. The Commissioners of Roads and Revenues shall have printed for use, as soon as possible after the passage of this Act, new county warrants in the following form: County warrants. $ County Warrant. No. Nahunta, Ga., 19 Brantley County Commissioners of Roads and Revenues orders The Citizens Bank of Folkston-Nahunta Branch County Depository, to pay to the order of dollors, out of fund Chairman. Clerk. For And all warrants issued after the passage of this Act must be issued according to the above form, and must be signed by the chairman of the county commissioners and the clerk of said board before they are authorized to be paid, and must be paid in their numerical order, if possible. Said depository is further authorized to pay out of any funds on hand in the name of the county, upon presentation of the county warrant properly issued and signed upon the regular form as set out above. Said depository shall pay out all county funds only upon a regular county warrant,

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except in such cases where the judge of the superior court of the county has jurisdiction as in insolvent orders, and such things as jury script, and such things as warrants of the ordinary for lunacy trials, and in that even said depository must secure a county warrant for its record. Section 4. Be it further enacted by the authority aforesaid, that all of Section seven of said Act is stricken therefrom, and in lieu thereof the following section is substituted so that Section 7 as amended will read in words and figures, to wit, viz.: Be it further enacted by the authority aforesaid, that said depository shall keep in a well-bound book or books to be furnished by the county, as set out in section herein, a complete record of all moneys received (from whom received, and from what account received, whether ad valorem, or shows, or special, or automobile taxes, or from other sources not herein mentioned), and all disbursements, and how disbursed, and on what fund. Said depository shall, on the first day of each month, return to the Board of County Commissioners all paid and canceled warrants held by them up to the time of said returns, and do any and other duties heretofore required by the county depository of this county, or county treasurer of this State, save the following duties, which the county commissioners shall themselves perform or perform by and through their clerk and chairman jointly: The duty prescribed in paragraph or section 576 of the Code under section 1, and also under section 2, and also 4 thereof. Records. Section 5. Section 8 of said Act is hereby amended by striking out the entire section and substituting in lieu the following, so that said section as amended will read, to wit: Be it further enacted by the authority aforesaid, that in case said commissioners shall be unable to get said bank to act as depository and disbursing agent, or in case it should come to pass that there should be no chartered bank

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in Brantley County, then said commissioners have the authority to appoint some person resident of said county, as receiving and disbursing agent, whose duties and liabilities shall be the same as now are required of county treasurers in Georgia; and said person so appointed shall give bond, payable to said commissioners and their successors in office, for the faithful performance of his duties, with some good bond company as security thereon, to be approved by the commissioners, in the sum named by said commissioners, premium to be paid by the commissioners. The compensation of said person shall be fixed by said Board of Commissioners, but in no event shall it exceed the sum of $50.00 per month; said salary shall be paid from the general funds only. Limit of salary, $50. Section 6. Be it further enacted by the authority aforesaid, that another section is added to said Act, to wit, in words and figures: That from and after the passage of this Act, all county funds of Brantley County, Georgia, except such as may be specially otherwise provided by law, shall be disbursed by the county commissioners of said county upon orders or warrants drawn by them on the county depository as above provided. Disbursements by commissioners. Section 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 March 2, 1933. BROOKS TAX-COMMISSIONER; REFERENDUM. No. 377. An Act to consolidate the offices and duties of tax-receiver and tax-collector of Brooks County; to provide that such consolidation shall become effective January 1, 1937; to provide the term of office of the officer performing

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the duties of said consolidated offices, to be known as Tax-Commissioner, and the manner of his election; to provide for filling any vacancy in said office; to prescribe the oath and bond to be given by said tax-commissioner; to provide that the commissions and fees accruing to the tax-receiver and tax-collector of said county on account of county taxes shall be paid into the county treasury; to fix the compensation of said tax-commissioner; to provide for clerical assistance for said tax-commissioner; 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 in accordance with and by authority of an amendment to the Constitution of the State of Georgia, approved August 18th, 1924, and ratified at the General Assembly of 1924, the offices and duties of the tax-receiver and tax-collector of Brooks County, Georgia, shall, on and after the first day of January, 1937, be and remain consolidated, and the officer performing the duties of said two offices shall be known and designated as Brooks County Tax-Commissioner. Tax-commissioner in lieu of receiver and collector. Section 2. Said tax-commissioner shall hold office for a term of two years, and shall be first elected at the general election in November, 1936, for a term of four years, beginning January 1, 1937. Election, term of office. Section 3. Said tax-commissioner shall be commissioned and qualified as the clerks of the superior court are. Commission. Section 4. If a vacancy, for any reason, occurs in said office of tax-commissioner, it shall be filled in the following manner: (a) If said vacancy occurs within six months of the expiration of the existing term, the Board of Commissioners of Roads and Revenues of Brooks County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of said [Illegible Text], and the person so appointed shall be commissioned

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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. (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 Brooks County, Georgia, 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 Brooks County, Georgia, 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 Brooks County, Georgia, ten 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 rate compensation accruing to said office for the time he serves. Vacancy. Section 5. 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 (20) days, in the manner above provided, and so do until a choice is made. Section 6. 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: I swear that I will truly and faithfully perform the duties of County Tax-Commissioner of Brooks County, Georgia, that is to say, all duties heretofore required and prescribed for tax-receiver and tax-collector,

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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 may ability, carry out all of the requirements made upon me by law; so help me God. And said Tax-Commissioner shall also, at the same time, give bonds and security as follows: (a) Bond and security, payable to his Excellency, the Governor, and his successors in office, in a sum equal to one half of the State tax estimated to be due for Brooks County for the year for which said officer is required to give bond, the amount of said bond to be filled up by the Comptroller-General before being sent out to the county from the Executive Office, and to be conditioned as bonds for Tax Receivers for State taxes are now conditioned. (b) Bond and surety, payable to the Board of Commissioners of Roads and Revenues of Brooks County, Georgia, conditioned for the faithful performance of his duties as such tax-commissioner, in the sum to be fixed by the 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 days from the time of beginning the discharge of the duties of his office, said Board of Commissioners of Roads and Revenues of Brooks County shall declare a vacancy in said office, which vacancy shall be filled in the manner above provided. Oath. Bond. Section 7. Said tax-commissioner, whether elected or appointed, shall be vested with the powers and shall perform each, every, and all of the duties now required by law of both the tax-receiver and tax-collector of Brooks County, Georgia, and in the manner prescribed by law; shall be subject

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to all the pains and penalties, and have all the rights and powers and privileges of said two offices and officers. Powers, duties. Section 8. The commissions now fixed and allowed by law to the tax-receiver and the tax-collector of Brooks County for the return and collection of county and school taxes, and for other services rendered in connection with the return and collection of county taxes, shall, on and after January 1, 1937, be paid into the county treasury of said county, and same shall constitute a special fund for the purpose of paying the compensation of said tax-commissioner. If any excess shall remain in said special fund after the payment of said compensation, such excess shall become a part of the general funds of the county. Commissions. Section 9. The said tax-commissioner shall be paid a compensation of one thousand five hundred dollars ($1,500.00) per annum, payable in equal monthly instalments, for all duties performed by him as receiver and collector of county and school taxes. Said compensation shall be paid by the county commissioners of said county out of the special fund provided for by the foregoing section. In addition to said sum of one thousand five hundred dollars ($1,500.00) per annum, the said tax-commissioner shall also receive all commissions and fees paid by the State for receiving State taxes and for the return thereof, and for making up the State digest, and all fees and commissions paid by the State for the collection of State ad valorem taxes and special license and occupation taxes, which said fees and commissions shall be paid directly to said tax-commissioner by the State, as same are now paid to tax-receivers and tax-commissioners. Salary and commissions. Section 10. The provisions of this Act shall not become effective until the same shall have been submitted to and approved by a majority of the qualified voters of Brooks County, Georgia, voting thereon at an election to be held for that purpose. Said election shall be held at the

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same time and in connection with the general election to be held on Tuesday after the first Monday in November, 1934, and by the managers holding said general election. The ordinary shall have printed on the ballot used in said general election the following: Referendum. 1. For creating the office of Tax-Commissioner. 2. Against creating the office of Tax-Commissioner. Those favoring abolishing the offices of tax-receiver and tax-collector and creating the office of tax-commissioner shall vote For creating the office of Tax-Commissioner, and those opposed to abolishing the office of tax-receiver and tax-collector and creating the office of tax-commissioner, shall vote Against creating the office of Tax-Commissioner. Should a majority of the qualified voters of Brooks County, Georgia, participating in said election vote For creating the office of Tax-Commissioner, then this Act shall be of full force and effect, and the offices of tax-receiver and tax-collector be abolished as of January 1, 1937, and the office of tax-commissioner of Brooks County, Georgia, be established as of that date; and the ordinary shall so declare and publish. If a majority of the qualified voters of Brooks County, Georgia, participating in said election shall not vote For creating the office of Tax-Commissioner, then this Act shall not become effective, and the office of tax-receiver and tax-collector of Brooks County shall not be abolished, and the office of tax-commissioner of Brooks County shall not be established; and the ordinary shall so declare and publish. Section 11. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933.

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CANDLER BOARD OF COMMISSIONERS ABOLISHED. No. 228. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Candler County, to define their powers and duties and prescribe their qualifications; to provide for the election of same; and for other purposes pertaining to county and county matters for the County of Candler, approved August 22, 1925, and found in Georgia Laws 1925, pages 578-582, inclusive; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that a certain Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Candler County, to define their powers and duties and prescribe their qualifications; to provide for the election of same; and for other purposes pertaining to county and county matters for the County of Candler, approved August 22, 1925, and found in Georgia Laws 1925, pages 578-582 inclusive; and for other purposes be and the same is hereby repealed to become effective on and after April 1, 1933. Board abolished. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. CANDLER BOARD OF COMMISSIONERS CREATED. No. 229. An Act to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler; to define the powers and duties of said Board; to

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prescribe the qualifications, method of selection, compensation and term of office of the members thereof; to provide when this act shall become effective; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Road and Revenue Commissioners in and for the County of Candler be and the same is hereby created, consisting of three members, whose qualifications, method of selection, and term of office, except as otherwise herein provided, shall be the same as that now provided by the Constitution of this State for other county officers. New board created. Section 2. Be it further enacted by the authority aforesaid, that the membership of said board of commissioners shall, from and after the effective date of this act, to and including the 31st day of December, 1936, and/or until their successors are selected and qualified as herein provided, be as follows: E. F. Franklin, Chairman, E. J. Bird, and J. N. Lanier; and that the successors in office to the members herein named shall be elected at the same time and in the same manner as other county officers whose term of office begin January 1, 1937. Members named. Election of successors. Section 3. Be it further enacted by the authority aforesaid, that candidates in any primary and/or election for membership on said board of commissioners for the term beginning January 1, 1937, and for all subsequent terms, shall, when qualifying for such primary and/or election, specify the particular incumbent which said candidate desires to oppose or succeed, and all ballots for such primaries and/or elections shall be prepared accordingly; and the chairman of said board of commissioners shall likewise be determined by the vote of the people instead of by the members of said board. Candidate to designate incumbent opposed, etc. Section 4. Be it further enacted by the authority aforesaid, that any vacancy occuring in the membership of said

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board of commissioners shall be filled by the Ordinary of said County of Candler, performing the duties of said commissioner pending the election of his successor; and said ordinary shall immediately call a special election for said purpose, of which election at least twenty days notice shall be given by publication in the official newspaper of the county and by posting such notice at the court-house and three or more other public places in said county. The successful candidate in such special election shall hold office for the unexpired term of his predecessor. Vacancy. Section 5. Be it further enacted by the authority aforesaid, that the members of said Board of Road and Revenue Commissioners herein named, and their successors in office, shall, before assuming the duties of their office, take and subscribe the following oath of office: I do solemnly swear that I will well and truly discharge the duties of Commissioner of Roads and Revenues of Candler County in all matters requiring my official action, to the best of my knowledge and ability; and I will so act as in my judgment will be most conducive to the welfare and best interest of the entire county; so help me God; and shall give bond with good security in the sum of five thousand ($5,000.00) dollars, payable to the Ordinary of said County of Candler and his successors in office, conditioned for the faithful performance of their duties as such commissioners, which bonds shall be filed, approved and recorded by said ordinary in his office. Oath. Bond. Section 6. Be it further enacted by the authority aforesaid, that the compensation of the members of said board of commissioners shall be three ($3.00) dollars per day per member for each day said board is in session, but not to exceed one hundred ($100.00) dollars per year for each member, except that the chairman of said board shall receive such additional compensation as may be fixed by said board, dependent upon such additional duties as may be required of him by said board. Pay.

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Section 7. Be it further enacted by the authority aforesaid, that said board of commissioners shall be authorized to elect a clerk of said board, whose duty it shall be to keep in permanent form a complete record of the official acts of said board, including the receipt and disbursement of all county funds, to perform generally the duties of a secretary to said board, and to perform such other duties as may be required of him by said board. Said clerk shall receive for his services such compensation as may be fixed by said board, but not to exceed $50.00 per month, and shall give such bond with good security for the faithful performance of his duties as such clerk as may be required by said board; provided, however, that the chairman of said board of commissioners may, in the discretion of said board, be designated as ex-officio clerk and to receive such compensation, within the above prescribed limits, as may be fixed by the board. Clerk of board; election, duties, pay. Bond. Section 8. Be it further enacted by the authority aforesaid that said board of commissioners shall meet in regular session at county court-house on the second Monday in each month, and may adjourn from day to day or recess to any later date in said month, or may convene in special meeting upon call of the chairman at any time as the business of said board may require. In all such board meetings a majority of the membership of said board shall constitute a quorum for the transaction of any business coming before it, and any official action of said board shall be determined by a majority vote of the members present, the chairman being authorized to make motions and vote thereon as other members. Meetings of board. Section 9. Be it further enacted by the authority aforesaid, that said board of commissioners shall have exclusive and original jurisdiction over all of the property of the county; that they shall levy a general and special tax for specific county purposes; they shall establish, alter, and abolish roads and bridges, in conformity with law, construct, maintain, and work the public roads and highways

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of the county; establish and change election precincts and militia districts; control, operate, and manage the chaingain of the county in any such legal manner as they deem to the best interest of the county, and may, at their discretion, make such provisions as are necessary for dispensing with said chain-gang when its continuance appears to be no longer to the best interest of the county. Powers, duties. Chain-gang. Section 10. Be it further enacted by the authority aforesaid, that said board of commissioners shall examine and audit all accounts and claims against the county, and authorize the payment of such as are proper; shall examine and audit the accounts of all officers having care, management, keeping, collection, or disbursement of county funds or money appropriated for county use and benefit, and bring such officials to settlement whenever necessary; they shall regulate and manage the paupers and disburse the pauper funds of the county; and shall regulate peddling in the county and fix the cost of license, if any be granted. Accounts. Paupers. Peddling. Section 11. Be it further enacted by the authority aforesaid, that said board of commissioners shall supply, by appointment or election as now provided by law, all vacancies in county offices heretofore devolving by law upon the ordinary of said county when sitting for county purposes; and shall have and exercise all power heretofore vested in the ordinary when sitting for county purposes; and shall have and exercise all power heretofore vested in the ordinary when sitting for county purposes, and shall exercise such other powers as are granted by law, or may be indispensable to their jurisdiction over county matters and county finances. Filling vacancies. Other powers. Section 12. Be it further enacted by the authority aforesaid, that said board of commissioners shall be authorized to employ a superintendent of roads and bridges and/or county warden, as well as such agents, guards, and other employees as they may find necessary to properly carry on the public work of the county, to require such bond of any of such employees as they may consider necessary, and to

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fix the compensation of all such employees. Said board of commissioners shall be authorized to pay from the county treasury all premiums on bonds requred under this act, and also such actual expense as may be incurred by any member or employee of said board in necessary travel on official business of said county, when such expense has previously been approved by said board. Said board may, within its discretion, assign the duties of superintendent of roads and bridges to the chairman of said board and fix his compensation for such additional duties. Section 13. Be it further enacted by the authority aforesaid, that any compensation received by the chairman of said board, in addition to that allowed the other members thereof, and in addition to that paid for the duties of clerk if performed by him, shall be paid only from the proceeds of highway-construction contracts, and in no event from county-tax funds; it being the purpose and intent of this act to authorize additional compensation to the chairman of said board only because of additional duties devolving upon him in the performance of highway-construction contracts made by said County of Candler with the State Highway Department; and the compensation of said chairman, from all sources, for services rendered said county shall not exceed eighteen hundred ($1800) dollars per annum. Chairman's pay. Section 14. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall have authority to enter into contracts for any public works of the county which may be authorized by law, and which in their judgement may be for the best interests of the county; but in no event shall said board enter into any contracts with themselves or with any firm or corporation in which either member of said board may be interested. Contracts. Personal interest in contract. Section 15. Be it further enacted by the authority aforesaid, that the provisions of this act shall become operative on and after April 1, 1933.

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Section 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 March 23, 1933. CHATHAM LAND SALE. No. 322. 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. Whereas, by deed dated the 2nd day of March, A. D. 1914, and recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Book 11s, page 210, Brampton Warehousing Development Company, a corporation of Savannah, Georgia, conveyed to Chatham County, of the State of Georgia, and The Mayor and Aldermen of the City of Savannah, a municipal corporation of said State, a tract of land in Chatham County, Georgia, having a frontage on the Savannah River of 400 feet and extending back even width 1000 feet and located at the northwest corner of what was formerly known as Brampton and Retreat Plantation, and extending back along the division line between said plantation and lands formerly belonging to Joseph Hull; and Preamble. Whereas said conveyance was made upon the following express terms and conditions and trust: That the tract of land above described, measuring 400 feet by 1000 feet, shall be held and owned, and shall be used by the parties of the second part above named, their successors and assigns, only as a site for public wharves, docks, piers, steam-boat-slips,

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and similar instrumentalities of and aids to maritime commerce, and that said land, together with any and all improvements of every sort that may be made thereto or constructed therein or built thereon, shall be subject to the free use and enjoyment of the general public, without cost or charge, under such reasonable rules and regulations as the parties of the second part, their successors or assigns, may from time to time in their discretion adopt in carrying out and effectuating the spirit and purpose of this grant; and Whereas said tract of land has not been used, and is not now being used for the purposes mentioned in said conveyance, and there is no public need or demand for any public wharf, dock, pier, steamboat-slip or other instrumentality of or aid to maritime commerce on that portion of the river front where said land is located, the same being about three miles up the Savannah River from the City of Savannah, and there is no indication that said land will be needed or desired by the public for the purposes mentioned in said deed within any reasonable period of time in the future, and said land is of no benefit to the public while held by the grantees named in said deed for the purposes specified therein; and Whereas the charter of said Brampton Warehousing Development Company, grantor of said deed, has expired, and said company is no longer in business, and the stock-holders thereof at the time of said grant disposed of all their interests in said company prior to the expiration of said charter, and it is by reason of these facts impracticable to have said deed reformed, or the terms, conditions, and trust thereof released, canceled, or removed, or a quitclaim given by said grantor: Now, therefore: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Commissioners of Chatham County and ex-officio judges be and hereby are authorized and empowered

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to sell, exchange, or otherwise dispose of, at private contract and without advertisement or public auction, and to convey in fee simple and free of all terms, conditions, and trust, or upon such terms, conditions, and trust as they may see fit to impose, and for such consideration as they may deem appropriate or advisable, all of the rights, title, and interest of Chatham County in and to the tract of land having a frontage on the Savannah River of 400 feet, and extending back even width 1000 feet, as hereinbefore more particularly described, the proceeds derived from any disposition of said land to be used by said Commissioners of Chatham County and ex-officio judges for such public purpose, similar to those named in said deed, as they may deem advisable and proper; provided, however, that the grantee in any such conveyance shall be under no obligation to look to the reinvestment of the proceeds of the sale. Power to dispose of former Brampton and Retreat Plantation. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved March 24, 1933. CHATHAM TREASURY-DEPOSITORY. No. 338. An Act to abolish the office of county treasurer in and for the County of Chatham; to prescribe additional duties for the County Commissioners and ex-officio Judges of Chatham County with reference to the performance of the duties heretofore imposed upon the treasurer of said county; to make provisions for the handling and disbursement of all county funds; to provide for a county depository; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the office of county treasurer of Chatham County, Georgia, be and the same is hereby abolished. Office of treasurer abolished.

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Section 2. Be it further enacted by the authority aforesaid, that all the duties of said office shall be assumed by the County Commissioners and ex-officio Judges of Chatham County, Georgia. Duties to be assumed by county commissioners. Section 3. Be it further enacted by the authority aforesaid, that all county funds heretofore payable to the county treasurer shall be paid to the County Commissioners and ex-officio Judges of Chatham County, Georgia, and said commissioners shall, as and when received, immediately deposit such funds in a bank to be selected by them as a county depository. Said county commissioners shall require a bond from said bank designated as a county depository in such sum and with such security as said County Commissioners or ex-officio Judges may deem fit and proper. Bank as depository. Bond of bank. Section 4. Be it further enacted by the authority aforesaid, that all county funds of Chatham County, Georgia, except such as may be specially otherwise excepted by law, shall be disbursed by the said County Commissioners and ex-officio Judges of Chatham County, Georgia; and in their discretion they shall have power to employ a disbursing clerk with such authority as they may determine. Disbursements. Section 5. Be it further enacted by the authority aforesaid, that the provisions of this Act shall become effective on, from, and after May 10th, 1933. Act effective when. Section 6. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. CHATTOOGA BOARD OF COMMISSIONERS. No. 193. An Act to abolish the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia; to create a

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new Board of Commissioners of Roads and Revenue of said County; to provide for the qualification and election of the members of said board; to define their powers and duties; to prohibit nepotism and the trading of said members of said board between themselves and those related to them; to provide penalties for a violation of said law; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the present Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, be and the same is hereby abolished, and the office of the present members of said board is hereby declared to be vacated. Board abolished. Section 2. Be it further enacted by the authority aforesaid, that Chattooga County shall be and the same is divided into five road districts composed of the following portions of said county, to wit: Road districts. Road District Number One, which shall comprise the territory embraced within the present Summerville Militia District, the same being the 925th District G. M., Chattooga County, Georgia. Road District Number Two, which shall comprise the territory embraced within the present Trion Militia District, the same being the 870th District G. M., Chattooga County, Georgia. Road District Number Three, which shall comprise the territory embraced within the present Teloga, Alpine, and Dirtseller Militia Districts, the same being the 927th, 968th, and 1216th Districts G. M., Chattooga County, Georgia, respectively. Road District Number Four, which shall comprise the territory embraced within the present Lyerly, Seminole, and Coldwater Militia Districts, the same being the 1484th, 961st, and 1083rd Districts G. M., Chattooga County, Georgia, respectively.

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Road District Number Five, which shall comprise the territory embraced within the present Dirttown, Subligna, and Haywood Militia Districts, the same being the 940th, 962nd, and 1382nd Districts G. M., Chattooga County, Georgia, respectively. Section 3. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenue of said Chattooga County shall hereafter be composed of five members, one to be selected from each of said road districts; and in all elections hereafter held to elect the members of said board, the person offering for election shall declare which road district he seeks to represent, of which road district he shall be a resident, and the person in each road district receiving the highest number of votes in that district shall be declared to be elected. The voters of each road district shall vote only for the election of the commissioner offering for election from such road district and shall not be permitted or allowed to vote for any candidate for the office of County Commissioner of Roads and Revenue offering for election from any other road district of said county. New board created. Elections of members. Section 4. Be it further enacted by the authority aforesaid, that whenever a vacancy or vacancies occur in said board, the same shall be filled at a special election to be held in that district or those districts in which the vacancy and/or vacancies occur, at a special election to be called by the ordinary within thirty days from the date that such vacancy and/or vacancies may occur, the said person or persons so elected to fill said vacancy or vacancies to serve only for the remainder of the term and/or terms to which such person and/or persons was elected; and a vacancy shall be deemed and held to exist upon the removal of any of the persons holding office from the district in which he is elected to represent, or his failure to qualify. Vacancies. Section 5. Be it further enacted by the authority aforesaid, that at the general election held in the year 1934, and

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every four years thereafter, there shall be elected five members to succeed the present members of said board, or their successors in office, one commissioner to be elected for each of such road districts; and no person shall be eligible to election except he be a resident of the road district to be represented by him, and they shall be elected only by the votes cast in the respective road districts which they seek to represent, each district to vote only upon the commissioner representing said district; and the candidate who receives the highest number of votes in said district shall be declared elected to be a member of the Board of Commissioners of Roads and Revenue of said county, for a term of four years following the first day of January, 1935. Elections. Section 6. Be it further enacted by the authority aforesaid, that no person who is related by blood or marriage within the fourth degree to any member of the Board of Commissioners of Roads and Revenue of said county, or to the county warden, or warden of the chain-gang, or to the clerk of the Board of Commissioners of Roads and Revenue of said county, shall be eligible to employment by the said County of Chattooga in any position, or to do or perform any service or labor for said county, or as chain-gang guard; that no person so employed shall be entitled to receive any pay or compensation therefor, and any person ineligible under this Act, who is now in the service or employment of the county at the time of the passage of this Act, shall be ineligible to continue in such service or employment. Disqualification by relationship. Section 7. Be it further enacted by the authority aforesaid, that no member of the Board of Commissioners of Roads and Revenue of said county shall employ or vote to employ or pay or vote to pay any such ineligible person. No county warden or warden of the chain-gang, or clerk of the board shall employ or authorize the employment of any such ineligible person, or continue or authorize the continuance of any such ineligible person in any employment; provided, however, that any relative of any of the

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above-named officials shall be entitled to work out his road tax. Same. Section 8. Be it further enacted by the authority aforesaid, that no member of the Board of Commissioners of Roads and Revenue and no county warden or warden of the chain-gang or clerk of the board shall buy or sell to the said Chattooga County anything whatsoever, either directly or indirectly, and no corporation, firm, or partnership in which such officials, or any of them, are financially interested or by whom they are employed, shall buy from or sell to said county any property of any kind or character. Personal interest of member, employee, etc. Section 9. Be it further enacted by the authority aforesaid, that it shall be unlawful for the said Board of County Commissioners of Roads and Revenue, or any member thereof, or the county warden, or the warden of the chain-gang, or the clerk of the board to buy from or sell to any person or persons related by blood or marriage, within the fourth degree according to canon law, to any person employed by Chattooga County in any capacity whatever, either directly or indirectly, or from any firm, corporation, or partnership in which such person may be an official or employed or financially interested; and it shall be likewise unlawful for any such person or persons who are related by blood or marriage to buy from or sell to Chattooga County anything whatsoever or for any corporation, firm, or partnership in which said person or persons may be officials, or by whom the said person or persons may be employed to buy or sell anything whatever to said Chattooga County. Section 10. Be it further enacted by the authority aforesaid, that it shall be the duty of the said Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, to provide that all purchases over twenty dollars shall be made upon a strictly competitive basis; and to this end it shall be the duty of the said board and the clerk thereof

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to prepare quarterly an estimate of the county's needs and requirements covering the next quarter, and have published in the newspaper in said county in which the sheriff's advertisements are published, for which the legal rates of advertising shall be paid; the aforesaid estimate of said requirements shall be divided into commodity divisions, and inviting bids thereupon, which said advertisements shall state the date and place of the opening of said bids and the letting of said contracts; and it is further provided that all of said bids shall be received under seal, and that all bids received under seal shall not be opened until the specified time and place; and it is further provided that at said time and place said bids so received shall be opened, and the contract for said supplies shall be let to the lowest bidder and said supplies purchased from said lowest bidder. Purchases, bidding. Section 11. Be it further enacted by the authority aforesaid, that it shall be the duty of said Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, to provide that all purchases by said county shall be checked by an employee of said county, who shall make oath, in writing, to the receipt of all goods by said county before the same shall be paid for, and said report and oath of said person shall be filed with the clerk of said board and filed as a permanent record by said board. Report of purchases. Section 12. Be it further enacted by the authority aforesaid, that any member of the Board of Commissioners of Roads and Revenue of said county, or the county warden, or warden of the chain-gang, or clerk of the board, who shall knowingly violate any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by section 1065 of the Criminal Code, and shall be removed from office as hereinafter provided. Upon the petition of any citizen of said county to the judge of the superior court of said county to declare the office of any member of the Board of Commissioners of Roads and Revenue of said county, the

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county warden, or county clerk, who shall have been guilty of a violation of any of the provisions of this act, vacant, and to remove from office any member of the Board of Commissioners of Roads and Revenue, the county warden, or clerk of the board, the said judge shall grant rule nisi which shall be served upon said person sought to be removed; and upon proof being before the judge of said superior court that said Act has been violated by such person, it shall be the duty of the judge of said superior court of said county to declare said office so held by said person so violating the terms of this act to be vacant, and thereafter the same shall be vacant, and it shall be the duty of the Board of Commissioners of Roads and Revenue of said county to immediately elect a successor to such person so removed, and such person shall be ineligible for a period of four years thereafter from being elected a member of the Board of Commissioners of Roads and Revenue of said county. Penalty. Removal from office. Section 13. Be it further enacted by the authority aforesaid, that this Act shall take effect immediately after its passage and approval by the Governor, with this exception: that the present members of the board of county commissioners shall serve until January 1, 1935, and that their successors in office shall be elected at the general election in 1934, as is provided in the terms of this Act. Election of successors. Section 14. Be it further enacted by the authority aforesaid, that, except as otherwise provided in this Act, the powers and duties of the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, shall be the same as those now given by any special act of the Legislature and all general laws of the State of Georgia to the said Board of Commissioners of Roads and Revenue of Chattooga County, Georgia. Powers, duties. Section 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 March 18, 1933.

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CHATTOOGA TREASURY-DEPOSITORY. No. 179. An Act to abolish the office of county treasurer of Chattooga County, Georgia, to provide the manner of handling the funds of said county, with whom the funds of said county shall be deposited, and disbursement of said funds; 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 1, 1935, the office of county treasurer of Chattooga County, Georgia, be and the same is hereby abolished. Office abolished. Section 2. Be it further enacted by the authority aforesaid, that the Board of Commissioners of said county shall, as soon as this Act takes effect and annually thereafter, designate some solvent chartered bank in said county as a depository of all county funds of said county, which are now required to be paid over to the county treasurer, and such depository shall be selected under such rules and regulations as may be prescribed by said county commissioners, not inconsistent with the terms of this Act or existing general laws. Such depository shall be required by said commissioners to make and file with the ordinary of said county good and solvent bond in the amount of $10,000.00, to be approved by the ordinary, the conditions of said bond to be the same as those required by law to be given by a county treasurer, the cost of making said bond to be paid out of the funds of said county by the county authorities. Bank as depository. Bond. Section 3. Be it further enacted by the authority aforesaid, that, immediately upon the taking effect of this Act, the county treasurer shall pay over to said depository all funds in his hands belonging to said county, and shall deliver to said depository all books, records, and documents pertaining to his office. Transfer of funds, etc., to depository.

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Section 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, shall be paid by said county depository, and after this Act goes into effect all such orders or warrants shall be drawn on said county depository. All laws applicable to county treasurer shall become applicable to said county depository, and all the duties of the county treasurer shall be performed by said county depository. The books and accounts of said county depository covering 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, etc. Duties. Section 5. Be it further enacted by the authority aforesaid, that said depository shall receive no compensation for its services in acting as such depository. No pay for depository. Section 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 March 16, 1933. CLARKE TREASURY-DEPOSITORY; REFERENDUM. No. 328. An Act to abolish the office of County Treasurer of Clarke County, Georgia; to provide for the selection of a county depository or county depositories for the funds of said county; to prescribe the powers, duties, and liabilities of such depository or depositories; to provide for the bonding of same; and for the deposit of collateral to protect the county against loss; to provide for the furnishing of record books be kept by such depository; to prescribe the powers and duties of the Commissioners of Roads

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and Revenues of said county, relative to the objects of this Act; to prescribe the manner in which warrants may be drawn on such depository or depositories for the disbursing of county funds; to provide for ratification of this Act by 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 on and after the 1st day of January, 1937, or sooner if the office of county treasurer should become vacant, the office of county treasurer of the County of Clarke, State of Georgia, be and the same is hereby abolished. Abolition of office. Section 2. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenues of said county shall, by a majority vote taken among themselves, select some duly incorporated State depository, bank, or banks in said county to act as depository or depositories, and disbursing agent or agents, of and for the public funds of said county. Bank as depository. Section 3. Be it further enacted by the authority aforesaid, that the term or terms of such depository and disbursing agent, or depositories and disbursing agents, shall be for a period fixed by said commissioners; and the said commissioners may remove said depository and disbursing agent, for any reason which in their discretion is for the best interests of Clarke County, and appoint a successor or successors thereto. Section 4. Be it further enacted by the authority aforesaid, that no bank or banks shall be allowed to act as such depository and disbursing agent until it shall have given bond, signed by some solvent surety company, and/or have deposited collateral consisting of United States or State of Georgia negotiable bonds, acceptable to the county commissioners and approved by the ordinary of said county by order duly entered on the minutes of the court of ordinary of Clarke County, and may be increased or diminished to

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comply with the provisions of this act; but the amount of said bond or deposited collateral shall be at least the sum of one hundred thousand ($100,000.00), dollars, and in no event be less than the maximum deposit of said county. Said bond shall be payble to, or collateral deposited with, said ordinary and his successors in office, conditioned for the safe-keeping and accounting for of all funds that may come into its custody be reason of such bank's being and acting as the county depository, and for the faithful performing of all the duties pertaining to said depository, which said bond and/or collateral shall be approved by said county commissioners and filed with the ordinary, and shall be recorded on the records of the court of ordinary, and shall be kept by said ordinary in some safe vault or other place of safety. Bond of depository. Section 5. Be it further enacted by the authority aforesaid, that it shall be the duty of any bank acting as such depository and disbursing agent: (1) To pay without delay, when presented for payment, all orders or warrants when in funds of the county, subject to such orders or warrants, which are signed by the chairman of the board of commissioners, and countersigned by the clerk of said board, provided they are legally issued and properly drawn, showing for what purpose the expenditure is being made. Said depository shall, before paying such order or warrant, require that it be properly indorsed by the payee and the person receiving payment, in a space provided for such signatures on the reverse side thereof. Warrants. (2) To keep a well-bound book in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom, and on what account. Records. (3) To keep a well-bound book in which shall be entered a full description of all county orders or warrants, or

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other forms of indebtedness, as they are presented, and to record a copy of the order of the county authorities levying county taxes. (4) To collect and receive from all officers and others all county funds, and to receive, hold, and disburse, as above provided, all funds which the county treasurer might have heretofore received, held, or disbursed. Collections, etc. (5) To render reports to, and to appear before, said county commissioners monthly on the date specified by said commissioners; and to make reports to each grand jury of said county, showing a complete account of its actings and doings as such depository and disbursing agent for the period since the last report made to such board of commissioners or grand jury, and to exhibit its books and vouchers as such depository and disbursing agent to said commissioners or grand jury whenever notified or requested. The reports made to each of said bodies next after the end of the fiscal year of said county shall be complete reports of the preceding fiscal year. Reports. (6) To perform all other duties which it has been heretofore necessary for the county treasurer to perform, essential to the proper conduct of the county's affairs, not in conflict with the provisions of this Act. Other duties. Section 6. Be it further enacted by the authority aforesaid, that said commissioners shall have the power and authority to prescribe, from time to time, other reasonable duties and regulations for the government of said depositories and disbursing agents; and said depositories and disbursing agents shall be as much bound to observe the same as they are bound to observe those prescribed in this Act. Regulations by board. Section 7. Be it further enacted by the authority aforesaid, that said county commissioners shall appoint such depository and disbursing agent, or depositories and disbursing agents, who shall give bond or deposit collateral as herein provided, on or before the day this Act shall go into

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effect; and the county treasurer of Clarke County, then in office, shall, on the day this Act shall take effect, deliver to such depository or depositories, as he shall be directed by said commissioners, all county funds then in his hands, and he shall at the same time deliver to said commissioners, or to the depository or depositories, or authority designated by said commissioners, all records, books, and papers that he may have pertaining to his office. After January 1, 1937, or sooner if the office of county treasurer becomes vacant and depository or depositories be properly designated and qualified under this Act, all parties heretofore required by law to pay over to the county treasurer funds of said county, including the tax-collector or tax-commissioner, as the case may be, of said county, shall pay over to the depository or depositories selected and designated by the county commissioners all funds which they were formerly required to pay to the county treasurer, and payment to said designated depository shall be as legal payment as when heretofore made to the county treasurer. Transfer of funds, etc., by treasurer. Section 8. Be it further enacted by the authority aforesaid, that no bank or banks which may be selected as such depository and disbursing agent shall receive any compensation for acting as such. No pay for depository. Section 9. Be it further enacted by the authority aforesaid, that the depository or depositories so selected by said commissioners of roads and revenues shall pay out of its own funds the premiums on the surety company's bond that it may give in lieu of depositing collateral under the terms and provisions of this Act. Premium on bond. Section 10. Be it further enacted by the authority aforesaid, that said commissioners of roads and revenues are hereby given authority to arrange for said designated depository or depositories to pay to the county interest on its daily balances at such rate as said commissioners of roads and revenues and said depository may agree upon. Interest on daily balances.

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Section 11. Be it further enacted by the authority aforesaid, that said designated depository and disbursing agent or depositories and disbursing agents shall be liable, both civilly and criminally, just as county treasurers are now liable, for the faithful performance of their duties as heretofore required of county treasurers, and for the full performance of all other duties required by the terms of this Act. Liability of depository. Section 12. Be it further enacted by the authority aforesaid, that said commissioners of roads and revenues are hereby empowered and authorized to proceed by issuing executions against said depository or depositories as they are now authorized to issue against tax-collectors or county treasurers for default of county funds; that, in addition, said commissioners of roads and revenues be and are hereby given authority to use such other summary remedies as the general laws of this State may permit in case of a default of said county funds so deposited in said depository, or any part thereof, from any cause whatsoever; that said commissioners of roads and revenues of said county be and are hereby authorized that, in the event bond is given, the surety company shall be required to furnish said commissioners of roads and revenues a financial statement of its net worth before said surety company shall be accepted by said commissioners as surety for said designated depository or depositories; that said commissioners of roads and revenues shall require said designated depository or depositories, in the event collateral is deposited under the terms of this Act, to execute a power of sale therein authorizing the chairman of said board of commissioners of roads and revenues to sell said deposited collateral either at public or private sale, after ten days written notice to the designated officer of said depository of said commissioners' intention to convert said deposited collateral into cash to make good the amount of loss said county should sustain by reason of its funds having been depleted while on deposit with said

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designated depository, and in the event of public sale before the court-house door after giving fifteen days notice thereof by publication in the legal gazette of said county once a week for two weeks; that in the event of the depositing of collateral by said depository, the same shall not be subject to the payment of any other obligations of said depository, but that said county shall have the first and superior lien thereon; and in the event said depository shall be placed in the hands of a receiver or turned over to the State Banking Department, or the Comptroller of the Currency of the United States in case of a national bank, said collateral shall be by said commissioners converted into cash and applied as far as same is needful for the absorption of the amount said county had on deposit with said depository at said time, and if there should be an overplus the same shall be by said commissioners of roads and revenues paid to the legal representative of said depository; that said Clarke County shall have a lien on all other assets of such depository, superior to any other lien or claim except those that may exist in favour of the State of Georgia and/or, in case of a national bank, the United States Government, and shall be entitled to full payment from the assets of such depository of any and all funds belonging to said county which may have been deposited with said depository, before any payments shall be made to the general creditors and/or expenses of administration of the winding up of the affairs of said depository; and that said commissioners are hereby empowered and authorized to sell said deposited collateral in accordance with the terms and provisions hereinbefore provided for as to said power of attorney. Execution against depository. Lien of county. Section 13. Be it further enacted by the authority aforesaid, that on and after the selection and qualification of such depository or depositories as herein specified, all county funds of Clarke County, Georgia, shall be disbursed upon orders or warrants drawn on such depository or depositories as above provided, signed by the Chairman of the

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Board of Commissioners of Roads and Revenues of Clarke County, Georgia, and countersigned by the clerk of said board. Disbursements. Section 14. Be it further enacted by the authority aforesaid, that all officers or other persons making deposits with said depositories shall take receipts for such deposits in duplicate, keeping one and delivering the other to said county commissioners. Receipts for deposits. Section 15. Be it further enacted by the authority aforesaid, that before the provisions of this Act shall go into effect the same shall be ratified at an election to be held at the same time and place of the regular election of Statehouse officers in the year 1934, namely on the....., 1934, by a majority of the qualified voters of Clarke County, Georgia, who vote as herein provided. The ballot furnished the voter in this referendum shall have printed thereon the following: For Abolishing the office of County Treasurer, and Against Abolishing the office of County Treasurer. The ballots in said election shall be turned over to the Ordinary of Clarke County, and the result of said election be declared by him. Referendum. Section 16. Be it further enacted by the authority aforesaid, that each section of this Act and each part thereof is hereby declared to be independent section and part of section, and the holding of any section or any part of a section to be void or ineffective for any cause shall not affect any other section of this Act or part of a section. Invalidity of part of Act not invalidate whole. Section 17. 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 March 24, 1933.

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CLAY SHERIFF'S BOND REDUCED. No. 47. An Act to reduce the official bond of the sheriff of the County of Clay. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, the official bond required to be given by the sheriff of the County of Clay shall be reduced to twenty-five hundred ($2,500.00) dollars from and after the passage of this Act. This twenty five hundred ($2,500.00) dollars bond shall be given in lieu of the amount now required by law. Sheriff's bond $2500. Section 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 February 22, 1933. CLINCH BOARD OF COMMISSIONERS; ABOLISHED. No. 107. An Act to repeal an Act passed by the Georgia General Assembly 1931, pages 412 to 424, inclusive, creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act the Act of the General Assembly of the State of Georgia (Acts 1931, pages 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424), creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch; to prescribe their powers and duties, etc., be and the same are hereby repealed. Board abolished.

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Section 2. Be it further enacted by the authority aforesaid, that this Act shall take effect on the 4th day of August at ten o'clock a. m., 1933. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. CLINCH BOARD OF COMMISSIONRS CREATED. No. 134. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Clinch; to prescribe their powers and duties; to provide punishment for failure to perform certain duties; to provide for the election of members thereof; to provide for their election, term of office, and for removal from office of any member; to provide for chairman, vice-chairman, clerk, and other officers of said board, and to prescribe their powers, duties, limitations, terms, qualifications, and compensation; to provide how the commissioners shall purchase for and in behalf of the county; 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 Board of Commissioners of Roads and Revenues in and for the County of Clinch be and the same are hereby created, which board shall consist of five members. New board. Section 2. Be it further enacted, that for the purpose of this Act the County of Clinch is hereby divided into five Commissioner Districts; the 1061st, 1766th, and 1389th Militia Districts, known as Arabia, Cogdell, and Argyle respectively, shall compose one Commissioner District known as the Northeastern District; the 1224th Militia

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District shall compose another Commissioner District known as the Middle District; the 1219th Militia District shall compose another Commissioner District known as the Southern District; the 1141st Militia District, the 970th Militia District and the 1365th Militia District, known as Wiregrass, Magnolia, and Withers, shall compose another Commissioner District known as the Southwestern Commissioner District; the 1280th Militia District known as the Dupont District, shall compose another Commissioner District known as the Western District. There shall be one member of said board from each of said five Commissioner Districts. Commissioner districts. Section 3. Be it further enacted, that the Ordinary of Clinch County, Georgia, is hereby directed and required to call an election for the first Wednesday in August, 1933, for the purpose of electing the members of the Board of Commissioners of Roads and Revenues from the respective districts. Any person that has been a resident of the county for three years, and is a freeholder, and who has been resident of the district one year and otherwise qualified, shall be qualified to run for the office. Each of the aforesaid districts shall be entitled to one commissioner, and said commissioner must be voted on by the entire county, and the candidate receiving the highest number of votes shall be declared the commissioner for said district. The first election under this Act shall be held under the supervision of the ordinary, and on the day following at ten o'clock a. m. the votes must be consolidated in the office of the ordinary at the court-house at Homerville, Clinch County, Georgia, and the ordinary shall then and there declare the persons elected; and if any election is contested, she shall immediately hear said contest and decide said contest, and the ordinary shall immediately certify to the Governor the elected members, and they shall be sworn in by the ordinary as soon as their commissioners have been returned by the Governor. The expenses of said election shall be paid by the County of Clinch. Election of members.

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Section 4. Be it further enacted, that the term of office of said commissioners elected under this Act at the first election provided for in this Act shall be for a period of time ending January 1st, 1935. All other elections and primaries held under this Act, except elections called to fill a vacancy, shall be held at the same time and place, and under the same rules and regulations, as State primaries and general elections are held in this State. The first regular election to be held after the election called for in this Act shall be during the year 1934, at the time and place of the election of representative from Clinch County, and under the direction of the Democratic Executive Committee. The commissioners so elected at the called election, as provided for by this Act, shall enter upon the discharge of their duties as such commissioner as soon thereafter as they may qualify, and shall hold office until January 1st, 1935, when and at that time the commissioners elected during the 1934 primary, or election for representative, shall take place. The terms of commissioners shall be for the term of two years thereafter. Each one of the aforesaid districts shall be entitled to one county commissioner, but the entire county shall vote on the commissioner from each district, and the candidates when announcing for the office shall designate the district he proposes to represent; it being the intention of this portion of this section to have the voters of the entire county to vote for the commissioners from the respective commissioner's district. Term of office. Section 5. Members of the board of commissioners, before entering upon the discharge of their duties, shall take an oath before the ordinary to discharge honestly and faithfully all the duties of said office, according to the laws and constitution of the State of Georgia, and they must further swear that they will not, during the term of office, permit the county to purchase from any member of said board any articles, and that they will further never buy any materials for the county except by receiving sealed bids for said materials,

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and that the lowest bid will be accepted, except where the costs of said materials are less than twenty-five ($25.00) dollars; their oath to further include that they shall not purchase materials and supplies of any kind from any person tht they have borrowed money from either officially or in a personal capacity, unless that person submits the lowest bid. They can, in cases of emergency, purchase articles from their own kindred or from themselves, provided the cost of said articles does not exceed the sum of thirty-five ($35.00) dollars. They must further/swear that they will not purchase, or agree to purchase, from any one any materials of any kind when said person agrees to lend the county money, or to lend any of the individual members thereof money. They must further swear that they will carry out the provisions of this Act. This oath shall be subscribed by the commissioners upon the minutes of said board. Oath. Purchases from kin or selves. Section 6. Any vacancy in office shall be filled by an election to be called by the Ordinary of the County of Clinch; said election to be called within twenty (20) days upon notification to the ordinary, by the remaining county commissioners, of a vacancy. The person elected shall be elected to fill out the unexpired term of the county commissioner whose office was made vacant, and he shall be elected from the district which is unrepresented by reason of such vacancy; all of said County of Clinch shall have the right to vote for said County Commissioner. Vacancies. Section 7. Four of the board shall constitute a quorum for the transaction of all business, and a majority of the board present at all meetings must concur in order to pass an order, or let any contract, or allow any claim against the county; and their acts on all such matters must be duly entered on the minutes of the board, to be valid. Quorum. Minutes. Section 8. Be it further enacted, that said commissioners when elected and qualified, and after taking the oath of office, shall elect from their number a chairman and vice-chairman,

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and shall elect from among their member, or from the county at large, a clerk and other employees. Chairman shall give bond in the sum of two thousand ($2,000.00) dollars, for faithful performance of duty, and for protection of all funds, to be approved by the Ordinary. Chairman, vice-chairman, clerk, etc. Bond of chairman. Section 9. Be it further enacted, that the chairman of said board shall receive per diem (Sundays excluded) of not more than four ($4.00) dollars per day and actual expenses for his services, provided he gives his entire time to the affairs of the county, the amount to be fixed by the board and spread upon the minutes, and each of the other members per diem of three ($3.00) dollars per day for every day he attends a board meeting; and in addition thereto, he shall receive not more than five (5c) cents per mile for expenses in attending said board meetings, or in attending to the duties of his said office. All expense bills to be approved by the board in writing, before payment. For extra services rendered when not attending board meetings, the county commissioners shall present an itemized bill for the approval of the board, for which service he is not to receive more than three ($3.00) dollars per day. If the chairman does not give his entire time to the duties of his office, then and in that event he shall not receive the perdiem of four ($4.00) dollars maximum per day, and shall only receive compensation as is herein provided for other members of said board. Pay of chairman. Pay of members. Expense bills. Extra services. Section 10. Be it further enacted, that in the event the chairman so elected by the board cannot or will not devote his entire time to the duties of his office as hereinbefore set out, then and in that event the board shall have authority to elect a vice-chairman, who shall devote all of his time to the duties of his office, and perform all duties herein required of the chairman, except to preside at the meetings of the board; and for such services he shall receive such compensation as may be fixed by the board, but in no event to exceed the maximum amount allowed for the chairman.

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The vice-chairman so elected must be a member of the Board of Commissioners. Vice-chairman. Pay of vice-chairman. Section 11. Be it further enacted, that the board shall elect a clerk for said board, who must have some experience of bookkeeping, and be familiar with the duties to be performed by said clerk, and shall be subject to removal at any time, with or without cause, by the commissioners. Such clerk shall receive such compensation as may be fixed and determined by the board, and shall not be more than fifty ($50.00) dollars per month. Clerk of board. Pay of clerk. Section 12. The clerk shall keep the books of the board, and make a record of all the acts and doings of the board in a minute-book kept for such purpose, and also keep all other records and acts of the board, and perform such other acts and duties as may be required by the board, not inconsistent with the provisions of this Act or the laws of this State. He shall publish monthly, a statement of all bills paid, showing the amount, to whom paid, and what the bills represent, which statement shall be published in the local paper, providing said paper will publish same at the rate not exceeding one ($1.00) dollar per hundred words; and if said local paper will not publish said statement for said amount, then it shall be his duty to publish said statement by posting same at the court-house door, and in each commissioner district in said county; these statements to be published monthly, and to be signed by the chairman or vice-chairman, and the clerk. The books shall be open to public inspection of any citizen of the county, or any property owner of the county at any time. Said clerk shall give a good and solvent bond in the sum of one thousand ($1,000.00) dollars, payable to the Ordinary of Clinch County, to be approved by the ordinary of said county; said bond shall be conditioned for the faithful performance of the duties of said clerk of the Board of Commissioners of Roads and Revenues in and for the County of Clinch. The premiums on said bond if secured by a surety company, or

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if any premium is paid to an individual, shall be paid by the county. Said board of commissioners shall have the power to remove said clerk at pleasure, by a majority vote of the said board. The premiums on said bond must not exceed the regular premiums charged by surety companies. It shall be the duty of said clerk to attend all meetings of the board of said commissioners, and keep a full record of all its proceedings, and keep on file and preserve all papers relating to its business; to keep in a special book a statement of all tax levies, and have all papers specified and designated; all inventories of all kinds of property, including all road machinery, live stock, chain-gang outfits, trucks, road-work tools, and any and all other property. He shall sign all notes and vouchers as clerk, but he shall in no instance, issue any note or voucher until the same has been countersigned by the chairman or vice-chairman of the board of commissioners. All records provided for in this section shall be kept by the commissioners, or at the court-house of said county, and shall be subject to inspection by any citizen or property owner of Clinch County at any time. The clerk shall perform such other duties as are regularly performed by clerks of similar boards, and such other duties as may be delegated to the clerk of the county commissioners. Clerk's duties. Bond of clerk. Removal of clerk. Records. Section 13. Be it further enacted by the authority aforesaid, that said board of commissioners shall hold a regular court for the transaction of all business pertaining to county matters, on the first Monday of each month of the year, the same to be held at the court-house of said county in the office set apart for the use of said board of commissioners, so that said board of commissioners may hold special sessions at any time they see fit and proper. Four of the board of commissioners shall constitute a quorum, and a majority vote of those present shall be sufficient to exercise any powers herein delegated pertaining to the duties of said board. The chairman, or vice-chairman, shall at any meeting

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of the commissioners in the absence of the chairman, be authorized to administer oaths, and said board shall hear testimony as to matters over which said board has jurisdiction, and, when sitting as a court, shall have the power to punish for contempt, under the same laws and regulations as are provided by law for other courts. If at any time it shall appear to the best interest of Clinch County to sublet any contract, same must be sublet by sealed bids, after advertising the contract for ten (10) days by posting a notice at the court-house door, giving all information relative to said contract, and a notice must be placed in each commissioner district. The county commissioners shall have no authority to sublet any contract without giving said notice. Court of commissioners; sessions. Powers. Contracts, bids. Section 14. Be it further enacted by the authority aforesaid, that the members of said board of commissioners shall be exempt from jury duty during the term of office. Exemption from jury duty. Section 15. Be it further enacted by the authority aforesaid, that the board of commissioners shall prepare and submit to the grand jury, at the spring and fall terms of the superior court, a full and complete statement of the finances of the county; each statement shall be subscribed and sworn to by the chairman or vice-chairman of the board; said statement presented to the grand jury shall show all receipts and disbursements, from whence received, and the purposes for which expended. Financial statements. Section 16. Be it further enacted by the authority aforesaid, that the board of commissioners shall have the right to employ a county physician to look after the prisoners in jail and all convicts, whose salary shall not exceed thirtyfive ($35.00) dollars per month. County physician; salary. Section 17. Be it further enacted, that said commissioners may, in their discretion, employ an attorney for said County of Clinch, but they shall not pay said attorney more than one hundred and fifty ($150.00) dollars per annum, for services rendered. They are further authorized to employ special counsel in matters arising. County attorney; salary.

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Section 18. Be it further enacted by the authority aforesaid, that said commissioners shall have the power, and it shall be their duty, at any time it may seem proper, to dispense with the chain-gang of the county, and to work the roads of said county by free labor. Section 19. Be it further enacted by the authority aforesaid, that said board of commissioners shall not hire or employ or contract with any one related to any member of said board for work to be done or supplies to be furnished to said county, except such work to be done or supplies furnished shall be let at public outcry, or by sealed bids, to the lowest and best bidder. In this event they may contract or buy supplies from their own kindred, but not by private contract. In emergencies they may buy supplies from any one not to exceed thirty-five ($35.00) dollars. The commissioners shall not at any time buy supplies or materials from any one that has loaned money to Clinch County, Georgia, or to the individual members of the board, nor shall they buy any materials of any kind from any one who agrees to loan the county money in the future. Contracts, bids. Not to buy from lenders to county, etc. Section 20. Be it further enacted by the authority aforesaid, that the said Board of Commissioners of Roads and Revenues for said County of Clinch shall, on the first day of January of each year, designate some bank or trust company for the county funds of said county, and the duties of said bank so selected shall be to perform duties heretofore vested in the county treasurer of said county, when there was a treasurer for said county; and they shall perform such services without any compensation, except the use of the public money, and shall keep an accurate and correct book showing all receipts and disbursements by said depository, for and in behalf of said county; and the said depository so selected shall give a bond in some sum acceptable to the board of county commissioners, provided it is possible to secure a bank to give said bond for the faithful performance of its duties as such depository, such bond to be

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payable to the ordinary of said county, and his successors in office. The selection of the depository shall be for the term of one year. Bank as depository. Section 21. Be it further enacted by authority aforesaid, that the commissioners shall fix the salary of all employees of the county. Fixing salaries. Section 22. Be it further enacted by the authority aforesaid, that said commissioners of roads and revenues of said county shall annually have an audit made of the affairs of the county by a certified public accountant. Said audit shall be kept on file in the office of the commissioners, and shall be subject to inspection by any citizen or property owner of Clinch County, at any time. It shall be the duty of the commissioners to publish said audit annually, in the local paper, provided said paper will publish same for ten ($10.00) dollars; and if said paper will not publish same for ten ($10.00) dollars, then it shall be the duty of the county commissioners to post said audit at the court-house door; and it shall further be their duty to present said audit to the next succeeding grand jury of said county. Audits. Section 23. Be it further enacted by the authority aforesaid, that the board of county commissioners of said county shall make settlement with the county school superintendent of said county, on the first Monday of each month, on all money in the hands of the board of county commissioners, their agents, servants, or employees, belonging to the said county school superintendent, or the department. It shall also be their duty to make settlement with all county officers for all moneys owing by said county officers, or to said county officers, on the first Monday in each month. Settlements with school superintendent, etc. Section 24. Be it further enacted, that the board at the regular session, or special sessions called for such purposes, may make general plans, specifications and requirements, prescribing the manner and style in which the public roads of the county shall be contracted and repaired; and such

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plans, specifications, or requirements shall not be modified or changed, except on the action of the board in like manner as the same were adopted. The board shall furnish the chairman or vice-chairman, who shall be the county superintendent of roads, with a copy of such plans, specifications, and requirements, and the public roads of the county shall be built and repaired in accordance therewith; provided, however, that the provisions of this section shall not apply to roads under the supervision of the State Highway Department. Roads. Section 25. Be it further enacted by the authority aforesaid, that the duties of said commissioners shall be those that were performed by the ordinary, when the affairs of the county were in charge of the ordinary, and such duties as are prescribed herewith, and such other duties as may be given by law. Duties. Section 26. Be it further enacted by the authority aforesaid, that the said board of county commissioners shall, every three months, invite bids from all gasoline and oil dealers doing business in said County of Clinch, for prices for said gasoline and oil during the next three months, and said bids shall be opened by the chairman in the presence of the board and the bidders, and the board shall accept the lowest bid, provided that party has not loaned the County of Clinch any money, or has not agreed to loan the county money, or has not loaned or agreed to loan the individual members of the board money. The bids must not be for over three months, and it shall be illegal for said commissioners to buy gasoline and oil in any other way. Bids from gasoline and oil dealers. Section 27. Be it further enacted, that it shall be the duty of the grand jury to inquire into the official acts of said commissioners, or any one of them, and if any grand jury of the county shall find by a two-thirds vote of said board as a whole, that any member of said board has violated any of the terms of this Act wilfully, or that they, or any one of them, have been wasteful or inefficient, or he has wrongfully

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or fraudulently conducted the affairs of the office, or that he is otherwise unqualified to manage the affairs of the office, the grand jury so finding shall declare said office vacant, or that of any one or more of the members of the board; and if any member is thus removed from office, then the ordinary shall proceed to call a special election to fill such vacancy, which election shall be held within thirty (30) days after said vacancy shall occur. Any deposed commissioner shall have the right to become a candidate to succeed himself. Grand jury to inquire into acts, etc. Removal of commissioner. Election of successor. Section 28. Be it further enacted by the authority aforesaid, that all supplies for all county officers must be bought by and under the direction of the county commissioners. The county commissioners shall have exclusive control of all purchases made by all county officers for all purposes. Purchases. Section 29. Be it further enacted, that the Board of County Commissioners of Roads and Revenues hereby created, shall have exclusive jurisdiction over and control of county affairs, such as public roads, bridges, the working of convicts, private roads, county finances; the levying and collection of taxes for county purposes; the management, control, and disbursement of county funds; erection, repair, and maintenance of public buildings; the supervision over and control of and exclusive jurisdiction over and in all matters wherein jurisdiction is now vested in the ordinaries in this State in counties in which there is no board of commissioners of roads and revenues. That the board shall be vested with the rights, powers, and authority formerly vested in the inferior courts of this State, prior to the Constitution of 1868, when sitting for county purposes, except called elections, which shall be done by the ordinary; in matters pertaining to the education, health, and such other matters as shall be by general law vested by the legislature in court officials, or tribunals, or as herein limited, amplified, or modified. Said board shall constitute a court for the trial of road defaulters, and any and all matters pertaining to

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county matters formerly vested in the inferior courts of this State, or now vested in the ordinaries of this State in which there are no board of commissioners of roads and revenues, when sitting for county purposes; and have the right and power to issue all necessary writs, and summon parties or witnesses before them; and shall have the power to punish for contempt, by fine or imprisonment, in the same manner as courts of ordinary of this State; that the sheriff or his deputy will be required to attend upon the meeting of the board, and serve all writs, subpoenas, and other purposes of said court, and the sheriff shall receive, for such services, such compensation as is provided by law for like services in the superior court. Powers. Section 30. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause, sentence, phrase, word, or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause, or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to provision, clause, or part so held to be invalid and unconstitutional. Act not invalidated by invalid part. Section 31. After each election and when the commissioners qualify, they shall immediately elect the chairman, vice-chairman, clerk, and such other officers as are necessary. Election of chairman, etc. Section 32. The terms of said commissioners shall be for the term of two years, and until their successors are elected and qualify; and all elections held under this Act, except the called elections, shall be at the time of the election of representative from Clinch County, and under the direction of the Clinch County Democratic Executive Committee, who may prescribe fees, regulations, etc. Terms of commissioners; elections. Section 33. Should it become necessary to impound cattle or hogs for any purpose, or should reinfestation of the cattle-tick

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appear, the county commissioners, or any one acting under them, shall not charge more than twenty-five cents (25c) per head for hogs, nor more than twenty-five cents (25c) per head for cattle, impounded for any purpose, the amount to be fixed by the commissioners. Impounding fee. Section 34. Be it further enacted by authority aforesaid, that the board of commissioners shall have the authority, under this Act, to furnish free to swine growers and farmers of Clinch County, Georgia, hog-cholera serum and virus to be used for the extermination of hog-cholera and other swine diseases, and they shall have the right and authority under this Act to have administered, in conjunction with the State authorities, the said hog-cholera serum and virus, and to put in force any rule necessary to combat outbreak of hog-cholera or other swine diseases within said county. Hog-cholera serum. Section 35. Be it further enacted by the authority aforesaid, that all votes on all questions before the board of county commissioners, and of proceedings of the commissioners, must be entered upon the minutes, and this shall be subject to the inspection of any citizen or property owner of Clinch County at any time. Minutes. Section 36. Be it further enacted, that if the commissioners or any member of said board violates any of the sections in this Act, he shall be guilty of a misdemeanor, and shall be punished as prescribed by section 1065 of the Penal Code of Georgia 1910, and shall forfeit his office. Penalty for violating Act. Section 37. This Act shall take effect, as to elections of the county commissioners, on approval of act by the Governor; and said Act shall go into full force and effect on the date the companion bill introduced abolishing the present board of county commissioners takes effect. Act effective when. Section 38. Be it further enacted by authority aforesaid, that all previous laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1933.

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COBB TAX-COMMISSIONER; REFERENDUM. No. 66. An Act to consolidate the office of tax-receiver and tax-collector of Cobb County, Georgia; to create the office of tax-commissioner of Cobb County, Georgia; to fix the term and compensation of said officer; to provide that the law of force as to tax-receiver and tax-collector, when the provisions of this Act shall become effective, shall be of full force and effect as to the tax-commissioner of said county 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 executions thereafter issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions 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 tax-commissioner herein provided for, and paid into the designated depositories to the credit of Cobb County, Georgia; to provide for the election of said 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, section three, paragraph one; to authorize the levy and collection of a tax to pay said commissioner; to provide referendum 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 on and after January 1st, 1937, the offices of tax-receiver and tax-collector of Cobb County, Georgia, are hereby consolidated and the duties of the two offices aforesaid are hereby consolidated into one office. Consolidation of offices. Section 2. Be it further enacted by the authority aforesaid, that the office of county tax-commissioner of Cobb County, Georgia, is hereby created in lieu of said consolidated

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offices, and the rights, duties, and liabilities of the said office of tax-commissioner of Cobb 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 the same are applicable. Tax-commissioner in lieu of receiver and collector. Section 3. Said tax-commissioner shall hold office for a term of four years, the first term beginning January the 1st, 1937, and ending December the 31st, 1940. Term of office. Section 4. Be it further enacted by the authority aforesaid, that said tax-commissioner shall be elected at the general election held in the State of Georgia in the year 1936, and at the general election each four years thereafter, in the same manner, time, and place as clerks of the superior courts are elected. Election. Section 5. Be it further enacted by the authority aforesaid, that said tax-commissioner shall be commissioned and qualified as the clerks of the superior courts are. Commission. Section 6. Be it further enacted by the authority aforesaid, that if a vacancy for any cause occurs in said office of tax-commissioner it shall be filled in the following manner: Vacancy. (a) If such vacancy occurs within six months of the expiration of the existing term, the Ordinary of Cobb County shall appoint some qualified person to discharge the duties of said office for the remainder of said term, who shall be commissioned accordingly. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the ordinary shall appoint some qualified person to discharge the duties of said office until an election can be held to fill such vacancy; and it shall be the duty of the Ordinary of Cobb County to call a special election for the election of such tax-commissioner to serve the remainder of said term, which election shall be held not sooner than thirty days and not later than sixty days after said vacancy occurs; notice of such

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election to be given by publication in at least two issues of the official organ of Cobb County. The person receiving the highest number of votes in said special election shall be commissioned as such tax-commissioner; and in the event of a tie vote, the ordinary shall call another election as herein provided, and fill the vacancy by appointment until the vacancy is filled by an election. Section 7. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act shall become effective, and all tax executions theretofore issued by the tax-collector of Cobb County, Georgia, shall have full force and effect, and shall be collectible as issued. Tax-executions. Section 8. Be it further enacted by the authority aforesaid, that all fees, commissions, costs, and all other compensations allowed to the tax-receiver and tax-collector of Cobb County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by such tax-commissioner and paid to the designated officer as the law now provides or may hereafter provide, to the credit of Cobb County, Gorgia. Fees, commissions, costs. Section 9. Be it further enacted by the authority aforesaid, that the compensation of the county tax-commissioner of Cobb County, Georgia, for all duties performed by him as receiver and collector of State, county, school-district, and any and all other taxes, shall be the sum of three thousand six hundred dollars ($3,600.00) annually, payable three hundred dollars ($300.00) monthly, from the funds of said county, upon vouchers drawn as now provided for withdrawal of county funds. Salary $3600. Section 10. Be it further enacted by the authority aforesaid, that the commissioner of roads and revenue of said county shall furnish to the county tax-commissioner an office in the court-house in said county, fuel for the same,

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and the necessary office equipment, stamps, and stationery for the use of such officer; and it shall be the duty of said officer to keep said office open every business day in the year, except on such days as he may be required to be absent therefrom in taking tax returns and in the collection of taxes. Office, expenses, hours. Section 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 tax-receiver, and shall also at the same time give bonds and security as follows: (a) Bond and security, payable to his Excellency the Governor, and his successor in office in the same sum, amount, and manner as is now required by law for tax-receiver and tax-collector for the term for which said officer is required to give bond, to be filled in by the Comptroller-General before being sent out to the county from the Executive office, and to be conditioned as bonds of tax-receivers and tax-collectors for State taxes are now conditioned. (b) Bond and security, payable to the Ordinary of Cobb County, Georgia, conditioned for the faithful performance of his duties as such county tax-commissioner, in the same sum, amount, and manner as is now provided by law for tax-receiver and tax-collector of Cobb County, Georgia, which said bonds must be filed with and approved by said ordinary and recorded as other officers' bonds. The security on said bonds shall be a bonding company legally authorized to do business in the State of Georgia, and the premium on said bonds shall be paid from funds of Cobb County, Georgia, as part of the expense of the county government. However, at no time shall the funds in possession of the tax-commissioner exceed the amount of the bond required of and furnished by him to the ordinary, as tax-collector; and in the event of a failure to strictly comply with this provision of this Act, the tax-commissioner shall forfeit 10% of his monthly salary for each day of such violations, and said amount shall be deducted from his

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monthly compensation and paid into the general funds of said county. If said county tax-commissioner shall fail and neglect to give and file said bonds as herein required within ten days from the time of entering upon the discharge of the duties of his office, the commissioner of roads and revenues of Cobb County shall declare a vacancy in said office, which vacancy shall be filled in the manner herein provided. Oath. Bond. Section 12. Be it further enacted by the authority aforesaid, that said tax-commissioner shall perform each, every, and all of the duties now required of both the tax-receiver and tax-collector of Cobb County, Georgia, 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. Section 13. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues of Cobb County is hereby authorized and empowered, for and in behalf of Cobb County, to levy and collect a tax on all taxable property in Cobb County, Georgia, sufficient to pay the salary of said tax commissioner and the expenses of his office as herein provided. Tax to pay salary. Section 14. Be it further enacted by the authority aforesaid, that all fees, commissions, percentages, and allowances paid by the State of Georgia to the tax-receiver and the tax-collector for receiving and collecting State taxes, and also all fees, commissions, percentages, and allowances now paid to the tax-receiver and tax-collector for receiving and collecting taxes by Cobb County, Georgia, and any and all school districts thereof, and any and all political subdivisions thereof when this Act shall become effective, shall be by said tax-commissioner collected and paid to the designated officer as the law now provides or may hereafter provide, to the credit of the general funds of Cobb County, Georgia; also all fees and costs allowed by law

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to the tax-collector for issuing fi. fas. against delinquent taxpayers, when this Act shall become effective, shall be by said tax-commissioner collected and paid to the designated officer as the law now provides or may hereafter provide, to the credit of the general funds of Cobb County, Georgia. Said funds shall be withdrawn as other county funds are withdrawn. Fees, etc., to go to general funds of county. Section 15. Be it further enacted by the authority aforesaid, that if any portion of this Act shall be held invalid, the whole of this Act shall not thereby become void, but only so much of the same as may be declared invalid; the purpose of this Act being to put into effect in Cobb County the provisions of the Constitution of this State as is contained in Article eleven (11), Section three (3), Paragraph one (1). Act not invalidated by invalid part. Section 16. Be it further enacted by authority aforesaid, the provisions of this Act shall not become effective until the same shall have been submitted to and approved by a majority of the qualified voters of Cobb County, voting at the general election to be held in the State of Georgia in the year 1934. Said election shall be held under the rules governing elections for members of the General Assembly. The ballots used at said election shall have printed thereon the following: Referendum. 1. For creating the office of Tax-Commissioner. 2. Against creating the office of Tax-Commissioner. Those favoring consolidating the offices of tax-receiver and tax-collector and creating the office of tax-commissioner shall vote For creating the office of Tax-Commissioner, and those opposed to consolidating the offices of tax-receiver and tax-collector and creating the office of tax-commissioner shall vote Against creating the office of Tax-Commissioner. Should a majority of the qualified voters of Cobb County participating in said election vote For creating the office of Tax-Commissioner, then this Act

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shall be full of force and effect, and the offices of tax-receiver and tax-collector shall be consolidated as of January 1st, 1937, and the office of tax-commissioner of Cobb County be established as of that date; and the ordinary shall so declare and publish. If a majority of the qualified voters of Cobb County participating in said election shall not vote For creating the office of Tax-Commissioner, then this Act shall not become effective, and the offices of tax-receiver and tax-collector of Cobb County shall not be consolidated, and the office of tax-commissioner of Cobb County shall not be established; and the ordinary shall so declare and publish. Section 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. COBB TREASURY-DEPOSITORY; REFERENDUM. No. 74. An Act to abolish the office of county treasurer in and for the County of Cobb; to prescribe additional duties of the Commissioner of Roads and Revenues of Cobb 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 provide for giving bond; to provide referendum for 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 from and after the approval of this Act, or at any time prior to that date that a vacancy may occur by death, resignation or otherwise, the office of county treasurer of Cobb County shall be and the same is hereby consolidated with the office of commissioner of roads and revenues, as hereinafter provided. Office of treasurer consolidated.

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Section 2. Upon the abolition of the office of county treasurer as herein provided, the county treasurer then in office shall immediately deliver to the commissioner of roads and revenues of Cobb 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, etc. Section 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 to the credit of Cobb County, Georgia, in some good and solvent bank or banks in said county as may furnish satisfactory security or bond. Upon the abolition of the office of county treasurer all county funds of Cobb 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. Deposit in bank. Disbursement by commissioner. Section 4. Upon the abolition of the office of county treasurer it shall be the duty of the commissioner of roads and revenues of Cobb County: Duties of commissioner. (1) To diligently collect from all officers and others all sums due Cobb 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 provided. (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 Code of Georgia of 1910. (4) To take receipt on each order or voucher when paid, and carefully file it away.

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(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. (7) To exhibit to the first grand jury, at the first sessions 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 March, annually, to file with the Ordinary of Cobb County a full statement of his account, 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. (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 Cobb in which sheriff's advertisements are published his annual statement to the ordinary of Cobb County, containing a full and complete statement of the finances of the county during the preceding year, and showing the total receipts, and from what sources derived, and all disbursements and for what purposes paid out; and shall be in such form 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

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it has been necessary heretofore for the county treasurer to perform. Section 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 of Cobb 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 Cobb County, Georgia. All vouchers, checks, and orders issued by said commissioner of roads and revenues shall be signed by said commissioner and countersigned by a member of the advisory board of said county, and the banks herein selected are authorized to pay all vouchers so signed. Warrants. Section 6. The commissioner of roads and revenues of Cobb County shall give a bond payable to the ordinary of Cobb County, in addition to the bond now required by law, in the same sum and amount as is now required of the county treasurer, 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, and the ordinary of Cobb County is made the officer to represent said county in such proceedings. The cost of this bond shall be paid by Cobb County, Georgia. Bond of commissioner. Section 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 Cobb County shall have the right to proceed against said commissioner and the security or securities

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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 Cobb County herein, at the 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. Liability of commissioner. Removal from office. Section 8. Be it further enacted, that before any bank or banks shall receive any of the funds of Cobb County or be entitled to receive same, such bank or banks shall execute and deliver to the commissioner of roads and revenues of Cobb County such bond or security as may be required, conditioned for the safekeeping, accounting for, and paying over, upon demand of the proper authorities, all monies and funds which may be deposited in said bank by said county. Said bond or bonds shall be in good and solvent surety companies doing business in this State. Upon failure of any bank or 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 bond and/or securities are furnished to him. Bond of bank. Section 9. Be it further enacted by the authority aforesaid, the provisions of this Act shall not become effective until the same shall have been submitted to and approved by a majority of the qualified voters of Cobb County, voting at the general election to be held in the State of Georgia in the year 1934, said election shall be held under the rules governing elections for members of the General Assembly. The ballots used at said election shall have printed thereon the following: Referendum. 1. For consolidating the office of County Treasurer.

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2. Against consolidating the office of County Treasurer. Those favoring consolidating the office of county treasurer with the office of commissioner of roads and revenues shall vote For consolidating the office of County Treasurer, and those opposed to consolidating the office of county treasurer with the office of commissioner of roads and revenues shall vote Against consolidating the office of County Treasurer. Should a majority of the qualified voters of Cobb County participating in said election vote For consolidating the office of County Treasurer, then this Act shall be of full force and effect, and the offices of county treasurer and commissioner of roads and revenues shall be consolidated as of January 1st, 1937, and the ordinary of said county shall so declare and publish. If a majority of the qualified voters of Cobb County participating in said election shall not vote For consolidating the office of County Treasurer, then this Act shall not become effective, and the office of county treasurer of Cobb County shall not become consolidated with the office of commissioner of roads and revenues, and the ordinary shall so declare and publish. Section 10. Be it further enacted by the authority aforesaid, that if any portion of this Act shall be held invalid, the whole of this Act shall not thereby become void, but only so much of the same as may be declared invalid; the purpose of this Act being to put into effect in Cobb County the provisions of the Constitution of this State as is contained in Article eleven (11), Section three (3), Paragraph one (1). Act not invalidated by invalidity of part. Section 11. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 27, 1933.

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COFFEE TAX-COMMISSIONER'S SALARY No. 292. An Act to amend an Act entitled An Act to abolish the office of tax-receiver and tax-collector of Coffee County, Georgia; to create the office of county tax-commissioner of Coffee 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 Coffee County, Georgia,; to provide for the election of said county tax-commissioner, and the method of filling vacancies 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, approved August 14, 1931, by repealing section ten (10) of said Act, fixing the compensation of said county tax-commissioner; by providing that said tax-commissioner shall be paid a salary; by providing for the levy of a tax to pay such salary, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, as follows: Section 1. From and after the passage of this Act, the Act approved August 14, 1931 (Georgia Laws, 1931, page

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443), abolishing the office of tax-receiver and tax-collector of Coffee County, Georgia, and creating the office of tax-commissioner of Coffee County, Georgia, and fixing his compensation, be and the same is hereby amended by striking Section 10 of said Act in its entirety, and inserting in lieu thereof the following: Section 10. Be it further enacted by the authority aforesaid, that the compensation of the county tax-commissioner of Coffee County, Georgia, shall be twenty four hundred ($2,400.00) dollars per year, payable monthly, out of general county funds, upon warrants issued by the Board of Commissioners of Roads and Revenues of Coffee County, Georgia, which shall include all clerical expense. Salary $2,400. Section 2. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues of Coffee County, Georgia, is hereby authorized and empowered to levy and collect a tax sufficient to pay the salary of said county tax-commissioner, the same to be levied and collected as other taxes are levied and collected. Tax to pay salary. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. COLQUITT TAX-COLLECTOR AND RECEIVER; OFFICES ABOLISHED. No. 148. An Act to abolish the offices of tax-receiver and tax-collector of Colquitt County, Georgia. 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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1. That the offices of tax-receiver and tax-collector of Colquitt County, Georgia, be and the same are hereby abolished. Offices abolished. 2. That the provisions of this Act shall not become effective until December 31, 1933, inclusive. Effective when. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1933. COLQUITT TAX-COMMISSIONER; OFFICE CREATED. No. 388. An Act to create the office of County Tax-Commissioner of Colquitt County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force in this State as to tax-collector and tax-receivers, when the provisions of this Act become effective, shall be of full force and effect as to the County Tax-Commissioner of Colquitt County, Georgia, 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, except for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for and paid into the treasury of Colquitt County, Georgia; to provide the necessary expenses of said office; to provide for the election of said county tax-commissioner and the method of filling vacancies; to provide for the giving of bond by such officer; to provide for putting into effect the first paragraph of section three of article eleven of

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the Constitution of the State of Georgia; to provide for the appointment of a county tax-commissioner of Colquitt County, Georgia, until December 31, 1936; to provide for the appointment of an assistant tax-commissioner of said county until December 31, 1936; to fix the pay of such assistant tax-commissioner; and for other purposes. Section 1 (A). Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the office of County Tax-Commissioner of Colquitt County, Georgia, is hereby created and established and the right, duties, and liabilities of the said county tax-commissioner of Colquitt County, Georgia, shall be the same rights, duties, and liabilities of the offices of tax-receiver and tax-collector of said county, had said offices not been abolished; and the laws of this State governing the duties, rights, and liabilities of tax-receivers and tax-collectors shall, for all intents and purposes, and so far as applicable, govern the duties, rights, and liabilities of the county tax-commissioner of Colquitt County, Georgia. Tax-commissioner; office created; duties. Section 1 (B). Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the office of assistant tax-commissioner of Colquitt County, Georgia, is hereby created and established, the rights, duties, and liabilities of said office shall be the same rights, duties, and liabilities of the office of tax-receiver of said county, had said office not been abolished; and the laws of this State governing the duties, rights, and liabilities of tax-receiver shall, for all intents and purposes, in so far as applicable, govern the duties, rights, and liabilities of said assistant county tax-commissioner of Colquitt County, Georgia. Assistant tax-commissioner. Section 2. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act became effective, and all tax fi.

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fas. theretofore issued by the tax-collector of said county, shall have full force and effect, and be collectible as issued, by the county tax-commissioner of Colquitt County, Georgia. Collection of taxes now due. Section 3. Be it further enacted by the authority aforesaid, that all fees, commissions, and all other compensations allowed the tax-receiver and tax-collector of Colquitt County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterwards, were it not for the provisions of this Act, shall be collected by said county tax-commissioner and paid into the treasury of Colquitt County, Georgia, except as hereinafter provided. Fees, commissions. Section 4. Be it further enacted by the authority aforesaid, that the provisions of this Act, shall become effective January 1, 1934, except as herein modified, explained, and provided. Act effective when. Section 5. Be it further enacted by the authority aforesaid, that the compensation of the tax-commissioner of Colquitt County, Georgia, shall be a sum equal to seventy (70%) per cent. of the fees, commissions, and all other compensation accruing or which would accrue to the tax-collector of Colquitt County, Georgia, were that office continued, said amount to be paid said tax-commissioner as taxes are collected by him; provided, however, that upon all taxes for the year 1933 and for the years prior to 1933, whenever collected, said tax-collector, as now constituted, shall be entitled to the fees, commissions, and compensations as are now allowed him by law. Compensation. Section 6. Be it further enacted by the authority aforesaid, that the compensation of the assistant tax-commissioner, herein provided for until December 31, 1936, shall be a sum equal to seventy (70%) per cent. of the fees, commissions and all other compensations accruing or which would accrue to the tax-receiver of Colquitt County, Georgia,

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were that office continued, said amount to be paid said assistant tax-commissioner as taxes are collected; provided, however, that upon all property returned to the tax-receiver of Colquitt County, Georgia, for the year 1933, the fees, commissions, and all other compensations allowed by law during said year shall be paid him as if his office were not abolished. Assistant's pay. Section 7. Be it further enacted by the authority aforesaid, that W. H. Murphy, of Colquitt County, Georgia, be and he is hereby named Tax-Commissioner of Colquitt County, Georgia, from the date this Act becomes effective to December 31, 1936. Commissioner named; term. Section 8. Be it further enacted by the authority aforesaid, that S. E. Sharpe, of Colquitt County, Georgia, be and he is hereby named Assistant Tax-Commissioner of Colquitt County, Georgia, from the date this Act becomes effective to December 31, 1936; provided, however, that the office of assistant tax-commissioner of Colquitt County, Georgia, shall cease and expire on December 31, 1936, or upon a vacancy occuring in said office, for any reason whatever, prior to December 31, 1936. Assistant named; term. Section 9. Be it further enacted by the authority aforesaid, that the office of county tax-commissioner of Colquitt County, Georgia, shall be elective at the same time and place under the same laws as other county officers are now elected at the general elections of county officers in this State, and quadrennially thereafter, the first election for such officer to be the general State election for the year 1936, and the tax-commissioner then elected shall enter upon the duties of the office created hereby on January 1, 1937, and shall serve for a term of four years. If a vacancy should occur in said office, then the office shall be filled in the same manner as vacancies are now filled in other county offices. Elections. Section 10. Be it further enacted by the authority aforesaid, that before entering upon the duties provided

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for in the office created herein, the said county tax-commissioner shall take the oath now prescribed by law for tax-collectors, and shall give bond in the sum of not less than $25,000.00, which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia; and the fee for such bond shall be paid by Colquitt County, Georgia, as a part of the costs of county government; provided, the Board of Commissioners of Roads and Revenues of said county, or other comparable authority, shall have the authority to increase the amount of said bond. Oath Bond. Section 11. Be it further enacted by the authority aforesaid, that tax-commissioner herein named and his successor in office shall have an office in the court-house in Colquitt County, Georgia, which said office shall be kept open at least seven hours a day, Sundays and holidays excluded. Office, hours. Section 12 (A). Be it further enacted by the authority aforesaid, that after December 31, 1936, the tax-commissioner of Colquitt County, Georgia, shall have authority to employ clerical help in his office, for such periods of time as are reasonably necessary for the proper conduct and administration of the affairs of such office; provided, that the number of such employees and the amount of their compensation shall be fixed and determined and paid by the Board of Commissioners of Colquitt County, Georgia, or other comparable authority in said county; and provided further, that the tax-commissioner of said county and his bondsmen or surety shall be liable for any all loss sustained by said county by reason of any defalcation, embezzlement, or other similar act upon the part of any such employee. Clerical help. Section 12 (B). The Board of Commissioners of Roads and Revenues of Colquitt County, Georgia, or other comparable authority in said county, shall furnish said

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tax-commissioner and said assistant tax-commissioner with all supplies, equipment, record-books, etc., reasonably necessary for the successful administration f said office, the expense of which shall be borne by Colquitt County, Georgia, as a part of the expense of county government. And provided further, that the expenses of said assistant tax-commissioner, incurred in the performance of his duties, shall be borne by said county as a part of the cost of county government. Books, supplies. Section 13. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held unconstitutional by the court of last resort of this State or of the United States, the whole 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, Section three, Paragraph one. Act not in validated by invalid part. Section 14. 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 March 24, 1933. COLQUITT TREASURER IN LIEU OF BANK. No. 105. An Act to amend an Act entitled An Act to abolish the office of county treasurer of Colquitt County, 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, said Act approved August 24, 1931, by providing that the county commissioners or other comparable authority may appoint any competent person of said

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county, including the clerk of county commissioners, if any, to act as treasurer in lieu of a solvent chartered bank as depository; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act approved August 24, 1931, entitled An Act to abolish the office of county treasurer of Colquitt County, 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, shall be amended by adding thereto a new section, to wit: Act amended. Section 4-A. Be it further enacted by the authority aforesaid, that said county commissioners or other comparable authority may, in their discretion, appoint any competent person of said county, including the clerk of county commissioners, if any, to act as treasurer of said county in lieu of a solvent chartered bank as depository, subject to such rules and regulations as may be prescribed by said county commissioners or other comparable authority. Appointment of treasurer in lieu of bank as depository. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1933. COOK TAX-COMMISSIONER. No. 209 An Act to abolish the offices of tax-receiver and tax-collector of Cook County, Georgia, to create the office of tax-commissioner of Cook 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

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be of full force and effect as to the tax-commissioner of Cook County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all tax fi. fas. therefore 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 tax-commissioner herein provided for, and by him paid to the board of roads and revenues, or the bank designated as a depository for county funds; to provide for the election of said tax-commissioner and the method of filling vacancies; to provide for the giving of bonds by such officer; to provide for reports to the State; to provide for the putting into effect the Constitution of this State as contained in Article 11, section 3, paragraph 1; 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 upon the expiration of the terms of the present tax-receiver and the present tax-collector in and for said County of Cook, said offices shall be and they are hereby abolished. Offices abolished. Section 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner of Cook County, Georgia, is hereby created in lieu of said office, and that the rights, duties, and liabilities of said office of tax-commissioner of Cook County shall be the same as the rights, duties, and liabilities of the tax-collector and tax-receiver 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. Office of tax-commissioner created. Section 3. Be it further enacted by the authority aforesaid, that all taxes now due and payable, and all tax fi. fas.

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heretofore issued by the tax-collector of Cook County, Georgia, shall have full force and effect and be collectible as issued. Collection of taxes now due. Section 4. 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 Cook County, Georgia, at the time of this Act becomes effective, or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by said county tax-commissioner and paid over to the board of commissioners of roads and revenues or to the bank designated as a depository for county funds. Fees, commissions. Section 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 Cook 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 1936, and quadrennially thereafter, and the person so elected shall enter upon the duties of the office hereby created on January 1, 1937. 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 4 years. Election. Vacancy. Section 6. Be it further enacted by the authority aforesaid, that the compensation of the county tax-commissioner of Cook 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 Cook County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such offices thereafterward were it not for the provisions of this Act; and same shall be paid proportionately, monthly, as near as same can be estimated, until the same is changed by law, and from this sum he shall pay all clerical hire and expenses of the office, except equipment, stationery, and printing. Compensation.

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Section 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 give the same bonds as are now or may hereafter be required of the tax-collectors, which bonds 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 bonds shall be paid out of the funds of Cook County, Georgia, as a part of the expense of county government, or out of the remaining portion of commissions going into the county funds under the provisions of this Act heretofore accruing to and paid to the tax-receiver and tax-collector of said county. Oath. Bond. Section 8. Be it further enacted by the authority aforesaid, that said tax-commissioner of Cook County be and he is hereby required to furnish the commissioners of roads and revenues, with an itemized statement under oath, each month, of all fees, commissions, cost, or other money received and collected by him for said county, and to furnish such reports to the State authorities as are now required or may hereafter be required of tax-receivers and tax-collectors of this State. Statement of collections. Section 9. Said tax-commissioner shall have an office in the court-house, which said office shall be kept open during banking hours each day, Sunday and legal holidays excepted. Office hours. Section 10. 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 in this State to be unconstitutional, the whole of this Act shall not hereby 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 contained in article 11, section 3, paragraph 1. Act not invalidated by void part.

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Section 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 March 23, 1933. COWETA TAX-COMMISSIONER. No. 45. An Act to abolish the offices of tax-receiver and tax-collector of Coweta County, Georgia; to create the office of Coweta County tax-commissioner; to fix his qualifications, his compensation, his duties, and his term of office; 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 Coweta County tax-commissioner, so far as the same are applicable, and where not herein abolished; to provide that tax fi. fas. issued by the tax-collector and unpaid when this Act takes effect shall continue of full force and be collected by the tax-commissioner as could have been by the tax-collector; to provide that all fees, commissions, and other costs and compensation formerly paid to either the tax-receiver or the tax-collector, or collected by either of them before this Act becomes effective, shall be collected by the Coweta County tax-commissioner and by him paid into the treasury of Coweta County, Georgia; to provide for payment of the necessary expense of said office of tax-commissioner; to provide for the election of a Coweta County tax-commissioner; to provide for filling vacancies in the office of tax-commissioner; to provide for giving bond and taking oath by the Coweta County tax-commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that in accordance with and by authority

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of an amendment to the Constitution of the State of Georgia, approved August 18, 1924, the offices of tax-receiver and tax-collector of Coweta County, Georgia, are hereby abolished, and the duties of the two offices are hereby consolidated into one office, and placed under one man to be known and designated as Coweta County Tax-Commissioner. And the rights, duties, and liabilities of the said office of Coweta County tax-commissioner shall be the same as the rights, duties, and liabilities of the tax-receiver and tax-collector of said county, so far as the same are applicable. Offices abolished. Office of tax-commissioner created. Section 2. 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 Coweta County, Georgia, shall have full force and effect and be collected by the Coweta County tax-commissioner. Collection of taxes now due. Section 3. 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 Coweta 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 tax-commissioner and paid into the treasury of Coweta County, Georgia. Fees, etc. Section 4. Be it further enacted by the authority aforesaid, that Coweta County tax-commissioner shall hold office for a term of four (4) years, beginning January 1st, 1937, and said tax-commissioner shall be elected at the regular general election to be held for the State in 1936, and every four years thereafter. This Act shall become effective January 1st, 1937. Term 4 years; election. Effective when. Section 5. Be it further enacted by the authority aforesaid, that said Coweta County tax-commissioner shall be elected at the general election held in the State of Georgia

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in the year 1936, and at the same general election each four years thereafter, in the same manner, time, and place as clerks of the superior court are elected. Election. Section 6. Be it further enacted by the authority aforesaid, that said Coweta County tax-commissioner shall be commissioned and qualified as the tax-receivers and tax-collectors are now commissioned and qualified. Commission. Section 7. Be it further enacted by the authority aforesaid, that said Coweta County tax-commissioner shall receive and be paid, as full compensation for all duties performed by him as receiver and collector of State, county, school-district, and any and all other taxes, including professional, poll, and special taxes, as well as costs for issuing tax fi. fas., a fixed salary of $2,500.00 per annum, to be paid in equal monthly installments of $208.33 each; and said tax-commissioner out of said salary shall pay whatever clerical help that may be necessary for him to have to perform the duties of said office. Said salary to be paid by the commissioners of roads and revenues of said county from the funds in the county treasury. Salary $2500, covers clerical help. Section 8. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said Coweta County tax-commissioner shall take the oath now prescribed by law for the tax-collector, and shall give bond and security in the amount of $50,000.00. Said bond to be approved by the commissioners of roads and revenues. Oath. Bond. Section 9. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenues of Coweta County, Georgia, shall levy and collect a tax for the maintenance of said office and of the office supplies and pay the salary of said Coweta County tax-commissioner, and that said county commissioners shall pay out of the general funds of the county the premium of the bond or bonds required of said Coweta County tax-commissioner. Tax to pay salary, etc.

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Section 10. Be it further enacted by the authority aforesaid, that the said Coweta County tax-commissioner shall have his office in the court-house in Coweta County and shall keep his office open every day of the year, except Sundays and legal holidays; and he shall not go into any of the various precincts of said county either to receive or collect taxes, but all taxes shall be received and collected at his office and not otherwise. Office, hours. Section 11. Be it further enacted by the authority aforesaid, that if a vacancy should at any time occur in said office of Coweta County tax-commissioner, then same shall be filled in the same manner as vacancies are filled in other county offices. Vacancy in office. Section 12. Be it further enacted by the authority aforesaid, that if at any time there should occur a vacancy in the office of Coweta County tax-commissioner, it shall be the duty of the commissioners of roads and revenues of Coweta County, Georgia, and they are hereby empowered, to immediately designate some competent person to take charge of said office and perform the duties thereof until an election is held and a tax-commissioner is qualified and assumes the duties of said office, and such person so appointed shall receive as compensation for his services a pro rata share of the yearly salary of Coweta County tax-commissioner, and he shall give the bond and take the oath required of said tax-commissioner herein. Same Section 13. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be by the court of last resort of this State held 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 11, section 3, paragraph 1. Act not invalidated by void part.

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Section 14. Be it further enacted by the authority aforesaid, that said Coweta County tax-commissioner shall, as often as requested to do so, furnish the commissioners of roads and revenues with an itemized statement, under oath, of all fees, commissions, costs, or other money received and collected by him for said county. And even without any request, he shall annually furnish such statement under oath, and same shall be filed by said commissioners. Statement of collections. Section 15. 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 February 22, 1933. CRAWFORD SHERIFF'S BOND. No. 390. An Act to fix the amount of the bond of the sheriff of Crawford 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 bond to be given by the sheriff of Crawford County, Georgia, to enable him to qualify, shall not be less than three thousand and not more than ten thousand dollars, to be fixed by the Ordinary of Crawford County. Amount of bond. Section 2. Be it further enacted by the authority aforesaid, that the Ordinary of said county shall have the discretion to reduce or increase the amount of said bond at any time after the passage of this Act within the limitations prescribed in Section 1 hereof. Power to change amount. Section 3. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933.

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CRISP SALARIES IN LIEU OF FEES. No. 284. An Act to change the compensation of the clerk of the superior court (whether he be clerk of the superior court only, or ex-officio clerk of other courts), the sheriff, the ordinary, and the tax-commissioner, of Crisp County, from the fee to the salary system; to make provisions regulating the carrying out of said changes; to regulate the disposition of fees and costs; and for other 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 compensation of the clerk of the superior court (whether he be clerk of the superior court only, or ex-officio clerk of other courts), the sheriff, the ordinary, and the tax-commissioner of Crisp County, upon a fee system, be abolished, and the officers herein named shall hereafter be paid salaries as herein provided instead of the present fee system as now exists in Crisp County. Salaries for county officers. Section 2. Be it further enacted, that the salaries, in Crisp County, of the clerk of the superior court (whether he be ex-officio clerk of other courts or not), the sheriff, the ordinary, and the tax-commissioner shall be fixed at least thirty days before the first day of January in each year (beginning with January, 1937), by the commissioners of roads and revenues of said county, and such salaries shall be fixed each year at the time aforesaid, and shall not be changed during said year. Fixing salaries. Section 3. Be it further enacted, that the officers to whom this Act applies shall furnish to the commissioners of roads and revenues of Crisp County, a statement as to the assistants or deputies required by each official, giving the name and address of each, together with a recommendation as to the salaries, and shall likewise furnish a statement

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of the other expenses connected with the administration of each said officer; and thereupon the said commissioners of roads and revenues of Crisp County shall fix the salaries of such assistants or deputies, and shall set apart for expenses such funds as they may decide to be proper for each officer. Statement of expenses by officers. Section 4. Be it further enacted, that after said salaries and expenses are so fixed by the commissioners of roads and revenues of Crisp County, it shall be proper and lawful for the clerk of the commissioners of roads and revenues to issue warrants to be paid out of the county funds, on the first Tuesday in each month, to pay out the monthly portion of such salaries and expenses to each officer herein named, who shall retain his own salary and disburse the salaries of assistants and deputies and expenses of the office. Payment of salaries. Section 5. Be it further enacted, that all fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisities of whatever kind, which are now or may hereafter be allowed by law to be received or collected as compensation for service by any officer herein named, shall be received and diligently collected by all of said officers and each of them, for the sole use of Crisp County, and shall be held as public monies belonging to Crisp County, and accounted for and paid over to said county on the first Tuesday in each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the sources from which collected, and the commissioners of roads and revenues of Crisp County shall keep a separate account showing the sources from which said funds were paid. Collection of fees, etc. Section 6. Be it further enacted, that commissions now or hereafter allowed by law for the collection of corporation, occupation, and other special taxes shall be collected by the officers aforesaid for the use of the State, and held as public monies belonging to the State, and shall be remitted

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by the officer collecting the same to the State in the same manner and at the same time the taxes are remitted, and none of said commissions shall be turned into the commissioners of roads and revenues of Crisp County. Same. Section 7. Be it further enacted, that the fee system now existing in Crisp County shall be abolished at the expiration of the present terms of the officers named, which shall be on December 31, 1936, and thereafter such officers herein named shall be paid salaries as herein provided. Fee system abolished Dec. 31, 1936. Section 8. Be it further enacted by the authority aforesaid, that should any part of this Act be declared unconstitutional by the Supreme Court, then and in that event the remaining part or portion of said Act shall remain in full force and effect. Act not invalidated by void part. Section 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 March 24, 1933. DADE, ROAD LAW INOPERATIVE IN. No. 212. An Act to provide that the alternative four-days road law, as passed by the legislature, Acts of 1896, page 78, and the road law as passed by the legislature, Acts of 1890-1, page 135, as now provided in Code section number 705 and Code section 694 of Park's annotated Code of Georgia, shall not be operative in Dade County. 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, in Dade County, the alternative four-days road law as passed by the General Assembly, Acts of 1896, page 78, and the alternative road law passed by the General Assembly, Acts

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of 1890-1, page 135, shall not be operative, no road tax shall be collected, and no compulsory road duty shall be required of any of the citizens and people of Dade County. Road laws not operative in county. Section 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 March 23, 1933. DADE COMMISSIONERS; BOARD ABOLISHED. No. 214. An Act to repeal an Act approved by the General Assembly August 15, 1914, and the amendatory Act thereto, approved August 13, 1915. Section 1. 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 creating a Board of Commissioners of Roads and Revenues for the County of Dade, approved August 15, 1914, be and the same is hereby repealed. Board abolished. Section 2. Be it further enacted by the authority aforesaid, that an Act amending the act approved August 15, 1914, by designating one of the members of said board of commissioners of roads and revenues as secretary thereof, instead of the ordinary of the county, which act was approved August 13, 1915, be and the same is hereby repealed. Repealed Act. Section 3. Be it further enacted by the authority aforesaid, that this act shall become effective and operative on December 31, 1934. Act effective when. Section 4. Be it further enacted by the authority aforesaid, that from and after 12:00 midnight, December 31,

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1934, the board of commissioners of roads and revenues are hereby abolished. Approved March 23, 1933. DOOLY FUNDS FROM HIGHWAY CERTIFICATES, REFERENDUM. No. 287. An Act to provide the disposition to be made by the County of Dooly of the certificates of indebtedness and funds accruing to said county under the provisions of an Act approved March 1, 1933, providing for the issuance of certificates of indebtedness by the State Highway Board to the various counties of this State, enacted pursuant to the amendment to the Constitution of this State, proposed by the General Assembly August 25, 1931, and ratified by the people at the general election of November, 1932; by providing that said county shall employ and use said funds for the construction of certain high-school buildings, and providing a referendum with reference thereto; by providing that said county shall set aside out of such funds $50,000.00 for the construction of a highschool building under certain contingencies, and providing a referendum with reference thereto; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that the sum of $192,022.91 due to the County of Dooly under the provisions of an Act approved March 1, 1933, entitled An Act to enable the State Highway Department of Georgia to effectually carry out and put into effect to provisions of the amendment to the Constitution of the State of Georgia, proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed in said Act at the general election held in the State

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of Georgia on November 8, 1932; to declare and define the amount of indebtedness of the several counties of this State and the Coastal Highway District liable, for payment under the provisions of said amendment; to provide for annual installments and the maturities thereof for the payment of said indebtedness; to provide a method for issuing certificates of indebtedness and form therefore; to prescribe the manner of execution and delivery of such certificates; to provide for the transfer or negotiation of such certificates; to declare such certificates as instruments of government and non-taxable; to provide a method of registration for such certificates; to provide a penalty for forging or counterfeiting the same; to provide for the disposition of funds realized or received from said certificates of indebtedness; to provide for the adjudication of differences between any of the several counties hereinafter named, and/or the Coastal Highway District on the one hand, and the State Highway Department on the other; to provide for establishment of any original lost or destroyed certificates of indebtedness heretofore issued by the State Highway Department to any county or district; and for other purposes, shall be employed, used, and expended by said county in the manner and for the purpose provided by this Act. Section 2. Be it further enacted, that it shall be the duty of the commissioners of roads and revenues of said county to set apart a sufficient amount of said certificates of indebtedness as provided for by said Act approved March 1, 1933, to pay, or provide a sinking-fund to retire, the bonded indebtedness of said county, as authorized by Section 12 of said Act approved March 1, 1933. Sinking fund from highway certificates. Section 3. Be it further enacted, that it shall be the duty of said commissioners of roads and revenues to set aside $50,000.00 of the certificates of indebtedness, for constructing and equipping county high-school buildings in said County of Dooly, the amount shall be set apart and

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transferred to the county board of education of said county by said commissioners of roads and revenues on behalf of said county, and the title thereto shall vest in said county board of education for the purpose of carrying out the provisions of this section. With said sums of money or such certificates of indebtedness the said county board of education shall proceed to construct and equip suitable high-school buildings of such design of construction and of such material as said county board of education may determine, suitable for conducting standard county high schools. The title of said county high-school buildings shall vest in the county board of education of said county, and the said county board of education shall maintain said buildings and shall cause to be conducted in each of said buildings a standard high school available to all of the children of high-school age of said county. Fund to board of education for high-school buildings. The provisions of this Section shall not become effective unless and until the same shall be approved by the qualified voters of said county at an election called for that purpose. The ordinary of said county shall be and is hereby authorized, empowered, and directed to call an election to be held in said county within ninety days from the passage and approval of this Act, thirty days notice of which shall be given by said ordinary by publication in the official gazette of said county. At said election there shall be submitted to the qualified voters of said county, for their determination, whether or not the provisions of this section shall become operative. Said election shall be participated in by the voters of said county qualified to vote for members of the General Assembly, and said election shall be held under the rules and regulations governing elections for members of the General Assembly. Those desiring to vote in favor of the ratification of this section shall have written or printed on their ballots the words, For County High-School Buildings; those desiring to vote against the ratification of this section shall have written or printed on their

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ballots the words Against County High-School Buildings. The returns of said election shall be made to the ordinary, who shall ascertain and declare the result thereof. If a majority of the qualified voters voting at said election shall vote in favor of the ratification of this section, the ordinary shall so declare, and the same shall immediately become operative and of full force and effect. Referendum. Section 4. Be it further enacted, that if any section or part of this Act shall be declared invalid or unconstitutional for any reason, such declaration shall not affect the remaining sections or parts thereof, but same shall remain of full force and effect. Act not invalidated by void part. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. DODGE TAX-COMMISSIONER. No. 335. An Act to consolidate the offices and duties of tax-receiver and tax-collector in the County of Dodge; to create the office of county tax-commissioner for said county; to prescribe the powers and duties of such officer; to fix his compensation; to provide for his election and the method of filling vacancies in said office; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the office of tax-collector and the office of tax-receiver for and in the County of Dodge, State of Georgia, be and the same are hereby abolished, and the office of tax-commissioner of Dodge County, Georgia, is hereby created in lieu thereof,

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as authorized by an amendment to the Constitution of Georgia, approved August 18th, 1924, and found on pages 815-817, Acts General Assembly of Georgia for 1924, and ratified as constitutional amendment article eleven (11), section three (3), paragraph one (1); it being herein specifically provided, designated, and declared that such abolishment and consolidation of the offices of tax-collector and tax-receiver shall not take effect in Dodge County, Georgia, until the expiration of the present terms of the officers or their successors in case of a vacancy, now holding the respective positions. Tax-Commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner for Dodge County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the tax-commissioner of Dodge County, Georgia, shall be the same as the rights, duties, and liabilities now or that may hereafter be inherent in the office of tax-collectors and tax-receivers of this State, in so far as the same may be applicable. Section 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. heretofore issued by the tax-collector of Dodge County, shall have the same force and effect and be collectible by the tax-commissioner as issued, and all fees and costs already accrued shall be paid the outgoing officers. Collection of taxes now due. Section 4. Be it further enacted by the authority aforesaid, that all fees, costs, commissions, and all other compensation heretofore allowed the tax-collector and tax-receiver of Dodge County by the State of Georgia for services rendered to the State, and heretofore paid by the State, shall be paid into the treasury of Dodge County, and that such sums as the State may hereafter allow shall be paid into said treasury. Fees, etc., to go into treasury.

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Section 5. Be it further enacted by the authority aforesaid, that the said tax-commissioner of Dodge County, Georgia, shall receive as compensation to be paid by Dodge County a salary of $2,500.00 a year, payable in twelve (12) equal installments on the first day of each month. Salary $2500. Section 6. Be it further enacted by the authority aforesaid, that the compensation of the tax-commissioner in Dodge County shall be paid from the treasury of Dodge County by county warrant, and such payments to the tax-commissioner of said county shall be in full of any and all claims for any fees, costs, commissions, or other charges that have heretofore been or that might have been collected by the tax-collector and tax-receiver of Dodge County, or the county-school authorities, for any and all duties performed. Payment of salary in lieu of fees, etc. Section 7. That the tax-commissioner, immediately upon the receipt of same, shall pay into the county treasury all fees, commissions, and costs that may be derived from any sources. Payment to treasury. Section 8. Be it further enacted by authority of the same, that the said tax-commissioner of Dodge County shall be elected under the same laws now in force for the election of tax-collector or tax-receiver, and when elected he shall be commissioned for the full term of office then in force in Dodge County, and such term of office shall begin as the office of tax-collector and tax-receiver would have begun if they had not been abolished. The said tax-commissioner of Dodge County shall be required to take the same oath as is now required of tax-collectors and tax-receivers in this State, and such tax-commissioner of Dodge County shall give the bond required by the State of Georgia, and such other bond to Dodge County as is now required under existing laws for tax-collectors; provided that the amount of the bond payable to Dodge County, or the ordinary of said county, shall not exceed the amount now required

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of the tax-collector of Dodge County. The said tax-commissioner shall be allowed to give personal or surety bond; provided such bond as given must be approved by the ordinary of Dodge County. Oath, bond. Section 9. Be it further enacted by virtue of the authority aforesaid, that said tax-commissioner shall perform all the duties and be subject to all the penalties heretofore applicable to tax-collectors and tax-receivers of Dodge County, and shall have authority to transact any and all business heretofore transacted by either or both of such officers in regard to closing matters left unfinished at the expiration of the present terms of the tax-collector and tax-receiver of Dodge County. Duties. Section 10. Be it further enacted, that any vacancies in the office of tax-commissioner of Dodge County shall be filled as provided by law for filling vacancies in the office of tax-collector of such county. Vacancies. Section 11. Be it further enacted by virtue of the authority aforesaid, that said tax-commissioner of Dodge County be and he is hereby required to make such reports to the State authorities as are now required or may hereafter be required of tax-collectors and tax-receivers of this State. Reports. Section 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 March 24, 1933. DOUGHERTY TAX-COMMISSIONER; REFERENDUM. No. 356. An Act to consolidate the offices of tax-receiver and tax-collector of Dougherty County, Georgia; to create the

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office of tax-commissioner of Dougherty County, Georgia; to fix the term, and provide for the compensation of said officer; to provide that the laws now or hereafter of force relating to tax-receiver and tax-collector shall be of full force and effect as to said 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 fi. fas. theretofore issued, shall have full force and effect and be collectible as issued; to provide that all fees and commissions and all 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 Dougherty 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 levying of a tax sufficient to pay the salary of said tax-commissioner and his assistants, and the necessary expense of said office; 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 provisions of the Constitution of this State, as contained in article eleven (11), section three (3), paragraph one (1); to provide that this Act shall not become operative until ratified by a majority of the qualified voters of Dougherty County, Georgia, voting at an election to be held for that purpose as herein provided; 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 offices of tax-receiver and tax-collector of Dougherty County, Georgia, are hereby consolidated, so that there shall no longer exist any independent office of tax-receiver or tax-collector in said county, but the official performing the duties of said two offices, when so consolidated,

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shall be known as the county tax-commissioner of said county. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority aforesaid, that the office of county tax-commissioner of Dougherty 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 Dougherty 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 the same are applicable, except that all commissions or fees which would accrue to the occupant of either of said offices, had this Act not been passed, shall be paid over to the treasurer, or person acting as such, of the County of Dougherty. With this exception, all laws now of force or hereafter enacted, relating to tax-receivers and tax-collectors, are hereby made applicable to said county tax-commissioner, so far as consistent with the provisions of this Act. Section 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. heretofore issued by the tax-collector of Dougherty County, Georgia, shall have force and effect and be collectible as issued. Collection of taxes now due. Section 4. Be it further enacted by the authority aforesaid, that all fees, commissions, and other compensation now or hereafter allowed by law to the tax-receiver or tax-collector of a county, shall be collected by said county tax-commissioner and paid over to the treasurer, or person acting as such, of the County of Dougherty. Fees to go to treasury. Section 5. Be it further enacted by the authority aforesaid, that the election of the county tax-commissioner of Dougherty County, Georgia, shall be held at the same time, and under the same laws, as are of force for the election of other county officers,at the general election to be held

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for said county officers in 1936, and quadrenially thereafter, and the person so elected shall enter upon the duties of his office on January 1st following his election, and shall serve for a term of four years; but the first election of such county tax-commissioner shall be at a special election to be called by the ordinary of Dougherty County, Georgia, to be held as soon as possible, with due notice thereof published, after this Act shall have been ratified by the referendum hereinafter provided, and the county tax-commissioner elected at said special election shall hold office until January 1st, 1937, and until his successor is elected and qualified. Notice of said special election shall be published by said ordinary once a week for three weeks prior to said election, in the newspaper in which are published the sheriff's advertisements of said county. Vacancies in the office of said county tax-commissioner shall be filled in the same manner, and under the same rules and regulations, as vacancies are filled in the office of the clerk of the superior court. Election. Section 6. Be it further enacted by the authority aforesaid, that the compensation of said county tax-commissioner, and such assistants as the commissioners of roads and revenues of said county, or other persons having charge of the fiscal affairs of said county, may allow them, shall be fixed on a salary basis each year by the commissioners of roads and revenues of said county, or other persons having charge of the fiscal affairs of said county, at their first regular meeting in each year, or as soon thereafter as possible, except that the compensation of the first county tax-commissioner to be elected at said special election provided for in this Act, together with the salaries of such assistants as may be allowed him, shall be fixed by said county commissioners, or other persons having charge of the fiscal affairs of said county, at their first regular meeting after said first county tax-commissioner has been elected, or as soon thereafter as possible. The salaries of all such county tax-commissioners,

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together with that of such assistants as said county commissioners of said county, or other persons having charge of the fiscal affairs of said county, may allow them, together with the expense of stationery and all other expenses of said office, exclusive of the premiums on bonds which shall be paid by the principal in each bond personally, shall be payable monthly out of the general funds of said county. Said salaries when once fixed shall not be increased or diminished during that year. It is hereby expressly provided that the amount of the combined salaries of said county tax-commissioner and all of his assistants, plus the amount of the expense fund for said office, shall in no event exceed the amount of the combined fees and commissions which accrued to the tax-receiver and tax-collector the year previously, or would have accrued to them the year previously had this Act not been passed. Pay of commissioner and assistants. Section 7. Be it further enacted by the authority aforesaid, that the county commissioners of Dougherty County, Georgia, or other persons having charge of the fiscal affairs of said county, shall levy and collect a tax for the maintenance of said office, and for the office supplies, and to pay the salaries of said county tax-commissioner and his assistants. Tax to pay salaries, etc. Section 8. Be it further enacted by the authority aforesaid, that, before entering upon the duties of his office, said county tax-commissioner shall take an oath faithfully to perform all of the duties of his said office, and shall also give bond and security as is required of tax-collectors, and also tax-receivers. Oath, bond. Section 9. Be it further enacted by the authority aforesaid, that this Act shall not become operative until the same has been approved by the qualified voters of Dougherty County, Georgia, voting at an election to be called by the Ordinary of Dougherty County, Georgia, to be held as soon after the passage of this Act and the approval thereof by

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the Governor as said election can be had, with due compliance with the provision hereinafter contained as to giving notice of said election. Notice of said election shall be published in the newspaper in which are published the sheriff's advertisements of said county, once a week for two weeks prior to said election. Said election shall be held in the same manner, and under the same rules and regulations, as are elections for members of the General Assembly in said county. All persons voting at said election shall have written or printed on their ballots the words For Tax-Commissioner, or the words Against Tax-Commissioner; and should a majority of the votes cast at said election have on them the words For Tax-Commissioner, then this Act shall become of full force and effect on the thirtieth day after the result of said election has been declared; otherwise this Act shall be null and void. Referendum. Section 10. Be it further enacted by the authority aforesaid, that if any part of this Act shall be held to be unconstitutional, such part shall not affect the remaining portion of the Act. Act not invalidated by void part. Section 11. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1933. EARLY BOARD OF COMMISSIONERS ABOLISHED. No. 244. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Early, and to define the duties of the same, which said Act was approved February 19, 1876, and appears on page 274 and sequence of the Acts of 1876; which

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said Act was amended by Act approved February 17, 1877, the amendment appearing on page 255 and sequence of the Acts of 1877; which Act was further amended by the Act approved August 13, 1912, and which appears on page 372 and sequence of the Acts of 1912; which Act was further amended by an Act approved August 18, 1913, and which appears on page 382 and sequence of the Acts of 1913; which Act was further amended by an Act approved August 16, 1922, and which appears on page 353 of the Acts of 1922; which Act was further amended by an Act approved July 24, 1924, and which appears on page 329 and sequence of the Acts of 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 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 for the County of Early, and to define the duties of the same, approved February 19, 1876, be and the same is hereby repealed, together with all amendments thereto. Board abolished. Section 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 March 23, 1933. EARLY BOARD OF COMMISSIONERS CREATED. No. 384. An Act to create a Board of Commissioners of Roads and Revenues for the County of Early, State of Georgia; to provide for the election of members thereof; to prescribe their powers, duties, qualifications, and compensation; to repeal all laws in conflict with this Act; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same; that a board of commissioners of roads and revenues, to be known by the official title of the Board of County Commissioners of Early County, is hereby created for the County of Early, State of Georgia. Said board shall consist of five members, who shall be residents of said county and reside in the commissioners' district from which elected, and who shall possess the qualifications of persons eligible to become members of the General Assembly of Georgia. Should said commissioners from any district move out of his district, his office shall therby become vacant and be filled as provided by this Act for filling vacancies on said board. Board created. Section 2. All elections under this Act shall be held at the same time and place, and by the same persons, and under the same rules and regulations as primary and general elections are held for members of the General Assembly of Georgia, at which elections all persons who are qualified to vote for members of the General Assembly shall be qualified to vote for members of said board, the returns from such elections and the result declared to be had in the same manner, and under the same rules and regulations, and by the same persons, as in primary and general elections for members of the General Assembly. The members of said board of county commissioners shall be elected for a term of four years, and until their successors are elected and qualified. Elections. Section 3. Be it further enacted by the authority aforesaid, that Early County be and the same is divided into five commissioners' districts, designated as the Northern District, the Eastern District, the Western District, the Southern District, and the Central District. The Northern District shall be composed of the territory embraced in the 1535th and the 1140th militia districts; the Eastern District shall be composed of the territory embraced in the 1435th

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and the 854th militia districts; the Western District shall be composed of the territory embraced in the 1592nd, the 1760th, and the 510th militia districts; the Southern District shall be composed of territory embracd in the 1572nd and the 430th militia districts; and the Central District shall be composed of territory embraced in the 866th and the 1164th militia districts, all in Early County. The voters of each of the aforesaid districts shall elect a county commissioner from their said district and no voter residing outside of said district shall vote for any other commissioner; it being the intention of this portion of this section to provide that the voters within the prescribed commissioner district shall vote only for the commissioner for their district, and that the commissioner shall not be voted upon and elected from the county at large. Commissioners' districts. Section 4. The members of said board of county commissioners, before entering upon their duties, shall take an oath before, some officer authorized to administer an oath, to discharge honestly and faithfully all the duties of said office according to the laws and the Constitution of the State of Georgia, which oath shall be subscribed by them upon the minutes of the said board. Oath. Section 5. Any vacancy in office shall be filled by appointment made by the judge of the superior court of Early County, the person appointed to fill a vacancy to hold under such appointment only for the unexpired term. Vacancy. Section 6. The said board of county commissioners shall hold a regular meeting on the first Tuesday in every month at the court-house in said county, at the county seat, but they may hold special meetings at any time and at any place in said county that their duties may require. At all such meetings the chairman, if present, shall preside, but in all cases three members of said board shall constitute a quorum to transact business, and the concurrence of any three members shall decide all questions. It shall be the duty of the sheriff of said county, or his lawful deputy, to

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attend all meetings of the said board held at the court-house, for which service he shall be allowed five dollars per day, payable by order upon the county treasury or depository. The board at its first meeting shall elect one of their number chairman, whose duties as such shall be to preside at all meetings, and who shall retain his position during his term of office. Meetings. Sheriff or deputy to attend meeting; per diem. Chairman. Section 7. The clerk of the superior court of Early County shall be clerk of the board of county commissioners. He shall attend all sessions of the board, and shall keep a record of all the acts and doings of said board in a wellbound book, to be provided at the expense of the county. Said clerk shall receive as compensation the sum of five dollars per day for each day he serves said board, to be paid by order upon the county treasury or depository. Clerk. Pay of clerk. Section 8. The said county commissioners shall be paid out of the treasury or depository of the county the sum of sixty dollars per annum, which shall be in full for their services rendered the said board, and shall be paid by order upon the county treasury or depository. Pay of commissioners. Section 9. The said board of county commissioners shall, in their discretion, employ a superintendent of roads and bridges, who shall be selected on account of his efficiency, knowledge, and skill in practical road and bridge building, preference to be given to a civil engineer when he fully measures up to the requirements. The superintendent of roads and bridges may also be a convict warden, in the event the commissioners desire to work convicts upon the public roads; but he shall not engage in any other business, trade, or calling during his term of office. He shall have charge of laying out, building, repairing, improving, and maintaining the public roads and bridges of the county under orders of the board of county commissioners. He shall have authority to employ such free labor for use in the building and repairing of roads and bridges as may be

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authorized by said board of commissioners, which labor shall be under his direct supervision and control, and subject to discharge by him without notice, and without liability upon his part, or on the part of said board, or the County of Early, on account of breach of contract of employment. He shall receive such salary as may be fixed by the said board of commissioners, his term of employment to be such as may be fixed by said board, who may discharge him at any time, without notice, and employ a successor. Superintendent of roads, bridges. To act as convict warden. Duties, powers. Salary. Section 10. The said board of county commissioners shall have and they are hereby vested with exclusive jurisdiction over the following matters: In directing and controlling and caring for all property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing roads, private ways, bridges, ferries, according to law; in establishing, abolishing, and changing election precincts; in supervising the tax-commissioner's books, and allowing the insolvent tax list for said County of Early, according to law; in settling all claims against the county, according to law; examining and auditing all claims or accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county, or appropriated for its use and benefit, and bringing them to settlement; and they are charged with the duty to examine and audit frequently the books of the county treasurer or depository, the tax-collector, the tax-receiver, the tax-commissioner, the sheriff, the superintendent of public schools, local school-district treasurers or other officers of said county through whose hands county funds may pass; this may be done by the commissioners themselves, by their clerk or auditor, or by an auditor employed by them; and they may require from all such officers 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

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county according to law; in making such rules, regulations, and provisions for the support of the poor of the county, and for the preserving and promoting of the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law, in providing for the levying and collecting of road taxes, fixing the amount to be paid in money or number of days work to be performed in lieu thereof; in regulating peddling and fixing license fees, according to law; and generally to have and exercise all of the powers which are by the Constitution and laws of Georgia vested in ordinaries when sitting for county purposes, and to exercise such other powers as are granted by law, or as may be indispensable to their jurisdiction over county matters, or county finances; in selecting and appointing all minor officials of the county whose election or appointment is not otherwise provided for by law, such as superintendent and guards of convicts, and chain-gangs, janitor of court-house, county physician, county attorney, health officer, tax-assessors, county policemen, and such other persons and officers as may be needed and are authorized by the law of the State. Jurisdiction of board. Said board shall have entire control and management of the convicts of said county, and all convicts of the 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 public works of said county as may now or hereafter be adopted or enforced by law in said county; but nothing herein contained shall prevent the said board from abolishing the county chain-gang, and carrying on the necessary public road and bridge work of said county with free labor, should they deem it advisable to do so. Convicts. Said board shall be the custodian of all deeds made to said County of Early by reason of purchases by said county at tax sales, and of all deeds of conveyance made to said

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county for any purposes. The said board shall have authority to make and execute deeds of conveyance to any property, real or personal, which may be sold and conveyed by said county, according to law, such sale to be evidenced by a resolution of said board entered upon the minutes thereof, and a deed or conveyance executed by the members of said board, or a majority of the same. The board shall have authority to appoint two commissioners to make and execute deeds to all properties which have been purchased by said county at tax sales to those persons who are entitled by law to redeem such property, and the resolution of the said board spread upon its minutes shall be deemed sufficient evidence of the authority of such appointed commissioners to execute in the name and behalf of the county such deeds of redemption. Deeds. Section 11. Said board of county commissioners may receive contributions for the improvement of the public roads and bridges of the county from persons who own property along the same, or from any other persons, or from the State Government, or from the United States Government, and such contributions when received shall be used for the improvement of the roads designated by the contributor, in the event a designation is made. Contributions for roads, bridges. Section 12. That it shall be unlawful for said commissioners to employ any person related within the second degree, either by blood or marriage, or to contract with such person or persons for any equipment, material, or supplies to be used upon the public roads, bridges, or other public works of the county. Nor shall any member of said board, nor any person, firm, or corporation by which any member of said board may be employed or have any pecuniary interest in whatever, enter into any contract to sell or furnish any equipment, material, or supplies, or any article or thing of any kind, to be used upon the public roads, bridges, or other public works of the county. If any commissioner violates any provision of this section, he shall be guilty of a

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misdemeanor, and upon conviction shall be punished as for a misdemeanor, as provided for by the Penal Code of Georgia, and shall also forfeit his office. Any such contract so made by a member of said board shall be void, and any warrant or order drawn upon the funds of said county in payment for material furnished under such void contract shall itself be void and unenforceable in the hands of any person, and the custodian of the funds of the county who shall pay any such void warrant or order after having notice thereof, shall be liable himself and his bondsman to refund such fund illegally paid at the suit of any citizen of the county. Kinship or interest as disqualification for employment, etc. Penalty. Section 13. It shall be the duty of said board of commissioners, on the first day of January of each year, or as soon thereafter as may be, to make up a complete inventory of all county property, including all property used in connection with the building of roads and bridges, upon which a fair valuation shall be placed, and which inventory shall be entered by the clerk of said board upon a well-bound book to be kept by him for that purpose; and it shall be the duty of the county road superintendent to make a report to said board, at each regular monthly meeting, of all road machinery, live stock, chain-gang outfits, road tools, wagons, harness, and all other material and equipment in his charge for use in connection with the road and bridge work of said county, which report shall be checked by the board each month against said invetory, any additions to be added thereto; all property shown by said annual inventory in the hands of the road superintendent, and not shown upon his monthly reports, to be accounted for. Inventory of property. Section 14. Until January 1st, 1937, and until their successors are elected and qualified, the following named persons shall constitute said board, to wit: C. L. Cook, J. P. Hudspeth, C. E. Martin, C. A. Tiner and T. G. Harvey, Jr.; and their successors shall be elected in the general election held for election of members of the General Assembly of Georgia in the year 1936, and every four years thereafter. Commissioners named. Election of successors.

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Section 15. Be it further enacted by the authority aforesaid, that if any section, or part of section, of this Act shall be held to be unconstitutional the rmaining sections, or parts of sections, shall not be affected, nor be held unconstitutional on account of said holding. Act not invalidated by void part. Section 16. All conflicting laws, including all acts heretofore passed providing for county commissioners of Early County, or for commissioners of roads and revenues of Early County, are hereby repealed. Approved March 24, 1933. EARLY SHERIFF'S BOND REDUCED. No. 245. An Act to amend An Act to amend an Act reducing the official bond of the sheriff of Early County, Georgia, so as to increase the amount of said bond over and above the amount heretofore fixed by law, approved July 27, 1923 (Georgia Laws, 1923, page 239), so as to change and reduce the official bond of the sheriff of Early County, Georgia, from $20,000.00 to $10,000.00; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act entitled An Act to reduce the official bond of the sheriff of the County of Early from the amount now fixed by law to the sum of $5,000.00, passed August 11, 1881 (Georgia Laws 1881, page 521), as amended by An Act to amend an Act reducing the official bond of the sheriff of Early County, Georgia, so as to increase the amount of said bond over and above the amount heretofore fixed by law, approved July 27, 1923 (Georgia Laws, 1923, page 239), be and the same is hereby amended by striking from the last line of said section of said Act as amended the words increase to the sum of $20,000.00,

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and by inserting in lieu thereof the words reduced to the sum of $10,000.00, so that Secton 1 of the said Act as amended hereby will read as follows: Reduction of bond. Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act the official bond of the sheriff of the County of Early, in this State, shall be reduced to the sum of $10,000.00. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. EARLY TREASURER'S SALARY AND BOND. No. 266. An Act to amend An Act to amend an Act approved August 11, 1925 (Georgia Laws 1925, page 634), entitled an Act affixing the salary of the treasurer of Early County, by changing the amount of salary therein provided for, as amended by an Act of the Legislature approved August 9th, 1929 (Ga. Laws 1929, p. 601), so as to change the amount of the salary of the treasurer of Early County therein provided for; to fix the salary of the treasurer of said county; to reduce his bond; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that Section 1 of the Act of the General Assembly fixing the salary of the Treasurer of Early County, Georgia, approved August 11th, 1925 (Ga. Laws 1925, p. 634), as amended by an Act of the General Assembly approved August 9th, 1929 (Ga. Laws 1929, p. 601), be and the same is hereby repealed in toto, and the following section is hereby enacted in lieu thereof, as Section of said Act:

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Section 1. Be it enacted by the General Assembly of Georgia that on and after January 1st, 1934, the treasurer of Early County shall be paid out of th county treasury a salary of $700.00 per annum, payable monthly, which shall be in full payment for all of his services as county treasurer and in lieu of all fees and commissions now allowed by law. Salary and bond of treasurer. Section 2. Be it further enacted, that Section 2 of the Act of the General Assembly, approved August 11th, 1925 (Ga. Laws 1925, p. 634), be and the same is hereby amended by striking the figures $40,000.00 in the third line of said Section 2, and substituting in lieu thereof the figures $10,000.00, so that said section when amended shall read as follows: Section 2. Be it further enacted, that on and after January 1st, 1934, the treasurer of Early County shall be required to furnish a surety bond in the sum of $10,000.00, conditioned for the faithful performance of his duties, and for the proper accounting of all moneys coming into his possession as treasurer of and belonging to the County of Early. Said bond to be approved by the board of commissioners of roads and revenues of Early County, or the Ordinary of Early County in the event there should be no board of roads and revenues and county commissioners of the County of Early. Section 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 March 23, 1933. EARLY TREASURYDEPOSITORY. No. 251. An Act to abolish the office of county treasurer of Early County, Georgia; to create a county depository in and

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for Early County, and to provide for the receiving and disbursing of county funds, and for the keeping of records relative thereto, and to define the duties of County Commissioners relative thereto; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that on and after January 1, 1937, the office of county treasurer of Early County, Georgia, be and the same is hereby abolished. Office abolished. Section 2. Be it further enacted by the authority aforesaid, that from and after January 1, 1937, the board of county commissioners of Early County shall contract with some bank in Early County, Georgia, as a depository for all funds of Early County, Georgia, for the purpose of receiving and distributing of county funds as heretofore received and distributed by its treasurer; all of the funds received by said county to be deposited in such bank as contracted with the said board of county commissioners. Said bank shall receive as compensation an amount not to exceed the sum of five hundred dollars ($500.00) per annum. Bank as depository. Compensation of bank. Section 3. Be it further enacted by the authority aforesaid, that such bank as contracted with, as provided for in Section 1 of this Act, before entering upon its duties as said depository, shall deliver to the board of county commissioners of Early County a good and solvent bond to the county, with some surety-bonding company doing business in this State as surety, and conditioned for the faithful performance of all duties devolving upon said depository under this Act, the premium therefor to be paid by the county. Bond of bank. Section 4. Be it further enacted by the authority aforesaid, that the board of county commissioners of said county shall furnish said depository with record-books such as will be necessary for the keeping of a complete record of all business done by said depository in connection with the county's business. Said book or books must be labeled in

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the following manner: If cash book, the label must read Cash-Book, Early County Depository. All other books must be labeled in the same manner. Record books, etc. Section 5. Be it further enacted by the authority aforesaid, that the board of county commissioners shall have printed, and ready for use as soon as this Act becomes operative, new County Warrants in the following form: County warrants. Blakely, Ga., , 19 . County Warrant No. . Early County Board of Commissioners orders the , County Depository, to pay ($ ) Dollars, out of fund. Chairman. For All warrants issued after this Act become operative must be issued according to the above form, and must be signed by three of the commissioners of said county before they are authorized to be paid by the county depository; provided, however, that all county warrants drawn on the treasurer of said county outstanding at the time this Act becomes operative shall be paid by the depository in the same manner and form as heretofore handled by the county treasurer, without the necessity of reissuing any of said orders or warrants.

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Section 6. Be it further enacted by the authority aforesaid, that the county depository, as described and created in Section 1 of this Act, is hereby authorized to receive and disburse all county funds as heretofore received and disbursed by its county treasurer. Said depository shall pay out all county funds only upon a regular county warrant, except in such cases where the judge of the superior court of the county has jurisdiction and issues an order upon the county depository, and in that event said depository must secure a county warrant for its record. Disbursements. Section 7. Be it further enacted by the authority aforesaid, that said depository shall keep in a well-bound book or books to be furnished by the county, as set out in Section 4 of this Act, a complete record of all moneys received (from whom received and from what account received), and all disbursements, and how disbursed, and on what fund. Said depository shall, on the first day of each month, return to the board of county commissioners all paid and canceled county warrants held by it up to the time of said returns, and to do any other duties heretofore required of the county depository of this county, or county treasurer of this State. Accounts. Section 8. Be it further enacted by the authority aforesaid, that it shall be unlawful for such bank as is contracted with by the board of county commissioners of this county to discount any county warrants drawn upon it. There shall nothing herein be construed to deprive said depository as a corporation from receiving county warrants as collateral against loans made by bank contracted with as a corporation, nor of subsequently purchasing said security in payment of the debt secured by same. Discount of warrants. Warrants as collateral. Section 9. Be it further enacted by the authority aforesaid, that the term of office for the county depository, as set out and created in this Act, shall be at the discretion of the board of county commissioners of said county. Term of office.

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Section 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 March 23, 1933. ECHOLS COMMISSIONERS; CLERK; ATTORNEY. No. 163. An Act to amend an Act entitled: An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols, to define their duties; and for other purposes, approved December 9, 1893, so that said Act will provide for an increase of per diem for the compensation of the commissioners; for the employment of a clerk of said board and fixing his duties and compensation; changing the time of meeting; and authorizing the employment of a county attorney; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the above-recited Act, approved December 9, 1893 (Georgia Laws 1893, pages 360 et sequa), be amended in the following particulars, to wit: Act amended. Section 2. By striking from the last line of Section one of said Act the words two dollars and inserting in lieu thereof the words three dollars, so that the last sentence of said section one, when so amended, shall read as follows: Each of said Commissioners shall receive as compensation for services the sum of three dollars per day. Pay of commissioners. Section 3. By striking Section four of said Act, and by placing in lieu thereof another section as follows: Section 4. That the Board of Commissioners of Roads and Revenues of said county be and they are hereby authorized to employ a clerk of said board. Said clerk shall keep

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minutes of the proceedings of said board and perform such other clerical work as the board may require. Said clerk shall be employed by said board, subject to removal at the pleasure of the board. In the discretion 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 for such services, to be paid out of the county treasury, such sum as the commissioners may see proper to allow him, not to exceed five hundred dollars per annum. Clerk of board. Bond. Pay of clerk. Section 4. By striking Section eight of said Act, and by placing in lieu thereof another section as follows: Section 8. That the regular meeting of said commissioners shall be on the first Monday in each month and may adjourn from day to day and may hold call sessions when in their judgment same may be necessary. Meetings of board. Section 5. That the following section be added to said Act, to be designated as Section ten: Section 10. That said Board of Commissioners of Roads and Revenues of said County may employ a county attorney, who shall receive as compensation for such services, to be paid out of the county treasury, such sum as the commissioners may see proper to allow, not to exceed six hundred dollars per annum. County attorney. Section 6. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933.

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ECHOLS DEPOSITORY, CHECKS ON No. 162. An Act to amend an Act entitled: An Act providing for abolishing the office of county treasurer of Echols County, Georgia, the creation and establishment of a county depository for said county of Echols, which depository shall receive, keep, care for, and pay out all county funds including those now under care of the county commissioners, approved August 7, 1915, so as to strike from section six of said Act the following: and a duplicate list furnished to the depository by the clerk of said board before said depository shall pay out any money on such checks; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that said section six of said Act, approved August 7, 1915 (Georgia Laws 1915, p. 215 et sequa), be amended by striking from said section six of said Act the following: and a duplicate list furnished to the depository by the clerk of said board before said depository shall pay out any money on such checks, so that said section when so amended shall read as follows: Act amended. Section 6. All money drawn from the depository of Echols County, as created by this Act, shall be by check signed by the chairman of the board of county commissioners (if there be such board), attested by the clerk of said board, and each and every such check must show its consecutive number (or, if a number is omitted, it must be satisfactorily accounted for), the amount of the check, the person in whose favor drawn, and for what purpose. The checks authorized by the board of county commissioners at any regular or special meeting shall be entered on record in the minutes of said meeting. If there be no board of county commissioners of Echols County when this Act goes into effect, then the duties as to checks recited in this section

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shall devolve upon the ordinary, and he shall make up his list of checks in the same manner as is provided for county commissioners, furnish a copy to the depository under his seal of office, and keep a record of same. Checks on depository: form and list. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 10, 1933. EMANUEL TREASURYDEPOSITORY. No. 215. An Act to amend an Act entitled An Act to abolish the office of county treasurer of Emanuel County, Georgia, and to provide in what manner the funds of said county shall be received, deposited, and disbursed; to provide for the appointment of a county depository or depositories for the funds of said county; to prescribe the duties and liabilities of such depositories; to provide for the appointment of some person to act in lieu of such depository, when necessary, and to fix his salary, duties, and liabilities; to provide the duties of the commissioners of roads and revenues of said county, relative to the objects of this Act; to provide for a referendum; and other purposes, appearing in Georgia Laws of 1931, on pages 455 et seq., and approved August 14th, 1931; and for other purposes. Section 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 said entitled and specified Act be and the same is hereby amended as follows: By inserting the words or person between the words banks and in in the fifth line of said Section 2 in the published Act, and by striking from said Section 2 all the words appearing

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therein which follow the word County, where it first appears in the seventh line of said Section 2; so that the said Section 2, when so amended, shall read as follows: Section 2. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenues of said Emanuel County, Georgia, shall, by a majority vote taken among themselves, select some duly incorporated bank or banks, or person, in said county, to act as depository or depositories, and Disbursing Agent or Disbursing Agents, of and for the public funds of said county. Act amended. Selection of bank as depository. Section 2. Be it further enacted by the authority aforesaid that all of Section 5 of said entitled and specified Act be and the same is hereby stricken, and that in lieu thereof the following be inserted: Section 5. In case any such depository or disbursing agent so selected, who or which shall have given a bond with corporate surety, shall, in the due course of transacting its or his duties as such, deposit the funds in its or his hands as such depository and disbursing agent in any bank open and transacting a general banking business, and such funds so deposited should be lost by the failure of such bank, then and in that event the sureties on the bond of such county depository and disbursing agent shall be relieved of liability as such sureties to the extent of the amount so lost by reason of the failure of such bank. Failure of bank, relief of sureties. Section 3. Be it further enacted by the authority aforesaid, that Section 6 of said entitled and specified Act be and the same is hereby amended by striking therefrom the word twenty-five, which appears in the sixth line of said section in the published Act, between the words than and thousand, and by inserting, in lieu of the word so stricken, the word fifteen; so that said section when so amended shall provide for the giving of bond and security by such depository and disbursing agent in a sum to be fixed by said commissioners, but not less than fifteen thousand dollars. Amount of bond of depository.

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Section 4. Be it further enacted by the authority aforesaid, that Section 10 of said entitled and specified Act be and the same is hereby stricken in its entirety; and that a new Section 10 be and it is hereby inserted in lieu thereof, said new section to read as follows: Section 10. The compensation, if any, of said person or bank so selected to act as County Depository and disbursing agent shall be fixed by said board of commissioners of roads and revenues of said county; but in no event shall it exceed the sum of fifty ($50.00) dollars per month; and said salary or compensation, if it should be necessary to pay any, shall be paid out of the funds of said county. All records necessary for the performance of the duties of the county depository and disbursing agent shall be provided by said commissioners out of the county funds. It shall be within the discretion of said commissioners as to whether they will pay all, or any part, of the premiums on the bond of said county depository and disbursing agent. Compensation of depository. Section 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 March 23, 1933. FRANKLIN SHERIFF'S BOND FIXED. No. 25. An Act to fix the amount of the bond of the sheriff of Franklin 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 bond to be given by the sheriff of Franklin County, Georgia, to enable him to qualify, shall be not less than three thousand dollars and not more than ten thousand dollars, to be fixed by the Ordinary of Franklin County. Amount of sheriff's bond.

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Section 2. Be it further enacted by the authority aforesaid, that the ordinary of said county shall have the discretion to reduce or increase the amount of said bond at any time after the passage of this Act, within the limitations prescribed in Section 1 hereof. Change of amount. Section 3. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1933. FULTON COMMISSIONERS; VACANCY; ELECTION. No. 76. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton, approved December 3, 1880, as amended by the Act approved September 29, 1881, and the Acts amendatory thereof, so as to provide for the election for members of the board of county commissioners in the event of a vacancy thereon. Section 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 all vacancies that may occur on the board of commissioners of roads and revenues of the County of Fulton shall be filled by an election called for that purpose by the ordinary of said county, which said election shall be called within thirty (30) days from the date of such vacancy. Vacancy in board of commissioners. Election. Section 2. That pending the election to fill such vacancy as may occur on the board of commissioners of roads and revenues of said county, the ordinary of said county shall act as ex-officio a member of said board pending the election and qualification of the candidate to fill such vacancy.

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The expense of holding said election shall be paid by the county out of funds in the county treasury. Ordinary to act during vacancy. Section 3. Be it further enacted by the authority aforesaid, that in the event such vacancy shall occur within sixty (60) days from the date of the holding of a general election or a primary election in said county, that then and in that event no special election shall be called and held, but that said vacancy shall be filled at said general election or primary election held in said county; and the ordinary of said county, pending the election and qualification of the member to fill such vacancy on said board of commissioners of roads and revenues, shall act as ex-officio a member of said board until such member shall be elected and qualified. Election. Section 4. Be it further enacted by the authority aforesaid, that the ordinary of said county shall not receive any additional pay for serving as ex-officio a member of said board of commissioners of roads and revenues of said county. No extra pay for ordinary. Section 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 February 27, 1933. GLYNN TAX-COMMISSIONER; REFERENDUM. No. 379. An Act to consolidate the offices and duties of tax-receiver and tax-collector of Glynn County, Georgia; to provide that said consolidation shall become effective January 1, 1937, and 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 of any vacancy in said office; to prescribe the oath and bond to be given by said tax-commissioner;

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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 to 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 same: Section 1. That, in accordance with and by authority of an amendment to the Constitution of the State of Georgia, approved August 18, 1924, and ratified at the general election of 1924, the offices and duties of the tax-receiver and tax-collector of Glynn County, Georgia, shall, on and after the first day of January, 1937, be and remain consolidated, and the official performing the duties of said two offices shall be known as Glynn County Tax-Commissioner. Tax-commissioner in lieu of receiver and collector. Section 2. Said tax-commissioner shall hold office for four years, and shall be elected in the same manner as other county officers. Section 3. Said tax-commissioner shall be commissioned and qualified as the clerks of the superior courts are. Commission. Section 4. If a vacancy, for any cause, occurs in said office of tax-commissioner, it shall be filled in the following manner: (a) If said vacancy occurs within six months of the expiration of the existing term, the Board of Commissioners of Roads and Revenues of Glynn 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 courts are, and shall receive the pro rata part of the compensation accruing to said office for the time so appointed. Vacancy. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the Board of Commissioners

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missioners of Roads and Revenues of Glynn County, Georgia, 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 Glynn County, Georgia, 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 20 days and not later than 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 Glynn County, Georgia, and before the court-house door of said county, at least ten 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 for the time he serves. Section 5. 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 prescribed, and so do until a choice is made. Section 6. Said tax-commissioner, whether elected or appointed, before entering on the duties of his office, beside the oath required by all civil officers, shall take and subscribe the following oath: I swear that I will truly and faithfully perform the duties of county tax-commissioner of Glynn 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 and return but on my oath or affirmation; that I will search out and make a return of all defaulters, polls, professions, and all taxable property not

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returned; that I will account for any pay over all taxes collected by me, as required by law; and will to the best of my ability carry out all the requirements made upon me by law; so help me God. And said tax-commissioner shall at the same time give bonds and security, as follows: Bond and security, payable to his Excellency the Governor, and his successors in office, in a sum equal to one half of the State tax estimated to be due from Glynn County for the year for which said officer is required to give bond, the amount of the bond to be filled up by the Comptroller-General before being sent out to the county from the executive office, and to be conditioned as bonds of tax-receivers for State taxes are now conditioned. (b) Bond and security, payable to the Board of Commissioners of Roads and Revenues of Glynn 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 and neglect to give said bonds, as above required, within ten days from the time of beginning the discharge of the duties of his office, said Board of Commissioners of Roads and Revenues of Glynn County shall declare a vacancy in said office, which vacancy shall be filled in the manner above provided. Oath. Bond. Section 7. 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 Glynn County, Georgia, and in the manner prescribed by law; shall be subject to all the pains and penalties, and shall have all the rights, powers, and privilege of said two offices and officers. Duties, powers. Section 8. The commissions now fixed and allowed by law to the tax-receiver and tax-collector of Glynn County,

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Georgia, for the return and collection of State, county, school-district, and any and all other taxes, including professional and special licenses, shall, on or after January 1, 1937, be abolished and no longer charged or allowed, and the said commissions shall be paid by the said tax-commissioner into the treasury of Glynn County, Georgia. Commissions go to treasury. Section 9. That the said tax-commissioner shall receive, and be paid, as full compensation for all duties performed by him as receiver and collector of State, county, school-district and any and all other taxes, including professional and special licenses, the sum of three thousand, six-hundred and no/100 dollars a year, which shall be paid by Glynn County, Georgia, in monthly installments. Salary $3600. Section 10. If, in the judgment of the Board of Commissioners of Roads and Revenues of Glynn County, said tax-commissioner should at any time need any clerical assistance, said board shall authorize the tax-commissioner to employ same; the salary and term of employment of such assistant or assistants to be fixed by said board. Clerical help. Section 11. The Board of Commissioners of Roads and Revenues of Glynn County, Georgia, is further authorized and empowered, for and in behalf of Glynn County, to levy and collect a tax upon all taxable property in Glynn County, Georgia, sufficient to pay said salary of said tax-commissioner and such clerical assistance as he might have. Tax to pay salary, etc. Section 12. Provided, however, that this Act shall not become operative until the same shall have been submitted to a special election to be held in said county on the first Tuesday in March, 1936, and shall receive a majority of the votes cast in said special election. The said special election herein provided for shall be held under the same provisions now in force for the holding of special elections. Should said referendum favor the consolidation of the two offices herein provided for, then said officer shall be elected in the general election of 1936. Referendum.

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Section 13. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. GORDON COMMISSIONER AND CLERK; SALARIES. No. 232. An Act to amend an Act entitled An Act to create the office of Commissioner of Roads and Revenues in and for Gordon County, Georgia; to provide for the election of such officer, prescribe his duties and powers, fix his salary and terms of office, provide his clerk, provide for the management of the affairs of said county; and for other purposes, approved August 24th, 1920, as amended by the Acts of 1924, Acts of 1929, and Acts of 1931; by amending Section 15 of said Act as amended by the Acts of 1924, page 339, by striking from the third line thereof the words twenty-four hundred, and inserting in lieu thereof the words twenty-one hundred; amending Section 16 of said Act by striking from the third and fourth lines of said section the words nine hundred and inserting in lieu thereof the words seven hundred and fifty; and for other purposes. Section 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, approved August 4th, 1920 (Acts 1920, pages 541 to 548), as amended by the Act of the General Assembly of Georgia, approved August 6th, 1924 (Acts 1924, pages 339 to 341), is amended by striking from said section the words twenty-four hundred, and inserting in lieu thereof the words twenty-one hundred, so that said section when amended, shall read as follows: Sec. 15. Be it enacted, that said Commissioner

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shall receive as compensation for his services a salary of twenty-one hundred dollars per annum, to be paid out of the county treasury in monthly installments at the end of each month. He shall receive not to exceed three hundred dollars a year for traveling expenses, to be paid out of the county treasury monthly upon his itemized statement showing such expenses, which statement shall first be approved by the ordinary. Acts amended. Tax-commissioner's salary, expenses. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 16 of the said Act of 1920 be and the same is hereby amended by striking from the third and fourth line of said section the words nine hundred, and inserting in lieu thereof the words seven hundred and fifty, so that said section when amended shall read as follows: Sec. 16. Be it further enacted, that the ordinary of said county shall be clerk of said commissioner, and shall be paid for his services as clerk the sum of seven hundred and fifty dollars per annum, to be paid out of the county treasury in monthly installments at the end of each month. The ordinary shall give bond for the faithful performance of his duties, in the sum of one thousand dollars, payable to the commissioner of roads and revenues of said county. It shall be the duty of the ordinary, when acting as clerk to the commissioner, to keep a book of minutes and other records and do such clerical work as is necessary in carrying out the work of the office. Ordinary's pay as clerk of tax-commissioner. Section 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 March 23, 1933.

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GORDON TAX-COMMISSIONER'S SALARY. No. 233. An Act to amend an Act entitled An Act to abolish the office of tax-receiver and the office of tax-collector of Gordon County, Georgia; and to create the office of tax-commissioner of said county; to fix the term of office and prescribe the duties, powers, and liabilities of the county tax-commissioner of Gordon County; to fix the compensation of said county tax-commissioner and provide how the same shall be paid; and for other purposes, approved August 7th, 1925, by amending section 7 thereof by striking from the fourth line of said section the words, twenty-two hundred, and inserting in lieu thereof the words two thousand; and for other 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 7 of an Act approved August 7th, 1925, creating the office of tax-commissioner of Gordon County, Georgia, be amended by striking from the fourth line thereof the words twenty-two hundred, and inserting in lieu thereof the words two thousand, so that said section when amended shall read as follows: Sec. 7. Be it further enacted by the authority aforesaid, that the salary of the county tax-commissioner of and for Gordon County, Georgia, be and the same is fixed at two thousand dollars per annum, payable monthly out of the general funds of the said county. Salary $2000. Section 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 March 23, 1933.

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GREENE SCHOOL-FUND, PAYMENT OF. No. 69. An Act to authorize the Board of Commissioners of Roads and Revenues of Greene County, Georgia to pay in full to the Board of Education of said County of Greene the entire amount of the fund known as the Gwinn Allison school fund (the prinicpal being five thousand five hundred dollars) invested in bonds by said county by authority of an Act of the Georgia Legislature approved February 25th, 1874, and appearing in the Acts of 1874, page 325; to designate the funds from which said payment shall be 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 the Board of Commissioners of Roads and Revenues in and for the County of Greene, State of Georgia, be and it hereby is authorized and empowered to pay in full to the Board of Education of Green County, Georgia, the entire amount of the fund known as the Gwinn Allison school fund, invested in bonds by said county by authority of an Act of the Georgia Legislature approved February 25th, 1874, and appearing in the Acts of 1874, page 325; the principal amount of said fund so invested being five thousand five hundred dollars, payment of said principal and all due interest being hereby authorized. Said payment to be made by said board of commissioners of roads and revenues out of any funds now on hand or hereafter coming into hand, and not appropriated for other purposes. Authority to pay Gwinn Allison school fund to Board of Education. Section 2. Be it further enacted by the authority aforesaid, that the check or voucher representing such payment, when properly endorsed and paid, shall be a full receipt and release for such payment, and equivalent to the canceled original note or notes, or bonds.

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Section 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 hereby are repealed. Approved February 27, 1933. GREENE SHERIFF'S BOND; AMOUNT. No. 270. An Act to fix the amount of the bond of the Sheriff of Greene 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 bond to be given by the Sheriff of Greene County, Georgia, to enable him to qualify, shall be not less than three thousand dollars and not more than ten thousand dollars, to be fixed by the ordinary of Greene County. Section 2. Be it further enacted by the authority aforesaid, that the ordinary of said county shall have the discretion to reduce or increase the amount of said bond at any time after the passage of this Act, within the limitations prescribed in Section 1 hereof. Discretion to change amount of bond. Section 3. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. HABERSHAM HIGHWAY CERTIFICATES; REFERENDUM. No. 306 An Act to provide the disposition to be made by the County of Habersham of the certificates of indebtedness and

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funds accruing to said county under the provisions of an Act approved March 1, 1933, providing for the issuance of certificates of indebtedness by the State Highway Board to the various counties of this State, enacted pursuant to the amendment to the Constitution of this State proposed by the General Assembly August 25, 1931, and ratified by the people at the general election of November, 1932; by providing that said county shall employ and use said funds for the construction of certain high-school buildings, and providing a referendum with reference thereto; by providing that said county shall set aside out of such funds $25,000.00 for the construction of an academic building at the Ninth District A. M. School at Clarksville, Georgia, under certain contingencies, and providing a referendum with reference thereto; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that the sum of $341,736.71 due to the County of Habersham under the provisions of an Act aproved March 1, 1933, entitled An Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws 1931, p. 97-101), and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8, 1932; to declare and define the amount of indebtedness of the several counties of this State and the Coastal Highway District liable for payment under the provisions of said amendment; to provide for annual installments and the maturities thereof for the payment of said indebtedness; to provide a method for issuing certificates of indebtedness and form therefor; to prescribe the manner of execution and delivery of such certificates; to provide for the transfer or negotiation of such certificates; to declare such certificates as instruments of government

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and non-taxable; to provide a method of registraiton for such certificates; to provide a penalty for forging or counterfeiting the same; to provide for the disposition of funds realized or received from said certificates of indebtedness; to provide for the adjudication of differences between any of the several counties hereinafter named, and/or the Coastal Highway District on the one hand, and the State Highway Department on the other; to provide for establishment of any original lost or destroyed certificates of indebtedness heretofore issued by the State Highway Department to any county or district; and for other purposes. shall be employed, used, and expended by said county in the manner and for the purposes provided by this Act. Disposition of highway certificates. Section 2. Be it further enacted, that it shall be the duty of the Ordinary of said County to set apart at a sufficient amount of said certificates of indebtedness as provided for by said Act approved March 1, 1933, to pay, or provide a sinking-fund to retire, the bonded indebtedness of said county, as authorized by Section 12 of said Act approved March 1, 1933. Sinking fund. Section 3. Be it further enacted, that it shall be the duty of said ordinary to set aside out of any surplus remaining of said funds, or any certificates of indebtedness not used or employed for the purposes provided by the foregoing section, a sufficient sum, or a sufficient amount of said certificates of indebtedness, for constructing and equipping two county high-school buildings in said County of Habersham. The amount to be set aside for this purpose shall be such sum as may be determined to be necessary for said purposes by the ordinary of said county and the county board of education of said county; and said sum of money so determined to be necessary, or the amount of said certificates of indebtedness determined to be necessary by said ordinary and said board of education, shall be set apart and transferred to the county board of education of said county by said ordinary on behalf of said county, and the

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title thereto shall vest in said county board of education for the purpose of carrying out the provisions of this section. With said sums of money or such certificates of indebtedness, the said county board of education shall proceed to construct and equip two suitable high-school buildings of such design of construction and of such material as said county board of education may determine, suitable for conducting standard county high schools. One of said buildings shall be constructed at or near the junction of the corporate limits of the City of Cornelia with the corporate limits of the Town of Baldwin, and on State Highway Route No. 13 near the junction of said corporate limits; the other high-school building shall be constructed at or near the City of Clarksville in said county. The title to said county highschool buildings shall vest in the county board of education of said county, and the said county board of education shall maintain said buildings and shall cause to be conducted in each of said buildings a standard high school available to all of the children of high school age of said county. Fund for two high-school buildings. Location of buildings. The provisions of this Section shall not become effective unless and until the same shall be approved by the qualified voters of said county at an election called for that purpose. The ordinary of said county shall be and is hereby authorized, empowered, and directed to call an election to be held in said county within ninety days from the passage and approval of this Act, thirty days notice of which shall be given by said ordinary by publication in the official gazette of said county. At said election there shall be submitted to the qualified voters of said county for their determination whether or not the provisions of this section shall become operative. Said election shall be participated in by the voters of said county qualified to vote for members of the General Assembly, and said election shall be held under the rules and regulations governing elections for members of the General Assembly. Those desiring to vote in favor of the ratification of this section shall have written or printed

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on their ballots the words, For County High-School Buildings; those desiring to vote against the ratification of this section shall have written or printed on their ballots the words, Against County High-School Buildings. The returns of said election shall be made to the ordinary, who shall ascertain and declare the result thereof. If a majority of the qualified voters voting at said election shall vote in favour of the ratification of this section, the ordinary shall so declare and the same shall immediately become operative and of full force and effect. Referendum. Section 4. Be it further enacted, that of the funds remaining from the sum accruing to Habersham County under the provisions of said Act approved March 1, 1933, or of the certificates of indebtedness issued to Habersham County and remaining after the purposes hereinbefore by this Act provided for have been carried out, the ordinary of Habersham County is authorized, empowered, and directed to set apart of said funds, or of said certificates of indebtedness, the net amount of $25,000.00 for the purposes of building and equipping an academic building at the Ninth District A. M. School in Clarksville, Habersham County, Georgia. Said sum or said certificates of indebtedness shall be transferred to the Board of Regents of the University System of Georgia, for the purposes provided by this section; and in the event certificates of indebtedness are so transferred, a sufficient amount thereof shall be transferred to net the sum of $25,000.00. Provided, however, that said sum shall not be transferred to said Board of Regents, nor shall such certificates of indebtedness in lieu thereof be transferred to said Board of Regents, unless and until said Board of Regents shall convert the said Ninth District A. M. School into a Junior College, and make such provision for carrying on said institution as a standard junior college. Academic building at Clarkesville. The provisions of this section shall not become effective unless and until the same shall be approved by the qualified

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voters of said county at an election called for that purpose. The ordinary of said county shall be and is hereby authorized, empowered, and directed to call an election to be held in said county within ninety days from the passage and approval of this Act, thirty days notice of which shall be given by said ordinary by publication in the official gazette of said county. At said election there shall be submitted to the qualified voters of said county for their determination whether or not the provisions of this section shall become operative. Said election shall be participated in by the voters of said county qualified to vote for members of the General Assembly, and said election shall be held under the rules and regulations governing elections for members of the General Assembly. Those desiring to vote in favour of the ratification of this section shall have written or printed on their ballots the words, For a Junior College Building at Clarksville; those desiring to vote against the ratification of this section shall have written or printed on their ballots the words, Against a Junior College Building at Clarkesville. The returns of said election shall be made to the ordinary who shall ascertain and declare the result thereof. If a majority of the qualified voters voting at said election shall vote in favor of the ratification of this section, the ordinary shall so declare, and the same shall immediately become operative and of full force and effect. Referendum. Section 5. Be it further enacted, that the questions to be submitted to the qualified voters of said county for determination by them, as provided by sections 3 and 4 of this Act, shall be separately submitted; provided, however, that said questions may be submitted on the same day and at the same election. Section 6. Be it further enacted, that if any section or part of this Act shall be declared invalid or unconstitutional for any reason, such declaration shall not affect the remaining sections or parts thereof, but same shall remain of full force and effect. Act not invalidated by void part.

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Section 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 March 24, 1933. HALL BONDS UNSOLD; CANCELLATION. No. 278. An Act authorizing the Board of Commissioners of Roads and Revenues of Hall County to cancel and destroy all unsold bonds of the issue of January 1, 1920, issued by said county for the purpose of establishing, constructing, and improving the public roads in said county, just as though each of said unsold bonds had been sold and paid off in full; repealing all laws in conflict herewith; and for other 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 upon and after the passage of this act the Board of Commissioners of Roads and Revenues of Hall County is hereby authorized in its discretion to cancel and destroy all unsold bonds of the issue of January 1, 1920, issued by said county for the purpose establishing, constructing, and improving the public roads in said county, just as though each of said unsold bonds had been sold and paid off in full. Cancellation of road bonds. Section 2. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1933.

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HANCOCK TREASURYDEPOSITORY. No. 285. An Act to abolish the office of County Treasurer of Hancock County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the 1st day of January, 1937, the office of county treasurer of Hancock County, Georgia, shall be abolished, and such office shall from and after that date cease to exist. Bank as depository in lieu of treasurer. Section 2. Be it further enacted, that the commissioners of roads and revenues of said Hancock County shall, by a majority vote taken among themselves, select some incorporated bank or trust company in said county to act as depository and disbursing agent of and for the public funds of said county. Section 3. Be it further enacted, that such bank or trust company as shall be so designated as such depository and disbursing agent shall receive no compensation for acting as such. No compensation. Section 4. Be it further enacted, that no such bank or trust company shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to said commissioners, with some surety company authorized to do business in this State as security thereon, to be by them approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the judgment of said commissioners, will be double the amount of the county funds that will probably be deposited with such bank or trust company for the ensuing twelve months from the date of the bond. The property of such bank or trust company, as well as the security or securities on such bond, shall be bound from

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the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond or to give a new bond, at any time, and, in default of same being done, to revoke the appointment of such bank as depository and disbursing agent. Provided, that the said Board of Commissioners of Roads and Revenues of Hancock County shall be authorized, in their discretion, to permit said depository and disbursing agent to deposit with said board of commissioners, in lieu of security on said bond, collateral in the form of obligations of the State and Federal Government, any county or municipality of the State, or other solvent collateral, the property of such depository and disbursing agent, as said commissioners may deem sufficient to insure performance by such depository and disbursing agent of the duties imposed upon it by this Act; the said depository and disbursing agent shall, however, in no event be relieved of the duty of making and executing the bond required by this Act, but said commissioners are authorized to permit the deposit of such collateral in lieu of a surety on said bond only. Bond of depository. Collateral security in lieu of surety on bond. 5. To render reports to and to appear before said of each such bank or trust company acting as such depository and disbursing agent: Duties, powers. 1. To pay without delay, when in funds, all orders issued by said commissioners or by their authority, according to the dates of such orders. 2. To take a receipt on each order when paid, and carefully file it away. 3. To keep a well-bound book in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom, and on what account.

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4. To keep a well-bound book in which shall be entered a full description of all county orders or order form of indebtedness, as they are presented, and to record a copy of the order of the county authorities levying county taxes. 5. To render reports to and to appear before said commissioners whenever notified, and to appear before any grand jury on request, to render an account of its actings and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent, whenever notified. Section 6. Be it further enacted, that said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depository and disbursing agent, and said depository and disbursing agent shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Section 7. Be it further enacted, that said commissioners shall appoint such depository and disbursing agent, and said bond shall be given on or before the day this Act shall go into effect; and the county treasurer of said county then in office shall, on the day this Act shall go into effect, deliver to such depository, as he may be directed by said commissioners, all county funds then in his hands, and he shall at the same time deliver to said commissioners all records, books, and papers that he may have pertaining to his office. Section 8. Be it further enacted, that in case said commissioners shall be unable to make satisfactory arrangements with any bank or trust company in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no bank or trust company in said county, then said commissioners shall have the authority to appoint some bank or trust company in an adjoining county in this State, to act as such depository and disbursing agent. Bank in adjoining county as depository.

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Section 9. Be it further enacted by the authority aforesaid, that said commissioners may determine in each case, at the time of making the appointmnt, the length of time during which such bank or trust company shall act as such depository and disbursing agent; provided, no commissioners shall make a contract with any bank or trust company as depository to extend beyond the term of office of said commissioners. Term of office. Section 10. Be it further enacted by the authority aforesaid, that all said depositories and disbursing agents shall be liable both civilly and criminally, just as county treasurers are liable, for any non-feasance or malfeasance of duty; and said commissioners shall have the right to proceed against such depositories and disbursing agents and the securities on their bonds, as county treasurers and the securities on their bonds may now be proceeded against in case of nonfeasance or malfeasance in the conduct of their office. Liability of depository. Section 11. Be it further enacted, that this Act shall become effective, and the office of county treasurer of Hancock County is hereby abolished, from and after the 1st day of January, 1937. Provided, however, that if the office of county treasurer of Hancock County should become vacant prior to the 1st day of January, 1937, by reason of the death, resignation, or removal of said county treasurer, or for any other cause, then this Act shall become immediately operative and of full force and effect upon the happening of any such contingency. Act effective when. Section 12. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 24, 1933.

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HART SHERIFF'S BOND; AMOUNT. No. 161. An Act to fix the amount of the Bond of the Sheriff of Hart 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 bond to be given to the sheriff of Hart County, Georgia, to enable him to qualify, shall be not less than three thousand dollars and not more than ten thousand dollars, to be fixed by the ordinary of Hart County. Amount of bond. Section 2. Be it further enacted by the authority aforesaid, that the ordinary of said county shall have the discretion to reduce or increase the amount of said bond at any time after the passage of this Act, within the limitations prescribed in section 1 hereof. Change of amount. Section 3. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. HEARD COMMISSIONER'S OFFICE CREATED. No. 80. An Act to create the office of Commissioner of Roads and Revenue of the County of Heard; 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 revenues; to specify the compensation of such commissioner,

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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, 1936, the county affairs of Heard 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 of commissioner created. Section 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 1934, and said commissioner to hold office for a term of four years, beginning January 1, 1937. Election. Section 3. Be it further enacted by authority 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. Section 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 Heard 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 Heard 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. Election.

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Section 5. Be it further enacted by the authority aforesaid, that the only eligible candidate 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 Heard 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 receiving the highest number of votes cast shall be declared the Commissioner of Roads and Revenes of Heard County, Georgia, and shall be so commissioned by the Governor of the State of Georgia. Section 6. Be it further enacted by the authority aforeordinary may employ to execute the duties of holding said lined in sections four and five of this Act, shall be borne by said Heard County and paid from the treasury or depository of said county, and such managers and clerks as the ordinary may employ to execute the duties of holding said elections shall be paid the same per diem as is fixed by law in holding general State elections. Expense of election. Section 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 $10,000 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 of office; as well as for neglect of nonfeasance. Said commissioner is authorized

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to pay the annual premium due on such bond out of the public funds of said county. Bond. Section 8. Be it further enacted b 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 interests of the entire County of Heard. Oath. Section 9. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be $1500.00 per annum, to be paid at the rate of one hundred and twenty-five ($125.00) per month at the end of each calendar month; however the grand juries which may see fit to do so can in their wisdom diminish said $1500.00 dollars as salary of said commissioner as low as $1200.00 per annum or as high as $2000.00 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., $1500.00 per annum. Salary. Section 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 said Heard County. Vacancy. Section 11. Be it further enacted by the authority aforesaid, that said commissioner shall have and he is hereby

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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 county or appropriated for its use and benefit, in 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

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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 said 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 chain-gang, janitor of the court-house, county physician, and health officer, tax-assessors, county policemen, and other officers and guards as needed and authorized by law. All appointees of said commissioner shall be subject to suspension or 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 matter whether the time for which he was appointed has expired or not. Jurisdiction. Section 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 for commissioner. Pay. Section 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 Heard 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 the law in said County. Convicts.

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Section 14. Be it further enacted by authority aforesaid, that said commissioner shall select one regular day of each week in which he shall remain in his office at the court-house of said county for the transaction of public business in connection with 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 time. Supervision of roads, etc. Entire time to be given to duties. Section 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 appeal in detail all orders and warrants drawn by him on the county treasurer or depository, for what purpose, and on what fund. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department purchased and used. He shall also keep a cash-book in which he shall daily enter any cash item received by him, from whom received, and for what purpose received. He shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the chain-gang of the county, including supplies,

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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 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 Heard County who may be interested in same. Minutes, etc. Section 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 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 Heard 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

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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. Financial statements. Oath. Rebates, personal profit. Publication. Section 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 contrct 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. 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 of 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 filled as hereinbefore provided for in this Act. Employment of or contract with relative. Bids. Penalty. Section 18. Be it further enacted by the authority aforesaid, that no material for public roads, bridges, public

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buildings, or properties under control of said commissioner of the county shall be purchased except upon written specifications as to quality, and all such mterial 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 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. Section 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 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. Donations for roads, etc. Section 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. Section 21. Be it further enacted by the authority aforesaid, that said commissioner shall keep in constant touch

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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. Relations with State Highway Department. Section 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. Streets of towns. Section 23. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner to corporate 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 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. Section 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 publicroad 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

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to the said work herein provided for, the judgment or decision of the said commissioner shall be final and prevail in the premises. Section 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 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 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. Section 26. Be it further enacted by the authority aforesaid, that it shall be the duty of the grand jury of said county to inquire into the official acts of said commissioner; and if any grand jury of Heard 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 the 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

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thereof, concurs in the first grand jurys 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. Grand jury to inquire into acts of commissioner. Section 27. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner to appoint a clerk to and for said commissioner, requiring from said clerk proper bond for the faithful performance of his duties, at a salary not to exceed $300.00 per annum and not less than $100.00 per annum, and the books and records of said office shall on all business days be opened to inspection by the public. Clerk; salary, bond. Section 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 destroy the validity of 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 of this Act shall be enforced without regard to the 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, or clause or part which may be held to be invalid. Act not invalidated by void part. Section 29. Be it further enacted, however, that this Act shall become effective and valid only and not until the same shall have been submitted for ratification and approval or rejection by the qualified electors of Heard County at the next general election to be held in and for said county

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at State election in the year 1934. At said election those voting for this Act shall have written or printed on their ballots For Act Creating Commissioner of Roads and Revenues of County of Heard, and those opposing the adoption of said Act shall have written or printed on their ballots the words Against Act Creating Commissioner of Roads and Revenues of County of Heard. The returns of said election shall be made to the ordinary of said County, who shall declare the result thereof. It shall be the duty of the ordinary of said county to arrange for said election and so provide proper tickets for the electors at said election. Referendum. Section 30. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1933. HEARD SHERIFF'S BOND REDUCED. No. 24. An Act to reduce the official bond of the sheriff of Heard County to $3,000.00; 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 same, that from and after the passage of this Act the official bond of the sheriff of Heard County, Georgia, is reduced to $3,000.00. Bond $3000. Section 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 February 15, 1933.

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IRWIN COMMISSIONER'S OFFICE ABOLISHED. No. 15. An Act to repeal an Act creating the office of Commissioner of Roads and Revenues for the County of Irwin; to provide for the compensation, term of office, and appointment of said commissioner; to define his powers and duties, and provide how vacancies shall be filled; to provide how the convicts shall be worked upon the public roads; the division of Irwin County in road districts; and for other purposes, approved August 5th, 1913, and the amendment thereto approved August 8th, 1916, and the amendment thereto approved August 8th, 1918, and the amendment thereto approved August 18th, 1923, and the amendment thereto approved August 22nd, 1925, and any and all other amendments to said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that an Act to create the office of Commissioner of Roads and Revenues for the County of Irwin; to provide for the compensation, term of office, and appointment of said commissioner; to define his powers and duties, and provide how vacancies shall be filled; to provide how the convicts shall be worked on the public roads; the division of Irwin County into road districts; and for other purposes, approved August 5th, 1913, and all amendments thereto, including the amendment approved August 8th, 1916, and the amendment thereto approved August 8th, 1918, and the amendment thereto approved August 18th, 1923, and the amendment thereto approved August 22nd, 1925, and all other Acts amendatory thereto, be and the same is hereby repealed, and said office of Commissioner of Roads and Revenues is hereby abolished. Abolition of office. Section 2. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative on the first Monday in, 1933. When effective.

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Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1933. IRWIN BOARD OF COMMISSIONERS CREATED. No. 26. An Act to create a Board of Commissioners of Roads and Revenues for the County of Irwin, and to prescribe and define their duties, powers, and compensation; to provide for the appointment and election of the members thereof; and prescribe their terms of office; to provide for the appointment of an attorney for said board and prescribe his duties and compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Irwin, consisting of three members from the county at large, is hereby created. Said commissioners shall be qualified voters of said county, and no two members shall be elected from the same community or vicinity, but shall reside not less than four miles distant from each other. Board created. Section 2. Be it further enacted by the authority aforesaid, that the following named persons are hereby appointed, constituted, and made commissioners of roads and revenues for the said County of Irwin under this Act, to wit: D. C. Fuller, Lott Paulk, and Henry T. Fletcher, with said D. C. Fuller as chairman. That the terms of office of the above-named commissioners shall begin, 1933, and shall continue in office until January 1st, 1937, or until their successors are elected and qualified. And their successors shall be elected for terms of four years, beginning

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January 1st, 1937, under the same laws controlling the elections of members of the General Assembly; and any member may become his own successor in office, if elected, one or more times; and the regular terms of office for which they shall be elected in each instance shall be four years. Members named. Terms of office. Section 3. Be it further enacted by the authority aforesaid, that should a vacancy, from death, resignation, removal from county or within the same community with another member of the board of commissioners, or otherwise or from other cause, occur on said board of commissioners, the same shall be filled by a majority vote of the qualified voters of said county voting in an election specially called by the ordinary of said county for electing a successor to fill said vacancy, as provided for by statute in filling vacancies occuring in other county offices. Vacancy. Section 4. 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, provided, however, the chairman of said board of commissioners shall give bond in the sum of $20,000.00, with some surety or indemnity company, payable to the ordinary of said county (and to be approved by him) 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 surety shall be liable for any breach thereof, on his part, by way of malfeasance in office or for any neglect of duty. Bond. Section 5. Be it further enacted by the authority aforesaid, that said board of commissioners shall hold a regular

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meeting in each month on the first Monday thereof; the first meeting to be held on the first Monday in 1933, at ten o'clock a. m., when the present commissioner of roads and revenues of said county shall turn over to them their office, all records, books, accounts, official papers and documents 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 such time. Said board of commissioners may remain in session from day to day, after the regular meeting as above stated in each month, or they may adjourn and reconvene, according to their pleasure. They may be called together at any time, however, by the chairman. In the event of a vacancy in the chairman's office on said board of commissioners, or of his absence or inability to attend, any member of said board of commissioners may call a meeting of said board. A majority of the members of the board shall constitute a quorum for the transaction of business. They may designate a vice-chairman, should they desire to do so, he, however, not to draw any extra compensation as such. The chairman of said board of commissioners of roads and revenues shall be ex-officio clerk of said board. The board of commissioners shall be ex-officio the county treasurer; and all duties and powers conferred upon the county treasurer by law are hereby transferred to and imposed upon the said board. No member shall, while he is serving his term of office, become a surety upon the bond of any officer or other person, without the approval of the entire board of commissioners first being obtained. Meetings. Transfer of records, etc. Vice-chairman. Chairman ex-off. clerk. Duties, powers of board. Section 6. Be it further enacted by the authority aforesaid, that the salaries to be received by the commissioners, except the chairman, shall be three dollars per day each; but no commissioner, except the chairman, shall receive pay for more than fifty days in any one year, and his pay shall be for actual services rendered. The chairman of the board

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of commissioners shall receive a salary of $ per month, plus actual necessary expenses. At the first regular meeting in each month, each commissioner shall furnish the chairman of the board of commissioners a statement of his services for the previous month, and upon approval of the board he shall be paid therefor from the general fund or county treasury in the same manner as other expenses of the county are paid. The chairman of said board of commissioners shall, at the first regular meeting in each month, submit to the said board an itemized statement of his expenses for the previous month, and upon approval by the board he shall be paid therefor in the same manner as other expenses of the county are paid, including his salary for the previous month. Pay of commissioners. Section 7. Be it further enacted by the authority aforesaid, that in the regular county primary election the three candidates receiving the greatest number of votes shall be declared the nominee; provided, however, no two members shall be nominated from the same locality, community, or vicinity, as herein elsewhere defined; and provided further, that the candidate receiving the greatest number of votes in such primary election shall be the nominee for chairman of the board of commissioners. All candidates shall in their races designate the commissioner whom he aspires to succeed. Election. Section 8. Be it further enacted by the authority aforesaid, that the chairman of the board of commissioners of roads and revenues shall be the executive officer and member of said board; he shall be responsible for the conduct and administration of said office, subject only to the approval and direction of the board; he shall be the treasurer of said board as well as its clerk, and as such he shall be accountable for any and all funds, property, or effects which may come into his hands; he shall keep, or cause to be kept at his own expense, proper and accurate books of minutes wherein shall appear all acts, orders, and proceedings of

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the board, and shall also keep fully accurate and complete accounts in books or book for the purpose, 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. Such 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. He shall keep a book of inventory of all county property, including road machinery, live stock, chain-gang outfits, road-working tools and equipment, 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, during the month of January in each year, be carefully revised; and he shall keep all such other books and records as may be necessary, or as the board may order, and shall perform generally and/or singularly the acts and duties necessary to be performed by him as such chairman and clerk, and all such other duties as said board of commissioners may require, and all and any other things that he can and should do to fully exercise the duties of the office, and as will be helpful to a clear understanding of the county's financial standing and condition, as well as for an economical administration of the county's affairs. Chairman. Section 9. Be it further enacted by the authority aforesaid, that, at the first meeting after this Act becomes effective, the said board of commissioners shall elect a county attorney for the County of Irwin, who shall be a regular practicing attorney at the bar of said county, and who shall represent the board of county commissioners and advise them at their regular meetings and at all call meetings, and shall receive therefor the sum of $ per month, which shall be paid by warrant issued by the board as other warrants for expenses are issued and paid. The term of

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office of said county attorney, as herein designated, shall begin with that of the board of commissioners as herein provided for, and shall continue until the first Monday in January, 1935; and at the expiration of the said tenure of office as designated herein for said attorney, his successor, he being qualified to be his own successor, shall be elected by the board of commissioners for a term of two years therefrom. The full term of office thereafter shall be for two years for said county attorney. The said county attorney shall represent the county and the said board of county commissioners on all matters of litigation against the county, as well as in all matters in which the county shall be the plaintiff, and for said services he shall receive, in addition for his salary herein provided for his services rendered in an advisory capacity, a reasonable fee for any such service that it may be his duty to render to said county. Only in special cases, and where the county attorney asks it, shall the board of commissioners be authorized to employ special counsel to assist the said county attorney, or to represent the said county and the board of county commissioners. Provided, however, in the event the said county attorney should be personally interested in any matter, adverse to the interests of the county, then the board of county commissioners may employ special counsel to represent them and said county. County attorney. Section 10. Be it further enacted by the authority aforesaid, that the board of commissioners shall purchase all equipment, material, and supplies of said county, of such nature and quality and in such quantities as is necessary for the interests of the county; and wherever practical, all purchases of equipment material and supplies shall be purchased by competitive bids, which bids shall be kept on file in the office of the board of commissioners and be open to inspection by the grand jury and other citizens of Irwin County. Nothing herein shall prevent the board of commissioners from naming and designating the chairman of said board as its purchasing agent to make purchases of supplies,

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material and equipment, subject to the board's final approval. The board of commissioners herein provided for, if it sees proper, may designate and authorize the chairman of said board of commissioners to plan and negotiate with the United States Government through its authority in connection with State-aid roads effecting Irwin County and Government-aid roads effecting Irwin County, and submit to the board for its consideration any plan or contract in connection with the Government or State as above mentioned, needing the attention, co-operation or sanction of the State Board; and when such plan or contract is approved by said board, or a majority thereof, same will become effective. Said chairman of the board, should he be designated as above stated, may, if the board so directs, superintend in conjunction with the chain-gang warden of said county, or road superintendent, as the case might be, any road contract being now performed, or which may hereafter be performed or contracted to be performed and constructed by the chain-gang of said county, and it shall be his duty to so do, without extra compensation, in the event the said board of commissioners so designate him, as above stated. Purchases. Roads. Chain-gang. Section 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 the account of his ability, efficiency, and knowledge and skill in practical road building or bridge building, preference being given to a civil engineer when he measures up fully to the other requirements. The superintendent may also be the 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. Said road superintendent may be elected for an indefinite period, and his services may be discontinued by said board at any time they see fit so to do. When there is no specially elected

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and designated road superintendent, the chairman of the board of commissioners shall be ex-officio the road superintendent. The road superintendent shall have charge of laying out, building, locating, preparing, repairing, improving, and maintaining the public roads and bridges of the county under orders of the board of commissioners. When there is a specially designated road superintendent, he shall receive such salary as is fixed by the board of commissioners. The chairman of the board of commissioners, when acting as road superintendent, shall not receive any extra compensation by reason of such service. Superintendent of roads, etc. Section 12. The county convict warden of Irwin County, shall together with the chairman of the board of commissioners, make out and file with the chairman of said board, on or before the last day in each month, a written request for all equipment, material, and supplies, as nearly as can be ascertained, for the succeeding month. The chairman shall then call upon or notify by written notice those having such material or supplies for sale, and ask them to make bids. All purchases shall be by written order, and duplicates of same shall be kept on file in the office of the board, subject to the inspection of the grand jury or other citizens; and when purchases are made as herein designated, and approved by the board at a regular meeting thereof, or at a call meeting, said approval shall be entered upon the minutes of the board of commissioners. The warden and the road superintendent, jointly or separately, shall give his receipt in writing to the chairman of the board for all supplies and materials furnished to him by the board, which receipt shall be kept on file in the office of the board of commissioners. Warrants shall be issued for the purchases of supplies and materials, after the board has approved the purchase as herein stated, by the chairman of the board and signed by him. All county warrants issued by the board shall be signed by the chairman of the board and countersigned by one other member of the board of commissioners; and it

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shall be unlawful for warrants to be paid when signed in any other manner, except when the chairman is absent from the county and not likely to return in t days or more, or when there is no chairman of said board because of death, resignation, or the like, or when the chairman is sick and unable to attend meetings or to direct the affairs of the office, said warrants may be signed by one member of said board and countersigned by another member. All warrants shall be drawn on the county depository. Purchases. Section 13. Be it further enacted by the authority aforesaid, that the board of county commissioners shall have authority to designate some bank or banking institution as the county depository, and it shall be their duty to designate a county depository for county funds, and to deposit all county funds therein, and to keep same on deposit until paid out by lawful authority and as herein provided. County depository. Section 14. Be it further enacted by the authority aforesaid, that the board of county commissioners shall have the books and accounts of the tax-collector, tax-receiver, sheriff, county-school superintendent, 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 periods as they may think advisable and proper; and each year thereafter, during the month of January, they must have the books and accounts of said county officers examined and audited for the previous year. Full reports of such audits, including statements of assets and liabilities, and of revenues and expenses, and such schedules as may be necessary for a clear understanding of the affairs of the county, as of January 1st, each year, shall be made, and such audits shall be completed and furnished to the grand jury serving at the next succeeding term of the superior court of Irwin County. An intelligent statement of each audit, showing the financial condition of the county, its receipts and disbursements, shall be published by the commissioners of roads and revenues, in

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The Ocilla Star, so that the citizens and taxpayers may fully and readily understand and know the financial condition of the county. Said board of commissioners shall publish each month in such newspaper an itemized statement of receipts and disbursements for the previous month. Audit. Section 15. Be it further enacted by the authority aforesaid, that the 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 of the property of the county according to law; in levying taxes according to law; in establishing, altering, abandoning, and abolishing public roads, private ways, or roads, bridges, ferries, according to law; in establishing, abolishing, or changing election precincts in militia districts, according to law; in supervising the tax-collector's and tax-receiver's books, and allowing the insolvent list for said county, according to law; in settling all claims against the county, and granting releases from the payment of taxes, and accepting compromises and settlements in disputed tax matters; in examining and auditing all claims and accounts of county officers having the care, management, keeping, collecting, or disbursement of money belonging to the county, or appropriated for its use, and bringing them to settlement and an accounting for same; and especially are they charged with the frequent examination and audit and checking of the books of the tax-collector, sheriff, depository, tax-receiver, and the superintendent of schools, and other officers of said county through whose hands county funds may pass, and this may be done by the commissioners themselves or by one of their members, or some other person by them designated, or 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 true financial condition of the county; in appointing the land processioners in and for said county, as

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provided by law; in controlling, caring for, and managing the convicts of the county, according to law; in making rules, regulations, and provision fo 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 by law; in trying all road-defaulters, according to 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 all such other powers as are granted by law, or as may be indispensable to the jurisdiction and control over county matters, or county finances; in selecting, electing, and appointing all minor officials of the county whose election or appointment is not otherwise provided for by law, such as superintendent and guard of convicts and chain-gangs, janitor of the court-house, superintendent of the pauper farm should one be established, superintendent of the county farm should one be desired and needed as superintendent of said farm, county physician and health officer, tax-assessors, county policemen, county demonstration agents, and other officers and guards as needed and authorized by law; in regulating peddling license according to law. Said board of commissioners shall have entire control and management of the convicts of said county sentenced to work upon the roads or works of said county, and all convicts of this State assigned to this county by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, maintaining, or grading the public roads, bridges, and works of said county as may now or hereafter be adopted, or enforced by law in said county. Jurisdiction. Section 16. Be it further enacted by the 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

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from any other person, 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 improvements of the road designated by the contributor, and it shall be the duty of the chairman of the board of commissioners to receive such contribution and to disburse the same as directed by the commissioners, and he shall keep a book of accounts, which shall correctly show all contributions, from whom received, and a correct disbursement of the same, to whom paid and for want, and shall take and file receipts for all such disbursements; and for any misappropriation of any such fund or funds he and his sureties on his bond shall be liable therefor. Donations for roads. Section 17. Be it further enacted by the authority aforesaid, that it shall be unlawful for any member of said board 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 valuable considerations 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 shall knowingly and willfully 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, 1910, and shall forfeit his office by declaration made by the judge of the superior court of said county, immediately upon his conviction on such charge. Unlawful financial interest of member. Penalty. Section 18. Be it further enacted by the authority aforesaid, that two members of said board shall constitute a quorum for business, and all votes of the board making an appropriation authorizing the expenditure of county funds or fixing the salaries of officers, agents, or employees, shall be by aye and nay vote duly recorded on the minutes. On any question or matter before the board, any member may

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demand an aye and nay vote, and on such demand the vote shall be taken and recorded on the minutes. Quorum. Section 19. Be it further enacted b the authority aforesaid, that the board of commissioners shall have the authority under this Act to furnish free to the swine growers and farmers of Irwin County hog-cholera serum and virus to be used for the extermination of hog cholera and other swine diseases, and they shall have the right and authority under this Act to have administered in conjunction with the State authorities the hog-cholera serum and virus, and to put in force rules necessary to combat outbreaks of hog cholera or other swine diseases in said county. Hog-cholera serum. Section 20. Be it further enacted by the authority aforesaid, that the chairman of the board of commissioners of roads and revenues shall be the road superintendent, when some other person chosen as such is not actually serving, for which he shall not receive any extra compensation. The chairman of said board shall be furnished with an automobile bought by the members of said board with county funds, and with his necessary expenses in the operation of same, including gasoline, oil, repairs, etc.; but the said chairman shall not operate said car except when he is engaged solely upon business relating to county matters. When the chairman is away from the county but engaged in business relating to his office and in the interest of the county, he shall be reimbursed for his actual reasonable expenses while away, provided the board first approves same. Chairman as road superintendent. Automobile for chairman. Section 21. Be it further enacted by the authority aforesaid, that if any section or clause of this Act shall be declared unconstitutional by any court within this State, it shall in no wise affect or invalidate the remaining sections or parts of sections or section of this Act. Invalid part of act not affect other part. Section 22. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1933.

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JACKSON COMMISSIONERS' CHAIRMAN'S BOND. No. 239. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, approved December 18, 1901, and all Acts amendatory thereof; to repeal so much of the Act approved August 17, 1903, as is in conflict with this Act, so as to make the bond to be required of the Chairman of the Board of Commissioners of Roads and Revenues of Jackson County twenty-five hundred ($2500.00) dollars; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act so much of the Act approved August 17, 1903, amendatory to the Act approved Dec. 18, 1901, creating a board of commissioners of roads and revenues of Jackson County, be and the same is amended by striking from the third line of Section 4 of the Act approved August 17, 1903, as printed on page 342 of the Acts of the General Assembly of Georgia of 1903, the words $5000.00 between the words of and for in said line, and substituting the following, $2500.00, so that said section, after the passage of this amendment, will read as follows: Section 4. Be is further enacted, that it shall be the duty of the chairman of the board to give bond, payable to the ordinary and his successors in office, in the sum of $2,500, for the faithful performance of all the duties of his office. Amount of bond. Section 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 March 23, 1933.

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JACKSON TREASURERS BOND; AMOUNT. No. 238. An Act to amend an Act, approved July 24, 1924, as amended by an Act approved August 14, 1931, entitled an Act to abolish the office of county treasurer; to appoint a county depository in lieu of county treasurer; to prescribe the duties thereof; to provide that if no bank would act as county depository, the commissioners of roads and revenues of Jackson County would have authority to appoint a treasurer, prescribe his duties, fix his salary and the bond to be required, so as to repeal that much of the Act approved August 14, 1931, as is in conflict with this Act, so as to make the bond to be required of the county treasurer the sum of twenty thousand dollars; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act approved July 24, 1924, and amendments thereto, be and the same is hereby amended by striking from the amended Act approved Aug. 14, 1931, in the fourteenth line of Section 8, on page 489, Georgia Laws of 1931, the following, twenty-five thousand ($25,000) dollars, and inserting in lieu thereof the words twenty thousand ($20,000) dollars, so as to provide that the bond to be required of the county treasurer of Jackson County, Georgia, shall not be less than twenty thousand dollars. Amount of bond. Section 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 March 23, 1933.

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JASPER TAX-COMMISSIONER; REFERENDUM. No. 386. An Act to consolidate the offices of tax-receiver and tax-collector of Jasper County, Georgia; to create the office of county tax-commissioner of Jasper 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 of Jasper County, Georgia, 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, by the county tax-commissioner; to provide that all fees and commissions and other compensation that would be paid to the tax-receiver, were it not for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for, and by him paid to the treasurer of Jasper County or to the depository designated by the commissioners of roads and revenues as the depository for county funds; to provide that the fees, commissions, and other compensation now allowed by the general law to be paid to tax-collectors shall be paid to the tax-commissioner as compensation; to provide for the election of said county tax-commissioner, and the method of filling vacancies; to provide for the giving of bonds by said officer; to provide for the oath to be made by said officer; to provide for putting into effect Article eleven (11), Section three (3), Paragraph one (1), of the Constitution of this State, as amended and ratified in 1924; to provide for the reports to be made by said officer to the State of Georgia, and the reports to be made to the Board of Commissioners of Roads and Revenues of Jasper County, Georgia; to provide for referendum for the ratification 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, in accordance with and by authority of an amendment to the Constitution of the State of Georgia, approved August 18th, 1924, and ratified at the general election of 1924, the offices and duties of the tax-receiver and of the tax-collector of Jasper County, Georgia, shall, on and after the 31st day of December, 1934, be and they are hereby consolidated into one office to be known as county tax-commissioner of Jasper County, Georgia. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority aforesaid, that the office of county tax-commissioner of Jasper County, Georgia, is hereby created; and the rights, duties, and liabilities of the office of county tax-commissioner of Jasper County, Georgia, shall be the same as the rights, duties, and liabilities of the tax-receiver's and the tax-collector's offices of said county as heretofore existing; and all laws applicable to the offices of tax-collector and tax-receiver shall apply to the office of county tax-commissioner of Jasper County, Georgia, so far as the same are applicable and not inconsistent with the provisions of this Act. Section 2-A. Be it further enacted by the authority aforesaid, that a county tax-commissioner for Jasper County, Georgia, shall be elected at the general election to be held in said county in the year 1934 for the election of State and county officers; and the county tax-commissioner thus elected shall hold office for the remainder of the present term, that is to say, on January 1, 1935, and his said term expiring on December 31, 1936. That the term of office thereafter shall be for four years, as provided in Section 3 hereinafter. Election, term. Section 3. Be it further enacted by the authority aforesaid, that the county tax-commissioner of Jasper County, Georgia, shall hold office for a term of four years, beginning on January 1, 1937, and shall be elected at the general election to be held in said county in the year 1936 for the

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election of State and county officers, and at the general election every four years thereafter, at the same time and place and under the same rules and regulations prescribed by law for the election of the Clerk of the Superior Court and other county officers. Section 4. Be it further enacted by the authority aforesaid, that before entering upon the discharge of the duties of this office, either as appointee or elected in accordance with the terms of this Act, the county tax-commissioner shall take and subscribe to the oath now required by tax-collectors. Oath. Section 5. Be it further enacted by the authority aforesaid, that the county tax-commissioner of Jasper County, Georgia, whether by election or appointment, at the time of entering upon the duties of said office shall give good and solvent bond with security as follows: Bond. (a) A bond and security payable to his Excellency, the Governor of Georgia, and his successors in office, in a sum equal to one half of the estimated State taxes to be due from Jasper County for the period for which said officer is required to give bond, which shall be filled in by the Comptroller-general of Georgia before being sent out for execution from the Executive office and to be conditioned as bonds of tax-collectors for State taxes are now conditioned and approved as required of tax-collector's bonds. (b) A bond and security payable to the Ordinary of Jasper County, Georgia, and his successors in office, conditioned for the faithful performance of his duties as such county tax-commissioner in a sum to be fixed by the board of commissioners of Jasper County, Georgia, which shall not be less than one half the amount of county taxes estimated by the board of commissioners of roads and revenues of Jasper County, Georgia, that will be due for the term for which said bond is fixed, and shall be secured by a reliable surety company acceptable to the county commissioners

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and approved by them and the ordinary of Jasper County, Georgia, and shall be filed and recorded in the office of the ordinary of Jasper County, Georgia. (c) If said county tax-commissioner, whether elected or appointed, shall fail or neglect to give and file said bond, as hereinabove required, within ten (10) days from the time of the beginning of the discharge of the duties of this office, the board of commissioners of roads and revenues of Jasper County, Georgia, shall declare a vacancy in this office, which vacancy shall be filled in the manner provided for the filling of vacancies by the terms of this Act. Section 6. Be it further enacted by the authority aforesaid, that all fees, commissions, penalties, costs, and all other compensation allowed and paid by the State and/or county to the tax-receiver of Jasper County, Georgia, at the time this Act becomes effective, or that might be allowed to such officer thereafter, were it not for the provisions of this Act, shall be collected by the said county tax-commissioner and by him paid to the treasurer of Jasper County, Georgia, or the designated depository of said county, for the funds of said county and shall become general funds of said county. Collection of fees, etc. Section 7. Be it further enacted by the authority aforesaid, that the said tax-commissioner of Jasper County shall receive as compensation for his services the same fees, commissions, and compensation now provided by the general law of this State to be paid to the tax-collectors of this State, or which may be hereafter provided by law to be paid to tax-collectors of this State. Said compensation shall be paid as tax-collectors in this State are paid. Section 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 and uncollected by the tax-collector

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of Jasper County, Georgia, shall have full force and effect and be collectible as issued by said county tax-commissioner. Taxes now due. Section 9. Be it further enacted by the authority aforesaid, that it is the purpose and intent of this Act to put into effect in Jasper County the provisions of Article 11, Section 3, Paragraph 1, of the Constitution of this State, authorizing the consolidation of the offices of tax-receiver and tax-collector, and to provide that all compensation, fees, commissions, and forfeitures under existing laws, or as may be hereafter provided, as compensation for the services of tax-receivers, shall become the general funds of Jasper County, Georgia, and be paid to the county treasurer or designated depository; and to provide that the compensation, fees, commissions, and forfeitures under existing laws, or as may be hereafter provided as compensation for the services of tax-collectors, shall be paid to the said tax-commissioner as his compensation or salary. Purpose of Act. Section 10. Be it further enacted by the authority aforesaid, that if a vacancy for any cause occurs in said office of county tax-commissioner, it shall be filled in the following manner: Vacancy. (a) If a vacancy occurs within six months prior to the expiration of the existing term, the board of commissioners of roads and revenues of Jasper County, Georgia, shall by a majority vote appoint some qualified person to discharge the duties of the office of county tax-commissioner for said County of Jasper for the remainder of said term, who shall execute the oath and bond prescribed by the terms of this Act; and said appointee shall receive as his compensation the pro rata part of the salary of said officer for the time so filled by him. (b) Should a vacancy occur prior to six months of the expiration of the existing term, the board of commissioners of roads and revenues of Jasper County, Georgia, shall by a majority vote appoint some qualified person to discharge

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the duties of said office until a county tax-commissioner is elected at a special election called to fill said vacancy, and advise the ordinary of said vacancy, who shall call a special election to fill said vacancy for the remainder of said term, which special election shall be held not earlier than twenty (20) days after notice so given to said ordinary and not later than forty (40) days after said vacancy occurs. The ordinary shall give ten (10) days notice of the date of said election, by publication in the legal gazette of Jasper County, Georgia, and by posting a notice on the bulletin-board in the county court-house of Jasper County, Georgia; and the person so elected shall make oath and give bond as required of regularly elected county tax-commissioners of Jasper County, Georgia, and shall receive the pro rata part of the salary for the remainder of said year for which the salary had been fixed, and shall perform the duties of said office for said unexpired term; and the returns of said election shall be made to the Governor, who shall commission the person receiving a majority of the qualified legal votes cast in said election. (c) Should there be more than two candidates and neither receiving a majority of the legal votes cast, the ordinary shall call another election or elections to fill said vacancy until a majority is obtained. Section 11. Be it further enacted by the authority aforesaid, that each section of this Act and each part thereof is hereby declared to be independent sections and parts of sections, and the holding of any section or any part of a section to be void or ineffective for any cause shall not affect any other section of this Act or part of a section. Act not invalidated by void part. Section 12. 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 at the same time and place of the regular primary election of State-house officers in the year 1934, namely on the , 1934, notice of which election shall be published in the Monticello

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News for the space of thirty (30) days prior to said election, by a majority of the qualified voters of Jasper County, Georgia, who vote as hereinafter provided. The ballot furnished the voter in this referendum shall have printed thereon the following: For Consolidating offices of Tax-Receiver and Tax-Collector, and creating office of Tax-Commissioner, and Against Consolidating offices of Tax-Receiver and Tax-Collector, and creating office of Tax-Commissioner. The ballots in said election shall be turned over to the ordinary of Jasper County, and the result of said election be declared by him. Referendum. Section 13. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 24, 1933. JASPER TREASURY-DEPOSITORY; REFERENDUM. No. 380. An Act to abolish the office of county treasurer of Jasper County, Georgia; to provide for the selection of a county depository or county depositories for the funds of said county; to prescribe the powers, duties, and liabilities of such depository or depositories; to provide for the bonding of same; and for the deposit of collateral to protect the county against loss; to provide for the furnishing of record books to be kept by such depository; to prescribe the powers and duties of the commissioners of roads and revenues of said county, relative to the objects of this Act; to prescribe the manner in which warrants may be drawn on such depository or depositories for the disbursing of county funds; to provide for ratification of this Act by referendum; 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 on and after the 1st da of January, 1935, or sooner if the office of county treasurer should become vacant, the office of county treasurer of the County of Jasper, State of Georgia, be and the same is hereby abolished. Abolition of treasurer's office. Section 2. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenues of said county shall, by a majority vote taken among themselves, select some duly incorporated State depository, bank or banks, in said county to act as depository or depositories, and disbursing agent or agents, of and for the public funds of said county. Bank as depository. Section 3. Be it further enacted by the authority aforesaid, that the term or terms of suchs depository and disbursing agent, or depositories and disbursing agents, shall be for a period fixed by said commissioners; and the said commissioners may remove said depository and disbursing agent, for any reason which in their discretion is for the best interest of Jasper County, and appoint a successor or successors thereto. Term of office. Section 4. Be it further enacted by the authority aforesaid, that no bank or banks shall be allowed to act as such depository and disbursing agent until it shall have given bond, payable to said commissioners, with some surety company authorized to do business in this State as surety thereon, to be by said commissioners approved, and to be conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the judgment of said commissioners, would be ample to protect said county for the county funds that will probably be deposited with such bank or depository for the ensuing twelve months from the date of the bond, and said bond may be increased or diminshed to comply with the provisions of this

Page 594

Act; but the amount of said bond shall in no event be less than the maximum deposit of said county. The property of such bank or depository as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond, or to give a new bond, at any time, and, in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Provided, that said board of commissioners of roads and revenues of Jasper County shall be authorized, in their discretion, to permit said depository and disbursing agent to deposit with said board of commissioners, in lieu of security on said bond, collateral in the form of obligations of the State and Federal Governments, any county or municipality of the State, or other solvent collateral, the property of such depository and disbursing agent, as said commissioners may deem sufficient to insure performance by such depository and disbursing agent of the duties imposed upon it by this Act; but said depository and disbursing agent, shall, however, in no event be relieved of the duty of its making and executing the bond required by this Act, but said commissioners are authorized to permit the deposit of such collateral in lieu of a surety on said bond only. The said collateral shall be deposited with the county board of commissioners and shall be kept by them in some safe, vault, or other place of safety. Bond. Section 5. Be it further enacted by the authority aforesaid, that it shall be the duty of any bank acting as such depository and disbursing agent: (1) To pay without delay, when presented for payment, all orders or warrants when in funds of the county, subject to such orders or warrants, which are signed by the chairman of the board of commissioners, and countersigned by the clerk of said board, provided they are legally issued

Page 595

and properly drawn, showing for what purpose the expenditure is being made. Said depository shall, before paying such order or warrant, require that it be properly indorsed by the payee and the person receiving payment, in a space provided for such signatures on the reverse side thereof. Duties. (2) To keep a well-bound book, in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom, and what account. (3) To keep a well-bound book in which shall be entered a full description of all county orders or warrants, or other forms of indebtedness, as they are presented, and to record a copy of the order of the county authorities levying county taxes. (4) To collect and receive from all officers and others all county funds, and to receive, hold, and disburse, as above provided, all funds which the county treasurer might have heertofore received, held, or disbursed. (5) To render reports to, and to appear before, said county commissioners monthly on the date specified by said commissioners; and to make reports to each grand jury of said county, showing a complete account of its actings and doings as such depository and disbursing agent for the period since the last report made to such board of commissioners or grand jury, and to exhibit its books and vouchers as such depository and disbursing agent to said commissioners or grand jury whenever notified or requested. The reports made to each of said bodies next after the end of the fiscal year of said county shall be complete reports of the preceding fiscal year. (6) To perform all other duties, which it has been heretofore necessary for the county treasurer to perform, essential to the proper conduct of the county's affairs, not in conflict with the provisions of this Act.

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Section 6. Be it further enacted by the authority aforesaid, that said commissioners shall have the power and authority to prescribe, from time to time, other reasonable duties and regulations for the government of said depositories and disbursing agents, and said depositories and disbrusing agents shall be as much bound to observe the same as they are bound to observe those prescribed in this Act. Section 7. Be it further enacted by the authority aforesaid, that said county commissioners shall appoint such depository and disbursing agent, or depositories and disbursing agents, who shall give bond or deposit collateral as herein provided, on or before the day this Act shall go into effect; and the county treasurer of Jasper County, then in office, shall, on the day this Act shall take effect, deliver to such depository or depositories, as he shall be directed by said commissioners, all county funds then in his hands, and he shall at the same time deliver to said commissioners, or to the depository or depositories, or authorities designated by said commissioners, all records, books, and papers that he may have pertaining to his office. After January 1, 1935, or sooner if the office of county treasurer becomes vacant and depository or depositories be properly designated and qualified under this Act, all parties heretofore required by law to pay over to the county treasurer funds of said county, including the tax-collector or tax-commissioner, as the case may be, of said county, shall pay over to the depository or depositories selected and designated by the county commissioners all funds which they were formerly required to pay to the county treasurer, and payment to said designated depository shall be as legal payment as when heretofore made to the county treasurer. Section 8. Be it further enacted by the authority aforesaid, that no bank or banks which may be selected as such depository and disbursing agent shall receive as compensation a sum greater than fifty dollars per month for acting as such, the amount to be agreed upon by said depository and

Page 597

board of commissioners of roads and revenues of said county. Compensation. Section 9. Be it further enacted by the authority aforesaid, that the depository or depositories so selected by said commissioners of roads and revenues shall pay out of its own funds the premiums on the surety company's bond that it may give in lieu of depositing collateral under the terms and provisions of this Act. Premium on bond. Section 10. Be it further enacted by the authority aforesaid, that said commissioners of roads and revenues are hereby given authority to arrange for said designated depository or depositories to pay to the county interest on its daily balances, at such rate as said commissioners of roads and revenues and said depository may agree upon. Interest. Section 11. Be it further enacted by the authority aforesaid, that said designated depository and disbursing agent or depositories and disbursing agents shall be liable, both civilly and criminally, just as county treasurers are now liable for the faithful performance of their duties as heretofore required of county treasurers, and for the full performance of all other duties required by the terms of this Act. Liability. Section 12. Be it further enacted by the authority aforesaid, that said commissioners of roads and revenues are hereby empowered and authorized to proceed by issuing executions against said depository or depositories as they are now authorized to issue against tax-collectors or county treasurers for default of county funds; that, in addition, said commissioners of roads and revenues be and are hereby given authority to use such other remedies as the general laws of this State may permit in case of a default of said county funds so deposited in said depository, or any part thereof, from any cause whatsoever; that said commissioners of roads and revenues of said county be and are hereby authorized that, in the event bond is given, the surety company

Page 598

shall be required to furnish said commissioners of roads and revenues a financial statement of its net worth before said surety company shall be accepted by said commissioners as surety for said designated depository or depositories; that said commissioners of roads and revenues shall require said designated depository or depositories, in the event collateral is deposited under the terms of this Act, to execute a power of sale, therein authorizing the chairman of said board of commissioners of roads and revenues to sell said deposited collateral either at public or private sale, after ten days written notice to the designated officer of said depository of said commissioner's intention to convert said deposited collateral into cash to make good the amount of loss said county should sustain by reason of its funds having been depleted while on deposit with said designated depository, and in the event of public sale before the court-house door after giving fifteen days notice thereof by publication in the legal gazette of said county once each week for two weeks; that in the event of the depositing of collateral by said depository, the same shall not be subject to the payment of any other obligations of said depository, but that said county shall have the first and superior lien thereon, and in the event said depository shall be placed in the hands of a receiver or turned over to the State Banking Department, or the Comptroller of the Currency of the United States in case of a national bank, said collaterals shall be by said commissioners converted into cash and applied, as far as same is needful, for the absorption of the amount said county had on deposit with said depository at said time, and if there should be an overplus the same shall be by said commissioners of roads and revenues paid to the legal representative of said depository; that said Jasper County shall have a lien on all other assets of such depository, superior to any other lien or claim except those that may exist in favor of the State of Georgia, and/or, in case of a national bank, the United States Government, and shall be entitled to full payment from the

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assets of such depository of any and all funds belonging to said county which may have been deposited with said depository, before any payments shall be made to the general creditors and/or expenses of administration of the winding up of the affairs of said depository; and that said commissioners are hereby empowered and authorized to sell said deposited collateral in accordance with the terms and provisions hereinbefore provided for as to said power of attorney. Execution against depository. Security. Lieu on assets of depository. Section 13. Be it further enacted by the authority aforesaid, that on and after the selection and qualification of such depository or depositories as herein specified, all county funds of Jasper County, Georgia, shall be disbursed upon orders or warrants drawn on such depository or depositories as above provided, signed by the majority of the members of the board of commissioners of roads and revenues of Jasper County, Georgia, and countersigned by the clerk of said board. Disbursements. Section 14. Be it further enacted by the authority aforesaid, that all officers or other persons making deposits with said depositories shall take receipts for such deposits in duplicate, keeping one and delivering the other to said county commissioners. Receipts. Section 15. Be it further enacted by the authority aforesaid, that before the provisions of this Act shall go into effect the same shall be ratified at an election to be held at the same time and place of the regular State primary election of State-house officers in the year 1934, namely on the....., 1934, notice of which election shall be published in the Monticello News for the space of thirty (30) days prior to said election, by a majority of the qualified voters of Jasper County, Georgia, who vote as herein provided. The ballot furnished the voter in this referendum shall have printed thereon the following: For abolishing the office of County Treasurer, and Against

Page 600

abolishing the office of County Treasurer. The ballots in said election shall be turned over to the ordinary of Jasper County, and the result of said election be declared by him. Referendum. Section 16. Be it further enacted by the authority aforesaid, that each section of this Act and each part thereof is hereby declared to be independent section and part of section, and the holding of any section or any part of a section to be void or ineffective for any cause shall not affect any other section of this Act or part of a section. Act not invalidated by void part. Section 17. 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 March 24, 1933. JENKINS SHERIFF'S BOND REDUCED. No. 117. An Act to reduce the bond of the sheriff of Jenkins County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the official bond of the sheriff of Jenkins County is hereby reduced from ten ($10,000.00) thousand dollars to three ($3,000.00) thousand lollars. Amount of bond. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1933. LAMAR NOMINATION OF CANDIDATES. No. 304. An Act to provide for the nomination of candidates for county offices in Lamar County; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, that from and after this passage and approval of this Act all candidates of any political party for county offices in Lamar County shall be nominated at the same time, and at the same primary held by any such political party, for the nomination of candidates for Governor and members of the General Assembly. Nominations. Section 2. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 24, 1933. LANIER COMMISSIONER'S OFFICE ABOLISHED. No. 127. An Act to repeal an Act of the General Assembly of the State of Georgia, approved August 26, 1931, creating an office of Lanier commissioner and providing for his appointment, election, and recall term of office, and defining certain qualifications of said commissioner, his duties and providing for the proper supervision of his acts, his compensation, etc. Section 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 the office of Commissioner of Roads and Revenues for the County of Lanier; to provide for his appointment, election, and recall; to provide for the term of office of the commissioner; to define certain qualifications of said commissioner, and to provide for the proper supervision of his acts, and the auditing of the books and records kept by him in said capacity, or such other books as may be necessary to keep; to specify the compensation of such commissioner for his services, and how it shall be levied and paid; to provide for

Page 602

a bond for the management of the affairs of said county; to provide a county police force and the maintenance of the same; to provide for an advisory board until January first 1933; to define the duties of such advisory board; to create a system of county public roads and provide for the designation, maintenance, and improvement of the same; and to provide for the repeal of all laws in conflict with this Act, and for other purposes, approved August 26, 1931, be and the same is hereby repealed. Abolition of office. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective n April 1st, 1933, if in an election to be held in Lanier County on the 8th day of March, 1933, a majority of the voters therein shall approve an Act creating a board of county commissioners for said county, as set forth in House Bill No. 601 of the session of 1933. Effective when. Section 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 March 7, 1933. LANIER COMMISSIONERS; REFERENDUM. No. 128. An Act to create a Board of Commissioners of Roads and Revenue for the County of Lanier, Georgia, to provide qualifications, methods of elections, terms of office, power, authority, and liability; to provide for proper audits of books and affairs of said county by said board and the publication thereof; to provide for the compensation of such Board; to provide for competitve bids in the purchase of supplies for said county and in making contracts to work; to provide when and how this Act shall become effective; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, a board of commissioners of roads and revenues of Lanier County, Georgia, to consist of three members, is hereby created and established, and the County affairs of Lanier County, Georgia, shall be administered by said Board of Commissioners of Roads and Revenues. Said commissioners shall be free-holders of said county and of good moral character and shall reside in the road district from which they are elected, and shall be elected by the voters of the whole county, which districts are to be defined later on in this Act. Said commissioners shall be men of good business qualities and experience. Board created. Qualifications, Election. Section 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act the County of Lanier shall be divided into three road districts, as follows: District Number One shall be composed of the present 1300th District G. M., except that portion of territory therein taken from Lowndes County in the creation of Lanier County. Road districts. District Number Two shall be composed of the present 586th District G. M. District Number Three shall be composed of the present 1052nd District G. M., and also that portion of territory of the present 1300th District which was taken from Lowndes County in the creation of Lanier County. Section 3. Be it further enacted by authority aforesaid that on the 8th day of March, 1933, and after the approval of this Act by the Governor, said Act shall be submitted to the qualified voters of Lanier County for a vote for their approval or disapproval. Said election shall be held under the same rules and regulations at the same places and by the same parties as elections for the members

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of the General Assembly are held, and those voting in said election for approval of county commissioners shall have written or printed on their ballots, For County Commissioners, and those voting in said elections against the approval of this Act shall have written or printed on their ballots Against County Commissioners. Then in the event that a majority of those voting in said election shall vote for county commissioners, twenty days after said election another election shall be held under the same rules and regulations, and at the same places, and by the same parties as elections for members of the General Assembly are held, for the purpose of electing three commissioners as hereinbefore provided. All persons who are otherwise qualified to vote in elections for members of the House of Representatives shall be qualified to vote in said special election, upon the payment of all the poll-tax due by the date of said election. Returns of said election to be made to the ordinary of said county, and the result of such election to be declared by said ordinary, which declaration shall be final. Referendum. Section 4. Be it further enacted by the authority aforesaid, that the term of office of said commissioners, when and if elected, as hereinbefore provided, shall begin April 1st, 1933, and shall expire on the first day of January 1937, and their successors shall be elected in the general election of state and county officers to be held in and for said County of Lanier in the year 1936. Commissioners of roads and revenues so elected in the general election of state and county officers of 1936 shall qualify and assume the duties of office on the first Monday in January, 1937. They shall each hold office for terms as other county officers and until their successors are elected and qualified. One member of said board of commissioners shall be elected from each of the three road districts, and no member shall be elected from any road district unless he is a bona fide resident of the same; but each member shall be elected by the voters

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of the entire county, and not by the voters of one district alone. The candidate in each of the three road districts receiving the largest number of votes in the county shall be declared elected. Terms of office. One member from district. Election. Section 5. Be it further enacted, that the majority of the board shall constitute a quorum for the transaction of all business, and majority of the board must concur in order to pass an order or let any contract or grant or allow any claim against the county, and their acts on all such matters shall be duly entered on the minutes of the board. Quorum. Minutes. Section 6. Be it further enacted, that the board of county commissioners of roads and revenues hereby created shall have exclusive jurisdiction over the control of all county matters, such as public roads, bridges, the working or hiring out of convicts, public roads, county finances, the levying and collecting of taxes for said county purposes, the management, control over, and disbursing of county funds, the erection, repair, and maintenance of public buildings, the supervision over and control of and exclusive jurisdiction over and in all matters of county finance wherein jurisdiction is now vested in the ordinaries of this State in counties in which there is no board of county commissioners of roads and revenues, that the board shall be vested with all the rights, powers, and authority formerly vested in the inferior courts of this State when sitting for county purposes prior to the Constitution of 1868, except calling elections, which shall be by the ordinary, and matters pertaining to education, health and such matters as have been by general law vested by the legislature in other officers or tribunals, or as herein limited, extended, amplified, or modified. Said board shall constitute a court for the trial of roads defaulters, and of any and all matters pertaining to county matters formerly vested in the inferior courts of the State, or now vested in the ordinaries of the State in counties in which there is no board of commissioners of roads and revenues, when sitting for county purposes; shall have the

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right and power to issue all necessary writs and summon parties or witnesses before them, and shall have the power to punish for contempt by fine or imprisonment in the same manner as the courts of ordinary of this State; that the sheriff of the county or his deputy may be required to attend upon the meetings of the board and serve all writs, subpoenas, and other processes of such court, and the sheriff shall receive for such services such compensation as is provided for by law for like services in the superior court. Jurisdiction. Section 7. Be it enacted, that the board shall exercise such power as may be construed as legislative or judicial only when setting in regular or special session with a quorum of the board present. Section 8. Be it further enacted, that the board shall hold regular sessions on the first Monday in each month in the court-house of the county, and may adjourn from day to day until their business is finished; and extra sessions may be held at any time upon call of the chairman or any two members of the board when in their judgment the interest of the county demands it. At the first meeting in April, 1933, and at the first meeting in January following the general election at which new members of the board shall have been elected, the board shall organize the board by electing one of their members Chairman. Sessions. Chairman. Section 9. Be it further enacted, that the board shall keep full and correct minutes of all its official acts and doings, in a minute-book kept for such purposes, a book of receipts and disbursements, a general ledger, a warrant book, a book containing a complete list of county property, real and personal, and shall make a record therein of all sales or disposition of same, also a road register in which shall be kept a record of all public roads and all private roads granted or ordered kept open by the board, particularly describing such roads, and shall make a record of such roads which shall be hereafter granted or ordered kept open in accordance with law. The board shall keep on file

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all paid warrants and vouchers and other papers necessary to show a complete record of all transactions of the county. Minutes. Section 10. Be it further enacted, that the board shall elect a clerk for the board for a term of one year, subject to removal for cause at the pleasure of said board, and fix his salary at an amount not to exceed three hundred dollars a year. Said clerk shall keep the books and records of said board mentioned in Section 9 of this Act, and such other books and records necessary in the discretion of the board. He shall prepare all warrants drawn against the county (which are to be signed by him and countersigned by the chairman), and attach the county seal. He shall prepare the financial report of the board, which is to be submitted to the grand jury at the October and February terms of the superior court of said county, showing the amount of receipts and disbursements, said clerk shall audit the books of the board once a month and submit the report in writing to the board of each preceding month at the regular meeting of the board, which report is to be published in one issue of the official organ of the county, showing receipts and disbursements. Said board may, if it deems advisable, require said clerk to give a bond in a good and solvent fidelity and bonding company, in such sum as said board may deem proper, which said bond shall be payable to the chairman of said board and his successor in office, and shall be duly recorded in the minutes of the board. Clerk. Bond. Section 11. Be it further enacted by the authority aforesaid, that said board of commissioners shall have authority to hire a warden, superintendent of roads, and such other persons as may be necessary for the proper working of the roads and building of bridges and keeping the same in repair, and to pay the same out of the county funds. Employees. Section 12. Be it further enacted, that all warrants drawn on the county shall be drawn by the clerk of the board, and signed by the clerk and countersigned by the chairman of the board, before being paid by the treasurer

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or depository of county. All warrants shall be numbered, and shall show for what and on what fund drawn, and the originals and the book of stubs carefully preserved and kept on file in the office of the board. The chairman of the board shall make a bond in the sum as the board may prescribe, in a good and solvent fidelity and guarantee company, payable to the county, conditioned for the faithful discharge of their duties of this office. The amount of such bonds and the securties thereon shall be first approved by the ordinary of the county, and then filed and recorded by the ordinary as the bonds of other county officers. The premiums on said bonds to be paid out of the county funds. Certified copies of such bonds shall be kept on file in the office of the board. County warrants. Bond of chairman. Section 13. Be it further enacted, that the board shall, in regular session, make general plans, specifications, and requirements, prescribing the manner and style in which the public roads, bridges, and buildings of the county shall be constructed and repaired. And such plans, specifications, and requirements shall not be modified or changed except on action of the board in like manner as the same were adopted. The board shall furnish the warden or superintendent with a copy of such plans, specifications, and requirements, and require the public roads, bridges, and building of the county to be built and repaired in accordance therewith. Plans for roads, etc. Section 14. Be it further enacted, that the board shall have the right and authority to employ a county physician and a county attorney when necessary, and also employ special counsel to represent the county in matters where in their opinion, the same may be necessary or advisable to protect the interest of the county. Said board of commissioners is also authorized to purchase all office supplies, fixtures, stationery, books, records, and all other articles necessary for the use of all county officers; also to build, lease, or rent building and offices for the accommodation of

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the court and county officers, and a jail to take care of prisoners. County physician and attorney. Supplies, Buildings. Section 15. Be it further enactd, that the salary or compensation of all of its officers and employees, which shall be paid out of the county funds as provided by law. Payment of salaries, etc. Section 16. Be it further enacted, that the salary or compensation of two members of the Board shall be three dollars per day, and the chairman four dollars per day, for their attendance on the regular and called meetings of the board, and to include their attendance at the regular meeting of the board on the first Monday in January, 1937, at which time they shall make their final report to the grand jury and for publication as hereinbefore provided, showing books, records, supplies, road equipment, and all articles of value which they turn over to their successors, which report shall be recorded in the minute-book of the board. The grand jury for the October term of superior court of Lanier County in the year 1936 shall fix the salary or compensation of members of the board by recommendation for the year 1937 and 1938, and thereafter every two years at the session of the superior court next preceding the general election at which members of the general Assembly are elected, and such compensation shall be paid from the county treasury or depository in monthly installments on warrants drawn on the treasurer or depository of the county as in the case of other claims against the county, and they shall receive no other compensation of any kind whatsoever, but the grand jury may fix the compensation of the chairman of the board different from that of the other members of the board. Should no action be taken by the grand jury at such terms of the court, the compensation of the members of the board shall remain as fixed by the grand jury for the past two years. Per diem of chairman and members. Reports. Section 17. Be it further enacted, that no person shall be eligible to be a member of the board of commissioners of roads and revenues, under the provision of this Act, who

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is not at least twenty-five years old, and shall have been a citizen of the county for two whole years next preceding his election, and is also a freeholder of the county and shall be of good moral character, and experienced in matters of finance. No member of such board shall be eligible to hold any other office of the county while a member of such board, but may be an employee of the board if the board so desires, except no member of the board can serve as clerk or attorney for the board. Qualifications. Section 18. Be it further enacted, that all vacancies in the membership of the board of commissioners shall be filled by a special election called by the ordinary of the county in the same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of said unexpired term and until his successor is elected and qualified. The expense of any such special election shall be paid out of the general funds of the county. Vacancies. Section 19. Be it further enacted, that in case of the absence of any member of the board at a regular meeting, or called meeting of said board, the two members present shall be entitled to vote on all questions which may be presented to them. Absence of member. Section 20. Be it further enacted, that the commissioners elected under the provision of the Act shall each be commissioned by the Governor for the term of office for which he has been elected, and each shall, before entering upon the duties of his office, take and subscribe, in addition to the oath provided by law for all civil officers of the State, the following oath, to wit: I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and revenues for Lanier County, in all matters which require my official action, to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interest of the entire county; so help me God. Oath.

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Section 21. Be it further enacted by authority aforesaid, that it shall be unlawful for the board to purchase any supplies, material, stock, road equipment, or other articles of value, or contract for any work to be done on the public roads, bridges, or other works of the county, when the purchase or contract amounts to one hundred dollars or more, without first advertising for competitive bids on such purchase or contract by posting a notice at the court-house door or by publishing in the official organ of the county (at the discretion of the board) a description of material and other items needed and specifications for contract, at least ten days before the purchase is made or contract let. The board shall have the right to reject any and all bids; and it shall be unlawful for any member of the board to have any financial interest in the sale or purchase of any articles or contract for the county (not to apply to any lease or contract now in force), or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county or for the awarding of any contract for said county; and if any commissioner shall violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office, and such conviction shall create a vacancy in said office which shall be filled by election as provided in Section 18 of this Act. Purchases; bids required. Unlawful financial interest of member. Penalty. Section 22. Be it further enacted, that all persons otherwise qualified to vote or participate in the elections provided for herein shall be allowed to participate therein as voter or candidate who have paid all poll-tax required of them prior to the date of said elections or election, regardless of any other taxes they may owe. Eligible voters, etc. Section 23. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 7, 1933.

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McINTOSH TAX-COMMISSIONER'S BOND No. 248. An Act to amend an Act to consolidate the offices of receiver of tax returns and tax-collector in McIntosh County, by abolishing 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 the authority of the same, that section three of An Act entitled an Act to consolidate the offices of receiver of tax returns and tax-collector in McIntosh County, by abolishing said offices and creating the office of tax-commissioner in and for said county, prescribe his duties, compensation, bond; and for other purposes, approved August 4th, 1927 (Acts 1927, page 627 et seq.), be and the same is hereby amended by striking the words twenty-five wherever said words appear in said section, and inserting in lieu thereof the word fifteen, so that said section when so amended shall read as follows: Amount of bond. Section 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 fifteen thousand dollars, conditioned for the fiathful discharge of the duties of his office in the form and manner prescribed by law for tax-receivers and tax-collectors, in so far as practicable. The premium on said bond to be paid by the county.

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Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 23, 1933. MERIWETHER COMMISSIONERS' COMPENSATION AND CLERK. No. 375. An Act to amend an Act approved February 17, 1877, entitled an Act to amend an Act to constitute a board of commissioners for the County of Meriwether, as amended by an Act approved August 7, 1907, and as amended by an Act approved August 13, 1924, by fixing the compensation of the commissioners of roads and revenue of said county; by providing for the employment of a clerk of the board of county commissioners of said county; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that the Act approved February 17, 1877, entitled An Act to amend an Act to constitute a Board of Commissioners of the County of Meriwether, State of Georgia, and to prescribe their powers and duties, as amended by an Act approved August 17, 1907, and as amended by an Act approved August 13, 1925, be and the same is hereby amended by striking from section two of said amendatory act of August 17, 1907, as amended, the words three hundred ($300.00) dollars, and inserting in lieu thereof the words one hundred eighty ($180.00) dollars, and by adding at the end of said section two the following: Provided, however, that the chairman of the board shall receive an annual compensation not to exceed three hundred ($300.00) dollars per year, so that said section as amended shall read as follows: Act amended.

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Section 2. Be it further enacted, that said commissioners shall receive the sum of three ($3.00) dollars per day each while actually engaged in business for the county, same to be paid by the county treasurer, and not to exceed the total sum of one hundred eighty ($180.00) dollars per annum, each. Provided, however, that the chairman of said board shall receive in the aggregate more than three hundred ($300.00) dollars per annum. Pay of commissioners and chairman. Section 2. Be it further enacted, that the said board of commissioners of roads and revenue of the County of Meriwether be and they are hereby authorized and empowered to employ a clerk of said board, to serve at the pleasure of the board, at a compensation not to exceed sixty ($60.00) dollars per month; provided that said board of commissioners may reduce said compensation at any time that said board sees fit to do so. The said clerk shall be ex-officio clerk of the board of tax-assessors of said county, and shall receive no additional compensation therefor. Clerk; compensation. Section 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 March 24, 1933. MERIWETHER TAX-COMMISSIONER. No. 141. An Act to consolidate the offices of tax-receiver and tax-collector of Meriwether County, Georgia; to create the office of county tax-commissioner of Meriwether County, Georgia; to fix the term and compensation of said officer; to prescribe the rights, liabilities, and duties of said officer; to provide that the laws now in force applicable to tax-receivers and tax-collectors shall be of full force and effect as to the county tax-commissioner, so far as the

Page 615

same are applicable; to provide that taxes due and all fi. fas. shall have full force and effect and be collectible as issued; to provide the compenstion of such tax-commissioner; to provide for an office in the county court-house for said tax-commissioner; to provide the effective date of this Act; to provide that the tax-collector in office on the effective date of this Act shall be the tax-commissioner of said county; to provide the term of office of said tax-commissioner, and for his election; to provide that if any portion of this Act is declared unconstitutional the entire Act shall not be so held; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the offices of tax-receiver and tax-collector of Meriwether County, Georgia, are hereby consolidated and the duties of the two offices aforesaid are hereby consolidated into one office. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted, that the office of tax-commissioner of Meriwether County, Georgia, is hereby created in lieu of said offices so consolidated, and that the rights, duties, and liabilities of said office of tax-commissioner of Meriwether 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. Section 3. Be it further enacted by the authority aforesaid, that all taxes due and payable, and all tax fi. fas. issued by the tax-collector of Meriwether County, Georgia, outstanding at the time that this act shall become effective as hereinafter provided, shall have full force and effect and be collectible as issued. Taxes now due. Section 4. Be it further enacted, that the said tax-commissioner of Meriwether County shall receive as compensation

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for his services the same fees and commissions now provided by law to be paid to the tax-collectors of this State, or which may be hereafter provided by law to be paid to the tax-collectors of this State. Said compensation shall be paid as follows: Said tax-commissioner, on or before the first Wednesday in each month, shall present to the board of commissioners of roads and revenues of Meriwether County an itemized statement of the fees and commissions accruing to him under this Act, and the same shall be paid, when approved by said board, by warrant on the treasurer of said county against funds paid to said treasurer by the said tax-commissioner on account of the commissions accruing to tax-collectors and tax-receivers under the provisions of the general law applicable to such officials. And the said tax-commissioner shall pay into the county treasurer all commissions received by him on account of receiving and/or collecting State taxes, and all commissions accruing to and/or collected by said commissioner on account of receiving and/or collecting county taxes, which said sums so paid in shall constitute a special fund for the payment of the compensation of said tax-commissioner. If said special fund shall exceed the amount necessary to compensate said tax-commissioner as herein provided for, such excess shall become a general fund of the county. Pay of tax-commissioner. Section 5. Be it further enacted, that the term of office of said tax-commissioner shall be for four (4) years; provided, however, that the tax-collector of said county in office and commission on the date that this Act becomes effective shall be the tax-commissioner of Meriwether County and perform all the duties required by this Act of such tax-commissioner until January 1, 1937. His successor as tax-commissioner of said county shall be elected at the general election for the year 1936, for a term of four (4) years beginning January 1, 1937, and said tax-commissioner then elected shall serve for a term of four years. In case of a vacancy in said office, the same shall be filled as vacancies in the office of tax-collector are filled. Term of office.

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Section 6. Be it further enacted, that before entering upon the duties of his office the said tax-commissioner shall take and subscribe the oath now prescribed by law for tax-receivers and tax-collectors, and shall give bond in an amount to be fixed by the board of commissioners of roads and revenues of Meriwether County, with good and sufficient security, to be approved by said board. In no event shall the amount of said bond be less than $10,000, and the said board of commissioners may require the said tax-commissioner to give a new bond or strengthen the old bond at any time they may deem it necessary. The costs of said bond, if there be any costs, may be borne by said county. Oath. Section 7. Be it further enacted, that the said tax-commissioner shall have his office in the court-house. He shall not be required to make rounds, or visit any place in the county other than the court-house, for the purpose of receiving or collecting taxes; but all such taxes shall be received and collected at his office. The board of commissioners of roads and revenues of Meriwether County shall provide suitable and convenient quarters in the court-house, including light, heat, books, and stationery for the use of said tax-commissioner. The said tax-commissioner shall have authority, with the consent and approval of county commissioners, to employ such clerical help as may be necessary in the performance of the duties of his office, at such compensation as is proper and as may be approved by the board of commissioners of roads and revenues of said county. Such compensation shall be paid by the county. Office. Clerical help. Section 8. Be it further enacted, that if at any time the said tax-commissioner shall fail or refuse to correctly enter any tax-return upon the tax-digest, for the purpose of defrauding the State or county, or shall fail or refuse to keep the records now provided by law or that may be hereafter provided, or shall fail to make due and proper accounting to the State or Meriwether County or any of the several school districts of the county, or shall make false returns

Page 618

to either of said authorities, or shall fail to pay into the treasury all fees and commissions as required by this Act, such tax-commissioner shall be guilty of a misdemeanor and shall be punished as provided by law in misdemeanor cases. Nothing in this section shall be construed to limit or affect the civil liability of said tax-commissioner or the sureties on his bond. Failure of duty. Penalty. Section 9. Be it further enacted, that in addition to the bond required by Section six of this Act, the said tax-commissioner shall make bond to the State as now required by law. Bond. Section 10. Be it further enacted, that if for any reason any portion of this Act shall be held by a court of competent jurisdiction to be unconstitutional, such holding shall affect only that portion of this Act so declared to be unconstitutional, and the remaining provisions of this Act shall remain of full force and effect. Act not invalidated by void part. Section 11. Be it further enacted, that it is the purpose and intent of this Act to put into effect in Meriwether County the provisions of Article eleven, Section three, Paragraph one of the Constitution of this State, authorizing the combination of the offices of tax-receiver and tax-collector. Purpose of Act. Section 12. Be it further enacted, that this Act shall become effective on the first day of January, 1934. Section 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 March 10, 1933. MERIWETHER TREASURER'S SALARY. No. 73. An Act to repeal an Act entitled an Act to amend an Act to change the compensation of the treasurer of Meriwether

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County, Georgia, approved August 11th, 1920; also an Act to change the compensation of the treasurer of Meriwether County, Georgia, approved August 20th, 1927; to provide for change of salary of treasurer of Meriwether County; and for other purposes. Section 1. Be it enacted by the authority of 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 entitling an Act to amend an Act to change the compensation of the treasurer of Meriwether County, Georgia (Acts of 1920, pages 581 and 582), approved August 11th, 1920, be and the same is hereby repealed. Repeal of Act as to compensation. Section 2. Be it further enacted, that from and after the passage of this Act, an Act entitling an Act to amend an Act to change the compensation of the treasurer of Meriwether County, Georgia (Acts 1927, page 630), as approved August 20th, 1927, be and the same is hereby repealed. Providing, that the salary of treasurer of Meriwether County shall be fifty dollars per month, payable monthly by Meriwether County after the passage of this Act. Salary $50 a month. Section 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 February 27, 1933. MILLER SHERIFF'S BOND REDUCED. No. 208. An Act to reduce the bond of the sheriff of Miller County, Georgia, from the amount of $10,000.00 to $7,500.00; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the

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same, that the sheriff of Miller County, Georgia, shall be required to give bond in the sum of $7,500.00 instead of $10,000.00 as provided by the general law as laid down in Code section 4906; and it is the purpose of this act to reduce the amount of said sheriff's bond from $10,000.00 to $7,500.00. Amount of bond. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Section 3. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act, is hereby repealed. Approved March 23, 1933. MITCHELL TAX-COMMISSIONER'S COMPENSATION. No. 351. An Act to amend an Act approved August 7, 1931, being An Act to abolish the office of tax-receiver and tax-collector of Mitchell County, Georgia, to create the office of tax-commissioner of Mitchell County, Georgia, and for other purposes, as will be found in Georgia Laws of 1931 at page 535, by amending Section 6 of said Act providing for the compensation of said commissioner, so as to increase the amount of fees and commissions to be paid to said tax-commissioner, in the discretion of the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, this amount not to exceed seventy per centum of the fees, commissions, and all other compensations formerly accruing to the tax-receiver and tax-collector of Mitchell County, Georgia; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 6 of an Act of the General Assembly of Georgia, approved August 7, 1931, as will be found in Georgia Laws of 1931, page 535 et seq., be and the same is amended by adding at the end of said Section 6, and to become a part of said Section 6, the following, to wit: Section 2. Provided, that if in the judgment of the board of commissioners of roads and revenues of Mitchell County, Georgia, or the governing authorities of its fiscal affairs, the sum of fifty per centum of said fees and commissions and other compensations is not for any year adequate and fair compensation for said tax-commissioner, said board of commissioners of roads and revenues of Mitchell County, Georgia, or the other governing authorities of said county's fiscal affairs, may increase said compensation to an amount not exceeding seventy (70) per centum shall be paid only in the exercise of the discretion, which additional compensation of twenty (20) per centum shall be paid only in the exercise of the discretion of said governing authorities, and as they may order by proper resolutions, and in the manner and out of funds as herein provided. Pay of tax-commissioner. Section 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 March 24, 1933. MONTGOMERY SHERIFF'S BOND REDUCED. No. 189. An Act to reduce the bond of the sheriff of Montgomery County, Georgia, from the amount of $10,000.00 to $5,000.00 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 sheriff of Montgomery County, Georgia, shall be required to give bond in the sum of $5,000.00, instead of $10,000.00 as provided by the general law as laid down in Code section 4906; and it is the purpose of this Act to reduce the amount of said sheriff's bond from $10,000.00 to $5,000.00. Amount of bond. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Section 3. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1933. MONTGOMERY SHERIFF'S BOND REDUCED. No. 269. An Act to reduce the bond of the sheriff of Montgomery County, Georgia, from the amount of $10,000.00 to $5,000.00; 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 sheriff of Montgomery County, Georgia, shall be required to give bond in the sum of $5,000.00 instead of $10,000.00 as provided by the general law as laid down in Code section 4906; and it is the purpose of this Act to reduce the amount of said sheriff's bond from $10,000.00 to $5,000.00. Amount of bond. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of

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same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Section 3. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1933. MONROE SHERIFF'S BOND REDUCED. No. 267. An Act to amend an Act approved February 22nd, 1873, as amended by an Act approved July 27, 1923, fixing the bond of the Sheriff of Monroe County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that an Act approved February 22nd, 1873, as amended by an Act approved July 27th, 1923 (Georgia Laws 1923, page 288), fixing the bond of the sheriff of Monroe County, be and the same is hereby amended by striking from Section 3 the words, Twenty thousand, and inserting in lieu thereof the words, two thousand five hundred. Amount of bond. Section 2. When amended the said section to the semicolon, shall read as follows: The bond of the sheriff of the County of Monroe shall be two thousand five hundred dollars. Section 3. Be it further enacted, that all laws and parts of laws in conflict therewith are hereby repealed. Approved March 23, 1933.

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MORGAN SHERIFF'S BOND REDUCED. No. 167. An Act to reduce the bond of the sheriff of Morgan County, Georgia, from the amount of $10,000.00 to $2,500.00; 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 sheriff of Morgan County, Georgia, shall be required to give bond in the sum of $2,500.00, instead of $10,000.00 as provided by the general law as laid down in Code section 4906; and it is the purpose of this Act to reduce the amount of said sheriff's bond from $10,000.00 to $2,500.00. Amount of bond. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Section 3. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1933. MORGAN WIRE FISHING BASKETS. No. 256. An Act to provide for the use of wire baskets in the waters of Morgan County. 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 it shall be lawful to use wire fish baskets in the waters of Morgan County for the purpose of catching fish; provided, that such

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baskets are constructed of wire of not less than one and one half (1) inch mesh. Further provided, that seining in the streams of Morgan Count during the months of July and August, by citizens of said county, shall likewise be permissible and lawful. Fishing baskets. Seining in July and August. Section 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 March 23, 1933. MURRAY COMMISSIONER'S OFFICE ABOLISHED. No. 11. An Act to repeal an Act approved July 19, 1929 (Georgia Laws 1929, page 678), creating the office of Commissioner of Roads and Revenues for the County of Murray; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act approved July 19, 1929, Georgia Laws 1929, page 678 entitled, An Act to create the office of Commissioner of Roads and Revenues for the County of Murray, to consist of one man: to provide for his appointment and election; to prescribe his term of office; to fix his salary; provide that he shall give bond; define his powers and duties; and for other purposes, be and the same is hereby repealed. Abolition of office. Approved February 10, 1933.

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MURRAY COMMISSIONERS; BOARD CREATED. No. 12. An Act to create a Board of Roads and Revenues of Murray County; to determine by ballot the number comprising the said board; to provide for an election; to prescribe the term of office of the members or member of said board, and duties thereof; election of the successor or successors; to fix the term of office of the member or members and compensation; to provide for appointment of a clerk and attorney for said board; and to fix their compensation; to provide for filling a vacancy; to provide for a superintendent of roads and bridges, and to fix his term of office and compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that there is hereby created a Board of Roads and Revenues for the County of Murray, to consist of three members, or to consist of one member, which board shall have authority and control over the fiscal and other affairs of said county, and over the roads, bridges, and buildings of said county, and shall generally exercise such authority and control of said county as is provided by law for a board of roads and revenues. Board created; members, powers. Section 2. Be it further enacted by the authority aforesaid, that said board of roads and revenues shall have exclusive jurisdiction and control over the following subject matter, to wit: In directing and controlling the property of said county; in levying taxes according to law; in auditing and allowing all claims against the county, and accounts of officers and persons having the care, keeping, collecting, and disbursing of any moneys belonging to the county or appropriated for its use and benefit, and bringing such officers and persons to a settlement with the county; in establishing, abolishing or changing election precincts, militia districts; in

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supervising the tax-collector's and tax-receiver's books; in allowing the insolvent-tax list of said county; in making rules and regulations for the support and maintenance of the poor of said county; and making and prescribing rules and regulations for the public health of said county in accordance with the general laws of this State; in fixing the commutation tax to be paid in lieu of road work in said county as provided by the road laws in effect, and in trying all road defaulters; in establishing or abolishing the working of convicts in said county; in paying out and disbursing the funds of the county received from tax levies and otherwise, upon proper vouchers drawn against the proper fund, and for the purposes levied and no other; and in having and exercising all of the powers and authority that would be vested by law in the ordinary of said county when sitting for county purposes, in the absence of this Act; and exercising such other powers as are granted by law or as are indispensable to the jurisdiction of county matters and county finances, not in conflict with the general laws of this State, and such as are exercised by the board of roads and revenues under the Constitution and laws of this State. Jurisdiction. Section 3. That within thirty days after the passage and approval of this Act, the Ordinary of Murray County shall call a special election to determine whether said board of roads and revenues herein provided shall be composed of three men, or shall be composed of one man. The expenses of said election shall be paid by Murray County. Ballots shall be furnished with the words For a three-man Board and, For a one-man Board, plainly printed thereon. The majority vote cast at said election shall determine whether said board shall consist of one man or three men. Election to determine number of members. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that within thirty days after the special election is held as provided in Section three of this Act, to determine the number of which said board shall consist, the ordinary of

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said county shall call another special election, at which election the voters of said county shall select the member if a one-man board is declared, or the three members if a three-man board is declared, who shall compose said board of roads and revenues. In event a three-man board is declared, the election shall be called to select the three men, and the three men obtaining the highest number of votes shall be declared elected, and shall constitute said board of roads and revenues. In event a one-man board is declared, said special election shall be held for the purpose of selecting said one man, and at said election the person obtaining the majority of all votes cast shall be declared elected, and shall constitute the board of roads and revenues of said county. If, at said special election called for the purpose of selecting the one-man Board, no person shall obtain a majority of the votes cast, then within ten days after said election the ordinary of said county shall call another special election, at which election the only eligible candidates shall be the two persons obtaining the highest number of votes at said first election, and after said second special election has been held, and the votes consolidated, the person receiving the highest number of votes shall be declared elected. The ordinary of said county shall certify the election of the member or members of said board to the Governor of this State, and a commission shall be issued by the Governor to said member or members as the case may be. The provisions of this section with reference to a majority vote being necessary to elect the sole member of said board shall apply to all future elections under this Act; and the provisions of this section for a special election in event no candidate receives a majority, and restricting the eligible candidates to the two receiving the highest vote in the first election, shall apply to all future elections under this Act. Election of board. Section 5. Be it further enacted by the authority aforesaid, that it is hereby enacted by the authority of same, that this Act shall go into effect immediately upon the election

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of the board of roads and revenues, as provided by this Act, and upon the qualifications of the member or members of said board as hereinafter provided. Act effective when. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that the board of roads and revenues so elected, as provided in Section four of this Act, shall hold office until January 1st, 1937, and thereafter the term of office shall be for a period of four years. The successor or successors of said board shall be elected at the general election held in the month of November, 1936, and shall hold office until the successor or successors have been elected and qualified. Terms of office. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that if it is declared that said board of roads and revenues shall consist of three members, said board shall meet in their office at the court-house in regular meeting on the first Tuesday in each month for the transaction of any business appertaining to county affairs, and shall meet at such special or call meetings as they may see fit to hold. They shall receive as compensation for attending each meeting the sum of $3.00 each day, not to exceed in any event the sum of $90.00 each per annuam, and shall not draw pay for any other services rendered said county. Before entering upon the duties of said office, the members of said board shall take and subscribe to an oath for the faithful performance of their duties, and shall give bond payable to and approved by the ordinary of said county, in the sum of $2000.00 each, with good and sufficient security, conditioned upon the faithful performance of their duties. Meetings. Pay, oath, bond. Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that in event it is declared that said board of roads and revenues shall consist of one man, the member so elected shall specify one regular day of each week, and the first

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Tuesday of each month, 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 of 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, and generally to the affairs of the county. He shall devote his entire time to the discharge of his duties, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which would interfere with the discharge of his duties. Before entering upon the duties of his office, he shall take and subscribe to an oath for the faithful discharge of his duties as required herein, and shall enter into a bond in the sum of $10,000.00, with good and sufficient security, which bond shall be payable to and must be approved by the ordinary of said county, and conditioned for the faithful discharge of the duties of his office, and the faithful accounting for all property and funds coming into his hands by virtue of his office. He shall be paid as compensation for his services the sum of $1200.00 per annum, payable monthly. Duties in case of one-man board. Oath, bond. Pay. Section 9. Be it further enacted by the authority aforesaid, that said board of roads and revenues shall appointsome fit and proper person to act as clerk of said board at a salary not to exceed $20.00 per month, and it shall be the duty of said clerk to attend all meetings of the board, and keep in well-bound books, to be provided by the board at the expense of the county, full and accurate records and minutes of all the proceedings and transactions of said board, and a book showing itemized accounts of all receipts and disbursements, to file in order of their dates all original bills and statements and claims rendered against the county,

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showing the approval for payment by the board of roads and revenues, and to arrange and file any orders, petitions, applications, and other papers addressed to and belonging to the board, and to issue and sign as clerk all ckecks or warrants against the county funds in any depository of county funds, in payment of approved bills and statements of monies due by said county, and all checks or warrants so issued and signed must be countersigned by the chairman of said board, if a three-man board is declared, or by the sole member if a one-man board is declared, which checks or warrants shall be numbered and stubbed, and show for what purpose drawn, and recorded in proper disbursement docket. All books, papers, and documents showing the disbursement of any funds and the various transactions of the board shall be kept by the clerk of said board in the office of the board at the court-house in Murray County, and subject to the examination and inspection by any taxpayer, when requested, at any time when the said clerk is present in the office. Clerk. Section 10. Be it further enacted by the authority aforesaid, that said board of roads and revenues shall have authority to employ a competent attorney at law to advise them and represent the county in any litigation which may arise in which said county is a party. Said board shall pay said county attorney such compensation as may be agreed upon, not in excess of $150.00, per annum, for his service in advising said board. Whenever it is deemed necessary, said board shall have power to employ additional attorney or attorneys to assist the county attorney in any litigation, and pay reasonable compensation therefor. Attorney. Compensation. Section 11. Be it further enacted by the authority aforesaid, that said board of roads and revenues may select some solvent bank in said county, as depository of the county funds, which said depository so selected shall receive all funds of the county, and disburse the same only on vouchers signed by the chairman of said board in event a three-man

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board is declared, or by the sole member in event a one-man board is declared; except it may pay the jury script and court bailiff's hire, issued by the clerk of the superior court, and orders drawn by the judge of the superior court of said county. Such depository so selected shall keep a record of all funds of the county, and make a report thereof once a month to said board, free of charge to the county. Depository. Disbursements. Section 12. Be it further enacted by the authority aforesaid, that in event it is declared that said board of roads and revenues shall consist of three men, said board shall have authority to appoint some fit and competent person as superintendent of roads and bridges, to be selected on account of his skill and knowledge of practical road building. The superintendent may also be convict warden; but aside from his duties as warden, if elected to the position, he shall not engage in any other business, trade, or calling during the time of office, unless by special contract with the board defining the time to be given to other business, calling, or trade. The superintendent, if elected or selected, shall have charge of laying out, building, repairing, improving, and maintaining the public roads and bridges of the county under the orders of the board of roads and revenues. He shall receive a salary not in excess of $1000.00 per annum, and his term of office shall be such as may be fixed by the said board, provided it does not extend beyond their term of office, with authority vested in the board to discharge the said superintendent, or to elect, appoint, or employ his successor at any time. The superintendent shall give his receipt in writing to the clerk of the board for all supplies, materials, and equipment furnished him by the said board, which receipt shall be kept filed in the office of the board of roads and revenues. In event a one-man board is declared, the foregoing provisions of this section shall be of no effect, and the supervision of roads and bridges shall be the duty of said member comprising the board of roads and revenues. Board of three. Powers. Superintendent of roads, etc. Duties, pay.

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Section 13. Be it further enacted by the authority aforesaid, that it shall be unlawful for the member of said board, or members in event a three-man board is declared and elected, to employ any person related to the member or any member 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 advertisements in regard thereto and a person related to the member or any member is the lowest bidder therefor; and the member or any member who shall violate any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office; and such conviction shall create a vacancy in said office, which shall be filled as herein provided in this Act. Employment of or contract with relative. Bids. Penalty. Section 14. Be it further enacted by the authority aforesaid, that it shall be a misdemeanor, and punishable by the courts as such, for the member or members of said board of roads and revenues, the clerk of the board, the superintendent of roads and bridges, convict warden, or any other person in the employment of Murray County, or any other person or persons employed either directly or indirectly to have any financial interest in the purchase of goods, wares, or merchandise, supplies, machinery, or equipment purchased for Murray County, Georgia; or to receive any bonus, percentage, gift, or any other thing of value for the purchase of any article sold to said County of Murray, or bought from said County of Murray, by any person, firm, or corporation; or to accept any free trips, or free transportation, or any other thing of pleasure or value from any person, firm, corporation, who contemplates selling any

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article to the County of Murray or purchasing any article from the said County of Murray. Prohibited financial interest. Section 15. Be it further enacted by the authority aforesaid, that in event a one-man board is declared, and a vacancy occurs in said office after the election of said board by reason of death, resignation, or otherwise, the affairs of said office shall be conducted by the ordinary of said county, with all the authority and power of board, until his successor is elected and qualified, to be elected at a special election called by the ordinary of said county, to be held within thirty days of the death, resignation, or other cause resulting in such vacancy. In event a board of three men is declared, and a vacancy occurs after the election of said members, all the powers and authority of said board shall be exercised by the surviving members thereof, and the ordinary of said county shall call an election to fill said vacancy within thirty days from the time said vacancy occurs. Vacancy. Section 16. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause, section, or any other 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, or clause or part which may be held to be invalid. Act not invalidated by void part. Section 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1933.

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MURRAY TAX-COMMISSIONERS. No. 355. An Act to consolidate and abolish the offices of the tax-receiver and tax-collector of Murray County, Georgia; to create the office of tax-commissioner of Murray County, Georgia; to fix the term and compensation of said officers; to provide that the laws of force as to tax-receiver and tax-collector, when the provision of this Act shall become effective, shall be of full force and effect as to the tax-commissioner of said county, so far as they are applicable; to provide that all taxes due at the time of the provisions of this Act become effective and all tax executions thereafter issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provision of this Act, shall be collected by the tax-commissioner herein provided for and paid into the designated depository to the credit of Murray County, Georgia; to provide for the election of tax-commissioner and the method of filling vacancies; to provide for the giving of a bond; to provide for putting into effect the provisions of the Constitution of this State contained in article 11, section 3, paragraph 1; to authorize the levy and collection of a tax to pay said Tax-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 on and after January 1st, 1937, the office of tax-receiver and tax-collector of Murray County, Georgia, are hereby abolished, and the duties of the two offices are hereby consolidated into one office. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority, that the office of tax-commissioner of Murray County, Georgia, is hereby created in lieu of said abolished and consolidated

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offices, and the rights, duties, and liabilities of said office of tax-commissioner of Murray 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 the same may be applicable. Section 3. Said tax-commissioner shall hold office for a term of four (4) years, the first term beginning January 1st, 1937, and ending December 31st, 1940, or until his successor is elected and qualified. Terms of office. Section 4. Be it further enacted by the authority aforesaid, that said tax-commissioner shall be elected at the general election held in the State of Georgia, in the year 1936, for State and county officers, and each four (4) years thereafter, in the same manner, time, and place, as the clerks of the superior court are elected. Election. Section 5. Be it further enacted by the authority aforesaid, that said tax-commissioner shall be commissioned and qualified as the clerks of the superior courts are. Commission. Section 6. Be it further enacted by the authority aforesaid, that if a vacancy, for any cause, occurs in the said office of tax-commissioner, it shall be filled in the following manner: Vacancy. (a) If such vacancy occurs within six (6) months of the expiration of the existing term, the ordinary of Murray County shall appoint some qualified person to discharge the duties of said office for the remainder of the term, who shall be commissioned accordingly. (b) If said vacancy should occur more than six (6) months prior to the expiration of the existing term, the ordinary shall appoint some qualified person to discharge the duties of said office until an election can be held for such vacancy, and it shall be the duty of the ordinary of Murray County to call a special election for the election of such commissioner to serve the remainder of the term, which

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election shall be held not sooner than thirty (30) days nor not later than sixty (60) days after the vacancy occurs. Notice of such elections to be given by publication in at least two issues of the official gazette of Murray County, Georgia. The person receiving the highest number of votes shall be commissioned as such tax-commissioner; and in event of a tie, the ordinary shall call another election as herein provided, and fill the vacancy by appointment until the vacancy is filled by an election. Section 7. Be it further enacted by the authority aforesaid, that the county tax-commissioner of and for Murray County, is authorized to employ such assistance and clerks as will be necessary to transact, do, and perform the duties of the office, and that compensation for the same shall be paid for by the tax-commissioner of Murray County out of his salary; that the fees and commissions heretofore allowed the tax-receiver and tax-collector of Murray County shall be paid to the commissioner of roads and revenues of Murray County, to be accounted for by him as other county funds are accounted for, and all commissions, fees, compensations, and other charges heretofore paid by the State of Georgia to the tax-collector and tax-receiver of Murray County for the receiving and collecting its taxes either special ad valorem, occupation, or any other taxes, including school tax, or license of any nature whatever, shall be charged and collected by the tax-commissioner of Murray County and paid to the commissioner of roads and revenues of Murray County, and they shall be accounted for by him as other funds. Clerical help. Collections. Section 8. Be it further enacted by the authority aforesaid, that the compensation of the tax-commissioner of Murray County for all duties performed by him as a receiver and collector of State, county, county-wide, school tax, county school-district tax, and any and all other taxes shall be the sum of ($1200.00) one thousand two hundred dollars per annum, payable $100.00 monthly from the funds of

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said county, upon vouchers drawn as now provided for withdrawals of county funds. Compensation. Section 9. Be it further enacted by the authority aforesaid, that the commissioner of roads and revenues of Murray County shall furnish to the tax-commissioner an office in the court-house of said county, fuel for the same, and necessary office furniture and equipment, stamps and stationery, blanks and books, for the use of such officer; and it shall be the duty of the said officer to keep said office open every business day the year, except such days as he may be absent therefrom in taking tax returns and collecting taxes. Supplies. Section 10. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the tax-commissioner shall take oath now prescribed by law for the tax-collector and tax-receiver, and shall also at the same time and place give bond and security as follows: Oath, bond. (a) Bond and security, payable to his Excellency the Governor of Georgia and his successors in office, in the sum equal to one half State taxes estimated to be due from Murray County for the year for which said officer is required to give bond, said bond to be filed as such bond is now required to be filed by the tax-collector and tax-receiver. (b) Bond and security, payable to the ordinary of Murray County, Georgia, conditioned for the faithful performance of his duties as such tax-commissioner, in a sum to be fixed by the said ordinary, and approved by him, which bond must be filed and approved by the ordinary of said county. If any tax-commissioner shall fail or neglect to give and file said bond as herein required within ten (10) days from the time of entering upon the duties of his office, the county commissioner of roads and revenues of Murray County shall declare a vacancy in said office, which vacancy shall be filled in the manner herein provided.

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Section 11. Be it further enacted by the authority aforesaid, that the tax-commissioner shall perform each and every duty and all of the duties now required of both the tax-collector and tax-receiver of Murray County in the manner prescribed by law, and he 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. Section 12. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenues of Murray County are hereby authorized and empowered, for and in behalf of Murray County, to levy and collect a tax on all the taxable property of Murray County sufficient to pay the salary of said tax-commissioner and the expense of the office herein provided. Tax to pay salary, etc. Section 13. Be it further enacted by the authority aforesaid, that all fees, commissions, percentages, and allowances paid by the State of Georgia to the tax-receiver and tax-collector for receiving and collecting State taxes, when this Act shall become in effect, shall be by the said tax-commissioner collected and paid into the designated depository to the credit of Murray County, also all fees and costs allowed by law to the tax-collector for issuing tax fi. fas. against delinquent taxpayers, when this Act shall become effective, shall be by the tax-commissioner collected and paid into the designated depository to the credit of Murray County. Such funds shall be withdrawn as other county funds are withdrawn. Fees go to treasury. Section 14. Be it further enacted by the authority aforesaid, that if any portion of this act shall be held invalid or unconstitutional the whole of the act shall not therefore become void, but only such of the same as may be declared invalid; the purpose of this Act being to put into effect the provision of the Constitution of this State as contained in Article 11, section 3, paragraph 1. Act not invalidated by void part.

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Section 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 March 24, 1933. MUSCOGEE DEPOSITORIES' BONDS. No. 177. An Act to amend an Act entitled An Act to abolish the office of county treasurer of Muscogee County, Georgia; to provide for appointment by the commissioners of roads and revenues of said county of two or more county depositories for the funds of said county; to create the office of clerk of the commissioners of roads and revenues of said county, to prescribe his duties, and to provide that such clerk be the disbursing agent of said county; to prescribe the duties of such depositories; and to prescribe the duties of the commissioners of roads and revenues of said county relative to the carrying into effect of this Act; and for other purposes, approved July 15, 1924; so as to authorize the depositories of the public funds of Muscogee County to deposit with the clerk of the commissioners of roads and revenues of Muscogee County, in lieu of a surety bond, bonds of the United States or of the State of Georgia or validated county or municipal bonds; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the act entitled An Act to abolish the office of county treasurer of Muscogee County, Georgia; to provide for appointment by the commissioners of roads and revenues of said county of two or more county depositories for the funds of said county; to create the office of clerk of the commissioners of roads and revenues of said county, to prescribe his duties, and to provide that such clerk be the

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disbursing agent of said county; to prescribe the duties of such depositories; and to prescribe the duties of the commissioners of roads and revenues of said county relative to the carrying into effect of this Act; and for other purposes, approved July 15, 1924, be and the same is hereby amended by adding the following proviso at the end of the first sentence in Section 5 of said Act: provided, however, that in lieu of such surety bond the county depository may deposit with the clerk of the commissioners of roads and revenues of Muscogee County bonds of the United States or of this State, or duly validated bonds of the counties or municipalities of this State which are approved by the commissioners of roads and revenues of Muscogee County, and as to which there has been no default in payment either of principal or interest; and provided further, that a county depository may secure deposits made with it in part by a surety bond, and in part by a deposit of any or all of the bonds above mentioned, or by either method, so that said Section 5 of said Act, as amended, shall read as follows: Bond of depository. Section 5. No bank shall be allowed to act as a depository until it shall have given a bond signed by some amply solvent surety company, in an amount to be fixed by the commissioners of roads and revenues, payable to Muscogee County, conditioned for the safe-keeping of and accounting for all funds which may come into its custody, and for the faithful performance of all the duties incumbent upon it as a depository, said bond to be approved by the commissioners of roads and revenues; provided, however, that in lieu of such surety bond the county depository may deposit with the clerk of the commissioners of roads and revenues of Muscogee County bonds of the United States or of this State, or duly validated bonds of the counties or municipalities of this State which are approved by the commissioners of roads and revenues of Muscogee County, and as to which there has been no default in payment either of principal

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or interest; and provided further, that a county depository may secure deposits made with it in part by a surety bond, and in part by a deposit of any or all of the bonds above mentioned, or by either method. It shall be within the power of the commissioners of roads and revenues to require any bank acting as a depository to increase the amount of or to strengthen its bond at any time the commissioners may deem necessary, and, in default of the same being done, to revoke the appointment of such bank as a depository. Section 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 March 14, 1933. OCONEE COMMISSIONERS' COMPENSATION. No. 28. An Act to amend an Act to create a Board of County Commissioners of Roads and Revenues of the County of Oconee; to provide for the members thereof, for their removal from office; to provide for their compensation; and for other purposes, approved August 18, 1917, as amended by Act approved August 19, 1919, and amended by Act approved August 15, 1929. Section 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 amendment to said Act approved August 15, 1929, be and the same is hereby repealed, and that section 2 of the amendment to said Act approved August 19, 1919, be amended by adding to said section the following words: to be paid monthly, $125.00 per month. Pay $125 a month. Section 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 February 15, 1933.

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PRICE QUAIL SHOOTING. No. 101. An Act to repeal an Act entitled: An Act to regulate the shooting of quail in Pierce County, Georgia, approved August 21, 1925. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act that an Act entitled An Act to regulate the shooting of quail in Pierce County, Georgia, approved August 21, 1925, shall be and the same is hereby repealed. Repeal of Act. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same is hereby repealed. Approved March 1, 1933. PRICE SCHOOL SUPERINTENDENT, ELECTORS OF. No. 83. An Act to allow the qualified electors residing in Black-shear, Georgia, Pierce County, to vote for the county superintendent of schools. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act all qualified electors residing in City of Blackshear shall be allowed to vote for the county superintendent of schools. Voters for school superintendent. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1933.

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PIERCE TAX-COMMISSIONER'S BOND. No. 159. An Act to amend An Act to abolish the offices of tax-collector and tax-receiver in and for the County of Pierce, and to create in their stead a county tax-commissioner for Pierce County, Georgia, as authorized by the General Assembly of Georgia in an Act approved August 18, 1924, and ratified as an amendment to article 11, section 3, paragraph 1, of the Constitution of Georgia; to define the powers and duties of the said tax-commissioner; to provide the amount of his compensation and the method and time of his payment; to fix the terms of office of such commissioner and how elected, and to provide for filling vacancies in such office; to fix the amount and kind of bond to be given by such officer; and for other purposes, approved July 23, 1931 (Ga. Laws 1931, p. 548), by providing that the tax-commissioner of Pierce County may give personal bonds in lieu of surety bonds. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act Section 9, paragraph (c), of the Act relating to the office of tax-commissioner of Pierce County, approved July 23, 1931, be and the same is hereby amended as follows: By striking all of said paragraph (c) of Section 9, and inserting in lieu thereof the following paragraph: (c) The bonds herein provided for may be executed by a reliable bonding company as surety thereon, in which event the premiums on said bonds shall be paid by Pierce County, or, in lieu thereof, said tax-commissioner may give personal bonds with personal security approved as herein provided. Bond may be personal. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1933.

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PIERCE TAX-COMMISSIONER'S BOND. No. 164. An Act to amend an Act entitled An Act to abolish the offices of tax-collector and tax-receiver in and for the County of Pierce and to create in their stead a county tax-commissioner for Pierce County, Georgia, as authorized by the General Assembly of Georgia in an Act approved August 18, 1924, and ratified as an amendment to article 11, section 3, paragraph 1, of the Constitution of Georgia, etc., approved July 23, 1931, so as to authorize the tax-commissioner of Pierce County, Georgia, to give a personal bond instead of a surety company 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 the Act referred to in the caption of this Act, creating the office of tax-commissioner of Pierce County, approved July 23, 1931, be and the same is hereby amended as herein set forth. Section 2. Be it further enacted by the authority aforesaid, that the Comptroller-General and the commissioner of roads and revenues of Pierce County, or such other official or officials as may be hereafter in charge of the fiscal affairs of Pierce County, may, in their discretion, accept from the tax-commissioner of Pierce County bond with personal sureties, in lieu of the surety-company bond as now required by the aforesaid Act of July 23, 1931, creating the office of tax-commissioner of Pierce County, Georgia. Bond may be personal. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933.

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PIERCE TREASURY-DEPOSITORY'S BOND; DEPOSITS. No. 140. An Act to amend an Act entitled An Act to abolish the office of county treasurer of Pierce County, to dispose of the money and other funds and property belonging to said office; to authorize the county commissioners to select some bank in Pierce County to perform all the duties that have been performed by the said county treasurer, approved August 16, 1915, so as to authorize the county depository of Pierce County to give a personal bond instead of surety company 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 the Act referred to in the caption of this Act, creating a county depository for Pierce County, Georgia, approved August 16, 1915, and the same is hereby amended as hereinafter set forth. Section 2. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues of Pierce County, or any other official or board which may be hereafter in charge of said county's fiscal affairs, may, in his or their discretion, accept from the county depository of Pierce County, designated as provided by law, a bond with personal sureties instead of a surety company bond, or, if said official or board thinks proper to do so, he or they may accept from said county depository a surety-company bond for a part of the amount of the bond required and a bond with personal sureties for the remainder of said amount, the latter bond to protect the county from additional losses in excess of the amount covered by the surety-company bond. Bond may be personal. Section 3. Be it further enacted by the authority aforesaid, that all moneys collected for the county, including all

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tax moneys, shall be deposited by the county officers of Pierce County in said county depository as required by law. Collections to be deposited in county depository. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. RANDOLPH DEPOSITORY; DISBURSING AGENT. No. 10. An Act to amend an Act approved August 9, 1916, abolishing the office of County Treasurer of Randolph County, Georgia, and providing in what manner the funds of said county should be deposited and disbursed, by striking from said Act sections two, three, four, five, six, seven, eight, nine, ten, and eleven, and inserting in lieu thereof the following sections providing for the selection of a depository and disbursing agent and providing for the compensation of the same, and for other purposes, so that said Act as amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after August 15, 1916, the office of county treasurer of Randolph County, Georgia, shall be abolished, and the office shall, from and after that date, cease to exist. Treasurer's office abolished. Section 2. Be it further enacted by the authority aforesaid, that the board of commissioners of roads and revenues of Randolph County, Georgia, shall, by a majority vote taken among themselves, select some person, firm, or corporation in said Randolph County, or within the confines of the State of Georgia, to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. In the event said commissioners are unable

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to designate such depository and disbursing agent, then the judge of the superior court of Randolph County, Georgia, shall be empowered to select and appoint some person, firm, or corporation as such depository and disbursing agent. Depository and disbursing agent. Section 3. Be it further enacted by the authority aforesaid, that such person, firm, or corporation as shall be so designated as such depository and disbursing agent shall receive as compensation an amount to be determined within the sound discretion of the majority of the board of commissioners of roads and revenues of said county, not to exceed the amount of twenty-five ($25.00) dollars per month. Compensation. Section 4. Be it further enacted by the authority aforesaid, that no such person, firm, or corporation shall be allowed to act as such depository and disbursing agent until after a suitable bond has been made, payable to the said board of commissioners of roads and revenues of said county, with securities to be by them approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the sound judgment and discretion of said commissioners, will be ample to safeguard the county funds that will be deposited with such person, firm, or corporation. It shall be within the power of said board of commissioners of roads and revenues of said county to call upon such person, firm, or corporation to strengthen said bond or to give a new bond at any time, and, in default of the same being done, to revoke the appointment of such person, firm, or corporation as depository and disbursing agent. Bond. Section 5. Be it further enacted by the authority aforesaid, that it shall be the duty of each person, firm, or corporation acting as such depository and disbursing agent: Duties.

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1. To pay without delay, when in funds, all orders as issued and designated by said commissioners or by their authority. 2. To take a receipt on each order when paid and carefully keep it on file. 3. To keep a well-bound book, in which shall be entered all receipts, stating when received, from whom and on what account; to enter in said book all amounts paid out, stating when paid, to whom and on what account. 4. To keep a well-bound book in which shall be entered a full description of all county orders or other form of indebtedness as they are presented; and to record a copy of the order of the county authorities levying county taxes. 5. To render reports to and appear before said commissioners whenever notified, and to appear before any grand jury, on request, to render an account of the acting and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. Section 6. Be it further enacted by the authority aforesaid, that said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depository or depositories and disbursing agents or agent, and said depository or depositories and disbursing agent or agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Section 7. Be it further enacted by the authority aforesaid, that the board of commissioners of roads and revenues of said county may determine in each instance, at the time of making the appointment, the length of time for which such person, firm, or corporation shall act as such depository and disbursing agent.

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Section 8. Be it further enacted by the authority aforesaid, that every said depository and disbursing agent shall be liable, both civilly and criminally, just as county treasurers are liable, for any nonfeasance or malfeasance of duty; and said commissioners shall have the right to proceed against such depository and disbursing agent and the securities on the bond thereof, as county treasurers and securities on their bonds may now be proceeded against in case of non-feasance or malfeasance in the conduct of their office. Liability. Section 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 February 2, 1933. RICHMOND ATTORNEY FOR EDUCATION BOARD. No. 170. An Act to amend an Act entitled, An Act to amend an Act entitled `An Act to create a Board of Commissioners of Roads and Revenue for the County of Richmond, to define their powers and duties, and for other purposes,' approved August 19, 1907 (Acts of 1907, p. 324), as amended by an Act approved August 16, 1920 (Acts of 1920, p. 606), and as amended by an Act approved August 17, 1918 (Acts of 1918, p. 490), and also amended by an Act approved August 15, 1927 (Acts of 1927, p. 649), as also amended by an Act approved August 20, 1929 (Acts of 1929, p. 711), by striking from line seven of section two on page 491 of Acts of 1927 the words and figures `twelve hundred ($1200.00) dollars,' and inserting in lieu thereof `not exceeding thirty-six hundred ($3600.00) dollars' per annum, the amount to be fixed by the board of commissioners of roads and revenue for Richmond County for the year 1931 and for

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each year thereafter, which amount shall be in full for all legal services rendered by such attorney to and for Richmond County; and for other purposes, approved August 14, 1931 (Georgia Laws of 1931, p. 555), by providing that the county attorney for Richmond County shall also be ex-officio attorney for the board of education of Richmond County; and also to amend an Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872 (Georgia Laws of 1872, p. 456), creating the county attorney for Richmond County, ex-officio attorney for the Board of Education of Richmond County, without further compensation than that provided for as county attorney; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the approval of this Act, the above-entitled Act of 1931, approved August 14, 1931 (Georgia Laws of 1931, p. 555), be and the same is hereby amended by adding a section thereto as Section 8-(a), as follows: Act amended. Section 8-(a). That the county attorney shall be ex-officio attorney for the Board of Education of Richmond County, without any further compensation than that provided for in the Act approved August 14, 1931 (Georgia Laws of 1931, p. 555), the caption of which is hereinabove set out. County attorney ex-officio attorney for board. Section 2. Be it further enacted by the authority aforesaid, that this Act is expressly made applicable to the Act entitled An Act to regulate public instruction in Richmond County, approved August 23, 1872 (Georgia Laws of 1872, p. 456). Section 3. And be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933.

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RICHMOND CIVIL JURISDICTION; REPEALING ACT. No. 220. An Act to repeal an Act entitled An Act to extend the civil jurisdiction of certain justices of peace in the County of Richmond over the City of Augusta, approved December 22, 1834. Section 1. 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 December 22, 1834, entitled An Act to extend the civil jurisdiction of certain justices of peace in the County of Richmond over the City of Augusta, be and the same is hereby repealed. Repeal of Act as to jurisdiction of justices of the peace. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1933. RICHMOND, TEXT-BOOK LAW APPLIED TO. No. 225. An Act to amend an Act entitled, An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, (Georgia Laws 1872, page 456), so as to make a certain Act entitled An Act to create a Text-Book Commission for the State of Georgia; to define their duties and powers; to provide for the adoption and use of a uniform series of text-books in the public schools of the State; to provide how text-books used in the common-schools of this State shall be adopted, prepared, published, purchased, distributed, and sold; to provide a revolving fund for these purposes; to provide for the sale of text-books at actual cost; to repeal existing

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laws; to provide penalties for the violation of the provisions of this Act; and for other purposes, approved August 28, 1931 (Georgia Laws 1931, page 136), applicable to the Board of Education of Richmond County and Richmond County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the above-entitled Acts are hereby amended so as to make all the provisions of the Act approved August 28, 1931, applicable to the Board of Education of Richmond County, and Richmond County, as the same appears in Georgia Laws 1931, page 136, et seq., which said last Act is entitled An Act to create a Text-Book Commission for the State of Georgia; to define their duties and powers; to provide for the adoption and use of a uniform series of text-books in the public schools of the State; to provide how text-books used in the common-schools of this State shall be adopted, prepared, published, purchased, distributed, and sold; to provide a revolving fund for these purposes; to provide for the sale of text-books at actual cost; to repeal existing laws; to provide penalties for the violation of the provisions of this Act; and for other purposes. This amendment is expressly made in view of the provision of Section 20 of the Act approved August 23, 1872 (Georgia Laws 1872, page 456), which provides: That no general law upon the subject of education, now in force in this State, or hereafter to be enacted by its General Assembly, shall be so construed as to interfere with, diminish, or supersede the rights, powers, and privileges conferred upon the Board of Education of Richmond County by this act, unless it shall be so expressly provided by designating the said county and board under their respective names. Acts amended. Text-book law applied to board of education of Richmond county. Section 2. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1933.

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ROCKDALE SHERIFF'S BOND REDUCED. No. 139. An Act to reduce the official bond of the sheriff of Rockdale County from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars. 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 amount of the official bond of the sheriff of Rockdale County be and is hereby reduced from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars. Amount of bond. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved March 10, 1933. ROCKDALE WIRE FISH-BASKETS, ETC. No. 368. An Act to provide for and to allow the use of wire fish-baskets, and to permit seining in the streams of Rockdale and Newton Counties, during certain months of the year. 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 it shall be lawful for the citizens of Rockdale and Newton Counties to use wire fish-baskets in the waters and streams of said counties, during the months of July and August of each year, provided, that such baskets are constructed of wire of not less than one and one half (1) inch mesh. Wire fish-baskets. Section 2. Be it further enacted by the authority aforesaid, that on and after the passage of this Act it shall be lawful

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and permissible for citizens of said counties to seine in the waters and streams of Rockdale and Newton Counties, during the months of July and August of each year. Seining in Rockdale and Newton counties. Section 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 March 24, 1933. SCHLEY COMMISSIONERS AND CLERK. No. 230. An Act to amend an Act approved December 13th, 1871, creating a board of commissioners of roads and revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, as amended by an act approved March 2nd, 1875, so as to provide for compensation for the commissioners of Schley County, Georgia, as well as the clerk of the board of commissioners. Section 1. Be it enacted by the general assembly of the State of Georgia, and it is hereby enacted by authority of same, that, effective during the entire year of 1933 and thereafter, the board of commissioners of Schley County, Georgia, shall be authorized and empowered to provide, at any regular or call meeting for such purposes, compensation to be paid to each member of said board not to exceed one hundred ($100.00) dollars per annum, and additional compensation to be paid to the clerk of the board not to exceed fifty ($50.00) dollars per annum; and if the clerk should be a member of the board, the fifty ($50.00) dollars or fractional part thereof shall be in addition to the compensation as a member of the board. Pay of commissioners and clerk. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1933.

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SCHLEY SHERIFF'S BOND REDUCED. No. 231. An Act to amend Code section 4906 of the Georgia Code of 1910, to provide for the amount of bonds for sheriffs of Schley County, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the sheriff of the County of Schley, State of Georgia, shall give a bond with at least two securities, or one surety if it is a surety-bond company doing business in the State of Georgia, in the sum of four thousand ($4,000.00) dollars, conditioned upon the faithful performance of their duties as sheriffs, by themselves, their deputies, etc. Amount of bond. Section 2. Be it further enacted, that this law shall become effective upon passage and approval, and the bond so given prior thereto for the year 1933 shall be automatically reduced to four thousand ($4,000.00) dollars. Section 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 March 23, 1933. SEMINOLE COMMISSIONERS, ELECTION OF. No. 262. An Act to amend An Act to establish a Board of Commissioners of Roads and Revenues for the County of Seminole; to provide for the manner of their election; to define their powers and duties; and for other purposes; to change the manner in which the Board of County Commissioners of Seminole County shall be elected.

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Section 1. Be it enacted by the General Assembly of Georgia, that An Act to establish a Board of Commissioners of Roads and Revenues for the County of Seminole; to provide for the manner of their election; to define their powers and duties; and for other purposes, be and the same is hereby amended by adding the following words after the word county in the sixteenth (16th) line of said section as follows, to wit: One of the five members of the said board of commissioners of roads and revenues hereby created shall be a resident of each of said districts of said county, and that each commissioner shall be elected only by the qualified voters of the district of his residence, and that only one commissioner shall be elected from each district, and that only one commissioner shall reside in any one district; and if a commissioner shall move out of his district, his office shall become vacant and shall be filled in the same manner provided for the filling of vacancies occuring on account of death or resignation, so that said Section 3, when so amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that at the general election to be held in said county in 1922, or, if no general election is held, then at a special election to be called and held for this purpose, there shall be elected five commissioners, one of each to be a bona fide resident of one of each of the commissioner's districts of said county. The commissioner from the first and second districts shall hold office for the term of two years after January, 1923, and the commissioners elected from the third, fourth and fifth districts shall hold office for the term of four years from January 1st, 1923. The successors of said elected commissioners, and all future commissioners, shall hold office for the term of four years. No persons shall be elected commissioners except those who are freeholders, qualified voters, and residents of said county. One of the five members of the said board of commissioners of roads and revenues hereby created shall be a resident of each of said districts of said county, and each commissioner shall be

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elected only by the qualified voters of the district of his residence, and only one commissioner shall be elected from each district, and only one commissioner shall reside in any one district; and if a commissioner shall move out of his district, his office shall become vacant and shall be filled in the same manner provided for the filling of vacancies occuring on account of death or resignation. Before entering upon their duties, all commissioners of said county shall take an oath to faithfully perform the duties of commissioners under this Act and the Constitution and laws of Georgia, which oath shall be recorded in the office of the ordinary of the county, and said commissioners shall then be duly commissioned by the Governor of the State. The members of the board of such commissioners shall receive as compensation for their services the sum of $3.00 per day for each day spent in the discharge of the duties of their office. Any vacancy on said board occuring by death, resignation, or disqualification shall be filled by appointment by the remaining members of the board; such appointee shall qualify and hold office for the remainder of the time of the one whom he shall succeed. The members of said board shall, upon organization, elect from their number a chairman, who shall preside and act as such during the remainder of his term of office. One commissioner for each district, elected by voters thereof. Section 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 March 23, 1933. SPALDING DEPOSITORY ACT AMENDED. No. 93. An Act to amend an Act entitled An Act to authorize the Commissioners of Roads and Revenues of Spalding County, of this State, to designate a banking institution in

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said county to act as a depository of county funds, to prescribe the duties and compensation of said depository, and for other purposes, approved Aust 12, 1915, by repealing section requiring said depository to be located in said county, and by providing compensation for said depository not exceeding the sum of $600.00 per annum. 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 Section 1 of said Act be and the same is hereby amended by striking the words in said County in the seventh line of said section, so that said section when so amended shall read as follows: Words in said county stricken after banking institution. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that on or before the first day of January of each year, beginning January 1, 1917, and annually thereafter, the commissioners of roads and revenues of Spalding County, of this State, shall designate and appoint a bank or banking institution to act as a depository of county funds during the ensuing year, and until its successor is appointed and qualified. Said bank or banking institution shall be known as the county depository. Section 2. That Section 6 of said Act be and the same is hereby amended by striking the words of said county in the second and third lines of said section, so that said section when so amended shall read as follows: Similar change in Sec. 6. Be it further enacted, that said depository may be changed to bank or banking institution at any time in the discretion of the Board of Commissioners of Roads and Revenues of said county; provided, that the successor depository shall comply with all of the terms and conditions of this Act. Section 3. That Section 7 of said Act be and the same is hereby amended by striking the words one hundred dollars

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per annum in the fifth and sixth lines of said section, and substituting in lieu thereof the words six hundred dollars per annum, so that said section when so amended shall read as follows: Compensation. Be it further enacted, that the commissioners of roads and revenues shall be authorized to pay said county depository a reasonable compensation, to be agreed upon by them; provided, that in no case shall the compensation of the county depository exceed the sum of six hundred dollars per annum. Section 4. That all laws and parts of laws in conflict herewith be and the same and hereby repealed. Approved March 1, 1933. STEWART TAX-COMMISSIONER. No. 374. An Act to abolish the offices of tax-receiver and tax-collector of Stewart County, Georgia; to create the office of county tax-commissioner of Stewart 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 shall become effective, shall be of full force and effect as to the county tax-commissioner of said county 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 executions thereafter issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions 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 Stewart County, Georgia; to provide for the election of said county tax-commissioner and the method of filling

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vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in article eleven (11), sction three (3), paragraph one (1); to authorize the levy and collection of a tax to pay said county tax-commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that on and after January 1, 1937, the offices of tax-receiver and tax-collector of Stewart County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner of Stewart County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties and liabilities of the said office of tax-commissioner of Stewart County shall be the same as the rights, duties, and liabilities of the tax-receiver and tax-collector of said county, so far as the same are applicable. Section 3. Said tax-commissioner shall hold office for a term of four years, the first term beginning January 1, 1937, and ending December 31, 1940. Term of office. Section 4. Be it further enacted by the authority aforesaid, that said tax-commissioner shall be elected at the general election held in the State of Georgia in the year 1936, 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. Section 5. Be it further enacted by the authority aforesaid, that said tax-commissioner shall be commissioned and qualified as the clerks of the superior court are. Commission. Section 6. Be it further enacted by the authority aforesaid, that if a vacancy, for any cause, occurs in said office of tax-commissioner, it shall be filled in the following manner: Vacancy.

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(a) If such vacancy occurs within six months of the expiration of the existing term, the ordinary of Stewart County shall appoint some qualified person to discharge the duties of said office for the remainder of said term, who shall be commissioned accordingly. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the ordinary shall appoint some qualified person to discharge the duties of said office until an election can be held to fill such vacancy; and it shall be the duty of the ordinary of Stewart County to call a special election for the election of such commissioner to serve the remainder of said term, which election shall be held not sooner than thirty days and not later than sixty days after said vacancy occurs; notice of such election to be given by publication in at least two issues of the official organ of Stewart County. The person receiving the highest number of votes in said special election shall be commissioned as such commissioner; and in the event of a tie, the ordinary shall call another election as herein provided, and fill the vacancy by appointment until the vacancy is filled by an election. Section 7. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act shall become effective, and all tax executions theretofore issued by the tax-collector of Stewart County, Georgia, shall have full force and effect, and shall be collectible as issued. Collection of past taxes. Section 8. Be it further enacted by the authority aforesaid, that all fees, commissions, costs, and all other compensation allowed to the tax-receiver and tax-collector of Stewart County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by such tax-commissioner and paid into the treasury of Stewart County, Georgia. Fees, etc., go to treasury.

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Section 9. Be it further enacted by the authority aforesaid, that the compensation of the county tax-commissioner of Stewart County, Georgia, for all duties performed by him as receiver and collector of State, county, school-district, and any and all other taxes, shall be the sum of fifteen hundred ($1500.00) dollars per annum, payable one hundred twenty-five ($125.00) dollars monthly from the county treasury of said county. Salary. Section 10. Be it further enacted by the authority aforesaid, that the ordinary of said county shall furnish to the county tax-commissioner an office in the court-house in said county, fuel for the same, and the necessary office equipment, stamps, and stationery for the use of such office; and it shall be the duty of said officer to keep said office open every business day in the year. Office supplies, etc. Section 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 also at the same time give bonds and security as follows: Oath, bond. (a) Bond and security, payable to his Excellency the Governor and his successor in office in a sum equal to one half of State taxes estimated to be due from Stewart County for the year for which said officer is required to give bond, to be filed by the Comptroller-general before being sent out from the county to the Executive office, and to be conditioned as bonds of tax-collectors for State taxes are now conditioned. (b) Bond and security, payable to the ordinary of Stewart County, Georgia, conditioned for the faithful performance of his duties as such county tax-commissioner, in a sum to be fixed by said ordinary, which said bond must be filed with and approved by said ordinary and recorded as other officers' bonds. The security on said bonds shall be either a bonding company legally authorized to do business

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in the State of Georgia, or other good and solvent sureties that shall be approved by the ordinary or such other officers with whom it may be necessary to file such bonds. The premiums on said bonds shall be paid out of the county treasury of Stewart County, Georgia, as part of the expense of the county government. If said county tax-commissioner shall fail and neglect to give and file said bonds as herein required within ten days from the time of entering upon the discharge of the duties of his office, the ordinary of Stewart County shall declare a vacancy in said office, which vacancy shall be filled in the manner herein provided. Section 12. Be it further enacted by the authority aforesaid, that said tax-commissioner shall perform each, every, and all of the duties now required of both the tax-receiver and tax-collector of Stewart County, Georgia, 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 officers, except compensation. Duties. Section 13. Be it further enacted by the authority aforesaid, that the ordinary of Stewart County is hereby authorized and empowered, for and in behalf of Stewart County, to levy and collect a tax on all taxable property in Stewart County, Georgia, sufficient to pay the salary of said tax-commissioner and the expenses of his office, as herein provided. Tax to pay salary, etc. Section 14. Be it further enacted by the authority aforesaid, that all fees, commissions, percentages, and allowances paid by the State of Georgia to the tax-receiver and the tax-collector for receiving and collecting State taxes, when this Act shall become effective, shall be by said commissioner collected and paid into the treasury of Stewart County; also all fees and costs allowed by law to the tax-collector for issuing fi. fas. against delinquent taxpayers, when this Act shall become effective, shall be by said tax-commissioner collected and paid into the treasury of Stewart County. Collection of fees, etc.

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Section 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 March 24, 1933. SUMTER COMMISSIONERS; DISTRICT ELECTIONS. No. 283. An Act to amend an Act entitled An Act to amend an Act to create a board of commissioners of roads and revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, approved December 13th, 1871, and the several Acts amendatory thereto, in so far only as the several Acts relate to the County of Sumter, by changing the existing method of electing such commissioners in and for said County of Sumter, and providing how said commissioners for Sumter County shall be hereafter chosen or elected, the time and manner of electing the same; and especially amending the amendatory Act approved August 6th, 1904, so as to provide for two of the five commissioners to be elected at the October election, 1908, to hold their terms of office for six years, instead of four as now provided by law, which will make the term of these two commissioners expire January, 1915, and to provide for the successors of these two to be elected at the October election, regularly every four years, commencing from October election, 1914, so that by said method and change there will be members of experience in county affairs remaining on said board by their terms of office on and after each biennial election; to provide how the two of said commissions to be elected for said long term shall be determined; and for other purposes, approved August 11, 1908, so as to provide for dividing Sumter County into four commissioner districts,

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fixing the territory to comprise each district, the number of commissioners to be elected from each district, the effective date of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to amend an Act to create a board of commissioners of roads and revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, approved December 13th, 1871, and the several Acts amendatory thereto, in so far only as the several Acts relate to the County of Sumter, by changing the existing method of electing such commissioners in and for said County of Sumter, and providing how said commissioners for Sumter County shall be hereafter chosen or elected; the time and manner of electing the same, and especially amending the amendatory Act approved August 6th, 1904, so as to provide for two of the five commissioners to be elected at the October election, 1908, to hold their terms of office for six years, instead of four as now provided by law, which will make the term of these two commissioners expire January, 1915, and to provide for the successors of these two to be elected at the October election, regularly every four years, commencing from October election, 1914, so that by said method and change there will be members of experience in county affairs remaining on said board by their terms of office on and after each biennial election; to provide how the two of said commissions to be elected for said long term shall be determined; and for other purposes, approved August 11th, 1908 (Acts 1908, pages 348-349 and 350), be and the same is hereby amended by striking from the last four lines of Section 1 of said Act, the following, to wit: All citizens and residents of said county who are eligible to office as legislators, shall be eligible to serve as such commissioners of roads and revenues of Sumter County, and substituting in lieu thereof the following: Acts amended. Words stricken from Sec. 1.

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Provided, however, in order to insure county-wide representation on said board of commissioners, Sumter County is hereby divided into four parts or divisions, to be known as commissioner districts, as follows: Substitute for Sec. 1. (a) Commissioner district number one shall consist of and comprise the whole of the twenty-seventh land district of Sumter County, including the City of Americus. Four commissioner districts. (b) Commissioner district number two shall consist of and comprise the whole of the twenty-sixth land district, the whole of the seventeenth land district, and that portion of the sixteenth land district lying west of Muckalee Creek. (c) Commissioner district number three shall consist of and comprise the whole of the fifteenth land district, and that portion of the sixteenth land district lying east of Muckalee Creek. (d) Commissioner district number four shall consist of and comprise the whole of the twenty-eighth land district and the whole of the twenty-ninth land district. Of the five members of the Board of Commissioners of Sumter County, Georgia, two shall be residents of commissioner district number one, one shall be a resident of commissioner district number two, one shall be a resident of commissioner district number three, and one shall be a resident of commissioner district number four. The term resident shall mean a person residing in such commissioner district for at least twelve months prior to the date of his election; and in the event of his removal from his district during the term for which he is elected, his place on said board of commissioners shall be vacant, and the vacancy shall be filled as elsewhere provided in this Section. In the election of the members of said board of commissioners from respective districts, as herein provided, all electors of Sumter County shall have the names of all candidates for membership on said board of commissioners

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printed on their ballots, with the district in which each resides designated, and the persons residing in each of the second, third, and fourth commissioner districts receiving the highest number of votes of all votes cast in the county shall be declared elected as the members of said board from his respective district, and the two persons residing in the first commissioner district receiving the highest number of votes in the county shall be declared elected as the two members of said board of commissioners from the first commissioner district. All citizens of Sumter county, residents of the respective commissioner districts as aforesaid, who are eligible to office as legislators, shall be eligible to serve as such commissioners of roads and revenues of Sumter County. Residence of commissioner. Election. So that said Section One of said Act, after being so amended, shall read as follows: Section as amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 6th, 1904, providing for the election of county commissioners of Sumter County by vote of the people, be and the same is hereby amended by striking the whole of Section 1 of said Act, after the word for in the 23rd line thereof, and inserting in lieu of such portion so stricken out, the following: At the general election in October, 1908, there shall be elected a board of commissioners in said county, consisting of five persons, citizens of said county, and chosen in the manner hereinbefore provided, to succeed the then existing board, two of which commissioners shall be elected and hold their term of office for six years from January 1st, 1909, and until their successors are elected and qualified, three of said commissioners shall be elected and commissioned, and hold their office for a term of four years from January 1st, 1909, and until their successors are elected and qualified. The five commissioners so to be elected at the October election, 1908, shall among themselves determine by

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lot which of terms each shall have, and they shall hold office and qualify accordingly. The successors of the three commissioners herein provided for, who shall hold their office for a term of four years from January 1st, 1909, shall be elected at the regular October election every four years thereafter, the successors to the two commissioners who may be chosen for the long six year term shall be elected at the general October election, 1914, and every four years thereafter, their successors to be elected for only four years; and the election managers shall certify to the ordinary of said County of Sumter the result of such election, and thereupon each of the five candidates shall qualify by taking and subscribing before said ordinary the oath set forth in Section 6 of the Act approved December 13th, 1871; and it is hereby provided that all vacancies from death, resignation, or otherwise, which shall occur in said board of commissioners, shall be filled by appointment of the ordinary of said county, pending the next general election succeeding such vacancy and appointment, and at such succeeding election incumbents for such unexpired term shall be chosen, elected, and qualified in the manner as by this Act contemplated. Provided, however, in order to insure county-wide representation on said board of commissioners, Sumter County is hereby divided into four parts or divisions, to be known as commissioner districts, as follows: (a) Commissioner District number one shall consist of and comprise the whole of the twenty-seventh land district of Sumter County, including the City of Americus. (b) Commissioner District number two shall consist of and comprise the whole of the twenty-sixth land district, the whole of the seventeenth land district, and that portion of the sixteenth land district lying west of Muckalee Creek. (c) Commissioner District number three shall consist of and comprise the whole of the fifteenth land district, and

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that portion of the sixteenth land district lying East of Muckalee Creek. (d) Commissioner District number four shall consist of and comprise the whole of the twenty-eighth land district and the whole of the twenty-ninth land district. Of the five members of the Board of Commissioners of Sumter County, Georgia, two shall be residents of commissioner district number one, one shall be resident of commissioner district number two, one shall be a resident of commissioner district number three, and one shall be a resident of commissioner district number four. The term resident shall mean a person residing in such commissioner district for at least twelve months prior to the date of his election; and in the event of his removal from his district during the term for which he is elected, his place on said board of commissioners shall be vacant and the vacancy shall be filled as elsewhere provided in this section. In the election of the members of said board of commissioners from respective districts, as herein provided, all electors of Sumter County shall have the names of all candidates for membership on said board of commissioners printed on their ballots, with the district in which each resides designated, and the persons residing in each of the second, third, and fourth commissioner districts receiving the highest number of votes of all votes cast in the county shall be declared elected as the members of said board from his respective district, and the two persons residing in the first commissioner district receiving the highest number of votes in the county shall be declared elected as the two members of said board of commissioners from the first commissioner district. All citizens of Sumter County, residents of the respective commissioner districts as aforesaid, who are eligible to office as legislators, shall be eligible to serve as such commissioners of roads and revenues of Sumter County.

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Section 2. Be it further enacted, that this Act shall go into effect when approved by the Governor, but shall not alter or affect the term of any person now serving as a member of the Board of Commissioners of Sumter County, Georgia. Terms of incumbents not affected. Section 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 March 24, 1933. TALIAFERRO SHERIFF'S BOND REDUCED. No. 329. An Act to reduce the bond of the sheriff of Taliaferro County, Georgia, from the amount of $10,000.00 to $3,000.00; 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 sheriff of Taliaferro County, Georgia, shall be required to give bond in the sum of $3,000.00, instead of $10,000.00 as provided by the general law as laid down in Code section 4906; and it is the purpose of this Act to reduce the amount of said sheriff's bond from $10,000.00 to $3,000.00. Amount of bond. Section 2. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Section 3. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act is hereby repealed. Approved March 24, 1933.

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TAYLOR COMMISSIONERS; DISTRICT ELECTIONS. No. 92. An Act to provide for a better distribution of the Commissioners of Roads and Revenues of Taylor County, Georgia, in a manner that would give representation more equally to all parts of the county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Taylor County shall be divided into three (3) districts known as commissioner districts; the same to be known as Commissioner District No. 1, Commissioner District No. 2, and Commissioner District No. 3. District No. 1 shall comprise the following militia districts; Butler militia district, Carsonville militia district, and Cedarcreek militia district. Commissioner District No. 2 shall comprise Reynolds militia district, Panhandle militia district, and Potterville militia district. Commissioner District No. 3 shall comprise Howard militia district, Daviston militia district, and Rustin militia district. Commissioner districts. Section 2. Be it enacted by the authority aforesaid, that it shall be unlawful for more than one member of the board of roads and revenues to be elected from any one of the commissioner districts. It is further provided that the voters of the whole county shall vote for one candidate in each of the commissioner districts, and that said elections shall be held in all other respects as now. Elections. Section 3. Be it further enacted by the authority aforesaid, that this bill shall go into effect January 1, 1935. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1933.

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TAYLOR TAX-COMMISSIONER. No. 102. An Act to abolish the offices of tax-receiver and tax-collector of Taylor County, Georgia; to create the office of county tax-commissioner of Taylor 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 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 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 Taylor County, Georgia; to provide 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 Taylor County, Georgia, are hereby abolished, to take effect December 31, 1934, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority aforesaid, that the office of county tax-commissioner of Taylor County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the said office

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of county tax-commissioner of Taylor 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. Section 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 becomes effective, and all tax fi. fas. theretofore issued by the tax-collector of Taylor County, Georgia, shall have full force and effect, and be collectible as issued. Past-due taxes. Section 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 Taylor County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterwards, were it not for the provisions of this Act, shall be collected by said county tax-commissioner and paid into the treasury of Taylor County, Georgia. Fees, etc., go to treasury. Section 5. Be it further enacted by the authority aforesaid that the compensation of the county tax-commissioner of Taylor County, Georgia, shall be $1200.00 per annum, payable monthly as far as practicable. Salary. Section 6. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax-commissioner shall take the oath now prescribed by law for the tax-collector, and give bond in the sum of $10,000.00, 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 of the suretyship on said bond shall be paid out of the funds of Taylor County, Georgia, as part of the expense of county government. Oath, bond. Section 7. Be it further enacted by the authority aforesaid, that said tax-commissioner shall have an office in the court-house, which said office shall be kept open at least eight hours a day, except Sundays and holidays. Office, hours.

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Section 8. Be it further enacted by the authority aforesaid, that the first election of county tax-commissioner of Taylor County, Georgia, shall be at the time of electing members to the Legislature in 1934, and that the person so elected shall enter upon the duties of the office January 1, 1935; thereafter the election of said officer shall be on the regular time of electing county officers in 1936. The full term of this office shall be four years, as other county officers, except the first two years provided for in this paragraph or two years only. If a vacancy should occur, then the office shall be filled in the same manner as vacancies are filled in other county offices. Election. Section 9. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenues of Taylor County shall levy and collect a tax for the maintenance of said office and of the office supplies; and shall pay the salary of said county tax-commissioner of and for Taylor County, Georgia, out of the general funds of the county at the monthly meeting of said commissioners, and shall also pay out of said funds the premium on any bond or bonds required of said county tax-commissioner of and for Taylor County, Georgia. Tax to pay salary, etc. Section 10. 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). Invalid part of Act not invalidate whole. Section 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 March 2, 1933.

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TAYLOR TREASURER'S OFFICE ABOLISHED. No. 91. An Act to abolish the office of county treasurer of Taylor 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, that on and after December 31, 1934, the office of county treasurer of Taylor County, Georgia, be and the same is hereby abolished. Treasurer's office abolished. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1933. TAYLOR TREASURY-DEPOSITORY. No. 106. An Act creating a county depository in and for Taylor County, and to provide for the receiving and disbursing of county funds, and for the keeping of records relative thereto, and to define the duties of county commissioners relative 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 from and after January 1, 1935, the board of roads and revenues of Taylor County shall contract with some bank in the State of Georgia as a depository for all funds of Taylor County for the purpose of receiving and distributing of county funds as heretofore received and distributed by its treasurer. All of the funds received by said county to be deposited in such bank as contracted with by the said board of roads and revenues. Bank as depository.

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Section 2. Be it further enacted by authority aforesaid, that such bank as contracted with, as provided for in Section 1 of this Act, before entering upon its duties as said depository, shall deliver to the commissioners of roads and revenues of Taylor County a good and solvent bond to the county, with some surety-bonding company doing business in this State as surety, or signed by the directors of said bank at the option of commissioners of roads and revenues, at their first regular meeting after this bill becomes effective, January 1, 1935, and conditioned for the faithful performance of all duties devolving upon said depository under this Act. Bond. Section 3. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenues of said county shall furnish said depository with record books such as will be necessary for the keeping of a complete record of all business done by said depository. Said book or books must be labeled in the following manner: If cash-book, the label must read Cash-Book, Taylor Depository. All other books must be labeled in the same manner. Record books. Section 4. Be it further enacted by authority aforesaid, that the commissioners of roads and revenues shall have printed, and ready for use as soon as this Act becomes operative, new county warrants, in the following form: County warrants. Butler, Ga., , 19 . County Warrant No. . Taylor County Commissioners of Roads and Revenues orders the , County Depository, to pay to the order of , ($ ) Dollars, out of fund. Chairman. For Clerk

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And all warrants issued after this Act becomes operative must be issued according to the above form, and must be signed by the chairman of the county commissioners, and the clerk of said board, before they are authorized to be paid by the county depository. Section 5. Be it further enacted by the authority aforesaid, that the county depository as described and created in Section 1 of this Act be and is hereby authorized to receive and disburse all county funds as heretofore received and disbursed by its county treasurer. Said depository is further authorized to pay out of any funds on hand in the name of the county upon presentation of warrants the regular form as set out in Section 4 of this Act. Said depository shall pay out all county funds only upon a regular county warrant, except in such cases where the judge of the superior court of the county has jurisdiction and issues an order upon the county depository, and in that event said depository must secure a county warrant for its record. Disbursements. Section 6. Be it further enacted by the authority aforesaid, that said depository shall keep in a well-bound book or books to be furnished by the county, as set out in Section 3 of this Act, a complete record of all moneys received (from whom received and from what account received, whether ad valorem, or shows, or special, or automobile taxes, or from other sources not herein mentioned), and all disbursements, and how disbursed, and on what fund. Said depository shall, on the first day of each month, return to the board of county commissioners all paid and canceled county warrants held by it up to the time of said returns, and to do any other duties heretofore required of the county depository of this county, or county treasurer of this State. Account books. Section 7. Be it further enacted by authority aforesaid, that it shall be unlawful for such bank as is contracted with by the board of roads and revenues of this county to

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discount any county warrants drawn upon it. There shall nothing herein be construed to deprive said depository as a corporation from receiving county warrants as collateral against loans made by bank contracted with as a corporation. Unlawful discounts. Section 8. Be it further enacted by authority aforesaid, that the term of office for the county depository as set out and created in this Act shall be at the discretion of the commissioners of roads and revenues of said county. Term of office. Section 9. Be it further enacted by the authority aforesaid, that the depository as designated in Section 1 of this Act shall receive no compensation for acting as such. No pay for depository. Section 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 March 2, 1933. THOMAS COUNTY PURCHASING COMMITTEE. No. 235. An Act to amend the act of December 21, 1898, and all acts amendatory thereof, providing for a board of commissioners of roads and revenues for the County of Thomas, so as to provide and give full authority to said board of commissioners of roads and revenues of Thomas County to purchase at private and/or public sale, and/or upon sealed bids, all supplies to be used in different county offices and different county departments necessary in carrying on the county business affairs, to the exclusion of all offices and officers, department and departments, created in the operation of said county business affairs. Said purchases to be made by said board as a body or by a special purchasing committee, appointed by the chairman and approved by majority of members of said board.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the act of December 21, 1898, providing for a board of commissioners of roads and revenues of County of Thomas, said State, be and the same is hereby amended by adding to Section 2 of said Act the following: That the authority heretofore exercised by county officers and county departments of said county, in purchasing office and other supplies, is hereby transferred and vested in said board of commissioners of roads and revenues. That said board of commissioners of roads and revenues of County of Thomas, after passage of this Act, shall have full authority to purchase at private and/or public sales, and/or upon sealed bids, all supplies to be paid for by the county of any and every description to be used in office of clerk of superior court, and clerk of city court of Thomasville, sheriff's office, ordinary's office, tax-receiver's office, tax-collector's office, and all other county offices and officers, and in all departments of said county, necessary in carrying on the county business affairs, to the exclusion of all offices and officers, department and departments, created in the operation of said county business affairs. Said purchases to be made by said board as a body or by a special purchasing committee appointed by the chairman and approved by majority of the members of said board. All supplies bought by the said board as a body or by said purchasing committee will be paid for by the county, and that the County of Thomas will not be liable for purchases made otherwise. All county officers and managers in charge of each county department shall make requisition upon said board at any time they may deem it proper and for all supplies they may deem necessary in the operation of their respective offices and departments. So that when said section is amended, the same will read as follows: Purchases for county. Purchasing committee. Section 2. Be it enacted by authority of same, that the board of commissioners so organized shall have exclusive

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jurisdiction, care, and control over bridges, public roads, ferries, public buildings, and other property of the county, and shall have and exercise the jurisdiction formerly vested in the superior court, and afterwards by the Constitution of 1868 vested in the ordinary over the following subject-matters, to wit: In assessing general and special taxes for county purposes; in examining and settling the accounts of all officers charged with the collection, keeping, or disbursement of public moneys; in auditing and settling all claims against the county; in establishing and changing militia districts and election precincts; and in changing the places for holding justices' courts; in establishing and discontinuing public roads; in the appointment of road commissioners and the enforcement of road laws; in the establishment and control of public bridges and ferries; in providing for the care, maintenance, and burial of paupers; and in fixing the fees for dieting prisoners confined in the county jail. Said board of commissioners of roads and revenues of County of Thomas, shall have full authority to purchase at private and/or public sales, and/or upon sealed bids, all supplies, to be paid for by the county, of any and every description, to be used in office of clerk of superior court and clerk of city court of Thomasville, sheriff's office, ordinary's office, tax-receiver's office, tax-collector's office, and in all other county offices and officers, and in all department and departments of said county, necessary in carrying on the county business affairs, to the exclusion of all offices and officers, department and departments, created in the operation of said county business affairs. Said purchases to be made by said board as a body or by a special purchasing committee appointed by the chairman and approved by majority of the members of said board. All supplies bought by the said board as a body or by said special purchasing committee will be paid for by the county, and that the County of Thomas will not be liable for purchases made otherwise. All county officers and managers in charge of each county department shall make requisition upon said board at any

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time they may deem proper and for all supplies they may deem necessary in the operation of their respective offices and departments. Section as amended. Section 3. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act are hereby repealed. Approved March 23, 1933. THOMAS HUNTING OF CAT-SQUIRRELS. No. 282. An Act to amend the Act of August 25, 1931, amending the Act approved August 26, 1925, and being An Act for the protection of birds, fish, game and fur-bearing animals, by striking therefrom that portion of section 1 of the act of August 25, 1931, which prohibits the hunting and killing of cat-squirrels in Thomas County except from November 15th to February 15th; and for other purposes. Section 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, that section 1 of the Act of August 25, 1931, amending the Act of August 26, 1925, relating to the protection of game, birds, fish, and fur-bearing animals in this State, be amended by striking therefrom the words, provided that the open season for hunting or killing cat-squirrels in Thomas County shall be from November 15th to February 15th only, and inserting in lieu thereof this provision; provided, that the open season for hunting or killing cat-squirrels in Thomas County shall be from October 1 to February 15 only, so that it shall be lawful to hunt and kill these animals between said dates. Game law amended. Season for hunting cat-squirrels.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1933. TIFT TAX-COMMISSIONER'S BOND. No. 381. An Act to amend Section eleven of an Act approved August 15th, 1927, entitled 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-receiver and tax-collector, 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 the 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 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 the authority of same, that section eleven of said Act be amended and the same is hereby amended, by striking in said section, and beginning in the fourth line thereof, the following: and shall

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give bond in double the amount of money reasonably estimated to pass through his hands annually, and inserting in lieu thereof and shall give bond in the sum of not less than $10,000.00 in the discretion of the board of commissioners of said county, and by inserting in line eight of said section after the words, State of Georgia. So that said section after amended will read as follows: Be it further enacted by the authority aforesaid, that before entering on 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 the sum of not less than $10,000.00, in the discretion of the board of commissioners of said county, 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 of the suretyship on said bond shall be paid out of the funds of Tift County, Georgia, as part of the expenses of county government. Amount of bond. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. TIFT TREASURY-DEPOSITORY'S BOND No. 116. An Act to abolish the office of county treasurer of Tift County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act approved August 14th, 1915, entitled Tift Treasurer's Office Abolished and County Depositories Provided, be and the same is hereby amended by striking from Section four of said act, beginning in line six,

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the following: and in a sum which, in the judgment of said commissioners, will be double the amount of the county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond, and inserting in lieu thereof such bond to be the sum of not less than $5000.00, in the discretion of the board of commissioners of Tift County, Georgia, so that when said section is amended it will read as follows: Be it further enacted by the authority aforesaid, that no such bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to same commissioners, with securities to be by them approved, conditioned on the faithful performance of all duties pertaining to said appointment, such bond to be in the sum of not less than $5000.00, in the discretion of the board of commissioners of Tift County, Georgia. The property of such bank as well as the security or securities on such bond shall be bound, from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond or to give a new bond, at any time, and, in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Amount of bond. Section 2. Be it further enacted by the authority aforesaid, that said act be amended by striking from subsection one of section five and at the end thereof the following: according to the dates of such orders, so that such sub-section as amended shall read as follows: To pay without delay, when in funds, all orders issued by said commissioners or by their authority. Payment of orders. Section 3. Be it further enacted by the authority aforesaid, that subsections two, three, four, and five of section five be stricken, and in lieu thereof the following be substituted: That the clerk of the Board of Commissioners of Roads and Revenues for the County of Tift shall keep such

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books and records as is necessary to keep an accurate and full description of all county orders or other forms of indebtedness as they are presented, and to keep a complete and accurate account showing all receipts of moneys, stating when and from whom received and on what account, and accounts of all orders for amounts paid out, stating when paid, to whom paid and on what account. Said clerk shall give bond in such sum as may be required by the county commissioners but not less than $1000.00. As compensation for keeping such records said clerk shall receive, in addition to other pay authorized, not less than $25.00 per month, in the discretion of the county commissioners. Clerk, duties, bond, pay. Section 4. Be it further enacted by the authority aforesaid, that section eight of said act be amended by striking from said section, beginning in the seventh line, the following: in an adjoining county, so that said section when amended will read as follows: Be it further enacted by the authority aforesaid, that in case said commissioners shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no incorporated bank in said county, then said commissioners shall have the authority to appoint some bank in the State to act as such depository and disbursing agent. Depository outside the county. Section 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 March 1, 1933. TOOMBS BOARD OF COMMISSIONERS ABOLISHED. No. 168. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the

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County of Toombs; to provide for the election of commissioners who shall constitute said board; to prescribe the terms of office, their duties, fix their salaries; and for other purposes, approved August 29, 1929, found in the Acts of 1929, pages 725-729, inclusive. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that the Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Toombs; to provide for election of commissioners who shall constitute said board; to prescribe the terms of office, their duties; fix their salaries; and for other purposes, and approved August 29, 1929, and found in the Acts of 1929, pages 725-729, inclusive, be and the same is hereby repealed. Abolition of board. Section 2. That this Act shall become of force and effect on April 1st, 1933, upon the qualification of the commissioner of roads and revenues in and for said County of Toombs, under a companion bill providing for a creation of such office, and only in the event such companion bill is enacted into law. Condition on which Act is effective. Section 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 March 10, 1933. TOOMBS COMMISSIONER; OFFICE CREATED. No. 169. An Act to create the office of Commissioner of Roads and Revenue in and for the County of Toombs; to prescribe his duties and powers; to provide punishment for failure to perform certain duties; to provide for the management of county affairs; to provide for his compensation; to

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provide for the method of electing such officer; to provide the term of office; to provide for an appointee in this Act to hold said office until the same shall be filled by an election to said office; 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 April 1, 1933, the county affairs of Toombs 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. Commissioner of roads, etc.; office created. Section 2. Be it further enacted by the authority aforesaid, that E. F. Parker is hereby appointed, constituted, and made Commissioner of Roads and Revenue, and said commissioner to hold office for a term of three years and nine months, beginning April 1, 1933; and the Governor of the State of Georgia shall commission the above named commissioner as provided in this act. Commissioner named; term of office. Section 3. Be it further enacted by the authority aforesaid, that the first election for such commissioner shall be held along with the next election of county officers for said county, and said commissioner so elected shall hold office for four years and contemporaneously with the county officer. The election for the subsequent commissioner shall be conducted in the same manner, for the same term. Election of suceessor. Section 4. Be it further enacted by the authority 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 five years nearest preceding the term for which he is elected, must be of good moral character, and must have had some practical business experience. Qualifications. Section 5. Be it further enacted by the authority aforesaid, that said commissioner, before entering upon the discharge

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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 Gorgia), approved by the ordinary of said county, in the sum of $10,000.00, payable to the ordinary of said county and his successor in office, and conditioned for the faithful discharge by said commissioner of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of said ordinary, whether on his own motion or by the direction of said 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 said bond out of the public funds of said county. Bond. Section 6. 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 ability and knowledge and to the best interest of the entire county of Toombs. Oath. Section 7. Be it further enacted by the authority aforesaid, that said commissioner shall devote his entire time to the business and interest of said County of Toombs in the performance and discharge of his duties, and shall receive as compensation for his time and to cover all expenses incurred by him, for traveling in and over said county, owning and/or operating an automobile in the discharge of his duties, the cost of fuel and upkeep thereof, and any and all other pay, reimburse, for expenses, emoluments, perquisites, the sum of $2100.00 per annum, the same to be paid monthly or otherwise as said commissioner may elect. Entire time required. Compensation. Section 8. Be it further enacted by the authority aforesaid, that in case of a vacancy in the office of the commissioner,

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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, 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 in said Toombs County. Vacancy. Section 9. Be it further enacted by the authority aforesaid, that said commissioner shall be and he is hereby vested with exclusive jurisdiction and the control over the following matters, to wit: In directing, controlling, and the caring for all property of the county, according to law; in levying taxes for county purposes, according to law; in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the tax officers' books and the allowing the insolvent lists 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, collecting, or disbursing of money belonging to the county or appropriated for its use and benefit, and bringing them to a settlement; and especially is he charged with frequently examining and auditing the books of the county treasurer or the 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 to be done by the commissioner himself as often as he may deem wise. Though said commissioner, for the purpose of carrying out the provisions of this act as the same relates to the other offices of the county and over which he is herein given jurisdiction, shall also have at his command an audit to be made of the books of

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the various offices of the county as hereinafter provided for. Said commissioner 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 conditions of the county. In controlling, caring for, and the managing the convicts of the county, according to laws; in promoting and preserving the public health of the county, with the authority to quarantine against contagious disease and epidemics, according to law; in regulating and fixing license fees as authorized by law; and generally to have and exercise all power heretofore vested in the commissioners or ordinary of said county when sitting for county purposes; and to exercise such other power as are granted by law, or as may be undisputable 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 by law, such as warden, superintendents and guards of convicts of the chain-gang, county physician, health officer, tax-assessor, county policeman, and all other officers and guards as needed and authorized by law. All appointments of said commissioner shall be subject to suspension or dismissal at any time; and no appointee as suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Jurisdiction. Section 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 to represent the county in any litigation which may arise in which said county is a part. Whenever it is deemed necessary, said commissioner may employ additional counsel to assist the county attorney, and also allow the county attorney additional compensation in litigating matters of the county. Attorney. Section 11. Be it further enacted by the authority aforesaid, that said commissioner shall have entire control and

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the management of the convicts of said county sentenced to work upon the roads or work of said county, and all convicts of this State assigned to the County of Toombs by the proper authorities of the State, and shall so employ them according to law and under such plans for working, building, repairing, and the maintaining the public roads, bridges, and the works of said State as may now or hereafter be adopted or enforced by law in said county. Said commissioner in the working of the roads in said county shall work the same in the various districts of said county in proportion that the public road mileage of said districts bears to the whole county, less State-aid roads, except in an emergency caused, at which time said commissioner may disregard this section. Convicts. Roads, etc. Section 12. Said commissioner shall have and maintain an office at the court-house of said county for the transacting of business, and the said office shall be kept open each day during the usual office hours (Sundays and holidays excepted) and during such office hours the books of such commissioner and other public records in his office, custody, or control shall be subject to inspection by any citizen of said county; provided such investigations shall be so conducted as to not seriously interrupt or impede the necessary business of said office. Office, hours. Section 13. Be it further enacted by the authority aforesaid, that said commissioner shall keep a proper and accurate book of minutes, wherein shall appear all orders and the proceeding 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 treasury 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

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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 the county, including supplies, equipment, and expense therefor, the pay of warden, guards, etc. He shall keep a book of inventory of all county property, including road machinery, live stock, chaingang 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 and in whose custody, in what condition, and of which inventory shall be carefully revised each year; and he shall keep such other books and the 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 kept open to the inspection of any and all citizens of Toombs County who may be interested in the same. Minutes, accounts, etc. Section 14. Be it further enacted by the authority aforesaid, that said commissioner, at the beginning of the second quarter of this act, to wit, the first week in July, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during the preceding quarter. And each quarter thereafter such statements to be made up and published of the preceding quarter as herein directed. Said statement shall show the balance of cash on hand at the beginning of the preceding quarter and at the end of the preceding quarter; also such outstanding obligations as he or his predecessors shall have made. He shall verify said statement by affidavit as follows: Financial statements. I, Commissioner of Roads and Revenue of Toombs 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;

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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. Affidavit. Signed Sworn to and subscribed before me this the day of 19 , Notary Public. Said statement shall be published in the official gazette of said county, provided the commissioner can arrange for its publication at a price not to exceed $2.00 per 100 words. If the commissioner can not obtain the publication of said account or statement at said price by the official paper of 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. Publication of statement. Section 15. Be it further enacted by the authority aforesaid, that it shall be unlawful for said commissioner to employ any person related to him in 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 work 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 work of the county, upon full specification and due advertisement thereto, and a person related to the commissioner submit a bid and is the lowest bid therefor. Posting of notice at the court-house for ten days, or publication of the same in one issue of the official newspaper of said county, shall be considered due advertisement. The commissioner shall have the right, however, to reject any and all bids; and it shall likewise be unlawful to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate expenses out of transportation, or other valuable causes, in

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connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contractor of said county; and if any such commissioner shall violate any provisions of this section, he shall be guilty of a misdemeanor, and upon conviction therefor 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 and shall be filled as hereinbefore provided for in this act. Prohibited employment of or contract with relative. Bids. Prohibited financial interest. Penalty. Section 16. Be it further enacted by the authority aforesaid, that no material for public roads, bridges, public building, or property under the control of said commissioner of the county shall be purchased except upon written specifications as to quality, and all such materials or supplies must be suitable for the purpose intended, of good quality and standards generally recognized for such purposes as to be used. All laws of this State as to competitive bidding for all such materials shall be strictly observed. Purchases for county. Section 17. 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 always keep in view what will be to the greater good of the greatest number; and this policy shall be uniformly observed by said commissioner. Policy in road or bridge work. Section 18. Be it further enacted by the authority aforesaid, that said commissioner shall hold one session of his court for county purposes at the county court-house on the first Tuesday in each month, and the session may be adjourned from day to day until all pending business may be disposed of. He may hold called sessions as often as in his judgment the powers and duties herein conferred may require. Sessions. Section 19. That said commissioner shall have authority to employ a competent clerk at a salary not to exceed $50.00 per month, and as authorized in his discretion may require

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a bond, and shall prescribe the duty of such clerk, and may, with or without cause, discharge such clerks at any time. Clerk. salary. Section 20. Be it further enacted by the authority aforesaid, that such said commissioner shall employ a competent physician to administer medical treatment to the convicts of said county, and such other duties as may be prescribed by said commissioner, and for which said physician shall be paid a reasonable salary. County physician. Section 21. Be it further enacted by the authority aforesaid, that the grand jury sitting at the place regular term of court in each year shall appoint a certified public accountant or a firm of certified public accountants, who shall be non-resident of Toombs County, to audit all the books and accounts of the county, including the tax-receiver, tax-collector, tax-commissioner, treasurer or depository, sheriff, superintendent of schools and especially of the commissioner of roads and revenue, and any of the officers or persons receiving or disbursing county funds. Said accountant so appointed shall have the power to examine upon oath any county officer or any citizen relative to any account, item, warrant, or transaction in connection with any of the affairs of said county, and particularly in connection with the commissioner of roads and revenue. Said accountants shall audit all books, accounts, vouchers, warrants, and other records of the entire county up to the first day of January of the year following his or 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 the superior court of that county, who shall submit the same, together with his comments, criticism, and recommendation, 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 organ of the county or in pamphlet form. No accountant or firm of accountants shall be so employed who shall be in any way related to or for

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any business connection with any such officer or officers of books to be so audited. The grand jury appointing such accountant or accountants shall prescribe the amount to be paid to them for their service; and after such services have been performed and the judge of the superior court has submitted said report to the grand jury, it shall be the duty of the commissioner of roads and revenue to provide for the paying of said accountant or accountants for their services, upon the written approval of the foreman of the grand jury making the appointment, together with the judge of the superior court. Audit. Section 22. Be it further enacted by the authority aforesaid, that whenever said commissioner deems it available or necessary that any property belonging to said county be sold, he shall sell the same, after due advertisement in the official newspaper of the county, at public outcry, to the highest bidder for cash before the court-house door. Sale of county property. Section 23. Be it further enacted by the authority aforesaid, that for the purpose of counseling and advising with the commissioner of roads and revenue as provided for in this act, there shall be an advisory board in and for said county, composed of ten members as follows: C. C. Mosley, M. H. Brice, D. L. Galbreath, J. B. Jones, L. N. Underwood, L. L. Clifton, J. H. Smith, F. L. McCullough, Joe Lewis, and Math Williamson. The said named members of said advisory board shall hold office until the time of the commissioner herein appointed expires under this act. Said advisory board shall meet the commissioner of roads and revenue at his office at the court-house on the first Monday in each quarter, beginning on the first Monday in July, 1933, and shall advise the said commissioner and subject him to inquiry upon any and all matters in connection with his official duties. Said board shall not hold more than one meeting in said quarter. Said board shall make such recommendations to the commissioner as they may deem advisable; but no recommendation made by said board

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shall be binding upon said commissioner, and no action taken by said commissioner shall be subject to or depend upon authority from said board. All recommendations made by said board, however, shall be carefully considered by the said commissioner, and shall be given due weight by him in determining what is for the best interest of the county. The members of said board shall each be paid the sum of $3.00 for each meeting for which they attend. Any vacancy in said board, by death, resignation, or otherwise, may be filled by the other members of said board. In the event of a tie in such election, the commissioner shall be entitled to cast the deciding vote, and the person so elected to fill such vacancy shall be commissioned to hold such office for the unexpired portion of the term. Said office of the advisory board shall become extinct at the expiration of the term for which the commissioner herein named is appointed to serve. Advisory board; members named. Duties, term, etc. Per diem. Vacancy. Board extinct when. Section 24. Be it further enacted by the aforesaid, that this act shall become effective and of force only in the event of the passage and approval of a companion bill providing for the abolishment of the board of commissioners of roads and revenue of said county. Condition on which Act is effective. Section 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 March 10, 1933. TURNER TAX-COMMISSIONER'S BOND. No. 250. An Act to amend an Act approved August 7th, 1925, entitled An Act to abolish the offices of tax-receiver and tax-collector of Turner County, Georgia, and creating the office of county tax-commissioner of Turner County, Georgia, for the purpose of fixing the amount of the

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bond of such tax-commissioner by amending Section six (6) of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section six (6) of the Act referred to in the above caption be and the same is hereby amended as follows: Section 2. Be it enacted by the authority aforesaid, that the words double the amount of money reasonably estimated to pass through his hands annually be stricken from said Section six (6), and in lieu thereof the words the sum of twenty-five thousand ($25,000.00) dollars be added, so that said section as amended shall read as follows: Section six (6). Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax-commissioner shall take the oath now prescribed by law for the tax-collector, and shall give bond in the sum of twenty-five thousand ($25,000.00) dollars, which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia; and the fee or cost for the suretyship on said bond shall be paid out of the funds of Turner County, Georgia, as part of the expense of county government. Amount of bond. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. TWIGGS BOARD OF COMMISSIONERS REFERENDUM. No. 340. An Act to create a Board of Commissioners of Roads and Revenues for the County of Twiggs, State of Georgia; to

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provide for the election of the members thereof; to prescribe their powers, duties, compensation, jurisdiction; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Twiggs, 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. Section 2. Be it further enacted by the authority aforesaid, that for the purposes of this Act the County of Twiggs shall be divided into three road districts, as follows: Higgsville, Shady Grove, Ware, Tarversville shall constitute district number one; Jeffersonville, McDonough, Hammocks shall constitute district number two; Marions, Bluffs, Pearsons, Smith shall constitute district number three; and one commissioner shall be elected for each road district from the territory embraced in such road district. Road districts. One commissioner for each district. Section 3. Be it further enacted by the authority aforesaid, that the first commissioners to be elected under this Act shall be elected by the qualified voters of said county on the third Wednesday in October, 1934, at a special election to be held under the same laws controlling elections for members of the General Assembly of Georgia. One member shall be elected from each of the three road districts, and no member shall be elected from any road district unless he is a bona fide resident of the same, but each member shall be elected by the voters of the entire county, and not by the voters of his district alone. Said commissioners elected at such special election shall qualify and assume their duties as such commissioners on the first Tuesday in January, 1935, and shall hold office until the first Monday in January, 1939, or until their successors shall be elected and qualified. Election. Terms of commissioners.

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Section 4. Be it further enacted by the authority aforesaid, that the terms of office of said commissioners after January, 1939, shall be for four years; beginning with January, 1939, and as their terms expire their successors shall be elected for the full term of four years each, at the same time and under the same laws controlling elections for county officers; and any member may become his own successor in office, if elected. Section 5. Be it further enacted by the authority aforesaid, that should a vacancy, from death, resignation, removal from county or district, or otherwise, occur on said board of commissioners, the same shall be filled by appointment of the judge of the superior court of Twiggs County, until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected, and said successor either by appointment or election shall be from the road district from which the vacancy occurs. Vacancy. Section 6. Be it further enacted by the authority aforesaid, that each commissioner before entering upon his duties shall give bond in the sum of ten thousand dollars each, to be signed by a surety company authorized to do business in the State of Georgia, payable to the ordinary of Twiggs County, Georgia, and his successor in office; said premiums on said bonds to be paid out of the treasury of Twiggs County, Georgia; 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 for suretyship on said bonds, as well as the bond of the clerk hereinafter referred to, shall be paid out of the general funds of Twiggs County as other expenses of county government are paid. Said bonds shall be for the faithful performance of the duties of the office, and may be sued on by the ordinary on his own

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motion or by the direction of the grand jury, and any commissioner and his sureties shall be liable for any breach thereof by way of malfeasance in office or for any neglect of duty. Bond. Oath. Section 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 Tuesday thereof; the first meeting to be held on the first Tuesday in January, 1935, at ten o'clock a. m., when the retiring county commissioner of roads and revenues of said county shall turn over to them their office, all records, books, and official papers therein, together with all county property, with a full inventory of the same and a full and complete statement showing the financial condition of the county. At this meeting and on the first Tuesday in January, 1935, or as soon thereafter as practical, the board of commissioners, shall organize by electing one of the members as a chairman, one as a vice-chairman, and every four years thereafter on the first Tuesday 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 be elected, and nothing herein shall pre-chairman or during the vacancy in the office of chairman, perform and discharge all of the duties of chairman; and in the event of a vacancy in the office of chairman, or vice-chairman, the same shall be filled by the board at its next regular meeting. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees, and agents of said board faithfully and impartially 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

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of the other two members of the board, and shall do so whenever the other two members make such request. Sessions. Chairman, etc. Section 8. 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. Per diem and expenses. Section 9. Be it further enacted by the authority aforesaid, that said board of commissioners shall at their first regular meeting on the first Tuesday in January, 1935, and on the first Tuesday in January, 1939, or as soon thereafter as practical, and every four years thereafter on the first Tuesday in January, elect a clerk, who shall be a competent bookkeeper, at a salary to be fixed by the commissioner, 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 five thousand dollars, conditioned for the faithful performance of his duties as such clerk and to account for any and all funds, property, or effects which may come into his hands as such clerk, which bond shall be filed with the ordinary of said county and recorded on his minutes, and may be sued on in like manner as the board of said commissioners. The board of commissioners shall 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 purposes and on what fund, and all

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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 at any time and elect a successor. Clerk. Discharge of clerk. Section 10. Be it further enacted by the authority aforesaid, that the said Board of Commissioners of Roads and Revenues of Twiggs County, Georgia shall elect one of their members as purchasing agent of said board of roads and revenues, and shall upon orders of said board purchase all equipment, material, and supplies of said county, of such kind and quality and in such quantities as he is directed by said board of commissioners; and wherever practical, purchases of all equipment, material, and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioner and subject to inspection by the grand jury or other interested citizens. Said purchasing agent shall, 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 such requisition, if filed with the board, the clerk of said board shall call upon those having said material for

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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 said purchasing agent shall be upon written order, and duplicate copies of said orders shall be kept on file in the office of the commissioners and subject to inspection of the grand jury and other interested parties. Nothing herein shall prevent the purchases being made by the board of commissioners and by the committees of said board appointed for such purposes; but written orders thereof shall be given by the said purchasing agent. All purchases made shall be charged to Twiggs County; and before bills therefor are submitted to the board for approval, they shall be audited and payment thereof recommended by the purchasing agent, 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 said purchasing agent and chairman as all other warrants drawn on the treasury of the county shall be signed before payment thereof is made, except that in the absence of the chairman and while the vice-chairman is acting as chairman said vice-chairman shall be authorized to sign warrants on the county treasury or depository. Compensation to be paid said purchasing agent is to be determined by the board of commissioners of roads and revenues. Purchasing agent. Compensation. Section 11. Be it further enacted by authority aforesaid, that said board of commissioners may at their discretion, and when they deem necessary, elect a superintendent of roads and bridges, to be selected on account of his efficiency and knowledge and skill in practical road 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

Page 706

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. Section 12. Be it further enacted by authority aforesaid, that the board of commissioners shall have the books and accounts of the tax-collector, tax-receiver, treasurer, sheriff, superintendent of schools, and commissioners of roads and revenues audited by a certified public accountant of this State, immediately after they take charge of the affairs of the county, to cover such period as they may think advisable, and each year thereafter they must have the books and accounts of said officers examined for the year previous. Full reports of such audits, including statements of assets and liabilities, of revenues and expenses, and such schedules may be necessary for a clear understanding of the affairs of the county, as of January 1st of each year, shall be made, and such audits shall be completed and furnished to the next succeeding term of the grand jury of the county. An intelligent statement of each audit, showing the financial condition of the county, its receipts and disbursements, shall be published by the commissioners in the official organ of the county, if satisfactory prices therefor can be made for such publications; 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. Publication.

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Section 13. Be it further enacted by the authority aforesaid, that said board of commissioners of roads and revenues shall have and that they are vested with exclusive jurisdiction and control over the following matters, to wit: In directing, controlling, and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing public roads, private ways, bridges, and ferries, according to law; in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the county tax-commissioner's 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 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 the 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;

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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 indispensable to the jurisdiction over county matters, or county finances; in selecting and appointing all minor officials of the county whose election or appointment is not otherwise appointed by law, such as warden, superintendent, and guards of convicts and chain-gang, janitor of the court-house, superintendent of pauper farm 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 of board. Section 14. Be it further enacted by authority aforesaid, that said board of commissioners may receive contributions for the improvement of the public roads of the county from persons who own property along the same or from any other persons, or from the State Government or the United States Government, who may be interested in

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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 chairman of the board 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 mis-appropriation of any such funds he and his sureties on his bond shall be liable therefor. Donations for roads, etc. Section 15. Be it further enacted by the authority aforesaid, that it shall be unlawful for any member of said board or their clerk to have any financial interest in the sale or purchase of any articles to or from the county, or to receive any rebate, expense account, transportation, or other valuaable consideration in connection with or through the purchase of any equipment or supplies for the county or awarding 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 misdemeanor, and upon conviction shall be punished as prescribed in section 1065 of Penal Code of Georgia, 1910, and shall forfeit his office or be discharged from employment. Prohibited financial interest of board member or clerk. Penalty. Section 16. Be it further enacted by the authority aforesaid, that the chairman and one other member of said board, or, in the absence of the chairman, the vice-chairman and one other member of the board of commissioners, shall constitute a quorum for the transaction of any business of the board; and all votes of the board making appropriations, authorizing the expenditure of county funds, or fixing the salaries of officers, agents, or employees, shall be ayes and nays, duly recorded on the minutes, and on any question or matter before the board any member may demand an aye or nay vote, and on such demand the vote shall be taken and recorded on the minutes. Quorum. Record of votes.

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Section 17. Be it further enacted by the authority aforesaid, that the first commissioners to be elected under this Act shall be elected by the qualified voters of said county on the third Wednesday in October, 1934, at a special election to be held under the same laws controlling elections for members of the General Assembly of Georgia. One member shall be elected from each of the three road districts, and no member shall be elected from any road district unless he is a bona fide resident of same, and each member shall be elected by the voters of the entire county, and not by the voters of his district alone. Said commissioners elected at special election, shall qualfy and assume their duties as such commissioners on the first Tuesday in January, 1935, and shall hold office until the first Monday in January, 1939, or for a four-year period beginning on the first Tuesday in January, 1935, or until their successors shall be elected and qualified. Election of commissioners. Section 17-A. Be it further enacted by the authority aforesaid, that before this Act shall become a law the same shall be submitted to the qualified voters of Twiggs County for ratification or rejection at the general election in 1934 for the election of members of the General Assembly, State Senators, United States Congressmen, etc., to be held on the second Tuesday after the first Monday in November, 1934. At said election the ballots therein shall have printed thereon the words For County Commissioner, and Against County Commissioner. Those voting for the ratification of the Act shall use ballots that have thereon the words For County Commissioners; those voting against the ratification of the Act shall use ballots that have thereon the words Against County Commissioners. The returns from the said election from various precincts of Twiggs County shall be made in the same way and manner and under the same laws as governing said election, and the said returns shall be consolidated in the same way governing general elections at noon after the day of election,

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and the result of said election then and there announced and declared in the same way and manner as prescribed for said election. Referendum. Section 18. Be it further enacted by the authority aforesaid, that all laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 24, 1933. UNION AUDIT OF FINANCES. No. 217. An Act to create an Act providing for and requiring an annual audit of the finances of Union County; to require certain officers of the county to file financial statements; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and the same is hereby enacted by the authority of the same, that from and after the passage of this Act that it shall be the duty of the ordinary of said county, or any other body or board which may hereafter have charge of the finances of said Union County, to annually employ and engage the services of a competent auditor, who shall audit the affairs of each county officer of said county who handles county funds, which shall include the office of county school superintendent of schools. The first audit to be made as of March 31, 1933, and filed with the clerk of the superior court not later than June 1, 1933; and all subsequent audits to be made as of June 30, and filed as provided during the month if September annually, and such shall show the status of the county finances to June 30 of each year. The cost of each audit to be paid by the ordinary or any other body or board having charge of the county finances. Audits.

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Section 2. Be it further enacted by the authority aforesaid, that the ordinary of said county or any other body or board having charge of the finances of the county, the clerk of the superior court, the county treasurer, the tax-collector, and county school superintendent and board of education of said county shall be and are hereby required to make and file with the clerk of the superior court quarterly on March 31, June 30, September 30, and December 31, annually a complete financial statement showing all funds received, from what source received, all expenditures, and the reason for same, and all funds n hand; and where money is borrowed by any of said named officer or board, said financial statement shall show the rate of interest to be paid, when the loan will mature, and the specific purpose for which it was so borrowed, and from what fund or funds the principal and interest will be paid. Financial statements by officers. Section 3. The county board of education and county school superintendent of schools of said county shall be and are hereby required to keep the following records: Records and duties of board of education and school superintendent. (a) Said board of education and county school superintendent shall secure and keep a permanent record book, which shall be open for public inspection during office hours, showing all funds received by it or him, for all purposes; and all funds received shall be kept in separate accounts, that is, the amount received from county or district levy, the general school funds, the Barrett-Rogers fund, the equalization fund, funds received from timber sales from government land; and funds from any other source shall each be kept in separate accounts, and the disbursement from each separate account shall likewise be kept and shown. (b) The financial report required to be filed by said board of education or county school superintendent quarterly, as required by Section 2 of this Act, shall and does require board of education and superintendent to show in

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detail each item disbursed from each separate fund, the number of each check or voucher, the person to whom the same was paid, the date of payment, the purpose for which it was paid. (c) Said board of education and county school superintendent shall pay all legal claims by separate warrants, and no two items of indebtedness shall be paid by one warrant. (d) The financial reports to be filed by said board of education and county superintendent of schools shall show all indebtedness of said board of education, from whom it was borrowed, the maturity of the indebtedness, the cause of the same, together with any and all indebtedness of the board and the cause of the same. Section 4. Be it further enacted by the authority aforesaid, that all of the things, duties, and acts required by Section 3 of the county board of education and superintendent of schools shall likewise and in the same manner and extent are hereby required of the ordinary of said county. Section 5. Be it further enacted by the authority aforesaid, that all officers and board as listed in Section 2 of this Act shall, on request, furnish its books and records to the grand jury of said county; and any officer so named or member of any board who shall fail and neglect to keep the books and records required by this Act, or who shall fail to make and file the quarterly report herein required, or who shall fail to comply with any other provisions of this Act, shall be guilty of a misdemeanor and shall be removed from office. Section 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 March 23, 1933.

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UNION SHERIFF'S BOND REDUCED. No. 308. An Act to reduce the penalty of the official bond of the sheriff of Union County, Georgia. 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 passage of this Act, the penalty of the bond of the sheriff of Union County, Georgia, heretofore approved in the penal sum of ten thousand ($10,000.00) dollars, is hereby reduced to the penal sum of three thousand ($3,000.00) dollars. Amount of bond. Section 2. From and after the passage of this Act, the official bond of the sheriff of Union County, Georgia, shall be in the penal sum of three thousand ($3,000.00) dollars for the present term, and for the future terms the said bond shall be approved in the penal sum of three thousand ($3,000.00) dollars. Section. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1933. UNION SHERIFF'S BOND REDUCED. No. 137. An Act to reduce the penalty of the official bond of the sheriff of Union County, Georgia. 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 passage of this Act, the penalty of the bond of the sheriff of Union County, Georgia,

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heretofore approved in the penal sum of ten thousand ($10,000.00) dollars, is hereby reduced to the penal sum of three thousand ($3,000.00) dollars. Duplicate of next Act above. Section 2. From and after the passage of this Act, the official bond of the sheriff of Union County, Georgia, shall be in the penal sum of three thousand ($3,000.00) dollars for the present term, and for the future terms the said bond shall be approved in the penal sum of three thousand ($3,000.00) dollars. Approved March 10, 1933. UNION TREASURY-DEPOSITORY. No. 90. An Act to abolish the office of county treasurer in and for the County of Union; to prescribe additional duties for the ordinary of Union 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 provide for giving bond; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after December 31, 1936, or at any time prior to that date that a vacancy may occur, by death, resignation or otherwise, the office of county treasurer of Union County shall be and the same is hereby consolidated with the office of ordinary of Union County, as hereinafter provided. Treasurer's office abolished. Section 2. Upon the abolition of the office of county treasurer, as herein provided, the county treasurer then in office shall immediately deliver to the ordinary of Union 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. Ordinary substituted.

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Section 3. Upon the abolition of the office of county treasurer all county funds heretofore payable to the county treasurer shall be paid to the ordinary, and said ordinary shall, as and when received, immediately deposit such funds to the credit of Union County, Georgia, in some good and solvent bank or banks in the State of Georgia, as may furnish satisfactory security or bond. Upon the abolition of the office of county treasurer all county funds of Union County, except such as may be especially otherwise excepted by law, shall be disbursed by the ordinary in the manner herein provided. Section 4. Upon the abolition of the office of county treasurer it shall be the duty of the ordinary of Union County: Duties. (1) To diligently collect from all officers and others all sums due Union 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 provided. (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. (4) To make and render all financial statements and reports required by law of the county treasurer before consolidation. (5) To appear before the grand jury to render an account of his actings and doings as disbursing officer, and to exhibit his books and vouchers whenever notified. (6) To disburse according to law all funds which the county treasurer may have heretofore received, held, or disbursed.

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(7) 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. Section 5. Be it further enacted, that upon the abolition of the office of county treasurer, the ordinary shall pay all warrants drawn upon him by vouchers drawn against the funds deposited to the credit of Union 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 ordinary of Union County, Georgia. All vouchers, checks, and orders issued by said ordinary shall be signed by said ordinary and countersigned by the clerk of the ordinary of said county; and the banks as herein selected are authorized to pay all vouchers so signed. Section 6. The ordinary of Union County shall give a bond payable to the clerk of the superior court of Union County, in addition to the bond now required by law, in the same sum and amount as is now required of the county treasurer, in some surety company acceptable to the said clerk of the superior court, to protect the county from loss by reason of the handling of the funds of the county by said ordinary 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, and the clerk of the superior court of Union County is made the officer to represent said county in such proceedings. The cost of this bond shall be paid by Union County, Georgia. Bond. Section 7. Said ordinary 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 clerk of the

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superior court of Union County shall have the right to proceed against said ordinary and the security or securities on his bonds, in the same manner as the ordinary 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 ordinary of Union County herein, at the 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 ordinary. Liability. Section 8. Be it further enacted, that before any bank or banks shall receive any of the funds of Union County or be entitled to receive same, such bank or banks shall execute and deliver to the ordinary of Union County such bond or security as may be required, conditioned for the safekeeping, accounting for, and paying over, upon demand of the proper authorities, all monies and funds which may be deposited in said bank by said county. Said bond or bonds shall be in good and solvent surety companies doing business in this State. Upon failure of any bank or banks to furnish said bond or security, they shall not be entitled to have any of the county funds to be deposited with them, and the ordinary shall not make deposits with such banks until bond or securities are furnished him. Bank, bond of. Section 9. Be it further enacted by the General Assembly of Georgia, that the ordinary of the said County of Union shall perform all duties and render all services heretofore rendered and required of the county treasurer, and he shall not receive any compensation whatsoever for performing and rendering the additional services and duties imposed by said consolidation. No additional pay for ordinary. Section 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 March 2, 1933.

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WALKER COMMISSIONERS; ELECTION AS TO REPEAL. No. 302. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenue for the County of Walker, approved February 21, 1873; also to repeal an Act approved August 17, 1917, to abolish the above-mentioned Act and to create a Board of Commissioners of Roads and Revenue in and for the County of Walker of the State of Georgia, approved August 16, 1917; also to repeal an Act to amend Section 6 and 10 of an Act approved August 17, 1917, entitled an Act to abolish the Board of Roads and Revenue of the County of Walker, State of Georgia, approved August 15, 1921, also to repeal an Act to amend an Act to abolish the Board of Roads and Revenue of the County of Walker, State of Georgia; to create a Board of Commissioners of Roads and Revenue in and for the County of Walker, State of Georgia, approved August 8, 1922; also to repeal an Act to amend an Act to abolish the Board of Roads and Revenue, the County of Walker, State of Georgia, approved August 17, 1917, and all amendatory Acts thereto; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act creating a Board of Commissioners of Roads and Revenue for the County of Walker, of the State of Georgia, approved February 21, 1873, be and the same is hereby repealed. Repeal of Acts as to board. Section 2. Be it further enacted by the authority aforesaid, that the Act approved August 17, 1917, to abolish the Act of February 21, 1873, above mentioned, and to create a Board of Commissioners of Roads and Revenue in and for the County of Walker, of the State of Georgia, approved August 17, 1917, be and the same is hereby repealed.

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Section 3. Be it further enacted by the authority aforesaid, that an Act to amend Sections 6 and 10 of an Act approved August 17, 1917, entitled an Act to abolish the Board of Roads and Revenue of the County of Walker, State of Georgia, approved August 15, 1921, be and the same is hereby repealed. Section 4. Be it further enacted by the authority aforesaid, that an Act to amend an Act to abolish the Board of Roads and Revenue of the County of Walker, State of Georgia; create a Board of Commissioners of Roads and Revenue in and for the County of Walker, State of Georgia, approved August 8, 1922, be and the same is hereby repealed. Section 5. Be it further enacted by the authority aforesaid, that an Act to amend an Act to abolish the Board of Roads and Revenue of the County of Walker, State of Georgia, approved August 17, 1917, and all amendatory acts thereto, be and the same are hereby repealed. Section 6. Be it further enacted that this Act shall not go into effect until January 1, 1937, and then only after the same has been submitted to the qualified voters of Walker County, Georgia, at the general election at which members of the General Assembly are elected, and which general election shall be held in the year 1934. On the date of said election the ordinary of Walker County shall furnish said voters with ballot upon which shall be printed, For ratification of the Act abolishing the Board of Commissioners of Roads and Revenue of Walker County, Georgia, and for a sole Commissioner, and Against ratification of the Act abolishing the Board of Commissioners of Roads and Revenue of Walker County, Georgia, and against a sole Commissioner. Referendum Section 7. Be it further enacted by the authority aforesaid, that if a majority of those voting in said election vote for ratification, this Act shall take effect as of and on January

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1, 1937, and not otherwise; and if this Act is not ratified by a majority of those voting in said election, the same shall be of no further force or effect. The returns of said election, after the managers have consolidated the same, shall be made to the ordinary of said county, who shall declare the result of said election. Section 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 March 24, 1933. WALKER COMMISSIONER; REFERENDUM. No. 303. An Act to create the office of commissioner of roads and revenue for the County of Walker; to provide for his election and recall; to provide for the term of office of the commissioner; to define certain qualifications of said commissioner; to define the duties of such commissioner, and to provide for the proper supervision of his acts, and the auditing of the books and records kept by him in said capacity as are now kept in the office of the clerk of the board of commissioners of roads and revenue of Walker County, Georgia, or such other books and records as may be necessary to keep; to specify the compensation of such commissioner for his services, and how it shall be levied and paid; to provide for a bond for the acts of such commissioner; generally to provide for the management of the affairs of said county, and for the clerk of such commissioner; to provide for the selection of the first commissioner to qualify under the provisions of this Act, and thereafter his successor; and to provide for the repeal of all laws in conflict with this Act; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after December 31, 1936, the county affairs of Walker 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. Creation of office. Section 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 1936, and said commissioner to hold office for a term of four years, beginning January 1, 1937. Election, term of office. Section 3. Be it further enacted by the authority aforesaid, that in order to be eligible to hold office of said commissioner, one must have attained the age of 25 years, must have resided in said county for four years next preceding the term for which he is elected, must be of good moral character, and must have had some practical business experience, and at least a general knowledge of bookkeeping. Qualifications. Section 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 Walker County, Georgia; 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 received said majority, it shall be the duty of the ordinary of Walker County, Georgia, to provide for an election not later than twenty days after the aforesaid general State elections, for a special election to name a commissioner of roads and revenue. Election. Section 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 in said general election

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as outlined in Section 4; and after said special election has been held it shall be the duty of the ordinary of Walker County, Georgia, 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 receiving the highest number of votes cast shall be declared the commissioner of roads and revenue of Walker County, Georgia, and shall be so commissioned by the Governor of the State of Georgia. Section 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 Walker County and paid from the treasury or depository of said county, and such managers and clerks as the ordinary may employ to execute the duties of holding said election shall be paid $2.00 per diem as is fixed by law in holding general State elections. Expenses of election. Section 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 twenty-five thousand dollars, payable to the ordinary of said county and his successors in office, and conditioned for the faithful discharge by said commissioner of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of said ordinary, either on his own motion or by direction of the grand jury of said county; and the said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, 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.

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Section 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 Walker. Oath. Section 9. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall not exceed $3,000.00 per annum, to be paid monthly out of county depository or treasury. Said commissioner shall give his full time to the discharge of his duties as such. Salary. Section 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 to fill such vacancy however caused, as provided in this section, shall be those employed by law in other vacancies of county officers of said Walker County, Georgia, and shall provide with provisions in sections four and five of this Act, and the expense of the same paid out of the treasury of Walker County, Georgia, as provided in section 6 of this Act. Vacancy. Section 11. Be it further enacted by the authority aforesaid, that said commissioner shall have and 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

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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, collecting, or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement; and especially is he charged with frequently examining and auditing the books of the county 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 conditions 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 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

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is not otherwise provided for by law, such as superintendents and guards of convicts in the chain-gang, janitor of the court-house, county physician, and health officer, tax-assessor, county policemen, and other officers and guards as needed and authorized by law. All appointees of said commissioner shall be subject to suspension or dismissal at any time; and no appointee so suspended or dismissed shall be entitled to a salary or compensation during the suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Jurisdiction, powers. Section 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 to pay said county attorney not exceeding $300.00 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. County attorney. Section 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 upon the roads or works of said county, and all convicts of this State assigned to the County of Walker by the proper authorities of the State, and shall so employ them according to law and under such plans or 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. Convicts. Section 14. Be it further enacted by the 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

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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 incumbence in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Office day, outside work. Whole time required. Section 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 treasury or depository, for what purpose and on what fund. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department purchased and used. He shall also keep a cash-book in which he shall daily enter any cash item received by him, from whom received, and for what purpose received. He shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the chain-gang of the county, including supplies, equipment, and expenses thereof, and pay of warden, guards, and other employees of said chain-gang. He shall keep a book of inventory of all county property, including road machinery, live stock, chain-gang outfits, road-working tools, and of every other kind and class of property belonging to said county, together with a fair valuation of the same,

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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 Walker County, Georgia, who may be interested in same. Records. Section 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 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 Walker 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, 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 before me this day of Said statement shall be published in the official organ of the county, provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event $1.00 per hundred words. If the commissioner 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. Financial statement. Affidavit. Rebate, personal profit, etc. Publication of statement.

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Section 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 by 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. 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 articles to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through purchase of any equipment or supplies for the county or the awarding of 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 described 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 for in this Act. Prohibited employment of or contract with relative. Bids. Penalty. Section 18. Be it further enacted by the authority aforesaid, that no material for public roads, bridges, public buildings, or property 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

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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 material shall be strictly observed. Purchases. Section 19. Be it further enacted by the authority aforesaid, that all purchases of any class of property or material for the use and benefit of the said county, and any and all contracts made in behalf of said county, in which the obligation of the county for said purchases or under said contracts is in excess of $300.00, shall be upon written specifications as to character and quality of goods purchased and full specifications as to contract entered into, and be upon competitive bidding after due advertisement, with the right of the commissioner to reject any and all bids. Bids. Section 20. 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 contribution 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 shall correctly show how all of 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. Donations for roads, etc. Section 21. 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

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in view what will be to the greater good of the greatest number; and this policy shall be uniformly observed by said commissioner. Policy as to roads, bridges. Section 22. 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 departments. Section 23. 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 of said county. Town streets. Section 24. 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 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. Section 25. 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

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provided for, shall at all times be under the direction, supervision, and control of said commissioner, just as the public-road work of the county is now performed; provided, that in the event of a disagreement between the said municipal authorities and the said commissioner as to any matter pertaining to the said work herein provided for, the judgment or decision of the said commissioner shall be final and prevail in the premises. Section 26. 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, warrants, and all other records of said commissioner. Said accountant or bookkeeper shall have the power to examine upon oath said commissioner relative to any account, item, warrant, record, or transaction in connection with the commissioner's office. Said accountant or bookkeeper shall audit all books, accounts, vouchers, warrants, and other records for 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 report of their finding 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 such accountant or bookkeeper shall prescribe the amount to be paid them for their services. Audit. Section 27. Be it further enacted by the authority aforesaid, that it shall be the duty of the grand jury of said county to inquire into the official acts of said commissioner; and if any grand jury of Walker County, Georgia, shall find by a majority vote thereof that said commissioner has violated any of the terms of this act, or that he has been wasteful or inefficient, or has wrongfully or fraudulently

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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 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 of said county 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 the commissioner until a commissioner can be elected and qualified. Grand jury inquiry, etc. Vacating office. Election to fill vacancy. Discharge of duties by ordinary. Section 28. Be it further enacted by the authority aforesaid, that it shall be the duty of the ordinary of Walker County to act as clerk for said commissioner, keeping all records, books, and minutes of said commissioner's office and display them or public them, as may be directed by said commissioner, for the information of the general public; and said ordinary shall receive as compensation $600.00 per annum, payable monthly, at the end of each calendar month, which monthly payment would be fifty dollars. Ordinary to act as clerk. Compensation as clerk. Section 29. 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 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 portion of this Act shall be in force without regard to the section, provision, or clause or part which may be held to be invalid. Act not invalidated by void part. Section 30. Be it further enacted, that this Act shall not take effect and no person shall take office under the same

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until a majority of the voters of Walker County, Georgia, ratify an Act heretofore passed, entitled an Act to repeal an Act creating a Board of Commissioner of Roads and Revenue for the County of Walker, approved February 21, 1873; also to repeal an Act approved August 17, 1917, to abolish the above-mentioned Act and to create a Board of Commissioners of Roads and Revenue in and for the County of Walker, State of Georgia, approved August 17, 1917; also to repeal an Act to amend Sections 6 and 10 of an Act approved August 17, 1917, entitled an Act to abolish the Board of Roads and Revenue of the County of Walker, State of Georgia, approved August 15, 1921, also to repeal an Act to amend an Act to abolish the Board of Roads and Revenue of the County of Walker, State of Georgia; to create a Board of Commissioners of Roads and Revenue in and for the County of Walker, State of Georgia, approved August 8, 1922; also to repeal an Act to amend an Act to abolish the Board of Roads and Revenue, the County of Walker, State of Georgia, approved August 17, 1917, and all amendatory Acts thereto, and for other purposes. Referendum. Section 31. Be it further enacted by the authority aforesaid, that the ordinary of Walker County shall have this Act published in the official organ of said county once a week for two weeks, the last issue to be published at least thirty days before the general election in the year 1934, at which election the voters of said county are to pass on the act referred to in the preceding paragraph. Section 32. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933.

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WALKER TAX-COMMISSIONER; REFERENDUM. No. 361. An Act to abolish the office of tax-receiver and the office of tax-collector of Walker County, Georgia, and to create the office of county tax-commissioner of said county; to fix the term of office and to prescribe the duties, powers, and liabilities of the county tax-commissioner of Walker County, Georgia; to fix compensation of said county tax-commissioner and provide how the same shall be paid; to authorize the said county tax-commissioner to employ the necessary office force for the proper transaction of the business of the office; to provide for the payment to the treasurer of Walker County, Georgia, the fees and commissions now allowed by law to the tax-receiver and tax-collector of said county; to authorize the commissioner of roads and revenue of said county to levy and collect the necessary taxes with which to pay the salary and expenses of the office of county tax-commissioner; to provide for the election of said county tax-commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the office of tax-receiver and the office of tax-collector of Walker County, Georgia, are hereby consolidated and abolished, and the office of county tax-commissioner of and for Walker County, Georgia, is hereby established and created; that the terms of office of county tax-commissioner of and for Walker County, Georgia, shall be four years; that the rights, duties, and liabilities of said county tax-commissioner of and for Walker County, Georgia, shall be the same as the rights, duties and liabilities heretofore encumbered upon the tax-receiver of Walker County and the tax-collector of Walker County, and that the laws now of force as to tax-receivers and tax-collectors shall be of full force and effect as to the county tax-commissioner

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of and for Walker County, Georgia, as far as the same are applicable and in so far as the same are not herein expressly repealed; and said county tax-commissioner shall not be required to leave his office at the court-house in Walker County, Georgia, for the transaction of business of said office. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority aforesaid, that the taxes now due and payable, or which shall become due and payable prior to the date this Act shall go into effect, and all fi. fas. heretofore issued or which may be issued prior to the date this Act goes into effect, by the tax-collector of Walker County, Georgia, shall have full force and effect and shall be collectible as issued. Collection of taxes now due. Section 3. Be it further enacted by the authority aforesaid, that the county tax-commissioner of and for Walker County, Georgia, shall be allowed a sum not to be in excess of $1200.00 per annum for the employment of such assistants and clerks as will be necessary to transact, do, and perform the duties of the office, and that the compensation for the same shall be paid out of the funds of the treasurer of said Walker County, Georgia; that the fees and commissions heretofore allowed the tax-receiver and tax-collector of Walker County, Georgia, shall be paid to the commissioners of roads and revenue of Walker County, Georgia, to be accounted for by them as other county funds are accounted for, and all commissions, fees, compensations, and/or other charges heretofore paid by the State of Georgia to the tax-receiver or the tax-collector of Walker County, Georgia, for collecting any of its taxes, either special, ad valorem, occupation, and/or any other tax or license of any nature whatever, shall be charged and collected by said tax-commissioner of and for said Walker County, Georgia, and be paid by him to the commissioners of roads and revenue of said Walker County, Georgia, and all such funds shall be accounted for by him as other county funds. Clerical help, pay. Fees, commissions.

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Section 4. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenue of Walker County, Georgia, shall levy d collect the tax for maintenance of said office and of the office supplies, and pay the salary of said county tax-commissioner of and for said Walker County, Georgia, and that the commissioners of roads and revenue of said Walker County, Georgia, shall pay out of the general funds of the county the premium of any bond of bonds required of said county tax-commissioner of and for said Walker County, Georgia. Tax to maintain office, etc. Section 5. Be it further enacted by the authority aforesaid, that the commissioners of roads and revenue of Walker County, Georgia, be and they are hereby required to furnish and equip an office in the county court-house of Walker County, Georgia, for the use of said county tax-commissioner of and for Walker County, Georgia; and that the said county tax-commissioner be and he is hereby required to keep said office open every business day for the transaction of the business of his office. Office. Section 6. Be it further by the authority aforesaid, that the salary of said county tax-commissioner of Walker County, Georgia, be and the same is hereby fixed at $3,000.00 per annum, payable monthly out of the general funds of said Walker County, Georgia. Salary $3000. Section 7. Be it further enacted, that this Act shall not go into effect until January 1, 1937, and then only after the same has been submitted to qualified voters of Walker County, Georgia, at the general election at which members of the General Assembly are elected and which general election will be held in 1934. On the date of said election the ordinary of Walker County, Georgia, shall furnish said voters with ballots upon which shall be printed, For ratification of the Act abolishing the offices of Tax-Receiver and Tax-Collector and creating the office of County Tax-Commissioner, and Against ratification of the Act abolishing

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the offices of Tax-Receiver and Tax-Collector and creating the office of County Tax-Commissioner. Referendum. Section 8. Be it further enacted by the authority aforesaid, that if a majority of those voting in said election vote for ratification, this Act shall take effect as of and on January 1, 1937, and not otherwise; and the first county tax-commissioner of and for Walker County, Georgia, to take office under the provisions of this Act shall be elected as other county officers of Walker County, Georgia, are elected, at the general election for the election of such county officers in said Walker County, Georgia, to be held in and for said county in the year 1936. Act effective when. Election. Section 9. Be it enacted by the authority aforesaid, that all laws and/or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. WALTON SHERIFF'S BOND REDUCED. No. 58. An Act to fix the amount of the bond of the sheriff of Walton County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the bond to be given by the sheriff of Walton County, Georgia, to enable him to qualify shall not be less than five thousand dollars ($5,000.00), and not more than seven thousand five hundred ($7,500.00) dollars. Not more than five thousand dollar ($5,000.00) bond shall be required, unless the county has a city court. Amount of bond. Section 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933.

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WASHINGTON COMMISSIONERS; AMENDING ACT. No. 325. An Act to amend the Act creating the Board of County Commissioners of Washington County, approved August 20, 1913, and subsequently amended by Act of July 19, 1927, fixing compensation of county commissioners at six hundred dollars per annum, by abolishing the amendment of July 19, 1927, and reenacting the original provision that county commissioners shall receive one hundred fifty dollars per annum as compensation; to provide that county commissioners shall be elected and hold their term of office for a period of two years instead of a term of six years as at present time, as provided in said original Act; to provide that this provision shall not become effective until the end of the term of commissioners now in office under the terms of the original Act; to provide that at the end of the term of each road commissioner now serving in each district a successor to him shall be elected to succeed him for a term of two years; to provide that upon the expiration of the present term county road commissioner, under the original Act, from the first road district as provided in that Act, his successor shall be elected for a term of two years; to provide that a successor to the road commissioner from the third road district shall be elected for a term of two years after the remainder of the present term of said road commissioner under the original act, same being a remainder term of four years; to provide that a road commissioner shall be elected to succeed the road commissioner of the second road district after the present term of six years of that road commissioner shall have expired; to provide that each member of the board of roads and revenues of Washington County shall serve for the full time for which he was elected, at the compensation at which he is now serving, and then his term or his successors' term shall be

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two years at compensation of one hundred fifty dollars per annum; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved July 19, 1927, amending an Act approved August 20, 1913, creating a Board of Roads and Revenues of Washington County, and fixing compensation of members of board of roads and revenues of said county at six hundred dollars per annum, be and the same is hereby repealed, effective at end of terms of present commission. Repeal of Act of 1927. Section 2. Be it enacted by the General Assembly of Georgia, that section ten of the Act approved August 20, 1913, creating the board of roads and revenues of Washington County, is hereby re-enacted, to become effective at end of term of commissioners now serving as such, section ten hereby re-enacted providing, that each of the county commissioners serving under this Act shall receive as compensation for his services the sum of one hundred and fifty dollars per annum, payable monthly; and each commissioner before entering upon the performance of his duty 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. Pay and bond of commissioners. Section 3. Be it further enacted by the General Assembly, that each commissioner shall receive for his services the sum of six hundred dollars per annum until the end of his term as provided in Act approved July 19, 1927; and his successors in office shall receive the sum of one hundred fifty dollars per annum, as provided in the original Act creating the board of roads and revenues of Washington County, approved August 20, 1913. Pay of commissioners.

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Section 4. Be it further enacted by the General Assembly of Georgia, that the commissioner of roads and revenues of Washington County elected from the first road district under said original Act shall serve for the remainder of the term to which he was elected by the people, and his successor shall be elected for a term of two years instead of a term of six years as provided in the original Act; that the commissioner of roads and revenues of Washington County elected from the second road district under said original Act shall serve for the remainder of the term for which he was elected by the people, and his successor shall be elected for a term of two years instead of a term of six years as provided in said original Act creating said board; that the commissioner of roads and revenues now serving from the third road district of Washington County under said original Act shall serve the remainder of his term for which he was elected by the people, and his successor shall be elected for a term of two years instead of a term of six years as provided in said original Act creating said board of roads and revenues of said county. Terms of office. Section 5. Be it enacted by the General Assembly of the State of Georgia, that section four of the Act creating the board of roads and revenues of Washington County, approved August 20, 1913, be amended as follows, by striking the following words: that the commissioners so elected shall be elected for a term of six years or until their successors are elected and qualified, and inserting in said section in the place where said words occur the following language: that the commissioners so elected shall be elected for a term of two years or until their successors are elected and qualified; that said section shall remain in all other respects the same; that the time and place and manner of election shall remain the same as in the original Act. Section 6. Be it further enacted by the General Assembly of Georgia, that the original Act creating the Board of Roads and Revenues of Washington County, Georgia,

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approved August 20, 1913, be amended by adding a new section to be known as section 10(a), which shall read as follows: The term of county commissioners of roads and revenues after expiration of those now serving shall have expired shall be a term of two years instead of six, and successors to present commissioners shall be elected for a term of two years. Section 7. Be it further enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. WASHINGTON COUNTY COUNCIL ESTABLISHED. No. 96. An Act establish a county council for Washington County, Georgia; to provide for councilmanic districts; to provide compensation for members; to fix qualifications for members; to provide for filling vacancies, to fix oaths for councilmen, and to provide for meetings; to provide for clerk for county council; to provide for a sheriff or deputy sheriff to be present and serve orders and notices; to fix a quorum; to provide for expelling members for cause; to provide that no member of county council shall have and interest in any contract or bid on any contract in which the county is interested; to provide for fixing of county-wide tax rate by county council where no limitation is fixed by statue; to provide for receiving by county council of estimates of officers for budgets and expenses; to provide for specifications of estimates by officers; to provide for reversion of unexpended funds; to prohibit contracts by counties with officers; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that there is hereby created i Washington County, Georgia, a body to be known as the county council, and styled the Washington County Council. County council. Section 2. Be it further enacted by authority aforesaid, that the county council shall consist of two councilmen from each road district as at present constituted, according to Act creating Board of Commissioners of Roads and Revenues of Washington County, Georgia, and one councilman from the County of Washington at large. Membership of council. Section 3. Be it further enacted by the authority aforesaid, that each councilman shall be entitled to receive the sum of ten dollars per annum for his services. Per diem. Section 4. Be it further enacted by the authority aforesaid, that no person shall hold the office of councilman in such council while holding any state, county or municipal office, or who is not a qualified voter and resident freeholder of the county, or, in case other than councilman at large, who is not a qualified voter and resident freeholder of the district from which he was elected or appointed. If any person shall be or become ineligible under the provisions of this section, it shall operate immediately to vacate his office as such councilman. Qualifications. Section 5. Be it further enacted, that after the passage and approval of this Act the first grand jury convening in Washington County shall elect seven councilmen from the districts and with the qualifications provided in this Act, and said councilmen so elected shall serve for the remainder of the year 1933 and for the year 1934. Thereafter, at the next general election for State-house officers for State of Georgia to be held in 1934, seven councilmen shall be elected from the districts as provided herein, who shall begin their service on January 1st, 1935, and biennially thereafter there shall be elected seven councilmen to serve

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for a term of two years and until their respective successors are elected and qualified. Election. Section 6. Be it further enacted by the authority aforesaid, that each councilman elected or appointed shall, before entering upon his duties, take and subscribe, before some officer authorized by administer oaths, an oath to the effect that he will support the Constitution of the United States and of the State of Georgia, and that he will faithfully and impartially perform all the duties of his office to the best of his skill and ability. Oath. Section 7. Be it further enacted by authority aforesaid, that the meetings of Washington County Council shall be at Sandersville at the court-house on the first Monday in January and August of each year. Called meetings may be held at any time it is deemed proper upon call of the chairman of the council. After election or appointment, the members of said council shall meet within thirty days from date on their commission and term of office beginning, and elect one of their number as chairman. Meetings. Section 8. Be it further enacted by authority aforesaid, that the council when in session may adjourn from day to day as the business before it may require, prescribe its own rules, but all its sessions shall be public. Public sessions. Section 9. Be it further enacted, that said council shall elect one of its members as clerk, and he shall hold office for the year or such part of the year as he may remain a councilman. A secretary shall be elected annually by the council. Clerk. Secretary. Section 10. Be it further enacted by authority aforesaid, that the sheriff of the county by himself or deputy shall attend the sessions of the council and execute its orders. Attendance by sheriff or deputy. Section 11. Be it further enacted by the authority aforesaid, that a majority of the councilmen shall constitute a quorum. Quorum.

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Section 12. Be it further enacted by the authority aforesaid, that two thirds of the members shall have a right to expel any member for violation of official duties, and declare the seat of any councilman vacant. Expulsion of councilman. Section 13. Be it further enacted by the authority aforesaid, that no councilman while holding such office shall make any contract with Washington County, nor shall any councilman be eligible to make any bid on any work or sell or attempt to sell to said county anything while he holds such office. Prohibited contract, bid, or sale. Section 14. Be it further enacted by the authority aforesaid, that no county tax shall be levied by the county commissioners without the recommendation of Washington County Council, except where such tax rate is fixed by statutory limitation; provided, this section shall not affect any tax fixed by statue and limited by statue. Tax levy. Section 15. Be it further enacted by the authority aforesaid, that ten days before the first Monday in January of each year each county officer of Washington County and each and every board or committee and each board of roads and revenues of said county shall submit to the Washington County Council an estimate, itemized with as great particularity as possible, of the amount of money required for his office for the ensuing year; and the board of county commissioners shall submit to said body an itemized estimate of all money to be drawn by the members of said board for all purposes, and all expenditures to be made by the board, or pursuant to its order, during the year for any and all purposes To each of such estimates there shall be appended a certificate verified by the oath of the officer preparing the same, to the effect that in his opinion the amount fixed in each item will be required for the purpose indicated thereby; provided, however, that nothing contained in this section shall be construed to modify or change any fixed and definite charge now regulated by statute of

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a general nature, and which is a fixed amount required to be expended by any county officer. Estimates. Section 16. Be it further enacted by the authority aforesaid, that the itemized estimate of county board of roads and revenues shall include these heads: First: As to cost of each building maintained in whole or in part by the funds of the county, such as court-houses, county poor farm and houses, jails, chain-gangs, storage warehouses; the amount required for construction of new buildings; the amount required to repir old buildings; the amount of supplies for each institution; the amount required by agents, officers, or employees of the county for maintenance and salaries. Second: The cost of building bridges, giving location and cost of each bridge. Third: The amount required for repairing bridges, and location of each bridge to be repaired. Fourth: The expenses of commissioners' court. Fifth: Expenses of board of health. Sixth: Amount of repair work on gravel roads, naming each road and amount required to repair it. Seventh: Amounts required for conducting elections. Eighth: Amount required to pay loans and interest thereon, specifying the loans. Ninth: Amounts required to pay judgments, costs of suits, etc. Tenth: Amounts required to pay employees where they are paid out of county treasury. Eleventh: All other items and expenditures to be paid out by the board of county commissioners.

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Section 17. Be it further enacted by authority aforesaid, that upon receipt of such estimates Washington County Council shall meet, consider same, and recommend to baord of roads and revenues a rate of taxation to be levied in all cases where the rate is not fixed by general statute of this State. Tax rate. Section 18. Be it further enacted, that upon making up of said rate and fixing of a budget, the same shall constitute the only legal charges against Washington County, unless altered as hereinafter provided. Budget. Section 19. Be it further enacted by the authority aforesaid, that in case of emergency or unexpected expenditures, or the necessity for unusual expenditures, the Washington County Council shall meet upon call of chairman, and make such recommendation as it may deem proper to county board of roads and revenues and same shall become a binding charge against said county. Emergency. Section 20. Be it further enacted, that ten days prior to the first Monday in August, or earlier, each county officer and county board of roads and revenues shall submit its expenditures under budget made in January and tax levied, and shall show what percentage of money so levied has been expended to Washington County Council. Reports of county officers. Section 21. Be it further enacted by authority aforesaid, that the Washington County Council shall, at the March term of superior court of Washington County, submit the estimates of the officers of the county made to such council, and also the said council's recommendation as to budget and tax rate submitted and made by it to board of roads and revenues of Washington County to the grand jury of Washington County; that at the September term of superior court said council shall submit to the grand jury the report made by said officers of the county to the council. Section 22. Be it further enacted by authority aforesaid, that all money remaining in treasury to credit of account

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on any officer under the budget made at end of year shall revert to the general fund and be subject to being used for any purpose. Unexpended money to credit of officer. Section 23. Be it further enacted by the authority aforesaid, that in case there should come a time when the members of the Washington County Council fail and refuse to perform their duties under this act, or for any other reason this act becomes inoperative, in such an event all duties and obligations hereunder shall devolve upon the board of roads and revenues, and their action shall become binding without recommendation of county council. Failure to perform duties. Section 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 March 2, 1933. WASHINGTON SOLICITOR AS COUNTY ATTORNEY. No. 156. An Act to provide that the solicitor of the city court of Sandersville, Washington County, Georgia, shall be exofficio county attorney for the County of Washington; to prescribe his duties as such; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the approval of this Act the solicitor of the city court of Sandersville, Washington County, shall be, by virtue of his office as such solicitor, the county attorney for the County of Washington. City-court solicitor, ex-officio county attorney. Section 2. Be it further enacted by the authority aforesaid, that as such county attorney it shall be his duty to represent the county in all litigation in which the county may be

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a party, and to advise the corporate authorities of said county upon in matters of law when called upon by them, and to do and perform all other services of a legal nature as may be prescribed by the board of roads and revenues of said county. Duties. Section 3. Be it further enacted by the authority aforesaid, that for the services herein required he shall receive no other compensation than such as is paid or may be paid as solicitor of the city court of Sandersville. No additional pay. Section 4. 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 March 10, 1933. WASHINGTON TAX-COMMISSIONER. No. 157. An Act to abolish the offices of tax-receiver and tax-collector, and to create in lieu of the same, the office of county tax-commissioner of Washington County, Georgia, to fix the term of office of county tax-commissioner; to fix the compensation of the county tax-commissioner; to provide that the laws as to tax-receiver and tax-collector shall be of full force and effect as to county tax-commissioner as 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; to provide that all fees, commissions, and other compensation of the tax-receiver and tax-collector shall be paid into the depository of Washington County, Georgia, to provide for the election of county tax-commissioner of Washington County, Georgia, and the method of filling vacancies, to provide for putting into effect in Washington County, Georgia, the Constitution of this State as contained in article

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eleven, section three, paragraph one, to provide that each and all the provisions herein contained relative to county tax-commissioner shall become effective January 1st, 1937, to provide for holding a general election in fall of 1936 to carry out the provisions of this 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 upon the expiration of the present terms of present tax-receiver and present tax-collector, in and for the County of Washington, said officers shall be and they are hereby abolished. Tax-commissioner in lieu of receiver and collector. Section 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner of Washington County, Georgia, is hereby created in lieu of said offices, and that the rights, duties, and liabilities of said office of tax-commissioner of Washington County, Georgia, shall be the same as the rights, duties and liabilities of tax-receiver and tax-collector of said county, and that all laws applicable to said offices shall be applicable to the tax-commissioner, so far as the same can apply. Section 3. Be it further enacted by the authority aforesaid, that said tax-commissioner shall have an office in the court-house, which said office he shall keep open, and be ready to attend to his duties from 9 o'clock a. m. until 5 o'clock p. m. eastern standard time, each and every day except on Sunday and legal holidays. Office, hours. Section 4. Be it further enacted by the authority aforesaid, that all taxes now due and payable, and all tax fi. fas. heretofore issued by tax-collector of Washington County, Georgia, shall have full force and effect, and be collectible as issued. Collection of taxes now due. Section 5. Be it further enacted by the authority aforesaid, that all fees, commissions, and other compensation

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now allowed to the tax-receiver and tax-collector of Washington County, Georgia, from both State and county, and special taxes of any and all nature, shall be collected by the tax-commissioner and paid into the county depository of said county, same meaning the county treasury in whatever way the finances may be legally handled; and the same shall be accounted for by the fiscal agents of said county, whether it be the board of roads and revenues or some other officer or agent, the same as he or they account 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 by him into the legal depository and treasury of Washington County, Georgia. Fees, etc., to go to treasury. Section 6. Be it further enacted by the authority aforesaid, that the term of office of said tax-commissioner of Washington County shall be four years, and the first election of county tax-commissioner of Washington County shall be held at the same time and place as other county officers are now elected at the general election for county officers in the year 1936, and quadrenially thereafter, and the person so elected shall enter upon the duties of the office hereby created on January 1st, 1937. If a vacancy should occur, the office shall be filled in the same manner as vacancies are now filled in the office of tax-collector. Term of office. Election. Section 7. Be it further enacted by the authority aforesaid, that the compensation of county tax-commissioner of Washington County, Georgia, shall be two thousand ($2,000) dollars per annum, payable monthly out of the general funds of the county, and the county commissioners of said county are required to furnish said tax-commissioner a suitable office, equipment, and stationary. Salary $2000. Section 8. Be it further enacted by 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 county tax-receiver and county tax-collector, and

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shall give bond the amount of said bond to be fixed by the commissioners of roads and revenues of said county, the amount of said bond and the acceptance of it to be agreed to by the county commissioners of Washington County, Georgia. The cost of said bond is to be paid by the county commissioners out of general funds of said county. The purpose of this Act is to put into effect in Washington County, Georgia, the Constitution of this State as contained in article two, section three, and paragraph one. Oath. Bond. Section 9. Be it further enacted by the authority aforesaid, that if any part of this Act is held 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. Section 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 March 10, 1933. WEBSTER COMMISSIONER; AMENDING ACT. No. 115. An Act to amend an Act approved August 28th, 1931, entitled an Act to create the office of Commissioner of Roads and Revenue of the County of Webster; to provide for his election and his recall; to provide 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 may be kept in the office of said commissioner; to specify the compensation of such commissioner; and how it may be changed, and how it may be levied and paid; and generally to provide for the management of

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all of the affairs of said county, and for clerk for said commissioner; and for other purposes, so as to include in the caption of said Act a provision for a county attorney, and to provide in the body of said Act a provision for a clerk and fix the salary of the same, and to make more certain the provisions for compensation for said commissioner. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the caption to the Act approved August 28th, 1931, which is set out in full in the caption to this Act, be amended by adding immediately preceding the last clause of said caption these words: and to provide for a county attorney. Said caption as amended to read as follows: An Act to create the office of Commissioner of Roads and Revenue of the County of Webster; to provide for his election and 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 auditing of his books and such records as may be kept in the office of said commissioner; to specify the compensation of such commissioner, and how it may be changed, and how it may be levied and paid; and generally to provide for the management of all of the affairs of said county, and for clerk of said commissioner, and to provide for a county attorney; and for other purposes. County attorney. Section 2. Be it further enacted by the authority aforesaid, that Section 9 of said Act as approved August 28th, 1931, be amended by adding to said section these words: said salary so fixed shall include all expenses incurred by said commissioner in connection with his supervision of the works and affairs of the county; it being expressly provided that he shall not maintain or operate a car at the expense of the county; however, said commissioner may, if he deems best, employ a clerk or bookkeeper at not more than one

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hundred dollars ($100.00) per annum, to be paid monthly out of any funds available for the purpose; said section when amended to read as follows: Section 9. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be $1200.00 per annum, to be paid at the rate of $100.00 per month at the end of each calendar month; however the grand juries which may see fit to do so can in their wisdom increase the salary of said commissioner to as high as $1500.00 per annum, provided two successive grand juries shall concur in said increase; otherwise it shall remain as herein provided, $1200.00 per annum; said salary so fixed shall include all expenses incurred by said commissioner in connection with his supervision of the works and affairs of the county, it being expressly provided that he shall not maintain or operate a car at the expense of the county; however, said commissioner may if he deems best, employ a clerk or bookkeeper at not more than $100.00 per annum, to be paid monthly out of any funds available for the purpose. Clerk, salary. Section 3. Be it further enacted by authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1933. WHEELER SHERIFF'S BOND REDUCED. No. 188. An Act to reduce the bond of the sheriff of Wheeler County, Georgia, from the amount of $10,000.00 to $5,000.00; 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 sheriff of Wheeler County, Georgia, shall be required to give bond in the sum of $5,000.00, instead

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of $10,000.00 as provided by the general law as laid down in Code section 4906; and it is the purpose of this Act to reduce the amount of said sheriff' bond from $10,000.00 to $5,000.00. Amount of bond. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Section 3. Be it further enacted and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1933. WHEELER SHERIFF'S BOND REDUCED. No. 263. An Act to reduce the bond of the sheriff of Wheeler County, Georgia, from the amount of $10,000.00 to $5,000.00; 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 sheriff of Wheeler County, Georgia, shall be required to give bond in the sum of $5,000.00, instead of $10,000.00 as provided by the general law as laid down in Code section 4906; and it is the purpose of this Act to reduce the amount of said sheriff's bond from $10,000.00 to $5,000.00. Duplicate of Act next above. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Section 3. Be it further enacted and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1933.

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WHEELER TREASURER'S BOND REDUCED. No. 274. An Act to amend an Act entitled an Act to create the offices of tax-collector, tax-receiver, and county treasurer of the County of Wheeler, State of Georgia; to provide for their election, and fix the time for their terms of office; to define their duties and provide for their compensation; and for other purposes, approved July 19, 1927 (Ga. Laws 1927, page 731-7). Section 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by the authority of the same, that the Act entitled an Act to create the offices of tax-collector, tax-receiver, and county treasurer of the County of Wheeler, State of Georgia; to provide for their election, and fix the time for their terms of office; to define their duties and provide for their compensation; and for other purposes, approved July 19, 1927 (Ga. Laws 1927, page 731-7), is hereby amended as follows: By striking the first sentence in Section 10, said sentence reading as follows: Be it further enacted by authority of aforesaid, that said county treasurer, before entering upon duties of said office, must take and subscribe the oath of office now prescribed by law for county treasurer 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) dollars, and the premiums on said bond shall be paid by the commissioner of roads and revenues of said county. And substituting in lieu of the above sentence the following: Section 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

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the penal sum of twenty-five thousand ($25,000.00) dollars; and the premiums on said bond shall be paid by the commissioner of roads and revenue of said county. Amount of bond. Section 2. Be it further enacted by the authority aforesaid, that the provisions of this Act shall become effective immediately upon its passage and approval by the Governor. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. WHEELER TREASURER'S BOND REDUCED. No. 364. An Act to amend an Act entitled an Act to create the offices of tax-collector, tax-receiver, and county treasurer of the County of Wheeler, State of Georgia; to provide for their election, and fix the time for their terms of office; to define their duties and provide for their compensation; and for other purposes, approved July 19, 1927 (Georgia Laws 1927, page 731-7). Section 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by the authority of the same, that the Act entitled an Act to create the offices of tax-collector, tax-receiver, and county treasurer of the County of Wheeler, State of Georgia; to prvoide for their election, and fix the time for their terms of office; to define their duties and provide for their compensation; and for other purposes, approved July 19, 1927 (Georgia Laws 1927, pages 731-7), is hereby amended as follows: By striking the first sentence in Section 10, said sentence reading as follows: Be it further enacted by authority aforesaid, that said county treasurer, before entering upon

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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. And substituting in lieu of the above sentence the following: Section 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 twenty-five thousand ($25,000.00) dollars; and the premiums on said bond shall be paid by the commissioner of roads and revenues of said county. Duplicate of Act next above. Section 2. Be it further enacted by the authority aforesaid, that the provisions of this Act shall become effective immediately upon its passage and approval by the Governor. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. WHITE BOARD OF COMMISSIONERS ABOLISHED. No. 181. An Act to repeal An Act to create a Board of Commissioners of Roads and Revenues of White County; to prescribe their duties; and for other purposes, approved August the 15th, 1919, and the Acts amendatory thereof. Acts of the General Assembly 1929, pages 757 to 763.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the above-entitled Act to create a board of commissioners of roads and revenues of White County, prescribing their powers and duties; and for other purposes, approved August the 15th, 1929, and the Act or Acts amendatory thereof, be and the same are hereby repealed. Abolition of board. Section 2. Be it further enacted, that this Act shall go into effect upon its passage and approval by the Governor. Section 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 March 15, 1933. WHITE BOARD OF COMMISSIONERS CREATED. No. 183. An Act to create a Board of County Commissioners of Roads and Revenues for the County of White; to provide for the election and creation of said board; to provide and name the duties thereof; to provide for the election of their successors; to provide for the terms of office; to designate one of its members as chairman, one of its members as clerk, and one of its members as road supervisor; to provide for compensation of said board; to provide for the election of an attorney for said board, provided said board should need an attorney, and for his compensation, and how paid; to provide for filling vacancies on said board; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be a board of commissioners of roads

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and revenues for the County of White in the State of Georgia, to consist of three members who shall be resident citizens of said County of White and who are qualified voters, to be elected by the qualified voters of said County of White at the general election to be held in November, 1934, for the full term of two years, beginning January the first, 1935. Election, term. Section 2. Be it further enacted, that a quorum of said board shall consist of not less than two members, save only where as many as two members are out of county or otherwise disqualified; then and in that event the one commissioner who is at the time in said county and is not disqualified to perform the duties of said Board, this only in cases of emergency and so long as such condition shall exist. Quorum. Section 3. Be it further enacted, that when a vacancy by death, resignation, or otherwise shall occur on said board, that fact shall be certified to the judge of the superior court by the other member or members of said board, and such judge of the superior court of White County shall fill said vacancy by appointment, and the person or persons who are appointed shall hold office until the next general election thereafter, when said vacancy or vacancies shall be filled by the qualified voters of said County of White, and the person or persons so elected shall hold for the unexpired term or terms of the office of the member or members dying or resigning, as herein provided. Vacancy. Section 4. Be it further enacted, that the compensation of said commissioners of roads and revenues shall be two ($2.00) dollars per day, as appears further on in this Act. Per diem. Section 5. Be it further enacted, that one of the members of said board shall act as clerk of said board, whose duty it shall be to keep all records that are necessary to be kept, and properly record all proceedings of said board in well-bound books to be provided by said board, and carry on all correspondence necessary to be carried on, and that

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he shall draw his salary for all overtime that may be required to write up minutes and carry on the necessary correspondence and do all clerical work that may be necessary to be done. Clerk. Section 6. Be it further enacted, that one of the members of said board is to have general supervision of all road construction or road building or repairing of roads in the county; provided however, that such member, before making any repairs or building roads, such repairs and building of roads shall be approved and authorized by the board in regular or call meeting, and that he shall receive in addition to his salary the compensation for all days he may be engaged in looking after, repairing, and building roads, shall be fixed by the board of commissioners of roads and revenues. Member to supervise road work. Pay. Section 7. Be it further enacted, that one of the members of said board shall be designated as chairman, and it shall be his duty to attend all meetings of said board and preside at such meetings and approve the acts of said board, and, if it becomes necessary for him in the discharge of his duty to put in extra time, that he shall receive the same compensation as in attendance at regular meetings; and it is further provided that said chairman shall have general supervision over county and county matters. Chairman. Pay. Section 8. Be it further enacted, that C. H. Edwards be and he is hereby named in this Act as chairman, and that James F. Glover is hereby named in this Act as clerk of said board, and that W. B. Robertson is hereby named as road supervisor, and each of them to serve until their successors are elected and qualified. Officers named. Section 9. Be it further enacted, that in the election of successors to the members named herein candidates for these places shall announce for which place he is a candidate, whether chairman, clerk, or road supervisor. Election of successors.

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Section 10. Be it further enacted, that said board shall have power and they are hereby authorized, if in their opinion it will be to the best interest of the county, to employ a civil engineer or engineers to lay out roads and change roads when they may deem it proper, such engineer to be paid such compensation as may be agreed upon by the board out of the road funds of the county. Engineer. Section 11. Be it further enacted, that said board of commissioners shall have, under the laws of this State and this Act, exclusive jurisdiction in White County over the following matters: Jurisdiction, duties. 1. In managing and controlling the county property of whatever kind and description. 2. In levying a general tax and a specific tax or special tax for county purposes, and all road tax and all taxes that may and can constitutionally be levied. 3. In establishing, changing, and abolishing roads and bridges, ferries, and opening private ways and removing obstructions from private ways as is provided by law, and establishing and changing election precincts. 4. In examining and auditing all accounts of officers having the care, collection, or disbursement of any monies of the county, and bringing them to a settlement with the county; and to this end they are clothed with power to issue executions in favor of the county against such officer who fails, refuses, or neglects to settle with the county. 5. To employ competent auditors to audit any and all books of any and all the officers of said County of White, when in their judgment the same is necessary to be done, and to pay for same out of any funds belonging to the county that may be available. 6. In examining and auditing and allowing and settling all claims of all kinds against the county.

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7. In establishing a chain-gang in said County of White; in leasing or otherwise disposing of the county chain-gang or other misdemeanor or felony convicts of the county as may be conferred upon said board by law. 8. In providing for the support of the poor of the county, and in the promotion of health and its preservation. 9. In regulating peddling in the county and fixing the license therefor. Section 12. Be it further enacted, that any member of said board of roads and revenues shall have power to administer and attest oaths in any manner appertaining to county business. Section 13. Be it further enacted, that said commissioners of roads and revenues shall also be authorized to purchase real and personal property to be used for county purposes, or when sold for taxes or other debts in which the county may be interested; and they may sell and convey property so purchased, when in their judgment the interest of the county demands it. Section 14. Be it further enacted, that said board shall hold regular monthly meetings on the first Monday in each month at the court-house, and a majority of the members shall attend said meetings save for unavoidable causes; provided, call meetings may be held at any time when the business of the board requires it and when it is necessary. Section 15. Be it further enacted, that no money shall be paid out or used except by the authority of said board of commissioners of roads and revenues. Section 16. Be it further enacted, that the member of said board acting as a clerk shall make out a complete statement of all the acts and proceedings of said board and submit the same to the grand jury of each term of the superior court, and that all records pertaining to the office of commissioners

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of roads and revenues shall be open always to the inspection of the citizens of said County of White or other persons interested. Clerk, statement, records. Section 17. Be it further enacted, that the grand jury at each term of the court shall have authority to investigate all the records kept by said board when they deem it necessary, and it shall be the duty of said board of commissioners of roads and revenues to submit to said grand jury all such records when demanded. Grand jury investigation. Section 18. Be it further enacted, that said board shall be known and styled the Board of Commissioners of Roads and Revenues, and they may have and use a seal of office. Title of board; seal. Section 19. Be it further enacted, that each member of said board shall be required to give either a personal or surety bond payable to the Governor of this State and his successors in office, in the sum of one thousand dollars; said bond to be attested by the clerk of the superior court of White County, Georgia; said bond conditional upon the faithful discharge of their duties as such board members, and to be filed in the office of the clerk of the superior court of White County, Georgia. Bond of member. Section 20. Be it further enacted, that if a surety bond is given, the premium on said bond shall be paid out of county funds. Premium on bond. Section 21. Be it further enacted, that before entering upon the duties of their respective offices each member of said board shall take and subscribe the usual oath that is taken by county officers. Oath of member. Section 22. Be it further enacted, that said board is hereby authorized to employ an attorney at law of said county, to be known as county attorney; and it shall be his duty to represent the county in all matters of controversy in which the county is interested and to be legal advisor to said board, and he shall receive such compensation for his

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services as may be agreed upon by and between him and said board. Attorney for county; duties, pay. Section 23. Be it further enacted, that the appointments of the persons named in this Act shall be known to the Governor of this State, and it shall be his duty to commission them and each of them for their respective terms mentioned in this Act, as other county officers are commissioned. Commission. Section 24. Be it further enacted, that the grand jury shall have the right to change the per diem of said board whenever they deem it necessary. Per diem. Section 25. Be it further enacted, that it shall be the duty of the clerk of the superior court of White County to certify to the Governor of this State the election of any commissioners or commissioner under this Act, and it shall be his duty to issue to them commissions for their respective terms, as other county officers are commissioned. Notice to Governor; commissions. Section 26. Be it further enacted, that this Act shall go into effect and become law immediately after its passage and is approved and signed by the Governor. Section 27. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1933. WHITE TREASURER'S BOND; AMENDING ACT. No. 227. An Act to amend an Act entitled an Act to create the office of county treasurer of White County, Georgia; to define and prescribe the powers, duties, and responsibilities of said county treasurer; to fix the salary of said treasurer; to provide for said treasurer's bond, to

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provide how the premiums on said bond shall be paid; to provide for a county treasurer until the next general election; and for other purposes, approved August 14th, 1931. Be it enacted by the General Assembly of the State of Georgia, that section five of the above-entitled Act be stricken and by substituting a new section in lieu of section 5 to be known as section five, which section when amended shall read follows: Section 5. Be it enacted by the authority aforesaid, that said county treasurer shall give bond in some surety or bonding company, or bond with good approved personal security, in such sum as the county authorities having charge of the county fiscal matters shall set. Should said bond be signed by some surety company or bonding company as security, the premiums on said bond to be paid out of the funds of the county, and not to be charged to said county treasurer. In the event that said county treasurer should furnish satisfactory and approved personal security, then and in that event the said county treasurer shall receive, as a supplement to his salary, such an amount as would have to be paid by the county as premium on a surety bond. Bond of treasurer. Approved March 23, 1933. WILCOX BOARD OF COMMISSIONERS ABOLISHED. No. 108. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members; to define their qualifications, powers, and duties and to provide for their compensation; to prescribe their terms of office, the manner of their election and the manner in

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which vacancies shall be filled, to prescribe the manner in which the public roads in said county shall be graded and worked; to provide how county funds for road purposes shall be distributed among the said militia districts; to provide for a superintendent of roads and bridges of said county; to define his qualifications, powers, and duties, and provide for his compensation; to provide for competitive bids in the purchase of supplies for said county, in making contracts for work, and to provide a penalty for failure to comply therewith; to provide for a clerk for said board, prescribe his powers and duties, and provide for his compensation; to provide when this Act shall become effective; and for other purposes, approved August 17, 1925 (Acts 1925, page 807). Section 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 to create a Board of Commissioners of Roads and Revenues for Wilcox County, consisting of five members; to define their qualifications, powers, and duties and to provide for their compensation; to prescribe their terms of office, the manner of their election and the manner in which vacancies shall be filled, to prescribe the manner in which the public roads in said county shall be graded and worked; to provide how county funds for road purposes shall be distributed among the said militia districts; to provide for a Superintendent of roads and bridges of said county; to define his qualifications, powers, and duties, and provide for his compensation; to provide for competitive bids in the purchase of supplies for said county, in making contracts for work, and to provide a penalty for failure to comply therewith; to provide for a clerk for said board; prescribe his powers and duties and provide for his compensation; to provide when this Act shall become effective; and for other purposes, approved August 17, 1925 (Acts of 1925, page 807), be and the same are hereby repealed. Abolition of board

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Section 2. Be it further enacted, that this Act shall not go into effect until the bill entitled an Act to create a Board of Commissioners of Roads and Revenues of Wilcox County shall pass the 1933 session of the General Assembly of Georgia, be approved by the Governor, and become operative. Section 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 March 2, 1933. WILCOX BOARD OF COMMISSIONERS CREATED. No. 349. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members; to define their qualifications, powers, and duties and to provide for their compensation; to prescribe their terms of office, the manner of their appointment and election, and the manner in which vacancies shall be filled; to provide for the appointment and election of a chairman of said board of commissioners, and to prescribe his duties and powers and provide for his compensation; to provide for the establishment of five commissioner's districts in said county; to provide for a clerk of said board, county attorney, county physician, warden, and other employees of said county, to prescribe their powers and duties and for their compensation; to provide when this Act shall become effective; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues of Wilcox County is hereby created, and to consist

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of five members. Said commissioners shall be qualified voters of said county, and shall be bona fide residents of the commissioner's district from which they are elected as hereinafter provided. New board. Qualifications. Section 2. Be it further enacted by the authority aforesaid, that Wilcox County shall be divided into five commissioner's districts, and each district shall be entitled to one commissioner, said districts to be constituted as follows, to wit: Commissioners' districts. First commissioner's district shall be composed of the 1158th militia district, known as the Abbeville district, and the 1177th militia district, known as the Ryals Mill district, of said county. Second commissioner's district shall be composed of the 1442nd militia district, known as the Rochelle district, and the 1546th militia district, known as the Davis Mill district, and the 1667th militia district, known as the Pleasant Grove district, of said county. Third commissioner's district shall be composed of 1598th militia district, known as the Pitts district, and the 1103rd militia district, known as the Seville district, and the 1752nd militia district, known as the Double Run district, of said county. Fourth commissioner's district shall be composed of 1630th militia district, known as the Pineview district, and the 1321st militia district, known as the Maple Branch district, and the 1708th militia district, known as the Pope City district, of said county. Fifth commissioner's district shall be composed of the 1561st militia district, known as the Sibbee district, and the 433rd militia district, known as the Forrest Glenn district, of said county.

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Section 3. Be it further enacted by the authority aforesaid, that said board of commissioners of roads and revenues shall be composed of the following persons, to wit: Commissioners named. First Commissioner's District, S. F. Reid. Second Commissioner's District, W. Z. Peebles. Third Commissioner's District, Smith Faircloth. Fourth Commissioner's District, L. J. Morgan. Fifth Commissioner's District, M. B. Wilcox. That L. J. Morgan, of the fourth commissioner's district, and Smith Faircloth, of the third commissioner's district, two of the above-named and appointed commissioners, shall hold their respective offices for said districts, and as members of the board of commissioners of roads and revenues of Wilcox County, from the date that this Act becomes effective, until December 31, 1934, and until their successors have been duly elected and qualified as hereinafter provided. That S. F. Reid, of the first commissioner's district and W. Z. Peebles, of the second commissioner's district, and M. B. Wilcox, of the fifth commissioner's district, three of the above-named and appointed commissioners, shall hold their respective offices for said districts, and as members of the board of commissioners of roads and revenues of Wilcox County, from the date that this Act becomes effective, until December 31, 1936, and until their successors have been duly elected and qualified, as hereinafter provided. Before entering upon the discharge of their duties, each commissioner so appointed or elected shall take and subscribe to the following oath, to wit: I....., do solemnly swear that I will support the Constitution of the United States, and of the State of Georgia, and that I will well, truly and faithfully discharge the duties of Commissioner of Roads and Revenues of Wilcox County, during

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my continuance in office according to law and to the best of my knowledge and ability, without fear or affection to any person, firm or corporation; so help me God. And said commissioners, and each of them, shall give a bond in the sum of one thousand ($1,000.00) dollars each, except the chairman of said board, who shall give a bond in the sum of five thousand ($5,000.00) dollars, in a good and solvent fidelity and guaranty company, payable to the ordinary of said county and his successors in office, conditioned for the faithful discharge of the duties of his office, which shall be duly filed and recorded in the office of said ordinary, as the bonds of other county officers. The premium on said bond shall be paid out of the general funds of said county. Said commissioners shall each be commissioned by the Governor of the State, and all future commissioners shall likewise be commissioned. Oath. Bond. Section 4. Be it further enacted by the authority aforesaid, that the candidate running for the office of commissioner of roads and revenues, as provided in this Act, shall not reside out of the commissioner's district in which he seeks election, but shall be a bona fide resident of the commissioner's district in which he seeks election at least two years prior to his election, and shall be a qualified voter of said county. Residence. Section 5. Be it further enacted by the authority aforesaid, that on the day the general election is held in said county for the election of State-house officers, beginning with the year 1934, and every four years thereafter, there shall be held an election to elect a commissioner of the third commissioner's district, and to elect a commissioner of the fourth commissioner's district, hereinbefore created and named, and a commissioner from each of said districts shall be elected, who shall be a member of the said board of commissioners of roads and revenues of Wilcox County, and the term of their respective office shall be for a period of four years; and that on the day the general election is

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held in said county for the election of State-house officers, beginning with the year 1936, and every four years thereafter, there shall be held an election to elect a commissioner of the first commissioner's district, and to elect a commissioner of the second commissioner's district, and to elect a commissioner of the fifth commissioner's district, hereinbefore created and named, and a commissioner from each of said districts shall be elected, who shall be a member of the board of commissioners of roads and revenues of Wilcox County, and the term of their respective office shall be for a period of four years. Should a vacancy occur in the membership of said board, by death, resignation, or otherwise, the other members of said board shall elect his successor for the residue of the term of such commissioner made vacant, from the commissioner's district in which the vacancy exists; and should the said board fail to agree upon any one to fill said vacancy, for a period of thirty days from the date the vacancy occurred, then and in that event the ordinary of Wilcox County shall be advised by said board, and in that event the ordinary shall appoint a successor for the residue of the term of office of such commissioner, made vacant, from the commissioner's district in which the vacancy exists. Election. Term of office. Vacancy. Section 6. Be it further enacted by the authority aforesaid, that said board of commissioners of roads and revenues shall have original and exclusive jurisdiction and control over all roads, bridges, ferries, public works, buildings, and property of said county, and over the revenues of said county, and over all the subject-matters enumerated and set forth in section 4796 of the Code of Georgia, adopted August 15, 1910, and in paragraphs 1 to 9, inclusive, set out under said section of said Code, and also over the following matters, to wit: examining and approving the bonds of all county officers, except as otherwise provided by law, approving and directing the payment of all orders on the county treasury for the payment of public monies, supervising

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the tax-collector's and tax-receiver's books, making settlements with the tax-collector and allowing the insolvent list of said county in such settlements; examine the tax-digest of said county for the correction of errors therein, and granting relieves for such errors; establishing and maintaining a county chain-gang, and working said chain-gang on the public roads and State highways under contract with the State Highway Board, in said county or adjoining counties, bridges, drains, and all other public work of said county; to employ a warden and guards, and other employees of said county, and to fix their compensation; to purchase necessary machinery, live stock, tools, and other road equipment necessary for carrying on road work or other public work of the county; to borrow money on the credit of the county, where the same may be lawfully borrowed, and executing notes or vouchers, or other obligations in the county's name therefor; employing a janitor for the court-house, county physician, county attorney, clerk, and other employees that may be needed to maintain the affairs of the county and their office, to fix their compensation, and make such rules and regulations as said board may deem expedient. Jurisdiction. Section 7. Be it further enacted by the authority aforesaid, that members of said commissioners of roads and revenues shall each receive for their compensation a salary of five dollars per day for attending meetings of the board, but not to exceed two hundred ($200.00) dollars per annum for any one commissioner, except the chairman of said board, who shall receive five dollars per day, and whose salary shall not exceed the sum of six hundred ($600.00) dollars per annum; said members of said board of commissioners shall receive no other compensation whatever; said salaries shall be paid from the county treasury monthly, and warrants drawn on the treasury or depository as in the case of other claims against said county. Three of said commissioners shall constitute a quorum and must concur to pass

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any order for any contract, or pledge the county's credit, grant or allow any claim or charge against said county. Per diem. Quorum. Section 8. Be it further enacted by the authority aforesaid, that while the county maintains a chain-gang and works on its public roads and other public works, said commissioners shall employ a warden, in pursuance with the rules of the Prison Commission and the general laws of the State, whose duty it shall be to work said convicts under the instruction of the chairman of the board, and according to the rules of the prison commission, and not in conflict with the general law. The board of commissioners of roads and revenues shall fix his salary and term of office. Convicts, warden. Section 9. Be it further enacted by the authority aforesaid, that the regular monthly meeting of said commissioners of roads and revenues of said county shall be on the first Monday in each month, and shall be held in the courthouse of Wilcox County at Abbeville, Georgia, and may adjourn from day to day and may hold special or call sessions when necessary. Meetings. Section 10. Be it further enacted by the authority aforesaid, that W. Z. Peebles, the commissioner from the second commissioner's district, shall be the first chairman of the board of commissioners of road and revenues created by this Act, and he shall continue as chairman of said board until the first regular meeting in January, 1934, at which time a chairman shall be elected, who shall hold office for a period of one year; and a chairman shall be elected by the board of commissioners of roads and revenues at the first meeting in January of each year thereafter, who shall hold office for a period of one year, and until his successor has been elected and qualified. Chairman named. Section 11. Be it further enacted by the authority aforesaid, that the duties and powers of the chairman of said board of commissioners of roads and revenues shall be as follows, to wit: He shall have general supervision over the

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roads, highways, ferries, bridges, pauper farm, and each employee and official connected therewith; he shall have the power to discharge and employ any guard or other employee of the road force, for cause, subject to confirmation at the first regular meeting of the board of commissioners of roads and revenues thereafter; he shall be the custodian of all property of the county used by the road and bridge forces, and he shall be charged with the duty of its safe-keeping, and shall see that it is not wasted or used for private purposes; he shall see that the convicts of the county, used on the public works, are provided with such food and clothing as provided by the rules of the Prison Commission in conjunction with the warden, and he shall have the power to direct where the warden shall work said convicts, in pursuance of the orders of the board; he shall preside at each regular and special meeting of said board, and shall sign all orders passed by said board, and he shall see that the meeting of said board shall be conducted in an orderly manner and that the law is enforced; and in his absence the board shall appoint an acting chairman to preside; he shall perform such other duties and have such other powers as are or may be conferred upon him by law, or authorized by said board; and he shall at each regular meeting of said board submit a report of the conditions of the county affairs, and make to said board such recommendations as he may deem proper. Chairman's duties, powers. Section 12. Be it further enacted by the authority aforesaid, that at the first regular monthly meeting in January of each year the board shall appoint, for the ensuing year, a clerk, county attorney, county physician, warden, guards, superintendent of pauper farm, and such other employees as they may deem necessary, whose terms of office shall be for a period of one year, and said board shall have the power to remove any such employee for cause, as they may deem proper, and they shall fix the salary and compensation of such employee. County employees, appointment, pay.

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Section 13. The said board shall cause to be kept in its office the same system of records of its proceedings as are kept in the office of the Board of Commissioners of Roads and Revenues of Wilcox County at the time of the approval of this Act. Records. Section 14. Be it further enacted by the authority aforesaid, that if any part of this Act should be declared unconstitutional by the Supreme Court, then and in that event the remaining part or portion of said Act shall remain in full force and effect. Act not invalidated by void part. Section 15. 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 March 24, 1933. WILKINSON BOARD OF COMMISSIONERS ABOLISHED. No. 78. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for Wilkinson County, Georgia, said Act having been approved August 14, 1931, as shown by the Acts of 1931 from page 615 to 622, inclusive. 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 creating a Board of Commissioners of Roads and Revenue of the County of Wilkinson, State of Georgia, said Act having been approved August 14, 1931, as shown by the Acts of 1931 from page 615 to 622, inclusive, said bill providing for the election of members of said board, their removal from office, and defining their powers and duties and compensation, be and is hereby repealed. This Act to take effect on the first day of March, 1933. Abolition of board.

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Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1933. WILKINSON BOARD OF COMMISSIONERS CREATED. No. 79. An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County, Georgia; to provide for naming and the election of commissioners to constitute said board; to prescribe their powers and duties; to prescribe their term of office; to fix their salary; to provide for employees, and to fix the salary of employees; to provide for their removal from office; to provide for filling vacancies; to provide for five districts from which they shall be elected; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that from and after the first day of March, 1933, there shall be established in and for the County of Wilkinson, a Board of Commissioners of Roads and Revenues, consisting of five members, as follows: F. M. Fountain, P. M. Jackson, C. C. Johnson, James E. Hollimen, and G. M. Toney. Said commissioners are hereby named and appointed, and shall hold office until the first day of January, 1935. Said members shall select their own chairman and state his term of office. New board; members named. Term of office; chairman. Section 2. Be it further enacted, that at the election to be held for members of the General Assembly and county officers, and in the same manner as members of the General Assembly are elected, there shall be elected at the regular election in November, 1934, five members to said board, whose terms of office shall begin on the first day of January, 1935. Said commissioners so elected shall hold office for

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and during the term of two years and until their successors are elected and qualified. Election; term of office. Section 3. That the County of Wilkinson is hereby divided into five districts, and one commissioner shall be elected by the people of the entire county from each of said districts. The five districts shall be divided as follows: Bethel and Ramah districts shall be known as District Number One, Ivey and Bloodworth districts shall be known as District Number Two, Passmore and Lords districts shall be known as District Number Three, Turkey Creek and Griffin districts shall be known as District Number Four, and High Hill and Irwinton districts shall be known as District Number Five. Districts. Section 4. That all vacancies occurring on said Board by death, resignation, or otherwise shall be immediately filled by the remaining members of said board, said appointment to be until the next regular election. Vacancies. Section 5. Be it further enacted, that said members shall, before entering upon the discharge of any of the duties of said office, take and subscribe the following oath of office before the ordinary of Wilkinson County, which oath shall be recorded on the minutes of the court of ordinary (which oath shall be in addition to the oath provided by law for all civil officers of this State) to wit: I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and revenues of Wilkinson County, and in all matters which require my official action, to the best of my knowledge and skill, I will so act as in my judgment will be most conductive to the welfare and best interest of the entire county; so help me God. Oath. Section 6. That said board shall have exclusive jurisdiction, when sitting for county purposes, over all matters concerning county property, county taxes, general and special; in establishing and changing militia districts and election precincts; in examining, auditing, and allowing all

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claims against the county; in examining, auditing, and settling the accounts of all officers having the care, management, collection, keeping, and the disbursement of money belonging to the county or appropriated to its use and benefit; in making rules and regulations for the support of the poor of the county, in establishing, altering, and abolishing roads, bridges, and ferries; in carrying out any and all of its details and enforcement of the road laws. Jurisdiction. Section 7. That said commissioners shall hold monthly meetings at the court-house in said county on the first Tuesday in each month; that a majority of such commissioners shall be necessary to constitute a quorum of said board, and the concurrence of such majority shall be necessary to pass any order or decree. That said commissioners shall be paid five ($5.00) dollars per month, and this shall be in full for all services rendered. That said commissioners are hereby given the right, when they deem necessary, to employ a clerk of said board, also an attorney for said county. The combined salary of said clerk and attorney shall not exceed thirty ($30.00) dollars per month. Said clerk and attorney shall hold office at the will of the commissioners. Quorum. Pay. Clerk, attorney. Section 8. That said board shall keep or cause to be kept a record of all its acts and doings; that it shall publish in the official newspaper of said county, or by posting before the court-house door, a monthly statement, fully itemized, showing the exact amount of county funds on hand, and the amount disbursed, giving name of each party in whose favor each order was passed, and the amount thereof. Should said board fail or refuse to comply with this section for as many as two months, their office shall be declared vacant when twenty-five freeholders of said county present the facts to judge of superior court and he finds that said facts are true. Records. Statements. Vacating office. Section 9. Be it further enacted by the authority aforesaid, that said board shall not hire or employ any member of

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board to do or perform any work for said county, and shall not contract with any member of said board for supplies to be furnished said county, nor shall said board hire or employ any person to do any work for said county nor contract with any person to sell or furnish supplies or merchandise to said county who is related to any member of said board within the fourth degree. The penalty for violation of the provision of this Section shall be as is heretofore provided for in Section 8 of this Act. Personal interest in contract or purchase; relationship. Penalty. Section 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 February 28, 1933. WORTH COMMISSIONERS; AMENDING ACT. No. 119. An Act to amend the act entitled An act to create and establish a board of commissioners of roads and revenues of Worth County; to fix and prescribe their jurisdiction, powers, and duties; to provide for the election, appointment, and qualification of the members and officers of the said board, and to fix their salaries and fees; and for other purposes, so as to provide for the county to be divided into five separate districts, and that one member of the board reside in each of these districts; and that hereafter one member reside in and be elected from each of the respective districts; that the board advertise for competitive bids and provide for open competition in the purchase of all materials and supplies used by the board and each and all of the officers and authorities of the county; that the board publish monthly, quarterly, or semi-annually, as it may determine, detailed statements of all receipts and expenditures pertaining to the business affairs of the county; to revise, change, and fix the

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compensation and salaries of the members of the board and its officers; to revise, change, and fix the duties and powers of the board, its members and officers; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the act creating and establishing the board of commissioners of roads and revenues of Worth County, Georgia, published in the volume of Georgia Laws for the year 1904, pages 296 to 300, inclusive, be and the same is hereby amended, changed, revised, and supplemented as follows, to wit: Act of 1904 amended. Section 1. That Section 4 of the said act (Acts 1904, page 297) be stricken from said act in its entirety, the same being hereby repealed. And that the following section be and the same is hereby substituted in the place thereof, to wit: Substitute for Sec. 4. Section 4. That the tax-receiver of the said County of Worth be and he is hereby made ex-officio the clerk of the said board of commissioners of roads and revenues of said county; and it shall be his duty and obligation to perform, in addition to the duties devolving upon his as tax-receiver under the general laws of said State, all of the duties and obligations now prescribed for and devolving upon the clerk of the said board of commissioners, and that may hereafter be prescribed for and devolve upon the clerk of said board under the provisions of the said original act creating said board as amended by this act, and other laws applicable. Provided, that in the event the offices of tax-receiver and tax-collector of said County of Worth shall be consolidated as now provided for by an amendment to the constitution of said State, and the office of county tax-commissioner be created for said county, then and in that event the tax-commissioner of said county shall be and is hereby substituted for the tax-receiver as to said office of clerk, and then

Page 782

and in that event the tax-commissioner of said county shall become ex-officio the clerk of said board, and shall perform all of the duties and obligations devolving upon the clerk of said board. Provided further, that in the event there should be a temporary vacancy in the office of the officer acting clerk ex-officio, or such officer be unable, disqualified, or fail to serve for any reason, the chairman of the board may designate, by order on the minutes, any member of the said board to act as clerk until the cause for his designation is removed and the officer on whom the duty primarily rests takes up the exercise of the office. The said officer so acting as ex-officio clerk of said board shall receive, in addition to his compensation as such officer for other duties, the monthly salary of twenty-five dollars per month, payable monthly, same to be his full compensation for such service. Tax-receiver ex-officio clerk of board of commissioners. Vacancy. Compensation. Section 2. That Section 6 of the said act (Acts 1904, pages 297-298) be and the same is hereby amended by striking therefrom the last six lines of said section, which read as follows: The board shall have the right to remove the clerk at any time in their discretion, for good cause in their judgment, charges to be preferred by them in writing, and a hearing to be given the clerk so charged, and their judgment to be final; they shall fill all vacancies in the office of clerk, occurring from removal, death, resignation, or otherwise, the provisions contained in said stricken lines above quoted being hereby repealed, so that said section as thus amended shall read as follows to wit: Removal of clerk. Section 6. Be it further enacted, that all vacancies on said board, occurring from death, resignation, or otherwise, shall be filled by the remaining members of the said board; the persons chosen to fill vacancies shall take, subscribe, and file the oath prescribed, and shall be commissioned by the Governor to fill the unexpired terms of the commissioners whom they are elected to succeed. Oath of commissioners.

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Section 3. That Section 12 of the said original act (Acts 1904, pages 299-300) be and the same is hereby amended so as to add to said Section 12 of said original act of 1904 as it is now written and published, and there is hereby added thereto, the following subsections lettered to (H) inclusive, to wit: (A) The said board of commissioners is hereby authorized and directed to divide the County of Worth into five zones or districts, the same to be designated as county-commissioner districts, and numbered one to five respectively, the same to be laid out and defined so as to be as nearly equal in area, population, tax values, and road mileage as is practical in the discretion of said board; and the lines around the respective districts to be so traced and defined so as to follow the present county, district, and lot lines, public roads or highways, natural watercourses, and the like, so as to avoid the expense of surveying and marking new lines as nearly as practicable; and these commissioner districts shall be so shaped as to include one of the present members of the said board within the borders of each district; and in all future elections of each of the said commissioners, as the term expires or the office becomes vacant for any reason, the successor as to each member shall be elected from time to time from the bona fide residents of the district in which the commissioner whose term is expiring resides or in which the vacancy exists, no one to be eligible as to any one of the said offices except a bona fide resident of the particular district; and in each instance, on final election, the member shall be elected by the voters of the entire county, and not by the voters of the particular district alone; provided, that, in the nomination of the candidate by any political party in convention or primary election, each candidate shall be voted upon and the nomination determined and declared upon the votes of those participating in the particular district in which the nomination is to be made, and not by the voters of the

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entire county. This work of dividing the county into districts shall be completed by said board as soon as practical after this Act becomes of force, and within six months after the date of the approval thereof; the said board shall pass an order in writing establishing the said five districts pursuant to this Act, and tracing and defining the boundary lines around each of the said districts, and shall enter the same upon the minutes of the said board, and shall furnish a certified copy thereof to the ordinary of said county, who shall promptly record same upon the minutes of his court; and all of the provisions of this amendatory act shall thereupon become effective. The said board may, by written order duly passed and recorded in similar manner as above provided regarding the original order, alter or change the lines around the said districts from time to time as the board in its discretion may determine to be proper; provided, that no alteration or change shall be made within the twelve months immediately preceding any election at which a member of said board is to be elected. Commissioner districts. (B) The salary of the chairman of the said board is hereby fixed at twenty-five ($25.00) dollars per month, due and payable on the first day of each calendar month for the previous month's service, which salary shall be his entire compensation for all services rendered. The members of the board, other than the chairman, shall each receive the monthly salary of twelve and one half ($12.50) dollars per month, due and payable on the first day of each calendar month for the previous month's service, which salary shall be the entire compensation for all services rendered. It shall be unlawful for any member of the said board to receive or draw, on account of any service to the county or said board, any money from the public funds or treasury of the said county, except only the monthly salary above provided; and it shall be unlawful for the board to employ any member of the said board to perform any service for the county or the board pertaining to the county

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business or affairs, or to pay any member of said board anything from any fund of the said county for any purpose or on any account, directly or idirectly, except only the monthly salary above provided and stipulated for regular service devolving under and by virtue of the said original Act as hereby amended; and any contract by the board or any member or members thereof with any other member or members pertaining to the business or affairs of the said county shall be illegal and void. Chairman's salary. (C) The chairman of the said board (and in his absence, inability, or failure to act for any reason, the vice-chairman while acting as chairman) shall be and is hereby constituted the purchasing agent for said county and said board acting for the county, he being clothed with the duty, power, and obligation to purchase all materials, supplies, and other articles which it is necessary and lawful to purchase for the said county or any of its officers or authorities, to be paid for out of any of the funds of the said county, using his best skill and judgement in so doing; and it is hereby made the duty of the chairman, and vice-chairman when acting, as such purchasing agent, to establish, adopt, and follow such plans and regulations in the exercise of his duties as purchasing agent for the county as will bring about competitive bids and insure all reasonable competition among available dealers in the matter of prices, so far as is reasonably practicable in all instances; and it shall further be his duty to adopt and follow the policy of purchasing in such quantities and in such way as will insure the county the benefit of wholesale cash prices on all commodities purchased, in all instances where it can be made to the interest of the county to do so; and all officers and authorities of said county having the duty or authority to make requisition on said board for any materials, supplies, or other article or articles to be paid for out of county funds shall make requisition in writing for same to the purchasing agent, who shall provide same when proper and lawful

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to do so; and no bill, obligation, or claim against the county shall be approved or paid by the board from county funds, except and until the same shall be first sworn to by the claimant or person acting for the claimant and knowing the facts, and then personally checked, audited, and approved in writing by the purchasing agent before being submitted to the board and finally approved by the board for payment; and then the items thus approved listed and entered upon the minutes or other proper record in the office of said board with such fullness and detail as to make every item intelligible to any reasonably intelligent citizen; and it shall be and is hereby made the duty and obligation of the board, by and through the chairman and clerk, to make up and certify a monthly statement and balance-sheet, showing all items received and all paid out, and from and to what sources, during the previous month, giving the balances on hand as of the last day of previous month as to all funds being handled, and not later than the tenth day of each month to post a certified copy of such statement on a bulletin-board or otherwise at a conspicuous and easily accessible place in the open halls or corridors of the county court-house; and further to publish a consolidated statement covering the six months immediately preceding the semi-annual date, as of date January 1st and July 1st of each year, in the newspaper in which the legal advertisements of the said county are published, within twenty days after each semi-annual date. Chairman to be purchasing agent. Duties. Vice-chairman. (D) The Clerk. The person acting as the clerk of the said board under the provisions of this Act as hereby amended shall, before entering upon the discharge of the duties as such clerk, take and subscribe the oath of office prescribed by the said board, and give bond in the sum of two thousand dollars, with one of the bonding companies doing business in this State as security, same to be payable to the said board of commissioners of roads and revenues of Worth County, Georgia, and its successors, approved

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and accepted by the chairman of said board, and filed with the ordinary of said county and recorded in the bond record in his office, conditioned for the faithfl performance of all duties devolving upon him as the clerk of said board, and the true accounting for all funds, properties, and effects of all kinds received by him and coming into his custody and charge as such clerk, the same to be sued and enforced, in case of breach or default, in like manner as bonds of county officers under the general law. The premiums on the bond of the clerk shall be paid by the board from county funds. It shall be and is hereby made the duty of the clerk of said board to keep and record, in a book provided for that purpose, full, true, and correct minutes of all meetings of the said board, and of all acts and transactions of the board and its members pertaining to the business and affairs of the said county and of the said board for the said county; to keep daily account, posted up to date, on a book or books provided for that purpose, full, true, and correct itemized and detailed accounts of all moneys received, paid out, or handled in any way by the said board, its members, the clerk, or any person under their authority, pertaining to the county business, funds, or affairs; and the clerk shall keep, fully and truly, such other books and records as may be required by law, and as may be required by the said board, and shall perform any and all other duties and acts as devolve upon him or as may be prescribed or directed by the said board. The clerk of the board is hereby made the receiving officer and custodian of all funds payable to the said board or its officers or members and belonging to said county; and it shall be his duty to receive and receipt for same, and to promptly and daily deposit same with the county treasury, depository or other proper authority as fixed by law, or by the order and direction of said board. The clerk shall procure and enter upon his minutes a full and correct list of all regular employees of the county and the amounts and terms of all salaries and compensations paid each and all;

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and any and all changes made from time to time in the personnel, salaries, or compensations shall be entered, so that the minutes will at all times show complete record thereof. The board shall designate the room or office in the county court-house in which the clerk shall keep the books and records of the board and his office, and shall fix and prescribe the days of the week and hours of day that his office shall be kept open and he be present for the transaction of the public business of the office. The books and records of the office shall be open to the inspection of the public during all business hours. Oath of clerk Bond Duties (E) The Warden. At the first meeting of the board in January of each year, or at any adjourned or special meeeting to be held within a reasonable time thereafter, the board shall (subject to the regulations of the general law bearing on the subject) appoint some proper and competent person to the office of warden of the convicts of said county, the term to be the calendar year in which the appointment is made, and until his successor is appointed and installed in office; and the person thus appointed shall, before entering upon the discharge of his duties as warden, take such oath, and make and file such bond with said board, as the board in its discretion may prescribe and require; the premiums on the bond required shall be paid by the board from county funds. It shall be the duty of the warden to take custody and charge of all convicts confined in the chain-gangs of the said county, and, under the orders and directions of the said board and its members, and in accordance with the laws applicable, keep and superintend the prison camps and chain-gangs of said county and the immates thereof, to be careful in keeping them in confinement, looking after their health, comfort, and welfare, and to see that their sentences are promptly enforced by subjecting them to reasonably hard labor upon the public highways, roads, bridges, and other public works of said county, carefully superintending and directing the work done by them;

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and the warden shall be and is hereby made the custodian and keeper of all live stock, motor and other vehicles, implements, tools, and other property and equipment used in connection with the camps, chain-gangs, and public works of the county, and of all supplies and other things used and handled in the course of the maintenance and work of the chain-gangs, and it shall be his duty to be diligent, careful, and conservative in the use, preservation, and protection thereof; and it shall be the duty of the warden to keep at all times a complete and detailed account of all articles of every kind coming into his custody as such warden, making frequent inventories, and making record thereof in permanent book or books to be furnished him for that purpose; and it shall be the duty of the warden to make his requisitions for all supplies and other articles in writing to the chairman, or acting chairman, of the board, making same at such intervals as the board may require. He shall assist the purchasing agent in purchasing the necessary things for the chain-gangs and convicts, and shall keep itemized and detailed record and account, in a book provided for that purpose, of all supplies received, and daily record of those issued for use, so that the board or other authority, by inspection, may readily determine the daily, weekly, and monthly use and consumption of supplies, and the cost thereof; and the warden shall perform such other service and observe and faithfully carry out such other regulations as the board may from time to time prescribe. The warden's salary shall not exceed one hundred dollars per month as full compensation for all services rendered, the salary to be payable on the first day of each calendar month for the previous month's service. The board shall be authorized to provide the warden with a truck suitable for the service (not a passenger automobile), for use by him in making his trips from place to place in the county in connection with the service, same to be utilized by him in the transportation of the convicts, tools, supplies, and other articles, and otherwise as may be practicable

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and economical in the service. The board may remove the warden at any time for good cause in the discretion of the board, declare a vacancy in the office, and thereupon appoint his successor for the unexpired part of the current term. This paragraph of this Act shall be dormant and inactive should the county at any time decide to dispense with convict labor to the extent of making it unnecessary to maintain the chain-gang and employ a warden. Warden. Salary of warden. (F) The County Attorney. At the first meeting in January of each year, or at any adjourned or special meeting to be held within a reasonable time thereafter, the board shall appoint and employ a capable attorney at law (or firm of attorneys) practicing in the said county, as county attorney (or attorneys) for the term of the calendar year in which the appointment is made (and until the successor or successors shall be appointed and installed), whose duty it shall be as such attorney (or attorneys) at law to represent the said county and the said board in all matters pertaining to the business of the county and said board for the county, and to counsel and advise the members of the board and its officers in connection with their official duties and services for the county, to draw and approve all contracts and other papers when called on by the board, and to perform any and all other service that such attorney (or attorneys) may be called on to render by the board its officers or members in connection with the business and services of the board. The salary of the county attorney (or attorneys, if firm serving) shall not exceed fifteen ($15.00) dollars per month for all services rendered in the usual and regular course of the business of said county and of said board for the county; provided, that in case of litigated matters, unusual adjustments, settlements, and such matters as are in the judgment of the board extraordinary and the service necessary, in which the county, or said board for the county, shall be a party, or interested, the said monthly salary shall only operate as a retainer,

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and special contract may be made with the county attorney (or attorneys), or with any competent attorney or attorneys, in the discretion of the board, for services in such litigated and extraordinary matters, and reasonable compensation in addition to said salary retainer be paid for such services rendered. The attorney (or attorneys) may be removed by the board at any time, upon written charges and due hearing, for good cause in the discretion of the board, and a vacancy declared, and the successor or successors be appointed for the unexpired term. County attorney. Attorney's compensation. (G) The County Physician. At the first meeting in January of each year, or at an adjourned or special meeting to be held within a reasonable time thereafter, the board shall (subject to the regulations of the general law and authority having jurisdiction) appoint a capable physician, practicing in the said county, to be designated the county physician, for the term of the calendar year in which the appointment is made (or until his successor is appointed and installed), whose duty it shall be to visit and inspect the county jail and convict camps of the county from time to time, and prescribe sanitary and health regulations to govern the keeping of the places where prisoners and convict are confined; to examine the prisoners and convicts, attend them in sickness, and render them such medical and surgical treatment, service, and attention as their conditions may require from time to time, and to render such other service as physician to the prisoners and convicts as he may be called upon by the said board to render. The county physician shall be paid a monthly salary for his services, not to exceed the sum of thirty ($30.00) dollars per month for the regular routine and ordinary services, payable on the first day of each calender month for the previous month's service, and the monthly salary shall be his full compensation, except and unless in case of epidemic of disease, protracted sickness of convict or convicts, surgical operations, injuries in accidents or otherwise, unusual

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or extraordinary medical treatment and the like, when the board shall be and is hereby, in its discretion, authorized to make the necessary provision by special contract in each case with the county physician and/or others as the board may determine to be necessary and proper, and to pay reasonable compensation for such services (in addition to the monthly salary). The board shall furnish, at the cost of the county, under such plan as they together may work out, all medicines, appliances, materials, and the like, necessary and proper in connection with all of the services of the county physician. The county physician may be removed by the board at any time, after written charges and due hearing, for good cause in the discretion of the board, and a vacancy declared; and thereupon a successor be appointed for the unexpired part of the term. County physician. Compensation. (H) The said board is hereby authorized and empowered to assess and levy an annual tax on all of the properties of the said County of Worth subject to taxation, and to provide for the collection of same in the manner of other ad valorem taxes, and thus provide a fund, year after year, with which to pay the salaries and other expenses authorized and provided for by the said original act as amended by this act, as to any and all items and parts thereof as to which no other fund is subject or available by previous and existing general laws of this state. Tax to pay salaries, etc. Section 4. Be it further enacted by the authority aforesaid, that all laws in conflict with this amendatory Act be and the same are hereby repealed. Approved March 1, 1933. WORTH TAX-COMMISSIONER. No. 82. An Act to consolidate the offices, duties, and powers of the tax-receiver and tax-collector of the County of Worth,

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State of Georgia, and to create the office of county tax-commissioner in and for the said County of Worth, thereby abolishing and discontinuing the offices of tax-receiver and tax-collector of said county and creating in lieu thereof the office of tax-commissioner as provided for by the General Assembly of Georgia in an Act approved August 18th, 1924 (Acts of 1924, pages 815-817), ratified as an amendment to Article 11, Section 3, Paragraph 1, of the Constitution of the State of Georgia in due course; to fix the term of office and provide for the election of such tax-commissioner, fix the requisite qualifications of such officer, prescribe the oath and fix the bond to be given, and provide for the filling of vacancies in the office; to fix an annual salary as the compensation of such officer, provide how same shall be paid, and authorize the levy and collection of a tax to pay same; to provide that all fees, commissions, and perquisites of every kind and character accruing to or provided for the offices of tax-receiver and tax-collector, or the persons filling same, under existing laws or laws hereafter enacted, shall belong to the county and be collected and deposited by such tax-commissioner in the county depositories; to provide when this Act shall become effective, and that thereupon all the laws of the State of Georgia now of force or that may hereafter become of force, not inconsistent with the purposes of this Act, relative to the offices of tax-receiver and tax-collector of the said county shall apply to and be of full force and effect as to the said office of tax-commissioner of said county, and all of the duties, powers, responsibilities, and labilities fixed by law, or that may hereafter be fixed by law, as to the said offices of tax-receiver and tax-collector and the persons filling same shall devolve upon the office of tax-commissioner of said county and the persons filling same, in so far as the same are applicable and not in conflict with the express terms of this Act, the office of tax-commissioner being substituted in all respects

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for both of said offices of tax-receiver and tax-collector of said county; that all books, records, and other things belonging and pertaining to said offices of tax-receiver and tax-collector be transferred to the custody of the said tax-commissioner; to prescribe other powers and duties of said tax-commissioner; 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. That the offices of tax-receiver and tax-collector of Worth County, Georgia, be and the same are hereby consolidated into one office, that of county tax-commissioner of Worth County, Georgia, and the offices of tax-receiver and tax-collector of said county are hereby abolished. Tax-commissioner in lieu of receiver and collector. Section 2. That the office of county tax-commissioner of Worth County, Georgia, is hereby created in lieu of the said abolished offices, and all of the rights, powers, duties, obligations, and liabilities of the said offices of tax-receiver and tax-collector of said county, under existing laws and laws hereafter enacted, are hereby transferred to and made to devolve upon the office of tax-commissioner of said county, the same being hereby substituted in all respects for the said two abolished offices. In and throughout all of the laws of the State of Georgia now existing or that may hereafter be enacted, and all laws applicable, for the purposes of this Act and as to the said County of Worth, wherever the names and terms tax-receiver or tax-collector appear, the same shall be read, interpreted, and applied by substituting the name and term tax-commissioner. Section 3. That all books, records, processes of every kind, and all and everything belonging to each and both of the said abolished offices are hereby transferred to the said tax-commissioner, the tax-commissioner to succeed to all of the same and be substituted and subrogated to the

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places of the said tax-receiver and tax-collector as to same; and the tax-commissioner is hereby given full and complete right and authority to collect and enforce all tax executions heretofore issued, to issue tax executions where not issued, and collect and enforce the same, and to proceed in all matters the same as either of the said discontinued officers might have done in due course. Transfer of records, etc. Collection of taxes. Section 4. That all fees, commissions, and all compensations of all kinds that are prescribed for or allowed under existing laws, or that hereafter may be prescribed for or allowed to either the tax-receiver or tax-collector under the general laws of the State of Georgia, on account of or pertaining to the return, collection, and enforcement of state, county, school-district, special, and any and all other taxes and revenue, and which would accrue to the tax-receiver and tax-collector of said county, each and both were they functioning, but for the provisions and effect of this Act, shall be received and collected by the tax-commissioner for the use of said county, he to have full power to enforce the collection of same by the issuance and enforcement of executions just as the tax-collector might do were he functioning; and it is hereby made the duty and obligation of the tax-commissioner to be diligent in the collection of same, and to deposit any and all amounts collected and received by him from the sources named promptly in the treasury or designated depository of the said County of Worth, all of same to belong to the said county and be drawn out by the authority of the said county having jurisdiction of county affairs for county purposes. Fees, etc., to go to treasury. Section 5. This Act shall be and is hereby made effective and of force immediately upon its passage and approval; and it is accordingly hereby declared and provided that the offices of tax-receiver and tax-collector of the said County of Worth shall end and become merged into the office of tax-commissioner as of the date this Act becomes law; and that upon this Act becoming law and the office

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of county tax-commissioner created hereby thereby coming into existence, the same shall be treated as being vacant, and it shall thereupon be and is hereby made the duty of the ordinary of the said County of Worth to appoint to the said office of tax-commissioner some person resident in the said county, possessing the qualifications required under the general laws of the State of Georgia as to the office of tax-collector, and being in the judgment of the said ordinary competent and well qualified to fill the said office and efficiently perform the service required by law of such officer, the appointment to be made by said ordinary within thirty days from the date this Act becomes law, by order passed and signed by him and entered upon the minutes of the court of ordinary; and the said ordinary shall, immediately upon passing and entering said order, make two certified copies thereof and transmit one certified copy to the Governor of Georgia, and another to the Secretary of State of Georgia; and thereupon it shall be the duty of the Governor, and he is hereby empowered, to commission the said appointee, upon qualification as in this Act required, for the time beginning on the date of the qualification and receiving the commission by such appointee and the election and qualification of the successor of said appointee as hereinafter provided for, the appointee thus appointed and commissioned to hold and exercise the said office for said time; and in the event the said appointment shall not for any reason be made by the ordinary of the said county within the time above stipulated, it shall then be and is hereby made the duty of the judge of the superior courts of the Tifton Judicial Circuit to make said appointment within the following thirty days after the expiration of the first thirty days after this Act becomes law, and said judge superior court is hereby in such event so empowered, the appointment to be made by signing and filing written order with the clerk of the superior court of the said County of Worth, who shall thereupon enter the same on the minutes of the superior court of said county, and make two certified

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copies thereof, and transmit one to the Governor of Georgia and another to the Secretary of State, the appointee to be commissioned thereupon in the same way and for the same time as above provided with reference to appointment by the ordinary. No one shall be eligible or qualified to hold the said office of county tax-commissioner of said county who does not possess the qualifications required by the general law of the State of Georgia as to the office of tax-collector, until otherwise provided by law. Act effective when. Appointment by ordinary. Commission by Governor. Duty of judge as to appointment. It is further hereby enacted and provided, that the successor to the person appointed and commissioned as hereinabove provided shall be and is hereby required to be elected at the next regular general election to be held in the said County of Worth on Tuesday after the first Monday in November, 1934, at the same time the Governor, members of the General Assembly and other officers of the said State are elected, the said election as to this office of tax-commissioner to be held in the same way as is provided by the general laws of said State with reference to the county officers of the said county, the ordinary of said county to provide and furnish the necessary blanks for the purpose, and the returns to be made and the result determined and certified in the same manner as in case of the regular general election of county officers of said county; and the person duly elected at said election on Tuesday after the first Monday in November, 1934, shall be permitted to qualify in the same manner as is required of tax-collectors, and thereupon shall be commissioned by the Governor for the remaining unexpired part of the present four-year term, that is to say, from the date of qualification to January 1, 1937, and until the successor shall be elected and qualified; and the successor to the person elected for this unexpired term shall be elected in the usual and regular manner provided by general laws as to county officers at the regular election on Tuesday after the first Monday in November in the year 1936, and the successors in order at the regular

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quadrennial elections thereafter, until changed by law; and said officers shall be commissioned for the terms to which they shall be elected after the manner of tax-collectors under the general laws applicable. The existing general laws of the State of Georgia applicable to vacancies in the offices of the clerks of the superior courts (also governing as to vacancies in the offices of tax-receivers and tax-collectors) shall apply and govern as to the matter of filling vacancies that may hereafter occur in this office of tax-commissioner of the said County of Worth. Election. Section 6. The tax-commissioner of said county shall be and is hereby made one of the county officers of the said County of Worth, and shall hold office for the term of four years, the first regular full term to begin January 1st, 1937, and run thereafter for four years, and for quadrennial terms thereafter, the same as the clerk superior court and other county officers of said county; the first regular election for the ensuing full term to be the general election to be held in the year 1936, and the succeeding regular elections for said office to be the general elections held each four years thereafter, pursuant to the general laws applicable. Term of office. Section 7. The said tax-commissioner, whether appointed or elected, before entering upon the discharge of the duties of the office shall qualify by taking the oath required of all civil officers, the special oath in form and substance as required of tax-collectors, substituting the name of the office of tax-commissioner, and shall give bond in amount to be fixed as provided by law as to tax-collectors, with good security, payable in same way, conditioned, approved, filed, and recorded in same manner as provided under general law as to bond of tax-collectors, and thereupon be commissioned; the laws as heretofore applicable to the office of tax-collector in all respects to be compiled with. All of the general laws of the State of Georgia regarding the matter of qualification, oath, bond, to whom payable,

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liability thereon, the enforcement of the bond in case of default, and the like, are hereby made applicable to this office of tax-commissioner of said county. The premiums on the bond of the tax-commissioner, from time to time, shall be paid by the County of Worth from the treasury thereof. Oath. Bond. Section 8. The said tax-commissioner of said county shall receive and be paid, as full compensation for all duties and service performed by him as such tax-commissioneras the successor to the offices of tax-receiver and tax-collectorthe annual salary of fifteen hundred dollars, payable in monthly installments of $125.00 each, on the first day of each calendar month, from treasury of said county; and the funds collected and deposited by him under existing law as fees, commissions, and the like shall be first subject to and available for the payment of this salary; and should it become necessary at any time to supplement the said fund in order to pay the said salary, the authority of said county having jurisdiction shall levy and provide for the collection of a tax on all property of the said county liable to taxation, sufficient to pay the said salary, and all other expenses provided for by this Act, from time to time as necessary. Salary $1500. Tax to pay salary, etc. Section 9. The said tax-commissioner shall be provided and assigned a room, or rooms, in the county court-house of said county, as may be suitable and necessary for the purposes of his office; and it shall be the duty of this commissioner to be personally present at and keep the office open during reasonable hours on every week day, Sunday, legal holidays, and such days as he may be out in the county on his rounds receiving and collecting taxes as required by law, only excepted. Office. Section 10. Should it happen for any reason that any portion or portions of this Act shall be held by the court

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of last resort of this State to be unconstitutional, the whole of the Act shall not thereby become void, but only such portions as are expressly and pointedly held to be void. Act not invalidated by void part. Section 11. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1933.

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TITLE III. SOLICITORS-GENERAL. ACTS. Alapaha Circuit Salary Fixed. Blue Ridge Circuit Salary Decrease. Brunswick Circuit Salary and Bond. Eastern Circuit Salary Reduction; Assistant Solicitor-General; Bailiff. Macon Circuit Salary Reduction. Macon Circuit Salary Reduction. Oconee Circuit Salary Fixed. Tifton Circuit Salary Fixed. ALAPAHA CIRCUIT SALARY FIXED. No. 153. An Act to abolish the fee system now existing in the superior courts of the Alapaha Judicial Circuit, as applied to the office of solicitor-general, in all fees now, heretofore, or hereafter accruing to the office of solicitor-general in said circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1 of section 13 of article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit in reference to the collection, payment, and disposition of all funds, monies, and emoluments accruing to the office of solicitor-general; to provide for the levy and collection

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of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said solicitor-general; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The fee system now existing in the superior courts of the Alapaha Judicial Circuit, as applied to the office of solicitor-general, and all fees now or heretofore or hereafter accruing to the office of solicitor-general in said judicial circuit, be and the same are hereby abolished in so far as the same constitutes the compensation of said solicitor-general; but the same schedule of fees and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as provided by section 3 of this Act; and the solicitor-general of said judicial circuit shall hereafter be paid a salary, as hereinafter provided, in lieu of fees as under the present system. Abolition of fee system. Section 2. The salary of the solicitor-general of the said Alapaha Judicial Circuit shall be the sum of $3000.00 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 of $3000.00 per annum shall be paid pro rata out of the general treasuries or depositories of the various counties composing said circuit upon the basis of taxable values; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its total values of taxable property bear to the total values of taxable property of all of the counties of the circuit, as shown by the official records of the Comptroller-General of this State, the taxable values of each year being used as a basis for calculation of the proportion of said salary that each county must pay the ensuing year. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authorities having

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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 monthly, on the first of each month, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually when levying taxes for expenses of courts, for 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 purpose is hereby delegated to said counties. Salary $3000. Apportionment among counties. Taxes to pay salary. Section 3. In the distribution among officers of court of all costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures, and fees paid into the superior courts of the counties composing said Alapaha Judicial Circuit or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the solicitor-general of said circuit, and any and all former solicitors-general, and shall stand in their places and stead, and shall be entitled to all funds, monies, and emoluments accruing to said offices in said judicial circuit. And hereinafter when orders on the insolvent fund or other judgments or findings are entered or approved in behalf of other officers of court, instead of the same being entered and approved in the name of the solicitor-general as under the present system, the same shall be entered and approved in the name of the solicitor-general for use and benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures, and fees, and all funds, monies, and emoluments accruing to the office of solicitor-general in said judicial circuit, under any laws heretofore or now existing or which may hereafter be enacted, shall be collected by the clerks of the superior courts of the various counties

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composing said judicial circuit, and shall be paid by said clerks into the treasuries or depositories of their respective counties; all of which said sums shall be the property of said counties; that is to say, all sums collected from any and all cases or matters arising in any particular county shall be paid by said clerk into the treasury or depository of that county, and shall become the property of such county. Said clerks shall make written reports, under oath, of the amounts so collected, and make payment and remittance thereof to the treasurers or other custodians of county funds of said counties, within thirty days after the adjournment of each term of superior court held in their respective counties; and shall furnish a duplicate of said sworn statement to the ordinaries, or county commissioners, or other county authorities of such counties at the time of making such statement and remittance to said county treasuries or depositories. Said clerks of the superior courts of said counties shall keep an accurate, detailed, and exact record of all fees and emoluments, including insolvent costs, earned by the said solicitor-general of said circuit, from any and all sources whatsoever, arising within their respective counties, and likewise keep a record of all sums collected by them, under the provisions of this Act, and paid by them into the treasuries or depositories of their respective counties; and their books, records, and vouchers relating thereto shall be open to the inspection of the public as other public records, and shall be the subject of an investigation and inquiry which the grand juries of said counties may deem proper to make. And said clerks shall be paid for the services herein described such sums as shall be approved by the presiding judge of the superior court. Subrogation to claims for costs, etc. Collection of costs. Compensation of clerk. Section 4. The solicitor-general of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerk for all fees earned and costs collected by him in the various counties of said circuit; and at the conclusion of each term of superior court he shall review

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and verify the books, records, and vouchers of said clerks, as to all fees earned and costs collected, and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums whenever it becomes necessary, and when it is ordered by the judge of the superior court. Accounting by solicitor-general. Section 5. Said salary of $3000.00 and the constitutional salary hereinbefore referred to shall be in full payment for all services of said solicitor-general, and he shall be entitled to no other funds or fees except as provided by Section 6 of this Act. Said solicitor-general shall pay all of his traveling expenses and all expenses incurred by him in the preparation for trial of cases, and shall pay for all stenographic service and clerical aid employed by him. The said counties of the Alapaha Judicial Circuit shall not be liable for any of the items of expenses aforesaid. The solicitor-general shall not be required to pay for the services of attorneys working with the grand jury while the solicitor-general is otherwise employed in the court. Such services of the other attorneys shall be paid for out of the county treasuries upon an approved order from the presiding judge. Salary pays for all services. Section 6. Nothing in this Act shall be construed to affect in any way the fees now allowed by the law to solicitors-general of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State. Fees in appellate courts not affected. Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. BLUE RIDGE CIRCUIT SALARY DECREASE. No. 120. An Act to amend an Act approved July 29, 1925, entitled An Act to amend an Act approved August 15, 1921, entitled

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An Act to amend an Act approved August 20, 1918, entitled An Act to abolish the fee system now existing in the superior courts of the Blue Ridge Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore or hereafter accruing to the office of solicitor-general in said circuit, in so far as the same constitute the compensation attached to said office; to provide for the payment of a salary to said solicitor-general in addition to the salary prescribed in paragraph 1 of section 13 of article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit in reference to the collection, payment, and disposition of all funds, moneys, and emolutions accruing to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said solicitor-general; and for other purposes, by striking from the second and thirty-third lines of Section 2 of said Act the figures $3,500.00, and inserting in lieu thereof the figures $4,250.00, so as to increase the salary of the solicitor-general of said circuit to $4,250.00 per annum, in addition to the salary of two hundred and fifty ($250.00) prescribed in paragraph 1, section 13 of article 6 of the Constitution of this State, and the compensation provided in Section 5, of said Act, by striking from the seventh, eighth, tenth, twelfth, and fifteenth lines of Section 1 of said Act of August 15, 1921, the figures $4,250.00 and inserting in lieu thereof the figures $5,750 so as to increase the salary of the solicitor-general of said circuit to $5,750 per annum in addition to the salary of $250 prescribed in paragraph 1, section 13 of article 6 of the Constitution of this State, and the compensation provided in Section 5

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of said Act, approved August 20, 1918, by striking from the ninth, eleventh, and fifteenth line of Section 1 of said Act of July 29, 1925, the figure $5,750 and inserting in lieu thereof the figures $4,750, so as to decrease the salary of the solicitor-general to $4,750 in addition to the salary of $250 prescribed in paragraph 1, section 13 of article 6 of the Constitution of this State. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that Section 1 of an Act approved July 29, 1925, pages 513-514 and 515 of the Georgia Laws 1925, which was an Act amendatory of an Act approved August 20, 1918, and an Act amendatory of an Act approved August 15, 1921, be and the same is hereby amended as follows: By striking the figures $5,750 in the ninth, eleventh, and fifteenth lines of Section 1 of said Act of July 29, 1925, and inserting in lieu thereof the figures $4,750, so as to make the salary of the solicitor-general of the Blue Ridge Judicial Circuit the sum of $4,750 per annum in addition to the constitutional salary of $250 as designated in the Act approved August 20, 1918, and the compensation provided in Section 5 of the Act approved August 20, 1918. Said salary of $4,750 and the constitutional salary of $250 shall be in full payment of all services of said solicitor-general, and all traveling and other expenses, and for all sums paid out by said solicitor-general for clerical aid and legal assistants engaged or employed by him, except as provided by law to solicitors-general. Salary $4750. Section 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 March 2, 1933.

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BRUNSWICK CIRCUIT SALARY AND BOND. No. 185. A BILL. An Act to amend an Act of the General Assembly fixing the manner of payment of the salary of the Solicitor-General of the Brunswick Judicial Circuit, approved August 15, 1919, Acts 1919, page 550, and the manner arriving at the proportion of the amount which is to be paid by each of the counties of said Judicial Circuit, and fixing the bond and the collecting officers. Section 1. The portion of the salary payable by each of the counties composing the Brunswick Judicial Circuit to the Solicitor-General thereof, in compensation for services as such Solicitor-General, shall be paid by each of the counties, as follows, on the first day of each month: Apportionment of salary among counties. Jeff Davis County $ 28.62 Appling County 57.95 Wayne County 59.65 Glymn County 150.91 Camden County 36.21 Section 2. All laws relating to the abolition of fee system of said Circuit and the placing of the Solicitor-General on a salary in lieu of fees are continued of full force and effect, except as that may be affected by the provision of this Act. Provisions still of force. Section 3. Be it further enacted that the clerks of the various Superior Courts of the Brunswick Judicial Circuit shall be the collecting and disbursing officers of all moneys coming into the Superior Courts of said Circuit. Section 4. Be it further enacted that the Solicitor-General

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of the Brunswick Judicial Circuit shall give bond in the sum of one thousand dollars ($1,000.00), as heretofore, for the faithful performance of his duty. Bond. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1933. EASTERN CIRCUIT SALARY REDUCTION; ASSISTANT SOLICITOR-GENERAL; BAILIFF. No. 43. An Act to amend 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 the compensation attached to said office; and for other purposes; adopted and approved August 15, 1927, by providing that the statutory salary of said solicitor-general of said Eastern Judicial Circuit shall be seven thousand ($7,000) dollars per annum, and by further providing that the said solicitor-general shall have power to appoint an assistant in the office of said solicitor-general whose salary shall be fixed by the county commissioners and ex-officio judges of Chatham County, and by further providing that the salary of the special criminal bailiff referred to in Section 6 of said Act be fixed by the county commissioners and ex-officio judges of Chatham County; by providing for the repeal of Section 5 and 6 of said Act of August 15, 1927; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that that certain Act adopted and approved

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August 15, 1927, and found in Georgia Laws 1927, page 743 and following, entitled An Act to abolish the fee system now existing in the Eastern Judicial Circuit of Georgia as applied to the office of the solicitor-general of said circuit, and all fees accuring to the office of solicitor-general of said circuit after the date upon which this Act becomes effective, so far as the same constitutes the compensation attached to said office, be and the same is hereby amended as follows: By striking from Section 2 of said Act the words and figures ten thousand dollars ($10,000.00) per annum, and the words and figures eight hundred and thirty-three dollars and thirty-three cents ($833.33) per month, and inserting in lieu of the words and figures ten thousand dollars ($10,000.00) per annum, the words and figures seven thousand dollars ($7,000.00) per annum, and further by inserting in lieu of the words and figures eight hundred and thirty-three dollars and thirty-three cents ($833.33) per month, the words and figures five hundred and eighty-three dollars and thirty-three cents ($583.33) per month; so that when said section is amended it will read as follows: Salary $7000. Monthly payments. Section 2. The statutory salary of the solicitor-general for said judicial circuit shall be the sum of seven thousand dollars ($7,000.00) per annum, which shall be in addition to the salary of two hundred and fifty dollars per annum prescribed by paragraph 1, section 12 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 five hundred and eight-three dollars and thirty-three cents ($583.33). 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 same manner

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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 services 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. Section as amended. Section 2. Be it further enacted by the authority aforesaid, that section 5 of said Act of August 15, 1927, be and the same is hereby repealed, and in lieu thereof another section, to be known as section 5, is hereby enacted, to wit: Section 5. Said Solicitor-General shall have the power to appoint an assistant in 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 assistant shall be fixed by the county commissioners and ex-officio judges of Chatham County, Georgia, and paid 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 Court of Savannah, the funds therefor to be provided in the same manner as the other operating expenses of said courts. Assistant solicitor-general. Salary, how fixed. Section 3. Be it further enacted by the authority aforesaid, that section 6 of said Act of August 15, 1927, be and the same is hereby repealed, and another section, to be known as section 6, is hereby enacted, to wit: Salary of special criminal bailiff. Section 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 the Code of the State of Georgia, except that the amount of said salary shall be fixed and determined by the said county commissioners and ex-officio judges of Chatham County.

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Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. MACON CIRCUIT SALARY REDUCTION. No. 50. An Act to amend An Act to abolish the fee system now existing in the superior courts of the Macon Judicial Circuit, as applied to the office of solicitor-general of said circuit, and all fees now, heretofore, or hereafter, accruing to the office of solicitor-general in said circuit, in so far as the same constitutes the compensation attached to the office; to provide for the payment of a salary to said solicitor in addition to the salary prescribed in paragraph 1, of section 13 of article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs, accruing to the office of solicitor-general of said circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general thereof, with reference to the collection, payment, and disposition of all funds, moneys, and emoluments accruing to the office of the solicitor-general of said circuit; to provide for the levy and collection of a tax by the county authorities of the counties composing said circuit for the purpose of paying the salary of said solicitor-general; and for other purposes, approved August 9, 1922, by striking from the third section of said act the words $1800.00 per annum, and substituting therefor the words $1200.00 per annum, and by striking from said section the words $150.00 per month and substituting therefor the words $100.00 per month; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the words $1800.00 per annum, where they appear in the third section of said act, be stricken therefrom, and the words $1200.00 per annum be substituted therefor, and that the words $150.00 per month be stricken from said section and the words $100.00 per month be substituted therefor, so that said section when so amended shall read as follows: Section 3. The County of Houston in said Macon Judicial Circuit shall pay to the said solicitor-general of said circuit a salary of $1200.00 per annum, in monthly installments of $100.00 per month, which shall be paid out of the treasury of said county: Provided, the provisions of this Act shall not affect the salary of the solicitor-general of said circuit during the present term of such officer, but shall become effective on and after January 1st, 1937. Houston county to pay $1200 of annual salary. Effective Jan. 1, 1937. Section 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 February 22, 1933. MACON CIRCUIT SALARY REDUCTION. No. 165. An Act to amend an Act abolishing the fees and fixing a salary in lieu for the solicitor-general of the Macon Judicial Circuit, described as an act approved on the 9th day of August, 1922, and appearing in the published Acts of 1922 as No. 346 on pages 309 et seq.; to provide for changing the amount of salary to be paid by the County of Bibb to the solicitor-general of said judicial circuit from $6,600.00 per year in monthly installments of $550.00 per month, as provided for in the second section

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of said Act, to $5,600.00 per year in monthly installments of $466.67; upon approval, this Act shall go into effect as of the first day of January, 1933; and to provide for the time when this Act shall go into effect if for any reason the above effective date should be held to be invalid; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act Section 2 of an Act known as the Act abolishing the fees and fixing a salary in lieu of fees for the solicitor-general of the Macon Judicial Circuit, said Act having been approved on August 9th, 1922, and appearing in the published Acts as No. 346 on pages 309 et seq. of the Acts of 1922, be and the same is hereby amended by striking the figures $6,600.00 in the third line of said section and substituting in lieu thereof the figures $5,600.00, and by striking from the fourth line of said section the figures $550.00 and substituting in lieu thereof the figures $466.67, and by striking entirely from said section and from the fifth and sixth lines thereof the following words: and which said salary shall begin to accrue immediately upon the enactment of this Act; so that said section when so amended will read as follows: Bibb county to pay $5600 of annual salary. Section 2. Be it further enacted by the authority aforesaid, that by and with the consent of the present incumbent the County of Bibb in said judicial circuit shall pay the said solicitor-general a salary of $5,600.00 per annum in monthly installments of $466.67 per month from and after the first day of January, 1933, which shall be paid out of the treasury of said county. Effective when. Section 3. Be it further enacted by the authority aforesaid, that if for any reason this Act is held not to be effective as hereinbefore provided, then and thereupon this Act shall go into effect immediately upon the cessation of the

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commission of the present incumbent of the office of solicitor-general, of the Macon Judicial Circuit, whether that commission ceases by the expiration of the present term or by his death, resignation, removal from office, or otherwise. Same. Section 4. Be it further enacted by the authority aforesaid, that if any portion or section of this Act should be held to be unconstitutional, full force and effect be given to all other portions hereof. Act not invalidated by void part. Section 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 March 10, 1933. OCONEE CIRCUIT SALARY FIXED. No. 194. An Act to abolish the fee system now existing in the superior courts of the Oconee Circuit, as applied to the office of the solicitor-general, and all fees now, heretofore, or hereafter accruing to the office of the solicitor-general in said circuit, in so far as the same constitutes the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1, section 13 of article 6 of the Constitution of the State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit, in reference to the collection, payment, and disposition of all funds, moneys, and emoluments accruing to the office of the solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the

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purpose of paying the salary of said solicitor-general; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The fee system now existing in the superior courts of the Oconee Judicial Circuit, as applied to the office of solicitor-general, and all fees now or heretofore or hereafter accruing to the office of said solicitor-general in said judicial circuit, be and the same are hereby abolished in so far as the same constitutes the compensation of said solicitor-general; but the same schedule of fees and costs prescribed under existing laws shall remain for the purpose of ascertaining sum or sums to be paid into the treasuries of the counties comprising said judicial circuit, as provided by Section 3 of this Act; and the said solicitor-general of said judicial circuit shall hereafter be paid a salary as hereinafter provided, in lieu of fees as under the present system. Salary in lieu of fees. Section 2. The salary of the solicitor-general of the judicial circuit shall be the sum of $3,400.00 per annum, in addition to the sum of two hundred fifty dollars ($250.00) per annum prescribed in paragraph 1, section 13 of article 6 of the Constitution of the State of Georgia; which said salary herein fixed shall be paid out of the general treasuries of several counties of said circuit, in the amounts as follows: Salary $3400. Pulaski County shall pay the sum of $450.00 per annum. Bleckley County shall pay the sum of $450.00 per annum. Apportionment among counties. Dodge County shall be the sum of $650.00 per annum. Telfair County shall pay the sum of $650.00 per annum. Wheeler County shall pay the sum of $450.00 per annum. Montgomery County shall pay the sum of $450.00 per annum. Treutlen County shall pay the sum of $300.00 per annum.

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And it shall be the duty of the ordinary, county commissioner, or other authority having control of county matters in each of said counties to cause the part or portion of said salary so assessed against each of said counties to be paid the solicitor-general in twelve equal monthly installments in each year, out of the funds of said counties, that is to say on the first of each month, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other authorities having control of county matters to make provision annually to pay said salary and said sums of money at the same time and in the same manner as the expenses of the superior courts are provided, and said salary is to be included by the county authorities in the sum fixed as expenses of the superior courts, in order to pay the part or portion of salary chargeable against their respective county as herein set forth; and the power to levy taxes, if necessary for such purpose, is hereby delegated to said counties. Said salary of $3,400.00 and the constitutional salary of $250.00 shall be in full payment for the services of said solicitor-general, for all traveling and other expenses, and for all sums paid out by said solicitor-general for clerical aid and legal assistance engaged or employed by him, except as provided in Section 5 of this Act. Salary to be full payment, including expenses. Section 3. In the distribution among officers of court of all costs, both in particular cases or matters and all insolvent costs, and all fines, forfeitures, and fees paid into the superior courts of the counties composing said judicial circuit, for which may become due and payable thereto, the said counties shall be subrogated to the rights and claims of the solicitor-general of said circuit and any former solicitor-general, and shall stand in their places and stead, and shall be entitled to all funds, moneys, and emoluments accruing to said office in said judicial circuit; and hereafter when orders on the insolvent fund or finding are entered and approved in behalf of other officers of court, instead

Page 818

of the same being entered and approved in the name of the solicitor-general as under the present system, the same shall be entered and approved in the name of the solicitor-general for use and benefit of the respective counties of said circuit. All costs both in particular cases and matters and all insolvent costs, and all funds, moneys, and emoluments accruing to the office of solicitor-general in said judicial circuit, under any laws theretofore or now existing or which may hereafter be enacted, shall be collected by the clerks of the superior courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries of their respective counties; all of which said sums shall be the property of said counties; that is to say, all sums collected from any and all cases and matters arising in any particular county shall be paid by the clerk into the treasury of that county and shall become the property of such county. Said clerks shall make certified written reports of the amounts so collected, and make payment and remittance to the treasurers or other custodians of county funds of said counties within thirty days after adjournment of each term of court held in their respective counties, and shall furnish a duplicate of said certified statement to the ordinaries, county commissioners, or other county authorities of such counties at the time of making such a statement and remittance to said county treasurer. Said clerks of the superior courts of said counties shall keep an accurate detail and exact record of all fees and emoluments, including insolvent costs, earned by said solicitor-general of said circuit, from any and all sources whatsoever, arising within their respective counties, and likewise keep a record of all sums collected by them under the provisions of this Act, and paid by them into the treasuries of their respective counties; and their books, records, vouchers, relating thereto shall be opened to the inspection of the public as other public records, and shall be subject of investigation and inquiry by the grand juries of said counties, and shall also be audited

Page 819

whenever the books and records of other county officials are audited. Subrogation to claims of solicitor-general. Section 4. The solicitor-general of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected, from any source whatsoever, in the various counties of said circuit. He shall review and verify the books, records, and vouchers of said clerks, as to all fees earned and cost collected; and it shall be his duty, at all times, to exercise supervision over the collection of all fines, fees, and forfeitures in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries of said counties, and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums whenever it becomes necessary. Accounting by solicitor-general. Section 5. Nothing in this Act shall be construed to affect the fees now allowed by law to solicitors-general of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State. Fees in appellate courts not affected. Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1933. TIFTON CIRCUIT SALARY FIXED. No. 42. An Act to abolish the fee system now existing in the superior courts of the Tifton Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore, and hereafter accruing to the office of solicitor-general in said circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general in addition to

Page 820

the salary prescribed in paragraph one of section thirteen of article six of the Constitution of this State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit in reference to the collection, payment, and disposition of all funds, monies, and emoluments accruing to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said solicitor-general; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, as follows: Section 1. The fee system now existing in the superior courts of the Tifton Judicial Circuit, as applied to the office of the solicitor-general, and all fees now or heretofore or hereafter accruing to the office of solicitor-general in said judicial circuit, be and the same are hereby abolished in so far as the same constitutes the compensation of said solicitor-general; but the same schedule of fees and costs prescribed under existing laws shall remain for the purposes of ascertaining the sum or sums to be paid into the treasuries or depositories of the counties composing said judicial circuit, as provided by section three of this Act, and the solicitor-general of said judicial circuit shall hereafter be paid a salary, as hereinafter provided, in lieu of fees as under the present system before the approval of this Act. Salary in lieu of fees. Section 2. The salary of the Solicitor-General of said judicial circuit shall be the sum of $3000.00 per annum, in addition to the salary of two hundred and fifty dollars ($250.00) per annum prescribed in paragraph one, section thirteen, article six of the Constitution of this State,

Page 821

which said salary additional to the constitutional salary of $250.00 per annum shall be paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say, each of the counties composing said judicial circuit shall pay such part or proportion of said salary as its population bears to the total population of all the counties in said circuit, according to the official Federal census of 1930, until completion and promulgation and publication of the next official Federal census, and then in like manner according to such succeeding Federal census, and so on according to each succeeding official Federal census. It shall be the duty, and it is hereby made the duty, of the ordinary, county commissioner or commissioners, or other authority having control of county matters in such said counties in said judicial circuit, to cause the part or portion of said salary so assessed each of said counties to be paid to said solicitor-general quarterly in each year, out of the funds of said county; that is to say, on the first day of April, July, October, and January, and upon regular county warrants issued therefor; provided however, the said county authorities in each of the said counties and the solicitor-general may agree that said payments shall be made at different times, and may be paid monthly, or even annually, or at times and terms so agreed upon; and it is further made the duty of said ordinaries, county commissioners, or other authorities having control of county matters to make provisions annually, when levying and collecting taxes for the expenses of court, for the levying and collection of sufficient taxes in their respective counties as hereinbefore set forth, for the purpose of paying the portion of said salary chargeable against their respective counties; and the power to levy taxes for such purpose is hereby delegated to and conferred upon said counties. Said salaries herein named, including the salary received from the State and the fees for services in Supreme Court and Court of Appeals, shall be in full payment for all services of said solicitor-general, for all traveling expenses incurred within

Page 822

the State, and for all sums paid out by said solicitor-general for clerical aid and legal assistance engaged or employed by him. Provided, however, should he be called upon by the county authorities to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the particular county having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such service. Salary $3000. Section 3. In the distribution among officers of the court of all costs, including particular cases or matters, all insolvent fees and costs, and all fines, forfeitures, and fees paid into the superior courts of the counties composing said judicial circuit, or which may become due and payable therein, the said county shall be subrogated to the rights and claims of the solicitor-general of said circuit, and any former solicitor-general (except only earned fees in solvent cases), and shall stand in their places and stead, and shall be entitled to all funds, monies, and emoluments accruing to said office in said judicial circuit; and hereafter when orders on the insolvent fund or other judgment or finding are entered or approved in behalf of other officers of the court, instead of the same being entered and approved in the name of the solicitor-general (as under the present system), the same shall be entered and approved in the name of the solicitor-general for the use and benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures, and fees, and all funds, monies, and emoluments accruing to the office of solicitor-general in said judicial circuit, under any laws heretofore or now existing or which may hereafter be enacted, shall be collected by the clerks of the superior courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries of their respective counties; that is to say, all sums collected from any and all cases or matters arising in any particular, which under existing laws would

Page 823

be fees of solicitor-general, shall hereafter be paid by said clerk into the treasury of that county, and shall become the property of such county; said clerks shall make written reports, under oath, of the amount so collected, and make payments and remittances thereof to the treasurers or other custodians of county funds of said counties, within thirty days after the adjournment of each term of court held in their respective counties, and shall furnish a duplicate of such sworn statement to the ordinaries, county commissioner or board of commissioners or other county authorities of such counties at the time of making such statement and remittance to said county treasury. And upon the failure of said clerks to pay into the treasury of said county all of said funds so collected, according to the provisions of this Act, the proper county authorities whose duty it now is to issue executions against defaulting tax-collectors and county treasurers shall have the power, and it shall be his, her, or their duty, to issue execution in like manner against the clerk of said court and his bondsmen for such sums as said clerk may have failed to pay into the treasury; and said clerk shall have the right or his bondsmen shall have the right to file any defense to said execution by affidavit of illegality that he or his bondsmen could file and plead if suit were filed upon his said bond. The proceedings in all such cases shall be governed and controlled in the same manner as now provided by law in cases where execution is isssued against defaulting collectors, both as to the enforcement of said execution and any defense filed thereto. Said clerks of the superior courts of the said counties shall keep an accurate, detailed, and exact record of all fees and emoluments, including insolvent costs, earned by said solicitor-general of said circuit from any and all sources whatsoever arising in their respective counties, and likewise keep a record of all sums collected by them under the provisions of this Act, and paid by them into the treasuries of their respective counties; and their books, records, and vouchers, relating thereto shall be open to the inspection of the public

Page 824

at all times, and shall be the subject of investigation and inquiry by the grand juries of said counties, and shall be audited whenever the books, records, and accounts of all county officials are audited. The funds arising from this source shall be credited by the county treasurer or depository to the item of court expenses, and shall be used for that purpose and none other; and as against this particular fund the solicitor-general's salary shall be a first and prior lien and charge. Subrogation to claims of solicitor-general. Section 4. The solicitor-general of said circuit is hereby made chargeable with the duty of justly and accurately accounting to the said clerks of the superior court in said circuit for all fees earned and collected and costs collected from any source whatsoever in the various counties of said circuit; and at the conclusion of each term of court he shall review and verify the books, records, and vouchers of said clerks, as to all fees earned and costs collected; and it shall be his duty at all times to exercise supervision over the collection of all fines, fees, and forfeitures in all of the counties in said circuit, and to see that all sums of money accruing to the solicitor-general under existing laws are faithfully collected and accurately accounted for and paid into the treasuries of said counties; and it shall also be his duty to furnish his own services as attorney at law in the collection of all sums whenever it becomes necessary, and this he may do himself personally or through his legal assistant in any county, should he have an assistant in such county. Accounting by solicitor-general. Section 5. Nothing in this Act shall be construed to effect the fees and costs allowed under the existing laws to sheriffs and clerks of the superior courts of the counties comprising said Tifton Judicial Circuit, nor the fees allowed the solicitor-general for services in criminal cases in the Supreme Court and Court of Appeals of this State. Provided also, that nothing herein shall be construed to prevent the present solicitor-general from buying the interest of any past solicitor-general

Page 825

of said circuit in earned fees (but not including insolvent costs), and collecting same. Fees not affected. Section 6. This Act shall go into effect and become operative on and after the first day of April, 1933. Effective April 1, 1933. Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933.

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Part III.Municipal Corporations

Page 827

TITLE I. MUNICIPAL CORPORATIONS. ACTS. Alamo Mayor and Councilmen. Albany and Dougherty Consolidation. Alma, Territory Excluded from. Atlanta, Amendments to Charter of. Atlanta Budget Commission. Atlanta Educational Fund Increase. Atlanta Mayor's Term of Office. Atlanta Officers; Eligibility. Atlanta Officers; Eligibility. Atlanta Territorial Limits Extended. Augusta Attorney's Duties Increased. Augusta Health Department. Augusta Policemen's Pension. Augusta Retirement of Employees. Augusta Retirement Pension Act Repealed. Bainbridge School Trustees' Election. Bainbridge Territorial Limits. Baxley Mayor's Term of Office. Baxley Territorial Limits. Blackshear Elections, Hours for. Brunswick Depositories of Funds. Brunswick Voters; Tax Payments. Calhoun Candidates; Registration of Voters. Camilla Municipal Officers. Canton Street Taxes; Penalty. Carrollton Water and Light Commission. Cedartown Charter Amendments. College Park Charter Amendments. Colquitt Marshals; Repealing Act. Colquitt Mayor's Salary. Columbus Cemetery, Commons Land for. Columbus Employees' Insurance. Columbus Registrars; Voters. Commerce School Board. Crawfordville Marshal and Night-Watchman. Crawfordville Marshal and Night-Watchman. Decatur Territory Increase; Referendum. Deepstep Change of Boundaries.

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Dublin Tax-Assessors. East Point Taxes; Recorder; Voters. Eatonton Borrowing Authorized. Elberton, Amendments to Charter of. Elberton Light, Power, Sewerage, Water. Fairburn Sales, Election Required for. Fairburn Street Closing. Fitzgerald, Amendments to Charter of. Fitzgerald Publications of Notices, etc. Guyton New Charter. Hazlehurst Special Indebtedness. Homerville, Amendments to Charter of. Jackson, Amendments to Charter of. LaGrange, Amendments to Charter of. Lawrenceville Candidates and Voters. Leesburg, Amendments to Charter of. Linwood Town Jail. Lithia SpringsSee Salt Springs, infra. Lithonia School-Building Tax. Louisville Bonds of Officer. Macon and Bibb Consolidation. Macon Charter Amendments. Manchester Commission's Powers. Mountain Park Taxes; Voters. Newnan Insurance of Employees. Newnan Tax Returns. Newnan Taxes and Tax Payments. Newnan Water and Light Plant. North High Shoals Incorporated. Rome Charter Amendments. Savannah Charter Amendments. Savannah Charter Amendments. Savannah Public Education. Stone Mountain Election Hours. Thomaston New Charter. Thomaston Police; Arrests. Thomasville Water and Light Fund. Salt Springs Repeal: Referendum. Tifton, New Charter for. Willacoochee Charter Amendments. Wrightsville Charter Amendments. ALAMO MAYOR AND COUNCILMEN. No. 155. An Act to amend an Act entitled An Act to incorporate the Town of Alamo in the County of Montgomery (now Wheeler), State of Georgia; to define the corporate limits of said town; to provide for a mayor and aldermen and other officers for said town, etc.; and for other purposes, approved August 17, 1909, and the several Acts

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amendatory thereof, by amending Section four providing for terms of mayor and aldermen, Section eighteen providing for the filling of vacancies; and for other 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 referred to in the caption of this Act be and the same is hereby amended by striking all of Section four of said Act after the enacting clause, and inserting in lieu thereof the following: That on the first Tuesday in December next an election shall be held in the council chamber in said town for the election of a mayor and six councilmen. Of the councilmen so elected the three receiving the highest number of votes in said election shall serve for a term of two years, and the remaining three for a term of one year. The term of office of the mayor shall be two years, and until his successor is elected and qualified. Annually thereafter at the same time and place an election shall be held to fill the vacancies then occurring. The term of office of the councilmen shall be two years and until their successors are elected and qualified, except as hereinbefore provided. Any resident of said town shall be eligible to the office of mayor and aldermen of said town who has been a resident of said state twelve months, and a resident of said town six months, and who are qualified under the laws of the State to vote for members of the General Assembly. Election and terms of mayor and councilmen. Section 2. Be it further enacted by the authority aforesaid, that said original Act be amended by striking all of Section eighteen of said Act after the enacting clause and inserting in lieu thereof the following: That all vacancies occuring in the offices of said town shall be filled at any time by the mayor and council by appointment. In the event that the office of mayor or one or more of the councilmen shall become vacant by death, resignation, removal, or

Page 830

otherwise, said vacancy or vacancies may be filled by appointment and selection by mayor and councilmen in case of vacancy in the council, and by councilmen in case of vacancy in the office of mayor; and persons so elected shall be as duly qualified to fill such vacancies, provided they are qualifiefid to hold such office or offices, as if they were regularly elected by ballot of the qualified voters of said town. Should the mayor or any member of council fail or refuse to perform the duties of his office for a period of three consecuutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant, and the vacancy filled as hereinbefore provided. Vacancies. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. ALBANY AND DOUGHERTY CONSOLIDATION. No. 71. An Act to consolidate and combine the governmental functions and powers now vested in and exercised by the City of Albany, and the authorities thereof, with the governmental functions and powers now vested in and exercised by the County of Dougherty, and the authorities thereof; to create and give a name to a political subdivision of the State of Georgia, composed of the entire area of the County of Dougherty, and to provide a charter for such corporate entity, and at the same time to allow the same to remain a county within the meaning of the Constitution and laws of Georgia, with all the rights, powers, duties and liabilities, privileges, and jurisdictions of a county, except in so far as they conflict with the provisions of this act; to abolish any offices, boards, commissions, or courts now existing under the charter of

Page 831

the City of Albany, and any offices, boards, commissions, or courts now existing in the County of Dougherty; to combine any such offices, boards, commissions, and courts and to create new offices, boards, commissions, and courts for the purpose of exercising the powers vested in said courts or in such political subdivision or corporate entity, and the powers formerly exercised by the County of Dougherty and the City of Albany, or either of them; to define the duties, powers, and functions of and incident to such offices, boards, commissions and courts so created or combined, and to detail the method and scope of the operation thereof, and of the government of such political subdivision or corporate entity; to divide such political subdivision or corporate entity into zones or districts, and to provide for the future enlargement and contraction of such zones and districts, and to fix the rights and liabilities of the citizens thereof and the property therein, and of such political subdivision or corporate entity in reference thereto; to provide for a system of public schools in the territory embraced in Dougherty County, Georgia; to fix a maximum rate of ad valorem taxation to be levied in each of such zones or districts respectively, and to provide for the levy and collection of the ad valorem and school taxes, and license and occupation and all other taxes; to fix the liability of such political subdivision or corporate entity to the public and third persons with respect to transactions occurring in each of such zones or districts so created; to provide that no valid existing ordinance, rule, or regulation of the City of Albany, Georgia, nor any contract or right made or acquired by the City of Albany or County of Dougherty shall be affected by this Act, until and unless the same be changed by this Act or after the passage of this Act; to provide for an election for the ratification or rejection of this Act by the qualified voters of Dougherty County, said election to be held in the manner herein provided. Provided, that, except for the purpose of authorizing the elections herein provided

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for, this Act shall not become effective unless and until the Constitution of Georgia shall have been so amended as to authorize the provisions of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the territory and inhabitants embraced within the limits of the County of Dougherty in said State be and the same are hereby incorporated and made a body politic under the corporate name and style of The City of Albany, Dougherty County, Georgia; and said territory and inhabitants are hereby divided into two districts as follows, to wit: District No. 1, which shall embrace all of the territory now or hereafter embraced within the corporate limits of the City of Albany, and District No. 2, which shall embrace all of the territory now or hereafter embraced within the County of Dougherty and which is outside of the limits of said District No. 1. Said District No. 1 may have its boundaries increased or diminished, from time to time hereafter, by a vote, separately had, (a) by the voters in the territory to be included or excluded, and (b) by the voters in the remainder of said District No. 1, at elections as hereinafter prescribed. In addition to and notwithstanding the foregoing, said District No. 1, as now or hereafter constituted, shall continue to be a city within the meaning of the provisions of paragraph 9, section 2, article 6 of the Constitution, with reference to the city courts of Atlanta and Savannah and other like courts, and also within the meaning of the Constitution and laws with reference to all other matters, where the provisions of such Constitution and laws do not conflict with the provisions of this Act. Corporate name of merged city and county. Districts: No. 1, territory of city; No. 2, outside territory. Elections to change territory of district. City continued in what respects. Section 2. Be it further enacted, that all of the corporate and other powers, privileges, duties, and liabilities heretofore existing in the municipality of the City of Albany, or in any officer or agent thereof, with respect to the territory, property, or persons heretofore embraced within the limits

Page 833

of the City of Albany, be and the same are hereby vested in said new body politic, to wit, The City of Albany, Dougherty County, Georgia, with respect to the territory, property, and persons embraced in said District No. 1; and all of the powers, privileges, duties, and liabilities heretofore existing in the County of Dougherty, or in any officer or agent thereof, with respect to the territory, property, or persons heretofore embraced within the limits of the County of Dougherty, be and the same are hereby vested in said new body politic, to wit, The City of Albany, Dougherty County, Georgia, with respect to the territory, property, and persons embraced in said Districts Nos. 1 and 2. In addition to and notwithstanding the foregoing, said territory and inhabitants embraced within said Districts Nos. 1 and 2, shall be and continue a county within the meaning of the Constitution and laws of Georgia, with all of the rights, powers, duties and liabilities, privileges and jurisdictions of a county, except insofar as they conflict with the provisions of this Act. Former powers, etc., continued. Section 3. Be it further enacted, That all of said corporate and other powers, privileges, duties, and liabilities shall be exercised by, and are hereby vested in, a board of five (5) commissioners, to be elected by the qualified voters of said Districts Nos. 1 and 2, as hereinafter provided. Said commissioners shall have full power and authority to effectuate their own organization, and the carrying on of their business, as they may see fit; and to this end they are authorized and empowered to adopt and enact all such rules, regulations, and ordinances as they may deem best, both for the government of themselves and of all of their subordinate officers and agents, and also for the government of all persons within said Districts Nos. 1 and 2, provided the same do not conflict with the laws of the United States or of the State of Georgia; provided, that all ordinances, before they shall pass, shall be read twice, and each reading at separate meetings, regular or special, on separate days, and

Page 834

the first reading shall be at a regular meeting of said commissioners; provided, that both readings of said ordinance may be had at the first meeting upon unanimous consent of all of the commissioners in office to that effect. All ordinances and resolutions shall be signed by the chairman of said commissioners or other officer presiding at the time of their passage, and countersigned by the clerical agent (hereafter provided for) of The City of Albany, Dougherty County, Georgia, or his duly authorized assistant. All ordinances and resolutions shall be in writing, and have endorsed thereon the name of the commissioner introducing the same, and the dates of its readings. Such ordinances and resolutions shall be numbered and filed away and properly preserved by said clerical agent. There shall be kept by said clerical agent a regular ordinance and resolution book, in which all ordinances and resolutions, after their adoption, shall be fairly and accurately printed or engrossed, and the record of which shall be signed by the officer presiding at the meeting at the time of the adoption of the same, and countersigned by said clerical agent, or his duly authorized assistant under the seal of The City of Albany, Dougherty County, Georgia, which seal said commissioners shall provide, containing the words Seal of the City of Albany, Dougherty County, Georgia; provided, that nothing herein contained shall operate to prevent said commissioners from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions as do not conflict herewith. Said commissioners shall each receive a salary of $100.00 per month, except the chairman thereof, to be elected by said commissioners, who shall receive a salary of $150.00 per month; and said commissioners shall fix the compensation of all of the officers and agents named by said commissioners, and of their assistants, and shall have full power and authority to change such compensations, or to cease making such compensations, and abolish the office of the officer or his assistants occupying the same, or remove from office such officer or assistants occupying the same, at

Page 835

any and all times, and with or without cause or notice, at the pleasure of said commissioners. Powers vested in five commissioners. Ordinances. Clerical agent. Salary of commissioner $100 a month; chairman $150. Pay of officers, employees. Section 4. Be it further enacted, that said board of commissioners shall have the same power and authority to levy and collect taxes in said District No. 1 as is now exercised by the City of Albany and its officers and agents, and also the same power and authority to levy taxes in said Districts Nos. 1 and 2 as is now or hereafter exercised by counties, and their officers and agents, this including the power and authority now exercised by either the City of Albany or the County of Dougherty, in the collection of taxes for educational purposes, and taxes necessary to pay the principal and interest on the bonded indebtedness of the City of Albany or the County of Dougherty, and including the power to assess, levy, and collect a tax upon all property both real and personal, and choses in action, within the limits of District No. 1, not to exceed one per cent. per annum advalorem, and to collect a specific or occupation tax on all businesses, occupations, professions, callings, or trades, private or public, exercised within said District No. 1, as may be deemed just and proper and upon franchises and incomes in said District No. 1; and including also the power to fix the license on theatrical exhibitions, circuses and shows of all kinds, and on drays and hacks, hotels, boarding-houses, restaurants, fish-stands, billiards, pool, and other kind of tables, ten-pin alleys, butcher-shops, livery-stables, auctioneers, and upon all other classes or kinds of business, whether of like kind or not, legitimately coming within the police power of the city, when said theatrical exhibitions, circuses and shows of all kinds, drays and hacks, hotels, boarding-houses, restaurants, fish-stands, billiards, pool and other kind of tables, ten-pin alleys, butcher-shops, livery-stables, auctioneers, and other classes or kinds of business operate or are operated within the limits of said District No. 1. The taxing powers of said commissioners within the limits of said District No. 1, except as herein limited shall be as general, complete, and full

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as that of the State itself, and said taxes shall constitute a lien upon all of the property of the tax-payer or person liable, whether the same be ad valorem, license, or occupation taxes, or taxes of any other character, and shall take rank as provided by law for city taxes; and the taxes which must be levied in Districts Nos. 1 and 2 alike, shall have the same lien, character, and priority as county taxes; and all remedies now or hereafter existing for the enforcement of the payment of city taxes or county taxes, respectively, shall continue to be exercised by the proper officers of said The City of Albany, Dougherty County, Georgia; provided, however, that the taxes levied or collected by or under the authority of said commissioners as the successors of Dougherty County, and all revenue and income from every source collected by them or under their authority as the successors of Dougherty County, shall be kept separate and distinct from all other taxes and income from every source, and shall be applied solely to the use and benefit of said Districts Nos. 1 and 2, and to the obligations of Dougherty County, substantially in the same manner in which they would have been applied had this Act not been passed; and all taxes levied or collected by or under the authority of said commissioners as the successors of the City of Albany, including ad valorem, license, or occupation tax, and all others, and all revenue and income from every source collected or received by or under their authority as the successors of the City of Albany, shall be kept separate and distinct from all other taxes and income from every source, and shall be applied solely to the use and benefit of said District No. 1, and to the obligations of the City of Albany, substantially in the same manner in which they would have been applied had this Act not been passed. Indebtedness evidenced by bonds or otherwise may be incurred hereafter by a vote of the voters of said District No. 1, under the same rules, regulations, and conditions as may now or hereafter be provided for the incurring of indebtedness by municipalities; but the same shall be solely for

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the benefit of, and paid by, the property or persons located in said District No. 1. Indebtedness evidenced by bonds or otherwise, may be incurred hereafter by a vote of the voters of both said Districts Nos. 1 and 2, under the same rules, regulations, and conditions as may now or hereafter be provided for the incurring of indebtedness by counties; but the same shall be solely for the benefit of, and paid by, the property or persons located in both said Districts Nos. 1 and 2; and any and all of said evidences of said indebtednesses shall be in the name of said The City of Albany, Dougherty County, Georgia, but shall state whether the same is for the benefit of said District No. 1 alone, or for the benefit of both said Districts Nos. 1 and 2. Taxing powers. Bonded indebtedness. Section 5. Be it further enacted, that said The City of Albany, Dougherty County, Georgia, is hereby vested with the title to all property and rights and contracts and liabilities which have heretofore been vested in the municipality of the City of Albany, or in the County of Dougherty, or both, the same to be used and applied and paid as set out in Section 4 of this Act above. Title to property, etc. Section 6. Be it further enacted, that from and after the passage of a resolution by said commissioners to the effect that the proper officers and machinery have been provided for the operation of the new system in said The City of Albany, Dougherty County, Georgia, all offices or boards now existing either (1) under the charter and ordinances of the City of Albany, in or for said City of Albany, and (2) all (a) courts and (b) offices or boards now existing under the Constitution or laws of the State of Georgia in or for the County of Dougherty, except the superior court of Dougherty County, and the city court of Albany and the judge and solicitor thereof, shall be abolished, and all of their powers, rights, and duties shall thereupon respectively vest in, and be exercised by, (a) the city court of Albany and the judge thereof, and (b) said commissioners of The City of Albany, Dougherty County, Georgia, and the following

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named officials to be chosen by said commissioners, as follows: (1) All legislative and executive powers, duties, rights, and liabilities theretofore vested in the mayor or commissioners of the City of Albany, and all rights, powers, duties, and liabilities theretofore exercised by the county commissioners of Dougherty County, shall be vested in said commissioners of The City of Albany, Dougherty County, Georgia, and (2) all powers, duties, rights, and liabilities theretofore vested in the sheriff and his deputies, both of the superior court of Dougherty County, and of the city court of Albany, and in all constables of said county, and in the chief of police, and other police officers of the City of Albany, shall be vested in the executive agent of said The City of Albany, Dougherty County, Georgia, to be chosen by said commissioners, and (2) all powers, duties, rights, and liabilties theretofore vested in the clerk of superior court, clerk of the city court of Albany, clerk of court of ordinary, tax-collector, tax-receiver, and county tax-commissioner, and clerk and treasurer of the municipality now known as the City of Albany, and all powers not judicial now exercised by the ordinary, in said County of Dougherty, shall be vested in the clerical agent of said The City of Albany, Dougherty County, Georgia, to be chosen by said commissioners, and (4) all powers, duties, rights, and liabilities theretofore vested in the judge of the city court of Albany, and the justices of the peace of Dougherty County, Georgia, and their courts, as well as all judicial powers which had theretofore been exercised by the ordinary of said county, or the court of ordinary thereof, or by the mayor of the City of Albany, or by the recorder, or the recorder's court, of the City of Albany, or by any other judicial officer or tribunal of the City of Albany, shall be vested in the city court of Albany, and the judge thereof, and (5) all powers, duties, rights, and liabilities theretofore vested in all other officials or boards, existing either under the charter of the City of Albany in and for the City of Albany, or under the Constitution and laws of Georgia, in

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and for the County of Dougherty, shall be vested in said commissioners of The City of Albany, Dougherty County, Georgia, and may be by such commissioners, from time to time, delegated to and vested in any other official or tribunal which said commissioners of The City of Albany, Dougherty County, Georgia, may by resolution or ordinance establish and define. Said city court and the judge thereof shall try and dispose of all cases in The City of Albany, Dougherty County, Georgia, now or hereafter within the jurisdiction of justices of the peace and notaries public who are ex-officio justices of the peace, as well as all cases now within the jurisdiction of the mayor's court or the recorder's court of the City of Albany; and in so doing shall follow, as far as practicable, the same practice and mode of procedure now obtaining in said abolished tribunals, and any party to any of said cases mentioned in this sentence shall have the same right of appeal and certiorari now or hereafter allowed by law as to cases tried in said tribunals abolished by this Section. Offices abolished, powers and duties transferred. City court. Section 7. Be it further enacted, that from and after the passage of said resolution by said commissioners to the effect that the proper officers and machinery have been provided for the operation of the new system in said The City of Albany, Dougherty County, Georgia, the city court of Albany shall continue as a city court within the meaning of the provisions in article 6, section 2, pararaph 5, of the Constitution of Georgia, relating to the city courts of Atlanta and Savannah and such other like courts as have been or may be hereafter established in other cities; and in addition to the powers and duties now given to said city court and the judge thereof by law, the judge of said court shall (1) also exercise all of the judicial powers and duties now exercised by the ordinary of Dougherty County, and by the court of ordinary of Dougherty County, and (2) shall also exercise all of the judicial powers now exercised by the mayor of the City of Albany, or the recorder of the City of

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Albany, or any other official of the City of Albany authorized to perform judicial functions, and (3) shall also have vested in him all of the powers and duties which could be exercised by any judicial officer in juvenile-court matters in the territory now embraced in said Districts Nos. 1 and 2 above, and (4) said judge shall also have vested in him all of the powers and duties which could now be exercised by any justice of the peace of Dougherty County, Georgia, or any notary public who is ex-officio justice of the peace of Dougherty County, Georgia. City court. Judicial powers of ordinary, mayor, recorder, etc., vested in city court. Section 8. Be it further enacted, that the territorial limits of said District No. 1 may hereafter be increased or diminished, in the following manner: Upon a petition being presented to said commissioners of The City of Albany, Dougherty County, Georgia, stating that the qualified voters of a certain territory, describing said territory accurately by metes and bounds, which territory is either (a) already wholly within the limits of District No. 1, or (b) wholly without the limits of said District No. 1, but wholly within the limits of District No. 2, and abutting upon said District No. 1, desire that said described territory be (a) withdrawn and excluded from said District No. 1, or (b) annexed to and included in said District No. 1, as the case may be,said petition to be signed by a majority of the qualified voters in the said described territory to be changed, and in no event by less than fifty qualified voters,then and in that event it shall be the duty of said commissioners of The City of Albany, Dougherty County, Georgia, to examine said petition, and check the number of qualified voters signing the same, against the number of qualified voters residing within the territory to be changed, using such assistants as said commissioners may deem proper; and if said petition be found by said commissioners to comply with the provisions of this section, the said commissioners shall as soon as possible, and certainly within 20 days after the presentation of said petition to them, order simultaneous elections

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to be held as soon as possible thereafter in compliance with the provisions of this Act as to notice of said elections, (a) in the territory sought to be changed, and (b) also in all of District No. 1 exclusive of said territory sought to be changed; and if a majority of the votes cast in both of said territories favor the granting of said petition then the prayer of said petition, shall ipso facto be granted, and the territory embraced in said described territory shall have the new status prayed for in said petition, from the date of the final declaration of the results of said elections; but if in either of said elections a majority of those voting therein shall fail to vote in favor of the granting of the prayer of said petition, then and in that event the status of said territory described in said petition shall remain as it was at the time of the presentation of said petition. Notice of said elections shall be given by said commissioners by publishing such notice in the official gazette in which the official advertisements are made in and for said The City of Albany, Dougherty County, Georgia, for at least 30 days prior to said elections, said notice to describe the territory to be changed in the same manner in which it is described in said petition. Other elections, intended to change either (a) the same territory, or (b) different territory, from that intended to be changed by the first election hereunder, may be had from time to time; but no such election intended to change any of the same territory shall be held within two years of one another, and not more than two elections for the purpose of changing any territory embraced in said Districts No. 1 or No. 2 shall be held in any two years. Except where otherwise ordered by said commissioners, said elections shall be held in the same manner and by the same persons and under the same rules and regulations as are prescribed by sections 440 et seq., of the Code of 1910 of Georgia, with reference to elections on the subject of incurring debts, except that it shall not be necessary for a two-thirds majority to vote in favor of granting the prayer of said petition, and except that said commissioners shall have

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power and authority, by resolution or ordinance, to make additional regulations not inconsistent with this Act, to facilitate the holding of said elections. Those voters desiring the grant of the prayers of the petition on which each such election is based shall have written or printed on their ballots, the words For granting of the petition of theday of19, filling out the blanks with the date of the presentation of the petition; and those voters opposing the grant of the prayers of said petition shall have written or printed on their ballots the words Against the granting of the petition of theday of19. Change of territory in district, election as to. Section 9. Be it further enacted, that if this Act be ratified by the voters of said Districts Nos. 1 and 2 as hereinafter provided, the ordinary of Dougherty County, Georgia, shall as soon as possible thereafter, and certainly within 10 days thereafter, order an election to be held by the qualified voters of said Districts Nos. 1 and 2, for the election of five Commissioners of The City of Albany, Dougherty County, Georgia, which election shall be held by the qualified voters of Dougherty County, Georgia, in the same manner and under the same rules and regulations as are now provided by law for the election of members of the General Assembly in said County of Dougherty. Said election shall be held as soon as possible after the same is ordered, and notice thereof shall be given by said ordinary by publishing such notice in the official gazette in which the official advertisements of said Dougherty County are published, once a week for two weeks prior to the time when said election shall be held. The five persons receiving the highest number of votes at said election shall be duly declared the Commissioners of The City of Albany, Dougherty County, Georgia; but in case two or more persons included in those five or more receiving the highest number of votes shall receive a less number of votes than some of the others, but an equal number of votes with some of the others, then and in that event the one or more of those persons receiving the

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highest number of votes shall be declared elected as such commissioners, and those two or more of them receiving the lower and equal number of votes shall have settled by lot, under the direction of the ordinary, the question as to which of those receiving said lower and equal number of votes shall be declared commissioners of The City of Albany, Dougherty County, Georgia. Said commissioners first elected shall hold office until the general election held on Tuesday after the first Monday in November, 1936, and until their successors are chosen and qualified. In said general election in 1936, and quadrennially thereafter, new commissioners shall be elected at each general election held on Tuesday after the first Monday in November; and the above provision as to settling tie votes by lot shall apply to all of said elections of commissioners, with the person then performing the duties of ordinary taking the ordinary's place. Said first elected commissioners shall go into office immediately after their election, but all subsequent commissioners shall go into office January 1 st following their elections. In case a vacancy occurs among said commissioners for any reason other than by the expiration of the terms for which they are elected, said vacancy shall be filled by vote of the remaining commissioners then in office. Election of commissioners. Section 10. Be it further enacted, that no valid existing statute of the State, or ordinances, rules, or regulation of force in the City of Albany, Georgia, nor any contract or right, or regulation, made or acquired either by the City of Albany or the County of Dougherty, shall be repealed or affected in any way by this Act, unless the same be changed by necessary implication in the terms of this Act, or be changed by an ordinance or resolution of said commissioners after this Act becomes operative; and it is especially the purpose and intent of this Act to preserve in full force, so far as the same can be made applicable under the changed conditions, (a) the provisions of Sections 1 and 2 of the Act approved August 6, 1924, and found embodied in the Acts

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of 1924, pp. 397 and 404, inclusive, and (b) the provisions of Sections 4 and 5 of the Act approved August 6th, 1924, and found embodied in the Acts of 1924, pp. 411 to 422, inclusive; but the enumeration of said sections shall not be construed to imply that any other part of the charter or laws now governing the municipality known as the City of Albany shall not continue of force, so far as applicable under the changed conditions, after the passage of this Act. The enumeration of the powers contained in this Act shall not be construed as restrictive, but said The City of Albany, Dougherty County, Georgia, said commissioners, may exercise all of the powers, rights, and jurisdictions which they might have if such enumeration were not made; and said commissioners may pass all laws and ordinances, rules and regulations, which they may deem needful and proper for the general welfare of said Districts Nos. 1 or 2, or both; and where, under this Act, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, said commissioners may prescribe the method of exercising them, or they may prescribe additional regulations and modes of prcedure, not repugnant to the purposes and intents of this Act nor to the laws of this State;said commissioners having full power and authority to repeal or modify any ordinance or resolution heretofore passed by any governing body under any charter of the City of Albany. Effect of this Act as to other laws. Section 11. Be it further enacted, that no candidate for the offices of commissioner shall expend or promise any money, office, employment, or other thing of value to secure a nomination or election or a vote. No persons shall be eligible to the office of commissioner unless he is a qualified voter, at least 25 years of age, and for two years immediately prior to the time as of which he is entitled to qualify he shall have been a bona fide resident of the said The City of Albany, Dougherty County, Georgia, and shall continue during his term of office as such bona fide resident. The

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chairman of said commissioners shall preside at all meetings thereof, and perform all other duties consistent with the office, as may be imposed upon him, and shall have a vote and voice in all proceedings before said commissioners, but no veto. Said chairman may use his title as such in any case in which the execution of legal instruments of writing, or other necessity, arises, where the general laws of the State, or the former laws and ordinances of the City of Albany, not conflicting with this Act, so require it. In the case of the absence, death, or disability or inability from any cause of said chairman to act, then any other member of said commissioners may by the other members be designated to act, and such appointee shall have all of the powers and privileges of the chairman. Said chairman shall be recognized as the official head of said The City of Albany, Dougherty County, Georgia, by the courts for the purpose of service of process, and by the Governor and Federal authorities for military and ceremonial functions. In time of danger or emergency said chairman may, with the consent of two commissioners, take command of the police and govern said District No. 1 by a proclamation, and maintain order and enforce laws. Each commissioner shall, before qualifying and entering upon the discharge of his duties, take and subscribe upon the minutes of said commissioners the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as a commissioner of `The City of Albany, Dougherty County, Georgia,' during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of said corporate body and the inhabitants thereof; and that I will not willfully or knowingly use, or be the cause of using, tyrannical means towards any citizen or portion of the citizens or persons located in said `The City of Albany, Dougherty County, Georgia; ' so help me God. Prohibited promises or use of money by candidates. Qualifications of commissioners. Chairman's duties. Absence of chairman. Powers. Oath. Section 12. Be it further enacted, that said merged government shall be substituted for the City of Albany and the

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County of Dougherty, in all valid contracts made by either. All pending suits and all rights of action now existing, either in tort or in contract, against either the city or the county, shall be preserved against the merged government. It may be sued for act of omission or commission, done or omitted to be done in District No. 1, on the same terms, and subject to the same limitations as the City of Albany may now be sued. For acts done in District No. 2 it may be sued on the same terms and the same limitations as the County of Dougherty may now be sued. District No. 1 shall be liable for all of the debts of the City of Albany, including bonded indebtedness; and both districts shall be liable for all of the debts of Dougherty County, including bonded indebtedness, but the new government shall not be liable for any debts, including bonds, of any other political subdivision in the county. Substitution of merged government in contracts, suits, etc. Section 13. Be it further enacted, that no one of said commissioners, or other officer or employee, shall enter into any contract with the merged government, and no firm or corporation of which he is a member, or in which he is pecuniarily interested, shall enter into any contract with the merged government. Prohibited pecuniary interest of officer, etc. Section 14. Be it further enacted, that said commissioners shall have full power and authority to continue the present school system existing in the City of Albany, and in the County of Dougherty, or consolidate the same into one system, and shall have full power and authority to make all laws, rules, and regulations which they may deem best for the proper operation of a school system, or school systems, in said The City of Albany, Dougherty County, Georgia, and have full power to abolish all offices or create new offices, in this connection, as they see fit; and said merged government shall have, in said District No. 1, all rights of taxation, for educational as well as other purposes, now exercised by or under the authority of the City of Albany or any of the laws in force therein; and shall also have, in said

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District No. 2, all rights of taxation for educational purposes, now exercised by or under the authority of the County of Dougherty, or any of the laws in force therein; this in addition to the other powers which said merged government may exercise in said District No. 2. School system. Section 15. Be it further enacted, that no public utility, or any property used in connection therewith, and necessary for the maintenance of the same, now owned or controlled by the City of Albany, or hereafter acquired by funds belonging to said District No. 1, shall ever be sold, leased, or otherwise disposed of, unless the contract for such sale, lease, or other disposition shall have at first been assented to by two thirds of the qualified voters of said District No. 1 at an election held for that purpose, in the same manner, and under the same regulations as govern a municipality in holding an election on the question of incurring a debt. Sale or lease of public utilities, election as to. Section 16. Be it further enacted, that, except for the purposes of authorizing the elections herein provided for, this Act shall not become effective unless and until the Constitution of Georgia shall have been so amended as to authorize the provisions of this Act, and then shall not be effective unless a majority of the qualified voters of Dougherty County voting on the subject at said election shall also ratify and adopt and put in operation the terms of this Act, in the following manner: At said election all persons voting on said question shall have written or printed on their ballots the words For Ratification of Dougherty County Merger Act, or the words Against Ratification of Dougherty County Merger Act; and shall a majority of the votes cast in said election on said subject in Dougherty County have on them For Ratification of Dougherty County Merger Act, then this Act shall become of full force and effect immediately after the result of said election has been declared; otherwise thisAct shall be null and void. Act not effective until authorized by amendment of constitution and by election.

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Section 17. Be it further enacted, that if any part of this Act shall be held to be unconstitutional, such part shall not affect the remaining portion of said Act. Act not invalidated by void part. Section 18. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 27, 1933. ALMA, TERRITORY EXCLUDED FROM. No. 200. An Act to provide for the exclusion of certain lands from the corporate limits of the City of Alma in Bacon County, State of Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act certain real estate situate in the fifth land district of originally Appling, now Bacon County, Georgia, and consisting of twenty-five (25) acres of lot of land No. 281, and bounded on the west by the present limits of the City of Alma, on the north by Bear Branch, on the south by Douglas Lane, and on the east by lands of Vianna Smalley, and being the property of Mrs. M. E. Smith; also twenty-five (25) acres, of lot of land No. 281 in the fifth district of originally Appling, now Bacon County, Georgia, bounded on the west by lands of Mrs. M. E. Smith, on the north by Bear Branch, on the south by Douglas Lane, and on the east by lands of Mrs. M. E. Smith and Vianna Smalley, and being the property of Mrs. Vianna Smalley; also twenty-five (25) acres of lot of land No. 281 in the fifth land district of originally Appling, now Bacon County, Georgia, bounded on the west by lands of Vianna Smalley, on the north by Bear Branch, on the east by lands of C. H. Wheeler, and on the south

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by Douglas Lane, and being the property of Mrs. M. E. Smith and Vianna Smalley, be and the same is hereby excluded from said limits of said City of Alma in said Bacon County, Georgia. Excluded territory. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 21, 1933. ATLANTA, AMENDMENTS TO CHARTER OF. No. 213. An Act to amend an Act establishing a new charter for the City of Atlanta, approved Febuary 28th, 1874, and the several amendatory acts 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 28th, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. That the charter of said City, as published in the City Code of 1924, be amended by striking therefrom section 110 as set out in said Code, and more particularly set forth as section 4 of an act to amend the charter of the City of Atlanta, found in Georgia Laws of 1912, page 566, said section providing a method by which any citizen can complain of the return of any taxpayer as false and fraudulent. Said provisions are hereby stricken. Complaint of tax-return. Ga. L. 1912, p. 566, Sec. 4 (City Code, 1924, Sec. 110); section stricken. Section 2. When the first or third Monday falls on a day declared a public holiday under the laws of the State, the meeting of the general council on said date, as now fixed by the charter, shall not be held on such holiday, but shall be

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postponed to the Tuesday following said first or third Monday, at the same hour as now provided. Council meetings on Tuesday when Monday is holiday. Section 3. The present provisions of the charter, whereby the clerk of council is required to issue executions against persons liable for taxes, are hereby amended so that said execution shall be issued and signed by one member of the board of tax-assessors and receivers, instead of the clerk of council as now provided. Said tax-assessors and receivers shall keep a record of the fi. fas. so issued, and all books and memoranda necessary to advise the public of the city thereof. Tax fi. fas. by member of board of tax-assessors instead of clerk of council. Section 4. That said Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, as amended by an Act of the General Assembly of 1925, annexing certain parcels of land, among them parcel five, beginning in the center of Sylvan Road at a point there named, and running thence east, north, and east to Stewart Avenue, and the remainder of the boundaries therein described as the then city limits, be stricken, and the city limits be left as they were at said place prior to the said amendment adding said fifth parcel to the corporate limits of the City of Atlanta. Former limits of city restored as to certain territory. Section 5. The mayor and general council are authorized to provide, by ordinance, regulations by which citizens of Atlanta, unavoidably absent at the time an election may be held therein, may vote in general elections held by said city, and providing that said requirement shall cover primary elections held therein for the purpose of nominating officers to be voted on in such general elections. The authority shall be full and complete, and it shall authorize said governing authorities to provide a general system by which such absent voters may be permitted to vote, and to further provide plans by which possible frauds will be prevented, and designating when the ballots of such absentees shall be counted; and these provisions shall apply not only to the officers holding

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general elections in said city, but also to any committee or other officials holding primaries at which nominations are made for such offices. Said authity shall provide how the vote shall be transmitted, and shall establish rules under which the absent voter may avail himself of this privilege, such as notice, applications for ballots, method of forwarding the ballot, entries on the envelope, receipt and delivery of ballot, posting list of voters, and any other power necessary to carry out and effectuate the purpose of this amendment. Authority to provide for voting by absent voters. Section 6. The mayor and general council may, in its discretion, provide a pension for Mrs. Mary Phillips, widow of James H. Phillips who was employed by said city from 1881 to 1921 continuously, and a pensioner from 1921 to the date of his death in 1927, the same to be paid in monthly installments and not to exceed the pensions now payable to widows of city employees under a general law approved August 20, 1927, and amended August 13th, 1929. Pension for Mary Phillips. Section 7. Be it further enacted, that all laws and parts of laws in conflict with this measure be and the same are hereby repealed. Approved March 23, 1933. ATLANTA BUDGET COMMISSION. No. 261. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several acts

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amendatory thereof, be and the same are hereby amended as follows: Section 1. In addition to existing provisions of the charter of said city, there is hereby created a Budget Commission, consisting of the mayor, comptroller, chairman of the finance committee, and two other members of the general council, same to be elected by the general council as soon as this particular charter amendment has been enacted. Said two members shall serve for the balance of the calendar year. Thereafter said two members, being the two members elected from general council, shall be elected to membership on the budget commission immediately after the organization annually of the general council, on the first Monday in January, and shall thereafter serve during the following calendar year. Budget commission created. Election. Such budget commission shall, on or before the first Monday in December of each year, estimate the amount of the receipts of the City of Atlanta from all sources for and during the following year, and shall prepare from said estimated receipts a tentative budget of receipts and appropriations for the following year. Duties. Said budget shall be presented to the general council on the first Monday in December of each year, and shall thereupon be referred to the finance committee, and this committee shall report said budget or an amended budget back to the council at the next regular meeting, or at a called meeting before the next regular meeting. The finance committee shall have the right to recommend changes, and the general council shall have the right to adopt amendments to said budget as so prepared, but they shall make no changes in the estimated receipts set up in the tentative budget by the budget commission, nor shall they make any appropriations in excess of the estimated receipts so prepared. Changes of budget.

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Said budget commission shall have the right at any time, within their discretion, to reduce or increase the estimated receipts and appropriations. The general council shall have the right to make transfer of funds from one department to another, or from one division of a department to another in the same department, just as now provided. Transfer of funds. The general council shall not entertain a motion, resolution, or ordinance increasing the receipts as estimated and presented by the budget commission. If same is attempted, any effort therefor shall be void, and the comptroller is forbidden to recognize such action and prepare vouchers thereon. Forbidden action by council. The members of the budget commission shall be personally liable for over-anticipation of receipts, in the same manner as now provided by law for members of general council; and the members of the general council are relieved from such liability. Personal liability of members. The charter provisions with reference to the finance sheet so called, or preparation of estimates of receipts and expenditures for current year, are hereby amended so as to conform to the foregoing. Where there is any conflict with the present provisions of the charter and the provisions of this section, the latter shall prevail. Conflict of this section with charter. Section 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 March 23, 1933.

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ALANTA EDUCATIONAL FUND INCREASE. No. 41. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, nd the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. That the section of the city charter codified in section 375 of the City Code of 1924, be and the same is hereby amended by striking from subsection (c) the words and figures twenty-six (26%) per cent., and inserting in lieu thereof the words and figures thirty (30%) per cent., so that said section when so amended will read as follows: Increase of school fund to 30% of city's income. Section 375. Funds delivered to the Board of Education.The Mayor and General Council of the City of Atlanta shall appropriate and deliver to the Board of Education, free from any charge in reference to the city bonds for school purposes or the interest on the same, or the sinking-fund on same, to be used by said board of education in maintaining and expanding the public-school system of Atlanta, the following sums or funds each and every year: (a) The State appropriation or fund received by the City of Atlanta out of the State Treasury of the State of Georgia for educational purposes. (b) Also the yearly non-resident tuition fund received by the said City of Atlanta. (c) Also not less than thirty (30%) per cent. of the total income of the City of Atlanta, from all sources.

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Section 2. Be it further enacted, that an emergency is declared to exist, and this law is to take effect as of January 1, 1933. Emergency Act effective Jan. 1, 1933. Section 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 February 20, 1933. ATLANTA MAYOR'S TERM OF OFFICE. No. 237. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that 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, be and the same are hereby amended as follows: Section 1. That the term of office of the mayor of the City of Atlanta is hereby fixed for a term of two (2) years, with the right on the part of the mayor to succeed himself; and the present provision making the term of the mayor four (4) years, as provided in section 3 of an Act amending the charter of the City of Atlanta, approved July 27, 1929, is hereby repealed. This amendment shall take effect at the end of the term of the present mayor. Mayor's term 2 years; right to succeed himself. Effective after present term. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933.

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ATLANTA OFFICERS; ELIGIBILITY. No. 13. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. That the provisions of charter of said city embodied in section 427 of the City Code of 1924, making it unlawful for any person holding an office or position of trust or emolument or regular employment, under appointment by the Governor of Georgia, to hold the position of mayor, alderman or councilman of the City of Atlanta, or other positions there named, by adding thereto the following: None of the prohibitions above referred to shall apply to any one holding a commission or membership in the National Guard or Officers Reserve, or on the Governor's Staff, or any similar honorary appointment, or any office or position created by or connected with the Military Department of the State of Georgia, or the Federal Government. Eligibility for city council, etc. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1933.

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ATLANTA OFFICERS; ELIGIBILITY. No. 94. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Duplicate of Act next above. Section 1. That the provisions of charter of said city embodied in section 427 of the City Code of 1924, making it unlawful for any person holding an office or position of trust or emolument or regular employment, under appointment by the Governor of Georgia, to hold the position of mayor, alderman or councilman of the City of Atlanta, or other positions there named, by adding thereto the following: None of the prohibitions above referred to shall apply to any one holding a commission or membership in the National Guard or Officers Reserve, or on the Governor's Staff, or any similar honorary appointment, or any office or position created by or connected with the Military Department of the State of Georgia, or the Federal Government. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. ATLANTA TERRITORIAL LIMITS EXTENDED. No. 366. 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,

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be amended by incorporating within the limits of said city the following tract of land, to wit: Beginning at a point on the line separating Fulton and DeKalb Counties, at a point which forms the corners of land lots 2 and 3 of the 17th district of Fulton County, and land lots 55 and 56 of the 18th district of DeKalb County, and running thence east along the line of the present city limits 1140.5 feet; thence south 760 feet; thence a little south of west, along the line between the property of Hylan Park Corporation and S. J. Pattillo, 545 feet; thence west along said line between Hylan Park Corporation and S. J. Pattillo 325 feet to the west side of a street known as Bonnie Lane; thence in a southwesterly direction along the westerly side of Bonnie Lane across Reeder Circle and across Zimmer Drive (where Bonnie Lane ends), and continuing in the same direction along the west side of P. L. Burpitt to the present city limits, the entire distance of said line being 779.6 feet, and the point where said line intersects the present city limits being 221.2 feet southwesterly from Zimmer Drive; thence north along the present city limits, which is the line between Fulton and DeKalb Counties, 1170 feet to the point of beginning; all of said tract of land being situated in land lot 55 of the 18th district of DeKalb County, Georgia. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof be amended as follows: Section 1. The limits of said city are hereby extended so as to include and embrace therein the following tract of land, to wit: Beginning at a point on the line separating Fulton and DeKalb Counties, at a point which forms the

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corners of land lots 2 and 3 of the 17th district of Fulton County, and land lots 55 and 56 of the 18th district of DeKalb County, and running thence east along the line of the present city limits 1140.5 feet; thence south 760 feet; thence a little south of west, along the line between the property of Hylan Park Corporation and S. J. Pattillo, 545 feet; thence west along said line between Hylan Park Corporation and S. J. Pattillo 325 feet to the west side of a street known as Bonnie Lane; thence in a southwesterly direction along the westerly side of Bonnie Lane across Reeder Circle and across Zimmer Drive (where Bonnie Lane ends), and continuing in the same direction along the west side of P. L. Burpitt to the present city limits, the entire distance of said line being 779.6 feet, and the point where said line intersects the present city limits being 221.2 feet southwesterly from Zimmer Drive; thence north along the present city limits, which is the line between Fulton and DeKalb Counties, 1170 feet to the point of beginning; all of said tract of land being situated in land lot 55 of the 18th district of DeKalb County, Georgia. Added territory in 18th district of DeKalb county, land lot 55. Section 2. The power and authority of the City of Atlanta under its present charter and ordinances and all 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 the passage of this Act. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, 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

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this Act. The power of the Health Department, Police Department, City Tax-Assessors and Receivers, Tax-Collector, Marshal, 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 likewise made subject to all the bonds heretofore issued by the City of Atlanta, and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. Laws and obligations extended to include new territory. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. AUGUSTA ATTORNEY'S DUTIES INCREASED. No. 243. An Act to amend the charter of the City of Augusta, providing that the city attorney shall be ex-officio attorney for Richmond County Department of Health for said city and county, without any extra compensation. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the approval of this Act the charter of the City of Augusta be and the same is hereby amended, making the attorney elected by the City Council of Augusta and denominated as the city attorney, ex-officio attorney for Richmond County Department of Health, without any additional compensation other than that provided for him by the City Council of Augusta as such city attorney. City attorney to be attorney ex-officio for county board of health. Section 2. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1933. AUGUSTA HEALTH DEPARTMENT. No. 224. An Act to amend an Act entitled An Act to repeal an Act entitled `An Act to authorize the City Council of Augusta to create a board of health for said city,' approved February 26, 1877; amended August 23, 1879; amended December 8, 1880; amended August 15, 1992; and amended August 2, 1924; to combine the board of health of the City of Augusta with the board of health for Richmond County, and said combined body to be known as the `Richmond County Department of Health,' the jurisdiction of said body to extend over both the city and the county, and for other purposes; so as to more clearly distinguish between the Richmond County Board of Health and the Richmond County Department of Health; and to amend the pension rules set forth in said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act an Act entitled An Act to repeal an Act entitled `An Act to authorize the City Council of Augusta to create a board of health for said city,' approved February 26, 1877; amended August 23, 1879; amended December 8, 1880; amended August 15, 1922; and amended August 2, 1924; to combine the board of health of the City of Augusta with the board of health for Richmond County, and said combined body to be known as the `Richmond County Department of Health,' the jurisdiction of said body to

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extend over both the city and the county; and for other purposes, be and the same is hereby amended as follows: Acts amended. (a) That the title of said Act be amended by striking from the eighth and ninth lines thereof the words Richmond County Department of Health, and inserting in lieu thereof the words Richmond County Board of Health. That Section 2 of said Act be amended striking from the fifth, sixth, seventh, and eighth lines thereof the words a Department of Health to be known as the Richmond County Department of Health, to be composed of (1) a county board of health; and (2) a commissioner of health, and inserting in lieu thereof the following words: a Board of Health to be known as the Richmond County Board of Health, to be composed (1) a county board of health to be composed as set out in Section 3 of said Act; and (2) a county department of health to be composed of the commissioner of health, his deputies, and such officers and employees as may be deemed necessary by the said County Board of Health. Board of health, how constituted. (b) That the sixth paragraph of Section 11, which reads as follows: Employees of the Richmond County Department of Health shall be eligible for pensions by the County Board of Health after they have been in the employ of the Richmond County Department of Health for not less than twenty-five years, and because of his or her age or physical condition he or she is unable to efficiently continue his or her duties in the Richmond County Department of Health. The amount of said pension shall not exceed for one year an amount equal to one half of the highest yearly salary received by said employee while in the employ of the Richmond County Department of Health. The County Board of Health is to formulate a set of rules and regulations which it deems necessary to govern the pension of its employees, and these rules and regulations shall be published in the same pamphlet containing the civil service

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rules as above mentioned, and shall be considered as a contract between the Richmond County Department of Health and the employees of the Department of Health. These rules may be amended from time to time as the County Board of Health may deem wise, but the employees of the Richmond County Department of Health shall be privileged to choose between the rules in force at the time of the beginning of their employment with the Richmond County Department of Health and the new rules as amended. Monies necessary to pay pensions shall from a legitimate in the budget of the Richmond County Department of Health. The time that any employee of the Richmond County Department of Health has served in the Board of Health for the City of Augusta or in the Richmond County Board of Health shall be counted as service in the Richmond County Department of Health, in so far as pensions are concerned, be stricken, and the following inserted in lieu thereof: That there shall be created a permanent pension fund for employees of the Richmond County Department of Health, and said fund shall be kept and accumulated only for the purpose hereinafter set out, and no warrant shall be drawn on said fund except for the payment of pensions to said employees in accordance with the terms hereinafter set out. That one and one half per centum of the monthly salary of all persons regularly employed by the Richmond County Department of Health shall be deducted and deposited in said permanent pension fund, and this provision shall be amendatory and shall govern every person now in the employment of the Richmond County Department of Health or that may hereafter be employed by said department. The Richmond County Board of Health shall appropriate to this fund such amounts from time to time as in its judgment may be necessary to effectually carry out the purpose of this Act. That any regular employee of the Richmond County Department of Health who is permanently disabled in the discharge of

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his duties from performing the duties of such position shall receive a pension of one half the amount of the highest salary of his or her position, said pension to be paid at the same time as salaries of other employees of said health department. Said pension shall be paid from the permanent pension fund, if there is sufficient money in said fund to pay said pension; if not, then said pension shall be paid by appropriation of the board of health. No employee shall be entitled to draw a pension for total permanent disability unless he or she is declared to be eligible for said pension as hereinafter set forth. Totally and permanently disabled shall mean that the employee is not able on account of disability received in the discharge of his or her duties, or because of his or her age or physical condition he or she is unable to efficiently continue his or her duties in the Richmond County Department of Health, nor ever will be; and no employee shall be declared to be totally and permanently disabled except upon the recommendation of three reputable physicians, after examination, who shall consider the case and make their findings. One of said physicians shall be selected by the Richmond County Board of Health; one by the employee; and these two shall select the third. The recommendation of the physicians shall state that they find him (or her) totally and permanently disabled from performing the duties of an employee of the Department of Health, or that they do not find him (or her) totally and permanently disabled from performing the duties of an employee of the Department of Health, and the majority report of the physicians shall govern. That should the report of the physicians hereinbefore mentioned state that they find the employee totally and permanently disabled from performing the duties of an employee of the Department of Health, the said employee shall be declared totally and permanently disabled and entitled to draw the pension hereinbefore set out, and his or her right to draw said pension shall

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date back to the time of the application. That whenever any employee of the Richmond County Department of Health shall have served for twenty-five years, he or she shall be permitted to retire from active service on his own written application, upon one half of the highest salary ever received by said employee. The only qualification necessary for a regular employee of the Richmond County Department of Health to draw said retirement pension shall be evidence that he or she has served efficiently for twentyfive years; such evidence shall entitle him or her to be eligible to draw the retirement pension. That retirement pension shall be paid out of the permanent pension fund for employees heretofore mentioned, if there be sufficient money in said fund; if not, then the retirement pension shall be paid by appropriation of the board of health. The time that any employee of the Richmond County Department of Health has served the Board of Health for the City of Augusta or in the Richmond County Board of Health shall be counted as service in the Richmond County Department of Health so far as pensions are concerned. These rules shall be considered and construed by all as a contract between the Richmond County Department of Health and/or the Richmond County Board of Health and the employees of the department, including those now employed by said department or who may hereafter by employed by the Richmond County Department of Health. In case of death or separation from the service for any cause, the employee, his or her heirs without administration, shall be refunded an amount in proportion to what he or she has paid in, less such amounts appropriated to any pensions in effect. Should any part of this Act be declared unconstitutional by the courts, the remainder not declared unconstitutional shall be valid and binding. The word employee, whenever used in this Act, shall mean every regular employee of the Richmond County Department of Health, not including laborers and incidental employees, but shall include

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all other positions up to and including the full-time health officer who is designated as commissioner of health in the Act creating the board. However, the officers and employees of the Richmond County Department of Health shall be privileged to choose between the rules in force at the time of the beginning of their employment with the Richmond County Department of Health and these rules; provided, however, that the part-time commissioner of health (Dr. E. E. Murphey) shall be retired upon pension earned while in the service of the City Council of Augusta, should he so elect. Monies necessary to pay pensions shall form a legitimate item in the budget of the Richmond County Board of Health. Pension fund. Amendment. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1933. AUGUSTA POLICEMEN'S PENSION. No. 222. An Act to amend an Act approved August 17, 1925 (Acts 1925, pages 867-872), entitled An Act to amend the Act approved July 31, 1923 (Acts 1923, pages 443 and 444), entitled `An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, Georgia; and for other purposes, as amended by the Act approved August 11, 1924 (Acts 1924, pages 450 and 451), entitled `An Act to amend an Act approved July 31, 1923, entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part-pay

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any employee of the City of Augusta, Georgia; and for other purposes, so as to provide for total permanent disability pensions and retirement pensions for the firemen of the City of Augusta, Georgia, and for other purposes; so as to extend the application of the Act approved August 17, 1925, as above entitled, to the policemen of the City of Augusta, 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 Act approved August 17, 1925, entitled An Act to amend the Act approved July 31, 1923 (Acts 1923, pages 443 and 444), entitled `An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part-pay any employee of the City of Augusta, Georgia; and for other purposes,' as amended by the Act approved August 11, 1924 (Acts 1924, pages 450 and 451), entitled An Act to amend an Act approved July 31, 1923, entitled `An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, Georgia; and for other purposes,' so as to provide for total permanent disability pensions and retirement pensions for the firemen of the City of Augusta; and for other purposes, be and the same is hereby amended so as to provide that all officers and privates of the police department of the City of Augusta shall be included and embraced within the provisions of said Act, so that wherever the words firemen, city firemen, or fire department appear in said Act, the same shall be amended to read firemen, city policemen, police department. Act amended. Amendment adding policemen, etc.

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Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same that wherever the words police appear, it shall mean regular policemen, and shall include all ranks from private to the chief of the department. Police defined. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that wherever the words chief of the fire department appear in said Act, it shall be amended so as to read chief of fire department or chief of police department. Section 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 the provisions of this Act be and the same are hereby repealed. Approved March 23, 1933. AUGUSTA RETIREMENT OF EMPLOYEES. No. 223. An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, be amended as follows: That whenever any employee of the City of Augusta, or any department thereof, except the fire and police departments, shall have served the city for twenty-five years, he or she shall be permitted to retire from active service on his or her own motion upon onehalf pay of the rank, position or job he or she may be

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holding at the time of said retiring, under the following terms and conditions: Retirement on half pay after 25 years service. (a) Any such employee wishing so to retire shall obtain from one of the official physicians of the City of Augusta, Georgia, a certificate to the effect that such employee is no longer fit competently and fully to perform the active duties of his or her position or job. Upon presentation of such certificate to the commission or committee, whichever it may be, that has control of the department in which said employee is employed, such committee or commission shall pass upon said matter, and, if they find the case meritorious, shall retire such employee upon one half of the pay he or she was receiving at the time of such retirement, or should so receive according to the position or job he or she holds, from the active service of his or her department, such one half pay to be paid under the same rules and regulations as active members of said department may be at the time, paid; provided that should, at any time after retirement, the salary of the position or rank of the retired employee held at the time of retirement be increased, then the said retired employe, at the time of the payment of pensions, is to receive one half of the amount of salary the said position or rank is then commanding. Conditions. (b) Such employee shall then be known as a retired member of his or her department and shall be relieved of all active duties of his or her department, position, or job, and allowed to engage in any other occupation or business he or she may desire. (c) The retired pay granted under this Act shall continue to be paid to said retired employee for and during the term of his or her natural life. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are here-by repealed. Approved March 23, 1933.

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AUGUSTA RETIREMENT PENSION ACT REPEALED. No. 221. An Act to repeal an Act approved August 27, 1931, entitled An Act to amend an Act approved August 17, 1925 (Acts 1925, pages 867-872), entitled `An Act to amend the Act approved July 31, 1923 (Acts 1923, pages 443 and 444), entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part-pay any employee of the City of Augusta, Georgia; and for other purposes, as amended by the Act approved August 11, 1924 (Acts 1924, pages 450 and 451) entitled, An Act to amend an Act approved July 31, 1923, entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service, on part pay any employee of the City of Augusta, Georgia; and for other purposes; so as to provide for total permanent disability pensions and retirement pensions for the firemen of the City of Augusta, Georgia; and for other purposes, so as to extend the application of the Act approved August 17, 1925, as above entitled, to all officers and employees of the City of Augusta, including the police department; and for other 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 27th, 1931, entitled An Act to amend the Act approved August 17th, 1925 (Acts 1925, pages 867-872), entitled `An Act to amend the Act approved July 31, 1923 (Acts 1923, pages 443 and 444),

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entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part-pay any employee of the City of Augusta, Georgia; and for other purposes, as amended by the Act approved August 11, 1924 (Acts 1924, pages 450 and 451), entitled `An Act to amend an Act approved July 31, 1923, entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part-pay any employee of the City of Augusta, Georgia; and for other purposes,' so as to provide for total permanent disability pensions and retirement pensions for the firemen of the City of Augusta; and for other purposes, be and the same is hereby repealed. Repeal of Act of 1931 as to retirement and pensions of employees. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 23, 1933. BAINBRIDGE SCHOOL TRUSTEES' ELECTION No. 3. An Act to amend an Act providing for the establishment and maintaining of public schools in and for the municipality of Bainbridge, approved September 26th, 1879, by amending Sections 6 and 7 thereof, so that the school trustees shall be elected at the same time as the Mayor and Aldermen. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority thereof: 1. That Sections 6 and 7 of the Act approved September

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26th, 1879, 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, be and the same are hereby amended as follows, to wit: 2. That said five trustees shall be elected and hold office as hereinafter provided: Said trustees shall be elected at the general election for mayor and aldermen in the City of Bainbridge, the first election hereunder to be held on the first Wednesday in January, 1934, at which time the three persons receiving the highest number of votes shall hold office for a term of four years, and the two persons receiving the next highest number of votes shall hold office for two years; and thereafter, on the regular election of the mayor and aldermen, the vacancies in the board of trustees, caused by the expiration of the term of office of any of said trustees, shall be filled by an election of a term of four years; it being the purpose and intention of this Act that at every general election for mayor and aldermen of the City of Bainbridge trustees shall be elected for a period of four years, two at one election and three at the succeeding election. Time of election of school trustees. Terms of office. 3. That the present trustees shall hold office until their successors are elected and qualified on the first Wednesday in January, 1934. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 8, 1933.

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BAINBRIDGE TERRITORIAL LIMITS. No. 4. An Act to amend section 3 of the charter of the City of Bainbridge as amended, by increasing the corporate limits of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority thereof, that, from and after the passage of this Act, section 3, as amended, of the charter of the City of Bainbridge, by the Act approved August 18th, 1923, be and the same is hereby amended to include within the corporate limits of the City of Bainbridge the following property, to wit: Beginning at the point where the south line of the City of Bainbridge crosses the Lake Douglas Road, running in a southeasterly direction along said road to the point where said road intersects the east land line of lot of land number 242 in the 20th district of Decatur County, Georgia, thence running west 757 feet, thence north 600 feet to said south city limits, thence east 180 feet to starting point. Added territory. Section 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 February 8, 1933. BAXLEY MAYOR'S TERM OF OFFICE. No. 111. An Act to amend an Act to create a new charter for the City of Baxley, approved August 21st, 1911; and for other purposes. Section 1. Be it enacted by the General Assembly, and

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it is hereby enacted by authority of same, that the charter of the City of Baxley, approved August 21st, 1911, is amended by striking out the word one year and inserting two years, in Section three of said Act, so that the term of office of mayor shall be two years instead of one year. Term of office, two years. Section 2. Be it further enacted, that the above amendment, when ratified by a majority of the qualified electors, at the next election held for mayor and council shall become part of said charter. Ratification of Act, at election. Section 3. Be it further enacted, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. BAXLEY TERRITORIAL LIMITS. No. 249. An Act to amend an Act approved August 21, 1911, entitled an Act to create a new charter for the City of Baxley; and for other purposes. Section 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 said Act, Section two, defining the corporate limits of said town, be hereby amended by adding to the end of said section the following: Provided, however, that the said corporate limits of said town on the Holmesville Road on south side of said city shall not include subdivisions Nos. 4, 5, 8, 9, and 10 of the Owens Survey recorded in Book 6, page 4, clerk's office, be and the same are hereby not included in said corporate limits. Territory not included. Section 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 March 23, 1933.

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BLACKSHEAR ELECTIONS, HOURS FOR. No. 99. 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 new charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges, and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes; to declare and define the police powers of said city; and to provide for other matters of municipal regulation, concern, and welfare; and for other purposes, approved August 15, 1911, as amended by an Act approved July 28, 1917, by fixing the hours for holding elections in said City of Blackshear. Section 1. Be it enacted by the General Assembly of Georgia, that the Act approved August 15, 1911, entitled An Act to create and incorporate the City of Blackshear in the County of Pierce, and grant a new charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges, and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purpose; 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, as amended by the Act approved July 28, 1917, be and the same is hereby amended by striking from Section 17 of said Act of August 15, 1911, as amended, the words ten o'clock a. m., and close at three o'clock p. m., and inserting in lieu thereof the following, eight o'clock a. m., and close at six o'clock p. m., so that said Section 17 as amended shall read as follows: Act amended. Election hours.

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Section 17. Be it further enacted, that all elections for mayor and aldermen, and elections on any question submitted to the voters of said city, shall be held at the court-house or at such other place or places, or at both court-house and such other place or places, as may be established by the mayor and aldermen of said city in meeting assembled. The mayor and aldermen shall have full power and authority to establish as many polling places as they may deem necessary. All elections shall be held by three persons, who may be qualified to hold and superintend elections for members of the General Assembly of this State; and said elections shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly, with this exception, that the polls shall open at eight o'clock a. m., and close at six o'clock p. m. In elections for mayor and aldermen, the superintendents shall deliver certificates of election to the persons whom they find have received the greatest number of votes for the office of mayor and aldermen, respectively. All returns of elections, voting-lists, tally-sheets, and ballots, shall be returned to and filed with the clerk of council. Act as amended. Section 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 March 1, 1933. BRUNSWICK DEPOSITORIES OF FUNDS. No. 317. An Act to amend the charter of the City of Brunswick; and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act:

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Section 1. The commission of the City of Brunswick shall have and is hereby given the power and authority to designate from time to time a depository or depositories for all the funds of said city; and when such depository or depositories shall be named by action of said commission, the treasurer of said city shall be relieved and released from any and all responsibility or liability for or on account of any funds of said city placed with or in the hands of such depository or depositories. Said commission shall have power and authority, in its discretion, to require the giving of a bond or bonds by such depository or depositories to account for all such funds so deposited. Designation of depository. Bond. Section 2. All laws and parts of laws in conflict with any provision of this Act are hereby repealed. Approved March 24, 1933. BRUNSWICK VOTERS; TAX PAYMENTS. No. 363. An Act to amend the charter of the City of Brunswick, Georgia; and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act: Section 1. No person shall be entitled to vote at any election to be held by the City of Brunswick, Georgia, until such person shall have paid all poll-taxes that he or she may be owing and that he or she may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he or she offers to vote, except when such election shall be held within six months from the expiration of the time fixed by law for the payment of such taxes. Voter's payment of poll tax.

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Section 2. All laws and parts of laws in conflict with any provisions of this Act are hereby repealed. Approved March 24, 1933. CALHOUN CANDIDATES; REGISTRATION OF VOTERS. No. 378. An Act to amend an Act creating a new charter for the City of Calhoun in the County of Gordon, approved August 20, 1918, contained in Georgia Laws of 1918 at pages 563 to 604, both inclusive, and the Acts amendatory thereof, so as to provide for the division of the City of Calhoun, Georgia, into four wards as follows: first ward, that section of Calhoun, Georgia, east of Wall street (Dixie Highway) and north of Line street; second ward, that section of Calhoun, Georgia, east of Wall street (Dixie Highway) and south of Line street; third ward, that section of Calhoun, Georgia, west of Wall street (Dixie Highway) and southof Line street; fourth ward, that section of Calhoun, Georgia, west of Wall street (Dixie Highway) and north of Line street; and for the election of a mayor and four aldermen, and requiring statements of candidates to specify the position sought by each candidate, that is whether for mayor or for alderman from one of the above wards, so that the mayor shall be elected from the city at large, and so that one alderman shall be elected from each of the aforesaid wards, and so as to provide for the permanent registration of voters, for the purging of the registration books and voters' lists, for the qualification of voters, for the creation of a board of registrars and to prescribe their duties, and for hearing by the said board of registrars of all persons whose names are placed on the disqualified list prior to the striking thereof from the

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registration books or lists, and for giving notice of the time and place of hearing; 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 20, 1918, entitled An Act to create a new charter for the City of Calhoun, in the County of Gordon, and to reincorporate said city and to 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 Mayor and Aldermen of the Town of Calhoun to The City of Calhoun; to provide that all ordinances, rules, regulations, and resolutions of said city now in force and not in conflict with this Act be preserved and continued of force and remain valid and binding upon the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to prescribe the rights and powers, duties, and liabilities and qualifications of all officers and the manner of their election and removal from office; to provide for the retention of office for the present officers of the said city until the elections provided for in this charter are held; to provide for the manner and time for all elections in said city; to provide for the qualifications 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, etc., and for other purposes, be and the same is hereby amended as follows: Section 2. That the aforesaid Act, approved August 20, 1918, and all Acts amendatory thereof, and all previous Acts and amendments creating charters and governments for said city, not heretofore repealed and superseded, in so far as the provisions of any of said Acts conflict with this Act, are hereby repealed and superseded. Repealed laws. Section 3. Be it further enacted, that section 4 of the

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said Act be and the same is hereby repealed, and the following enacted in lieu thereof: Section 4. Every person desiring to become a candidate for the office of mayor or for the office of alderman from any ward of said City of Calhoun shall file or cause to be filed with the clerk of the City of Calhoun, not later than 20 days before the general election, which election shall be held on the second Wednesday in December of each year, as hereinbefore provided, a statement of his or her candidacy and a certificate sworn to by him that he is qualified to fill the office to which he seeks election, and that he is offering for mayor or as alderman from one of the wards of said city, as the case may be, and in the event he is offering for such alderman he shall specify the ward in which he maintains his residence. Candidate's notice and certificate. Section 4. Be it further enacted, that section 21 of said Act be and the same is hereby repealed, and the following enacted in lieu thereof: Section 21. Be it further enacted, that within 30 days after the passage and approval of this Act it shall be the duty of the city clerk to provide suitable permanent books for the permanent registration of the qualified voters of said city for any and all elections held in said city, of every kind and character and for all purposes; that within ten days after the registration books are provided as herein required, the city clerk shall open the said registration books for the registration of the qualified voters of said city, and shall cause to be published in the first issue of the newspaper in which sheriff's advertisements are published for Gordon County, after the opening of the books, notice that the books are open for the registration of the qualified voters of said city. The books shall be kept open for the registration of voters at the city-hall at all times during office hours, except Sundays and legal holidays, and except as herein otherwise provided. Registration of voters.

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Section 21-A. The registration books shall be closed at 6:00 o'clock p. m., 20 days before the election to be held for the election of a mayor and aldrmen and/or for aldermen as hereabove provided, and shall remain closed until after said general election for a period of two full weeks (exclusive of the week in which the elction is held), and during the period the books are required to be closed by this section no person shall be permitted to register. Close of registration. Section 5. Be it further enacted, that section 24 of said Act be and the same is hereby amended by striking the last sentence of said section and inserting in lieu thereof the following: The clerk shall furnish said committee a list of the registered voters, which they shall proceed to purge in the following manner: They shall examine the lists and make a separate list of names of all persons thereon who have died or who have removed from said city since registering and all who have paid no taxes or are otherwise disqualified under section 5 of said Act, and shall mark the list, List of disqualified registered names, and said list shall be posted in the vestibule at least 5 days before the date set for hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be set by the said committee and notice thereof set out on said list so posted in the city-hall, and after said lists are so purged copies thereof shall be furnished the managers of the election. List of voters. Section 6. Be it further enacted, that the registration book or books made up as hereinbefore provided shall constitute a permanent record of the qualified voters of all persons who become legally registered, until they become disqualified to vote in the City of Calhoun under the requirements of the charter of said city or this amendment. After any person registered as herein provided becomes disqualified, he or she shall no longer be considered registered,

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until such person registers again after the disqualification is removed. Permanent registration. Approved March 24, 1933. CAMILLA MUNICIPAL OFFICERS. No. 271. An Act to amend an Act approved August 19, 1907, found in Georgia Laws of 1907, page 505, being An Act to create a new charter for the City of Camilla, and for other purposes, so as to amend sections 14 and 16 of said Act with reference to the election of certain officials of said city, fixing their salaries, prescribing terms of office, and providing for discharge of said 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 that certain Act, being An Act to create a new charter for the City of Camilla, and for other purposes, found in Georgia Laws of 1907, beginning at Page 505, and approved August 19, 1907, be and the same is hereby amended in the following particulars, to wit: Section 2. Be it enacted by the authority aforesaid, that Section 14 of said Act above described in Section 1 be and the same is hereby stricken, and in lieu thereof another section, being known as Section 14, is hereby enacted as follows, to wit: Section 14. Be it further enacted, that the salary of the mayor of said City of Camilla shall be prescribed by an ordinance or resolution adopted by the board of aldermen of said City of Camilla, and may be increased or diminished, or changed at any time during the term of office of said mayor, when in the discretion of said board of aldermen

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the same shall be for the best interest of the said City of Camilla. Mayor's salary. Section 3. Be it further enacted by the authority aforesaid, that Section 16 of said Act above described in Section 1 be and the same is hereby stricken, and in lieu of said Section 16 in said original Act there is hereby substituted another section to be numbered Section 16, as follows, to wit: Section 16. Be it further enacted, that the mayor and aldermen of the City of Camilla may elect a chief of police and such other police officers as they may deem necessary, a city clerk, chief of the fire department, superintendent of the water and light plant, so long as the same is administered and operated by and through the board of aldermen of the City of Camilla, and an attorney at law who shall act as city attorney, and any and all other employees, agents, or representatives that the mayor and aldermen may from time to time deem proper and necessary for the best interest of the City of Camilla. All such officers elected by the mayor and aldermen shall be elected at the first meeting in January, after the regular city election, unless in emergency such election cannot be held, and, in the event of such emergency, then at the next regular or call meeting of said mayor and aldermen of the City of Camilla held next after the first meeting in January aforesaid, and for a term not exceeding two (2) years, and/or any period less than two (2) years; provided, however, that the term of office of any such officer, employee, agent, or representative may be terminated and ended within said period if and when the services of said officers, employees, representatives, or agents may or shall become unsatisfactory to said mayor and board of aldermen; and provided further that no person elected to any such office or position of employment shall be discharged by said mayor and aldermen without being given a hearing or an opportunity to show cause why they should not be discharged. It shall

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likewise be within the power, duty, and authority of said mayor and board of aldermen to fix the salary, commissions, fees, wages, or compensation of all persons so elected or appointed to any such office or position hereinbefore enumerated from week to week, month to month, or from year to year, or for any other period that they may deem best for the interest of the City of Camilla; and the said mayor and aldermen shall have the right to alter, change, increase, or diminish said salaries, compensation, fees, or wages at any time they may deem it best and proper to do so. All officers or other employees shall be elected by ballot, and a record of said ballot as to the number of votes received shall be all that is necessary to show said election of officers, agents, employees, city attorneys, or other representatives. Such officers when elected shall be sworn in by the mayor, or in his absence by the mayor pro tem., or any other person legally entitled to administer oaths. Officers, election of. Terms of officers. Hearing before discharge. Compensation. Ballot. Oath. 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 March 23, 1933. CANTON STREET TAXES; PENALTY. No. 247. An Act to amend an Act reincorporating the Town of Canton, approved July 26, 1922 (Acts of the General Assembly 1922, page 604 et seq.), by inserting just before the word provided in the 14th line of Section 29 of said Act the following: or imprisoned in jail for not exceeding twenty days, so as to provide an additional penalty for failure to pay street or commutation taxes; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act reincorporating and providing a new charter for the Town of Canton, Cherokee County, Georgia, approved July 26, 1922 (Acts of the General Assembly of Georgia 1922, page 604 et seq.), be and the same is hereby amended as follows: By adding to line 14 of Section 29 of said Act, immediately after the words twenty days and between said words and the word provided, the following: or imprisoned in jail for not exceeding twenty days; so that the complete sentence beginning on line 8 of said section when amended shall read as follows: Any person who may refuse to work upon the streets, or pay said tax, under such rules and regulations as may be enacted by the mayor and council to more effectually carry out the work, may be fined by the recorder not exceeding ten dollars, or be required to work in the chain-gang of said town not exceeding twenty days, or imprisoned in jail for not exceeding twenty days; provided, no street duty or street tax shall be required of the mayor and councilmen, or any one exempt by law from working the public roads, or any one who has previously worked the streets, roads, or paid street tax or road tax at any other place for the year. Imprisonment of defaulter. Section 2. Be it further enacted, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. CARROLLTON WATER AND LIGHT COMMISSION. No. 241. An Act to repeal Section one of an amended Act to the City Charter of the City of Carrollton, Georgia, appearing on pages 401-403, both inclusive, of Georgia Laws

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of 1904, and approved August 9, 1904, being entitled An Act to create a commission for the City of Carrollton to be known as the `Water and Light Commission' and known as No. 568, being an Act to amend an Act establishing a charter of the City of Carrollton, Georgia, approved September 9, 1891; substitute and provide for the addition of the mayor of the City of Carrollton as an ex-officio member of the Water and Light Commission of Carrollton; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 1 of an amended Act to the city charter of the City of Carrollton, Georgia, appearing on pages 401-403, both inclusive, of the Georgia Laws of 1904, and approved August 9, 1904, being entitled An Act to create a commission for the City of Carrollton, Georgia, to be known as the `Water and Light Commission; ' to provide for the election of such commissioners and fix the terms of their offices; to prescribe their powers and duties; and for other purposes. That said Section one of said amended act be and the same is hereby stricken, and the same is hereby repealed. Section 2. It is further enacted, that in lieu of Section one the following is adopted as a substitute: That from and after the passage of this Act there shall be a commission in and for the said City of Carrollton, Georgia, in the County of Carroll, composed of three other persons and the mayor to be known as the Water and Light Commission. The person holding the office of mayor of the City of Carrollton shall, during his term of office, be an ex-officio member of the Water and Light Commission, and shall have the same power and authority as the other members of said board, except he shall draw no extra compensation from said Water and Light Commission by reason of

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his services thereon, nor shall he be eligible to hold office of chairman of said board. Mayor to be ex-officio member of commission. Section 3. Be it further enacted, that this Act is not effective until the first Monday in October, 1933. Act effective when. Section 4. Be it further enacted, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. CEDARTOWN CHARTER AMENDMENTS. No. 291. An Act to amend an Act approved August 27, 1931, entitled An Act to amend an Act approved December 13, 1898, amending, consolidating, and superseding the several Acts incorporating the City of Cedartown in the County of Polk, providing a new charter for same, and the several Acts amendatory thereof, so as to provide for the application of annual installments of the principal of purchase-price of the light plant under sale contract with Georgia Power Company, first, to the city's bonded indebtedness, and for investment of remainder thereof in securities under direction of the water and light commission, and prohibiting any change in the manner of payment of any such installments, by discount or otherwise, or application of said funds to any purpose other than payment of the city's bonded debt, without a popular referendum by the voters of the City of Cedartown, lawfully conducted under same rules governing elections for the issuance of municipal bonds; and for other purposes, by providing that the proceeds of all payments received from Georgia Power Company, after paying installments due on the city's bonded indebtedness, be turned over to the water and light commission at the end of each calendar year, to be kept in a separate

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fund, and authorizing said commission to create therefrom a revolving loan, specifying the maximum amount thereof, and authorizing the commission, with the consent and approval of the mayor and council, to discount and use a sufficient amount of the obligations of the Georgia Power Company, not required to meet the city's bonded indebtedness, if necessary to create the maximum amount of the revolving loan fund; and permitting and directing said commission to loan to the mayor and council from said revolving loan fund, from time to time, such amounts as may be required to meet the current expenses of the city, and which may be and shall be repaid from taxes to be legally levied and collected during the calendar year in which the advances are made; and providing that all such advancements shall be repaid into said revolving fund by the end of said calendar year; and setting forth the conditions and restrictions governing the creation and operation of said revolving loan fund and advances made 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 the Act of the General Assembly of Georgia, approved August 27, 1931, entitled: An Act to amend an Act approved December 13, 1898, amending, consolidating, and superseding the several Acts incorporating the City of Cedartown in the County of Polk, providing a new charter for same, and the several Acts amendatory thereof, so as to provide for the application of annual installments of the principal of purchase-price of the light plant under sale contract with Georgia Power Company, first, to the city's bonded indebtedness, and for investment of the remainder thereof in securities under direction of the Water and Light Commission, and prohibiting any change in the manner of payment of such installments, by discount or otherwise, or application of said funds for any purpose

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other than payment of the city's bonded debt without a popular referendum by the voters of the City of Cedartown, lawfully conducted under the same rules governing elections for the issuance of municipal bonds; and for other purposes, by striking therefrom Section 3 of said Act, and inserting in lieu thereof a new section to be known as Section 3 of said Act, to read as follows: Payments on purchase-price of light plant, how applied. Section 3. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act it shall be the duty of the mayor and council, through the city clerk, to report to the water and light commission annually the excess, if any, of the principal installments received during the current year from the Georgia Power Company under said contract, after first applying so much thereof as may be necessary in payment of bonded indebtedness during said year, this report to be made at the first meeting of the water and light commission held after payments are received and disbursed for each calendar year. When this report is made, it shall be the duty of the mayor and council, throught the city clerk and treasurer of said city, to pay over to the water and light commission any and all funds derived from payment of principal installments by Georgia Power Company on the purchase-price of said light plant, after application thereof to payment of bonded indebtedness as required under this Act. It shall be the duty of the water and light commission to keep all payments thus received in a separate fund, and no part of said fund shall be used or disbursed otherwise than is authorized in this Act. It shall be the duty of the water and light commission to invest the balance of said fund reported to be on hand in securities prescribed for investment under the law governing sinking-fund investments in municipalities in the State of Georgia. Said securities, with any interest that may accrue, shall be kept in a separate fund, and shall not be paid out until authorized in the manner hereinafter prescribed

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in this Act. Provided, however, that said water and light commission, before investing said funds in securities as herein prescribed, is hereby authorized to create from the funds so received a revolving loan fund to the maximum amount of $50,000, for the purpose of making loans to the mayor and council of the City of Cedartown for use in meeting current expenses under the rules and regulations hereinafter set forth; and said commission is further authorized, with the consent and approval of the mayor and council, to discount and use a sufficient amount of the obligations of the Georgia Power Company, not required to meet the city's bonded indebtedness, if necessary to create the maximum amount of said revolving loan fund. Said commission is permitted and directed to loan to the mayor and council of the City of Cedartown from said revolving fund from time to time such amounts as may be required to meet the current expenses of the city, and which may be, and shall be, repaid from taxes to be legally levied and collected during the calendar year in which the advances are made; and said commission shall take from the mayor and council notes for all advancements made from said revolving loan fund, payable during the calendar year in which the advances are made, with provisions in said note or notes that same shall be paid from the taxes legally levied and collected during the calendar year in which the advances are so made. Said commission shall not advance any money from said revolving fund beyond the amount which can be legally repaid from taxes levied during the year in which the advances are made. It shall be the duty of the mayor and council to see that all funds received from said revolving loan fund shall be repaid out of the taxes legally levied and collected, and taxes shall be applied to repayment of said loans after collected. The power to create this revolving loan fund and make said loans in lieu of the investment in securities is granted for the purpose of saving the City of Cedartown interest and other expenses, and to enable the mayor and council to

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borrow said funds temporarily for that purpose, without permitting any permanent diminution thereof. The notes for money borrowed from said revolving loan fund, with taxes levied for current year pledged as security therefor, shall be treated and held and enforced in the same manner as other securities would be held if purchased with funds paid into said trust fund. It shall be the duty of the mayor and council by proper ordinance to require a bond from the water and light commission, or the officer designated by said commission to keep and handle said funds, the mayor and council having the right to fix the amount thereof, keeping in view, however, the average amount of funds to be handled by said officer. Section as amended. Section 2. Be it further enacted by the authority aforesaid, that said Act be further amended by striking therefrom Section 4 of said Act, and by inserting in lieu thereof a new section to be known as Section 4, to read as follows: Section 4. Be it further enacted by authority aforesaid, that the mayor and council of the City of Cedartown shall not be permitted to make any change in the manner of payment of such installments due under the contract with the Georgia Power Company, by discount or otherwise, except as permitted in Section 3 of this Act for purpose of creating a revolving loan fund, or to apply any part of the principal of such installments due under said contract for any purpose other than to payment of the city's bonded debt without being authorized to do so by a popular referendum by the voters of the City of Cedartown, lawfully conducted under the same rules governing elections for the issuance of municipal bonds. Referendum. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved March 24, 1933.

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COLLEGE PARK CHARTER AMENDMENTS. No. 290. 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 qualification of voters and for a system of registration of voters of said city for use in all elections held therein; for levy and collection of street tax; and also for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the charter of the Mayor and Council of the City of College Park, as contained in An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporting said city under the name of College Park; to prescribe its limits, extending them so as to take in a strip of land in Clayton County; to provide for a mayor and councilmen, prescribe their powers and duties; and for other purposes, approved December 16, 1895, and all amendments thereto, be and the same are hereby amended as follows: Section 1. That Section fifteen (a), Section fifteen (b), and Section fifteen (d), set forth under Section one of the Act amending the charter of the City of College Park, approved August 2, 1924 (Georgia Laws 1924, pages 504 to 510), relating to qualification and registration of voters, form of voters' oath, the preparation and purging of registration lists, and the use of voters' certificates (which sections by said Act of 1924 were enacted in lieu of similarly numbered sections of Acts approved August 15, 1922, and August 18, 1923, referred to in said Act of 1924) be and the same are hereby stricken and repealed, and the following sections similarly numbered are hereby inserted and enacted in lieu thereof, to wit: Sections repealed.

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Section fifteen (a). Be it further enacted by the authority aforesaid, that, immediately after the passage and approval of this Act, the mayor and council of said city shall provide, and the city clerk of said city, who shall be the registrar of the voters thereof, shall open and keep open, as hereinafter provided, a book or books, to be designated `Voters' Book,' for the permanent registration of the qualified voters of said city for any and all elections of every kind and character and for whatever purpose held in said city; it being the intent and purpose of this Act to provide for a single, permanent, general registration of the qualified voters of said city, under general rules, for use in any and all municipal elections of every kind and character and for whatever purpose held in said city. Said book or books shall consist of a book or books made up of separate printed oaths, in form and language substantially as hereinafter set out, securely bound together; and said mayor and council may, in their discretion, provide for a separate book or books for each of the wards of said city. The oath above mentioned shall be in form and language substantially as follows, to wit: Substituted sections. Permanent registration of voters. Oath of voter. OATH OF VOTER GEORGIA, FULTON COUNTY. 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 date set forth below; that I have resided in the State of Georgia for one year, and in the County of Fulton for six months, and in the City of College Park for thirty days, immediately preceding the date of this oath, or will have so resided on the date or dates hereinafter set forth; that I have paid all poll-taxes that I have had an opportunity of paying agreeably to law, and all other taxes required of me to entitle me to register and vote at municipal elections in the City of College Park, except taxes for this year; that I possess the qualifications of an elector required by paragraph

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4, section 1, article 2 of the Constitution of the State of Georgia, and I am not laboring under any of the disabilities named in said article; and 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 in theward of the City of College Park, at No., onStreet; my age is; my occupation is. I will have resided in the State of Georgia for one year on, in the County of Fulton for six months on, and in the City of College Park for thirty days on. Signature..... Sworn to and subscribed before me this.....day of....., 19.....Registar. White. Colored. Male. Female. The mayor and council may, if desired, add to the form of oath above set forth the name of ward for which it is to be used. Any and all persons who, prior to the passage and approval of this Act, have already during the year 1933 registered to vote under the charter provisions of said city which are repealed by this Act, and who are otherwise qualified to do so, shall be permitted to vote in any and all elections held in said city for the year 1933, but not thereafter without registration in the permanent voters' book provided for in this section of this Act. Section fifteen (b). Be it further enacted by the authority aforesaid, that the city clerk, as aforesaid, or any assistant registrar hereinafter provided for, shall keep said voters' book open for the registration of voters at the city hall in said city at all times during office hours or when the clerk's office is open for the payment of taxes or other business, Sundays and legal holidays alone excepted. The city clerk and the assistant registrar or registrars hereinafter provided for are authorized and empowered

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to take and have charge of said voters' book and to administer said oath; and when the signature of any person on said voters' book or to said oath is not clearly legible, the officer in charge of said voters' book shall, at the time said signature is made, write out the name in clear, legible letters opposite said signature. And person desiring to be registered as a voter in said City of College Park and in and for any and all the municipal elections of every kind and character and for whatever purpose held in and for said city, who is a citizen of the United States, twenty-one years old or upwards, or will be at the date of the election in which he desires to vote, who has resided in the State of Georgia for one year and in the County of Fulton for six months and in the City of College Park for thirty days immediately prior to registration, or will have so resided at the date of the election in which he desires to vote, who has paid all poll-taxes that he has had an opportunity of paying agreeably to law, and all other taxes required of him to entitle him to register and vote at municipal elections in the City of College Park, except taxes for the current year, who possesses the qualifications of an elector required by paragraph 4, section 1, article 2 of the Constitution of the State of Georgia, and is not laboring under any of the disabilities named in said article, and who is not disfranchised from voting by reason of any offense committed against the laws of said State, may, on application in person and not by proxy, to the city clerk, or any assistant registrar, register as such voter, by reading said oath, or having the same read to him or her, and subscribing the same by signing his or her name thereto at the place for signature thereon in said voters' book, an entry or memorandum of ward, street address, age and occupation being first made by the officers in charge of said book, or by the affiant, at the place indicated therefor in said oath; and when affiant is not twenty-one years of age at the time of subscribing the oath, a similar entry or memorandum shall in like manner be made, showing the date in the year when the affiant shall reach

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the age of twenty-one years; and when the affiant has not resided in the State one year, in the county six months, or in the city thirty days, at the time of subscribing the oath, a similar entry or memorandum shall be made showing the date in the year when he or she will have resided in the State one year, in the county six months, and in the city thirty days. Upon request of the applicant, the officer in charge of said book shall read or repeat said oath distinctly to the applicant; and if the applicant cannot sign his or her name, said officer shall sign it for him or her, the applicant making his or her mark thereto. The signature made by a person to said book shall be prima facie evidence that the person so signing swears, or affirms, the truth of every material fact set forth in said oath, and of the written memoranda or entries therein contained. For the purpose of more easily identifying the voter, the officer in charge of the voters' book shall note thereon, in connection with each signature, the race and sex of the person signing, that is to say, whether white or colored, made or female, and this may be done by striking the printed words at the bottom of said oath designating the race and sex which are inapplicable to the voter, or by checking the words applicable to the voter. Electors who are qualified and register in the permanent voters' book, as aforesaid, shall not thereafter be required to register for future elections, unless their names have been stricken and removed therefrom for disqualification as hereinafter provided in Section fifteen (d) of this Act. Section fifteen (d). Be it further enacted by the authority aforesaid, that prior to each election of any kind or character, or for whatever purpose, to be held in said city, the city clerk shall make out three copies of a list or lists, in alphabetical order and according to wards, of all persons who, up to and including the tenth day prior to the date of such election, have registered in the voters' book, and who at the time of such election will be twenty-one years of age,

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and will have resided in the State, County, and City for the required period; and shall furnish such list or lists prior to the date of such election, to a board of registrars appointed by the mayor and council as herein provided. The mayor and council shall appoint, either annually for all elections to be held during any year, or for each election, three persons, who shall be registered voters of the city, who shall constitute and be known as the board of registrars of said city. Neither the city clerk nor any of the assistant registrars hereinabove provided for shall be eligible to membership on said board, but any member of council may be appointed as a member thereof. It shall be the duty of said board of registrars to receive, examine, and purge said lists of registered voters so furnished them, as aforesaid, by striking and removing therefrom, before the day of election, the names of all persons who have died, or who have removed from the city, or who have not paid all poll-taxes that they have had an opportunity of paying agreeably to law, and all other taxes required of them to entitle them to register and vote at municipal elections in the City of College Park, except taxes for the current year; and also the names of all persons who may be, or may have become, disqualified for any other reason to vote in the election prior to which such lists are furnished as aforesaid, including any person who will be under the age of twenty-one years or who will not have resided in the State, County, and City for the requisite periods, on the day of such election. In purging said lists said board shall act upon the best evidence or information obtainable within the time available therefor. Said board of registrars shall furnish to the city clerk a list or lists of the names so purged, stricken, and removed by them, and said city clerk shall strike and mark said names from the voters' book, and a registrant so stricken and marked from said book shall not be entitled to vote in any election in the city until such registrant has qualified and again registered under the terms of this Act, or unless his name has been restored to said Book as herein

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provided. Said board of registrars shall notify each person whose name is purged, stricken, and removed by them, as aforesaid, of that fact, by mailing written notice thereof to such person at the address appearing on the voters' book or oaths signed by such person, or by having the same personally served upon such person, or left at his place of residence; and if such person claims that his or her name has been improperly purged, stricken, and removed by said board of registrars, such person may make written complaint thereof to said board by leaving same with the city clerk at the city hall in said city, and shall be entitled to be heard thereon by said board at such time and place as may be fixed by said board, after notice thereof in either of the methods above stated. Said notice, however, may be waived by such person, and, in case of waiver, hearing afforded by said board, without notice in its discretion. The action of said board on such complaints shall be final; and if said board finds that the name of such person was improperly stricken and removed, said board shall restore same to the list of registered voters from which it was stricken, and notify the city clerk in writing accordingly, who shall likewise restore same to the voters' book by entry of that fact on such person's oath therein. With respect to any person whose name has been purged, stricken, and removed by said board at such time before the day of election that sufficient opportunity may not be afforded for notice, and hearing of any complaint prior to the day of such election as herein provided, said board shall give such notice as is reasonably possible, and hear such complaint on the day of the election; and if said board finds that the name of such person has been improperly stricken and removed, said board shall notify the city clerk in writing accordingly, who shall thereupon restore same to the voters' book by entry as above provided, and said board shall furnish to such person whose name has been thus restored, a certificate in form to be provided by the mayor and council, signed by the members of said board, or a majority of them, to the effect that

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such person's name has been restored to the voters' book, and that he or she is entitled to vote in such election; which certificate, upon presentation and surrender to the manager of the election at the voting precinct where such person is entitled to vote, shall entitle such person to vote in said election. The managers of election shall, upon presentation and surrender of such certificate, add the name of such person to the official lists of registered voters being used in said election at such voting precinct, followed by the word Certificate; and all such certificates shall be preserved by the election managers and filed by them with their returns of the election. Each of the members of the board of registrars provided for by this section of this Act shall, before entering upon the discharge of his duties, take and subscribe the following oath before some officer authorized to administer oaths under the laws of this State, to wit: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as a member of the board of registrars of the City of College Park, which oaths shall be filed with the city clerk. In the event there is a difference of opinion among the three members of the board with respect to the qualification of a voter in the matter of removal or restoration of his name as aforesaid, the concurrent votes of any two shall control the matter. A majority of said board may act in the discharge of any of its duties. Voters' lists. Board of registrars. Eligibility. Complaint as to omission from list. Adding omitted name. Oath of registrar. Majority controls. Section 2. Be it further enacted by the authority aforesaid, that Section fifteen (h) of the Act of the General Assembly of Georgia, amending the Charter of the City of College Park, approved August 15, 1922 (Gerogia Laws 1922, page 652), relating to the power and authority of the Mayor and Council of the City of College Park to provide by ordinance for rules and regulations relative to the registration of voters, be and the same is hereby stricken and repealed, and the following section similarly numbered is hereby inserted and enacted in lieu thereof, to wit:

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Section fifteen (h). Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of College Park shall have the power and authority, by ordinance, to provide for such other and further requirements, rules, and regulations as they may deem proper relative to the qualification and registration of voters at municipal elections in said City of College Park, and the preparation and purging of the voters' book and registration lists therefor, provided such requirements, rules, and regulations are not in conflict with the provisions of this Act or the charter of said city, or otherwise contrary to law. Authority to make rules. Section 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of College Park shall have power and authority by ordinance to require of every male inhabitant of said city, between the ages of twenty-one and fifty years, both inclusive, and not exempt from road duty under the laws of the State of Georgia, the performance annually of work on the streets of said city for a period of not exceeding ten days in each year, and/or the payment by such person of a street or commutation tax of not exceeding the sum of three ($3.00) dollars per annum in lieu of such street work; with such method of enforcement of the performance of such street work and/or the payment of such tax by issuance and levy of execution, and/or imposition of fine or other penalty, by the mayor and council of said city, and/or the recorder's court of said city, and/or otherwise, as may be ordinance by provided. Road work. Commutation tax. Section 4. Be it further enacted by the authority aforesaid, that in the event any portion of this Act shall hereafter be held to be invalid for any reason, such invalidity shall not affect any other portion of this Act. Act not invalidated by void part. Section 5. 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 March 24, 1933.

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COLQUITT MARSHAL; REPEALING ACT. No. 5. An Act to repeal an Act entitled An Act to amend `An Act to amend, consolidate, and supersede the several Acts incorporating the City of Colquitt in the County of Miller and State of Georgia, and all amendments thereto; to create a new charter and municipal government for said corporation, which Act was approved on August 7th, 1915, found in Georgia laws of that year on page 534 to 567, inclusive, so as to make the marshals of said City of Colquitt elected by the people; and for other purposes,' and for other purposes. The Act herein repealed is found in Georgia Laws, year 1929, on pages 974 and 975. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act the above and foregoing Act be and the same is hereby repealed. Election of marshal. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved Februrary 8, 1933. COLQUITT MAYOR'S SALARY. An Act to amend an Act entitled, 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 approved August 7th, 1915, as amended by an Act found in the Acts of the General Assembly for the years 1924, which was approved on July 18th, 1924, by prescribing the salary of the mayor of

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the City of Colquitt, Ga.; and for other purposes, said Act being found in the Acts of the General Assembly of Georgia for the year 1927, on page 963; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act the above-mentioned Act be and the same is hereby amended by striking the figures 300 therefrom, and inserting in lieu thereof the following: Not less than one hundred and fifty ($150.00) dollars per annum and not more than two hundred ($200.00) dollars per annum; said salary to be fixed between the maximum and minimum above referred to by the council of the City of Colquitt, Georgia, and said salary shall be payable monthly, and said mayor shall not receive any other compensation from cost or otherwise, so that said section when amended shall read as follows: Salary of mayor. That from and after the passage of this Act, the mayor of Colquitt, Georgia, 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 of Colquitt, Georgia, from and after the passage of this Act shall not be less than one hundred and fifty ($150.00) dollars per annum and not more than two hundred ($200.00) dollars per annum; said salary to be fixed between the maximum above referred to by the council of the City of Colquitt, Georgia, and said salary shall be payable monthly, and said mayor shall not receive any other compensation from cost or otherwise. Section as amended. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the salary of the mayor of Colquitt, Georgia, shall be fixed by the council thereof at a salary of not less than one hundred and fifty ($150.00) dollars per annum, nor more than two hundred ($200.00) dollars per annum.

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Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved Feb. 15, 1933. COLUMBUS CEMETERY, COMMONS LAND FOR. No. 365. An Act to amend the charter of the City of Columbus by amending that Act of the General Assembly of Georgia approved July 24, 1929, which said Act has reference to what was known as the Commons Lands of said city, by adding to Section 5 of said Act a provision permitting the city to use for cemetery purposes a small tract of what was formerly a part of the South Commons, located at the southeast end of the negro cemetery in said city, cut off from the other part of said former commons lands by the extension of Fourth Street; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the charter of the City of Columbus be and it is hereby amended by amending the Act of the General Assembly of Georgia approved July 24, 1929, which said Act has reference to what was known as the Commons Lands ofsaid City, by adding to Section 5 of said Act a provision reading as follows: except that the City of Columbus is hereby permitted, upon action of the commission of said city only, to use for cemetery purposes a triangular tract of said South Commons lands located at the southeast end of the present negro cemetery in said city, and described as follows: beginning at the present southeast corner of said negro cemetery on the west side of Tenth Avenue, and running thence south along the west side of Tenth Avenue to the north side of the extension of Fourth

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Street; thence northwesterly along the north side of said Street to he south line of said negro cemetery; and thence west along said south line to the beginning point on Tenth Avenue; containing approximately three (3) acres, so that said section as amended shall read as follows: Land for cemetery. Section 5. That nothing in this Act is intended to authorize the City of Columbus to lease, sell, or divert to other uses those portions of the South and East Commons of said city which, under the two Acts of the General Assembly of Georgia approved August 10, 1919, and August 7, 1925, were set apart to the City of Columbus to be kept open and used only for the purpose of a public park and playground; and said lands in said two Acts so set apart may be conveyed or diverted only with the assent of two thirds of the qualified voters of the city, as in said Acts provided; except that the City of Columbus is hereby permitted, upon action of the commission of said city only, to use for cemetery purposes a triangular tract of said South Commons lands located at the southeast end of the present negro cemetery in said city, and described as follows: beginning at the present southeast corner of said negro cemetery on the west side of Tenth Avenue, and running thence south along the west side of Tenth Avenue to the north side of the extension of Fourth Street; thence northwesterly along the north side of said Street to the south line of said negro cemetery; and thence west along said south line to the beginning point on Tenth Avenue; containing approximately three (3) acres. Section as amended. Section 2. That all laws or parts of laws in conflict herewith be and they are hereby repealed. Approved March 24, 1933.

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COLUMBUS EMPLOYEES' INSURANCE. No. 276. An Act to amend the charter of the City of Columbus by amending that Act of the General Assembly of Georgia, approved August 13, 1931, authorizing said city to assist its employees and officers in securing policies of life insurance, which policies may include other incidental benefits, this present amendment striking from Section 1 of the Act of August 13, 1931, the proviso for the refunding by such employees and officers of the premiums on said policies upon a pro-rata basis; 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, that the charter of the City of Columbus is hereby amended by amending the Act of the General Assembly of Georgia, approved August 13, 1931, authorizing said city to assist its employees and officers in securing policies of life insurance, which policies may include other incidental benefits, by striking from Section 1 of said Act of August 13, 1931, the words provided, however, said commission shall require that its employees and officers for whose benefit said policies may be issued shall refund to said City of Columbus, out of their wages or compensation, the cost of premiums on said policies, upon a pro-rata basis, so that said section as amended shall read as follows: Cost of premiums to be refunded by employees. Section 1. That the City of Columbus shall have the power and authority to assist its employees and officers, or any part thereof, in securing policies of life insurance, which policies may include other incidental benefits. The commission of the City of Columbus, either by ordinances or resolutions, may carry this power into effect by entering into such contract or contracts and making such appropriation or appropriations as in the discretion of said commission may be proper. Section as amended.

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Section 2. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 23, 1933. COLUMBUS REGISTRARS; VOTERS. No. 275. An Act to amend the charter of the City of Columbus by amending that Act of the General Assembly of Georgia, approved August 8, 1918, fixing the qualifications of voters in city elections in the City of Columbus, so that hereafter, instead of having to pay all State, county, and city taxes in order to vote in said city elections, the taxes so required to be paid shall be the State poll-tax and the city street or capitation tax; 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 that Act of the General Assembly of Georgia approved August 8, 1918, which is an amendment to the charter of the City of Columbus, and fixes the qualifications of voters in city elections in said city, be and it is hereby amended by striking all of that section of said Act designated as Section 10, and enacting in lieu thereof a section to read as follows: Section 10. Be it further enacted by the authority aforesaid, that a board of registrars of the City of Columbus is hereby created, to be composed of the city clerk, the city treasurer, and the city marshal of said city, who shall perform the duties in this Act imposed, without any additional compensation, and who shall take and subscribe an oath, to be administered by the mayor of said city or some officer of this State authorized to administer an oath, for the faithful discharge of the duties of said board of registrars; provided, however, the commissioners shall, at their option,

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designate and appoint any three persons they see fit to serve as registrars of the City of Columbus in lieu of the city clerk, the city treasurr, and the city marshal. Said board of registrars shall, on or before the 15th day of October in each year, prepare and compile a duly certified list of the qualified and registered voters residing within the incorporate limits of said city, in the following manner: They shall take from the permanent qualification book, or voters' book of Muscogee County, in the office of the tax-collector of said county, a list of the names of all persons who have placed their names upon said permanent qualification book or voters' book on or before the 15th day of September of said year; they shall then take from and purge said list of names of all persons thereon who reside without the corporate limits of the City of Columbus, thereby making up a list of the names of all persons on said permanent qualification book or voters' book residing within the corporate limits of Columbus; they shall then take from and purge said last list of the names of all persons as follows: (1) Who have 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, unless such person shall have been pardoned, as provided by paragraph 1, section 2 of article 2 of the Constitution of this State. (2) Idiots and insane persons. (3) Who have failed to pay all State poll-taxes that they may have had an opportunity of paying agreeably to law at least six months before the general city election, except poll-taxes for the year of the election. (4) Who have failed to pay all street or capitation taxes due by them to said city on or before the 15th day of August of said year, except such taxes for the year of the election. Board of registrars. List of voters. Purging list. Said board of registrars shall then make up and compile a list of the names of all persons left, after so purging the

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same as aforesaid, showing on said list the age, occupation, color, street and number of each voter, the white and colored voters to be arranged separately and alphabetically in said consolidated list. After the completion of said consolidated list of registered voters for said city, said board of registrars shall certify the same under their hands and seals, and file the same with the city clerk of said city, and which said consolidated list shall be the official registration list for said city for all primary elections of any political party or organization, held in said city, for the nomination of candidates for all offices of said city elective by the people, and for the regular election to be held in said city for that year. It shall be the duty of said city clerk, after the filing of said registration list, to publish the names on the same in such manner as may be ordered by the commission of said city; and it shall also be the duty of said city clerk to have printed in pamphlet form a sufficient number of said lists for use of managers, superintendents, and clerks of all such elections to be held in said city. Filing purged list. Publication of names. Any person whose name appears on said official registration list shall, if otherwise qualified, be listed and entitled to vote at any special election, special primary election, or other special election which may be held in said city before the next general election. Whenever any special election may be held in said city between the time of holding the regular general election in said city and the 15th day of October of the following year, said board of registrars shall, within five days after the call of said special election, make up an accurate and complete list of all names of persons signed in the permanent qualification book or voters' book of Muscogee County since the compiling of the official list for the last general election, and not before placed by said registrars on said city registration list, and who reside within the corporate limits of the City of Columbus; and within five days thereafter said registrars shall file with said city clerk said supplemental registration list showing the names

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of additional voters who are entitled to vote at said special election, and any person whose name appears on said list may vote at such special election and at any primary to nominate candidates for offices to be filled at such special elections; but the registrars shall purge said list before filing it, of all persons (1) who are disqualified under the provisions of paragraph 1, section 2 of article 2 of the Constitution of this State; (2) who have failed to pay all State poll-taxes that they may have had an opportunity of paying agreeably to law at least six months before said election, except taxes for the year of the election, and except when said election is held six months from the expiration of the time fixed by law for the payment of said State poll-taxes; (3) who have failed to pay all street or capitation taxes due by them to said city at least three months before said election, except taxes for the year of the election. It shall furthermore be the duty of said registrars upon the call of a special election to purge the list of registered voters prepared for the last general election in said city of any names subsequently disqualified, under any one of the three specifications above set out for purging said supplemental list; and it shall be the duty of the said city clerk to furnish to the managers of said special election two lists, one composed of the list of voters entitled to vote by reason of their registration for the last general election, and the other made up of those entitled to vote by their subsequent registration, as hereinbefore provided for; and if a primary is held for said special election, it shall be the duty of said city clerk to furnish said lists also to the managers of said primary in time for use in said primary; and no one shall be entitled to vote either in said special election or in said primary election, unless his name is upon one of the lists furnished by said registrars to said city clerk and by him to the managers of said election. Provided, no person shall be deprived of the right to vote in any election if it conclusively appears to the managers from inspection of the

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original list furnished by the registrars that the name of such person was omitted from the printed list furnished by the city clerk by inadvertence or clerical error. In all such cases the managers shall require, as condition precedent to right to vote, the voter to take and subscribe the oath prescribed in Section 4 of this Act. Special elections, lists for. Inadvertent omissions. Oath of voter. Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 23, 1933. COMMERCE SCHOOL BOARD. No. 234. An Act to amend an Act approved August 17, 1909, entitled An Act to incorporate the City of Commerce in the County of Jackson, and prescribe its limits; to provide for the election of the mayor and councilmen and other officers of said City of Commerce; to prescribe their power and duties and the manner of their election; to declare and provide for the police force of said city, and to provide for all matters of municipal concern and cognizance; to provide that all valid bonds and contracts heretofore made and entered into by the municipal authorities of the City of Commerce and the Town of Harmony Grove shall be good and valid for and against the City of Commerce; that all property formerly held and owned by the Town of Harmony Grove shall be and become the property of the City of Commerce; to provide for the issuing of bonds for the establishment of an electric-light plant, and also for the issuing of additional bonds for the enlargement of the present waterworks and sewerage system in said City of Commerce, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled An Act to incorporate the City of Commerce, in the County of Jackson, etc., approved August 17, 1909 (Georgia Laws, 1909, pages 655 to, inclusive), is hereby amended in the following particulars, to wit: First, Section 40 of said Act is hereby amended by adding to the end of Section 40 the following: No member of the school board shall succeed himself until at least one term shall have elapsed since his last service, and that a secretary shall be elected by the board of education; and all vacancies that occur by death or otherwise shall be elected by the council, instead of being appointed by the mayor. School board elections. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. CRAWFORDVILLE MARSHAL AND NIGHT-WATCHMAN. No. 337. An Act to provide for the election of a marshal and night-watchman for the City of Crawfordville by the mayor and council of said city, in lieu of electing said officers by the qualified voters 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 same, that from and after the passage of this Act the mayor and council of the City of Crawfordville shall meet each year as soon as practicable, and in less than ten days after their election, and elect a marshal for said city, subject to the will of said mayor and council, and shall have the power and

Page 912

authority to elect and employ a night-watchman for said city, subject to the pleasure of said authority. Section 2. Be it further enacted by the authority aforesaid, that such marshal and night-watchman at the time of their election shall be at least twenty-one years old and shall have resided in said city at least 15 days before such election. Marshal and night-watchman's qualifications. Section 3. Be it further enacted by the authority aforesaid, that any vacancy in either of said office shall be supplied by said authority. Vacancy. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1933. CRAWFORDVILLE MARSHAL AND NIGHT-WATCHMAN. No. 360. An Act to provide for the election of a marshal and night-watchman for the City of Crawfordville by the mayor and council of said city, in lieu of electing said officers by the qualified voters 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 same, that from and after the passage of this Act the mayor and council of the City of Crawfordville shall meet each year as soon as practicable, and in less than ten days after their election, and elect a marshal for said city, subject to the will of said mayor and council, and shall have the power and authority to elect and employ a night-watchman for said city, subject to the pleasure of said authority. Duplicate of Act next above.

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Section 2. Be it further enacted by the authority aforesaid, that such marshal and night-watchman at the time of their election shall be at least twenty-one years old and shall have resided in said city at least 15 days before such election. Section 3. Be it further enacted by the authority aforesaid, that any vacancy in either of said offices shall be supplied by said authority. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1933. DECATUR TERRITORY INCREASE; REFERENDUM. No. 327. 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; to provide for the non-assumption of bonded indebtedness by said city; to provide a referendum of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that an Act approved August 17th, 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, be and the same is hereby amended so as to change, enlarge,

Page 914

and extend the corporate limits of said City of Decatur, by including the following additional and contiguous territory described, to wit: Beginning at a point on the eastern limit of the City of Decatur, said beginning point being three hundred (300) feet south of College avenue or Covington road, being in land lot two hundred and forty-seven (247) of the fifteenth (15) district of DeKalb County, Georgia; thence running in a northeasterly direction parallel to and three hundred (300) feet from the south side of Covington road five hundred and ninety (590) feet, more or less, to the western line of the property of C. D. Dodd; thence in an easterly direction parallel to and the same distance from the said Covington road three hundred and fifty (350) feet, more or less, to the western line of land lot two hundred and forty-eight (248); thence south along the western line of land lot two hundred and forty-eight (248) seven hundred and fifty-three (753) feet to the south line of land lot two hundred and forty-eight (248); thence east along the south line of land lot two hundred and forty-eight (248), said line being the north line of the Decatur Orphans' Home property, sixteen hundred thirty-two (1632) feet, more or less, to the west line of the property of Mrs. Clark; thence in a northwesterly direction along the west line of said Clark property thirteen hundred seventy-five (1375) feet, more or less, to a point three hundred (300) feet south of the south side of the Covington road; thence easterly parallel to and three hundred (300) feet from said Covington road to the western line of the city limits of the City of Avondale Estates, Georgia; thence north along the western limit of said Avondale Estates four hundred seventy-five (475) feet, more or less, to the north line of a ten (10) foot alley, said point being one hundred fifty (150) feet north of the north side of Covington road; thence westerly parallel to said road, and one hundred and fifty (150) feet therefrom, two thousand and forty (2040)

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feet, more or less, to the west line of land lot two hundred forty-eight (248); thence north along the line of land lot two hundred forty-eight (248) two hundred and twenty (220) feet, more or less, to the north right of way line of the Georgia Railroad and Banking Company property; said last-named point being on the present city-limit line of the City of Decatur, Georgia; thence southwesterly along the north right of way line of the Georgia Railroad and Banking Company and the present city-limit line one thousand (1000) feet, more or less, to the present eastern city-limit line of the City of Decatur; thence south along present city-limits seven hundred and sixty-five (765) feet, more or less, to the point of beginning. Section 2. Be it further enacted by the authority aforesaid, that said additional territory, the residents thereof, 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 contiguous, 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 added territory. Section 3. Be it further enacted by the authority aforesaid, that when said territory is annexed to the City of Decatur under the terms of this Act, the City of Decatur shall not assume nor be held responsible for the payment of any bonded school indebtedness for which said territory may be liable under the Avondale school district or bonded district. Bonded indebtedness, non-liability for. Section 4. Be it further enacted by the authority aforesaid, said that the Ordinary of DeKalb County, Georgia, shall cause an election to be held on the second Wednesday in November, 1933, in which election the registered voters of the

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territory proposed to be annexed above described shall have the right to vote. The ordinary shall provide ballots to be used by said voters, with the following printed on said ballot: For Annexation to the City of Decatur, and Against Annexation to the City of Decatur. Any citizen of said territory shall be qualified to vote in said election, if he is registered before November 1, 1933, with the tax-commissioner of DeKalb County, and shall have paid all poll-taxes due, and shall possess the other qualifications of persons qualified to vote for members of the General Assembly of this State. The ordinary shall have a separate registration list made of the qualified voters in said territory, and shall hold the election in the DeKalb County court-house. Expenses of said election shall be paid from City of Decatur funds. In all other respects the election shall be held in accordance with the laws now governing general elections for State officials. This Act shall not go into effect unless the same is ratified at said election by a majority of those voting in said election casting their ballots in favor of annexation. If this Act is thereby ratified, it shall become effective on the first day of January, 1934. Referendum. Section 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 March 24, 1933. DEEPSTEP CHANGE OF BOUNDARIES. No. 272. An Act to amend an Act to incorporate the Town of Deepstep, approved December 15, 1900, as amended by an Act amendatory thereof approved December 17th, 1902, so as to change the boundaries of said town and fix the point of center thereof; and for other purposes.

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Section 1. Be it enacted by authority of 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 one of the above-recited Act, to wit, An Act to incorporate the Town of Deepstep, in the County of Washington; to confer certain powers upon said town and the officers thereof; to provide for the appointment of officers of said town and the election of their successors; and for other purposes connected therewith, approved December 18, 1900, and as amended by an Act approved December 17, 1902, be and the same is hereby amended by striking the words in the amendment approved December 17, 1902, as foloows, to wit, all that territory embraced within a radius of three quarters of a mile from the intersection of the Linton Road and Sandersville and Milledgeville Road at store of L. A. Gladin, and inserting in said section one of said original Act incorporating said Town of Deepstep, approved December 18, 1900, following the word beginning in the sixth line thereof, and substituting for said words hereby stricken the following language and words, to wit, All that territory embraced in a radius of five eighths of a mile from the residence of B. L. Helton. New boundaries. Section 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 March 23, 1933. DUBLIN TAX-ASSESSOR. No. 273. An Act to amend an Act entitled An Act to create a new charter for the City of Dublin in the County of Laurens, and to reincorporate said city and define its territorial limits, etc., approved August 15, 1910, and Acts amendatory thereof, by amending Section 73 so as to

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define the election and duties of the board of tax-assessors. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that Section 73 of an Act entitled An Act to create a new charter for the City of Dublin, etc., approved August 15, 1910, be amended by inserting immediately after the words to the best of their skill and knowledge in the eighth line of said section, and immediately preceding the words In case any property holder or taxpayer, in the ninth line of said section, the following: And should they desire to raise or decrease the value of personal or real property from that given in by the taxpayer, they shall give written notice directed to the person whose taxes they desire to increase or decrease, to be served personally by the marshal, evidence of which service shall be his entry of service thereon, or by mail, of the date, the place, and the hour that they will be in session, and the date, the place, and the hour that he may, if he so desires, appear before the board of tax-assessors to offer any objections that he might have to the increase or decrease of the value of personal or real property, before same is presented by the board of tax-assessors to the mayor and board of aldermen for ratification, or to be ratified by them, so that said Section when amended will read as follows: Increase or decrease of assessment. Section 73. Tax-Assessors, Board of. The value for taxation of all real and personal property in said city subject to taxation shall be determined by three disinterested freeholders of said city, to be elected annually by the mayor and board of aldermen, 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. And should they desire to raise or decrease the value of personal or real property from that given in by the taxpayer, they shall give written notice, directed to the person whose taxes they desire to increase or decrease, to be served personally by the marshal,

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evidence of which service shall be his entry of service thereon, or by mail, of the date, the place and the hour that they will be in session, and the dte, the place, and the hour that he may, if he so desires, appear before the board of tax-assessors to offer any objections that he might have to the increase or decrease of the value of personal or real property, before same is presented by the board of tax-assessors to the mayor and board of aldermen for ratification, or to be ratified by them. In case any property holder or taxpayer shall be dissatisfied with any assessment so made by assessors, he may appeal to the mayor and board of aldermen, who shall review the same, and whose decision thereon shall be final. Said assessors shall be paid out of the city treasury such compensation for their services as may be fixed by the mayor and board of aldermen, the same not to exceed the sum of three dollars per day to each, for every day actually engaged in said work. Section as amended. Section 2. The provisions of this Act to become effective immediately upon the passage of this Act. Section 3. All laws or parts of laws in conflict with the above Act are hereby repealed. Approved March 23, 1933. EAST POINT TAXES; RECORDER; VOTERS. No. 346. An Act to amend an Act entitled An Act to create a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof, so as to authorize and empower the city council of East Point to provide by ordinance for the return of all property in said city for taxation; to provide for, authorize and empower the city council to prescribe by ordinance a penalty for failure to make such return; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the charter of the City of East Point as contained in An Act to create a new charter for the City of East Point, approved, August 19, 1912, and the several acts amendatory thereof, be and the same are hereby amended by adding thereto and enacting the following provisions and sections, to wit: Section 1. Be it enacted by the authority aforesaid, that the city council of the City of East Point shall have authority to provide by ordinance for the return of all property in the city of East Point for purposes of taxation, whether such property be realty or personalty, tangible or intangible, and to require all persons owning such property to file a written return of same under oath to the city clerk and exofficio tax-collector of said city, and upon such forms and at such time as the city council may prescribe by ordinance. Tax-returns. Be it further enacted, that the return of property as herein provided shall be for the purpose of disclosing said property to the board of tax-assessors of said city, and of enabling said board of tax-assessors to determine the value of and to assess the same; provided, the value of all such property for purposes of taxation shall be determined by the board of tax-assessors from their own knowledge and the best information obtainable, with the right of appeal from such assessment as by law provided. Be it further enacted, that the city council shall have the authority to prescribe by ordinance a penalty for failure to make the return of property provided for herein and within the time prescribed by ordinance; provided such penalty shall not exceed the sum of one ($1.00) dollar against each person or taxpayer failing to make or file such return. The penalty provided for shall be a lien upon said property, and shall be collected in the same manner as the taxes of said city. Penalty for default.

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Section 2. Be it further enacted by the authority aforesaid, that Section 73 of the charter of the City of East Point (Acts 1912, page 909), be amended by striking same in its entirety and inserting in lieu thereof, as Section 73 of the charter of the City of East Point, the following: Be it further enacted, that the value for purposes of taxation of all real and personal property in said city subject to taxation shall be determined by a board of tax-assessors, which shall consist of three freeholders of said city, one from each of the three wards of said city, to be elected annually by the city council on the first Tuesday night of January of each year, and the members of said board shall serve for a term of one year and shall assess all property in the City of East Point and determine the value of same for purposes of taxation for the taxable year for which they are elected. Before entering upon their duties, the members of said board shall each 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 with any assessment so made by said assessors, he may appeal to the city council within such time and subject to such conditions as to form of the appeal as the city council may prescribe by ordinance. The members of the board of tax-assessors shall each be paid as compensation for their services such sums from the city treasury as the city council shall determine before their election, which compensation shall not exceed the sum of ten ($10.00) dollars per day to each assessor for each and every day actually engaged in said work. Whenever, from the nature of the work and from the irregular time and hours within which same must be or may be performed, it shall be deemed not to be practicable to compensate tax-assessors for their work at a stipulated sum per day, city council may fix their compensation at a lump sum which in its discretion is fair and reasonable compensation for the services performed, which sum shall not exceed the rate of

Page 922

ten ($10.00) dollars per day for each and every day of eight hours work actually performed and consumed in the work of said board of tax-assessors. After the compensation for the members of the board of tax-assessors has been fixed by the city council and the members have been elected to serve on said board and have accepted said office by taking the oath as herein prescribed, no additional compensation shall be allowed for any services rendered by said board or the members thereof. In the event a vacancy shall occur on the board of tax-assessors from any cause, either by resignation or by removal for cause as in the case of all other officers elected by city council, the said vacancy shall be filled by election by city council as in the first instance, and the compensation paid to the member thus elected to fill an unexpired term shall be at the rate as that paid the other members. No change, in whole or in part, in the membership of said board shall affect the validity of the assessments made by said board, a majority of the members thereof being a body sufficient to act upon any and all matters and occasions pertaining to the work of said board. Board of assessors. Oath. Appeal from assessment. Compensation. Vacancy. Section 3. Be it further enacted, that Section 62 of the charter of the City of East Point (Acts of 1912, pages 901 and 902) be amended by adding thereto and thereafter as part of the last sentence of the said section, the following: and shall be a lien upon the property from the first day of January of the year for and in which the same are levied and collected. So that said sentence when amended shall read as follows: All taxes shall bear interest at seven per cent. (7 per cent.) per annum from date when due, and shall be a lien upon the property from the first day of January of the year for and in which the same are levied and assessed. Tax lien. Section 4. Be it further enacted that the charter of the City of East Point and all acts amendatory thereof be

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amended as follows: The City Council shall have full authority to prescribe by ordinance what salary shall be paid to the recorder of said city, which salary shall be fixed prior to the election of the recorder, and shall not be changed during the term for which the recorder is elected. Recorder's salary. Section 5. Be it further enacted that Section 5 of the charter of the City of East Point (Acts 1912, page 867) be amended by adding thereto and thereafter as a part of said section the following: Provided, the provisions of this section and succeeding sections respecting the qualifications of voters and electors in the City of East Point shall not be construed as denying the right to vote to any person on account of the non-payment of taxes when such person shall be entitled to vote without the payment of same or without payment of all of same under the Constitution of the State of Georgia and/or the amendments thereto. Voter not disqualified by nonpayment of taxes. Section 6. Be it further enacted, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1933. EATONTON BORROWING AUTHORIZED. No. 210. An Act to amend an Act approved August 5th, 1908, entitled An Act to create and establish a new charter for the City of Eatonton, to declare the rights, powers, and privileges of said corporation; and for other purposes, and the several Acts amendatory thereof, so as to provide for and authorize the City of Eatonton to borrow from the Reconstruction Finance Corporation a sum of money not to exceed fifty thousand dollars, for the purpose of constructing, building, and equipping a municipal electric-light plant; and for other purposes.

Page 924

Section 1. 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 29 of the Act aforesaid and the amendments thereof be and the same is hereby amended by adding thereto the following paragraph, to be known as paragraph (16) of Section 29 aforesaid, and by providing that said City of Eatonton shall have the right, power, and authority to obtain from the Reconstruction Finance Corporation a sum of money not exceeding $50,000.00, to be used by said city, if obtained, for the purpose of building a municipal electric-light plant, and to construct and install all necessary and proper machinery, lines, meters, transformers, and all necessary and proper equipment, and to purchase land, buildings, and rights of way necessary to put said electric-light plant in full and complete operating condition, for the purpose of selling and distributing electrical energy and current to both domestic and commercial consumers and users, and to the City of Eatonton, whether said users or consumers be within the city limits or not. Borrowing from Reconstruction Finance Corporation; limit; purposes. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that said charter of said city is further amended as follows, to wit: That said City of Eatonton shall have the right and authority under this Act to issue for the purpose aforesaid to said Reconstruction Finance Corporation tax revenue bonds, said bonds to bear interest in an amount not to exceed 6 per cent. per annum; and said bonds, when issued, to be a first lien on all property purchased with the money obtained from said Reconstruction Finance Corporation; and said bonds, if issued, shall be paid out of the income from said project only; and said bonds, if issued, to be liquidated in not exceeding thirty years from the date of the issuance of said bonds. Bond issue. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that

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from and after the passage of this Act the City of Eatonton shall have the power and authority to own and operate, for municipal purposes and for profit, and for the specific purpose of retiring said bonds, if issued, said electric-light plant, including its equipment, and to make rules and regulations for the use of the same by the public and for public purposes. Electric-light plant. Section 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 March 23, 1933. ELBERTON COMMISSION GOVERNMENT; REFERENDUM. No. 104. An Act to amend the charter of the City of Elberton, Georgia, approved December 19, 1896, and all Acts amendatory thereof; abolishing the offices of mayor and councilmen and providing for a commission and city manager form of government for said city and for the election of such commissioners and manager; to provide for the removal of commissioners by recall; to provide for a recorder for said city and to prescribe his duties; to provide for the election and employment of all other officers and employees of said city; to provide methods for carrying this Act into effect; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the charter of the City of Elberton, approved December 19, 1894, and Acts amendatory thereof, be and the same are hereby amended as follows:

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Section 2. That the mayor and council of the City of Elberton are hereby empowered and directed to call and hold an election in said city within sixty (60) days after the passage and approval of this Act, for the purpose of adopting or rejecting 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 managers shall have duly certified the results of such election to the governing body, and the same shall have been adopted and entered on minutes thereof, then the provisions of this Act shall become effective thereafter as herein provided. All presons who have attained the age of twenty-one (21) years and have been bona fide residents of the City of Elberton for six months next preceding the date of the election herein provided for shall be held and deemed to be qualified to vote in said election. The clerk of said city shall, upon the passage and approval of this Act, open a book for the registration of voters; such book shall be kept open for a period of thirty days. Notice shall be published by said clerk in the Elberton Star during said thirty days, notifying the voters of said city that the book is open for registration of voters to vote at the election to be held for the adoption or rejection of the provisions of this Act, and shall give the date upon which said election shall be held. At the close of the said thirty days a list of the registered voters shall be made up, certified by said clerk, and certified copies of said list shall be delivered to the managers selected to hold said election; and all persons whose names appear on said list shall be entitled to vote in said election. Referendum. Section 3. Be it further enacted, that the offices of mayor and councilmen of the City of Elberton and all other offices of said city created by legislative enactment, except the board of education and except as hereinafter provided for, are hereby abolished, provided this Act shall be passed, approved, and ratified in the election to be held as herein

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provided; and all laws creating such offices and defining the duties and authority pertaining thereto are hereby repealed except as herein provided. Abolition of city offices; board of education excepted. Section 4. Be it further enacted, that in lieu of the mayor and council of the said City of Elberton there is hereby created and established a city commission, and said City of Elberton shall be governed by said commission and a manager as hereinafter provided. Creation of commission government. Section 5. Be it further enacted, that the said City of Elberton be and is hereby divided into three wards as follows, to wit: Ward One shall be composed of all that part of said city lying and being north and east of the following lines: beginning at the intersection of the present western limits of said city and Tate street, and running thence in an easternly direction, including residents on both sides of said Tate street, to Oliver street, thence along said Oliver street, including the residents on both sides of said Oliver street, to its intersection with the Seaboard Air-Line Railway, and running thence along said railway to where same intersects with the eastern limits of said city. Three wards. 1st ward. Ward Two shall consist of all that part of said city lying south and west of the above-described line from the western limits of said city to the Seaboard Air-Line Railway, and continuing from that point along South Oliver street to where said South Oliver street intersects with the present limits of said city, including all residents on both sides of said Oliver street. 2d ward. Ward Three shall consist of all that part of said city lying south and east of the line beginning at the intersection of Oliver street and the Seaboard Air-Line Railway, and running thence along said railway to where same intersects with the present limits of said city, and thence along said lines to where same intersects with South Oliver street, and

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thence along said South Oliver street to the Seaboard Air-Line Railway, not however, including any residents on said South Oliver street. 3d ward. Section 6. Be it further enacted, that the city commission shall consist of three citizens, one from each of the wards herein established, to be elected by the City of Elberton at large, who shall have been citizens of said city for at least two years next, must not be in arrears with their city taxes, and who shall have been citizens of said city for at least two years next preceding their election and qualification. Each commissioner must be at least 25 years of age at the time of his qualification. And in the event no citizen qualified to serve as commissioner is announced from a ward, a citizen may be chosen from the city at large to serve on the commission. Said commission shall have all the powers and authority now belonging to the mayor and council of said city, except as hereinafter provided; and the said commission shall have such further powers and authority as are in this Act given it. City commission; members, qualifications. Powers. Section 7. Be it further enacted, that the first members of the commission shall be elected as follows: Upon the adoption of the provisions of this Act as provided in Section one hereof, it shall be the duty of the present mayor and council, or their successors in office, to order an election to be held for the selection of three commissioners for the City of Elberton as provided in this Act, same to be held within thirty days after the election provided for in Section one hereof. Notice of said election shall be published by said mayor and council in the Elberton Star not less than twice a week for two weeks prior thereto. Such election shall be held by managers and clerks selected by the said mayor and council, and they shall hold said election in the same manner as other elections are held in and for said city. The ballots to be used in said election shall contain the names of the candidates for commissioner. The managers of said election shall report the results of said election to

Page 929

the said mayor and council before twelve o'clock noon of the next day thereafter; and the said mayor and council shall, on said date, meet and declare the person for each of said wards who shall have received the highest number of votes cast at said election as commissioners. The person who shall receive the largest number of votes at said election shall hold office as commissioner for a term of three years, the person receiving the next largest number shall hold office for a term of two years, and the person receiving the third largest number of votes shall hold office for a term of one year. Immediately after the result of said election has been declared by said mayor and council, and on the same date, the terms of office of said commissioners shall be given. In the event no candidate of the three successful ones shall receive a larger vote than either of the other two, then the three successful ones shall determine by lot which of them shall hold office for three years, which for two years, and which for one year. In the event there shall be a tie between any two successful candidates, then the term of office to be held by each of them shall also be determined by lot. The ballots to be used in said election shall contain the names of the candidates for commissioner, specifying them by wards. Any person qualified to vote in the election provided for in Section one of this Act shall be qualified to vote in the election of commissioners. Election of members of commission. Section 8. Be it further enacted, that after the election provided for in the preceding section, one commissioner shall be elected each year as follows: An election shall be held on the same date as the election held under the preceding section, and each succeeding year thereafter, to elect the successor to the commissioner whose term shall expire during said year. The terms of each commissioner so elected shall be three years. All candidates for elective offices in the City of Elberton, including candidates for commissioner at any regular or special election, shall, ten days prior to any such election, signify their intention of becoming a candidate

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date for such office by personally registering their name in the office of the clerk of said city, in a book to be kept for such purposes, stating the office for which they will be a candidate. Any person failing to comply with this provision shall be disqualified for holding office. Terms of office. Section 9. Be it further enacted, that before entering upon the discharge of their duties, each of said commissioners and all future commissioners shall take and subscribe before some judge or justice of the peace of the following oath, to wit: I do solemnly swear that I will faithfully demean myself as a Commissioner of the City of Elberton during my continuance in office; that I will discharge the duties of the office to the best of my ability; that in the enactment of legislation I will have due regard for the charter of the City of Elberton, 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 or support to any person for any office or any employment in or under the government of the City of Elberton, nor have I influenced my election by the unlawful use of money or other things of value, or by the use of intoxicants, nor have I solicited votes for myself or others. I do further swear that I will not knowingly permit my vote in the election or appointment of any person to a position in the city government, or of the passage or adoption of any ordinance before the commission, to be influenced by fear, favor, affection, reward or the hope thereof; but in all things pertaining to my said office I will be governed by my convictions as to the public good, So help me God. Oath. Denial of promises, solicitation of votes, etc. Section 10. Be it further enacted, that no candidate for Commissioner shall before his election, or in any party primary election, directly or indirectly promise any person or appoint or vote for such person, or any other person, to any office or employment in said city government, nor shall any

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candidate for commissioner solicit votes for himself or for any other person. No person who has been elected as a commissioner and who is acting as such shall solicit votes, or electioneer for any person who is a candidate for the office of commissioner. For a violation of any of these provisions the candidate making such promise, and the person to whom the same is made, or the commissioner violating, shall forfeit his or their office, and either or both shall, upon conviction thereof, be punished as prescribed in section 1965 of the Penal Code of Georgia. Either of the parties to any violation of the provisions of this section shall be competent and compelled to testify against the other, and shall himself be immune from prosecution on account of the transaction about which he testified. Prohibited promises, solicitation of votes. Penalty. Section 11. Be it further enacted, that at least five days prior to any election the commission shall name as election managers three qualified voters of the City of Elberton, but no person who is a candidate for any office in the City of Elberton or who is at the time of the election an office-holder of said city, or who is related to or is an employee or a candidate, shall act as manager or clerk thereof. The election managers when organized, ready for receiving votes at any election held in said city, shall receive from the city clerk the official registration list that has been certified by the proper authorities as the correct list of voters qualified to vote in said election, sealed, 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 manager shall plainly mark or check each name as voted. After said election all ballots cast in the election shall be deposited in the ballot-box, and the same shall be carefully sealed and turned over to the clerk of said city for safe-keeping. Said clerk shall deposit same in the vaults of said city without opening it, until the meeting of the city commission shall be held on the next day after said election, when, in the event of no contest having been filed as to the

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results of said election, the ballots shall be destroyed by them. The voting-list and tally-sheets shall also be returned to the city clerk, under seal, and by said clerk delivered to the commissioners of said city, who shall, after ascertaining the result of any such election, enter same upon their minutes, and thereupon shall return said lists and tally-sheets to the city clerk for safe-keeping. The polls for the holding of all elections in and for the said City of Elberton shall be opened at six-thirty (6:30) o'clock a. m., and remain open until seven (7:00) p. m., eastern standard time. The managers of the election shall certify the results thereof to the commission by their certificates which they shall deliver to the city commission, who, after complying with the terms of this section, shall deliver said certificates to the city clerk, who shall record the same on the minutes of said commission, and said record shall be evidence of the result of said election. Election managers. Conduct of election. Election hours. Section 12. Be it further enacted, that the commission shall at its first meeting, and immediately after qualifying, elect one of the commissioners as mayor of the City of Elberton. The commissioner so elected shall continue to hold the title of mayor for one year thereafter, and a successor shall be elected by the commission for each year thereafter. 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. Election of mayor; term of office. Authority and duties of mayor. Section 13. Be it further enacted, that the city commission thus elected and organized shall be strictly a legislative body. The said commission shall pass all ordinances for the governing of the city, fix the tax rate, license fees, and do and perform all necessary work of a legislative character for the official government of the city. Said commissioners

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shall receive for their services the sum of fifty ($50.00) dollars per year each. Commission to be strictly a legislative body; duties, pay. Section 14. Be it further enacted, that the commissioners shall, at their first meeting and as soon as they qualify, elect a clerk who shall hold office at the pleasure of the commission. Such clerk shall receive such salary as the commission shall fix, shall have charge and custody of said city records, shall attend all meetings of the commission, shall keep accurate minutes of all their proceedings, and said clerk shall keep in the office provided therefor all oaths and bonds of officers and employees, shall keep a record of all elections and appointments to office, and shall perform such other duties as may be provided by this Act, or as may be imposed by the commissioners, not inconsistent herewith. Clerk. Section 15. Be it further enacted, that any or all of said commissioners may be removed from office at any time by recall in the following manner: If as many as one-fourth of the qualified voters of the City of Elberton, as shown by the voters' list of the last city election, shall present a written petition to the clerk, naming the commissioner sought to be recalled and the reason for same, the clerk shall at once publish a notice in the official newspaper, stating that such a petition has been filed, and that an election will be held on a named date, not more than thirty days after the filing of the petition, in accordance with said petition. Such notice shall be published twice a week for two weeks, and said election shall be held as above provided. The existing laws of said city relative to the opening and closing of registration books, preparation of registration lists, selection of managers, etc., shall apply in said election, except that no person affected by said petition for recall shall take any part in naming any registrar, manager, or clerk for said election, the clerk of the commission naming said managers and clerk in the event all of said commissioners are sought to be recalled. The tickets for said election shall have printed thereon: For the recall of Commissioner

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(naming the commissioner); and Against the recall of Commissioner (naming the commissioner). The voter shall strike the proposition to which he is opposed, and the result shall be reported by the managers as in other elections; and if a majority of those voting in such election vote in favor of a recall, such office shall become vacant from the time the results are announced to the commission, and the vacant office shall be filled at an election held as soon as the same can be legally done, and the successor shall serve the unexpired term of the party recalled. No person removed by recall, or who resigns after a petition for recall has been filed against him, shall be eligible for election to said commission or appointment to any city office until after the expiration of the term for which he was originally elected. 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 qualified. In the event that for any cause there shall be a vacancy in the office of one or more commissioners, the commissioner or commissioners remaining in office shall perform all the duties and shall possess all the power and authority of the commission until the vacancy or vacancies shall be filled. In the event, for any cause, there shall be a vacancy in the office of all of said commissioners, the Governor of the State shall appoint three such commissioners, who shall hold the offices until said vacancies shall be filled by an election as herein provided for. In case of death, resignation, removal from office, or vacation from office by removal from said city (and removal shall operate to create a vacancy just as if there should be a formal resignation) of any commissioner, the clerk 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 fill a vacancy caused by a recall election as in this Act provided. Removal from office by recall. Ineligibility of recalled person. Vacancy. Section 16. Be it further enacted by the authority aforesaid, that the commission shall select and appoint a manager

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for said city within thirty days after their election and qualification, and fix his salary to be paid in monthly installments, which salary shall be fixed at the time of his qualification, but which may be changed at any time by the commission. Such manager shall be a male person and an American citizen not less than twenty-five years of age. Such manager shall be subject to removal from office at any time by a vote of the majority of the commission. City manager. Section 17. Be it further enacted, that 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 city. He shall have the appointment, subject to confirmation by the commission, of all heads of departments of said city, except the clerk 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 clerk of the commission and the recorder) without the consent of the commission and without assigning any reason therefor, except that in case he removes the head of any department he shall report to the commission, in writing, the cause of such removal. The manager shall be responsible for the efficient operation of such department of the city government (except in the case of the clerk and recorder), and shall from day to day inspect the workings of each department. He shall have an office at the city hall, and shall keep his office open at least 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 city. All purchases of any kind and description made for the City of Elberton shall be upon the written order of

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the manager, and any sales made to the city except upon the written order of the manager shall be declared invalid by the commission and shall not be paid. Purchases exceeding one hundred dollars or less shall be made upon the written requisition of the head of the department for which the articles are to be used. 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 under the order of the commission. The manager must make a full written report to the commission on the first of each month, showing the operation and expenditures of each department of the city government in the preceding month, and the synopsis of such report shall be published by the clerk in the official newspaper each quarter year. All payments of city funds shall be made by the manager by drawing a written request in duplicate, one of which shall be kept by the manager and the other by the clerk, who shall issue to the person designated a voucher check for the amount stipulated, said check to be signed by the clerk and manager and countersigned by the mayor; all disbursements, except stated salaries, to be approved by the commission and entered on the minutes. 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 votes thereon. Duties of manager. Section 18. Be it further enacted, that the commission shall meet at least twice each month in the city hall, unless providentially prevented, at such hour and on such date as shall be fixed by it. Should any change be had of the day or hour, ample notice thereof shall be given the public. The commission may meet oftener, if adjudged necessary for the

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public good. All such meetings shall be public, and open to all the residents of the city. Meetings of commission. Section 19. Be it further enacted, that the books and records of said city shall be audited at least once every twelve months by certified public accountant employed for this purpose by the commission, and such auditors or accountants shall make written report of the results of such audit. A contract for said annual audit shall be let to the lowest bidder who is a responsible certified public accountant. Auditing. Section 20. Be it further enacted, that all ordinances now in force in the City of Elberton shall not be affected by this Act, except when any such ordinance shall be in conflict with any of the provisions hereof. Ordinances not affected by Act. Section 21. Be it further enacted, that the police court of said city shall be presided over by the mayor, who shall have all the power and authority in said court and in the conduct thereof, and in trying and punishing offenders against the laws or ordinances of said city, as now given the mayor and other presiding officers in said police court. The present method of procedure in said court shall continue. In case of the disqualification, illness, absence from the city, or vacancy in office, one of the commissioners may act as recorder and shall have all the power and authority of the mayor while acting as such. The clerk of the commission shall be ex-officio clerk at the 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 mayor may see fit. The present law governing appeals and certioraris from the police court shall continue of force. The mayor shall receive such additional salary for the duties herein specified as the commission shall fix. Police court.

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Section 22. Be it further enacted, that all persons owning property within the city limits of the City of Elberton shall be subject to pay an ad valorem tax to said city thereon, and lien for such tax shall attach as of January first of each year. The present laws and procedures for the appointment of tax-assessors, assessment of property, the making of tax-returns, collecting of taxes, discount for advance payment of taxes, the issuance of execution, and other provisions pertaining to taxes shall remain of full force and effect. Taxes. Section 23. Be it further enacted, that when any action shall be brought in any court of this State to which the City of Elberton shall be a party, service of any and all writs which are required to be by personal service of a copy served on said city shall be made thereof on any one of the commissioners of said city. Service of writs. Section 24. Be it further enacted, that the following shall constitute the various departments of the city government of said city and the titles of the heads thereof: Departments of government. Police Department (including regulation and management of the city prison) the head of which shall be designated as chief: Public Health, the head of which shall be designated health officer: Fire Department, the head of which shall be designated as chief: Department of Law, the head of which shall be designated as city attorney: Public Works (including inspection of buildings, care of streets, drains, bridges, waterworks, sewerage system, public buildings, and personal property belonging to the city, cemeteries, etc.), the head of which shall be designated director of public works:

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Public Records, the head of which shall be the clerk of the commission. The commission may from time to time, on the recommendation of the city manager, change the departments herein designated and create other departments and define the duties pertaining to each. Section 25. Be it further enacted, that all salaries not otherwise provided for in this Act shall, except in the case of the city manager, be fixed on the recommendation of the city manager by the commission; such salaries shall be fixed yearly. Salaries. Section 26. Be it further enacted, that the commission may from time to time require all of the officials and employees of the city to give bond for the faithful performance of their duties, and may require them to take proper oaths of office. Official bonds. Section 27. Be it further enacted, that the commissioners shall have authority to pass ordinance and resolutions, and impose penalties for the failure to comply with same, for the preservation of peace and good order, the prevention of vice and immorality; shall have authority to disperse disorderly assemblages; to prevent and suppress all gaming and gaming houses, places of ill fame, or houses kept for immoral purposes; to license, tax, regulate, and restrain or prohibit all billiard-rooms, pool-rooms, ten-pin alleys, or other such alleys, inns, taverns, hotels, restaurants, lunch-stands, or other places for public entertainment; to license, tax, regulate, and prohibit itinerant physicians and vendors of medicines or other articles; to direct the location and regulate the operation and the maintenance and management of public bath-houses, bathing-pools, public playgrounds, or other places of amusement, and require the same to be closed if deemed expedient; to preserve the health of the citizens of said city by the adoption of such sanitary rules and regulations as may be proper and expedient,

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and to pass such regulation and ordinances as are proper for the general welfare of said city. Police powers. Section 28. Be it further enacted, that the said commissioners shall elect one of their number as treasurer of said city, who shall give bond and receive such compensation as the commission may determine. Treasurer. Section 29. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. ELBERTON LIGHT, POWER, SEWERAGE, WATER. No. 54. An Act to amend an Act incorporating the City of Elberton, approved December 19, 1896, and the several Acts amendatory thereof; to authorize said the City of Elberton to extend, construct, maintain, and operate its water, sewerage, and electric-line and systems beyond the corporate limits of said city as they now exist or may hereafter be established; to furnish water, lights, power, and sewerage connections to persons, firms, and corporations within and without the corporate limits of said city; to charge therefor and make reasonable rules and regulations governing the same; to acquire by contract, purchase or condemnation rights-of-way, easements, and privileges for water, sewerage, and electric-line systems either within or without the corporate limits of said city; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the City of Elberton, Georgia, shall have the power and authority

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to extend, construct, maintain, and operate its water, sewerage, electric-light and power-lines and systems for a distance of not over five (5) mile n all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and the said the City of Elberton shall have authority to furnish water, lights, power, and sewerage connections to persons, firms, and corporations within and without the corporate limits of said city, and to charge for the same; to make reasonable rules and regulations and may make different charges for the use of such utilities within and without the corporate limits of said city. Extension of water, sewerage, light, and power systems beyond city limits. Section 2. Be it further enacted by the authority aforesaid, that said the City of Elberton is hereby authorized and empowered to acquire, by contract, purchase, or condemnation, rights of way, easements, and privileges for water, sewerage, electric-light and power-lines and systems within the corporate limits of said city, and without the corporate limits of said city within a distance of five (5) miles in any direction beyond the corporate limits of said city as the same now exist or may hereafter be established. Power as condemnation, etc. Section 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 February 22, 1933. FAIRBURN SALES, ELECTION REQUIRED FOR. No. 265. An Act to amend an Act approved August 3, 1925 (Georgia Laws 1925, pages 1024 through 1048), incorporating the City of Fairburn, by adding at the end of Section 45 of said Act a new paragraph to read as follows: Provided, that said City of Fairburn shall not sell any asset of said city which was constructed or purchased by said

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city from the proceeds of the sale of municipal bonds, unless such sale be approved by two thirds of the qualified voters voting, which two thirds shall be a majority of the qualified voters of said city, at an election called by the mayor and council to determine the desire of said voters as to such sale. The mayor and council shall call such an election upon the request of one fourth of the qualified voters of said city. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act approved August 3, 1925, incorporating the City of Fairburn (Georgia Laws 1925, pages 1024 through 1048), be and the same is hereby amended by adding at the end of Section 45 a new paragraph to read as follows: Provided, that said City of Fairburn shall not sell any asset of said city which was constructed or purchased by said city from the proceeds of the sale of municipal bonds, unless such sale be approved by two thirds of the qualified voters voting, which two thirds shall be a majority of the qualified voters of said city, at an election called by the mayor and council to determine the desire of said voters as to such sale. The mayor and council shall call such an election upon the request of one fourth of the qualified voters of said city. Election to authorize sale of assets bought from proceeds of bonds. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. FAIRBURN STREET CLOSING. No. 264. An act to authorize the mayor and council of the City of Fairburn to close Smith Street, in said City of Fairburn,

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between East Broad Street and Bay Street, and to authorize the use of said street for public-school-ground purposes; and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, that the City of Fairburn be and it is hereby authorized to close Smith Street in said city, between East Broad Street and Bay Street, provided said city shall dedicate such closed portion of said street to the board of education of Fulton County, for use as public-school grounds; and provided further that the right to open and use said street shall revert to the City of Fairburn when its use as a public-school ground by said board of education is discontinued. Authority to close part of Smith Street for school grounds. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. FITZGERALD, AMENDMENTS TO CHARTER OF. No. 294. An Act to amend an Act amending and revising the charter for the City of Fitzgerald, and entitled An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes, approved August 17, 1914, 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 the same, that Sec. 31 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be and it is hereby amended by striking from said section the words, all taxes

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and license due said city, and inserting in lieu thereof the following words, all ad valorem taxes levied or assessed by the City of Fitzgerald against the personal property of all such persons for a period of three years next preceding the year in which any election is to be held, so that said section, as amended hereby, shall read s follows: Sec. 31. Be it further enacted by the authority aforesaid, that all persons qualified to vote at any election for members of the General Assembly of this State, and who have paid all ad valorem taxes levied or assessed by the City of Fitzgerald against the personal property of all such persons for a period of three years next preceding the year in which any election is to be held, and who shall have resided in said State twelve months, and said city six months, next preceding said election at which he offers to vote, and who shall have registered as required by the registration laws of said city, shall be qualified to vote at any election provided for in this charter. Voter's qualifications. Section 2. Be it further enacted by the authority aforesaid, that Sec. 32 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be and it is hereby amended by inserting in said section immediately following the words that no officer or employee of the city, and immediately preceding the words, shall be eligible, the following words, to wit: who is elected by the qualified voters or by the mayor and council, and by striking from said section the following words, the Chief of Police, so that said section, as amended hereby, shall read as follows: Sec. 32. Be it enacted further by the authority aforesaid, that no officer or employee of the city who is elected by the qualified voters or by the mayor and council shall be eligible to hold any office in said city, except the superintendent of water and lights, the city engineer and the city architect, unless he is qualified to vote for the members of

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the General Assembly and for mayor and aldermen under the provisions of this charter. Eligibility for office. Section 3. Be it further enacted by the authority aforesaid, that Sec. 55 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be and it is hereby amended by inserting in said section immediately following the first sentence thereof the following words and sentences, to wit: The said water, light, and bond commission shall have, and is hereby given, full power and authority to operate and maintain the water and light plant and water and sewerage systems of said city and any other public works under their management and control, and to enlarge or extend the same; to employ such officers, agents, and employees as they may, in their discretion, deem necessary and fix and pay the compensation to be paid to such officers, agents, and employees; to fix the rates to be charged consumers for electrical energy and for water and lights furnished them, and to change such rates at any time, and from time to time, as they in their discretion may deem necessary and expedient, provided, however, that the rates so fixed by said commission shall at all times be sufficient to provide the funds necessary for the operation and maintenance of the water and light plant and water and sewerage systems and other public works under their management and control, including the necessary repairs and depreciation such as are ordinarily charged to privately owned plants of a similar nature, and to provide all necessary and reasonable extensions of such systems, and shall also be sufficient to provide, in addition thereto, a surplus or profit of not less than ten (10%) per cent. of the gross annual income derived from the operation of said water and light plant or other public works under their management and control, which surplus or profit and any additional surplus or profit over and above such minimum amount shall be paid in to the treasury of the City of Fitzgerald; to operate the city's

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light plant for the production of electrical energy, or, in their discretion, to contract for the purchase of electrical energy, either from public or privately owned plants, for the purpose of distribution and resale to its consumers, and to enter into such contracts for a period of time not exceeding five years; to purchase machinery, supplies, and materials necessary for the operation, maintenance, extension, and improvement of the water and light plant and water and sewerage systems and other public works under their management and control, either for cash or upon deferred payments, provided that such deferred payments shall not extend over a period of time exceeding three years; and to fix, prescribe, and enforce the rules and regulations governing the sale and distribution of water and electrical energy, including the right to require a cash deposit from consumers before connections are made and service rendered; and it shall be the duty of said commission to furnish all necessary street lights and lights and water for the public buildings and parks of said city and water for firefighting purposes, without charge to the City of Fitzgerald, and by adding to said section the following words and sentences, to wit: Said water, light, and bond commission shall each year elect a chairman and secretary, who shall be members of said commission, and the secretary of said commission shall be the custodian of all securities and funds constituting the sinking fund and any other funds in the hands of said commission, and shall be required to give a surety bond in such amount as may be required by the commission, not less than ten thousand dollars ($10,000.00), for the faithful performance of his duties and the forthcoming of the funds and securities entrusted to his care, such bond to be payable to the City of Fitzgerald, the premium on such bond to be paid by said commission. Powers of water, light, and bond commission. Chairman and secretary of water, light, and bond commission. Bond. Section 4. Be it further enacted by the authority aforesaid, that from and after the 31st day of December, 1933, and effective as of the first day of January, 1934, Sec. 58

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of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be and it is hereby amended by striking therefrom the following words, that all ad valorem taxes due to the City of Fitzgerald shall be due and payable on the 20th day of December of each year; and the first day of March of each year is hereby fixed as the taxing date of said city, and inserting in lieu thereof the following words and sentences, to wit: That all property returned or assessed for taxation in the City of Fitzgerald shall be returned or assessed as of the first day of January in each year, and all persons, firms, or corporations residing in said City of Fitzgerald, or owning personal property located therein, shall, on or before the 1st day of February in each year, make a return of all such personal property owned by them; and the city tax-assessor shall, on or before the first day of March of each year, assess each tract, lot, or parcel of real estate, and the improvements thereon, located within said city, for taxes during such year. All ad valorem taxes, upon both real and personal property, due or that may become due the City of Fitzgerald shall be due and payable on the first day of April of each year; and if the same be not paid within twenty days from the date of their maturity, it shall be the duty of the city clerk to issue executions for same, which shall be levied and enforced in the manner prescribed by law; provided, however, that the mayor and council of the City of Fitzgerald may by ordinance provide, and they are hereby authorized and empowered in their discretion, by ordinance, to provide a method whereby the ad valorem taxes due said city may be paid in installments at the option of the taxpayers, fix the time for payment and maturity of such installments, provide the manner in and the conditions under which the time of payment of the balance of any such taxes may be extended, provide for the issuance of executions for any unpaid balances upon default in the payment of any installment, and generally fix and prescribe the terms, conditions,

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and method under which any such ad valorem taxes may be paid in installments. All executions issued for ad valorem taxes shall bear interest at the rate of seven (7%) per cent. per annum from the date of the issuance thereof. Dates for taxing and paying taxes. Installment payments. Interest. Section 5. Be it further enacted by the authority aforesaid, that Sec. 96 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be and it is hereby amended by adding to said section the following words and sentences, to wit: Said mayor and council are also authorized and empowered to negotiate loans and borrow money, and to execute notes or other evidences of indebtedness therefor, in the name of the City of Fitzgerald for the use of the board of education of said city, provided such loans shall not exceed the amount of the ad valorem taxes levied for school purposes during the year in which the same are made, and which shall be repaid from the ad valorem taxes levied for school purposes during the year in which such indebtedness is incurred; and said mayor and council are also authorized and empowered to make loans and advances to the board of education from any general funds coming into the treasury of the City of Fitzgerald from any source other than from the collection of ad valorem taxes assessed upon the real and personal property in said city; provided, such loans or advances shall not exceed one half of the amount of the ad valorem taxes levied for school purposes during the year in which the same are made, and provided further, that such loans or advances shall be repaid or deducted by the city treasurer from the ad valorem taxes levied for school purposes during the year in which the same are made. Borrowing. Section 6. Be it further enacted by the authority aforesaid, that the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be and the same is hereby

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amended by adding to said charter a new section to be known and designated as Section 106, and to read as follows: Sec. 106. That the mayor and council of the City of Fitzgerald be and they are hereby authorized and empowered, in their discretion, to appropriate and use all or any part of such funds or income that may be received by said city from any sources other than from the collection of ad valorem taxes levied or assessed upon the real and personal property in said city, for any purpose for which the said mayor and council are authorized and empowered to levy an ad valorem tax. Use of funds. Section 7. Be it further enacted by the authority aforesaid that the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be and it is hereby amended by adding to said charter a new section to be known and designated as Section 107, and to read as follows: Sec. 107. The mayor and council of the City of Fitzgerald shall be and they are hereby authorized and empowered each year, in their discretion, to levy a tax of not exceeding one fourth of one mill on all real and personal property within the limits of said City of Fitzgerald, for charitable purposes and for the purpose of providing hospital care for needy and destitute persons within said city, and are authorized and empowered, in their discretion, to contract with any hospital within the City of Fitzgerald for the furnishing of hospital care for such needy and destitute persons under such terms and conditions as they may prescribe; provided, the amounts so expended by them in any one year for charitable purposes and hospital care for the needy and destitute shall not exceed the amount of the tax so levied or assessed for such purposes. Tax for hospital. Section 8. Be it further enacted by the authority aforesaid, that if any section or portion of this Act be declared

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unconstitutional, the remaining sections or portions thereof shall not be affected thereby, and the section modified or amended by such portion of this Act so declared unconstitutional shall be and remain in full force and effect. Act not invalidated by void part. Section 9. 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 March 24, 1933. FITZGERALD PUBLICATION OF NOTICES, ETC. No. 362. An Act to repeal an Act approved August 17, 1927, and entitled 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; and to amend an Act approved August 17, 1914, and entitled An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof; and for other purposes, by striking from said Act Sec. 93, and inserting a new section in lieu thereof, providing the method of selecting a newspaper or official gazette for publication of ordinances and advertisements of said city and the manner in which the rates to be paid for legal advertisements of the City of Fitzgerald shall be fixed, determined, and paid; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 17, 1927, and entitled

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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, be and the same is hereby repealed in its entirety. Section 2. Be it further enacted by the authority aforesaid, that an Act entitled An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof; and for other purposes, approved August 17, 1914, be and the same is hereby amended by striking in its entirety Sec. 93 of said Act, and substituting in lieu thereof a new section to be numbered section 93, and to read as follows: Sec. 93. Be it further enacted by the authority aforesaid, that the mayor and council of said City of Fitzgerald shall each year select a newspaper published within said city, in which its ordinances, advertisements, and notices shall be published for such year, and shall designate the same as the official gazette of said city for such year, unless there be no newspaper published within the City of Fitzgerald, in which event said mayor and council shall have the right and authority to select and designate as the official gazette of said city any newspaper having general circulation therein. Said mayor and council shall have the right and are hereby authorized and empowered, either by ordinance or resolution, to fix and prescribe the rates to be paid for the publication of its ordinances, advertisements, and notices; provided, however, that the rates so fixed shall not exceed the rates fixed and prescribed by law for the publication of sheriff's advertisements. Provided, that before designating any such official gazette of said city the mayor and council shall give at least ten (10) days notice of their intention so to do, and shall designate as such official gazette the

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newspaper in said City of Fitzgerald offering to publish such ordinances, advertisements, and notices at the lowest rate. If there be no newspaper in said city, the mayor and council shall designate the newspaper having a general circulation, which may offer to publish such ordinances, advertisements, and notices at the lowest rate. Said mayor and council may, in their discretion, provide for the publication in the gazette so designated a monthly statement of their receipts and disbursements. Official gazette. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and they are hereby repealed. Approved March 24, 1933. GUYTON NEW CHARTER. No. 138. An Act to create a new charter of the Town of Guyton in the County of Effingham, and to reincorporate said town, and define its territorial limits; to continue in operation, confirm, and consolidate all Acts heretofore passed incorporating said town and amending charter thereof; to provide for all ordinances, rules, regulations, and resolutions of said town, now in force and not in conflict with this Act, to be preserved, continue of force and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers, and the manner of their election and removal from office; to provide for the retention of office for the present officers of said town until the election provided for in this charter is held; to provide for the qualifications of all electors and voters therein, and for the registration books of said town shall be open; to provide for the mayor's

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court and the trial and punishment therein of all offenders against the laws of said town, and manner of appeal therefrom; to provide for a city chain-gang and stockade and the working of prisoners therein, and regulations and management of the same; to provide for a board of health and the officers thereof; to provide for the proper regulation of the water system of said town; to authorize the mayor and council to maintain and operate a system of waterworks and sewers; to authorize said town to borrow money, to hold elections for the issuance of bonds for said purpose and other improvements, and other evidences of debt for like purposes; to provide for parks and create a commission therefor, to regulate cemeteries, to grant and regulate franchises and to provide for streets, avenues, lanes and alleys, sidewalks, crossing ditches, drainage, and for the laying out, operating, grading, working, and paving and curbing the same; to provide for the opening up of all streets, avenues, and squares; and the assessment of the abutting-property owners for such improvements; to provide for a division of the expenses of such laying out, opening, paving, and curbing of said streets, alleys, crossings, avenues, sidewalks, 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 for public use; to create and maintain a chamber of commerce; to provide for the assessment, levy, and collection of an ad valorem tax on all property, real and personal, for general purposes, the manner in which the money shall be raised; to authorize the assessment and collection of a tax for street work and improvement; to provide for the taxation and license of all kinds of trade, business, professions, shows, exhibitions, and entertainments in said city; to grant encroachments on the streets; to force the connection of all closets and sanitary sewers, and to provide a penalty for failure to do so;

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to regulate the manner in which the town shall do such work and hold and enforce a lien against the owners of property for such work; to provide for a general policing and all police laws and the general welfare of the citizens and inhabitants of said corporation; to provide for all matters and things necessary and proper or incident to a municipal corporation; and for other purposes. Section 1. Be it enacted by the General Assembly of 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 government of the said Town of Guyton shall be vested in a mayor and four councilmen. The present mayor and council of said Town of Guyton shall continue in office until the first Tuesday in September, 1934, and until their successors are elected and qualified; and they and their successors and associates shall have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded, to have and use a common seal; shall be able in law and 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 Town of Guyton, 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 hold all property now belonging to the town, either in its own name or the name of others, to the use of said town 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 required; and shall succeed to all the rights and liabilities of the present corporation. They shall have power to borrow money and give evidence of indebtedness for the same, to issue bonds from time to time, and to do and perform all and every act and acts necessary or incidental to the raising of funds for the legitimate use of said city. They

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shall have the right, power, and authority to govern themselves by such rules, laws, by-laws, regulations, ordinance, or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this State or the United States. Corporate powers. Mayor and council. Section 2. Be it further enacted, that the corporate limits of the said municipality shall remain as they are at present. Section 3. Be it further enacted, that there shall be held on the first Tuesday in September, 1934, an election, at which election a mayor and four councilmen shall be elected, and they shall hold their respective offices until the first Tuesday in September, 1936, and until their successors are elected and qualified. On the first Tuesday in September, 1934, or as soon thereafter as practicable, the mayor and council elect shall meet at the usual place for holding council meetings in said Town of Guyton, or at any other place named by them, and shall there severally take, before some officer authorized to administer oaths by law, the following oath of office, or to wit: I do solemnly swear that I will well and truly demean myself as mayor (or as councilman, as the case may be) of the Town of Guyton for the ensuing year, and that I will faithfully enforce the charter and ordinances of said Town of Guyton, to the best of my ability, without fear or favor, and will in all my actions as mayor (or councilman) act as I believe for the best interest of said Town; so help me God. Should the mayor or any councilman be absent from said meeting, he or they may take oath of office as soon thereafter as possible. The mayor and council may provide by ordinance for regular meetings, not fewer than one each month, and shall hold such special meetings as the business of said town may require, to be convened as provided by ordinance. Election of mayor and council; terms of office. Oath. Meetings. Section 4. Be it further enacted, that no person shall be eligible to office of mayor or council of said town unless

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he shall have resided in said town not less than one year immediately preceding his election, and shall be qualified voter in the municipal elections for officers of said Town of Guyton, and shall be a freeholder in said town, and shall qualify as a candidate by filing his name with the clerk of said town at least ten days before said election. Eligibility Section 5. Be it further enacted, that all persons qualified to vote for members of the General Assembly in this State, and who shall have paid all taxes due to the State and County, and all taxes, fines, and monies of every nature legally imposed and demanded by the authorities of said town, and who shall have resided in said town three months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws and orders of said town, shall be qualified to vote at any election held under the provisions of this charter. Voter's qualifications. Section 6. Be it further enacted, that it shall be the duty of the clerk of council to keep a book to be known as the permanent registration book of the electors of said town, and the electors of said town shall sign said book upon taking an oath containing therein, which shall be substantially as follows: I do solemnly swear that I have resided within the limits of the Town of Guyton for three months, and the County of Effingham for the six months, and the State of Georgia twelve months last passed, and that I have paid all taxes legally imposed upon and required of me by the Town of Guyton and the State of Georgia; so help me God. Registration of voters. See Sec. 21, post. Section 7. Be it further enacted, that the town clerk shall keep said permanent registration book open daily during such reasonable hours as may be prescribed by the mayor and council, to enable the electors 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 said town, and does not disqualify

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himself by non-payment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said town; provided, that all qualified electors whose names now appear upon the voters' book of said town need not again register. Section 8. Be it further enacted, that whenever any general or special election is to be held in said town, it shall be the duty of the clerk to close said registration book ten days before said election and turn over same to the mayor, who shall, with the advice and consent of council, appoint a board of three registrars whose duty it shall be to make from said book a list of voters for such election; and in making said list the registrars shall exclude the names of all persons on the registration lists who registered less than ten days before said election, as well as those who have died, removed from the city limits, or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted therefrom by accident or mistake. The council shall provide a reasonable compensation for the work done by the registrars. Close of registration. Registrars. Revision of list of voters. Section 9. Be it further enacted, that all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said Town of Guyton, shall be managed by a justice of the peace or some other judicial officer, and two freeholders who are citizens of said Town of Guyton, owning realty therein; provided, that in the absence of the justice of the peace or other judicial officer, three freeholders shall be qualified to act as managers. Each of said managers, before entering upon his duties, shall take or subscribe before some officer authorized to administer oaths the following oath: Each of us do swear that we will faithfully

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and impartially conduct this election according to law, and will prevent all illegal voting, to the best of our skill and knowledge, and make true returns thereof; so help me God. Election managers. Oath. Said managers shall keep or cause to be kept two lists of voters at said election, and two tally-sheets. All elections shall be held in the town hall or other convenient place designated by the mayor or council. The mayor and council may divide said town into wards and designate a voting place in each ward and the voting shall be by ballot. The polls shall open at six o'clock a. m., and close at three o'clock p. m., standard or eastern time. The persons receiving the highest number of votes for the respective offices shall be elected. The manager for said election held under the provisions of this charter shall be named and appointed by the mayor and council, prior to the elections, and the mayor and council shall determine and provide for the pay of the managers. Said managers shall make returns of the elections to the clerk of the mayor and council and deliver all election papers and ballots to him, who shall destroy them in thirty days after such election, if no contest or contests be filed. Wards. Conduct of election. Section 10. Be it further enacted, that in the event any one desires to contest any election in said town, said contest shall be conducted under the rules and regulations now prescribed by law; and it shall be the duty of the town clerk of the mayor and council to produce the ballot-box and deliver to the justice of the peace or other officer who shall be selected to take evidence to said case, or before some officer who may be designated by law to take testimony in the contest. The said clerk shall produce said box and said contests at the time and place fixed for taking testimony in said contest; and whenever he may be required to produce said box and its contest on account of said contested election, he shall be allowed five dollars for his service, to be paid out of the treasury of said town. Contest of election.

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Section 11. Be it further enacted, that in the event any contest for any of the said offices is instituted, the certificate of said 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. 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 on manager. Section 12. Be it further enacted that the sickness, absence, or disqualification of the mayor, the mayor pro tem., or, in the event of his sickness, absence, or disqualification, any one of the councilmen chosen by the council, shall be clothed with all the rights, powers, and privileges of the mayor, and shall perform the duties of the mayor. Mayor pro tem. Section 13. Be it further enacted, that the mayor, or mayor pro tem., and two members of the council shall constitute a quorum for the transaction of any business before the council, and the majority of the votes cast shall determine all questions and elections before the council. On all questions before the town council the mayor or mayor pro term., if he be presiding, shall be entitled to vote only in case of a tie. All elections for officers by the mayor and council shall hold their meetings within the limits of said town at such time and place as they see proper. Meetings, quorum. Section 14. Be it further enacted, that in the event the office of mayor or any one of the councilmen becomes vacant by death, resignation, or removal from the town or otherwise, the mayor and council, or, in case the mayor's office is vacant, the council shall order an election for the purpose of filling the vacancy or vacancies, by giving such notice as will be provided by ordinance, and the election

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shall be held, returns made, and results declared in the same manner as in the regular election for mayor and council as herein provided; that should the vacancy or vacancies occur within 60 days preceding the regular election of said town, then and in that event the vacancy or vacancies may be filled by the mayor and council, or mayor pro tem., in case of vacancy in the mayor's office and council; the person or persons elected shall be duly empowered and qualified to fill the vacancy or vacancies until the regular election. Vacancy. Section 15. Be it further enacted, that the mayor and council shall, at their first meeting after being elected or as soon thereafter as practicable, elect from their number a mayor pro tem., who shall in the absence of the regular mayor act for him in his stead, and be clothed with all the powers vested in the newly elected mayor. Mayor pro tem. Section 16. Be it further enacted, that at the first regular meeting of the mayor and council of said town after their election and qualification they shall elect a town clerk, who may act as recorder-treasurer. Said clerk shall be ex-officio tax-receiver and tax-collector and clerk of the mayor's court of the Town of Guyton, and clerk of the mayor and council. They shall also elect a chief of police and such additional policemen as the mayor and council may deem fit. Said mayor and council shall have the authority to retain and employ a city attorney and such other officers as they may deem necessary in the governing of said town. All said officers shall hold their office at the pleasure of the mayor and council, not to exceed one year, and shall be paid out of the town funds by an order drawn by the town clerk on the town treasurer and counter-signed by the mayor, or in his absence by the mayor pro tem., or the chairman of the finance committee; and all other expenditures shall be paid by an order drawn and counter-signed in the same manner. And said officers as chosen by the mayor and council shall give bond in such sums as may be required by the mayor and council, conditioned for the

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faithful performance of their duties and for the accounting for all monies entrusted to their keeping. Clerk, to act as recorder-treasurer, tax-collector, etc. Police, attorney, other officers. Payments. Bond. Section 17. Be it further enacted that any of the officers and employees of the Town of Guyton may be removed at any time by a majority vote of the mayor and town council, for the neglect of duty, incapacity, or malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and town council which are not inconsistent with this Act. The mayor shall have the authority to suspend any officer temporarily, in his discretion, until the next regular meeting of the mayor and council, when such officer shall be given a trial. Removal from office. Rules, regulations. Section 18. Be it further enacted, that the mayor and town council may also appoint special policemen, when in their judgment such appointments may be necessary; such policemen shall be discharged when the emergency requiring their service has passed, and to be compensated as the mayor and council may determine, or the town council may by ordinance provide for the appointment by the mayor, at a fixed compensation 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 duty as prescribed for the regular policemen in the town. Special policemen. Section 19. Be it further enacted, that in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made and effected by the marshal, chief of police, or any other policemen of said town; but if damages are ever thus sustained, they can only be recovered out of the officer or officers whose unlawful or unauthorized act may have produced them. Nonliability for unlawful arrest. Section 20. Be it further enacted, that the municipal government of said town shall be vested in the mayor and four councilmen, and such other officers as the mayor and

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council may see fit to elect and appoint as herein provided; that the said mayor and council shall constitute a legislative department of said town, and as such shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, and orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroad-crossings, street-railways, automobiles, bicycles, carriages, drays, hacks, wagons, air-ships, livery-stables and sales-stables, warehouses, store-houses, hitching-places, markets, slaughter-houses, sleeping-apartments, restaurants, cafes, opera-houses, theatres, picture-shows, and all kinds of shows and circuses, dance-halls, skating-rinks, bowling-alleys, pool and billiard-rooms, and all other places of amusement, garages, shops, mills, ginneries, factories, barber-shops, soda-founts, beer-saloons, telegraph and telephone companies, gas, water, light, and electrical companies, power companies, booths, stands, tents, and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said town, and to the peace, security, health, happiness, welfare, protection, or convenience of the inhabitants of said town, and for the preserving of peace, good order, and dignity of said government. The 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 municipal government, and shall not conflict with any special power or authority given said government by this Act or by the 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 council. Section 21. Be it further enacted, that there may be an appeal from the decision of the clerk of registrars, as to the right of a person to register, to a committee of three free-holders previously appointed by the mayor and council for that purpose, whose decision shall be final. All appeals shall be made, heard, and determined within five days from

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the time the appeal shall be filed. After all appeals are decided, it shall be the duty of the clerk or registrars to make a correct list of the registered voters and furnish the managers of the election a certified copy of the same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee of registrars shall have the authority to purge said registration lists of all illegal voters upon three days written notice to the person or persons who have registered illegally. Appeal from decision of clerk of registrars. Registration list. Section 22. Be it further enacted, that it shall be the duty of the clerk of registrars to furnish the managers of the election, at or before the opening of the polls on the day of the election, with a complete list of registered voters, arranged in alphabetical order, certified to under the hand of the clerk of registrars, and the corporate seal of the town. Section 23. Be it further enacted, that any person voting at any town 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 a misdemeanor punishment by the Penal Code of the State of Georgia. Illegal voting; penalty. Section 24. Be it further enacted, that in all elections in said town the mayor, in conjunction with the chief of police of the Town of Guyton and other officers, shall take all necessary measures, steps, and precautions to preserve order, to prevent the carrying any weapon, and to secure to the electors the right to deposit their ballot at the polls without fear of harm, or intimidation. No officer of said town or manager of any election precinct shall threaten or intimidate or persuade any elector at such election. Conduct of election. Intimidation of voter. Section 25. Be it further enacted, that no person is eligible to hold the office of mayor or councilman in said town, unless he be twenty-one years old, a qualified elector of the Town of Guyton, and shall have resided in the Town

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of Guyton for a period of one year immediately preceding his election. The mayor and councilmen shall, at the last regular meeting in August of each year, fix the salaries of all town officials who are to begin their term of office on the first meeting in September following, which salaries shall not be decreased or diminished during the term for which officers are elected. The mayor or any member of council may have an attorney represent said town and receive therefor compensation as may be provided. Qualifications of mayor, etc. Salary fixing. Section 26. Be it further enacted, that the mayor shall be the chief executive officer of the town, and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds for property sold under execution at public sale, which shall be signed by the marshal or chief of police, approve all bills and vouchers for the payment of money, after said bills and vouchers are approved by the council and entered upon the minutes of said town, and shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws and ordinances of the town are faithfully carried out and executed within the corporate limits of the town. He shall keep the board of councilmen advised from time to time of the general condition of the town, and shall recommend such measures as he may deem necessary or expedient for the welfare of the town. He shall preside over the meeting of the board of councilmen, and may call them together at any time when deemed necessary by him; he shall also devote all the time necessary to the discharge of the duties of mayor and councilmen of said town. Duties of mayor. Section 27. Be it further enacted, that should the mayor or any member of the board be guilty of malpractice in office, or wilful neglect of his office, or abuse of the powers conferred upon him, or should be guilty of any other act or acts or general conduct unbecoming an officer of the Town of Guyton, he shall be impeached by the board of councilmen, and upon conviction shall be removedfrom office. Malpractice.

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Section 28. Be it further enacted, that the police force of said town shall consist of a chief of police or town marshal and such other officers and men as the mayor and council may by ordinance prescribe. Their term of office shall be one year, but they may be discharged or suspended at any time by the mayor and councilmen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer, or like offenses, when in their judgment it is best for the good of the service or interest of the town. The compensation of the officers shall be fixed by the mayor and council. The chief or marshal and other police officers shall preserve the peace of the town, and they shall have power and authority to confine all persons arrested in the town jail or in common jail of Effingham County, and bring them before the mayor's court for trial or commitment; provided that all persons not intoxicated, desiring to give bail for their appearance before such mayor's court in bailable cases, shall be allowed to do so. The mayor and board of councilmen 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 town. Police force. Section 29. Be it further enacted, that it shall be the duty of the chief of police, upon the notice given by the mayor or mayor pro tem., or any member of the board of councilmen, to prosecute all offenders against the laws of the State, committed within the corporate limits of the Town of Guyton. In case any crime is committed in the presence of the chief of police, or comes to his knowledge, it shall be his duty to prosecute same without notice. Prosecution for State offenses. Section 30. Be it further enacted, that the chief of police shall give bond in such sum as the council may require, for the faithful performance of his duties as such. In case of death, resignation, removal from office of the chief of police, the mayor, and in his absence the mayor pro tem., and in his absence the board of councilmen, shall appoint some person to perform the duties of the chief of police until the

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next regular meeting of the council, when the mayor and council shall elect a successor for the unexpired term of said chief of police. Chief of police. Section 31. Be it further enacted, that the clerk or recorder-treasurer of the Town of Guyton shall give bond in the sum of fifty per cent. of the expected per annum amount of said town, with good security, conditioned for the faithful performance of his duties as clerk or recorder-treasurer of said town, which bond shall be approved by the mayor. He 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. Clerk; bond, oath. Section 32. Be it further enacted, that it shall be the duty of the town chief of police or marshal to levy and collect all executions for taxes or other money due the town, to advertise and conduct all sales of property under execution or other process, execute deeds or other conveyances used in such cases, attend all meetings of the mayor and council and mayor's court, collect all fines, taxes, and other money due the town, attend to the issuance of all licenses, permits, etc., and perform such other service as the mayor and council shall require; that before entering upon the duties of his office such chief of police or marshal shall take and subscribe such oath as may be prescribed by the mayor and council. Duties of chief of police, as to collection of taxes, etc. Oath. Section 33. Be it further enacted, that it shall be the duty of the clerk or recorder-treasurer to receive and disburse all money of the town upon proper orders, and he shall make itemized reports of all receipts and disbursements and submit same to the mayor and council whenever called upon by them to do so; he shall attend all meetings of the mayor and council and keep the minute-books and files of the same, sign and issue, as clerk or recorder-treasurer, executions and other writs and processes for the collection of taxes due the town, and perform such other duties

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as may be required by the mayor and council, or required of him by ordinance. He shall also attend all meetings of the board of health of said town, and keep the minute-books and files of the same. Clerk's duties. Section 34. Be it further enacted, that the mayor and council shall elect a chief of the fire department, and any other officers and men thereof, whose duties shall be prescribed by said mayor and council and by the ordinances of said town. 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 this department, and fix by ordinance the salaries of the same. The chief 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. Section 35. Be it further enacted, that the mayor and council shall have power and authority to remove or cause to be removed all buildings, awnings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks, or other places in said town. They shall have power, if necessary, to establish a market in said town, to designate certain streets or places for the conduct of certain business, to regulate all butcher-pens, slaughter-houses, blacksmith-shops, tanyards, livery-stables, forges, stoves and chimneys, steam mills, steam grist-mills, millponds, fertilizer-plants, gasoline-stations, garages, mercantile ginneries, fishponds, warehouses, hacks, drays, automobiles, bicycles, motorcycles, and other contrivances of like kind, railroad-crossings, the moving of trains through the town, and to abate or cause the removal of the same or any of them in case they become a nuisance or dangerous or injurious to the health of the town. They shall have power to fill up all open cellars or excavations in said town, or cause the owners to do so when they shall

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deem it necessary for the public interest for the same to be done. They shall also have power to condemn or remove, or cause to be removed, all dilapidated or unsafe 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 town; and they may abate or cause to be removed anything that works a nuisance, or should become injurious or deleterious to the health of, or endanger the lives of, the people of the town; they shall also have the right to condemn property for all public purposes, as provided by the laws of this State. Removal of buildings, obstructions, nuisances. Market. Police powers as to businesses, etc. Condemnation. Section 36. Be it further enacted, that the mayor and council shall have power and authority to protect places of worship, to provide places for the burial of the dead, and to regulate interments therein. Places of worship, burial. Section 37. Be it further enacted, that the mayor and council shall have power to regulate the keeping of gun-powder, gasoline, and other combustibles and explosives, to make regulations for guarding against fires, and to fix and establish fire limits, and from time to time to change, enlarge, or restrict the same; to provide by regulation and ordinance the kinds of building to be erected, the kinds of material and construction; to also have power and authority to grant or refuse permits for all kinds of buildings and other structures to be erected in said town, and to provide by ordinance penalties for any violation of the same. Explosives; protection from fires. Section 38. Be it further enacted, that the mayor and council shall have power and authority to pass all such ordinances and regulations for the government of said town or 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. General police powers.

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Section 39. Be it further enacted, that there may be a board of health for said town, to consist of the mayor and the superintendent of the public schools and one competent physician, and one citizen to be appointed and qualified; the citizens appointed on said board of health shall hold no other municipal office during their term as a member of the board of health. The mayor and board of councilmen shall appoint such other number of citizens to act on the said board of health as they may deem necessary, and shall prescribe by ordinance the proper rules and regulations of said board, shall prescribe their duties and the times they shall meet; and the mayor and council shall fix the salaries of the members who shall be appointed on said board, but the mayor shall serve on said board for his regular salary paid him in his official position. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and council for passage such ordinances, rules, and regulations for the general health and sanitary betterment of the town as they may deem necessary for the good health of the town. They shall also have power to inspect foods, meat, milk, fruit, and other things sold in said town, and report to the mayor and council all persons selling any impure articles, and the said mayor and council 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 town, and shall report any nuisance likely to endanger the health of the town, or any neighborhood or place; and the mayor and council shall enforce all sanitary rules and regulations, and shall prescribe penalties for violation of the same, shall abate all nuisance, and enforce all ordinances for the general health of the town. The mayor and council shall have all the power above conferred on the health board. Board of health.

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Section 40. Be it further enacted, that the mayor and board of councilmen shall have full power and authority over and absolute control of all pipes, sewers, private drains for the filthy water or other substances or flush in said town, 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 town. They shall have full power and authority to prescribe the kind of water-closets, urinals, or other receptacles or drains for water or other fluids or substances to be used within the corporate limits of said town. They shall have power and authority to condemn and destroy any water-closets, privies, urinals, or other receptacles or drains 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 town, and which may be detrimental to the health of the town. They shall also have full power and authority to compel all property owners to connect, build, and construct sanitary water-closets and privies, or other receptacles or drains, on the premises of the said property owners, with the sanitary sewers of said town, with sanitary cesspools, under such rules and regulations as may be prescribed; and if such property owners shall fail to connect any water-closet, urinal, or other receptacle or drain as aforesaid, or fail to build and construct sanitary toilets within the time and manner prescribed, which shall be not less than thirty days, then the town authorities may cause said work to be done and the connections to be made, and provide all necessary material therefor, and assess the cost of the same against the said property owner and the said property so improved, which shall be a first lien on said real estate, superior to all other liens except for taxes; and the marshal or cheif of police shall levy the same on the said real estate in the same manner as the sheriff's sales under judgment and execution. The

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officer making said sales is authorized to execute to the purchaser a deed thereto as fully and completely as sheriff's deeds under sale made by judgment and execution, and shall proceed at once to dispossess the owner thereof and put the purchaser summarily in possession. The town authorities shall have the right, power, and authority to arrest and prosecute the owners of said property before the mayor's court of the town for maintaining a nuisance. The town authorities or any agent of the town 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, urinals, and other drains and pipes, to remove the same whenever condemned, and to inspect the connections and fixtures necessary to connect the same with the sanitary sewers of the town or the cesspools, as the case may be, without being deemed a trespasser or becoming responsible as such to the owner or tenant. Drainage. Water-closets. Assessment of cost of plumbing, etc. Prosecution for nuisence. Section 41. Be it further enacted, that all sales of property under execution in favor of said Town of Guyton shall be advertised in a newspaper published in said town or county, and such sales in all other respects be made and conducted in the same manner as sheriff's sales under execution are now made in this State. Execution sales. Section 42. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power and authority to cause the owner or owners of lots within the town to drain the same, or to fill the same to the level of the streets or alleys on which said lot and lots front; also to cause the owner or owners of cellars holding water to cause the same to be emptied of water or filled up if necessary. Also to have the authority to compel property owners to make proper connection or drain-pipes to storm sewers and gutters or other street waterways, and to pass such ordinances regulating the same as they may deem necessary; and whenever the owner of such property shall refuse or fail, after a reasonable notice to him or his agent, or to the

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tenant in possession of said premises, to comply with the requirements of said mayor and council for a period of twenty days, it shall be lawful for the town authorities to cause the same to be done at the owner's expense, and for the amount so expended the clerk of the town shall issue an execution against said owner, to be collected from said property belonging to him, and a sale under said execution by the marshal or chief of police shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution, and said owner shall be subject to punishment for maintaining a nuisance. Drainage. Execution against property owner. Section 43. Be it further enacted, that the mayor and council 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, found at large within the corporate limits of said town, and to provide by ordinance for the redemption of or sale of the same, and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this section. Animals at large; impounding. Section 44. Be it further enacted, that the mayor and council shall have power and authority to grant encroachments upon the streets, sidewalks, lanes, alleys, and lands of the town, upon such terms and in such manner as may be prescribed by ordinance. Encroachments on streets, etc. Section 45. Be it further enacted, that the mayor and council shall have power to license all legitimate business in said town and fix the license fees for the same by proper ordinance. They shall have power to license and regulate all hotels, public boarding-houses, sleeping apartments, opera houses, theaters, picture-shows, bowling-alleys, billiard-rooms, and pool-rooms; to license and regulate drays, hacks, wagons, automobiles, and other vehicles used for business purposes; to license, regulate, and control all vehicles; to license and regulate and control all livery-stables, garages, places of amusement, telegraph and telephone companies,

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express and railroad companies, mills, ginneries, factories, and all electric, gas, and water companies doing business in said town. They shall also have power and authority, upon proof of the existence of, maintenance of, any bawdy house or house of ill fame within the town, to cause the occupants thereof to be forcibly removed without the town, if they shall refuse to leave after three days notice. Licenses. Section 46. Be it further enacted, that the mayor and council shall have power and authority to impose and collect a tax on all dogs within the town, in such a manner as they deem best, the same to be provided for by ordinance, license the dog, and prevent his running at large on the streets. Tax on dogs. Section 47. Be it further enacted, that the mayor and council shall have power and authority to license and control all markets and marketing within the town limits, to fix the hours for sale therein, to prohibit the sale of marketable commodities elsewhere within the town limits, or at any other time, and to pass all ordinances, rules, and regulations necessary and proper to control and regulate the market and marketing in said town. They shall have full power and authority to establish a town market, to prescribe rules and regulations for government of the same, to rent out stalls and collect therefrom, and to take all steps and do everything necessary and proper to carry out the intentions of this Act. They shall have power to prescribe penalties for the violation of the rules and regulations concerning markets and marketing; and any person violating same shall, on trial and conviction before the mayor, be punished for the same. Markets. Section 48. Be it further enacted, that the mayor and council shall have power to license as many auctioneers or vendue masters of the town, as they may deem proper, and to fix and collect the amount of license fees required of each. They shall have power to license all other occupations or business not herein specifically provided for and not otherwise taxed. Auctioneers.

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Section 49. Be it further enacted, that whenever any execution issued by proper authority of said town, for fines, forfeitures, taxes, license, or any other debt or demand due said town, 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 the State, and the said claim shall be returned and tried in the first justice court, city court, or superior court having jurisdiction thereof, as the case may be. Claims to property levied on. Section 50. Be it further enacted, that the mayor and council shall have power and authority to grant the rights to use any street or streets, alleys, or other passageways in said town for railroad, street-car, telegraph, telephone, gas, water, and electric-light purposes. In granting such franchises they shall fully and completely guard and protect every present and future interest of said town, and no franchise hereunder shall carry with it any right of power except as are specifically set forth, enumerated, and named therein. Grant of franchises. Section 51. For the violation of the laws and ordinances of said town the mayor may impose such fines or punishment as in his discretion he may think best; provided, no fine shall exceed the sum of one hundred dollars or the punishment inflicted shall not exceed imprisonment in the guard-house or county jail for a space of time to exceed ninety days, at labor on the streets of said town. Said mayor may impose any one or all above fines or punishments. Said mayor shall have the same power as other judges of this State to punish for contempt officers and others by a fine not to exceed fifty dollars and imprisonment in the town guard-house not exceeding ten days, or either or both in his discretion; he shall to all intents and purposes be a justice of peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said town, which warrants may be executed by any member of the police force of said town, and to commit the offenders to the county jail of

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Effingham 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. Power as to penalties. Section 52. Be it further enacted, that in criminal cases the defendant shall have the right to appeal to the general council from the decision or judgment of the mayor, and 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 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 certiorari shall have been heard and finally determined by the superior court, whichever the case may be; but no person shall be released from custody until he shall have paid the cost 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 and perform said sentence in the event the said certiorari is affirmed, said bond to be in form and operate as other supersedeas bonds in criminal cases; the mayor being required to certify and send up to the superior court a complete and accurate history of the case as his answer to the petition of certiorari, and the defendant having the right to traverse said answer as provided by law. The mayor and council shall be authorized to pass ordinance regulating the cost for appeals and certioraries; also for the forfeiture of all bonds. Appeal from judgment of mayor. Bond forfeiture. Certiorari. Section 53. The city clerk of Guyton shall be ex-officio clerk and treasurer of the mayor's court, and shall by himself or deputy attend all sessions of said court, and do and perform all other duties required of him in connection with said court by the mayor and council. Clerk's duties as to mayor's court.

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Section 54. The ministerial officers of the mayor's court shall be the marshal and policemen of the Town of Guyton, to whom all mesne 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. Section 55. Be it further enacted, that the mayor and council of Guyton 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, also all other ordinances that they may deem necessary to preserve order, suppress crime and immorality, or to prevent idleness, vagrancy, or loitering in said town, not in conflict with the Constitution or the laws of the State of Georgia. Ordinances, powers as to. Section 56. Be it further enacted, that there may be a town chain-gang for said Town of Guyton, which is hereby created and established, and shall be put in operation whenever deemed necessary by the mayor and council as hereinafter provided. The said chain-gang shall be used for working the streets of the Town of Guyton, and for doing and performing other work in and for said town, or for its benefits, and shall be made up of convicts convicted in the mayor's court of Guyton, and by employing from the proper authority persons convicted as misdemeanor in other courts of the State. Said chain-gang shall be governed by the same rules and regulations as govern other municipal and county chain-gangs in this State, unless otherwise provided herein. Chain-gang. Section 57. The mayor and council of Guyton shall have the power to select a competent warden for said chain-gang, or they may select the chief of police, who shall receive no extra compensation, and who shall be empowered to contract with the County of Effingham or any other person or

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corporate body for sleeping quarters and board for said convicts. Warden for chain-gang. Section 58. Be it further enacted, that the authorities in charge of the chain-gang shall have prepared and have published full and complete reasonable and humane rules and regulations for the government of the convicts under their control, which rules may be amended as the occasion may require, but shall specifically prescribe powers and duties, in all respects, of the superintendent, commissioner, and boss, or other persons connected with the management of the convicts, as to care, keeping, control, work, and discipline of convicts. Regulations as to convicts. Section 59. Be it further enacted, that the superintendent, commissioners, guard, boss, or other person or employer of convicts shall be personally responsible or liable for any injury or damage to any convict resulting from the employment, care, control, keeping, work, and discipline of convicts, who are under the direction of said governing authorities respectively, in accordance with reasonable and humane rules and regulations adopted as aforesaid. Injury to convict. Section 60. Be it further enacted, that white and colored convicts shall not be confined together at any time or place, nor shall female convicts be confined in the same compartment with male convicts, and should be worked separately as far as practicable. Separation of white and colored, male and female convicts. Section 61. Be it further enacted, that the boss, superintendent, or other person having the convicts in charge shall keep a book in which he shall record the names of all persons placed in his charge, giving their age, sex, color, time received, time worked, behavior while confined, offense with which they are charged, a record of number of times convict was punished, time of discharge, and such other information as may be required of him by the town authorities. Records as to convicts.

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Section 62. Be it further enacted, that the mayor and council shall have power, in their discretion, to hire out and dispose of the convicts convicted in the mayor's court of said town, in the same manner and under the same rules and regulations as the convicts who are convicted in the State court in said county, for which length of time they may see proper to do so, if in their discretion it would be proper to do so, if in their discretion it would be better for the town's interest than to maintain a chain-gang in said town. Hire of convicts. Section 63. 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 the rules of evidence. All officers shall be legal witnesses on trial. Practice in mayor's court. Section 64. Be it further enacted, that all persons put on trial in the mayor's court shall have opportunity to employ counsel if they so desire. Counsel for convicts. Section 65. Be it further enacted, that persons who have worked one or more days in the chain-gang, and, becoming able to pay the fine imposed, shall have the fine reduced according to the number of days worked, and shall be released upon the written authority of the mayor, based on the information of the clerk and treasurer of said town that such fines have been paid. Release from chain-gang. Section 66. Be it further enacted, that the mayor and council of the Town of Guyton shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, alleys, sidewalks, crossings, or other passageways of said town, 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 of any street, avenue, alley, sidewalk, crossing, or other passageway of the town.

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They shall also have power to prescribe by ordinance for the curbing, 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, to supervise the construction of 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 passageways-to be paved in such manner, with such materials as they may determine by resolution or ordinance. And said town to pay all expenses of paving. Streets, paving, etc. Section 67. Be it further enacted, that the mayor and council of said town 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 sections, relating to paving, as to them may be deemed to the best interest of the town, and which shall not be in conflict with the Constitution and laws of Georgia. Ordinances as to paving, etc. Section 68. Be it further enacted, that the mayor and council shall have the power and authority, at any time that they may deem necessary, to appoint a park commission, and shall by proper ordinances prescribe the manner of election, term of office, duty, and salary of the same. Park commission. Section 69. Be it further enacted, that all male residents of said town between the ages of 21 and 50, who have resided in said town for thirty days before the first of June each year, shall be subject to work the streets of said town, not to exceed three days in each year, or pay a commutation tax in lieu thereof, not to exceed three dollars, as the mayor and council may determine. Should any person liable to work the streets under this section fail or refuse to do

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so, or to pay the street tax assessed in lieu thereof after having received the notice from the marshal or other public officer so to do, such person may be sentenced by the mayor to work upon the streets of said town for and during the term of not exceeding fifteen days under the direction and control of the marshal, or to be fined or placed in the guard-house, in the discretion of the mayor. Street work; commutation tax. Section 70. Be it further enacted, that the mayor and council of said town shall have full power and authority to levy and collect an ad valorem tax, not to exceed four (4) mills, upon all property real and personal, within the corporate limits of the town, which is taxable under the laws of this State, and to provide the manner in which the same shall be collected. Ad valorem tax; limit 4 mills. Section 71. Be it further enacted, that should any person fail or refuse to pay the tax or license imposed by the town authorities according to this charter, within the time allowed or prescribed by the ordinance of said town, the clerk shall issue an execution against such delinquent tax-payer for the amount due by him to the town, which shall be signed by the town clerk in his official capacity and bear test in the name of the mayor and the town council of Guyton. Tax executions. Section 72. Be it further enacted, that said execution shall bind all of the property of that said defaulting tax-payer owned in said town on the first day of January in the year for which such taxes are due. Said executions shall be directed to and enforced by the marshal or chief of police of said town, who, after levying the same upon the property of such defaulting taxpayers, shall, if the property be personal property, advertise the sale by posting notices in three of the most public places in said town 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 said town or county before selling same. All sales

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under such executions shall be made by the town marshal or chief of police before the door of the council chamber, or at such place as may be prescribed by ordinance, notice of which place and time shall be contained in the advertisement. The property levied upon shall be sold by the marshal or chief of police at public outcry to the highest and best bidder. Where the sale is of personal property, the marshal or chief of police shall deliver possession thereof to the purchaser. When the real estate is sold, the marshal or chief of police shall make to the purchaser a deed against whom the execution is issued; and it shall be the duty of said marshal or chief of police, upon application of the purchaser or his agents, to put said purchaser or agent in possession of the real estate sold; provided, the said marshal or chief of police shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants, or assigns, since the lien of the town taxes attached. Lien of tax. Tax sales. Section 73. The town clerk shall be entitled to fifty cents for each fi. fa. issued, and the marshal or chief of police to the same fees for levies as are allowed to the bailiffs of this State, and the same fees for selling as are required by sheriffs for selling property in this State; provided, the mayor and council may by ordinance provide for all such costs to go into the town treasury and pay the town clerk and marshal or chief of police a regular salary for their whole duty to the town. Fees for fi. fas., etc. Pay of clerk and marshal. Section 74. Be it further enacted, that the mayor and council of said town shall have the power and authority to prescribe by ordinance the time and manner in which all persons shall return for taxes all property of every kind and nature, and also prescribe when all businesses and occupation tax and license shall be paid to the town. Time of tax-returns, etc. Section 75. Be it further enacted, that the mayor and council shall have power and authority each year, if in their discretion they see proper, to appoint three tax-assessors,

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whose duty it shall be to value the real estate in said town for taxation and to scrutinize carefully each return of property, real and personal, by any taxpayer of the town; 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 full value thereto, or they think may act as such tax-assessors. Tax assessors. Section 76. Be it further enacted, 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 town, one of whom shall be selected by him, one by the assessors, and the third by those two selected, and the majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The mayor and council are also given authority to fix the compensation of said tax-assessors, and also pass such ordinance bearing upon the question as they may deem proper. Complaint of assessment. Pay of assessors. Section 77. 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 town council of Guyton, or either of them, in accordance with the provisions and ordinances passed in pursuance thereof. Charter as defense to mayor, etc. Section 78. Said mayor and council shall have authority to establish a guard-house, and provide regulations for the same, in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the town 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 policeman of the town shall have the right to take up all disorderly persons or person and confine them in the guard-house to await their trial. Guard-house.

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Section 79. Be it further enacted, that the mayor and council of said town shall have the right to establish and maintain a town stockade for the confinement of all convicts of the town, and to prescribe suitable rules and regulations for the same, whenever they deem the same necessary. Stockade. Section 80. Be it further enacted, that the mayor and council shall have power, whenever they deem it necessary and to the best interest of the town, to establish a bureau for the commercial and business interest of the town, to be known as the Guyton Chamber of Commerce; and the said mayor and council may prescribe scope for its work, the duties devolving upon its membership, its officers, and appropriate such sums for its maintenance and operation as they deem proper. Chamber of Commerce. Section 81. Be it further enacted, that the mayor and council of said town, or the water and light commission whenever such may be created, shall have the right to make contracts with persons, firms, or corporations residing beyond the limits, to furnish them with light and water, or water, or lights, whenever the same can be done without interfering with the efficient service of the town light and water plant to the inhabitants of the town. Contracts to furnish light or water. Section 82. Be it further enacted, that the mayor and council may have the right to employ a competent accountant to examine the books of the officers of the town, relative to the affairs of the town, as often as said mayor and council shall consider necessary. Accountant. Section 83. Be it further enacted, that the mayor and council shall have full power and authority to regulate the running of all railroad-trains and bus lines within the town limits, and to prescribe the manner in which same may be run and the rate of speed of the same. Railroad-trains. Section 84. Be it further enacted, that the mayor and council of said town shall have power and authority to order

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elections at various times to determine the issue of bonds, and to issue bonds in accordance herewith, for all public improvements as they may deem necessary; that they may bond for the purpose of enlarging the waterworks and sewer systems of the town, to establish a light plant, to erect a town hall where the public business of the town shall be transacted, to curb and pave the streets, and for such other public improvements as they may deem proper, and provide how the public debt of the town shall be paid; and may constitute such sinking-fund for that purpose, if they may deem necessary. Bond issues. Section 85. Be it further enacted, that the mayor and council of said town 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 whatever. Said mayor and council are hereby authorized and empowered to issue interest coupons, payable annually, for the interest on said bonds. Any money remaining in hand, received and collected under this Act, after the payment of maturing interest coupons and bonds each year, shall be held by the mayor and council as a sinking-fund for the payment of the bonds and interest maturing the next year. Tax to pay interest on bonds. Section 86. Be it further enacted, that said bonds shall be signed by the mayor and clerk of said town and registered and sold in such manner and in such sums and at such times as the mayor and board of councilmen may determine for the best interest of said town and the speedy execution of the objects of this Act. Bonds. Section 87. Be it further enacted, that every ordinance and resolution passed by the board of councilmen may be subject to the veto of the mayor in the following manner:

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The mayor shall within three days write out his objections to such ordinance or resolution, and the board of councilmen, at the next regular meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution, or other action shall become adopted over said veto. Should as many as three councilmen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all cases be entered on the minutes. Veto by mayor. Section 88. Be it further enacted, that this Act shall not abolish any of the ordinances now in force in said town, except where they come in conflict with this charter, but shall preserve and continue the same. Ordinances not abolished. Section 89. Be it further enacted, that all other acts heretofore approved by the General Assembly relating to the Town of Guyton, except 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. Laws continued in operation. Section 90. Be it further enacted, that whenever any real estate is sold for taxes, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon said principal amount. When any such sale for taxes due, and no person present shall bid for the property put up for sale as much as the amount of such execution and all costs, then any fully authorized or appointed agent of the town may bid off such property for the town, and the police officer or such other officer making the sale shall make the Town of Guyton deed to the property so sold, and deliver the same, and the title thus acquired by the town shall be perfect and valid after the period for the redemption by the owner shall have expired, and the policeman

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or other officers making the sale shall put said town in possession, and the mayor and council shall have no right or authority to divert or alienate the title to any property so purchased except by public sale to the highest bidder in the manner to be prescribed by ordinance of said town. Redemption from tax sale. Section 91. The Town of Guyton shall have the power and authority to condemn land and property for any public use to wit: for streets, alleys, sidewalks, ditches, drainage, schools, school grounds, public playgrounds, parks, public libraries, waterworks, light plants, cemeteries, jails, and for any and all public uses, when needed, under the rules and methods and regulations as are now provided by law. Condemnation of property. Section 92. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1933. HAZELHURST SPECIAL INDEBTEDNESS. No. 7. An Act to amend an Act creating, by substitution, a new charter for the City of Hazelhurst, as approved on August 18th, 1919 (Acts of General Assembly of Georgia 1919, pages 969 to 1019, inclusive), so as to authorize the City of Hazelhurst to create a special indebtedness, not to exceed $10,000.00, and to be used in improving the municipally-owned water system by sinking a new well; purchasing and installing modern pumping equipment therein; to purchase and install new water-meters; to reinstall old water-meters, and to put new cover on the reservoir, and make such other improvements as the mayor and council may determine to be necessary; to authorize the mayor and council of the City of Hazelhurst, by resolution, to provide for the execution of notes or

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other evidences of indebtedness on time and terms as herein provided, and to scure the payment of the same by mortgaging the said water system and/or assigning part of the income from the said water system, not to exceed 25% of the gross, for a sufficient time to pay off said obligation, to contract such debt as a special obligation chargeable against the water system and the income thereof, and in no event a general obligation of the City of Hazelhurst; 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 of the General Assembly of Georgia, approved on August 18th, 1919 (Acts of General Assembly of Georgia 1919, pages 969 to 1019, inclusive), be and the same is hereby amended as follows: Section 1. By inserting in the fourth line of the eighty-first section of said Act, and immediately after the word loans the following: except as hereinafter provided, by inserting in the sixth line of the eighty-first section, and immediately after the word repaid, the following: except as heinafter provided, and by adding to the said eighty-first section the following: However, the mayor and council of the City of Hazelhurst are hereby authorized and empowered to contract special indebtedness, by borrowing money or otherwise, not to exceed the sum of $10,000.00, on time, not to exceed twenty years, and at interest not to exceed six per cent. per annum, to be used in making improvements on the municipally-owned water system of the City of Hazelhurst, to sink a new well, to purchase and install modern pumping equipment therein, to purchase and install new water-meters, to reinstall old water-meters, to put a new cover on the reservoir, and to make such other improvements as the mayor and council may determine to be necessary; to execute notes or other evidences of indebtedness covering said indebtedness for such time, not to exceed twenty years, as the mayor and council may determine,

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with interest at not exceeding six per cent. per annum thereon, binding the assets and income of the water system only, and not creating a general obligation of the City of Hazelhurst, and to secure the payment thereof by mortgaging the water system and its assets and/or assigning the part of the gross income from said water system, not to exceed 25% of such gross income, for a period of time sufficient to repay the said obligation, and to execute such mortgage and/or assignment and bind the city on such special obligation, but only as a special obligation, so that said eighty-first section when so amended shall read as follows: Authority to borrow for water system. Be it further enacted, that the mayor and council shall be and they are hereby authorized and empowered to borrow money and sign the name of the City of Hazelhurst to notes therefor, thereby binding the city, the said loans, except as hereinafter provided, are never to exceed the income from taxes during the year in which said indebtedness is incurred, and to be repaid, except as hereinafter provided, out of the taxes or other income of the city for the year in which said indebtedness is incurred. However, the mayor and council of the City of Hazelhurst are hereby authorized and empowered to contract special indebtedness, by borrowing money or otherwise, not to exceed the sum of $10,000.00, on time not to exceed twenty years and at interest not to exceed six per cent. per annum, to be used in making improvements on the municipally-owned water system of the City of Hazelhurst, to sink a new well, to purchase and install modern pumping equipment therein, to purchase and install new water meters, to reinstall old water meters, to put a new cover on the reservoir, and to make such other improvements as the mayor and council may determine to be necessary; to execute notes or other evidences of indebtedness covering the said indebtedness for such time, not to exceed twenty years, as the mayor and council may determine, with interest at not exceeding six per cent. per annum thereon, binding the assets and income

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of the water system only, and not creating a general obligation of the City of Hazelhurst, and to secure the payment thereof by mortgaging the water system and its assets and/or assigning the part of the gross income from said water system, not to exceed 25% of such gross income, for a period of time sufficient to pay the said obligation, and to execute such mortgage and/or assignment and bind the city on such special obligation, but only as a special obligation. Section as amended. Section 2. Be it further enacted by the authority aforesaid, that this amendment shall not become effective until it shall have been approved by a majority of the votes cast in an election to be called by the mayor and council of the city for the purpose of voting on the approval or rejection of this amendment, the election to be held at such time as the mayor and council may by resolution provide, the list of voters used at the last general election of the mayor and aldermen of said city being the list of voters to be used, and the time and place of holding said election to be advertised by posting notice of the same at the city council chambers and at two other public places in said city, for at least ten days prior to the date of holding said election. Referendum. Section 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 February 8, 1933. HOMERVILLE, AMENDMENTS TO CHARTER OF. No. 154 An Act to amend the charter of the City of Homerville, approved August 27th, 1931 (1931 Acts Georgia Legislature, pages 805-853, inclusive), so as to provide for the maximum amount that can be charged for cattle and

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hogs impounded; to provide for return of taxes for property assessments, arbitration, notice, etc.; to provide for the election by the people to fill vacancies; to repeal Section 38 of said original Act providing for tax for a commercial club; and for 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 on, after, and from the passage of this Act, the mayor and council of the City of Homerville shall not charge any owner of cattle or hogs, nor shall there be an assessment against said hogs or cattle, more than ten cents (10c) for each hog or cattle per day, for keeping said cattle or hogs in the city pound. No charges shall accrue on said cattle or hogs until the owners of said cattle or hogs have been notified in writing by the authorities of the City of Homerville. The said City of Homerville, and the mayor and council thereof, shall not charge more than ten cents (10c) per day for feed bill, nor shall any one operating the pound for said City of Homerville charge more than the prices set out above. No charge shall be made for catching up said hogs and cattle. Impounding charges. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that on, after, and from the passage of this Act, that should a vacancy occur in the office of mayor or alderman or council of the City of Homerville, said vacancy shall be filled by a called election to be called by posting a notice at the court-house door, and two other public places in the City of Homerville, which election shall be called within twenty (20) days after the vacancy occurs, and said election shall be held by the justice of the peace, or some other officer, together with two other freeholders, residents of the City of Homerville. The mayor and council shall have no right to elect any one to any of these positions. All elections held in the City of Homerville for the purpose of election of city officers, shall be given publicity by a notice

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stating the officers to be elected, the time, and where the election will be held, by placing notices at three public places in said City of Homerville, one notice to be placed at the court-house, at least ten (10) days before any regular or called election. All elections must be held at the court-house in the City of Homerville, and the manager holding said elections, when the results are declared, shall immediately turn the ballots over to the clerk of the superior court, and he shall deal with said ballots as the law provides in other elections. Election to fill vacancy. Section 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that on, after, and from the passage of this Act, Section 38 in toto of the Acts 1931 Georgia Legislature, pages 805-853, is hereby repealed. Tax for Chamber of Commerce abolished. Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that on, after, and from the passage of this Act, when a property owner returns his property for taxation, and/or, when said property is assessed by the mayor and council of the City of Homerville, and/or by the appraisers or assessors appointed by them, and when said return has been by the City of Homerville or its officers raised, or, in case of failure of the property owner to return, assessed, the property owner, if a resident of Clinch County, Georgia, must be served personally with a letter stating the amount of the return, the raise of the return, the assessment, the hour of the day, place, and day of the month that said taxpayer shall be heard. If the taxpayer is a resident of Clinch County, Georgia, the notice must be served on him personally, by the policeman, mayor or any member of the council, at least ten (10) days before the date named in said notice for said taxpayer to appear before the board or mayor and council. If the property owner is a non-resident of Clinch County, Georgia, a letter addressed to his last known address shall be sufficient. Should the said taxpayer

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and City of Homerville authorities fail to agree on the return of said property for taxation, then it shall be the duty of the mayor and council, or the appraisers appointed by them, to give to said property owner written notice naming the person that will act for said City of Homerville, and within five (5) days from receipt of the notice the said property owner shall give in writing to the mayor and council the name of his arbitrator. Within five (5) days from the naming of the arbitrator by the property owner the two shall select a third arbitrator, unless they can agree on the return. If for any reason the two arbitrators cannot agree on the third arbitrator, then they shall both write a letter addressed to the judge of the county court of Clinch County, Georgia, or, in his absence, to the ordinary of Clinch County, Georgia, requesting that said officer name the third arbitrator. The arbitrators shall be residents of Clinch County, Georgia, but need not all be residents of the City of Homerville. The returns of these appraisers shall be binding upon all parties. Property must not be assessed more than sixty per cent (60%) valuation. The millage for taxes shall at no time be more than the millage for the year 1932. Raising of assessment on property returned for taxes; notice, hearing, etc. Assessment limited to 60% of valuation, Millage. Section 5. Be it further enacted by the authority aforesaid, that no person shall be eligible to hold the office of a member of the council, alderman, or mayor, who is not twenty-one (21) years of age, who has not resided in the City of Homerville for the period of at least two years previous to his election, and who is not a qualified voter of said city, and who is not a freeholder. Eligibility for office. Section 6. Be it further enacted by the authority aforesaid, that on and after the passage of this Act the mayor or recorder of the City of Homerville shall not impose a fine upon any person at any time, for a crime against said city, which shall be more than fifty ($50.00) dollars. Any dissatisfied defendant may appeal to the council and shall be given a hearing by the council on the facts and law of the case, and the council shall call a meeting for the purpose of

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hearing said case, and give to the defendant a reasonable time to appear and be heard. The council may hear said matter at a regular or called meetig. The defendant shall have two days from the date of his conviction to appeal to said council, and said defendant shall appeal by giving to the mayor and council written notice of his appeal. Fine limited to $50. Appeal. Section 7. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause, sentence, phrase, word, of any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause, or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the provision, clause, or part so held to be invalid or unconstitutional. Act not invallidated by void part. Section 8. Be it further enacted by the authority aforesaid, that all previous charters and amendments of the town of Homerville that are in conflict with this amendment be and the same are hereby repealed, and all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1933. JACKSON, AMENDMENTS TO CHARTER OF. No. 326. An Act to amend the charter of the City of Jackson, Butts County, Georgia, and all amendments thereto, by providing for the permanent registration of the qualified voters thereof, the bonding of the treasurer thereof, so as to authorize the payment of State school funds direct to him; 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. Section 51 of the charter of the City of Jackson, Acts of the General Assembly, 1908, page 805, providing for the registration of the voters of said city, is hereby repealed, and in lieu thereof the following sections are adopted: Section 2. The City of Jackson is hereby authorized and empowered to provide for the permanent registration of the qualified voters thereof, by providing a book for such purpose, so that one registration therein is all that is required so long as all other qualifications required by such registration are retained by the person registering in said book. Permanent registration of voters. Section 3. The mayor and aldermen of the City of Jackson shall furnish the tax-collector with 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 Constitution and laws of the State and charter of the City of Jackson. Such electors upon qualification shall sign their names in alphabetical order, and shall read or have read to them the oath provided for herein before signing. 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 hereinafter provided for. Section 4. Each person presenting hemself to the collector for the purpose of registering, shall, before signing his name in the book of permanent registration, be administered the following oath: 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 theday of, 19; that I have resided in this State for one year, and in this county for six months, and in the City of Jackson sixty days, immediately preceding the date of this oath, or will have so resided on theday of,

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19; that I have paid all taxes required of me in order that I may qualify as a voter under the laws of the State of Georgia; 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 I reside in theward of said city onstreet; and my age isyears, and my occupation is. The tax collector of said city is hereby authorized and empowered to administer said oath. Oath of voter. Section 5. The tax-collector shall keep said book open in the tax-collector's office during the time said office is open for the transaction of business during the week days, for the purpose of permitting those desiring to register therein. Section 6. The tax-collector shall, on the 1st day of December in each year, close the voters' book for the general election in said city to be held on the first Wednesday of the following January. Closing of voters' book. Section 7. In all cases of special elections in said city, the tax-collector shall close the book of permanent registration 15 days before the holding of said special election, in so far as permitting registrations for said special election. Section 8. On the first day of December of each year the tax-collector shall make up a list of all the registered voters appearing on said permanent book of registration, and furnish the same to the registrars of said city. For all special elections the tax-collector shall make up a list of all registered voters appearing on the book of permanent registration up to within fifteen days of said special election, and furnish the registrars therewith. List of registered voters. Section 9. Should the tax-collector refuse to permit one wanting to register in said book, said applicant has the right of appeal to the registrars; and if on a hearing before said registrars they find said person is entitled to register,

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said tax-collector shall permit said person to register. On refusal of the registrars to permit said person to register, they shall have a right to appeal to a jury in the superior court of said county. Appeal to registrars. Appeal to jury. Section 10. There shall be a book for colored electors offering to register, which shall be separate from the one for the whites. Colored voters. Section 11. The mayor and aldermen of the City of Jackson are hereby directed and required, on organization at the beginning of each year, to name and appoint three discreet qualified electors of said city as registrars for a period of one year from election. Said registrars shall take oath to faithfully and honestly administer the duties incident to their duties as such registrars without fear or favor to any party or parties. Said board of registrars shall inspect the list of qualified votes furnished them by the tax-collector, purge the same of any and all persons appearing thereon who are not entitled to have their names remain on said list, whether said disqualification arose after registration or before, and, after purging same of all disqualified names appearing thereon, furnish the election managers with a correct list, and all those whose name appear on said list shall be permitted to vote in said election, and none others. In special elections said registrars shall also purge said list of voters before furnishing same to the election managers of said special election. In purging said list the registrars shall give notice in writing to each person whose right to vote is questioned by them, at least five days before the hearing by them of said questioned voter's right to have his name stricken from said list. Notice may be served by leaving same at his place of abode or his last known place of abode, in case it is inconvenient or impossible to serve personal notice. In cases of removal from the city of the elector before the purging of the list, no notice is necessary. Only residents of the city can be considered

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qualified electors, notwithstanding any previous registration in the voters' book of permanent registration. On removing from the city all right as an elector is forfeited, until and unless a new residence is acquired by the voter. Registrars, appointment of. Oath. Duties. Section 12. In case an elector is dissatisfied with the findings of the registrars, they shall have a right of appeal to the mayor and aldermen of the City of Jackson, whose findings shall be final. Said appeal can be made immediately upon the findings of the registrars, and the mayor and aldermen shall promptly assemble and hear the appeal de novo. Said hearing shall be before the election, whether general or special, so that a voter may not be removed from the list without a final hearing before the election. Appeal to mayor, etc. Section 13. In hearings before the registrars or on appeal to the mayor and aldermen, all facts and circumstances may be considered in determining the question of qualification of electors. Section 14. The registrars must revise and purge the list of qualified voters before each election, both general and special. Revision of list of voters. Section 15. When a name is stricken from the list of qualified voters for any cause, it can only be re-entered thereon by action of the registrars, who have the right and power to restore the name and if the disqualification is removed. Section 16. No person shall remain registered longer than he retains the qualifications under which he registered. Section 17. The registrars shall not be appointed from one conflicting political interest or party, but shall be representative of the different schools of thought in local politics and interests. Registrars, appointment of. Section 18. The registrars when in session for the purpose

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of purging the lists of voters, or for the purpose of hearing testimony relative to the right of electors to have their names placed upon the book of permanent registration, or any other hearing pertaining to their duties, shall have the right to subpoena witnesses, compel the production of books, papers, and writings, hear oral and written evidence, and are empowered with the right to punish for contempt while in session or for disobedience to any of its subpoenas and conduct of parties or witnesses in their presence. Powers of registrars Section 19. The public-school system as now existing and organized shall continue. The trustees shall remain as now authorized by the charter, and continue to be elected as heretofore, and to hold office as such in the same manner as already provided by the charter of the City of Jackson. Schools; trustees. Section 20. The treasurer of the City of Jackson shall be and act as the treasurer of said school system, and shall collect and receive all school monies due to said local school system by the State, and paid by the State superintendent of schools or any other official or body acting for the State of Georgia or disbursing the State school funds; and to that end he shall give a bond (with an approved surety company) payable to the City of Jackson, the amount to be decided by the mayor and aldermen of the City of Jackson. This bond must be filed with the clerk of the City of Jackson, and a copy recorded on the clerk's records; and it shall be the duty of the mayor and aldermen of said city to send a certified copy of said treasurer's bond to the State superintendent of schools, which copy shall be recorded and kept on file at the State Department of Education. Said bond shall provide for the protection of said school funds, as is or may be required by the State or its authorities, so that said funds may be paid directly to said treasurer instead of being paid over to the county superintendent and then to the City of Jackson by said county superintendent of schools. Treasurer.

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Section 21. The State superintendent of schools is hereby required and directed to pay over all public-school funds due or to become due to the public schools of the City of Jackson to the treasurer of the City of Jackson direct. The State superintendent of schools and all other school officials or bodies are required, authorized, directed, and commanded to deal with the local school system of Jackson in the distribution of State school funds, as a distinct, separate, and independent system just as the county units are dealt with. School funds. Section 22. Section 39 of the charter of the City of Jackson, Georgia, approved August 8, 1908, as appears in Acts of the General Assembly of Georgia, on page 801, of 1908, and Section 3 of an amendment thereto approved August 9, 1916, as appears in Acts of the General Assembly of the State of Georgia, on page 754, of 1916, is hereby repealed. License tax; repealed sections. Section 23. The mayor and aldermen of the City of Jackson shall have power and authority to license billiard-tables and tenpin alleys, shooting galleries, and all public billiard-tables kept or used for the purpose of playing or renting, and all public tenpin alleys and ninepin alleys, or alleys of any kind or character which are kept or used for the purpose of renting the same and for commercial purposes. Provided, that the license for pool and billiard-tables shall not be less than fifty dollars for the first table and twenty-five dollars for each additional table kept or used in the same room, said licenses to be paid in advance before the opening of any such place of business. The mayor and aldermen shall not provide for any non-revokable license to pool and billiard-tables or places of business, but shall pass appropriate ordinances regulating and governing the carrying on and conduct of said pool-rooms and tables, which regulations shall provide for the revocation of said licenses on the violation of any of such regulatory ordinances. Said mayor and aldermen shall issue no license

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without the word written or printed thereon, Revokable. Governing and regulatory ordinances shall be furnished each person, firm, or corporation on payment of the license fee; but failure to be furnished such ordinance shall not absolve the keeper from their effects, and shall not render the license non-revocable for failure to comply with them or for the violation of any of them. Licenses. Revocation of license. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1933. LAGRANGE, AMENDMENTS TO CHARTER OF. No. 299. An Act to amend an Act to create a new charter for the City of LaGrange in the County of Troup, approved December 16, 190; to fix methods of zoning said city; and for other purposes. Section 1. Be 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 councilmen of the City of LaGrange may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment-houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of 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,

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and such districts may be of such shape and area, as the mayor and councilmen of said city, 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 said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Zoning, etc. Section 2. Be it further enacted, that the provisions of this Act as set out in Section 1 shall become effective from date of passage. Section 3. Be it further enacted, that section 10 of said Act be amended by striking the same and substituting therefor the following: Section 10. Be it enacted, that on the first day in each year the persons elected to the offices of mayor and councilmen, or to the office of councilmen, shall appear at the council chamber in said city and take and subscribe before some judicial officer, or the mayor of said city, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) of the City of LaGrange, to the best of my skill and ability, and as to me shall seem to the best interest and welfare of said city, without fear, favor, or affection; so help me God. Provided, however, where the first day in said year shall fall on Sunday, then and in that event the oath shall be subscribed and taken by said officials on the day following. And they shall forthwith enter upon the discharge of the duties of their office. Oath of mayor, etc. Section 4. Be it further enacted, that section 11 of said Act be amended by striking the following in said section: Said mayor and council shall have the power and authority,

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and it shall be their duty, to fix the salaries or compensation of said mayor and councilmen, and all other officers, agents, and employees of said city, which when once fixed shall not be diminished or increased during the term of office for which determined. And substituting in lieu thereof the following: Said mayor and council shall have the power and authority, and it shall be their duty, to fix the salaries or compensation of said mayor and councilmen, and all other officers, agents, and employees of said city. Salaries. Section 5. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 2 of an Act to amend an Act to create the office of city recorder (Acts 1913, p. 919; and 1920, p. 1058), be amended by striking same and substituting therefor the following: Section two. Be it further enacted by the authority aforesaid, that the salary of said recorder shall be not less than fifty ($50.00) dollars per month, nor more than ($100.00) one hundred dollars per month; said salary to be fixed annually at the first regular meeting of the mayor and councilmen of said city in each year, and it shall not be less than the minimum amount nor more than the maximum amount as fixed above. Said salary to be paid monthly by the City of LaGrange, Georgia, out of the funds raised by said city of LaGrange, by taxation or otherwise, for the purpose of defraying the current expenses of said City of LaGrange. Recorder's salary. Section effective Jan. 1, 1935. Section 6. Be it further enacted by the authority aforesaid, that section five of this Act shall not become effective until January 1st, 1935. Section 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 March 24, 1933.

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LAWRENCEVILLE CANDIDATES AND VOTERS. No. 216. An Act to alter and amend, revise, and consolidate the several acts of the General Assembly of Georgia, granting corporate authority to the Town of Lawrenceville (now by charter amendment City of Lawrenceville), etc., and for other purposes, approved December 15th, 1893, and the several amendatory acts thereof, and particularly the amendatory Act of 1912, approved August 19, 1912, No. 629 (Georgia Laws 1912, page 1043); to provide for permanent registration; 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 to alter and amend, revise, and consolidate the several Acts of the General Assembly of Georgia granting corporate authority to the Town of Lawrenceville, now City of Lawrenceville, etc., and for other purposes, approved December 15th, 1893, and the several amendatory acts thereof, and particularly the amendatory Act of 1912, approved August 19, 1912, No. 629 (Georgia Laws 1912, page 1043), be and the same are hereby amended by adding thereto the following words and provisions: The mayor and council of Lawrenceville shall provide a substantial registration book for the permanent registration of the voters of Lawrenceville. The city clerk is hereby named as ex-officio registrar of said City of Lawrenceville. He may name an assistant registrar, or more than one if necessary, who shall have the same authority as the city clerk with respect to registration of voters. This book shall be kept accessible to voters at all times. Permanent registration of voters Registration shall be permanent. When a voter has been lawfully registered in said registration book, he shall not be required to register again for any election of said city hereafter, so long as said voter remains a citizen of Lawrenceville. If a voter ceases to be a citizen of Lawrenceville and

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thereafter returns and re-establishes his domicile in said city, he shall be required to register again before he is qualified to vote. All voters who were registered in the city registration book or books for the 1932 mayor and council election of Lawrenceville are hereby permanently registered, and the registrar or registrars of the clerk of council of said city are authorized and directed to transfer the names of said voters to the permanent registration book herein provided for, and to certify to same in said bok. At the top of each page of said permanent registration book there shall be printed, and the voters shall subscribe to the following oath: Georgia, Gwinnett County. 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 before the first Monday in December next; that I have resided in the State of Georgia for one year, and in Gwinnett County for six months, or will have done so by first Monday in December next; that I have paid all taxes, state, county, or municipal, required by law as a right to vote; that I have registered with the tax-collector of said county. I possess the qualifications of an elector required by paragraph 4, section 1, article 2 of the Constitution of Georgia. Oath of voter. (Signature) Sworn to and subscribed before me this day of 19 City Registrar. White Colored Male Female Section 2. Be it further enacted by authority aforesaid, that all candidates for the office of any and all city officials elected by the people of Lawrenceville, including the mayor and council and board of education, shall announce and give notice, in some local paper having general circulation

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through said City of Lawrenceville, at least fifteen (15) days before the date of the election. Notice by candidate. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. LEESBURG; AMENDMENTS TO CHARTER. No. 109. An Act to amend the Act granting corporate authority to the Town of Leesburg; to confer certain powers upon the Mayor and City Council of Leesburg; and for other purposes. Section 1. Be it enacted and the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, that section 1 of the said charter of the said Town of Leesburg be hereby repealed and that in lieu thereof the following amendement be substituted; That the municipal government of the City of Leesburg shall consist of a mayor and five aldermen, who are hereby constituted a body corporate, under the name and style of the Mayor and City Council of Leesburg, 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, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the City of Leesburg, any estate or estates, real or personal, of whatever kind or nature, within and without the jurisdictional limits of said city, for corporate purposes; and shall by the said name be capable of suing and being sued in any court of law or equity in this State; and shall succeed to all the rights and liabilities of the corporation of the Town of Leesburg. Mayor and council. Corporate name. Powers.

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Section 2. Be it further enacted, that Section XVII of the said charter of the said Town of Leesburg be hereby repealed, and that in lieu thereof the following sections of this amendment be substituted. Section 3. Be it further enacted, that the Mayor and City Council of Leesburg shall have power and authority to enforce by execution the collection of any amount due or to become due to it for taxes, water-rents, license fees, and taxes and assessments of every kind; for fines and for-feitures; for paving streets and sidewalks, lanes and alleys; for laying sewers and drains; for cleaning and repairing privies; and for other debt or demand due the city. Such execution to be issued by the clerk and treasurer against the person, corporation, or firm by whom any such debt may be due, or may 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 Code of 1895, sections 732, 733, 734, and 735, for municipal sales for taxes. Powers. Section 4. Be it further enacted, that when any fi. fa. shall issue as provided in the preceding section, and shall be levied, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto, as now provided by law for claims under tax fi. fa. for State and county tax, such claim to be returned to and heard in Lee County superior court. Claim to property levied on. Section 5. 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 on before the court-house door in Leesburg, on a regular sheriff's sale day, and between the legal hours of sheriff's sales. If the property is divisible, he shall offer it in parcels, and shall sell at public outcry to the highest bidder, and execute title to the purchaser, and shall have the

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same power to place the purchaser in possession as sheriffs of this State have. Tax sales. Section 6. Be it further enacted, that the Mayor and City Council of Leesburg shall have the right to add legal interest and officers' costs to the amount of all fi. fas. issued for the collection of any and all debts due the said Mayor and City Council of Leesburg. Fi. fas. Section 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 March 2, 1933. LINWOOD TOWN JAIL. No. 367. An Act to amend an Act approved on the 3rd day of August, 1920, creating a new charter for the Town of Linwood, in Walker County, Georgia, and for other purposes. Section 1. An Act to amend Section 11 of the existing charter of the Town of Linwood, which charter was approved August 3rd, 1920, so as to insert the words, or the common jail of Walker County, Georgia, in line 16, immediately following the words, in jail of the said town. Town jail instead of county jail. Section 2. Be it further enacted by the authority of the General Assembly, State of Georgia, and it is hereby enacted by authority of same, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933.

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LITHONIA SCHOOL-BUILDING TAX. No. 218. 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, and an Act amending same, approved July 19th, 1927, 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 1934, 1935, 1936, 1937, and 1938, 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, and an Act approved July 19th, 1927, 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 the 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 twenty-five thousand ($25,000.00) dollars, exclusive of any interest that may be paid on money borrowed to build said school buildings, of the said funds so raised shall be expended on account of expense necessary to meet the demands for building and equipping

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public-school buildings, and no amount of said funds shall be expended for any other purpose than building and equipping school buildings, and pying the principal and interest on said sum 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 1933, this levy to be made over and above the regular tax levied 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 years 1934, 1935, 1936, 1937, and 1938, and said emergency tax shall be levied and assessed upon the property on the tax books of said city at the value thereon placed for and during the years 1934, 1935, 1936, 1937 and 1938, and shall be payable on or before the 20th day of December each year, or at such other times as the mayor and council of said city shall fix by ordinace, and all the usual machinery of 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 provision as to interest, defaults, costs, executions, sales for failure to pay said taxes, shall attach and be enforced. This emergency tax to be extra and additional to the regular annual tax levied authorized by existing charter provisions. Emergency tax because of burning of school building. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. LOUISVILLE BONDS OF OFFICERS. No. 122. An Act to amend an Act approved December 18th, 1900, entitled, An Act to consolidate, amend, and supersede the several Acts incorporating the Town of Louisville,

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Georgia, in the County of Jefferson, and the several Acts amendatory thereof, and the amendment to said Act, approved July 31, 1923; so as to provide for the amount of bonds to be given by the clerk and treasurer, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 24 of the said Act approved December 18, 1900, as amended by the Act approved July 31st, 1923, is hereby amended by striking from the last line of the said section as amended the words and figures $10,000.00, and substituting in lieu thereof words and figures $2500.00, so that the proviso at the end of said Section 24, as thus amended, shall read as follows: Provided, that the bond of the treasurer and of the clerk shall, in each case, never be less than $2500.00. Bond of clerk and treasurer; amount Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1933. MACON AND BIBB CONSOLIDATION; REFERENDUM. No. 195. An Act to consolidate and combine governmental functions and powers heretofore vested in and exercised by Bibb County and the City of Macon; to create a new political subdivision of the State to be called The City of Macon Bibb County; to vest in and confer upon it governmental functions and powers; to vest it with rights, property, interests, and equities, and impose upon it debts, liabilities, and obligations; to provide a system of government for it; to make it a corporation and enable it to sue and

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be sued; to abolish offices, create offices, provide for incumbents thereof, prescribe the powers and duties thereof; to define certain offenses; to provide for calling, holding, and declaring the result of a special election to determine whether this Act shall be ratified; to provide for calling, holding, and declaring the result of a special election to be held for the purpose of electing the first members of the board of commissioners created by this Act, to take and hold office as such in the event this Act shall be ratified; 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: Merger of city and county government. Section 1. As used in this Act, unless otherwise specified or shown by the context, the word board means the board of commissioners of the City of Macon Bibb County, created by this Act; the word heretofore means immediately before the time this Act takes effect by ratification as herein provided; the word hereby means by this Act; the word herein means in this Act; the word hereof means of this Act; the word taxpayer means any person who or whose property is liable or subject to any tax imposed by the City of Macon Bibb County; and the word person means any natural person, corporation, partnership, or association. Definitions. Section 2. Except as herein otherwise provided, all of the governmental functions and powers heretofore vested in and exercised by the City of Macon and Bibb County are hereby consolidated and combined and are hereby vested in and conferred upon a new political subdivision of said State, which is hereby created and named The City of Macon Bibb County. Said subdivision is hereby divided into two districts, named District One and District Two. Said District One shall cover all of the territory covered by the City of Macon, and District Two shall cover

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all of the remainder of the territory heretofore covered by Bibb County. Except as herein otherwise provided, said subdivision shall have, exercise, and perform in and in relation to both said District One and District Two all of the jurisdiction, authority, powers, and duties which the County of Bibb heretofore had, exercised, and performed; and shall have, exercise, and perform in and in relation to said District One all of the jurisdiction, authority, powers, and duties which the City of Macon heretofore had, exercised, and performed. Name of consolidated government. Two districts. District 1 covers Macon; District 2 rest of county. Former jurisdiction, powers, etc., included. Section 3. The City of Macon Bibb County is hereby vested with all the rights, property, interests, and equities heretofore vested in Bibb County and the City of Macon, and is hereby made liable for and subject to all the debts, liabilities, and obligations heretofore existing against Bibb County and the City of Macon; and The City of Macon Bibb County is hereby substituted as a party to all valid contracts to which either Bibb County or the City of Macon is a party. Provided, that no tax shall be levied in District Two to pay any debt, liability, or obligation of the City of Macon or any debt, liability, obligation, or expense incurred solely for municipal purposes in said District One. Liabilities. Section 4. The City of Macon Bibb County is hereby made a corporation, and may sue and be sued as such. It may be sued upon the same terms and conditions and subject to the same limitations that counties may be sued, for all acts done or omitted respecting its powers, authorities, duties, and responsibilities which are applicable to both said District One and District Two; and may be sued upon the same terms and conditions and subject to the same limitations that the City of Macon might heretofore have been sued, for all acts done or omitted respecting its powers, authorities, duties, and responsibilities which are applicable only to said District One. It may, upon motion, be substituted as a party, either plaintiff or defendant, to any suit to which Bibb County or the City of Macon is a party.

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Service of any legal process upon it may be perfected by serving the same upon its mayor or any three members of the board of commissioners. Suits. Section 5. The governing authority of the City of Macon Bibb County shall be the board of commissioners hereby created. Said board is hereby vested with all the jurisdiction, powers, and authorities, and charged with all the duties, obligations, and responsibilities heretofore vested in and devolved upon the county board of commissioners for the County of Bibb and the road commissioners for the County of Bibb, the mayor and council of the City of Macon, and all other officers, boards, commissions and committees of the City of Macon and of Bibb County, except those which are herein expressly declared not to be affected hereby. Government by board of commissioners. Without limiting or restricting the generality of other vesting and conferring provisions thereof, all the functions, powers, jurisdictions, and authorities of the recorder's court and the recorder of the City of Macon are hereby conferred upon and vested in The City of Macon Bibb County, the board of commissioners therefor which is hereby created, and such officers as said board may ordain and establish for the exercise thereof. Recorder's functions. Section 6. A board of commissioners for The City of Macon Bibb County is hereby created. Said board shall consist of twelve members, one for each militia district, as now constituted, in the City of Macon Bibb County, to be elected respectively by the qualified voters of each militia district, and three for the City of Macon Bibb County at large, to be elected by the qualified voters of the whole City of Macon Bibb County. The first members of said board shall be elected at a special election to be called and held for that purpose, as provided in paragraph (b) of Section 26 hereof. The commissioners elected at such special election shall take office five days after the result of said election

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is declared, and shall hold office until the first day of January next following the next general election. At each alternate subsequent general election new members of said board shall be elected in the manner which is provided in paragraph (b) of Section 26 hereof for the election of the first members of said board. Such new members shall hold office for the next four calendar years thereafter. Should a vacancy occur in the office of either of said commissioners, the same shall be filled for his unexpired term at a special election to be called and held in the same manner as the election provided in paragraph (b) of Section 26 hereof for the election of the first members of said board. Membership of board of commissioners. Election of commissioners Section 7. Said board shall exercise the jurisdiction, powers, and authorities hereby vested in it, and perform and discharge the duties, obligations, and responsibilities hereby imposed upon it, either directly or through such officers, agents, and employees as it may from time to time ordain, constitute, and appoint, in addition to those hereby created and provided for; and said board shall, except as herein otherwise provided, prescribe by ordinances or resolutions the manners and methods in which said jurisdiction, powers, authorities, duties, obligations, and responsibilities shall be exercised, performed, and discharged, and the respective officers, agents, and employees by whom the several portions thereof shall be exercised, performed, and discharged; provided that said board shall not delegate any legislative function or power. Powers, duties, etc., of board of commissioners. Section 8. Except as otherwise provided herein, said board shall have full jurisdiction, power and authority: (a) To ordain and establish, from time to time, all such offices, agencies and employments as they deem necessary for the proper government of said City of Macon Bibb County and the proper administration of its business and affairs. Offices. (b) To prescribe the scope of the authority and duty

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of all such offices, agencies, and employments, and the amounts, kinds, and conditions of bonds to be given by the incumbents thereof, respectively, and to change the same from time to time. (c) To abolish any of such offices, agencies, and employments at any time. (d) To fix the terms of all such offices, agencies, and employments, and to change the same at any time. (e) To fix, or cause to be fixed, the salaries and wages of all such officers, agents, and employees, and to change the same from time to time. (f) To elect or appoint all executive and administrative officers and agents, and to appoint or employ, or authorize and provide for the appointment or employment of, all clerical or manual agents and employees. (g) To discharge, or authorize and provide for the discharge of, all such officers, agents, and employees, at any time. (h) To do and perform any and all acts and things that may be reasonably necessary in the exercise and execution of the jurisdiction, powers, and authorities hereby vested in said board, and in the performance and discharge of the duties, obligations, and responsibilities hereby imposed upon it. Provided, that the salaries of the members of said board shall not exceed $33.33 a month each; that the salary of the mayor shall in no event exceed $300.00 a month; and if a part of his duties shall be delegated as provided in Section 9 hereof, his salary shall not exceed $100.00 a month; and that none of the provisions of law for the governance of the fire department and police department under civil-service rules and regulations shall be affected hereby, except that with respect thereto the mayor and board herein

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provided for are hereby substituted for the mayor and council of the City of Macon, and a police committee and fire committee to be appointed by said board are hereby substituted for the police committee and fire committee of the council of the City of Macon. Salaries. Section 9. Said board shall elect one of their number mayor. He shall be their presiding officer. He shall have a vote upon all questions and elections in their meetings, and shall have a veto power as provided in Section 16 hereof. He shall be the chief executive nd administrative officer of The City of Macon Bibb County, subject to the ordinances, resolutions, and directions of said board; provided, that said board may at any time delegate to any competent person, who shall not be a member of said board, administrative powers and duties they may deem proper to so delegate. Mayor. Section 10. Said board shall elect a tax-commissioner. With respect to the assessment and collection of taxes, he shall have all the powers and authorities, and shall be charged with all the duties and responsibilities heretofore vested in and imposed upon the tax-receiver, tax-collector, and board of tax-assessors of Bibb County, and the treasurer, marshal, and board of Tax-Assessors of The City of Macon, subject to the right of appeal herein provided for. Except as herein otherwise provided, he shall exercise the powers and authorities hereby vested in him, and discharge the duties and responsibilities hereby imposed upon him, in such manners and methods as said board shall, from time to time, by ordinance or resolution prescribe. All fees, commissions, and costs allowed by law in proceedings for the assessment and collection of taxes in The City of Macon Bibb County, including State taxes, shall be by him collected and paid over to The City of Macon Bibb County. Tax-commissioner. Section 11. All tax returns and assessments on property within The City of Macon Bibb County shall show separately

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all property and its value which may be taxable in District One and District Two. All tax returns shall be made to tax-commissioner by the first day of March of each year. He shall assess taxes on property taxable in each of said districts at the respective rates therefor levied by said board. He shall enter on each return an approval or disapproval thereof by the fifteenth day of April of the year in which such return is made. If he disapproves a return, he shall at the same time assess the value of the property of the taxpayer making such return, and give immediate written notice thereof to such taxpayer personally or by registered mail addressed to him at his address shown by him on his return, or, if none, at his last known address. Any taxpayer may, within ten days from the giving of such notice, appeal from such assessment against him to the board of tax appeals hereby created. The City of Macon Bibb County may appeal to them from any such assessment or from the approval of any return, any time before the twenty-fifth day of April of the year in which such assessment or approval is made. Any appeal hereby provided for may be perfected by filing with said board of tax appeals a writing, however informal, indicating a desire that they reconsider such assessment or approval; and in case of an appeal by The City of Macon Bibb County by giving written notice thereof, within ten days from the filing thereof, to the taxpayer concerned, in the manner herein provided for giving notice of an assessment. Tax returns, assessments. Appeal from assessment. Section 12. There is hereby created a board of tax appeals for The City of Macon Bibb County. It shall consist of three members to be elected by the first grand jury of Bibb County convened after this Act goes into effect, and who shall take office immediately upon their election. Each shall be twenty-five years old, a resident of The City of Macon Bibb County, and the owner of a freehold estate in land therein. One of such members shall be elected for

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two years, one for four years, and one for six years. Their respective successors shall be elected by such grand jury convening last before their respective terms expire, and shall hold office for six years. Any vacancy in such office shall be filled for the unexpired term by such grand jury in session next after such vacancy occurs. If any grand jury whose duty it shall be to elect a tax-commissioner shall fail to do so, the grand jury for said county next convening shall elect one, who shall hold office until the date the one who should have been elected by such grand jury so failing would have held office. The grand jury of said county first convening in each year shall fix the compensation of the members of the board of tax appeals for that year, not to exceed $10.00 a day each, and fix the amount necessary to cover its expenses, which shall be paid by The City of Macon Bibb County. Said board of tax appeals shall have full and complete power and authority to hear and determine such appeals, subject to the powers of the State Revenue Commission. They shall have power to require the attendance of witnesses and the production of books and papers; and any person refusing to attend and testify or to produce books or papers when required by them shall be punished as for contempt by the superior court of Bibb County. They shall have power to make reasonable rules and regulations concerning the time of hearing such appeals and the methods of procedure before them. They shall not remain in session longer than from April first to July first each year. If an appeal of a taxpayer is not determined by the first day of July of the year in which it is made, the return of such taxpayer shall stand; and if an appeal of The City of Macon Bibb County is not determined by such date, the approval or assessment appealed from shall stand. Board of tax appeals; election by grand jury; qualifications; terms. Vacancies. Pay of members. Powers. Section 13. All taxes due The City of Macon Bibb County, including license taxes and special assessments for public improvements, may be enforced by executions issued by the tax-commissioner, which shall have the same force

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and effect as tax executions heretofore issued by the tax-collector of Bibb County; and all laws relating to executions for county taxes, including the lien, transfer, and recording thereof, and to sales, conveyances, and redemptions thereunder, shall be applicable to executions for taxes due The City of Macon Bibb County. For the purposes of enforcing such tax executions, said tax-commissioner is hereby vested with all the powers of a sheriff. Tax executions. Section 14. The City of Macon Bibb County shall have power and authority, by its said board of commissioners, to levy taxes for county purposes, not to exceed 18 mills on the dollar or property taxable in both District One and District Two, and to levy taxes for city purposes on property taxable in District One not to exceed 15 mills on the dollar additional, making the total tax limit on property in District One 33 mills and on property in District Two 18 mills; provided that the tax rate in District Two shall never be more than eighteen thirty-thirds of the tax rate in District One, except for special services extended as provided in Section 18 hereof. Said board may provide reasonable discounts for the payment of such ad valorem property taxes in advance, and for the payment thereof in installments; but no cost or penalty shall accrue on account of failure to pay such ad valorem property taxes before the twentieth day of December of the year for which they are payable, or such other date as may be hereafter fixed by general law for the payment of county taxes. Taxes; limit. Section 15. Until otherwise lawfully provided by said board, all ordinances of the mayor and council of the City of Macon heretofore in force shall continue in force as ordinances of said board, applicable only to District One, and all rules and regulations of the county board of commissioners for the County of Bibb and of the road commissioners for the County of Bibb shall continue in force as ordinances of said board of commissioners hereby created, applicable to both District One and District Two. Ordinances continued in force.

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Section 16. With respect to the passage of legislative resolutions and ordinances and the veto of the same, said board and said mayor shall, respectively, have the same power and be subject to the same restrictions heretofore prescribed by law for the mayor and council of The City of Macon, except that the votes of seven members of said board shall be required to pass any ordinance or resolution over the veto of said mayor. Veto power. Section 17. Territory contiguous to District One may be incorporated therein by the consent of said board and of a majority of the qualified voters residing in the territory to be so incorporated, voting at an election to be held for that purpose, and not otherwise. Said board may at any time call an election to determine whether any such territory shall be so incorporated, and prescribe the time and manner of holding such election and of determining and declaring the result thereof. They shall do so upon the filing with them of a petition signed by one fifth of the qualified voters residing in such territory. The ordinance calling such election shall definitely describe the territory proposed to be so incorporated. If a majority of the qualified voters residing in such territory voting at such election vovte in favor of such incorporation, said board shall issue a proclamation to that effect, and such territory shall thereafter be a part of District One. Incorporation of additional territory in District 1; election as to. Section 18. Said board may, when authorized by a vote of a majority of the qualified voters of any specific territory within District Two, voting at an election to be held for that purpose, extend to such specific territory and municipal service, and levy a tax on the property in such specific territory, sufficient in the judgment of said board to pay the expense of furnishing such extended service, in addition to the maximum tax rate fixed by Section 14 hereof. No part of any tax levied for any such extended service shall be expended for any other purpose. Such election shall be called and held as prescribed in the next preceding section.

Page 1021

The ordinance calling such election shall particularly describe the territory to be affected, and definitely specify the service to be extended thereto. Taxes in District 2; election as to. Section 19. Any bonded debt which may be hereafter incurred under the power hereby vested shall be by and in the name of The City of Macon Bibb County, shall be assented to by two thirds of the qualified voters thereof in the manner provided by the Constitution, shall be subject to the restriction as to taxation expressed by the proviso in Section 3 hereof. Bond issue. Section 20. Every officer herein provided for shall, before taking office, take and subscribe an oath, in addition to that prescribed for all public officers, that he will perform and discharge the duties of his office faithfully and to the best of his skill and ability. Oath of officer. It shall be unlawful for any member of said board or of any committee thereof or any officer, agent, or employee of The City of Macon Bibb County to expend more money for the use of any department of The City of Macon Bibb County or for any function thereof than has been duly appropriated therefor, except in case of providential necessity. Unlawful expenditures. No member of said board or officer or employee of The City of Macon Bibb County shall be interested directly or indirectly in any contract of The City of Macon Bibb County, or receive, directly or indirectly, any emolument or profit on account of any purchase or sale in which The City of Macon Bibb County may be interested. Prohibited interest in contract, etc. No person shall be elected, appointed, or employed by said board to any office, agency, or appointment who is related within the third degree of consanguinity or affinity to any member of said board; nor shall any person be appointed or employed in any capacity on behalf of The City of Macon Bibb County who is so related to the person so appointing or employing him. Disqualifying relationship.

Page 1022

Any person knowingly violating any provision of this section or participating in the violation of the same or aiding or abetting the violation of the same shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 1065 of the Penal Code of Georgia. Penalty. Section 21. This Act shall not affect the Board of Education and Orphanage of Bibb County, the Board of Health of the City of Macon and County of Bibb, the Board of Water Commissioners of the City of Macon, the Auditorium Commission of The City of Macon, the Anti-Tuberculosis Commission for The City of Macon and Bibb County, or the Macon Hospital Commission; provided, that any citizen of either District One or District Two shall be eligible to membership thereof; that in cases where the mayor of the City of Macon or the chairman of the county board of commissioners for the County of Bibb is an ex-officio member, the mayor of The City of Macon Bibb County shall be an ex-officio member in his stead; and that the successors of the present members of said board of water commissioners shall be elected by the board of commissioners hereby created. Boards, etc., not affected by this Act. Section 22. This Act shall not affect the law applicable to the board of registrars of Bibb County or the registration of voters by them, except that the voters lists shall be alphabetically arranged by militia districts. There shall be no separate registration of voters of said District One. Section 23. This Act shall not affect the offices of sheriff, clerk of the superior court, ordinary, and coroner of Bibb County, except that said board may impose and confer upon them additional duties and powers, and, subject to the power of the grand jury under general laws, may change their compensation. Section 24. This Act shall not affect the superior court

Page 1023

of Bibb County, the city court of Macon, the municipal court of the City of Macon, the juvenile court of Bibb County, or the officers of said courts. Section 25. (a) Immediately after the first members of the board of commissioners hereby created shall take office, as provided in Section 6 hereof, the county board of commissioners for the County of Bibb, the road commissioners for the County of Bibb, the mayor and council of the city of Macon, and the offices of all members thereof shall stand abolished, and all emoluments appertaining thereto shall cease. Abolished offices. (b) Unless otherwise ordered by the board sixty days after said board shall take office, as aforesaid, all other boards, commissions, committees, offices, agencies, and employments of the County of Bibb and the City of Macon, except those which are herein expressly declared not to be affected hereby, shall stand abolished, and all emoluments appertaining thereto shall cease; provided, that those whose abolition is by this paragraph declared shall, during said sixty days, function as representatives of the board of commissioners hereby created, and subject to its control. Section 26. (a) Except for the purpose of the elections provided for in this section, this Act shall have no force or effect until the same shall have been ratified by a majority of the qualified voters residing within the corporate limits of the City of Macon and also by a majority of the qualified voters of Bibb County residing outside of the corporate limits of the City of Macon, voting separately in an election as follows: Upon the approval of this Act by the Governor, the ordinary of Bibb County shall call and provide for holding an election by the qualified voters of Bibb County, to be held not less than sixty days and not more than ninety days after such call, which shall be conducted and concluded in the manner prescribed by law for elections for members of the General Assembly; except that

Page 1024

the managers for each militia district divided by the boundary line of the City of Macon shall keep and return two ballot-boxes and two sets of election papers, and the voters of such militia districts residing inside of said city and those residing outside thereof shall vote separately; and except that the returns of such election shall be made to said ordinary, and he shall canvass the returns, consolidate the votes, and declare the result. Those voters desiring to vote in favor of the ratification of this Act shall have on their ballots For Ratification of City-County Merger, and those desiring to vote against the same shall have on their ballots Against Ratification of City-County Merger. If a majority of such voters residing outside of said city and also a majority of such voters residing inside of said city, separately, shall vote For Ratification of City-County Merger, said ordinary shall by writing so declare, and immediately thereupon this Act shall stand ratified, and thereafter shall be in full force and effect. Referendum. (b) At the same time that said ordinary calls an election to determine the question as to the ratification of this Act, as provided in paragraph (a) of this section, he shall call and provide for holding another special election by the qualified voters of Bibb County, to be held at the same time as that one provided for in said paragraph (a), for the purpose of electing the first members of said board. Such election shall be held in the manner prescribed by law for holding elections for members of the General Assembly; except that the returns shall be made to said ordinary; and that if this Act shall have been ratified as provided in said paragraph (a), he shall canvass the returns, consolidate the votes, and declare the result of such election of members of said board. In the event of such ratification, the candidate for commissioner in a militia district receiving the highest number of votes in that district shall be declared elected for that district, and the three candidates for commissioner at large receiving the highest number of votes in the whole

Page 1025

City of Macon Bibb County shall be declared elected commissioners at large. Election of commissioners. (c) If any election provided for in this Section shall result in a tie as to any particular question or office, the same shall be resolved by a subsequent election as to such question or office. Such subsequent election shall be held not less than twenty days nor more than thirty days from the date of the election at which such tie occurs, and otherwise shall be called, held, and concluded in the respective manners herein provided for special elections. Section 27. If any portion of this Act shall be held to be unconstitutional, neither the whole nor any other portion thereof shall be held to be unconstitutional on that account. Act not invalidated by void part. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1933. MACON CHARTER AMENDMENTS. No. 174. An Act to amend an act approved August 3, 1927, appearing on pages 1283 to 1537 of the published acts of the General Assembly of Georgia of 1927, creating a new charter for the City of Macon; 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 second paragraph of section twenty-seven of an Act of the General Assembly of Georgia, approved August 3, 1927, appearing on page 1306 of the published acts of the General Assembly of Georgia, be and the same is hereby repealed. Repeal of law as to mayor's salary, etc.

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Section 2. Be it further enacted by the authority aforesaid, that said paragraph hereinbefore repealed shall be and the same is hereby re-enacted as follows: The present mayor of the City of Macon may receive the salary provided for in said act of 1927 during the remainder of his present term of office, and thereafter the salary of the mayor shall be the sum of three thousand ($3,000.00) dollars per annum, and he 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, but he shall not be eligible to succeed himself as mayor after having served two consecutive terms as such. 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, approved 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 and 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. Mayor's salary $3000. Duties, powers. Section 3. Be it further enacted by the authority aforesaid, that it shall be unlawful for the mayor or any member of the board of aldermen of said city or of any committee thereof, or of any other board created by the charter of the City of Macon, or any officer, agent, or employee of the City of Macon to expend more money for the use of

Page 1027

any department of the City of Macon or for any function thereof than has been duly appropriated therefor, except in case of providential necessity. Unlawful expenditures. No person shall be hereafter elected, appointed, or employed by the mayor, the board of aldermen, or any member thereof, to any office, agency, or employment, who is related within the third degree by consanquinity or affinity to the mayor or any member of said board of aldermen; nor shall any other board created by the charter of the City of Macon or the head of any department of the City of Macon hereafter, appoint or employ any person who is so related to any member of such board or head of such department, to render service under the direction and control of such board or head of such department; nor shall any person be hereafter appointed or employed in any capacity on behalf of the City of Macon who is so related to the person so appointing or employing him. Disqualifying relationship. Any person knowingly violating any provision of this section or participating in the violation of same or aiding or abetting the violation of same shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 1065 of the Penal Code of Georgia. Penalty. Section 4. Be it further enacted by the authority aforesaid, that there is hereby created a joint board of tax appeals for the City of Macon and County of Bibb, which board shall consist of three members to be elected by the grand jury of Bibb County drawn for the November, 1932, term of the superior court thereof; and if said grand jury shall have adjourned for the term, the judge presiding in said superior court shall recall said grand jury for service at the February, 1933, term of said court, as provided by the Act approved August 21, 1905, providing for four terms of the superior court of Bibb County, for the purpose of electing the members of said board. The members of said Board when elected by said grand jury, shall take office

Page 1028

immediately after their election. Each shall be at least twenty-five years of age, a resident of the County of Bibb, and the owner of a freehold estate in land located therein. One of such members shall be elected for two years, one for four years, and one for six years. Their respective successors shall be elected by such grand jury convening last before their respective terms expire and shall hold office for six years. Any vacancy in such office shall be filled for the unexpired term by such grand jury in session next after such vacancy occurs. If any grand jury whose duty it shall be to elect a member of said board shall fail to do so, the grand jury for said county next convening shall elect one who shall hold office until the date the one who should have been elected by such grand jury so failing would have held office. The grand jury of said county last convening in each year shall fix the compensation of the members of the board of tax appeals for the next year, not to exceed ten ($10.00) dollars a day each, while actually in session, and fix the amount necessary to cover its expenses, which shall be paid, share and share alike, by the County of Bibb and the City of Macon. The City of Macon, or any taxpayer, may appeal from any return or assessment to said board of tax appeals by simply filing an informal writing to that effect with said board within ten days from the notice of assessment or return appealed from. Said board of tax appeals shall have full and complete power and authority to hear and determine such appeals and finally assess the value of the property in question for tax purposes. They shall have power to require the attendance of witnesses and the production of books and papers; and any person refusing to attend and testify, or to produce books or papers when required by them, shall be punished as for contempt by the superior court of Bibb County. They shall have power to make reasonable rules and regulations concerning the time of hearing such appeals and the methods of procedure before them. The mayor and board of aldermen of said city shall prescribe the time when said board shall convene

Page 1029

and the time when the appeals to said board from city tax assessments and returns shall be finally determined. If an appeal of a taxpayer is not determined by said board of tax appeals within the time prescribed as aforesaid, the return of such taxpayer shall stand; and if an appeal of the City of Macon is not determined by such date, the approval or assessment appealed from shall stand. This section shall go into effect immediately upon the passage and approval of this Act, and shall apply to tax returns for the year 1933. Board of tax appeals. Appeal from assessment. Applies to returns for 1933. Section 5. Be it further enacted by the authority aforesaid, that the mayor and board of aldermen of the City of Macon are hereby authorized and empowered to employ, with the right to remove at any time, a competent and experienced business executive, other than the mayor or a member of the board of aldermen, and delegate to him such administrative and managerial powers and duties as they may deem proper; and such person, upon being so employed, shall have full power and authority to consolidate, correlate, and prescribe the duties of all officers and employees of the City of Macon and carry into effect all of the duties and powers vested in him as aforesaid, notwithstanding any provision in the charter and ordinances of the City of Macon to the contrary, subject, however, to the provisions of the charter with reference to police and fire departments of said city. Should such person be so employed, the salary of the mayor of the City of Macon shall be fixed at not more than one hundred ($100.00) dollars per month, and the mayor and board of aldermen of said city are hereby authorized and empowered to fix the salary of such business manager, and change the same from time to time when and as said mayor and board of aldermen may determine; provided that such salary shall be not less than three hundred ($300.00) dollars per month nor more than five hundred ($500.00) dollars per month. City manager. Mayor's salary if manager is employed. Manager's salary. Section 6. Voters' BookDuty of Registrars. In addition to keeping such voters' book open for signature during

Page 1030

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 immediately prior to the second Tuesday in May, 1929, and in each second year thereafter (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 a. m. until 6 o'clock p. m. each day, Sundays only excepted. That for the period of thirty days immediately prior to the second Tuesday in May, 1929, and in 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 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 service, 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 such 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 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

Page 1031

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, 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. Six months before the general November election, 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. Registration of voters. Section 7. Qualified Voters. All persons qualified to vote for members of the General Assembly in the County of Bibb, who remain so qualified on the day of the general

Page 1032

election in November, and who shall have resided six months within the jurisdictional limits of the city, and have registered as hereinafter provided, shall be qualified to vote in any city election. Who qualified as voters. Section 8. Registration. 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 six months, next preceding the time of the election. (b) He must be twenty-one years of age, or must become so by the date of the election. (c) He must have paid all poll tax due by him since the adoption of the present State Constitution, which payment must have been made at least six months before the date of the election at which he proposes to vote, unless such election comes within six months from the date fixed by law for the payment of such poll-tax. 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 on the days and within the hours fixed for registration; such deputy registrar to serve from the time of his appointment until the close of the registration book, unless otherwise ordered by the mayor and council of the City of Macon. Section 9. Be it further enacted by the authority aforesaid, that the three preceding sections of this Act shall become effective upon the passage and approval of this Act. Section 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 March 10, 1933.

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MANCHESTER COMMISSIONER'S POWERS. An Act to amend an Act incorporating the City of Manchester, approved August 16th, 1909, and Acts amendatory thereof by striking all of Section ten of the amending Act of said charter, approved August 20th, 1923 (Acts 1923, page 739 et seq.), and substituting in lieu thereof a new section; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act approved August 16th, 1909, and amended by an Act approved August 20th, 1923, be amended by striking from the amending act of 1923 all of section ten of said Act of 1923, and substituting in lieu thereof the following: The Chairman of said commission shall have all the administrative, executive and judicial powers heretofore vested in the mayor of said City of Manchester, except as provided in Section twelve of this Act. He shall have full power and authority to preside over the mayor's court or police court, to try all offenders of the city ordinances and laws, and to fine and sentence all violators thereof. The commission may elect a vice-chairman, who, in the absence, sickness, or disqualification of the chairman, shall be clothed with all the powers vested in the chairman. So that said section when so amended shall read as follows: Powers of chairman of commission. Vice-chairman. Section 10. The chairman of said commission shall have all the administrative, executive and judicial powers heretofore vested in the mayor of said City of Manchester, except as provided in Section twelve of this Act. He shall have full power and authority to preside over the mayor's court or police court, to try all offenders of the city ordinances and laws, and to fine and sentence all violators thereof. The commission may elect a vice-chairman, who, in the absence, sickness, or disqualification of the chairman, shall be clothed with all the powers vested in the chairman.

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Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 8, 1933. MOUNTAIN PARK TAXES; VOTERS. No. 62. An Act to amend the charter of the City of Mountain Park in the following particulars: (1) To provide that the clerk of said city shall keep a list of registered voters. (2) To provide that the mayor and general council may provide by ordinance for the assessment, levy, and collection of ad valorem tax on all property within the corporate limits of said city, not exceeding 100 per cent. of the value thereof. Ad valorem tax limit. 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 this date Section 12, an Act entitled Mountain Park Incorporated, is hereby amended so that the same shall read as follows: 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 one hundred dollars on each $100 of value upon all real and personal property, and on all notes, claims, evidences of debt, 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 generally; and they may enforce the collection of such taxes,

Page 1035

and also fines imposed by them, in such manner as they by law or ordinances may prescribe. Section 2. Be it further enacted by the authority aforesaid, that the mayor and general council of said city shall have full power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same, and require that no person be permitted to vote unless registered; to constitute and appoint one of the officials of the city, or a person not an official, to the office of registrar of the city; if an official is named, to add such additional compensation for this additional service as they may deem appropriate; if some person other than an official be appointed to the office of registrar, to fix his compensation and provide for the payment of same; whomsoever be so appointed to the office of registrar shall be required to perform the duties of said office and keep such hours and carry out and perform the duties of said office as may be particularly described by ordinance. Registration of voters. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. NEWNAN INSURANCE. No. 391. An Act to amend an Act entitled an Act to create a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893, so as to authorize the City of Newnan by and through its mayor and aldermen to insure the lives of its employees under policies of group life, health, and/or accident insurance, in co-operation with such employees; and for other purposes.

Page 1036

Section 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 for the City of Newnan, in the County of Coweta, approved December 8, 1893, be and the said Act is hereby amended by adding thereto the following, to wit: The City of Newnan, acting by and through its Mayor and Aldermen, is hereby authorized and empowered, in order to promote the better efficiency of its employees, to insure the lives of said employees under policies of group life, health, and/or accident insurance in co-operation with such employees; and the said City of Newnan, through its said authorities is also authorized and empowered, where and/or if necessary, to pay a reasonable part of the premiums therefor out of the general revenues of said city, as in their discretion may seem just and equitable; provided, however, that the term employees in so far as this section of said Act relating to group insurance, is concerned shall be construed to include all persons serving the city in any official and/or any other capacity, whether by popular election, election by the mayor and aldermen, appointments, or contract of hire, and shall also include its policemen, firemen, schoolteachers, and any other officer and employee of said city. Group insurance of employees. Persons included. Section 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 March 24, 1933. NEWNAN TAX RETURNS. No. 6. An Act to amend an Act entitled an Act to create a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893. The said Act of 1893

Page 1037

will be amended by striking all of Section 15 of said Act, and adding in lieu thereof Section 15, to provide that property taxable by the City of Newnan shall be returned for taxation on the first day of January in each year; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an act creating a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893, be and the same is hereby enacted as follows: That from and after the passage of this Act the above-named Act be and the same is hereby amended by striking all of Section 15 of said Act of 1893, and inserting in lieu thereof the following, to wit: Section 15. Be it further enacted that any person, firm, or corporation owning or holding any property within the limits of said city shall, on the first day of January after the approval of this Act, return the same for taxation as of the first day of January of each year. The said tax return shall be made at such time and in such manner as the mayor and aldermen of said city shall by ordinance prescribe. Returns for taxes, time of. Section 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 February 8, 1933. NEWNAN TAXES AND TAX-PAYMENTS. No. 2. An Act to amend an Act entitled an Act to create a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893, by striking all of section 14 of said Act, and adding in lieu thereof section 14, to provide for the raising of revenue for the support and maintenance

Page 1038

of the city government, and to authorize the mayor and aldermen of said city in their discretion to permit taxpayers to pay said taxes annually, semi-annually or quarterly; and for other purposes. Section 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 a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893, be and the same is hereby amended as follows: That from and after the passage of this Act the abovenamed Act be and the same is hereby amended by striking all of Section 14 of said Act of 1893, and inserting in lieu thereof the following section to be numbered 14 as follows: Section 14. Be it further enacted, that, for the purposes or raising revenue for the support and maintenance of the city government, the mayor and aldermen of said city shall have full power and authority and shall prescribe by ordinance for the assessment, levy, and collection an annual ad valorem tax on real and personal property within the corporate limits of said city, which is subject to be taxed by the State, said tax not to exceed one half of one per cent. upon the value of said property for ordinary current expenses. In addition to the said tax to be levied for ordinary current expenses, the said mayor and aldermen of said city shall also have full power and authority to levy an additional tax upon the value of said property, sufficient in amount to pay the principal and interest of the public debt, and to provide a sinking-fund to retire bonds issued by said city, and to provide the necessary revenue to support and maintain the public-school system of said city, and to provide funds for public charity, and to provide funds to pay its officers and employees, and to provide funds to maintain its streets, and to provide funds to maintain and equip its fire department and/or its water, sewerage, and light systems. The said mayor and aldermen shall also have full power and authority to levy and collect taxes upon capital employed in

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said city and on all sales therein. All of said taxes to be within the limits fixed by the general laws of the State of Georgia. Taxes; payment in installments. Section 14(a). Be it further enacted, that the said mayor and aldermen of the City of Newnan be and they are hereby authorized and empowered to enact and adopt ordinances whereby the taxpayer may be permitted to pay city taxes annually, semi-annually, or quarterly, as said authorities may deem best. Section 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 February 8, 1933. NEWNAN WATER AND LIGHT POWER. No. 352. An Act to amend the charter of the City of Newnan in the County of Coweta; to provide that the mayor and aldermen of the City of Newnan shall not have the right to sell the water, sewerage, and/or electric-light plant or system of the City of Newnan, unless the question of selling the said water, sewerage and/or light plant or system is first submitted to the qualified voters of the City of Newnan at an election to be held in said city for determining said question, and at which said election a majority of the qualified voters of said city vote in favor of the proposed sale; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the mayor and aldermen of the City of Newnan shall not have the right to sell the water, sewerage and/or electric-light plant or system of said city, unless the question of selling

Page 1040

the said water, sewerage, and light plant or system of said city is first submitted to the qualified voters of the City of Newnan at an election to be held in said city to determine whether the said water, sewerage, and/or electric-light plant or system shall be sold. Election as to sale of public utilities. Section 2. Be it further enacted by the authorities aforesaid, that the said authorities shall not have the right to sell the said water, sewerage, and/or electric-light plant or system of said City of Newnan, unless at said election a majority of the qualified voters of said City of Newnan vote in favor of the proposed sale. Section 3. Be it further enacted, that any election called for the purpose of submitting the question of selling the water, sewerage, and/or electric-light plant or system of said City of Newnan, to its qualified voters, shall be called and held under the laws and ordinances of said city now governing elections. Section 4. Be it further enacted that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved March 24, 1933. NORTH HIGH SHOALS INCORPORATED. No. 297. An Act to incorporate the Town of North High Shoals, in the County of Oconee and State of Georgia, to provide a municipal government for said town; to define its boundaries; to provide for the levy of an ad valorem tax; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the

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Town of North High Shoals, in the County of Oconee, be and the same is incorporated under the name and style of the Town of North High Shoals, and by that name have perpetual succession, may have and use a common seal, may sue and be sued, plead and be impleaded in any court of law or equity in this State, may purchase, have, hold, receive, enjoy, and retain to itself any estate or estates real or personal, of whatever kind or nature, within or without the corporate limits thereof, may through its mayor and aldermen sell or otherwise dispose of the same for the benefit of said town, as mayor and aldermen in regular council meeting may adjudge fit and proper; the mayor by direction of said council making, executing, and delivering all contracts thereto. Town incorporated. General powers. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said town shall be as follows: Beginning in the middle of the Appalachee River at the High Shoals Bridge, running thence up the center of said river to the High Shoals Manufacturing Company's upper dam, then north 28 west 30 chains, thence north 38 30 east 39.96 chains, thence south 59 east 2.20 chains, thence south 33 30 east 12 chains, thence south 44 45 east 22 chains, then south 55 east 10 chains to point where Athens and Farmington public roads cross, then south 12 15 west 28.40 chains to the center of the Appalachee River, then up the center of said river to the starting point. corporate limits. Section 3. Be it further enacted by the authority aforesaid, that the municipal government of said town shall consist of a mayor and... aldermen; such council may elect or appoint such other subordinate officers as they may deem necessary at any time for the enforcement of the provisions of this charter or any ordinance passed in pursuance thereof, all of whom shall be deemed and held to be lawful officers of this State and town. All subordinate officers shall hold their offices at the will of said council, and receive such salary or compensation as may be attached to

Page 1042

such office or appointment, and shall take and subscribe such oath and execute such bond for the faithful discharge of the duties that shall be required by the ordinance of said town. Officers. Section 4. Be it further enacted that by the authority, that F. B. Osborn shall be and is hereby appointed mayor of said town, and C. J. Anthony, J. C. Landrum, G. T. Nunn, S. O. Osborn, and C. F. Loyd, shall be and are hereby appointed aldermen of said town to hold their several offices until the election and qualification of their successors. That an election for said mayor and aldermen to succeed such named officers be held December 15, 1933, and biennially thereafter on the same day under such rules and regulations as may be adopted by said council, not inconsistent with the provisions of this charter and the laws of this State. Names of mayor and aldermen. Election of successors. Section 5. Be it further enacted by the authority aforesaid, that all municipal elections in said town shall be held at the Masonic Building at North High Shoals now appointed, between the hours of eight o'clock a. m. and three o'clock p. m., and shall be held by any two citizens that may be freeholders of said town, being first sworn to hold said election faithfully and properly; said freeholders being appointed by the council, neither of whom being a candidate. Said election shall be as provided by law for the election of members of the General Assembly for this State, except that only two lists of voters and two tally-sheets need be kept. The managers shall count the votes cast, declare the results, and certify the same to the mayor and council, and deposit with said mayor all papers pertaining to said election, who shall retain them unopened for ten days and then destroy them, unless notice of contest shall have been filed. All contests shall be conducted by the general laws of force in this State. If from any cause there should be a failure to hold an election at the time appointed, the mayor and council may order an election to be held as soon as practicable, by giving at least five days notice thereof by publication

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in some gazette having general circulation in said town. Time and place of elections. Conduct of election. Section 6. Be it further enacted by the authority aforesaid, that all persons qualified to vote for members of the General Assembly in the County of Oconee, who have resided in said town six months next preceding said election, who have paid all taxes legally imposed by the authority of said town, including street tax and all fines lawfully imposed, and have complied with such registration laws and ordinances as shall have been adopted by said council, shall be qualified to vote therein; provided, that no one shall be permitted to vote who, on being challenged as a voter, fails to take the oath as prescribed by law and to swear that he has been a bona fide citizen of said town six months next prior to said election. Eligibility to vote. Section 7. Be it further enacted by the authority aforesaid, that any person voting illegally at any municipal election held in said town shall be guilty of a misdemeanor and be punished as prescribed by law for voting illegally in the State. Illegal voting; penalty. Section 8. Be it futher enacted by the authority aforesaid, that the mayor and aldermen shall, at the time of their election, be qualified voters in said town, and shall receive no salary for their services. Mayor and aldermen; eligibility. Section 9. Be it further enacted by the authority aforesaid, that the mayor and aldermen shall, within ten days after their election, meet at a time and place to be designated by said mayor, and take and subscribe an oath faithfully and to the best of their ability to discharge the duties of the respective offices, which shall be recorded in the minutes of the council. Oath. Section 10. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall also elect a treasurer and marshal and deputy marshal if they deem necessary,

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each of whom when elected shall enter into a bond with sufficient sureties approved by the mayor, in such penalty as the council shall prescribe, payable to the corporation, conditioned to faithfully collect and pay over as required by the council all taxes, fines, forfeitures, and all other income of said corporation; and said officers shall continue in office during the pleasure of council, and perform the duties respectively as prescribed or as may be required by the council. Treasurer, marshal, deputy. Section 11. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall hold, at such times and places as they may appoint, meetings for the transaction of the business of the town. The mayor shall preside, or a mayor pro tem to be elected by council from one of their number, who shall vote on all questions in case of a tie. Said mayor, or other member of it designated in the absence or disqualification of the mayor, shall hold police courts for the trial of all offenses against the laws or ordinances of said town, and on conviction shall punish each offender with a fine not to exceed one hundred dollars, or imprisonment in the calaboose or county jail not to exceed ninety days, or work on the streets of the town not to exceed ninety days, any one or two or all of said punishments at his discretion. He shall have power to punish for contempt by fine not exceeding five dollars, and imprisonment not exceeding twenty-four hours. From the decision of the presiding officer there shall be the right of appeal to the council, a majority of whom shall decide all questions and issues of appeal. Meetings of mayor, etc. Mayor pro tem. Police court. Section 12. Be it further enacted by the authority aforesaid, that the mayor shall have the power to discharge the duties of an ex-officio justice of the peace in all criminal matters, and upon an investigation in a police court, the mayor or other member presiding, in case it should appear that an offense against the criminal laws of this State has

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been committed, shall have power and it shall be his duty to bind the offender to the proper court or commit him to jail as the general laws of the State provide by committing magistrates. Powers as J. P. Section 13. Be it further enacted by the authority aforesaid, that said mayor shall be the chief executive officer of said town. He shall see that the laws and ordinances, rules, and orders of the mayor and council are faithfully executed. He shall have control of the police of said town; may appoint special police in his discretion, and shall see that the peace and good order of the town are preserved, that all persons and property therein are protected; and to this end may cause the arrest and detention of all riotous or disorderly persons or suspicious characters, or any persons violating the laws, ordinances, or rules of said town. Mayor's duties. Section 14. Be it further enacted by the authority aforesaid, that said mayor shall and aldermen shall have power and authority to pass all laws, ordinances, and rules for the government of said town not in conflict with the constitution and laws of this State, for the protection of life, property, peace, good order, health, comfort, and convenience of the citizens of said town, and other persons therein, and to provide suitable penalties for the isolation of the same. Ordinances. Section 15. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall have power and authority over all streets, alleys, sidwalks, parks, and cemeteries; to remove all obstructions and nuisances therefrom; to regulate and control all public houses, markets, butcherpens, hog-pens, etc., and to remove the same in case they should become injurious to persons or property or the public health. Provided, however, that the county authorities of the County of Oconee shall continue to work and maintain in repair all the public roads in said town for a uniform width of thirty feet, as if this Act had not been passed,

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until the council shall take over and assume to discharge the care and maintenance of said roads and highways. Powers as to streets, etc. Section 16. Be it further enacted by the authority aforesaid, that in the event there should from any cause be a vacancy in the office of mayor, the mayor pro tem. shall become mayor with all the powers heretofore set out until the next general election, and the council shall from their number elect a mayor pro tem. Vacancy. Section 17. Be it further enacted by the authority aforesaid, that for the purpose of raising revenues for the support and maintenance of the Town of North High Shoals, the city council shall have full power and authority to assess, levy, and collect an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking, and every other species of property in said town or owned or held therein subject to taxation; said tax not to exceed fifty cents on the one hundred dollars. The city council shall have power and authority to provide by ordinances for the returns and assessments of all taxable property in said city, and to provide for the neglect or refusal to comply with the same. Ad valorem tax; limit. Section 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 March 24, 1933. ROME CHARTER AMENDMENTS. No. 240. An Act to amend an Act (as amended) entitled An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict there-with,

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approved August 19, 1918; to provide for the deposit of marketable bonds by the city depository in lieu of a surety bond; by providing for the making of temporary loans for casual deficiencies by the city commission; to prescribe the prerequisites for making such loans; to provide for the deposit in the city depository of the funds collected by the secretary of the Rome city commission, to pay the principal and interest of street-improvement bonds, in the city depository; to require a surety bond or the deposit of marketable bonds by the city depository, to secure the funds deposited for the payment of the principal and interest of street-improvement bonds; to change, enlarge, and extend the territorial limits of the City of Rome; and for other purposes. Section. 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 the State of Georgia, entitled An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict there-with, approved August 19, 1918 (as amended), be and the same is hereby amended by adding at the end of Section 24 of said Act, and as part of said section the following: There shall be deposited in said city depository also all of the funds rising from the collection of special assessments for the payment of principal and interest on street-improvement bonds, and all other improvement bonds commonly known as baby bonds; provided, that the said depository shall be required to give a good and solvent bond, payable to the city, with a reputable bonding company authorized and qualified by law to do business in the State of Georgia, as security, such bond to be approved by the city commission, and for such amount sufficiently ample to protect said baby-bond fund as may be fixed by the commission;

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provided, however, that the said city depository may deposit in lieu of such good and marketable bonds as more fully provided in the second section of this Act. Deposit of funds to pay bonds. Section 2. 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 the State of Georgia, entitled An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict therewith, approved August 19, 1918, be and the same is hereby amended by adding at the end of Section 24 of said Act, and as a part of said section, the following: In case the cost of or premiums for the bond with a reputable bonding company is deemed excessive or prohibitive by the commission, then in lieu of such bond the commission may accept deposit of such good and marketable bonds as are prescribed, eligible to secure postal-savings deposits, by the Board of Trustees of the Postal Savings System of the United States, in an amount as shall be sufficiently ample to protect the city, as may be determined and approved by the commission. The commission shall have the right, from time to time, to require or permit substitution of bond or collateral, to increase or decrease the deposit required. Such bonds or collateral shall be held for the City of Rome by the secretary or by some other trustee or trustees, individual or corporate, as may be agreed upon by the commission and the depository. Bond of city depository, substitute for. Section 3. Be it further enacted by the authority aforesaid, that Section 53 of said Act be and the same is hereby amended by adding at the end of said Section 53 of said Act, and as a part of said section, the following: The City of Rome may make temporary loans to meet deficiencies and in anticipation of the collection of current

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revenues for the year, for the payment of expenses in accordance with the budget to which such revenues are applicable, of not more than $74,000.00, and within the revenues available for the year. Any money so borrowed shall be on a note duly executed in the name of the City of Rome by the first commissioner and the secretary, with the seal of the city attached. The making of such note shall be authorized by a resolution adopted in regular meeting, stating the purposes of the loan, how the proceeds thereof shall be used and applied, and the particular revenues anticipated, and when the collection of such revenues is expected. Such loan when so made shall be placed in a special account, and checks shall be drawn on such account only for the purpose of the loan. The resolution shall fix the amount of interest, and a copy of the resolution duly certified by the secretary under the seal of the city shall be attached to the note. Thereupon such revenues anticipated shall be first applied to the payment of such note, and they shall not be used for any other purpose until such note is paid according to the terms of the resolution. Temporary loans. Section 4. Be it further enacted by the authority aforesaid, that the limits of the City of Rome are hereby changed, enlarged, and extended, to take effect on the passage of this Act, by adding to the territory of the City of Rome the following described property, to wit: Beginning at a point where the present city boundary line of the City of Rome intersects the south side of Crescent Avenue, and extending thence westerly along the south line of Crescent Avenue to the end of Crescent Avenue; thence on a straight line diagonally across the Cave Spring Road in a southwesterly direction to the line between the property of E. M. Brown and the Anchor Duck Mills, being the present city limits; thence northerly and easterly along the present city-limit line and across the Cave Spring Road to Silver Creek; thence up said creek along the present city-limit line to beginning point. Added territory.

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Section 5. Be it further enacted, that this amendment shall not amend, repeal, or modify any other amendment to such Act already enacted. Section 6. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1933. SALT SPRINGS REPEAL; REFERENDUM. No. 246. An Act to repeal an Act entitled an Act to incorporate the Town of Salt Springs in the County of Douglas, and to provide for a mayor and council of said town and confer certain powers and privileges upon the mayor and council thereof; said Act approved on December 12th, 1882, and Acts amendatory thereof, approved on December 21st, 1886; Act approved September 5th, 1887; and Act approved August 19th, 1918, changing name of said town from Salt Springs to Lithia Springs; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act to incorporate the Town of Salt Springs in the County of Douglas, approved December 12th, 1882, and the Acts of the General Assembly approved December 21st, 1886, Act approved September 5th, 1887, and the Act approved August 19th, 1918, amending said Act approved December 12th, 1882, and which is an Act to incorporate the Town of Salt Springs in the County of Douglas, and to provide for a mayor and council for said town, and to confer certain powers and privileges upon the mayor and council thereof; and for other purposes, be and the same is hereby repealed. Lithia Springs; repeal of charter.

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Section 2. Be it further enacted, etc., that upon the passage and approval of this Act the same shall become effective upon the compliance with the provisions of law provided in the Act of the General Assembly 1925, approved August 22nd, 1925, providing for referendum. Referendum. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933. SAVANNAH CHARTER AMENDMENTS. No. 72. An Act to alter, revive, and amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah. Section 1. 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 time for the election of all officers of the Mayor and Aldermen of the City of Savannah, now elective by the mayor and aldermen or which may hereafter be elective by said mayor and aldermen, shall be on such date as said mayor and aldermen may provide, after the qualification of the mayor and aldermen who are to hold such election. All officers so elected shall hold their office for such term or terms as may be provided by said mayor and aldermen, and their salaries may be diminished during their term of office, but shall not be increased. Election of officers; terms, salaries. Section 2. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah may abolish at any time any elective office or other office of said city, heretofore mentioned or recognized in the charter of said city and existing at the date of the passage of this act, and shall have the right to create and establish in

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lieu thereof such other office or position as said mayor and aldermen may deem proper, and to fix the term thereof. The provisions of this section of this act shall be retroactive, and shall apply to all officers of the Mayor and Aldermen of the City of Savannah elected by said mayor and alderment on the 23rd of January, 1933, and to the offices to which said officers were elected; provided, however, that nothing contained herein shall affect or apply to the office of recorder of the police court of Savannah. Provisions retroactive. Recorder excepted. Section 3. Be it further enacted by the authority aforesaid, that the salaries of all officers elected by the Mayor and Aldermen of the City of Savannah, on the 23rd day of January, 1933, may be revised and diminished by said mayor and aldermen at any time during the term of office of said officers as said mayor and aldermen may deem proper. Section 4. Be it further enacted by the authority aforesaid, that that certain Act entitled An Act to fix the time for election and appointment of all of the officers of the City of Savannah, to regulate their salaries, and for other purposes, adopted and approved December 19, 1900, and found in the Acts of the General Assembly of Georgia of 1900, pages 422, 423, be and the same is hereby repealed. Section 5. Be it further enacted by the authority aforesaid, that the Bacon Park Commission, created and established by the act of the General Assembly of the State of Georgia, adopted and approved August 18, 1925, found in Georgia Laws of 1925, pages 1441 and following, shall have the right to lease the municipal golf course or golf courses, situated in Chatham County, Georgia, in that certain six hundred seventy-five (675) acres of land, more or less, known as Bacon Park, and described in Section 3 of said act, to any person, firm, or corporation that may be approved by the Bacon Park Commission and the Mayor and Aldermen of the City of Savannah. The terms, provisions, and conditions of any lease which may be effected,

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shall be subject to the approval of the Mayor and Aldermen of the City of Savannah. All funds derived from any such lease shall be turned over to the Mayor and Aldermen of the City of Savannah and dposited in the city treasury. Lease of golf courses in Bacon Park. Section 6. Be it further enacted by the authority aforesaid, that it shall not hereafter be obligatory upon the Mayor and Aldermen of the City of Savannah to appropriate annually funds for the management and operation of Bacon Park, but funds for the management and operation of said park being operated by the Bacon Park Commission may be appropriated by said mayor and aldermen, in the discretion of said mayor and aldermen. Whatever funds may be appropriated by said mayor and aldermen for the management and operation of said Bacon Park shall be expended with the approval of said mayor and aldermen. The selection by the said Bacon Park Commission of employees for the control, management, and operation of said park and its amusement and recreation facilities shall be with the approval of the said mayor and aldermen. In the event of disagreement between said commission and said mayor and aldermen, the judgment of said mayor and aldermen shall prevail. All fees which may be charged by said Bacon Park Commission for the use of the amusement, health, and recreation features of said Bacon Park shall be fixed by said commission, subject to approval of the said mayor and aldermen of the City of Savannah. Bacon Park, management of. Section 7. Be it further enacted by the authority aforesaid, that from and after the passage of this act all sums of money which may be appropriated and turned over to the recreation commission by the Mayor and Aldermen of the City of Savannah shall be expended by such recreation commission, subject to the approval of the Mayor and Aldermen of the City of Savannah. The selection of all employees by said recreation commission, including the superintendent, as well as the amount of their salaries, shall likewise be subject to the approval of said Mayor and Aldermen of the

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City of Savannah. In case of any disagreement between said recreation commission and the said mayor and aldermen, with reference to the selection of said employees, including the superintendent, and with reference to the salaries of the same, the judgment of the said Mayor and Aldermen of the City of Savannah shall be controlling, and the final selection of said employees and the number thereof, including the superintendent, as well as the determination of their salaries, shall be made by said mayor and aldermen. Any provisions of the Act of the General Assembly of Georgia, approved August 19, 1916, and an amendatory act thereof, adopted and approved August 4, 1917, which conflict with the provisions of this section, are hereby expressly repealed. This section shall be retroactive and apply to the monies appropriated for said recreation commission for the year 1933, and to the selection of the employees, including the superintendent, heretofore made by said recreation commission for the years 1933 and 1934. Recreation commission. Section 8. Be it further enacted by the authority aforesaid, that all rates and charges for water furnished to or used by consumers or lot-owners in Bonaventure and Laurel Grove Cemeteries in Savannah or Chatham County, Georgia, shall be fixed and established by the Mayor and Aldermen of the City of Savannah, and the collection of all water-rents or charges for water used in said cemeteries shall be under the jurisdiction of said mayor and aldermen. Water rates in cemeteries. Section 9. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to provide for and create by ordinance a board of zoning appeals for the purpose of assisting said mayor and aldermen in the administration of any ordinance for the zoning of said city now in existence or which may hereafter be adopted. Said board of zoning appeals shall have such powers and duties and jurisdiction as said mayor and aldermen may provide. The zoning herein referred to shall have the definition and

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meaning set forth in section 6 of the act of the General Assembly of this State adopted and approved August 11th, 1927, and found in Georgia Laws of 1927, pages 1526 and following. Board of zoning appeals. Section 10. Be it further enacted by the authority aforesaid, that from and after the passage of this act the Mayor and Aldermen of the City of Savannah shall have authority to revise and decrease any pension or pensions heretofore granted or allowed to former employees of the City of Savannah or others under existing laws, and said mayor and aldermen may in its discretion discontinue the payment of any such pension or pensions entirely. No pensioner of the Mayor and Aldermen of the City of Savannah or person drawing or receiving a pension from said city, who may have, prior to the passage of this act, been granted or allowed a pension, shall be considered to have any vested right in or to such pension or any portion thereof. Pensions of employees. No vested right in pension. Section 11. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah, in the interest of the public safety, is hereby vested with power and authority to require every owner or operator of any automobile, motorcycle, or motor-truck or motor-bus, who is a resident of the City of Savannah, as well as every owner or operator of any automobile, motorcycle, motor-truck or motor-bus who is a resident of Chatham County and who does business in the City of Savannah or operates such motor-vehicle upon the streets of the City of Savannah, to submit once each year to the police department of said city such motor-vehicle or motor-vehicles for an inspection for the purpose of determining whether the same are safe to operate. And said Mayor and Aldermen of the City of Savannah is further hereby authorized and empowered to require such owner and operator of every such motor-vehicle above set forth to obtain from said police department yearly a permit to operate and drive such motor-vehicle upon the streets of the City of Savannah,

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and to refuse to issue such permit if said motor-vehicle upon inspection is found to be unsafe to operate, or if such owner or operator of any such motor-vehicle is found to be incompetent and unfit to drive or operate the same. Said Mayor and Aldermen of the City of Savannah is further hereby authorized and empowered to charge and collect each year a fee from every such owner and operator of said motor-vehicles for making said inspection and/or issuing such permit, such fee not to exceed two dollars. Said Mayor and Aldermen of the City of Savannah is further authorized and empowered to enact by ordinance reasonable rules and regulations for carrying out the provisions of this section of this act. Inspection of motor vehicles. Permit to drive motor vehicle. Fees. Section 12. Be it further enacted by the authority aforesaid, that any regular employee of the Mayor and Aldermen of the City of Savannah who receives a salary from said city shall not be permitted by said mayor and aldermen to hold at one and the same time, or for one and the same term, more than one officer under the jurisdiction of said mayor and aldermen; and such employees shall not hold any one time, or for any one term, an office or position paying a salary under the jurisdiction of said mayor and aldermen and also an office or position with a salary attached under the jurisdiction of any commission created by law for the City of Savannah. Two salaries, prohibition of. Section 13. Be it further enacted by the authority aforesaid, that the board of pensions created under that certain Act adopted and approved August 4th, 1919, and found in the Acts of the General Assembly of Georgia of 1919, pages 1312 and 1313, and entitled An Act to authorize and empower the Mayor and Aldermen of the City of Savannah to create a board of pensions, and for other purposes, be and is hereby authorized and empowered, with the approval of the mayor and aldermen of said city, to administer the pension fund hereinafter provided and set apart for employees of the City of Savannah, and to recommend

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pensions for said employees to said mayor and aldermen in the manner and form and under the conditions and limitations hereinafter set forth in this act, and subject to the rules and regulations for the same which may be adopted by said Mayor and Aldermen of the City of Savannah. Any pensions recommended by said board of pensions for any employee of the City of Savannah shall be passed upon and approved by said mayor and aldermen as hereinafter set forth. Pension fund, administration of. Section 14. Be it further enacted by the authority aforesaid, that the following classes of employees of said Mayor and Aldermen of the City of Savannah are to be deemed eligible to be granted pensions and the following classes of pensions are hereby established: Classes of pensions. (a) Any regular employee of the City of Savannah, who has served well and faithfully for a period of twenty-five years or more (of which five (5) years service must have been continuous and immediately before his retirement), shall, upon application to said mayor and aldermen and to the said board of pensions of said city, be retired from active service if he is physically unfit, by reason of age, sickness, or infirmities, to perform the service for which he was employed and which he is then engaged; provided, however, that his said physical unfitness to perform the said service must be established by the sworn written statements of two competent and reputable practicing physicians of the City of Savannah, one of whom shall be elected by the said mayor and aldermen of said board of pensions, and said employee if retired shall receive for the balance of his life one half the amount of the salary paid him at the time of his retirement, such pension however in no event to exceed the sum of one hundred dollars ($100.00) per month. (a) Any regular employee of the Mayor and Aldermen of the City of Savannah, who has reached the age of sixty (60) years and who has served well and faithfully for a

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period of twenty-five (25) years or more (of which five (5) years service must have been continuous and immediately before his retirement), shall, upon application to said Mayor and Aldermen of the City of Savannah and to said board of pensions, be retired from active service upon the recommendation of said board of pensions, if in the opinion of the mayor and a majority of the board of aldermen of said city he is entitled to said retirement, and said employee if retired shall receive for the balance of his life and one half of the amount of the salary paid to him at the time of his retirement as a pension; provided, however, that such pension shall in no event exceed the sum of one hundred dollars ($100.00) per month; and said employee shall be subject to call for active service for at least fifteen (15) days each month, if his physical condition permit. (c) Any regular employee of the City of Savannah, who shall be permanently injured or disabled while in the performance of his duty as such employee, may be granted a pension by said Mayor and Aldermen of the City of Savannah, upon the recommendation of said board of pensions, in an amount not to exceed one half of the salary received by him at the time of the injury or accident, which in no event is to exceed the sum of one hundred dollars ($100.00) a month; provided, that the permanent injury or disability of the said employee shall be established by sworn written statements of two competent and reputable practicing physicians of the City of Savannah, one of whom shall be selected by said board of pensions or by said mayor and aldermen; and provided further, that the mayor of said city and two thirds of the entire membership of the board of aldermen of said city shall determine in council assembled that said employee shall be granted a pension. The pension herein provided for may be granted irrespective of the years or term of service of such employee. Any employee of said city who is injured or disabled while in the performance of his duty and in the course of his employment,

Page 1059

and elects to receive and does receive compensation under the workmen's compensation laws of the State of Georgia, shall not be eligible to receive a pension from the Mayor and Aldermen of the City of Savannah. Section 15. Be it further enacted by the authority aforesaid, that if any employee of the City of Savannah, at the time of the passage of this act or any time in the future, desires to be eligible for a pension under the terms hereof, he shall from and after the passage of this act contribute two per centum of his regular monthly salary to the pension fund of said city. This pension fund shall be held by the treasurer of the City of Savannah as a trust fund for all the employees of the City of Savannah who may contribute to the same and who may desire to be eligible for a pension. Said pension fund shall be managed and administered as aforesaid by said board of pensions under the direction and control of said Mayor and Aldermen of the City of Savannah. Should any employee of said city who has contributed to said fund die or resign or be dismissed from the service of said city, the amount of his contribution to said pension fund shall, together with interest if any interest has accumulated thereon, be returned to said employee in case of his resignation or dismissal before a pension is granted to him, or, in case of his death before a pension is granted, to his heirs, executors, or administrators. Should any former employee of the City of Savannah who has resigned or been dismissed from the service of the city and who has been refunded the amount he has paid into said pension fund, be re-employed by said Mayor and Aldermen of the City of Savannah, he shall not be eligible for a pension again unless and until he repays into the said pension fund the amount which he has withdrawn from said fund. It shall not be obligatory upon any employee of the City of Savannah to contribute to said pension fund, but if he elects not to contribute to said fund he shall not be eligible for a pension. After an employee is granted and receives

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a pension, he shall not be required to contribute to said pension fund. Employee's contribution to pension fund. 2% of monthly salary. Management of fund; board of pensions. Section 16. Be it further enacted by the authority aforesaid, that the amount of money which every employee of the City of Savannah shall pay into said pension fund upon his election to be eligible to receive a pension from said Mayor and Aldermen of the City of Savannah shall be deducted monthly from the salary or wages of said employee by the treasurer of the City of Savannah. The amount or amounts of money which each employee of said city thus contributes to said pension fund and is thus deducted from said salary or wages of said employee shall not be subject to garnishment or attachment or to assignment. Deductions from salary, for pension fund. Not subject to garnishment, attachment, assignment. Section 17. Be it further enacted by the authority aforesaid, that, supplementing said pension fund contributed and paid as aforesaid by said employees of the City of Savannah, there shall be an amount appropriated by the Mayor and Aldermen of the City of Savannah which shall be sufficient at all times to pay any and all pensions which may be granted under the terms and provisions of this act. And the said Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to levy taxes and appropriate money for the purpose of supplementing said pension fund and paying pensions to its said employees under the terms and provisions of this act, as well as for the purpose of paying pensions heretofore granted under prior existing laws. Appropriation to supplement pension fund. Section 18. Be it further enacted by the authority aforesaid, that nothing in this act shall be construed to deprive any employee of the Mayor and Aldermen of the City of Savannah of the number of years of service in the employ of said city which he has to his credit in determining the right of such employee to a pension at any time hereafter. The number of years which any employee of said city who

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desires a pension, and who elects to come under the provisions of this act, has heretofore served in the employ of said City of Savannah, shall be preserved and shall be counted and computed to his credit and in his behalf when said employee applies for a pension under the terms of this act and under any of the classes herein established. Credit of time of service. Section 19. Be it further enacted by the authority aforesaid, that upon the death of any pensioner of any of the classes set forth in this act, his pension shall cease and determine and shall not continue to be paid to his heirs, executors, or administrators. Death ends pension. Section 20. Be it further enacted by the authority aforesaid, that all employees or officers of the City of Savannah, elected to office by the mayor and aldermen of said city, shall be included in the provisions of this act with reference to being eligible to pensions in the same manner and under the same provisions as are employees and/or officers not elected by said mayor and aldermen. All employees and officers included in pension law. Section 21. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah shall have authority and power to enact by ordinance any and all reasonable rules and regulations which it may deem necessary for the proper administration and enforcement of the terms of this act with reference to pensions. Ordinances as to pensions. Section 22. Be it further enacted by the authority aforesaid, that from and after the passage of this act, if any employee of the Mayor and Aldermen of the City of Savannah, after having been placed upon the pension-roll of the City of Savannah by being granted a pensions, becomes an employee of any department of government, municipal, county, state or national, then and in that event his pension shall be subject to revision by said mayor and aldermen and may be terminated in the discretion of said mayor and aldermen. The provisions of this section shall not only apply to future pensioners of said city and to their pensions,

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but shall be retroactive and apply to pensions and pensioners which were granted prior to the passage of this act under the then existing laws. Any pension granted under the provisions of this Act shall at all times be subject to revision by the Mayor and Aldermen of the City of Savannah. Revision of pensions; power as to. Section 23. Be it further enacted by the authority aforesaid, that if any employee of the Mayor and Aldermen of the City of Savannah shall have served well and faithfully for a period of twenty-five years or more (of which five years has been continuous and immediate before his retirement), he shall not be subject to dismissal by the Mayor and Aldermen of the City of Savannah without the said Mayor and Aldermen of the City of Savannah granting to him any pension to which he may be entitled under this act, unless he has violated some rule or regulation of the department in which he is employed, and in that event his dismissal must be approved by the mayor and three fourths of the board of aldermen in council assembled. This provision shall also apply to all elective officers. Dismissal of pensioner. Section 24. Be it further enacted by the authority aforesaid, that Sections two and four of that certain act adopted and approved August 4th, 1919, and found in Georgia Laws of 1919, pages 1312 and 1313, and entitled An act to authorize and empower the Mayor and Aldermen of the City of Savannah to create a Pension Board, and for other purposes, be and the same are hereby repealed. Repeal of Act to create pension board. Section 25. Be it further enacted by the authority aforesaid, that Sections three, four, five, and six of that certain act adopted and approved August 27th, 1931, and found in Georgia Laws of 1931, pages 952 and following, and entitled An act to amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes, be and the same are hereby repealed. Repeal of pension provisions of Act of 1931.

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Section 26. Be it further enacted by the authority aforesaid, that Section 20 of the Act of the General Assembly of Georgia, adopted and approved August 18, 1919, and found in Georgia Laws of 1919, page 1307, entitled An act to alter and amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes, as amended by an Act of the General Assembly of Georgia adopted and approved August 16th, 1920, and found in Georgia Laws 1920, page 1483, be and is hereby amended by adding at the end thereof the following: In case of the sale of any real property liable for such assessments, the owner of said property shall have the right to redeem the same in the manner and during the time now provided by existing laws for the redemption of property sold under execution for city taxes. Redemption of property sold for assessment. Section 27. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved February 27, 1933. SAVANNAH CHARTER AMENDMENTS. No. 323. An Act to amend that certain act adopted and approved February 27, 1933, and entitled An Act to revise, alter, and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that that certain Act adopted and approved February 27, 1933, and entitled An Act to revise, alter, and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, be and is hereby amended as follows:

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Section 1. Whereas, by deed dated the 2nd day of March, A. D., 1914, and recorded in the office of the clerk of the superior court of Chatham County, Georgia, in Book 11 S, page 210, Brampton Warehousing Development Company, a corporation of Savannah, Georgia, conveyed to Chatham County, of the State of Georgia, and the Mayor and Aldermen of the City of Savannah, a municipal corporation of said State, a tract of land in Chatham County, Georgia, having a frontage on the Savannah River of 400 feet and extending back even width 1,000 feet, and located at the northwest corner of what was formerly known as Brampton and Retreat Plantation, and extending back along the division line between said Plantation and lands formerly belonging to Joseph Hull; and whereas said conveyance was made upon the following express terms and conditions and trust; that the tract of land above described, measuring 400 feet by 1,000 feet, shall be held and owned, and shall be used by the parties of the second part above named, their successors and assigns, only as a site for public wharves, docks, piers, steamboat slips, and similar instrumentalities of and aids to maritime commerce, and that said land, together with any and all improvements of every sort that may be made thereto or constructed therein or built thereupon, shall be subject to the free use and enjoyment of the general public, without cost or charge, under such reasonable rules and regulations as the parties of the second part, their successors or assigns, may from time to time in their discretion adopt in carrying out and effectuating the spirit and purpose of this grant; and whereas, said tract of land has not been used and is not now being used for the purposes mentioned in said conveyance, and there is no public need or demand for any public wharf, dock, pier, steamboat slip, or other instrumentality of or aid to maritime commerce on that portion of the river front where said land is located, the same being about three miles up the Savannah River from the City of Savannah, and there is no indication that said land will be needed or desired by the

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public for the purposes mentioned in said deed within any reasonable period of time in the future, and said land is of no benefit to the public while held by the grantees named in said deed for the purposes specified therein; and whereas, the charter of said Brampton Warehousing Development Company, grantor of said deed, has expired, and said company is no longer in business, and the stockholders thereof at the time of said grant disposed of all their interests in said company prior to the expiration of said charter, and it is by reason of these facts impracticable to have said deed reformed, or the terms, conditions, and trust thereof released, canceled or removed, or a quitclaim given, by said grantor: Therefore be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that said the Mayor and Aldermen of the City of Savannah be and hereby is authorized and empowered to sell, exchange, or otherwise dispose of, by private contract and without advertisement or public auction, and to convey in fee simple and free of all terms, conditions, and trust, or upon such terms, conditions, and trust as it may see fit to impose, and for such consideration as it may deem appropriate or advisable, all of its rights, title, and interest in and to the tract of land having a frontage on the Savannah River of 400 feet and extending back even width 1,000 feet, as hereinbefore more particularly described, the proceeds derived from any disposition of said land to be used by said the Mayor and Aldermen of the City of Savannah for such public purpose, similar to those named in said deed, as the grantor may deem advisable and proper; provided, however, that the grantee in any such conveyance shall be under no obligation to look to the reinvestment of the proceeds of the sale. Sale of land conveyed to city by Bramption Warehousing and Development Co. Section 2. Be it further enacted by the authority aforesaid, that the Mayor and Andermen of the City of Savannah be and is hereby authorized to close and discontinue for public

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park purposes, or for recreation purposes, or similar purposes, that certain square or park in the City of Savannah, known as Franklin Square, the same being the northern-most park or square situated on Montgomery Street, and bounded on the north by Bryan Street, on the south by Congress Street, on the east and west by Montgomery Street as it extends around said park or square; and the said the Mayor and Aldermen of the City of Savannah be and the same is hereby authorized hereafter to use said Franklin Square for the purpose of a farmers wholesale market, and, in connection with such use, to authorize and permit vehicles of all kinds to park in said square. The said Mayor and Aldermen of the City of Savannah is further authorized and empowered to make such charges or fees as it may deem fit and proper for the use of said Square by any person, firm, or corporation using the same with vehicles, or otherwise, for marketing purposes, and to make, establish, and promulgate reasonable rules and regulations for the use of said Square and for the purposes aforesaid. Discontinuance of Franklin Square Park. Authority to use square for farmers' market, to charge fees, etc. Section 3. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah shall have the right and authority to provide additional qualifications and restrictions for office to those specified in the charter of the City of Savannah for all offices and officers hereafter elected either by said Mayor and Aldermen of the City of Savannah or by the people; provided, however, that the provisions of this Section shall not apply to the office of mayor or to the office of alderman of said city; and provided further, that it shall not apply to the present term of office of any officer of the City of Savannah already elected. Authority to provide qualifications for office. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 5. Be it further enacted by the authority aforesaid, that no section in this Act because of bearing a like

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number to a section of the said Act adopted and approved Feb. 27, 1933, shall be considered or held to conflict with any of said sections of said Act of February 27th, 1933. Act. of Feb. 27, 1933, as affected hereby. Approved March 24, 1933. SAVANNAH PUBLIC EDUCATION. No. 53. An Act to amend the several Acts creating and relating to the Board of Public Education for the City of Savannah and County of Chatham and to provide for the termination of the terms of office of all members of the Board of Public Education for the City of Savannah and County of Chatham, to provide for the selection of their successors and the filling of vacancies; and for other purposes. Section 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 tenure of office of the several members of the Board of Public Education for the City of Savannah and County of Chatham now in office shall terminate at the expiration of the terms for which they were severally chosen, and no member of said board, whether now in office or hereafter chosen shall be eligible to hold the said office of a member of said board of education until one year after the expiration of the term for which such member shall have previously served. The chairman shall be elected annually by the members of the board during the month following that in which two new members are to be annually chosen as hereinafter provided. The provisions of this section shall not be effective until one year from the date of the approval of this Act. Board of public education: tenure of office; eligibility. Election of chairman. This section effective when. Section 2. That during the last thirty-day period preceding the expiration annually of the terms of office of two

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members of said board, the successors to said two members shall be chosen as follows: The mayor of the City of Savannah shall submit a nomination or nominations to the city council of Savannah, and said city council shall elect from the nomination or nominations thus submitted, one member of said board of public education for a term of six years; and the chairman of the board of county commissioners of Chatham County shall in like manner submit a nomination or nominations to the board of county commissioners of Chatham County and said board of county commissioners of Chatham County shall elect from the nomination or nominations thus submitted one member of said board of public education for a term of six years. Election of members of board; nominations. Section 3. All vacancies hereafter arising in the membership of said board of public education by reason of death or resignation shall be filled in the manner hereinbefore set forth, on nominations by said mayor or said city council or by said chairman of the board of county commissioners to said board of county commissioners, according as the member whose place is to be filled was chosen by the one or the other body. Vacancies. Section 4. That in all nominations to membership on said board of public education, the mayor of the City of Savannah and the chairman of the board of county commissioners of Chatham County shall so choose their nominees that as soon as possible after the passage of this Act, and at all times hereafter, a majority of the members of said board of public education shall be parents who have, or have had, a child or children enrolled in the public schools of the City of Savannah or County of Chatham. Nominations. Section 5. This Act shall not be construed to affect, alter, or repeal that certain act of the General Assembly of Georgia adopted and approved August 2, 1923, and found in Georgia Laws 1923, page 232, which provides for the election

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of said members of said board of education by the people under the conditions there stated. Popular election under conditions stated in Act of 1923. Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1933. STONE MOUNTAIN ELECTION HOURS. No. 288. An Act to amend an Act entitled An Act to provide a new charter for the City of Stone Mountain, to be found in the Acts of the General Assembly of Georgia of 1929, beginning on page 1309 of said Acts, and for the purpose of changing the word ten o'clock as appears in line nine, section (3) of said Act, and inserting in lieu thereof the word six o'clock; 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 (3) of said charter of the City of Stone Mountain shall be amended by striking from the ninth (9) line in Section (3) of said charter the word ten and insert in lieu thereof the word six, so when amended said section (3) of said charter shall read as follows: Be it further enacted by authority aforesaid, that an election shall be held in the City of Stone Mountain, on the first Wednesday in December and biennially thereafter, for a mayor to serve two years and until his successor is elected and qualified, and at the same time and place and annually thereafter there shall be elected three councilmen to serve two years and until their successors are elected and qualified. The polls of said election shall be opened at six o'clock in the forenoon and close at four o'clock in the afternoon, standard time. Election hours 6 a. m. to 4 p. m.

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Section 2. Be it further enacted, that all laws or parts of laws conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. THOMASTON NEW CHARTER. No. 178. An Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new charter and municipal government for said city; to define the corporate limits of said city, and to confer extra-territorial jurisdiction upon said city within certain adjacent territory to be known as the police limits of said city; to vest in said City of Thomaston all properties and rights of the former City of Thomaston, and to confirm the title of said city to any property heretofore acquired without charter authority; to authorize said city to acquire and own property either within or without the corporate limits for any corporate purpose; to regulate and limit the sale of property of said city; to provide that all valid obligations of the former City of Thomaston shall be binding on the City of Thomaston hereby incorporated; to preserve the respective terms of the present mayor and council of said city; to provide that all ordinances now in force in said city, not in conflict with this charter, shall remain in force until repealed or superseded; to provide for a mayor and council, and other officials and employees of said city, and to prescribe their qualifications, manner of election, terms of office, powers, rights, privileges, and duties; to limit the salaries of mayor, mayor pro tem., and councilmen; to confer on the mayor and council certain duties, powers, and privileges; to provide for all elections in and for said city, and the method of holding

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said elections, and the qualifications of voters; to provide a system for the permanent registration of qualified voters of said city, and for the purging of disqualified voters' names from the registration books and voters' list, after notice and hearing, by a registrar or registrars, whose election by the mayor and council and powers and duties are herein provided; to provide a mayor's court, with jurisdiction including the extraterritorial police limits of said city, and for the trial and punishment therein of all offenders against the laws of said city, and to prescribe the powers and duties of said court and the method of appeal therefrom; to provide a system of taxation for said city, and to confer upon said City of Thomaston hereby incorporated all necessary authority to assess, levy, and collect ad valorem taxes on all property taxable therein for the purposes allowed by State law, and to provide for a board of tax-assessors, to require the return of all property for taxation, and to provide for the assessment of all returned and unreturned property by said tax-assessors, and the method of appeal from their findings; to provide for a street or commutation tax; to authorize said city to regulate, control, and prohibit all kinds of business, trades, and professions, shows, exhibitions, and entertainments, and for the taxation and licensing thereof; to authorize said city to define and punish unfair competition on the part of any person or corporation doing business in said city, and to provide for the revocation of licenses of persons or corporations guilty thereof; to authorize said city to establish fire limits, and to establish a system of zoning in said city, and to provide the method thereof; to provide for the granting of franchises and encroachments on the city streets, and to provide rules and regulations for public-service corporations in said city; to authorize said city to establish a board of health and maintain hospitals and clinics; to confer upon said city all necessary authority to establish, maintain, extend, and improve a system of

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sewerage and drains in said city, and for the assessment and collection of the expenses and cost thereof; to authorize said city to require connections with city water and sewer lines, and to enforce the charges therefor against the property served, as taxes are enforced; to provide for opening and laying out, establishing, maintaining and improving, and paving streets, avenues, lanes, alleys, sidewalks, and crossings in said city; to authorize said city to pave and otherwise improve for travel and drainage streets and sidewalks of said city, and to assess and collect two thirds of the costs, including intersections, out of abutting-land owners, and fixing the lien and manner of assessment of such collections; to authorize said city to supply water and electric light and power and gas for public purposes and to its citizens, and to charge therefor, and to maintain public utility systems of all kinds; to authorize said city to enforce collection of water, light, and sewer bills as charges against the premises served, and to cut off service from the premises served where such bills are unpaid, and to authorize said city to require deposits to insure the payment of such bills, providing two methods of securing collection of such bills; to provide for a fire department; to provide for cemeteries, public parks, public buildings and improvements; to provide for an independent school system and board of education in said city, and for the maintenance, functions, powers, and duties of the same; to provide for the abatement of nuisances in the corporate and police limits of said city; to provide for the working of city convicts within and without said city, and for city chaingang and prison; to authorize said city to contract debts and to issue bonds in the manner provided by State law, for any lawful corporate purposes or improvements; to authorize said city to condemn property either within or without said city for any lawful public and corporate use of said city, when necessary or proper in the judgment of the mayor and council, and in the manner provided by

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State law; to provide the police powers of said city, and the powers and duties of its police officers, and for the extraterritorial exercise thereof; to provide in the mayor and council full and complete power and authority to do and perform all acts necessary and proper for the welfare of said city, and for the exercise of the powers and duties herein conferred; to repeal Acts or parts of Acts incorporating said city, in conflict herewith; to create a new charter for said City of Thomaston and declare the rights and powers of said corporation; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this Act the City of Thomaston, in the County of Upson in said State, heretofore made a body politic, incorporated by the Acts of the General Assembly of Georgia, shall continue a body politic, incorporated, and shall be known by the corporate name of the City of Thomaston, and by that name shall be and is hereby vested with all the right, powers, and privileges incidental to municipal corporations in said State; and all powers, rights, privileges, titles, property, and easements heretofore belonging to the City of Thomaston are hereby vested in the City of Thomaston created by this Act; and the City of Thomasville, by and in that name, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use the common or corporate seal, make and enact by and through the mayor and council of said city such ordinances, rules, regulations, and resolutions for the welfare and proper government of said city, and for the transaction of the business thereof, as they may deem good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Corporate name; powers. Section 2. Be it further enacted, that the title to any property, real or personal, within or without the corporate limits of said City, heretofore acquired by the City of Thomaston, with or without proper charter authority, is

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hereby vested in the City of Thomaston created by this Act, the acquisition thereof being hereby ratified and made lawful. And the City of Thomaston created by this Act is hereby authorized and empowered to purchase, hold, rent, lease, and receive by gift or otherwise, and to enjoy, possess, and retain, temporarily or permanently, any property, real or personal, of any kind whatsoever either within or without the corporate limits of said city, for corporate purposes. Title to property. Section 3. Be it further enacted, that no electric-light, water, or other public utility plant or system, now or hereafter owned by the City of Thomaston, shall ever be sold, leased, or otherwise disposed of by the City of Thomaston created by this Act, except in the manner provided by, and in strict compliance with, Sections 2, 3, and 4 of the Act of said General Assembly approved August 25, 1925 (Georgia Laws 1925, pages 177-179); and said provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the city council, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said city council, making conveyance thereof. Sale or lease of public utilities prohibited. Authorized sale of property. Section 4. Be it further enacted, that the corporate limits of the City of Thomaston created by this Act shall be and remain as they are now, that is, said corporate limits shall extend three fourths of one mile in every direction from the center of the Upson County court-house as it is at present located in said city, except that on the north side,

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where the limits shall extend (as provided by Act of said General Assembly approved July 27, 1929) as follows: Beginning on the east side of th public road leading from Thomaston to Payne's Mill on the line last described from the center of said county court-house, and running thence northerly along the east side of said public road a distance of 1419.49 feet to a point on the east side of said public road opposite a concrete monument on the west side of said road; thence west 1834.9 feet to a concrete monument on the east side of the public road running north from Thomaston between the lands formerly owned by James R. Atwater and the lands formerly owned by Mrs. Martha F. Weaver; thence south along the east side of the last-mentioned public road a distance of 1253.9 feet to the circumference described under first provision of this section. Corporate limits. Section 5. Be it further enacted, that the City of Thomaston created by this Act is hereby made responsible as a body corporate for all legal undertakings, liabilities, and debts of the former City of Thomaston, whether for principal and interest on outstanding bonds, or other contracts or indebtedness. Liabilities continued. Section 6. Be it further enacted, that the municipal government of said city shall be vested in a mayor and five councilmen, whose qualifications and manner of election are hereinafter prescribed, and that the present mayor and aldermen (whose title is hereby changed to that of councilmen) shall continue in office during the respective terms for which they were elected and until their successors have been elected and qualified. An election shall be held at the court-house, or at such other place or places in said city as the city council may hereafter designate, on the second Monday in December annually. On the second Monday in December, 1933, and every two years thereafter, a mayor and two councilmen shall be elected to serve for two years and until their successors are elected and qualified; and on the second Monday in December, 1934, and every two years

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thereafter, three councilmen shall be elected to serve for two years and until their successors are elected and qualified. Mayor and councilmen. Election of mayor, etc. Section 7. Be it further enacted, that any person, a resident of the City of Thomaston, and who has been a bona fide resident for twelve months prior to the time of election, and who shall be 21 years of age and a qualified voter of said city, shall be eligible to the office of mayor and councilman of said City of Thomaston. Should the mayor or any councilman, during the term of his office, remove from the limits of said city or cease to be a bona fide resident thereof, his office shall thereby become vacant. Eligibility to vote. Section 8. Be it further enacted, that in case of a vacancy in the office of mayor or councilman, from failure to elect, death, removal, or any cause whatever, said vacancy shall be filled by an election ordered by the city council to take place not more than 60 days from the time such vacancy occurs, under the same rules and regulations that govern other elections in said city. The city clerk shall cause notice of the holding of said election, and the time and purpose thereof, to be published once a week for two weeks prior to said election in the newspapers in which sheriff's advertisements for Upson County are published. Vacancy. Section 9. Be it further enacted, that all elections held in and for said city under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace or other judicial officer and two freeholders, or by three freeholders, residents of said city; and before entering on their duties as managers they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace or other judicial officers, or freeholders (as the case may be); that we will make a just and true return thereof, and we will

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not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the laws of said city, nor will we knowingly pohibit any one from voting who is by law entitled to vote; said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any officer qualified to administer oaths, or the managers may swear each other. The polls to all elections held in and for said city shall be open from 8 o'clock a. m. until 5 o'clock p. m., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result. They shall keep two lists of voters and two tally-sheets, and shall make a certificate of the result on each tally-sheet; and they shall place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same, and deposit them with the clerk of the superior court of Upson County. The other list of voters and tally-sheet shall be filed by the managers with the city council of said city, who shall meet within five days after said election is held, and declare the result thereof. The clerk of said superior court and the city clerk, after the expiration of sixty days from the time of said election, shall destroy said list of voters and ballots without inspection, provided no contest be filed or pending. The mayor and city council of said city are authorized and empowered to adopt such further reasonable rules for the conduct of city elections as they may deem proper. Conduct of elections. Managers. Oath. Election hours, 8 a. m. to 5 p. m. Voters'lists. Section 10. Be it further enacted, that no person shall be allowed to vote in said city elections, except he be eligible under the provisions of the Constitution of said State to vote for members of the General Assembly from the County of Upson, and unless he shall have bona fide and continuously resided in said City of Thomaston as a citizen thereof for six months next preceding said election at which

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he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Eligibility of voter. Section 11. Be it enacted by the authority aforesaid, that there shall be established in the City of Thomaston created by this Act a permanent registration system of the qualified voters of said City. Permanent registration. (a) Within 30 days after the approval of this Act, the city council shall provide suitable books for the permanent registration of qualified voters of said city. On or near the first page of each such permanent registration books shall be printed or placed the oath prescribed by subsection (c) of this section. In order that orderly registration may be had and full and complete information made available to the registrars hereinafter provided, separate books for the white and colored races may be provided; and all such books shall be so arranged as to provide for the alphabetical registration (by first letter of surnames only) of voters; and to provide convenient lines and columns for the signatures of voters, followed by notations of the age, sex, race, residence, occupation, and date of registration of each voter, and such other data as may be required by the ordinances of said city. (b) The city clerk, and any deputy clerk employed in his office, shall have charge of said registration books, and shall open them for registration of voters within 10 days after they are provided, and shall cause notice of such facts to be published in one issue of the newspaper in which sheriff's advertisements for Upson County are published. Said city clerk shall keep said books open for registration of qualified voters at all times when his office is open for business, except during the fifteen-day period next preceding the date of any city election. (c) Every person, before registering, shall take the following oath, which shall be read by him or to him: I do solemnly swear that I am 21 years of age and possess all the

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qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Upson, and that I have bona fide and continuously resided in the City of Thomaston as a citizen thereof for six months (or will have by the time of the next city election). The city clerk or deputy clerk, shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the city clerk or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex, race, etc., of each person registering. Oath of voter. (d) No person registering as herein provided shall be required to again register as a qualified voter of said city, so long as he remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (e) Whenever any election is to be held in and for said city, the city clerk shall close said registration books 15 days before said election and deliver said books to the mayor, who shall, with the advice and consent of the city council, appoint some person or persons, not exceeding three in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the city limits, or who have registered less than 15 days before the date of such election, or who are otherwise disqualified for any lawful cause; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without

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first serving him with a notice to show cause why his name should not be excluded. Such notice shall state the time and place of the hearing as to his disqualification, and shall be served on each person at least 12 hours before the time of such hearing. Such persons shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' lists the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare four identical lists of the voters qualified to vote in said election, and certify the same. One copy shall be retained, and three copies shall be filed with the city clerk, one of which shall be open to inspection during said clerk's office hours, and the other two shall be safely kept by the city clerk and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least five days before said election. Close of registration books. Revision of lists. (f) No person shall be allowed to vote in said election whose name does not appear on the lists certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. Omission of name from list. (g) The mayor and city council shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. They shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the city clerk to act as a registrar or as one of the registrars provided for under this section if they deem proper. Illegal voting; penalty.

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Section 12. Be it further enacted, the mayor and councilmen elected on the second Monday in December, 1933, shall, on the first day of January, 1934, be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved on me as mayor or councilman (as the case may be) of the City of Thomaston; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill, and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. And on the first day of January of each year thereafter the mayor and councilmen elect, or councilmen elect, shall be installed in office by taking and subscribing said oath. If the first day of January fall on Sunday, or any such officer fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Installation of mayor, etc.; oath. Section 13. Be it further enacted, that the mayor shall preside at meetings of the city council; he shall not be allowed to vote except in the following instances: (1) in cases of tie vote by the council on any question or measure; and (2) in all elections by the mayor and city council of the subordinate officers of said city (even though his vote results in a tie vote and failure to elect any such officer). Where the mayor's vote in the election of a subordinate officer of said city causes a tie vote, and results in a failure to elect any person to such office, said mayor shall have power to appoint some competent person to fill such office until such time as the mayor and city council shall by a majority vote elect some person to fill such office. Said mayor shall have the veto power and may veto any ordinances, orders, or resolutions of the city council; in which event the same shall not become a law or enforceable unless subsequently passed over his veto by a vote of at least four councilmen on a yea and nay vote duly recorded on the minutes; provided that unless the mayor shall file in writing with the city clerk his veto of any measure passed by the council, together with his reasons

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for disapproval, within three days after its passage, said measure shall become a law as though approved by him. The mayor may approve in writing any measure passed by the city council, and it shall go into effect immediately. Mayor's duties, powers. Veto. Section 14. Be it further enacted, that the mayor shall be the chief executive officer of said city; have general supervision of the affairs of said city; and shall see that the laws of said city are executed, and that the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the chief of police and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise, in the corporate limits and police limits of said city, all the powers conferred on a sheriff or constable to keep the peace and supress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over 18 years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. Section 15. Be it further enacted, that the mayor and city council shall have full power to fix the time, place, and rules of procedure of their regular sessions. And the mayor shall have power to convene the city council in special session whenever he deems proper. The mayor and city council shall have full and ample power to do and perform any of their duties or powers at a special or call session as at a regular session. Meetings of council. Section 16. Be it further enacted, that the city council, annually at their first meeting, shall elect one of their members as mayor pro tempore, who shall, in the absence, disability, or disqualification of the mayor, perform all the duties and exercise all the rights, powers, and privileges of the office of mayor. Mayor pro tem.

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Section 17. Be it further enacted, that the mayor and city council of said city, annually at their first meeting or as soon as is practicable thereafter, hall elect a city clerk and treasurer, a chief of police, and as many other police officers as are necesary and proper, and such officers as are necessary and proper, in their opinion, for the conduct and supervision of the various departments of said city and for the good government of said city. Each of said officers shall take such oath, give such bond, and perform such duties as the mayor and city council may prescribe. Said officers shall be elected for one year, but shall be subject to removal at any time with or without cause, holding office at the pleasure of the mayor and city council. And at said first meeting of the city council they shall fix the salaries of the city clerk, the chief of police, and the other subordinate officers of said city, and also the salaries of the mayor, mayor pro tem. and councilmen, all of which shall be subject to revision at any time. Clerk, treasurer, police, election of. Oath, bond, duties, term of office; removal. Salaries. Section 18. Be it further enacted, that the mayor and city council shall have power and authority of fill vacancies in any of the subordinate offices as they occur; they shall also have authority to consolidate any such offices whenever they deem best. Vacancies. Section 19. The salary of the mayor shall not exceed $1200.00 per annum; nor that of the mayor pro tem., $750.00 per annum; nor that of any other councilman $600.00 each per annum. All salaries shall be paid monthly. Mayor's salary; mayor pro tem. Section 20. Be it further enacted, that for the purpose of the exercise by the authority of said City of Thomaston of police power and authority over offenses, matters or things affecting in any manner or degree health, peace, good order, safety, and morals, and over persons offending against the laws and ordinances relating thereto, the corporate limits proper of said city, as hereinbefore defined, are hereby extended for a distance of one mile in every direction; provided,

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the territory embraced within the respective corporate limits of the adjoining municipalities of East Thomaston and Silvertown are excepted and excluded from said extended corporate limits of the City of Thomaston, and shall not be a part of its police limits; and within said extended corporate limits, which shall be known as the city's police limits, power and authority to exercise such police power and authority is hereby vested in and conferred upon the mayor and city council of said city, and all valid ordinances of said city heretofore or hereafter enacted, relative to and covering said offenses, matters or things, or said offending persons, shall become and be operative and of full force and effect in and throughout said city's police limits; and the power is hereby vested in and conferred upon any and all of the police and arresting officers of said city, in the enforcement of said ordinances, to make arrests or execute warrants or other process of said city within said territory and to make arrests therein for the violation of any State law relative to said offenses, matter or thing, 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 said police limits. Police powers. Powers over outside territory. Police limits. Section 21. Be it further enacted, that there shall be established in the City of Thomaston created by this Act a mayor's court, which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth: Mayor's court. (a) Said court shall be held as often as necessary for the trial of offenders; and the mayor and city council are authorized (but not required) to elect some competent citizen of said city as city recorder to preside over and hold said court, should they at any time deem such election of such official for the best interests of said city. Should such recorder be elected and thereafter be disqualified in any case or absent from the city, said mayor's court shall be presided over by some citizen designated by the mayor and city council.

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If no recorder be elected by the mayor and city council, said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said court shall be presided over by the mayor pro tem.; and in the absence and disqualification of both the mayor and mayor pro tem., any councilman of said city may preside over and hold said court. The city clerk shall act as clerk of said court, and the chief of police and other police officers of said city shall attend said court, and perform all such duties therein and in the enforcement of its sentences as they may be required by the ordinances of said city or the orders of the presiding officer of said court. Recorder. Clerk. (b) The jurisdictional limits of said court shall include the corporate limits proper and the police limits as provided by Section 20 of this Act. Said court shall have jurisdiction to try all offenses against the laws and ordinances of said city, committed within the jurisdictional limits. Jurisdiction of court. (c) The mayor, or other presiding officer, when sitting as such court, shall have power and authority to punish for contempt by fine not exceeding $25.00 and imprisonment in the city prison not to exceed ten days, either or both, in the discretion of said court. Contempt; penalty. (d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $200.00 and to imprisonment in the city prison or in the jail of Upson County not exceeding 90 days, and to work and labor in the city chain-gang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding 90 days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected

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and enforced in addition to and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner city tax executions are enforced. Punishment; limit. (e) All cases made in said court shall be in the name of the City of Thomaston; all warrants for city offenses shall be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summons, etc., shall be signed by the city clerk, deputy clerk, or chief of police, and shall bear test in the name of the mayor or the presiding officer of said court. Processes. (f) The mayor, or other presiding officer, shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Upson County for trial, to assess bail for his appearance, and to commit to jail in default thereof. Commitment, binding over. (g) Said court shall have the right to compel the attendance of witnesses either within or without the jurisdictional limits thereof; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. Compulsory attendance of witnesses. (h) Said court shall have power to fix bail, accept bonds for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon the failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure so to do, said court shall issue a scire facias

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directed to the chief of police and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty days thereafter; that upon failure to show good cause, a rule absolute shall issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the city treasury. Said court shall have power to issue warrants for the rearrest of any defendant whose bond has been forfeited. Bail; forfeiture. (i) Said court shall have full power and authority, and the mayor and city council are hereby empowered to adopt, such additional rules and regulations as may be necessary to perfect the functions of said court and the enforcements of its judgments. Powers of court. Section 22. Be it further enacted, that any person convicted before the said mayor's court, for violation of any of the laws or ordinances of said city shall have the right to enter an appeal to the city council of Thomaston, provided said appeal be entered in writing and filed with the city clerk within two days after conviction, and all costs are paid or an affidavit in forma pauperis made thereof at time of filing such appeal. Pending the hearing of such appeal the accused shall be allowed to give bail for his appearance to abide the judgment thereon, if he is able to do so; otherwise he shall be confined in the city prison. The city council may convene at any time for the purpose of trying any such appeal, reasonable notice thereof being given each appellant. The hearing on such appeal by the city council shall

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be de novo, and they shall have power to reduce, modify, increase, or nullify the previous sentence. And any person convicted on such appeal by the city council shall have the right of certiorari to the superior court of Upson County, in the manner provided by statute. Appeal to city council. Section 23. Be it further enacted, that the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed, within the corporate limits or police limits of the City of Thomaston, offenses against any law or ordinance of said city or offenses against any penal law of this State. He shall have authority to take the examination of any person charged with a State offense, and the same to discharge, or commit to prison, or let to bail, according to law, to answer such charge before the proper court having jurisdiction, in the same manner as justices of the several counties of this State now or may hereafter have by law. All of said warrants shall be addressed to the chief of police (or other police officers), and to all and singular the sheriffs, deputy sheriffs and constables of this State, any one of whom shall have authority to execute said warrants. Mayor's authority as to arrests, etc. Section 24. Be it further enacted, that it shall be lawful for the chief of police or other police officers of said city to arrest without warrant any person or persons, within the corporate limits or police limits of said city, for an offense against, or a violation of, the laws and ordinances of said city or for a crime against the penal laws of said State, if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. And in such cases when any offender against the laws or ordinances of said city, who after committing said offense seeks to flee and escape, the chief of police and other police officers are empowered to pursue and arrest him without warrant at any place in this State. Said chief of police and other police officers of said city are authorized to execute

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warrants charging offenses against the laws and ordinances of said city, and to make arrests thereunder at any place within the confines of this State. Said chief of police and other police officers may have power and authority to call to his assistance, to arrest and detain such offenders, the sheriff of Upson County or his deputies, or any constable of said county, or any bystanders; and such persons, when so summoned, shall be bound to aid and assist said officer; and should they fail to do so, they or either of them shall be liable to prosecution in the mayor's court, and upon conviction punished as prescribed in Section 21 of this Act. Arrest without warrant. Substitute for this section adopted March 23, 1933. See Act No. 279. Section 25. Be it further enacted, the chief of police or any other police officer of said city shall have the right, power, and privilege to release any person arrested within the corporate limits or police limits of said city for an offense against the laws and ordinances of said city, upon said person giving a bond, to be approved by the chief of police or mayor of said city, payable to the City of Thomaston, conditioned to pay the obligee in said bond an amount fixed by the chief of police or mayor of said city, in the event said person arrested does not appear before the mayor's court at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. Release of person arrested. Bond. Section 26. Be it further enacted, that the mayor and city council shall have power to control the finances and property of said city, to appropriate money, and to provide for the payment of the debts and expenses of the corporation. Control of finances. Section 27. Be it further enacted, that the mayor and city council of said city are hereby authorized and empowered to provide by ordinance for the assessment, levy, and collection of ad valorem taxes on all property, real and personal, within the corporate limits of said city, and upon all goods, chattels, monies, and choses in action whose owner

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resides within the corporate limits of said city, which are subject to taxation by the laws of this State: for the ordinary current expenses of said city a tax not exceeding one half on one per cent. upon the value of said property; for expenditures for education and schools and additional tax not to exceed one half of one per cent. upon the value of said property; and for the paving and macadamizing of streets, and for the payment of the principal and interest of the public debt of said city, such additional tax as may be necessary and proper. Said taxes shall have the same lien and priority as taxes due the State and county, except that they shall be postponed thereto. Taxes. Limit of tax rate. Section 28. Be it further enacted, that all persons owning property in said city shall be required to make a return under oath, annually to the board of tax-assessors of said city, of all their property, real and personal, subject to taxation by said city, as of April first of each year; and the books for opening same shall open on April first and close on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 29. Be it enacted by the authority aforesaid, that the mayor and city council, annually by their first meeting in March, shall elect three upright freeholders residing in said city as a board of tax-assessors. Vacancies on said board may be filled by the mayor and city council as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax-assessors to assess the value of all real estate and personal property subject to taxation by said city, for the purpose of taxation by said city at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small.

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If any person or corporation fails or refuses to make return of any of his real estate or personal property as hereinbefore required by the first day of June in any year, said tax-assessors shall assess such property of the person failing to return same at double the fair market value thereof. They shall make a return of their work within 30 days after the close of books for receiving returns, unless additional time is granted by the mayor and city council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of said notice five days before said hearing to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors. Double tax on defaulter. Objections to assessments. Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the mayor and city council of said city, provided said appeal be filed in writing with the city clerk within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by appellant; said appeal shall be heard by said mayor and council at their next regular meeting, and their decision shall be final. The mayor and city council shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of tax-assessor, if in their opinion it is returned and assessed below its fair market value. They shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not

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shown on the digest of the tax-assessors; and to make such additional regulations as they deem necessary to secure payment of taxes on all property subject thereto. Appeal to mayor and council. Section 30. Be it further enacted, that the mayor and city council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the city clerk or deputy clerk and bear test in the name of the mayor of said city; and the chief of police and other police officers, the sheriffs, deputy sheriffs, and constables of said State shall have authority to execute same by levy and sale and the other means provided by sections 876 and 883 inclusive of the Code of Georgia (1910). Tax executions. Section 31. Be it further enacted, that all male persons over the age of 16 years and under the age of 50 years, who have resided in the corporate limits of said city ten days and who are not exempted by State law, shall be subject to work on the streets, alleys, and sidewalks within said corporate limits each and every year, not exceeding ten days each year, or to pay a commutation tax each year in lieu of working said streets, alleys, and sidewalks, not exceeding five dollars each year; and in the event any such person fails to do such work, or to pay such commutation tax as may be fixed by the by-laws and ordinances of said city, after being notified by the chief of police or any police officer of said city, in writing, one day beforehand to do said work or pay said tax, such person, for such refusal or failure, shall be subject to be arrested by the chief of police or other police officers of said city, and punished, on such charge being preferred against him in the mayor's court, by being compelled to work on the streets, alleys, and side-walks of said city not exceeding 30 days, and to pay a fine not exceeding $15.00, and to be imprisoned in the city prison

Page 1093

not exceeding 30 days, or being compelled to do one or more or all or any part of these things, for each and every day he so fails and refuses. Road work; commutation tax. Penalty. Section 32. Be it further enacted, that the mayor and city council of the City of Thomaston created by this Act shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance-halls, skating-rinks, shows and exhibitions of all kinds; drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicine, soaps, notions, and all other articles; also hotels, chain-stores, boarding-houses, auction-houses, restaurants, fish-stands, meat markets, laundries, and billiard, pool, and other kinds of tables; ten-pins, shooting-galleries, and bowling-alleys, slot-machines or any games operated by coin-in-slot devices, and all contrivances and devices for carrying on games; also bakeries, dairies, barber-shops, livery-stables, slaughter-houses, tanyards, garage or motor-vehicle repair shops, blacksmith-shops, gins, sawmills, planing-mills; also auctioneers, peddlers, and pawnbrokers; all agents for fire, accident, and life insurance companies; the sale of all sorts of beverages, cigars, and tobacco products; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said mayor and council shall have power to require registration of, and to assess and collect a license-tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as city ad valorem taxes; and said city may require a registration of and payment of license-tax on all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish conducting or engaging in

Page 1094

any such business, etc., without first registering and paying said license taxes. Said mayor and council shall have full and complete power to provide by ordinance for classification of all businesses, and to fix the license taxes to be paid by the different classes and businesses, and all other rules and regulations necessary and proper in the premises. Licenses. Section 33. Be it further enacted, that said mayor and city council may revoke the license of, and prohibit the operation of, any business or establishment to which a license may have been granted, in the event the same becomes a nuisance or is dangerous or injurious to the health or morals of the people of said city. Said mayor and council are hereby authorized and empowered to define and prohibit unfair competition on the part of any person or corporation seeking to do business or doing business in said city, and to refuse to grant a license to any person or corporation who manifestly intends to engage in unfair competition therein, and to revoke the license of any person or corporation who engages in unfair competition. But no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Revocation of license. Section 34. Be it further enacted, that the said city is hereby authorized to assess, levy, and collect a sanitary tax and such other taxes not herein enumerated which are not in conflict with the laws and Constitution of this State. Sanitary tax. Section 35. Be it further enacted, that the mayor and city council of said city are hereby vested with full power and authority to establish, equip, maintain, modify, extend, and improve the system of sewerage and drains in said City of Thomaston, and to assess any or all costs of the building, equipment, and maintenance of such sewerage and drains as may hereafter be put in along the streets, alleys, or ways of said city against the real estate abutting on each side of the street, alley, or way in, on, or under which any sewer line or drains may be placed or constructed. And said mayor

Page 1095

and city council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the abutting real estate according to its frontage on the streets, alley, or way, or portion thereof, in, on, or under which sewer lines or drains may be placed or constructed. It shall be wholly discretionary with said mayor or city council whether said improvement shall be done or not. Drainage. Assessments, equalizing. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assesment. The mayor and city council shall have authority to enforce the collection of the amount of any assessment so made for such sewerage or drainage improvements, by execution to be issued by the city clerk against the abutting real estate and against the owner thereof at the date of the ordinance making the assessment; which execution shall be signed by said city clerk and bear test in the name of the mayor, and may be levied by the chief of police and other police officers of said city upon such real estate; and after advertisement and other proceedings as in cases of sales for taxes, the same may be sold at public outcry to the highest bidder and such sale shall vest the absolute title in the purchaser, and said chief of police or other police officers shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided, that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and the affidavit so received shall be returned to the superior

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court of Upson County, and there tried as other cases of illegality are tried. Collection of assessment; execution. Affidavit of illegality. The lien for such assessments and the executions issued thereon on abutting property for such sewerage or drainage improvements shall have the rank and priority of payment next in point of dignity to liens for city taxes, as provided by the Constitution and laws of Georgia. The chief of police of said city shall have power to transfer such executions in writing, and the said transferee shall have all the rights under the same as were had by said city. Lien of assessment. Said mayor and city council shall have authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to improve, etc., the sewerage and drainage systems of said city. Sewerage, etc. Section 36. Be it further enacted, that the mayor and city council shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage of the streets, sidewalks, and public lanes and alleys of said city; to put down curbing, cross-drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, said mayor and city council shall have full power and authority to assess two thirds of the cost of paving and otherwise improving sidewalks on the real estate abutting on the streets, but only on the side of the street on which the sidewalks is improved; and the City of Thomaston is to pay the other one third of said cost. That said mayor and city council shall have full power and authority to assess one third of the cost of grading, paving, macadamizing, constructing curbing, side-drains, cross-drains, crossings, intersections, and otherwise improving the roadway or street proper, on the real estate abutting on each side of the street improved, so that the real estate abutting on both sides of the street improved shall be assessed two thirds of the cost thereof, the other one third to be paid by said city. Said

Page 1097

mayor and city council shall prescribe by ordinance the work to be done on any street, sidewalk, etc., 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 of said city; they 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 set forth, as may be just and proper, estimating the total cost of each improvement made and prorating the costs thereof on the real estate according to its frontage on the street so improved. It shall be wholly discretionary with said city authorities whether said improvements shall be made or not. Street improvements. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing the work and making the assessment. Said City of Thomaston shall have authority to enforce the collection of the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment. Said execution shall be signed by said city clerk and bear test in the name of the mayor of said city, and may be levied by the chief of police and other police officers of said city upon such real estate; and after advertisement and other proceedings as in cases of sales for taxes, and same may be sold at public outcry to the highest bidder, and such sale shall vest the absolute title in the purchaser, and said chief of police shall have full authority to eject the occupants of said property and place the purchasers thereof in possession; provided, that the defendants shall have the right to file an affidavit denying the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before affidavit is received, and the

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affidavit shall be received for the balance, and the affidavit so received shall be returned to the superior court of Upson County and there tried as other cases of illegality are tried. Lien of assessment. Execution. Affidavit of illegality. The lien of assessments against abutting real estate for street or sidewalk paving, etc., and the executions issued therefor, shall have rank and priority of payment next in point of dignity to liens for city taxes; and the chief of police of said city may transfer said executions in writing, and the transferees thereof have all the rights under the same as were had by said city. Priority of lien. And said mayor and city council shall have authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to grade, pave, macadamize, drain, or curb any of the streets and sidewalks of said city; to enforce by execution the payment of the cost thereof against abutting property owners for the proportionate amounts due by them; to prescribe how the owners of agents thereof shall be served with notice by personal service or by publication. And said City of Thomaston shall have full power to repave or repair any sidewalk, street, or alley or portion of such sidewalk, street, or alley, and such after proceedings as to levying and collection of assessments thereof as in cases of original paving, etc., provided for under this section, whenever in the judgment of the mayor and city council such repaving or repairs are necessary. And in all cases where street paving or repairing is contemplated on any street in said city, in which water-mains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property-line extension against the property to which said extensions are made, and in the same manner as assessments for street paving are made and collected. Power as to ordinances. Repaving.

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Section 37. Be it further enacted, that the mayor and city council of said city shall have full power and authority to furnish water, electric lights and power, and other public-utility service for the public use of said city, and for private use, and to charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric-light and power lines, a system for manufacturing or supplying gas and any other public-utility system or plants; to purchase or generate electric energy or gas; and to own and construct dams; and to do anything necessary to maintain the supplying of said public utilities. Public utilities. Section 38. Be it further enacted, that the mayor and city council of said City of Thomaston shall have full power and authority to regulate and enforce collection of and insure payment of charges for supplying of water, electric lights or power energy, and sewer service, by the following methods: Collection of charges. (a) By making said charges for water, electric energy, and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service they may provide that the water, electric light, and power energy, or sewer service shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place, or premises with water, electric energy, or sewer service, until said arrears, with interest thereon is fully paid; and further they may provide for the issuance of an execution for the unpaid charges for water, electric energy, or sewer service against the real estate served and the owner therof, which shall be a lien of said real estate, and enforceable in the same manner as city taxes. (b) Said mayor and city council shall have full power to require the prompt payment in advance for all water, electric energy, and sewer service furnished by said city; or to require of each consumer or person served a reasonable deposit,

Page 1100

which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, or sewer service, where payment in advance, or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as city taxes are enforced, any unpaid charges for water, electric energy, or sewer service. Should any consumer fail to pay all water or electric-light charges due by him to said city, said city may cut off water and light service from the premises, and, should he move to another place in said city, may refuse to furnish him such service at his new residence unless he pays the arrears. (c) To adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such other methods of enforcing said charges as they may deem necessary and proper. (d) The provisions of this section shall also be applicable to charges for gas or any other public-utility service which may hereafter be furnished by said city. Section 39. Be it further enacted, that there shall be established and maintained in the City of Thomaston, created by this Act, a system of public schools, to be established, conducted, and maintained as hereinafter prescribed. Schools. (a) The board of education for the said system of public schools shall be composed of the board of trustees of R. E. Lee Institute, at Thomaston, Georgia, seven in number, said institute being a legally chartered institution, and now operating as such. That said board shall be perpetuated in the manner now prescribed by the charter of the said institute to wit: The election of the board of education shall be by the board, one member to be retired annually the last Friday in May, and not to be eligible for re-election within two years thereafter; the term of office of each member

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being seven years from the date of his election. Further, that in cases of death, resignation, or removal from the City of Thomaston, the vacancies thereby made shall immediately be filled by election by said board. Board of education. (b) Said institute shall, so long as desired by its board of trustees, be a part of the public-school system and be operated thereunder and share in its benefits, privileges, etc. R. E. Lee Institute. (c) The officers of the said board of education shall be a president and vice-president, elected from the members of board, a secretary and treasurer, who may be a member of said board, and such other officers as may be deemed advisable and necessary, all of whom shall be elected by said board, and hold their offices at the pleasure of said board. The board of education, including the president and vice-president thereof, shall serve without compensation; the secretary and treasurer and such other officers as shall be created and elected shall receive such compensation as the board may fix. Officers of board. (d) The board of education shall take and hold in trust for the City of Thomaston any grant or devise of land, or donation, or bequest of money or other property made to it for educational purposes, with the right to sue and be sued; they have full right and power to acquire property by purchase, and to erect buildings thereon for school purposes; to rent, lease, or take over for a number of years, with the privilege of renewal, from any person or corporation, school buildings, equipment and furnishings, and grounds for school purposes; to borrow money for current expenses, and to do all other things that may be necessary to carry on successfully a modern school system; to devise, designate, establish, adopt, and maintain a system of public schools in said city; to increase, modify, alter and change the same from time to time; to establish public schools for the said City of Thomaston, including primary, grammar, and high schools, as they may deem expedient and proper;

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to prescribe the curriculum, including agriculture, manual training, domestic arts, etc.; to appoint and employ teachers for the said schools and superintendent for the same; to fix the compensation for teachers and superintendent; to make such by-laws, rules, and regulations for their own government, and that of the superintendent, teachers, and pupils of said schools as they may deem proper; and to do any and all other acts promotive of the best educational interest of the said city when not in conflict with this section or the Constitution and laws of the State. Powers of board. (e) The county-school superintendent of Upson County shall pay over to the board of education of the City of Thomaston that portion of the public-school fund coming from the State to the County of Upson as the children of school age in said city would be entitled to receive a pro rata distribution of said fund to the children of school age in the County of Upson, as ascertained by the last census of children of school age in the County of Upson, and said city. Said board of education of said city shall have power and authority to contract with the proper authorities of the County of Upson for the admission of children living outside of the city limits into the public schools of the city, and the treasurer of the board of education shall receive from the county superintendent of schools such amounts as may be provided in the contract so made. School fund. Contract for children outside city limits. (f) Said board of education of said city may fix, charge, and collect a matriculation fee of residents of said city for admission to the primary, grammar, and high schools, and other departments of said system of public schools of said city, which if demanded shall be paid at or before admission into the school. Said board may also provide for the admission of children whose parents or guardians reside outside of said city, upon payment of such rates of tuition as the board in its discretion may provide, and also provide for the admission of children residing outside of the city, also for the admission of such students residing in the city not

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within school age, upon payment of such rates of tuition as may be prescribed by said board. Matriculation fee. Tuition for nonresidents. (g) That the State school fund shall be supplemented by an ad valorem tax not exceeding five mills on the dollar, levied by the city council of the City of Thomaston, as follows: The board of education shall by the first of June of each year make an estimate of the amount necessary to be raised that year for additional support of the public schools in said city, and place this estimate before the said city council; and it shall be their duty when making the annual tax levy for the current expenses of the said city to levy a school tax along with other taxes upon all taxable property within the corporate limits of the City of Thomaston. School tax; limit. Section 40. Be it further enacted, that the mayor and city council of said city may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment-houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of 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 city council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, profession, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of

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premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three members to be elected by said mayor and council, and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the superior court of Upson County. Zoning. Section 41. Be it further enacted by the authority aforesaid, that in addition to the power and authority vested in the mayor and city council of said city by the general laws of said State, and to those heretofore granted by this Act, the mayor and city council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: Powers of mayor and council. (a) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect the health of said city, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city. (b) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to establish and maintain hospitals and clinics for the quarantine in and treatment of contagious, infectious or dangerous diseases, either in or outside said city, and to cooperate in the management and control of a public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same.

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(c) To own and regulate cemeteries and parks, either within or without said city; to establish, control, and govern a municipal market in said city; to own or to contribute to the support of a municipal airport, swimming-pool, golf links, and playground, either within or without said city. (d) To prescribe fire limits and the character of buildings, tents, and other structures to be erected or prohibited therein, and for the repair or improvement of buildings already erected; and to provide for the removal or tearing down of buildings not conforming to the regulations of said fire limit. (e) To regulate and prohibit the keeping of explosives and other dangerous substances in said fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electric apparatus in said city. (f) To regulate the character of buildings to be erected in said city, and to adopt and enforce building regulations; to require permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same; and to regulate plumbing and electric wiring in structures in said city. (g) To prevent or condemn encroachments or obstructions in, upon, or over any sidewalk, street, or alley, and to require the removal of such. (h) To grant franchises, easements, and rights of way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as said mayor and city council may prescribe; and to regulate all public-service or utility corporations doing business in said city in any manner not in conflict with State or Federal law. (i) To establish, equip, and maintain a fire department.

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(j) To define and prohibit nuisances within the corporate limits and police limits of said city, and to prescribe the mode of trying all nuisances, and to abate the same. (k) To provide, equip, and maintain a city prison and chain-gang, and to regulate the same; and to provide for the working of the city convicts on the streets of said city, or any public works of said city both within and without the corporate limits. (l) To have and exercise the power of eminent domain, so as to condemn and acquire private property for school purposes and for the enlargement of school-grounds, and for the purpose of enlarging and improving the schools of said city or for their benefit; for public streets, sidewalks, parks, and playgrounds; for rights of way for any electric-light, water-supply, or sewer line; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water, and light department, or any other department of said city; for public hospitals and libraries; and for any other public use whatsoever, whenever same is necessary in their opinion and within the meaning of the law; all proceedings for condemnation to be conformity with Section 5206 et seq. of Code of Georgia (1910). (m) To prescribe and regulate the use of its streets, and to classify said streets, and regulate the use thereof according to such classification; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor-vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city and to regulate the operation thereof. (n) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had.

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(o) To lay out and open new streets and alleys in said city; and to change the grades thereof. (p) To provide a uniform scale of costs of the city clerk and police officers of said city for all services in the arrest and prosecution of offenders in the mayor's court, and in the issuance and collection of tax and other executions; and for their collection and payment into the city treasury. (q) To require connection with sewerage by property owners whose property abuts on streets having sewer mains therein. Section 42. Be it further enacted, that the mayor and city council of said city shall have power and authority to contract debts and issue bonds of said city as the valid obligations of said city, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid and existing debts, establishing, improving, and maintaining a water supply system, a system of lights or electric power, any other public service or utility system, for the erection of school buildings, hospitals, or other public buildings, for the paving or otherwise improving of city streets or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purpose. Bond issues. Section 43. Be it further enacted, that all ordinances now in force in said city, except where they are in direct conflict with the provisions of this Act, shall remain of full force and effect unless and until they are repealed or superseded by other ordinances passed by the City of Thomaston created by this Act. Ordinances continued in force. Section 44. Be it further enacted, that if for any reason any section, provision, clause, sentence, phrase, word, or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity

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or consitutionality of any other section, provision, clause, or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the provision, clause or part so held to be invalid or unconstitutional. Act not invalidated by void part. Section 45. Be it further enacted, that the enumeration of powers contained in this Act shall not be considered as restrictive; but the mayor and city council of Thomaston and the authorities of said city may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made, and the city council may pass all laws and ordinances, rules, and regulations that they may deem needful and proper for the general welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the city council may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act or the laws of this State. General powers. Section 46. Be it further enacted, that all Acts of the General Assembly heretofore passed incorporating the City of Thomaston and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act; and all provisions of former Acts which are inconsistent with and at variance with this Act are hereby expressly repealed; and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Former legislation. Approved March 15, 1933. THOMASTON POLICE; ARRESTS. No. 279. An Act to amend an Act to amend, consolidate, and supersede the several Act incorporating the City of Thomaston in the County of Upson, State of Georgia, approved March 13, 1933.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that an Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston, in the County of Upson, State of Georgia, etc., approved March 13, 1933, be amended as follows. Section 2. By striking Section 24 of said Act in its entirety, and substituting in lieu thereof another section to read as follows: Section 24. Be it further enacted, that it shall be lawful for the chief of police or other police officers of said city to arrest without warrant any person or persons within the corporate limits or police limits of said city, for an offense against or a violation of the laws and ordinances of said city, or for a crime against the penal laws of said State, if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. And in such cases when any offender against the laws or ordinances of said city, who after committing said offense seeks to flee and escape, the chief of police and other police officers are empowered to pursue and arrest him without warrant. Arrest without warrant. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1933. THOMASVILLE WATER AND LIGHT FUND. No. 85. An Act to amend an Act approved October 3rd, 1889, entitled An Act to incorporate the Town of Thomasville as the City of Thomasville, as amended by the Act approved August 9th, 1904, and the several other Acts thereof; so as to provide for the establishment of a fund

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to be known as City of Thomasville Water Light Department General Reserve Fund; to provide the amount of, the uses of, and the manner of maintaining said fund; to provide that the water light plants and systems of said city shall not be sold nor leased without first being authorized by two-thirds majority vote in an election held for that purpose; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Thomasville be and is hereby amended as in this Act set forth. Section 2. Be it further enacted, that a fund shall be created and maintained to be known as the City of Thomasville Water Light Department General Reserve Fund. The City of Thomasville, from revenues derived from the operations of its water and light plants and systems now owned or which it may hereafter acquire, shall pay into said fund quarterly hereafter, on March 31st, on June 30th, on September 30th, and on December 31st, twenty (20%) per cent. of the net income for the preceding three months from its said plants and systems, and before depreciation charges are made; it being the purpose of this Act to create and maintain a reserve fund of $125,000. Provided, when and if said fund shall amount to $125,000, such payments of money into said reserve fund shall cease, except when necessary to keep the amount of said fund up to $125,000; and provided further, that, upon recommendation of the City of Thomasville water and light commission and approval of city council, said payments into said fund may be continued after it has reached the amount of $125,000. The monies in said fund shall be used and applied solely for improvements, extensions, and replacements of the lands, buildings, equipment, and distribution systems now owned and used or which may hereafter be acquired by the City of Thomasville in connection with the operations of its water and light plants; and shall not be used or applied for

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ordinary operation and maintenance nor for ordinary service connections. Reserve fund for water and light department. Section 3. Be it further enacted, that a board is hereby created to be known as the City of Thomasville Water Light Commission, composed of the members of the water and light committee of the council and their successors in office, and who shall serve without additional compensation to that received as aldermen. The chairman of the water and light committee shall be chairman of said commission. The treasurer and clerk of the City of Thomasville shall serve respectively as treasurer and clerk for said commission and without additional compensation. It shall be the duty of said commission to create and maintain the City of Thomasville Water Light Department General Reserve Fund as herein provided. All sums in said fund, in excess of amounts required for immediate disbursement regularly ordered, shall be invested in bonds, such as the laws of Georgia direct for the investment of the sinking fund of the City of Thomasville, except that said fund shall not be invested in bonds of the City of Thomasville. All interest accumulations from said bonds in said fund shall be invested in said fund. All bonds bought for said fund shall be on approval first had from the city council. Of the bonds held there may be sold at any time a sufficient amount to pay for any expense incurred for any of the purposes for which said fund was created and which having been duly ordered paid. No expenditure of money or proceeds from sale of any bonds held in said fund shall be ordered for any purpose other than those specified in Section 2 hereof, and except upon approval of said commission, and a resolution carried by two-thirds majority vote of a full council, which approval and resolution must first be duly entered on the minutes of council, and no money shall be paid out of said fund except by voucher signed by the treasurer and counter-signed by the chairman of the water light commission and the chairman of finance committee of council. The

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water light commission shall, with approval of council, designate a depository for said fund, and the treasurer shall make bond in the sum of $5,000.00, payable to the City of Thomasville and approved by the city council, for the proper protection of said fund. Said commission shall, with approval of council, designate a box in a safety-deposit vault for the keeping of the bonds and securities held in said fund, which box shall not be opened and gone into except by the chairman of the water and light commission in company with one other party to be designated by council. Water and Light Commission created. Investment of fund. Depository for fund. Section 4. Be it further enacted, that said water light commission shall make written reports to the city council at the first regular meeting of council in the months of January, April, July, and October of each year, which reports shall show in detail the acts, transactions, and operations of said commission for each quarter year respectively; with a statement of bonds held, bought, and sold and all monies received and paid out. And said reports shall be examined by council and recorded on the minutes. Reports to city council. Section 5. Be it further enacted, that the water light plants and systems now owned by the City of Thomasville or hereafter acquired shall not be sold or leased without first being authorized by a two-thirds majority of the registered voters of the City of Thomasville voting in an election held for that purpose; which election, if held, must be by resolution of council, and after notice thereof shall have been published by the city clerk for thirty (30) days in each consecutive issue of a weekly or daily newspaper published in the City of Thomasville, and within fifteen (15) days after the last publication of said notice. Election as to sale or lease of water and light system. Section 6. Be it further enacted, that on the 30th day of June of each year hereafter, there shall be paid from the revenue derived from the operation of the City of Thomasville water and light plants and systems an additional sum of $7,000.00 into the sinking-fund of said city, to be used

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and expended solely for the payment of the interest on and for the retirement, as they become due, of the following named bonds of the City of Thomasville: Sinking fund. Payments on bonds. $15,000.00 water-mains bonds, issued July 1st, 1917. $10,000.00 waterworks bonds, issued July 1st, 1917. $45,000.00 electric light plant bonds, issued July 1st, 1917. which payments into said sinking-fund shall cease when the bonds, as listed, shall have been retired. Section 7. Be it further enacted, that the council of the City of Thomasville shall call and cause to be held in said city, within six months after the passage and approval of this Act, an election for the purpose of ratifying or rejecting this amendment. Notice of said election shall be published in a newspaper of said city once a week for four weeks next prior to the holding thereof, and the election shall be conducted in accordance to charter of said city for the holding of special elections, and return thereof shall be made by the managers as provided for in general elections for the City of Thomasville. Tickets shall be provided for said election to read For Thomasville Water Light Department General Reserve Fund, and Against Thomasville Water Light Department General Reserve Fund. If a majority of the qualified voters of said city voting vote Agaisnt Thomasville Water Light Department General Reserve Fund, then this Act shall be void; but if a majority of the qualified voters of those voting vote For Thomasville Water Light Department General Reserve Fund, then this Act shall become effictive. Referendum Section 8. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1933.

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TIFTON NEW CHARTER; REFERENDUM. No. 371. An Act to repeal the present charter of the City of Tifton; to provide a new charter for the City of Tifton; to define its limits; to provide for a mayor and council form of government and other offices for the City of Tifton; to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of same; to provide for a system of sanitary sewerage; to provide for a system of water-works; to provide for a board of health; to declare and define police powers of said city; to provide for the condemnation of private, public, and semi-public property for the use of said city, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the City of Tifton to establish a public-school system, a system of waterworks, and a system of electric lights, under such restrictions as are provided by State law, whenever in the judgment of the mayor and council of said city such course may be deemed advisable, and to provide for the issuing of bonds for any and all of these purposes under such restrictions as are provided by State law; to provide for taxation and the granting of licenses to all kinds of business, trades, callings, or professions; and to grant a charter to said city under the corporate name of the City of Tifton; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act, an Act entitled an Act Tifton, New Charter for the City of, approved August 14, 1920, and all Acts amendatory thereof, be and the same are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with or at variance with this Act or any provisions hereof

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are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Acts repealed. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act, the City of Tifton, in the County of Tift, is hereby incorporated. Its corporate limits shall embrace and include all the territory within the following described boundaries: Beginning at the center of the railroad crossing of the Georgia Southern Florida Railroad and the Atlantic Coast Line Railway in said city, and running south three quarters (3/4) of a mile; thence due east three quarters (3/4) of a mile; thence due north one and one half (1) of a mile; thence due west one and one half (1) of a mile; thence due south one and one half (1) of a mile; thence due east three quarters (3/4) of a mile to the point on the south side of said city, three quarters (3/4) of a mile due south from the beginning point or at the crossing of the Georgia Southern and Florida Railroad and the Atlantic Coast Line Railway. The said defined territory is incorporated under the name and style of the City of Tifton, and the City of Tifton is hereby chartered and given all the privileges and benefits conferred on cities by the constitution and laws of Georgia, and by said name is established and may have perpetual succession, and is hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, or in cities thereof; and all rights, powers, privileges, titles, property, easements, or hereditaments now belonging or in any wise appertaining to the City of Tifton, or to the city manager and board of commissioners of the City of Tifton as heretofore incorporated shall be and are hereby vested in the City of Tifton as created by this act; and the City of Tifton, in Tift County, Georgia, created, established, and declared by this Act, may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact,

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through its mayor and councilmen hereafter provided for, such ordinances, rules, regulations, and resolutions for the transaction of its business and for the welfare and proper government of said city as said mayor and councilmen may deem best, and not inconsistent with the laws of Georgia and of the United States; and the City of Tifton shall be capable in law to purchase, hold, receive, possess and retain in perpetuity, lands, tenements, or hereditaments of any kind whatsoever, within and without the corporate limits of said city, for corporate purposes, and to sell, alien, and convey, exchange, or lease the same or any part thereof. Corporate limits. Section 3. Be it further enacted, that the municipal government of the City of Tifton shall consist of a mayor and four councilmen, and that said councilmen shall be elected one from ward No. 1 as hereinafter set out and defined, one from ward No. 2 as herein after set out and defined, one from ward No. 3 as hereinafter set out and defined, and one elected from the city at large; and that the mayor shall be elected from the City at large. The said City of Tifton be divided into three wards as herein specified, to wit: Ward No. one shall include and comprise all the territory in said city limits west of Love Avenue and north of the Atlantic Coast Line Railway in said city. Ward No. two shall include and be comprised of all of the territory in said city east of Love Avenue, to where said Love Avenue crosses the Atlantic Coast Line Railway in said city, then running said Atlantic Coast Line Railway west to where same crosses the Georgia Southern and Florida Railroad, thence running said Georgia Southern and Florida Railroad south to the city limits and including the territory east of said railroad. Ward No. three shall include and be comprised of all of the territory in said city west of the Georgia Southern and Florida Railroad and south of the Atlantic Coast Line Railway in said city. Mayor and council. Wards. And that there shall be board of trustees for the schools of the City of Tifton, consisting of four, and that one member

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of the board of trustees shall be elected from ward No. one, one member shall be elected from Ward No. two, and one member shall be elected from ward No. three, and one member elected from the City at large. And said four members of said board of trustees together with the mayor of the City of Tifton shall constitute the board of education of the City of Tifton, and that the mayor shall be chairman of said board. Board of education. And that, for the purpose of electing a mayor and four councilmen and four members of the board of trustees of the city schools of the City of Tifton, there shall be called an election by the city commissioners of Tifton within ten days from the ratification of this act, at which election a mayor shall be elected by the voters from the city at large, and one councilman shall be elected by the voters from the city at large, and one member of the board of trustees for the city schools of the City of Tifton shall be elected by the voters of the city at large, and one councilman and one member of the board of trustees for the city schools for the City of Tifton shall be elected from each of the several wards by the voters of such ward. And that councilmen and members of the board of trustees of the city schools of the City of Tifton, from ward Nos. one and two, shall hold office until January 1st, 1935; and that the mayor and councilmen and members of the board of trustees of the city schools of the City of Tifton, from ward No. 3 and from the city at large, shall hold office until January 1st, 1936. And that on the first Wednesday in December, 1934, an election shall be held for the election of two councilmen and two members of the board of trustees of the city schools of the City of Tifton, from ward Nos. one and two, who shall be elected for a term of two years each. And that on the first Wednesday in December, 1935, there shall be held an election in said city, at which time there shall be elected a mayor and two councilmen and two members of the board of trustees of the city schools, one being elected

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from ward No. 3 and one from the city at large, for a term of two years each; and that there shall be held an election on the first Wednesday in December each year thereafter, for the purpose of electing officers to take the place of such officers whose term of office will expire January 1st thereafter. In all of said elections the polls shall open at such place or places as the mayor and councilmen shall determine, at least three days notice being given of the place or places of holding such election, and that the polls shall be open at 8 o'clock a. m., standard time, and close at 3 o'clock p. m., standard time. Said election shall be under the management and control of the justice of peace and two freeholders resident of said city, or of three freeholders resident of said city, which said justice of the peace and freeholders shall be selected by the mayor and councilmen of said city then in office. The managers of said election shall appoint two clerks, and shall together with said clerks receive such compensation as may be agreed upon by said mayor and council, not exceeding three dollars per day each. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and are not in conflict with the Act. The mayor, councilmen, and members of the school board elected in said elections shall be sworn in and take office the first Monday night in the month following the election. Election of mayor, councilmen, school trustees. Section 4. Be it further enacted, that the managers of elections in said city shall take before some officer authorized to administer oaths, or administer to each other, the following oath: I,....., do solemnly swear that I will faithfully perform the duties of manager of this election, to the best of my ability, prevent fraudulent and illegal voting, without fear or favor; so help me God. Oath of election managers.

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Section 5. Be it further enacted, that immediately after the polls are closed said managers shall count the ballots cast; and after the ballots have be counted, the tally-sheets and list of voters shall be certified in writing by said managers in the following language, to wit: We do certify that the foregoing pages or sheets constitute the tally-sheets (or list of voters, as the case may be) of an election for, held by us thisday of, 19, and that they are an accurate and faithful record of the names and number of voters at said election. Thisday of, 19. Manager Manager Manager. The tally-sheets and lists of voters shall then be sealed up together in an envelope, delivered to the clerk of the city, and filed of record in his office. The ballots shall likewise be sealed in an envelope, delivered to the clerk, and filed of record in his office. Election returns. Section 6. Be it further enacted, that on the day next succeeding the election the managers thereof shall file a written report of the result with the city clerk, showing the number of votes cast and for whom cast. Upon filing of said report the mayor and council, at their next regular meeting thereafter, shall declare the result of such election, and such declaration shall be entered of record by the city clerk on his minutes of said meeting. Report of election managers. Section 7. Be it further enacted, that after thirty days from the day of said election, if no notice of contest has been given as to result of said election, the clerk aforesaid shall destroy the ballots. Should any person except under an order of court of competent jurisdiction, for any cause whatsoever, inspect either the tally-sheets, lists of voters or ballots of said election, after they have been filed by the clerk of the city as aforesaid, he shall be liable to fine or imprisonment, or both, in the discretion of the police court of said city. Destruction of ballots. Inspection of ballots, penalty for.

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Section 8. Be it further enacted, that any person who has resided in the City of Tifton six months and is a qualified voter under section 34 of the Code of Georgia, 1910, and who will have registered his name in the registration book hereinafter provided for, shall be a qualified voter in the City of Tifton. Qualified voters. Section 9. Be it further enacted, that immediately after the passage of this act the clerk of said City of Tifton, shall open a book to be designated as the Voter's Book for the City of Tifton, containing on the first page thereof the following oath, to wit: I do swear, or affirm, that I am a citizen of the United States, that I am 21 years of age, or will be on theday ofof this calendar year; that I have resided in this State for one year and within the corporate limits of the City of Tifton for six months immediately preceding the date of this oath, or will have so resided on theday of, of this calendar year; that I have paid all poll-taxes which, since the adoption of the constitution of 1877, have been required of me; that I possess the qualifications of an elector required by the constitutional amendment adopted 1908; that I am not disqualified from voting by reason of any offense committed against the laws of this State. I further swear that I reside at NumberStreet, in the City of Tifton; my age isyears; my occupation is. Voters' Book. Oath of voter. Section 10. Be it further enacted, that the city clerk of Tifton shall always keep said registration book open for signatures at his office at any time and at all times when his office is open for payment of taxes or other business. The electors who are thus qualified and have signed the voters' book shall not thereafter be required to register or further qualify except as shall be required by the board of registrars; provided that no person shall remain registered longer than he retains the qualifications under which he is registered. No person shall be allowed to registere unless

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he shall have paid all poll-taxes due by him except taxes for the current year. The clerk of the City of Tifton, or any clerk employed by him and authorized by him to receipt for taxes in the usual course of his employment, is required to take charge of said voters' book and administer the oath. When the signature of any person is not clearly legible, the officer in charge of the voters' book shall, at the time the signature is made, write out the name in clearly legible letters opposite or under said signature. Permanent registration. Section 11. Be it further enacted, that any person desiring to register as a voter may apply to the clerk of the City of Tifton, or his deputy as above described, and after reading said oath, or having same read to him, shall evidence the same by signing his name in said voters' book underneath the written or printed oath above described, or on the same page following the page on which the oath is written or printed. A memorandum of entry of the voter's name, his street number or place of residence, his age and occupation, shall be made by the officer in charge of said book. When the applicant is not 21 years old at the date of taking the oath, a similar entry or memorandum shall be likewise made, showing the date in that year when he will have reached the age of twenty-one; and when the applicant has not resided in the State one year, or in the city six months, at the date of taking such oath, a similar entry or memorandum shall be made, showing the date in that year when he will have resided in this State one year and in the City of Tifton six months. Registration. Section 12. Be it further enacted, that upon request of the applicant the officer in charge of the voters' book shall read or repeat such oath, before signing his name; and if the applicant can not sign his name, said officer shall sign it for him, the applicant making his mark thereto. Signatures as made in said voters' book shall be prima facie evidence that the person so signing his name swears or affirms the truth of every material fact contained in said oath;

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also said written memorandum or entry preceding his signature. Oath. Section 13. Said clerk of council, or his deputy, shall not allow any person to sign his name in the voters' book unless he states at the time that all poll-taxes due by said voter are paid. Statement as to payment of poll tax. Section 14. Be it further enacted, that the clerk of council, or his deputy, shall in no instance permit a person to sign his name in the voters' book unless such person shall have actually made the oath before him thereon contained. Oath. Section 15. Be it further enacted, that at the first meeting of the city council after the passage of this Act, said mayor and council shall appoint three upright and intelligent freeholders, who are qualified electors, as a board of registrars for the City of Tifton; one of whom shall be appointed to hold from the date of his qualification until the first regular meeting of council in January, 1934, or until his successor is appointed and qualified, one shall be appointed to hold from the date of his qualification until the first regular meeting of the council in January, 1935, or until his successor shall have been appointed and qualified; and the ones shall be appointed to hold from the date of his qualification until the regular meeting of council in January, 1936, or until his successor shall have been appointed and qualified; one member of said board shall be thereafter elected by council annually for a term of three years; vacancies shall be filled as they occur by appointments made by the mayor and council. Before entering upon the discharge of his duties of his office each and every member of the board of registrars shall take the following oath, which may be administered by the clerk of council, the mayor, or any officer authorized under the laws of said State to administer oaths: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as a city registrar. Board of registrars. Oath.

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Section 16. Be it further enacted, that, thirty days previous to any and every election held within the corporate limits of said municipality, the clerk shall prepare from the voters' book and file with the city registrars an accurate and complete list of all the names signed in the voters' book, from each ward, up to and including the date upon which said list is finally completed; the names thereon shall be arranged in alphabetical order, and shall show the dates in that year when persons who are minor shall arrive at full age, or will have resided in the State and city the requisite time as sworn to in the voters' book; the list shall also show the voters' age, occupation, and place of residence. When such list is placed in their hands, said registrars shall then meet and begin work of perfecting a true and correct list of the qualified voters of the City of Tifton. In any case where the registrars question the right of any party, whose name is furnished by the clerk of council, to register, such person shall be notified of that fact and be given the opportunity to appear before the registrars and contest the removal of his name from the voters' list. The decision of the registrars on the subject of qualification of his right to vote shall be final. The names appearing on the list after same shall have been examined and purged by the registrars shall constitute the list of the registered voters in and for the City of Tifton. The registrars in all cases, whether the approaching election be general or special, shall complete their list ten days prior to the date set for holding such election, and shall file the same immediately with the clerk of the council, who shall at the proper time and in ample time place the same in the hands of the election manager. List of voters. Filing list. Section 17. Be it further enacted, that should any contest arise over the result of any election for mayor and councilmen, the same shall be heard and determined under the rules and laws as prescribed by the general laws of the State in such cases. Contest of election.

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Section 18. Be it further enacted, that during the pendency of said contest the persons who have been declared elected, as heretofore provided, shall exercise the duties and receive the salary and emoluments of said offices. Section 19. Be it further enacted, that the mayor and council shall fix all salaries, including that of the mayor, at their first meeting in January of each year, for that year; provided, however, that the salary of the mayor shall not exceed $100.00 per month. Fixing salaries. Section 20. Be it further enacted, that the mayor shall act as recorder for said city; provided, however, that in the absence of the mayor the mayor pro tem may so act. Mayor pro tem. Section 21. Be it further enacted, that whatever a vacancy shall occur in the office of mayor or councilman, the remaining members at its regular meeting thereafter shall order an election to be held within fifteen days after said meeting, for the purpose of filling said vacancy, which said election shall be held under the same registration list as the last election and rules and regulations as provided under this Act for the election of mayor and council. Vacancy. Section 22. Be it further enacted, that in case of a tie between two or more candidates in any election for mayor and council or either of them, or other elective officers, a new election as between the candidates thus tied shall be ordered within ten days after the result has been declared, under the same registration list, and the person receiving a majority of votes cast in said election shall be declared duly elected. Tie vote, new election. Section 23. Be it further enacted, that the mayor and council of the City of Tifton shall have the power and authority to enact such ordinances, from time to time, as they may deem necessary to enforce the provisions of this charter, to suppress disorderly conduct, to protect life and property, to maintain the public peace, and to protect the public

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health, which are not repugnant to the laws of the United States or of this State. Power as to ordinances. Section 24. Be it further enacted, that the mayor or mayor pro tem. and two councilmen, or three councilmen (who may elect one of their number to preside), shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however, that when there are no more than three members present, it shall require at least three affirmative votes to pass any ordinance or resolution; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council on appeal from the police or recorder's court, and in all such cases on appeal the majority of the members present shall be sufficient to find a legal verdict in said cause. However, the mayor shall not have a vote in any matter, except in a tie he may cast a vote, voting off the tie. The mayor and councilmen shall hold monthly, semi-monthly, or weekly meetings as they may decide upon, and the mayor, or mayor tem. in the absence of the mayor, may order such call meetings as emergencies may, in his judgment, may require. Quorum. Meetings of mayor and council. Section 25. Be it further enacted, that said mayor and council shall have the power to pass such ordinances, bylaws, rules, and regulations as may, in their discretion, be necessary to carry out the purpose of the Act, not in conflict with the provisions hereof or of the Constitution or laws of the State of Georgia, and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons and public squres of said city, and may provide against obstructions and nuisances thereupon. They may lay such drains and gutters therein as are necessary and proper means for keeping the corporate limits of said city, or the limits of its police jurisdiction, free from garbage and filth of all kinds. They shall have the power to summarily abate

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all nuisances whenever in their judgment such nuisance is injurious to the health, comfort, or convenience of the inhabitants of said city, either with or without complaint against such nuisance. They may regulate the running of locomotives or cars, whether run by steam, electricity, or other power. They may provide against obstructions in the streets, alleys, or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make such streets, alleys or sidewalks unclean or unsightly. They may have such regulations as they deem proper relative to the keeping, storage, or sale of gunpowder, and explosive or inflammable oils, chemicals, or powders in said city. They may prohibit the commission of nuisances in said city and provide punishment thereof. Powers. Section 26. Be it further enacted, that said mayor and council shall have the power and authority to elect a city marshal, who shall be the chief of police of said city, two or more policemen, as in their judgment may seem necessary, a surveyor and engineer, street overseer, attorney, city clerk, city physician, and a recorder, together with such other officer or officers as the necessities of the city may demand. They may prescribe the duties of said officers and fix their salaries; provided, however, that the salary of the mayor shall not exceed $100.00 per month. The terms of all officers elected by said mayor and council, except as otherwise provided herein, shall expire with the first meeting of mayor and council in the calendar year next succeeding their said election by said mayor and council; provided their successors have been elected and qualified. The mayor and council, or the mayor pro tem., may appoint such extra policemen as may be necessary in cases of emergency, and such extra policemen shall receive such compensation as may be agreed upon or as may be fixed by mayor and council. Either or all of said officers elected by the said mayor and council may be dismissed from office at any time

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by a two-thirds vote of the mayor and council, and all of them shall take oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required by the mayor and council. The mayor pro tem. shall be elected by the mayor and council from among their own number. Marshal, policemen, other officers. Salary limit $100 a month. Terms of office. Section 27. Be it further enacted, that, for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government, the said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city and which is not exempt by State law, not to exceed one half of one percentum; but where that amount is deemed insufficient, said mayor and council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of Georgia. Ad valorem tax, limit. Section 28. Be it further enacted, that every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city, not to exceed fifteen days in each year, at such time or times as the mayor and council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said mayor and council shall determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street-tax assessed in lieu thereof, after having received due notice so to do, as said mayor and council may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city shall be fined any sum not exceeding twenty-five dollars, or imprisoned in the guard-house or by labor in the chain-gang of said city not exceeding thirty days. Said mayor and council may pass such ordinances as they may deem proper for the purpose of enforcing this section. Street work, commutation tax.

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Section 29. Be it further enacted, that said mayor and council shall have the right to establish a guard-house and chain-gang in said city; provide for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits; employ guards and convict bosses; and generally provide for the control and proper government of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The mayor and council of said city shall have the right to lease or hire said convicts as may be confined in the chain-gang of said city, under the provisions of this charter, to the county authorities of Tift County, and shall have the right to make such charge against said county authorities as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities in the same manner as the county convicts are kept and provided for. Guard-house, chain-gang. Section 30. Be it further enacted, that the mayor and council of said city shall have full power and authority to license, regulate, and control by ordinance all taverns, hotels, boarding-houses, cafes, restaurants, saloons for the sales of creams, ices, etc., livery-stables, sale-stables, and lots, hacks, drays, and other vehicles, auctioneers, vendue masters, itinerant traders, theaters, and theatrical performances, dummy or street railroads, oil-mills, ice works, laundries, waterworks, shows, circuses and exhibitions of all kinds, itinerant lighting-rod dealers, emigrant agents, book agents, peddlers of clocks, peddlers of stoves, machines, or any articles of merchandise whatever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public play, every keeper of shooting-gallery, ten-pin alley, upon the keeper

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of any table, device, stand, or place for the performance of any game or play, whether played with sticks, balls, or rings or other contrivances; upon flying horses or other contrivances, bicycles, velocipedes, or skating-rinks, insurance agents, life, fire, accident, or other insurance companies, loan agents for any and all kinds of business; banks and bankers, brokers, and commission merchants of all kinds, and dealers in futures, keepers of slaughter-houses, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads, and other articles of food; contractors and builders, and all merchants or artisans, barber-shops, junk-shops, pawnbrokers, and upon all and every other establishment, business, calling, trade, or avocation not hereto mentioned, and which under the Constitution and laws of Georgia are subject to license or specific tax. Licenses. Section 31. Be it further enacted, that the mayor and council of said city may demand payment of any and all licenses or specific taxes authorized by this Act or by the laws of Georgia, in the amount fixed by ordinances, as a condition precedent to beginning or continuing in any business in said city for which a license is required. Should any person engage or continue in any business, trade, profession, or calling, for which a specific tax or license is required by said city ordinance, and shall fail or refuse to pay the same on demand of the proper authority of the said city, shall be liable to prosecution in the police court of said city and may be fined in a sum double the amount of the tax or license fee required, or imprisoned in the common guard-house of said city not exceeding thirty days, in the discretion of the court. The provisions of this section shall apply to all persons whether natural or artificial. Section 32. Be it further enacted, that the mayor and council of said city shall have, the power and authority to make and establish by ordinance a fiscal year from which and to which all license shall date. Should any person apply for a license for any business in said city for which a license

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is required at any time after the fiscal year has begun, the mayor and council shall have authority to require from such person the same amount as required for license for a full year, and in no case shall the mayor and council be compelled to prorate the amount of license for a term less than a full year; provided, that no change in the fiscal year shall operate to the injury to any person who has once paid the amount of license required of him. Fiscal year. License tax not pro rated. Section 33. Be it further enacted, that said mayor and council shall have the power and authority to enforce by execution the collection of any debt or claim due to said city for taxes, license, rents, impounding fees, fines, and forfeitures, for laying sewers or drains, for cleaning and repairing privies, or for abating nuisances, and for any and all levies, assessments, debts, and demands due to said city. Said executions shall be issued by the clerk of said city and bear test in the name of the mayor against the property, person, corporation, or firm against which or upon whom any such debt or demand is owing; such execution to be directed to all and singular, the marshal, deputy marshal, and policemen of the City of Tifton, who are authorized to levy the same upon the property of the person against whom such execution shall have issued, and the same shall be sold by the marshal or his deputy at public outery, under the laws for the sheriff's sales, to the highest bidder, before the door of the council chamber, or at such other places as the mayor shall determine, notice of which place shall be stated in the advertisement of the sale of such property. If property so levied upon shall be personal property, it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of said sale; if the property levied upon is real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertisedm or in some other newspaper published in the City of Tifton, before selling the same. All sales as above provided shall be at

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public outcry to the highest bidder and for cash. Said marshal or his deputy making such sale shall execute title to the purchaser, and shall have the same power to place to place the purchaser in possession as the sheriffs of the State have. Executions for taxes, etc. Tax sales. Section 34. Be it further enacted, that when any execution shall be issued and levied as provided in the preceding section, claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas., or other fi. fas. issuing from the various courts of this State. Such claim or illegality to be returned to and heard in Tift superior court or the justice court of the 1314th district G. M., according as the jurisdiction thereof may be. Claim. Section 35. Be it further enacted, that the mayor and council of the City of Tifton shall elect, at their first or second meeting in each calendar year, three upright, discreet, and intelligent persons who shall be freeholders and residents of said city, as tax-assessors, who shall hold office for one year until their successors are elected and qualified. Said tax-assessors shall not be elected from among the members of the city council; and should any vacancies occur in said board of assessors, by death, resignation, removal, or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Before entering upon the duties of the office each assessor shall take and subscribe the following oath: I,do solemnly swear that I will faithfully perform the duties of tax-assessor of the City of Tifton, and will make a just and true valuation of all property therein subject to taxation, according to the fair market value thereof; so help me God. Tax assessors. Section 36. Be it further enacted, that the city tax-assessors may hear, during the progress of their investigation, such evidence as to the value of the property of said city as they deem advisable, and to this end may compel the attendance of witnesses or the production of documents as

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now provided by the laws of Georgia. If any person is dissatisfied with the valuation of his property as fixed by the assessors, he shall have the right of appeal to a board of arbitrators, and he may, within the days of receiving the notice of assessment, in case of resident of the cit ten, and in case of non-resident twenty days, give notice in writing to said board, demanding an arbitration, giving the name of his arbitrator, and the board of assessors shall name its arbitrator within three days thereafter, and the two arbitrators shall select a third arbitrator, and the decision of the said board of arbitrators shall be final. Said arbitrators shall be bona fide taxpayers and voters of the said City of Tifton (and any member of council may be selected by either party), and must render their decisions within ten days after the naming by the board of assessors of its arbitrators; also the decision of the board shall stand affirmed and shall be binding in the premises. Said arbitrators shall receive for their services the sum of two dollars per day while actually engaged in the discharge of their duties, which amount shall be taxed as costs against the party losing in the arbitration; and in the event of a compromise decision by said arbitrators, said cost shall be taxed one half () against each party. Assessment. Appeal from assessment. Section 37. Be it further enacted, that immediately after the report of tax-assessors filed with the clerk, it shall be the duty of the clerk to serve a written or printed notice on every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the assessors' action and specifying the property the valuation of which as been increased. Notice of increase of assessment. Section 38. Be it further enacted, that there shall be in the City of Tifton a court known as the police court of the City of Tifton, and the same shall have a seal and shall be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, and together with all others of which municipalities are allowed jurisdiction

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under the laws of the State of Georgia, whenever said offenses are committed within the limits of the corporate limits of said city, or within two miles of the said corporate limits, it being the intent of this charter to give said city as full and complete jurisdiction over said territory within two miles of the corporate limits of said city as though the offense had been committed within the said corporate limits of said city. The sessions of said police court shall be held by the mayor or by the recorder of said city, at such times and at such places in said city as in the judgment of either may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above-defined territory, and upon conviction may punish said offenders by a fine of not more than three hundred and fifty dollars, by confinement in the chain-gang of said city for a term of not more than six months, or by confinement in the guard-house or jail of said city for a term of not more than ninety days, either or all in the discretion of said police court. All persons convicted in said court may be hired to the county authorities of Tifty County for a like term as herein provided. Police court. Hire of convicted persons. Section 39. Be it further enacted, that in no case shall the marshal or any policeman of said city make any arrest of any person charged with the violation of any of the ordinances of said city, without first having procured from the city clerk, or other person authorized to issue the same, a warrant for the arrest of said offender, unless said offense is committed in the immediate presence of said officer and the offender is about to escape, in which event, he may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. Arrest. Section 40. Be it further enacted, that all trials in the police court of said city shall be held under and by virtue of an affidavit and warrant, which affidavit may be made by any person before the clerk of the city, and warrant issued by the presiding officer of said police court; said

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affidavit and warrant shall be in form prescribed for criminal affidavits and warrants in the Code of Georgia; upon aforesaid affidavit warrant shall issue as aforesaid and shall be directed To all and singular the marshal, deputy marshal, or any policeman of the City of Tifton. Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality in the affidavit or warrant, it shall be the duty of the court to order another drawn, and another, until it shall meet the requirements of the law. Warrant for arrest. Section 41. Be it further enacted, that said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise, to issue summonses for witnesses, books, and papers, in as full and complete manner as the justice court of this State may do; to punish as for contempt, failure to obey its legal summonses; to grant continuances under rules of law; and to take bond and recognizances for the appearances at its sessions, and to forfeit the same under the same rules and regulations as are now applicable in like procedure in superior courts of this State, and to do all other acts and things necessary for the proper enforcement of its authorities as a court of record; provided, that no fine for contempt shall exceed the sum of fifty dollars or imprisonment in the guard-house for more than thirty days. Contempts. Powers of police court. Section 42. Be it further enacted, that any person convicted in the police court of said city for the violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the superior court of Tift County, or he may have the right of appeal to the mayor and council of said city if said mayor and council shall see fit by ordinance to provide for such appeal; otherwise cortiorari as aforesaid shall be the only remedy. In carrying cases from the police court of said city to the superior court of said county by certiorari, the same rules shall be observed as are applicable in carrying criminal cases to the superior court of this State. Certiorari.

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Section 43. Be it further enacted, that the mayor and council of said City of Tifton may, whenever in their judgment they see fit, create the office of recorder for said city, and elect some upright and intelligent person, reasonably skilled in law, resident of said city, to perform the duties of that office, and fix his compensation therefor. Said recorder may be elected at any time that in the judgment of the mayor and council his services may be necessary, and he shall hold office for a term of one year or until the qualification of the mayor and council following the next city election, and until his successor has been elected and qualified. It shall be the duty of said recorder to prescribe in the police court in said city in all cases, except when providentially hindered, or when absent from the city, or when he may be disqualified, in which case the mayor or mayor pro tem. shall preside. Recorder. Section 44. Be it further enacted, that the mayor and council, mayor pro tem., or recorder of said city, shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of the justice of peace over all of the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of the said city's police jurisdiction, it shall be the duty of the mayor, mayor pro tem., or recorder, as the case may be, after investigation, to commit the offender or offenders to jail or to bail to answer to the court having jurisdiction of the offense. Commitment, bail. Section 45. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to provent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept if allowed kept, and shall have full power and authority to take up and impound any such animals and

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fowls and punish all owners of such fowls or animals who refuse to obey an ordinance passed by such mayor and council, carrying this authority into effect. Animals at large. Section 46. Be it further enacted, that in order to give effect to the foregoing section said mayor and council shall have authority to establish a pound, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound; to regulate the mode or manner of sale or disposition of impounded animals or fowls where no owner appears, or, where payment of impounding fees charged, penalties or costs is refused; to provide for the disposition of the proceeds of the sale of an impounded animal; and to provide for the punishment of all persons who without authority break or enter the pound. Impounding. Section 47. Be it further enacted, that said mayor and council shall have the authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violation of the same, necessary for the purpose of maintaining such board of health, and prescribing penalties for such violation; to prevent the spread of any infectious or contagious disease; also to pass and enforce an ordinance to compel the vaccination of all persons within the police jurisdiction of said city; also isolate any person or persons afflicted with any infectious or contagious disease by confining such person within the limits of the premises provided by the mayor and council, either within or without the corporate limits of said city; to isolate any person or persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such disease, by confining such person or persons during such period within premises provided by the mayor and council, either within or without the corporate limits of the city; provided, that no person shall be so isolated who

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is able and willing to pay the hire of proper persons to be selected by mayor and council to guard the premises in which they are, so as to prevent ingress and egress to and from such premises during the time which there is probability of the spread of any infectious or contagious disease from such person or persons. Board of health; powers. Section 48. Be it further enacted, that said mayor and council shall have exclusive jurisdiction over all cemeteries belonging to said city. They may elect such employees to superintend and care for the same as they may deem proper. They may make such appropriations out of the city treasury as to them may seem proper for the care and supervisions of same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate and charge for grave-digging, hearse fees, and any and everything pertaining to the care and operation of such cemetery. They may charge such fees for burial as to them may seem proper, and enforce the collection of such fees as provided under section 34 of this Act; and this provision shall relate to cemeteries located either within or without the corporate limits of said city. Cemeteries. Section 49. Be it further enacted, that said mayor and council shall have the right to exercise supervisions over all buildings within the corporate limits of said city; and whenever in their judgment any structure or building is dangerous to life or health of citizens, on proper case made in terms of the laws of the State of Georgia they shall have the right to condemn such buildings as a nuisance and call on the owner or tenants in possession to immediately abate same; and in the event said owner or tenant in possession fails or refuses to abate such nuisance in a reasonable time, such time to be determined by the mayor and council, then said mayor and council may cause the same to be done, and issue execution against said premises for the cost of abating such nuisance. Said mayor and council may likewise pass

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and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Buildings, nuisances. Section 50. Be it further enacted, that the mayor and council of said city shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, alleys, or lanes, of said city, and shall have the power to lay off, vacate, close up, open, curb or pave the roads, streets, bridges, alleys, sidewalks, cross-walks, drains, walks, drains or gutters, for the use of the public or the use of any citizen of said city, to grant rights of way to railroads, streets, bridges, alleys, sidewalks, crosswalks, drains, or gutters for the use of the public, or the use of laying wires or lines throughout the streets and alleys of said city, upon such terms and conditions and restrictions as said mayor and council may prescribe. Whenever said mayor and council, in the exercise of the authority herein conferred to open, lay out, straighten, or otherwise change the streets or alleys of said city, shall find it necessary to take private property for such purpose, and cannot agree with the owners thereof, they may take such private property upon the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use, as contained in article one, chapter nine, of the Code of Georgia, 1910, beginning with section 5206 and embracing all sections following the same, having references to the condemnation of private property for public uses. Powers as to streets. Section 51. Be it further enacted, that said mayor and council shall have the power and authority, upon recommendation of the board of health, to cause the owner of lots or parcels of lands in the city to drain the same or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of water or filled up if necessary; and in case the owner of such parcels or lots of land

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or cellars shall fail or refuse, after reasonable notice (such notice to be judged by the mayor and council) to him or his agent, to comply with the requirements of the mayor or council, it shall be lawful for said mayor and council to employ proper persons to perform such services; and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal or his deputy shall pass the title to said property as completely to the purchaser as a sale under judgment and execution from the superior courts of this State. Drainage. Section 52. Be it further enacted, that said mayor and council shall have the authority and power to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious diseases of said city. Quarantine. Section 53. Be it further enacted, that said mayor and council shall have the power and authority to compel the owners of property, their tenants or lessees, to grade, pave, and otherwise to keep in good order and condition, as said mayor and council may direct, the sidewalks in front and abutting on their property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section, to any designated part of the city or any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city, and the expense attending the same collected by execution against said owner or against said property. Sidewalks. Section 54. Be it further enacted, that said mayor and council shall have the power and authority to create and establish a fire department in said city, provide for the pay

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and equipment thereof, purchase any necessary apparatus, and make all needful regulations for its proper maintenance. Fire department. Section 55. Be it further enacted, that said mayor and council shall have power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such fire district, and may punish, in their discretion, any person violating the provisions of their ordinances in this behalf. Whenever it shall appear that any building, shed, or structure of any sort is being erected within said fire district contrary to the ordinances covering such subject, the mayor and council shall have authority to summarily direct the owner of such structure to immediately tear down and remove the same or to so change the material as to make it comply with the ordinances for such cases provided. Should said owner fail or refuse to comply with such order, they may summarily have same removed, and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structures, and so refusing to comply with the order of the mayor and council, may likewise be punished as for a misdemeanor under the ordinances of the city. Fire limits. Section 56. Be it further enacted, that said mayor or council shall have the power and authority to provide for the erection and maintenance in said city of gas works, electric-light works, and waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys, and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric-light, and waterworks plants for the furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may deem proper. They may make such regulations and pass such ordinances

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as they may deem necessary for the protection of the owners of such works, and shall have exclusive jurisdiction over them. Whenever said mayor and council shall contract for water and lights for the use of said city, they may by ordinance limit the rates to individual consumers. They may regulate the operation of light or waterworks and impose upon their owners such duties, obligations, and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and the municipal government. Public utilities. Section 57. Be it further enacted, that said mayor and council shall, in the exercise of their police powers, have power and authority to pass all ordinances they may think necessary to more effectively prevent the illegal sale of intoxicating liquors within the police jurisdiction of said City of Tifton, and to that end may provide ordinances punishing any persons keeping in said police jurisdiction any intoxicating liquors for the purpose of selling same; and likewise ordinances providing for the punishment of any person or persons purchasing liquors from persons who are selling the same illegally. The marshal or any policeman of said city shall have full power and authority to enter, and, if necessary, to break open and enter any place within the police jurisdiction under the proper search warrant, which may be issued upon the affidavit of any person that he has reasonable cause to believe there is a blind tiger, or place where intoxicating liquors are being kept for the purpose of illegal sale, and to seize and hold as evidence all intoxicating liquors found therein. And after such liquors so seized have answered the purpose of evidence, they may on order of the mayor, recorder or other officer trying such offender, in addition to the other penalties provided for, be destroyed. Sale of liquors. Section 58. Be it further enacted, that should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever

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he may be found in this State, and the warrant of the mayor, mayor pro tem., or recorder of said city shall be sufficient authority for his return and trial upon the charge resting against him; and should any person, after trial and conviction of a violation of an ordinance of said city, escape, he may be apprehended wherever found in this State, and the warrant of the mayor, mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return; and all persons escaping from the custody of the city may again be tried for such escape, and punishment not exceeding penalties hereinbefore provided. Fugitives. Section 59. Be it further enacted, that said mayor and council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy or water-closet accommodations upon such premises, to be located at such places on said premises as said mayor and council shall by ordinance prescribe. Privies, water-closets. Section 60. Be it further enacted, that said mayor and council shall have the power and authority by resolution or ordinances to provide suitable regulations on the subject of drainage, sewerage, and plumbing, and all and everthing else that may be necessary for the improving of the sanitary condition of said city. Said mayor and council are authorized to lay down sewers through private property in said city; provided, however, that before so doing they regularly condemn such private property by the method hereinbefore laid down for the taking of private property by the said city. Sewers; plumbing, regulation of. Section 61. Be it further enacted, that said mayor and council shall have the power and authority to issue bonds of said city in such sums and at such times as they shall see proper within the limits provided by the constitution and laws of this State, and of such denominations and in such amounts as they see fit; such bonds not to bear interest in

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excess of 5 per cent. per annum, and not to run for a period of longer than thirty (30) years from the date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the mayor and council. Said bonds to be issued, hypotheticated, and sold for the purpose of establishing, maintaining, extending, and operating a system of waterworks, a system of sanitary sewerage, a crematory, a system of street-lighting, either gas or electricity, or both, a system of public schools, paving or macadamizing streets, erection of necessary public buildings, an adequate fire department, and drainage. Said bonds shall be signed by the mayor of the City of Tifton, and shall be negotiated in such manner and countersigned by the clerk under the corporate seal of the mayor and council may determine to be for the best interest of the city; provided, however, that said bonds shall not be issued for any of the above said purposes until the same shall have been submitted to the qualified voters of said city at an election held for that purpose under and in conformity with the general laws of this State embodied in Chapter 3, Article 1, and sections 440, 441, 442, and 443 of the Code. Bond issues. Section 62. Be it further enacted, that the mayor and council shall have the power and authority to levy and collect annually, in addition to that already provided for in this charter, a tax not exceeding one half of one per cent. on all the taxable property of said city, for the purposes of establishing and maintaining a system of public schools in said city, said fund not to be used for any other purpose. School tax. Section 63. Be it further enacted, that in the event a vacancy should occur in the mayor's office of said city, the the mayor pro tem. shall act as mayor until January 1st following such vacancy, and that on the first Wednesday in December at the next regular election held in said city a mayor shall be elected to fill out the unexpired term of said mayor; provided, however, that should said term extend beyond January 1st following such vacancy. And that

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should there occur a vacancy in the council of said city or members of board of trustees of the city schools of the City of Tifton, the mayor and council shall appoint someone from the ward in which said vacancy occurred, who shall serve until January 1st, following said vacancy; and that at the regular election held on the first Wednesday in December, there shall be a person elected to fill out the unexpired term caused by such vacancy, provided however said term extends beyond January 1st next following said vacancy. Vacancy in mayor's office. Section 64. Be it further enacted, that said board of education provided for in this charter shall have power to design and adopt a system of public schools for said city; to appoint or elect a superintendent and elect teachers for same; to suspend or remove such superintendent or teachers; to fix the compensation of teachers and superintendent; to provide schoolhouses by rent, building, purchase, or otherwise, but the title to all school property shall be and remain in the City of Tifton; to make rules and regulations for the government of themselves and said schools as thev may see proper and not in conflict with the laws of the State. No white child shall be admitted into any school established by said board for colored children, and no colored child shall be admitted into any school established for white children. All children who are entitled to the benefits of public schools under the laws of this State, and whose parents, guardians, or neutral protectors bona fide reside within the corporate limits of said city, shall be admitted in said schools upon the payment of such incidental fee only as said board may deem necessary. Children of non-residents, and such others as may be entitled to the benefits of these schools, shall be admitted upon such terms as may be prescribed by said board of education, not in conflict with the laws of this State. It shall be the duty of said board of education to have prepared and to furnish the State School Commissioner, by the

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first day of December of each year, a list or census of pupils residing in said city entitled to the school funds, in which shall be included those pupils residing outside of the City of Tifton, but who attend the city schools. And it shall be the duty of the State School Commissioner to pay to the clerk and treasurer of Tifton such portions of the public-school fund as its number of pupils, as above defined, entitles it to. School system. Section 65. Be it further enacted, that the board of education of said city shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for ensuing year, and shall lay the same before the mayor and council, who shall be required to levy and collect the same, and the amount so levied and collected shall be used for no other purpose, and shall be paid out only on the order of the board of education. School tax. Section 66. Be it further enacted, that the educational authorities of Tift County shall not grant any license to nor contract with any person or persons to teach any school of any character in said city, nor shall any of the State school fund be paid to any school in said city, other than the public school contemplated by this act. Prohibited license or pay for teaching. Section 67. Be it further enacted, that the mayor and council of said city shall have power and authority to grade, pave, macadamize, or otherwise improve the drainage and condition of the streets, sidewalks, squares, public roads, or lanes and alleys in said city. In order to carry into effect the above, the said mayor and council shall have the power and authority to assess not more than two thirds of the cost of paying or otherwise improving the streets and sidewalks, including two thirds of the cost of curbing necessary, on the real estate abutting on such streets or sidewalks. Said mayor and council shall have power and authority to assess one third of the cost of the grading, paving, or macadamizing, constructing side-drains, crossings, or otherwise improving

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the roadway or street proper, on the real estate abutting on one side of the street improved, and one third on the real estate abutting on the other side of the street improved. The real estate abutting on the street shall pay not more than two thirds of the entire cost, in the discretion of the mayor and council, and any street-railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave or macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessment against all real estate for above purposes, as to them may seem just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved, or according to area or value of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by executions issued by the city clerk against the real estate improved and assessed, for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman of said city on such real estate; and after advertising and other proceeding as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in purchaser. Said city marshal, or policeman acting for him, shall have authority to eject occupants and put purchasers in possession; provided, the owner of said real estate shall have the right to file his affidavit denying

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the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount, together with all cost, shall be paid before the affidavit shall be received; and the affidavit shall be returned to the superior court of Tift County, and there tried and the issue determined as in cases of illegality, subject to penalties provided as in case of illegality filed for delay only. The mayor and council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad or street-railroad company or other property-holder occupant of the street the option of having the space to be paved by themselves, or by contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property and on street-railroad and other railroad companies, for street or sidewalks paving, curbing, macadamizing, grading, or draining, shall have rank and priority of payment next in point of dignity of liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. Said mayor and council shall have power and authority to prescribe by ordinance such rules as they may in their discretion think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks, and alleys of said city, and to collect the cost thereof by execution against the adjacent property, owner, and railroad companies, or other occupants of the streets or alleys of said city. Street improvements. Assessments for paving, etc. Lien of assessment. Execution for assessment; sale. Affidavit of illegality. Paving. Lien for assessment. Section 68. Be it further enacted, that said mayor and council shall have full power and authority to acquire, on behalf of the City of Tifton, by gift, purchase, or otherwise, grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep the same, and to that end may appoint such officers and employees as in their judgment may be necessary, and compensate them therefor. They shall have the

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right to draw on the ordinary expense fund of said city for said purpose, or upon any other fund not otherwise appropriated according to law. Parks. Section 69. Be it further enacted, that said mayor and council shall have power and authority, whenever in their judgment they see fit, to secure for said city one or more deep wells in said city for the purpose of supplying the city with a plentiful supply of good, wholesome water; and to this end they may contract with such party or parties as they may see fit. For the said purpose they may draw on the ordinary fund of the city, or upon any other fund not otherwise appropriated according to law. Wells. Section 70. Be it further enacted, that should the mayor and council determine, in accordance with provision hereinbefore made, to issue bonds for the purposes hereinbefore set out, then they shall have the power and authority, in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax, not to exceed one per centum per annum, sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run; and it shall be the duty of the said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay same. Bond issue. Section 71. Be it further enacted, that from and after the passage of this Act the city commissioners of the City of Tifton shall call an election to be held in said city within ten days after the passage of this Act, at which election there shall be referred to the qualified voters of said city as to whether or not this act shall be adopted by the City of Tifton; and that there shall be prepared tickets and furnished to the polls in said election as follows: For Ratification of New Charter for the City of Tifton, Against Ratification of New Charter for the City of Tifton. And

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if the majority of the qualified registered voters of said City of Tifton, as shown by the lists used at last general election, should vote for ratification of the new charter of the City of Tifton, then this charter shall become operative and effective for said city. And unless a majority of the qualified registered voters of the City of Tifton, as shown by the list used at the last general election, should vote for the new charter of the City of Tifton, then this charter and act shall not become effective for said City of Tifton. In case of a tie, then another election for the same purpose shall be called in the same manner, to be held within ten days, at which time the question shall be again voted upon to determine the question as above described. Referendum. Section 72. Be it further enacted, that all laws and parts of laws in conflict with this act be and the same are hereby repealed, provided this act is ratified as provided herein. Approved March 24, 1933. WILLACOOCHEE CHARTER AMENDMENTS. No. 357. An Act to amend an Act approved August 15th, 1904, entitled An Act to create a new charter for the Town of Willacoochee in the County of Coffee, and to consolidate and declare the rights and powers of said corporation; to authorize and empower the mayor and aldermen of said town to purchase or build, establish, maintain, and operate a system of public schools, waterworks, electric lights, and sewerage for the Town of Willacoochee; to hold an election on a day specified, as now provided by law, to determine the question of creating a debt against said town by the issuance of bonds and the establishment of a public-school system for said town; to provide for the assessment and collection of an annual tax on the property in said town for the purpose of paying the

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principal and interest on said bonds; to confer additional power upon the mayor and aldermen of said Town of Willacoochee; and for other purposes, and the acts amendatory thereto, so as to authorize the mayor and aldermen, of the Town of Willacoochee to organize and establish a town chain-gang in said town and to pass such rules, regulations, and ordinances as to effectually maintain, control, and manage said chain-gang; and so as to authorize the said mayor and board of aldermen by proper resolutions or ordinances to delegate all of the powers heretofore conferred upon the marshal of said Town of Willacoochee, with respect to the levy of any and all tax fi. fas., the sale of property thereunder, and the execution or conveyance therefor, or with respect to any other feature connected with the collection of said fi. fas., by levy and sale, to some officer other than the marshal of said town; and to prescribe the qualifications for such tax-collector, and for other purposes. Section 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 21 of said Act as appears on page 713, Georgia Laws, 1904, be amended by adding a new paragraph thereto, as follows: Section 21 (a). Be it further enacted by the authority aforesaid, that the mayor and board of aldermen of the Town of Willacoochee shall have full power and authority to organize and establish a town chain-gang in said town, in which chain-gang all parties convicted of a violation of any ordinance of said town, and who shall fail to pay the fines assessed against him, shall be required to work for such time as in the judgment of said mayor and board of aldermen may seem proper, not in conflict with the town charter, and said mayor and aldermen are hereby vested with power and authority to pass such rules, regulations, and ordinances as will effectually maintain, control, and manage said chain-gang. Chain-gang. Section 2. Be it further enacted by the authority aforesaid,

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that Section 22 of said Act as appears on pages 713 and 714, Georgia Laws, 1904, be amended by adding thereto a new paragraph, as follows: Section 22 (a). Provided, however, that the mayor and board of aldermen of said Town of Willacoochee shall have authority by proper resolution or ordinances to delegate all powers hereinbefore conferred upon the marshal of said town with respect to the levy of tax fi. fas., the sale of property thereunder, and execution of conveyances therefor, or with respect to any other feature connected with the handling or collection of said tax fi. fas. by levy and sale or otherwise, to such other officer as they may see fit so to do; and they may prescribe such rules and qualifications for said officer as they may deem just and proper; provided, that in all cases, whether the said tax fi. fas. be handled by the town marshal or such other officer as hereinbefore provided for, such officer shall be required to give good and sufficient bond for the faithful performance of his duties, the same to be approved by the said mayor and board of aldermen. Marshal's powers. Bond. Section 3. Be it further enacted by authority of the aforesaid, that this Act shall become effective from and after the passage and approval of the same. Section 4. Be it further enacted by authority of the aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1933. WRIGHTSVILLE CHARTER AMENDMENTS. No. 236. An Act to amend the charter of the City of Wrightsville in the County of Johnson, approved August 18, 1923, so that when so amended all elections in and for said city shall be held at the city hall, and changing the time for holding the election for mayor and council from the

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first Tuesday in December to the first Tuesday in November; to provide for the mayor and council to take office the first Wednesday night in December after their election; to provide for the city marshal to sell property levied on under city tax fi. fas.; to provide for the appointment of an official organ 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 same, that from and after the passage of this Act, the Act approved August 18, 1923, is hereby amended as follows: By striking Section 3 of said Act and inserting the following as Section 3: Be it further enacted by the authority aforesaid, that the officers of said City of Wrightsville shall comprise the mayor and six councilmen; the mayor to hold office for the term of one (1) year and until his successor is elected and qualified, the councilmen to hold their office for the term of two (2) years and until their successors are elected and qualified; provided, however, that at the first election held in and for said city hereafter, there shall be three (3) councilmen elected for the term of two (2) years from the first Wednesday night in December, 1933, and the remaining three councilmen shall hold their office for which they have already been elected until the first Wednesday night in December, 1934; so that there shall be elected a mayor and three (3) councilmen each year. Mayor councilmen; election, terms. Section 2. Be it further enacted by the authority aforesaid, that said Act be amended as follows: By striking Section 4 of said Act and inserting in lieu thereof the following as Section 4: Be it further enacted by the authority aforesaid, that an election shall be held at the city hall in the City of Wrightsville on the first Tuesday of November next, and annually thereafter, for a mayor and three councilmen, the mayor to hold office for one year and until his successor is elected and qualified, and the councilmen for a term of two (2) years and until their successors are elected and

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qualified; it being the purpose of this Act to provide a mayor and six (6) councilmen, the mayor to hold office for one (1) year, and the councilmen for two (2) years; that said election shall be open at 8:00 a. m., and close at 4:00 o'clock p. m., same to be held under the superintendence of a justice of the peace and two freeholders in said city, or by three freeholders in said city, under the form, rules, and regulations prescribed by law for the election of members of the General Assembly of said State, in so far as they are applicable to such election and do not conflict with the rules herein prescribed. Section 3. Be it further enacted by the authority aforesaid, that said Act be amended as follows: By striking Section twenty-five of said Act, and inserting in lieu thereof the following as Section 25: Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to assess, levy, and collect taxes not exceeding one and one fourth (1) per cent. on the assessed value ad valorem of all property of every species, both real and personal, within the limits of said city, except church, school, and fraternal organizations property, at its market value on such date as the mayor and council may provide in each year; and also to levy and collect such special tax on trades, business, occupations, theatricals, exhibitions, or other performances exercised or carried on within the corporate limits of said city, including circuses, shows of all kinds, itinerant traders, peddlers, auctioneers, and all other trade, games, or occupations subject to special tax under the State law, as they may deem proper. They shall also have the power to tax, license, and regulate ten-pin alleys, billiards and pool-tables, or to prohibit or remove the same for sufficient cause as they may deem necessary. For the purpose of enforcing the payment or collection of the taxes above enumerated, the mayor and council may prescribe such rules and regulations, and impose such penalty for a violation of the same, as they may deem necessary,

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not inconsistent with the Constitution and laws of the State; and the mayor of said city is hereby vested with authority to issue executions for such fines or taxes as may become collectible in favor of said city and the marshal may proceed to collect the same by levy and sale; in case of levy upon personal property after ten days advertisement at the city hall in said city, and in case of levy on real estate after 30 days notice by publication in the newspaper of said county designated by the mayor and council as the official organ of said city. Said sale to be at the city hall on the first Monday of each month. Taxes; limit of rate. Levy, sale. Section 4. Be it further enacted by the authority aforesaid, that the first Monday of each month is hereby designated as legal sale day in and for said City of Wrightsville. Sale day. Section 5. Be it further enacted by the authority aforesaid, that said mayor and council shall have the power and authority to designate some newspaper published in the County of Johnson, as the official organ of said city. Official organ. Section 6. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1933.

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PART IV.RESOLUTIONS.

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Automobile-License Tags; Extension. Automobile-License Tags; Rebate. Bicentennial Commission; Address and Wreath. Bicentennial Commission; Memorial Tablet. Constitution of U. S. Amendment Ratified. General Assembly; Reconvening Date. George Washington Highway. Georgia Code to Fulton County J. P. Georgia Codes to Habersham County Justices. Georgia Codes and Form Book to Irwin County Justices. Georgia Law Books to Atlanta Municipal Court. Georgia Reports to Blue Ridge Judge. Georgia Reports to Brantley County. Georgia Reports, etc. to Coweta Judge. Georgia Reports, etc. to Dade County. Georgia Reports, etc. to Greene County. Georgia Reports, etc. to Hall County. Georgia Reports, etc. to Jenkins County. Georgia Reports, etc. to Rockdale County. Governor of Mississippi, Appreciation of Address by, etc. Highway Route 31, Paving of. Inauguration of President; Expense. Purchases for State Institutions. Sales-Tax System; Addresses Invited. Sureties Brooks and O'Halloran; Reimbursement. Sureties Burke and Parrish Relieved. Surety Coker; Reimbursement. Surety Deck; Reimbursement. Surety Dunson Relieved. Sureties Garner and Jordan, Reimbursement. Surety Lucile McD. Green; Execution Suspended. Surety Sam Green Relieved. Surety O'Halloran Relieved. Surety Williams Relieved. Text-Book Commission Investigation. Text-Book Contract Annulment. Upson County Unrecorded Instruments. AUTOMOBILE LICENSE-TAGS; EXTENSION. No. 3. A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring, that in view of pending legislation for

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the reduction and fixing of the price of automobile tags, and in view of the State-wide interest in the proposed legislation, and, in view of the fact that the Governor has announced that automobile owners do not buy automobile tags until said legislation has been acted upon by the General Assembly: The State Revenue Commission be and hereby is authorized to extend the time of purchasing automobile tags from February 1st to March 1, 1933, without penalty. Time extended to March 1. Approved January 31, 1933. AUTOMOBILE LICENSE-TAGS; REBATE. No. 11. A RESOLUTION. Whereas automobile dealers throughout the State of Georgia have been and are being handicapped in their business by not being able to complete the sale and delivery of automobiles, because of the prospective purchasers being unable to avail themselves of license-tags for the operation of automobiles; and whereas a host of automobile owners over the State by necessity are compelled to use their respective motor-vehicles in other States, whereby they are handicapped by not being able to purchase tags for their cars; and whereas there is no provision for any refund should such motor-vehicle owner purchase a tag under the present and existing law in the event of change in said law: Therefore be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that the date set for the final purchase of automobile tags be and the same is hereby fixed as was formerly provided in a joint resolution of the General Assembly of Georgia, viz., March 1st, 1933, but in no event shall any penalty for failure to purchase automobile tags be invoked or enforced before

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April 1st, 1933, by any officer whose duty it is to administer the regulatory acts now in force pertaining to the purchase of such tags; and Penalty not enforcible before April 1. Be it further resolved that any owner of any motor-vehicle who purchases an automobile license tag under the present provisions of law shall be entitled, and is hereby granted the unqualified right, to a refund or rebate in such sum as might be the difference between the present rate of charge for a tag and such rate or charge that might be fixed by the present General Assembly of Georgia for tags of that particular class; and Rebate on tags. Be it further resolved that the State Revenue Department, acting by and through the Motor-Vehicle Division shall, and that department is hereby directed, to issue certificates with each tag sold providing for a refund or rebate in the event of change in the existing law; and upon presentation of such certificate by the purchaser or purchasers of tags it shall be the duty of said division of the said revenue department to make such rebate or refund as shall be the difference between any new rate of charge that might be made affecting such class of tag and the present rate which is fixed by the existing law which was of force in this State on the first day of January, 1933. Approved February 28, 1933. BICENTENNIAL COMMISSION; MEMORIAL TABLET. No. 17. A RESOLUTION. To permit the Georgia Bicentennial Commission, at their own expense, to place on the wall of a corridor in the State Capitol an ornamental tablet in commemoration of the 200th anniversary celebration of the Georgia Colony.

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Resolved by the Senate and the House of Representatives of the Georgia Legislature, that permission is hereby given to the Georgia Bicentennial Commission to place on the wall of a corridor in the State Capitol in Atlanta an ornamental bronze, marble or granite tablet in commemoration of the 200th anniversary celebration of the founding of the Georgia Colony, and that it will contain the names of Franklin Delano Roosevelt, President of the Honorary Committee of the Georgia Bicentennial Commission; former Governor Richard B. Russell, Jr., who signed the resolution creating the Bicentennial Commission; and the names of the members of the original Bicentennial Commission; Eugene Talmadge, Governor of Georgia and Honorary President of the Commission; Hamilton McWhorter, President of the Senate, and Ed Rivers, Speaker of the House, Vice-Presidents of the Honorary Committee, and the names of the Patrons Committee of the Bicentennial Commission, through whose generosity the work of the Commission has largely been made possible. The location, design, and size to meet with the approval of the Historical Research Committee of the Legislature. The tablet to be provided and placed without cost to the State or to the Georgia Bicentennial Commission by a member of the Executive Committee of the Commission. Tablet on wall of Capitol. Names on tablet. No cost to State or commission. All laws and parts of laws in conflict with this Act to be and the same are hereby repealed. Approved March 17, 1933. BICENTENNIAL COMMISSION; ADDRESS AND WREATH. No. 4. A RESOLUTION. Whereas Sunday, February 12th, marks the 200th anniversary of the founding of the Colony of Georgia; and

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whereas the Governor of Georgia, pursuant to a resolution passed by the last General Assembly, appointed a committee to provide a proper celebration for the Bicentennial of the State of Georgia; and whereas such commission has been duly appointed and is functioning, and has prepared a program for the proper observance of the 200 years of Georgia's history: Therefore be it resolved by the General Assembly of Georgia, that an invitation be extended to Dr. Willis A. Sutton, Chairman of the Executive Committee of the Bicentennial of Georgia, to address a joint meeting of the House and Senate on Monday, February 13th, at 12:30 o'clock, outlining to the General Assembly the plans for the Bicentennial. Address. Resolved further, that the General Assembly of Georgia hereby authorize the Governor to communicate through the florists of America and provide for the placing of a wreath on the tomb of James Edward Oglethorpe, the founder of the colony, who rests in Cranham Church, Essex County, England; and that such wreath be placed on this tomb on Sunday, February 12th, the anniversary of the founding of the Colony of Georgia. Wreath for tomb. Approved February 9, 1933. CONSTITUTION OF U. S. AMENDMENT RATIFIED. No. 2. A JOINT RESOLUTION of the General Assembly of the State of Georgia, ratifying and approving the proposed amendment to the Constitution of the United States, relative to fixing the commencement of the terms of the President, Vice-President, and Members of Congress, and fixing the time of the assembling of Congress.

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Whereas, the Congress of the United States has, under the Sixth (6th) Article of the Constitution of the United States, proposed an amendment to the Constitution in the following words, to wit: Joint Resolution proposing an Amendment to the Constitution of the United States: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two thirds of each House concurring therein), that the following Amendment to the Constitution be and hereby is proposed to the States, to become valid as a part of said Constitution when ratified by the Legislatures of the several States, as provided in the Constitution: Section 1. The terms of the President and Vice-President shall end at noon on the 20th day of January, and the term of Senators and Representatives at noon on the third day of January of the years in which such terms would have ended if this Article had not been ratified; and the terms of their successors shall then begin. Terms of President, etc. Date of termination. Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the third day of January, unless they shall, by law, appoint a different day. Time of meeting of Congress. Section 3. If, at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice-President-elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice-President-elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President-elect nor a Vice-President-elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such persons shall act accordingly until a President or Vice-President shall have qualified. Succession on death of President, etc.

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Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives choose a President whenever the right of choice shall have developed upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice-President whenever the right of choice shall have developed upon them. Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this Article. Section 6. This Article shall be inoperative unless it shall have been retified as an amendment to the Constitution by the legislatures of three fourths of the several States within seven years from the date of its submission. Therefore be it resolved by the Senate and the House of Representatives of the State of Georgia, in General Assembly met, that the said amendment of the Constitution of the United States be and the same is hereby ratified and adopted. Be it further resolved, that a certified copy of the foregoing preamble and resolution be forwarded by his Excellency the Governor to the Secretary of State of the United States, to the Presiding Officer of the United States Senate, and to the Speaker of the House of Representatives of the United States. Approved January 23, 1933. GENERAL ASSEMBLY; RECONVENING DATE. No. 1. A RESOLUTION. Be it resolved by the House, the Senate concurring, that, after the adjournment of the present ten-day session, the General Assembly of Georgia reconvene in regular session at ten o'clock, a. m., on the 19th day of January, 1933. Session to begin Jan. 19, 1933. Approved January 17, 1933.

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GEORGE WASHINGTON HIGHWAY. No. 28. A RESOLUTION. To designate and name the George Washington Highway. Whereas George Washington once journeyed from Savannah to Augusta, spending a night in Waynesboro; and whereas it is most appropriate and fitting that the route of said journey be suitably commemorated and designated: Preamble. Therefore be it resolved by the General Assembly of Georgia, that the State-maintained highway from Savannah to Sylvania, over State Highway Route 21; from Sylvania to Waynesboro, over State Route 24, and from Waynesboro to Augusta over State Route 21, be hereby designated and named the George Washington Highway. Route of highway. Approved March 24, 1933. GEORGIA CODE TO FULTON J. P. No. 33. A RESOLUTION. Be it resolved by the Senate, the House of Representatives concurring, that the State Librarian be authorized to deliver a Code of Georgia for the year 1910 to Mr. J. M. Dodd, Justice of the Peace for the 1227th District G. M., Fulton County, Georgia, to be used by him while in office, and to be delivered to his successor in office. Code for J. P. and successor. Approved March 24, 1933.

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GEORGIA CODE TO HABERSHAM COUNTY JUSTICES. No. 37. A RESOLUTION. Whereas several of the Georgia Codes of 1910, both civil and penal, heretofore furnished to the justices of the peace of Habersham County, have been lost and in some instances destroyed by fire: Therefore be it resolved by the General Assembly of Georgia, that the State Librarian be and she is hereby authorized and directed to immediately furnish to the Ordinary of said County 3 Georgia Codes of 1910, for the use of the Justices of the Peace of Habersham County. Preamble. Codes. Approved March 24, 1933. GEORGIA CODE AND FORM BOOK TO IRWIN COUNTY JUSTICES. No. 36. A RESOLUTION. Whereas because of loss by fires at different times and places in Irwin County within the past several years, the 1910 Georgia Codes and official form-books supplied to the Justices of the Peace in four (4) militia districts have been destroyed; and whereas the said Justices of the Peace in said four (4) militia districts are now without a set of the said 1910 Georgia Code and form-books, therefore Be it resolved by the General Assembly of Georgia that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the Ordinary of Irwin County, to be by him delivered to the proper Justices of the Peace, four (4) complete Georgia Codes, 1910, Civil and Criminal,

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and four (4) official form-books, without cost, for use of the said Justices of the Peace of said Irwin County. Preamble. Books to be furnished. Approved March 24, 1933. GEORGIA LAW BOOKS TO ATLANTA MUNICIPAL COURT. No. 26. A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring, that the State Librarian be and she is hereby directed to furnish to the Municipal Court of Atlanta, DeKalb Section, a set of Reports of the Supreme Court of Georgia and the Court of Appeals, one set of Park's Code, together with form-book, if any she has; provided, if all of said books are not on hand and cannot be furnished, that said librarian shall furnish to said municipal court such of the books above specified as are available and can be furnished from and by the Library of the State. Books to be furnished. Approved March 23, 1933. GEORGIA REPORTS TO BLUE RIDGE JUDGE. No. 16. A RESOLUTION. Directing the State Librarian to furnish to the Judge of the Superior Courts of the Blue Ridge Circuit, for his official use, certain volumes of the reports of the Supreme Court of Georgia, certain volumes of the Court of Appeals of Georgia Reports, and certain volumes of Park's Annotated Code. Be it resolved by the General Assembly of Georgia, that the State Librarian be and said official is hereby authorized

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empowered and instructed to furnish to the Judge of the Superior Courts of the Blue Ridge Circuit, for his official use, the following volumes of the Supreme Court Reports, Court of Appeals Reports, and Park's Annotated Code, which have become lost or destroyed from the sets formerly furnished to that official, to wit: volumes 62, 70, 75, 107, 132, 137, 141, 147, 166, 167, and 170 of the Reports of the Supreme Court of Georgia; volumes 14 and 24 of the Reports of the Court of Appeals of Georgia; volumes 8 and 9 of Park's Annotated Code of Georgia. All of said volumes to be for the official use of said Judge of the Superior Court of the Blue Ridge Circuit. Books to be furnished. Approved March 17, 1933. GEORGIA REPORTS TO BRANTLEY COUNTY. No. 13. A RESOLUTION. Whereas the County of Brantley was created and began to function January 1st, 1921, and for some reason the following books, to wit, Georgia Reports volumes 52, 82, 101, 139, 140, and 141, and Court of Appeals Reports 2, 10, 13, 14, 15, and 16, were never furnished the Clerk of the Superior Court of Brantley County, Georgia: Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian be and she is hereby directed to furnish to the Clerk of the Superior Court of Brantley County, Georgia, the following books, to wit: Georgia Reports volumes, 52, 82, 101, 139, 140, and 141; Court of Appeals Reports volumes 2, 10, 13, 14, 15, and 16. Preamble. Reports to be furnished to clerk. Approved March 2, 1933.

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GEORGIA REPORTS, ETC., TO COWETA JUDGE. No. 15. A RESOLUTION. Whereas the Honorable Lee B. Wyatt has recently been elected Judge of the Superior Court of the Coweta Circuit, and resides in the County of Troup and City of LaGrange; and whereas this is the first judge that has been elected in this circuit that lived in LaGrange for over fifty years; and whereas the Judge of the Superior Court has established his office in the court-house in the City of LaGrange; and whereas all the lawyers of the Coweta Judicial Circuit will hold all their preliminary hearings that come up during court vacation at LaGrange; and whereas the Judge of the Superior Court of this circuit is without a library sufficient to meet the demands and needs of the lawyers of this circuit, same having not been furnished by the county commissioners of Troup County: Be it resolved by the General Assembly of Georgia, that the State Librarian be and is hereby authorized and directed to furnish to the Judge of the Superior Court of Coweta Circuit, at LaGrange, Georgia, all the reports of the Supreme Court of Georgia and of the Court of Appeals, together with an official Code of the State laws; and that upon the issuance of each subsequent volume of the said reports (Supreme Court and Court of Appeals Reports), together with the Acts of Legislature, to be published be forwarded by the State Librarian to the said Judge of the Coweta Circuit, to be used by said Judge of the Coweta Circuit so long as he resides in LaGrange, Georgia, and is Judge of the Coweta Circuit thereof. Preamble. Code and reports for judge. Approved March 10, 1933.

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GEORGIA REPORTS, ETC., TO DADE COUNTY. No. 20. A RESOLUTION. Whereas the office of the Clerk of the Superior Court and the office of the Ordinary of Dade County have not a full set of the law books to which they are entitled under the laws of Georgia; and whereas the books missing from said offices, to which they are entitled under the laws of Georgia, are as follows: Volumes Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10 and two copies of Volume No. 11 of Park's Annotated Code; Volumes Nos. 3, 7, 13, 14, 17, 34, and 45 of Georgia Appeals Reports. Two copies of Volumes Nos. 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 22, 25, 26, 28, 29, 31, 33, 37, 43, 44, 49, 58, 59, 61, 62, 67, 68, 69, 70, 71, 72, 75, 84, 85, 89, 93, 96, 101, 106, 117, 119, 133, 139, 170, 172 of the Supreme Court Reports. Volumes Nos. 3, 17, 23, 24, 30, 32, 35, 36, 38, 40, 41, 42, 45, 47, 48, 50, 52, 53, 54, 55, 57, 63, 64, 65, 66, 74, 76, 77, 78, 79, 80, 81, 82, 83, 86, 87, 88, 90, 91, 92, 94, 97, 98, 100, 103, 104, 105, 107, 109, 111, 112, 113, 114, 115, 116, 118, 120, 121, 122, 123, 124, 126, 127, 129, 130, 131, 135, 136, 137, 142, 148, 149, 151, 153, 158, 161, 163, 164, 167, 168, 169, of the Supreme Court Reports: Therefore be it resolved by the General Assembly of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to Dade County, without cost, the law books above enumerated, for use of the Ordinary and Clerk of the Superior Court, and take the official receipt of said officers for said books upon their delivery. Preamble. Law-books for ordinary and clerk. Approved March 23, 1933.

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GEORGIA REPORTS, ETC., TO GREENE COUNTY. No. 21. A RESOLUTION. Whereas the office of Ordinary of Greene County, Georgia, does not have a complete set of the Georgia Supreme Court Reports, nor a complete set of the Georgia Court of Appeals Reports, nor a complete set of Park's Annotated Code of Georgia; and whereas the Clerk of the Superior Court of said county does not have a complete set of the Georgia Supreme Court Reports, nor a complete set of the Georgia Court of Appeals Reports, due to natural wear and tear, and due also to the fact of loss of the same, the missing volumes in the Ordinary's office of said county being as follows: Georgia Supreme Court Reports: Volumes Nos. 59, 61, 62, 65, 68, 69, 75, 79, 92, 95, 98, 99, 105, 107, 112, 113, 114, 115, 116, 117, 118, 119, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 134, 138, 142, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175. Georgia Court of Appeals Reports: Volumes Nos. 4 and 5. Park's Annotated Code of Georgia: Volumes Nos. 1, 4, 5, 7, 10, 11. The missing volumes in the office of the Clerk of the Superior Court of said county being as follows: Georgia Supreme Court Reports: Volumes Nos. 61, 62, 65, 66, 68, 72, 79, 122, 127, 130, 131, 132, 165, 166. Georgia Court of Appeals Reports: Volumes Nos. 1, 2, 3, 4, 5, 6, 7, 9: Therefore be it resolved by the General Assembly of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the Ordinary of Greene County, Georgia, without cost, the said volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports and the Park's Annotated Code of Georgia volumes, and to the Clerk of the Superior Court of said county, without cost, the said volumes of the Supreme

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Court Reports and of the Georgia Court of Appeals Reports, for the use of the respective offices, and to take official receipts from said officers for the same, upon delivery. Preamble. Law-books for county. Approved March 23, 1933. GEORGIA REPORTS, ETC., TO HALL COUNTY. No. 24. A RESOLUTION. Authorizing and directing the State Librarian to furnish to the law library of the County of Hall certain missing volumes. Whereas there is now missing from the law library of Hall County, due to natural wear and inadvertent loss, certain volumes of publications furnished by the State Librarian: Therefore be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the County of Hall the following volumes of the publications herein set out: Volumes 12, 19, 23, 33, 54, 55, 59, 60, 64, 65, 66, 68, 78, 80, 100, 145, and 147 of the Georgia Supreme Court Reports. Volumes 5, 8, 9, 11, 34, and 35 of the Georgia Court of Appeals Reports. Volume 6 of Park's Code Annotated. Volumes 1 and 2 of the official Code of 1910. Preamble. Law-books for county. Approved March 23, 1933. GEORGIA REPORTS, ETC., TO JENKINS COUNTY. No. 22. A RESOLUTION. Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same, that the State Librarian be instructed and authorized to furnish the Ordinary

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of Jenkins County, Georgia, the following volumes of the Supreme Court Reports: Volumes 9, 13, 14, 17, 19, 24, 25, 30, 43, 48, 54, 57, 72, 77, 80, 82, 95, 102, 109, 110, 113, 118, 122, 123, 124, 126, 129, 131, 132, 139, 140, 144, 149, 150, 153, 154, 155, 156, 165, and 167. Volumes 1, 7, 10, 11, 13, 15, 17, 18, 20, 21, 25, 27, 29, 34, 39, 40 of Georgia Appeals Reports. Volumes number 1, 2, 3, 5, 6, 7, and 11 of Park's Annotated Code of Georgia. Said volumes to be furnished to Ordinary of Jenkins County, Georgia, for the use of Jenkins County Superior Court. All of said above volumes having been lost by reason of a very destructive fire, resulting in a loss not only of the court-house but many valuable records in addition to the above volumes. Said volumes above referred to to be kept by the Ordinary of said Jenkins County for the use and benefit of the Superior Court of said county. Law-books for county. Approved March 23, 1933. GEORGIA REPORTS, ETC., TO ROCKDALE COUNTY. No. 31. A RESOLUTION. Whereas the reports of the Supreme Court and of the Court of Appeals furnished the County of Rockdale for the use of the Judge of the Superior Court, the officers and members of the bar practicing before said court, have been lost, destroyed, and become useless and worn out through age and usage; and whereas the business of said court is impeded, slowed up, and hindered by not having these reports of the courts of last resort of this State: Therefore be it resolved by the House of Representatives, the Senate concurring, that upon the Ordinary of said county filing his affidavit with the State Librarian, setting

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forth the missing volumes of the Reports of the Supreme Court and of the Court of Appeals, the said State Librarian is hereby authorized, instructed, and directed to furnish to the Commissioners of Roads and Revenue of Rockdale County, for use of the judge, officers, and members of the bar of the Superior Court of said county, such volumes of the Supreme Court and of the Court of Appeals Reports as may, by the affidavit of said ordinary, appear to be missing. Preamble. Affidavit to be filed with State Librarian as to missing books. Likewise, be it further resolved, that the said State Librarian be further authorized, instructed, and directed to furnish to said commissioners such missing volumes, if any, of Park's Annotated Code of Georgia, if such volumes are shown to be missing by affidavit of said ordinary. Approved March 24, 1933. GOVERNOR OF MISSISSIPPI, APPRECIATION OF ADDRESS BY, ETC. No. 9. A JOINT RESOLUTION. Whereas by unanimous invitation of the Senate and House of the Legislature of this State, his Excellency Martin Sennett Conner, Governor of Mississippi, addressed the General Assembly of Georgia, in joint session, on the fifteenth day of February, 1933, on the absorbing question of taxation; and whereas Governor Conner appeared before us as a native son of Georgia's fair daughterthe historic and patriotic State of Mississippi, the home of Jefferson Davis, that grand type of a mighty past, and the central sun of a splendid constellation in which shone with resplendent luster L. Q. C. Lamar, Sergeant S. Prentiss, Robert J. Walker, James Zachariah George, and other brilliant luminaries whose light has guided the footsteps of countless thousands of Southerners; and whereas Governor

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Conner came to Georgia with the nation-wide reputation of a successful leader in real constructive legislation, and as one who has labored ardently and unceasingly to solve the financial problems of Mississippi, and relieve her citizens of the burden of their harassed and anxious times; and whereas his illuminating, eloquent, and comprehensive address marks a new epoch in the legislative annals of Georgia, and will be helpful in our study and consideration of the great problem of taxation, a wise solution of which will enable Georgians to press forward to new heights of glory and progress, and again rejoice in the prosperity of the land and of happy homes; and whereas the personality of the Governor of Mississippi was as delightful as his eloquence was refreshing: Therefore be it resolved, that the members of the General Assembly of Georgia hereby express their warm appreciation of Governor Conner's visit to them, and tender to him their sincere thanks for his highly entertaining and informing address, which breathed the spirit of patriotism and was the essence of statesmanship. His presentation of his subject was like a brilliant panoramaeverything had been made visible and clear to the vision and understanding. Preamble. Thanks for address. And be it further resolved, that there be paid from the contingent fund of the Governor's office, to Governor Conner, the sum of $86.88, expenses for making the trip to Georgia and return for himself and Hon. M. Shelby Pickett of the Mississippi Insurance Commission. Expense of trip to be paid from contingent fund. Be it further resolved, that the Secretary of the Senate forward a copy of these resolutions to his Excellency Governor Conner. Approved February 27, 1933.

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HIGHWAY ROUTE 31, PAVING OF. No. 18. A RESOLUTION. Whereas the State of Georgia is the owner of eight hundred twelve acres of land and the buildings and improvements thereon constituting the experimental farm and plant of the Georgia Coastal Plain Experiment Station, and the farm, campus site, and buildings of the Georgia State College for Men, near Tifton, Tift County, Georgia, which property is located just out of the city limits of Tifton, Georgia, with the two farms lying adjacent to each other, and in part abutting on what is known as State Highway Number Seven and National Highway Number Forty-one; and whereas the plants and lands of the said two institutions constitute a property value belonging to the State of Georgia, of approximately four hundred thousand ($400,000.00) dollars; and whereas the Georgia Coastal Plain Experiment Station is visited by thousands of citizens of this State at all seasons of the year, and the Georgia State College for Men is the only senior college for men in South Georgia, and has an average attendance of two hundred sixty (260) senior college students, and the main buildings of the two institutions are located within five hundred (500) yards of each other: Therefore be it resolved by the General Assembly of the State of Georgia, that the State Highway Department be and the same is hereby authorized and instructed to pave the portion of the road from the point on Highway Number Seven known as the Triangle Filling-Station to a point just beyond the plant of the Georgia State College for Men, and leading by and through the plant of the Georgia Coastal Plain Experiment Station, same being a distance of one and two tenths miles located on one of the standard roads of Tift County, and a loop of one tenth of a mile from the said road through the grounds of the Georgia Coastal Plain

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Experiment Station directly in front of the main building of said station and a loop of two tenths of a mile from said road through the grounds of the Georgia State College for Men, and leading directly in front of the dormitories and the main building of said college, making a total distance of approximately one and five tenths miles of paving, with such type of pavement and construction as in the judgment of the Highway Department is deemed advisable, the cost of same to be paid out of the revenue of the Highway Department; provided, said County of Tift shall not participate in the gas-tax fund on account of said one and five tenths miles, approximately, of said pavement. Preamble. Road to be paved. Whereas South Georgia State College is an institution of the State, located at Douglas in Coffee County, Georgia; and whereas said institution is situated within a few hundred yards of the State Highway No. 31; and whereas it is desirable that said institution be located upon a paved State Highway: Therefore be it resolved by the General Assembly of Georgia, that the State Highway Department of Georgia be and the same is hereby authorized, empowered, and directed to proceed, as early as practicable, to pave the State Highway known as Route No. 31, from the intersection of said Route 31 with the right of way of the Atlanta, Birmingham and Coast Railroad Company, in the City of Douglas, Coffee County, Georgia, to the intersection of said Route No. 31 with the public road leading from Douglas, Georgia, to Willacoochee, Georgia. The said State Highway Department is further authorized, empowered, and directed to pave said Douglas and Willacoochee public road from its intersection with said Route 31, in a westerly direction, to the western-most entrance of the circular driveway leading from said Douglas and Willacoochee public road to the front of the main buildings of said South Georgia State College and along said circular driveway to the end thereof;

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the total distance to be paved hereunder not to exceed one mile. Be it further resolved, that the portion of said Douglas and Willacoochee Public Road directed by this resolution to be paved and the said circular driveway of said South Georgia State College be and the same are hereby added to and made a part of the State Highway System of public roads. Road added to highway system. Approved March 18, 1933. INAUGURATION OF PRESIDENT; EXPENSE. No. 10. JOINT RESOLUTION. Whereas the Honorable Franklin D. Roosevelt of the State of New York, who is a part-time resident of the State of Georgia, and is to be inaugurated as President of the United States on March 4 next; and whereas Admiral Cary T. Grayson, in behalf of the President, has extended an official invitation to the Band of the 122nd Infantry Georgia National Guards, and the Atlanta Battalion Naval Reserve, to participate in the parade incident to the inauguration; and whereas these units have been designated by the Governor as the official military representatives of the State of Georgia; and whereas this Naval Unit is the outstanding Naval Reserve Unit of the United States, having been designated as the leading unit two years in succession; and whereas these organizations lack sufficient funds to defray their expenses incident to this participation in acceptance of the invitation and parade in the inauguration; and whereas there remains an unexpended balance of $12,656.63 in the riot fund of the Military Department, appropriated for the years 1926 and 1927, which fund has already been appropriated; therefore Be it resolved by the Senate, the House concurring, that

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the Adjutant-General of this State be authorized, and he is hereby empowered, to expend not to exceed $500.00 toward defraying expenses of the above named military organizations to and from Washington, D. C., for the purpose outlined above. This sum to be divided, $150.00 to the Band of the 122nd Infantry, and $350.00 to the Atlanta Naval Reserve Battalion. Preamble. $500 for military bodies attending inauguration of President. Approved February 22, 1933. PURCHASES FOR STATE INSTITUTIONS. No. 34. A RESOLUTION. Whereas it is to the best interest of the people of this State that the products of the farms, mines, and factories of this State be purchased by the State Supervisor of Purchases, and by all the departments, boards, and institutions of this State, in preference to those produced elsewhere, when same are to be used in the maintenance of its institutions, or the construction, maintenance, and repair of its roads, bridges, and buildings and all other public works: Therefore be it resolved by the General Assembly of Georgia, that the Supervisor of Purchases, and all the departments, boards, and institutions of the State, be and they are hereby directed and required to purchase the products of the farms, mines, and factories of this State, when same are to be used in the maintenance of its institutions, or the construction, maintenance, and repair of its roads, bridges, and buildings, and of all other public works, in preference to those produced elsewhere, when the same may be purchased on equal terms, and are of like price and quality, as those produced elsewhere. Preamble. Preference to Georgia products, etc. Be it further resolved, that the departments, boards, and institutions of this State in making and entering into any

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contract for the construction of any road and/or any bridge and/or any public building and/or any public work shall stipulate in such contract that the products of the mines and/or factories of this State shall be used in such construcion, when the same may be obtained and purchased on equal terms, and are of like price and quality as those produced elsewhere. Be it further resolved, that all laws in conflict with this resolution be and the same are hereby repealed. Approved March 24, 1933. SALES-TAX SYSTEM; ADDRESSES INVITED. No. 5. Whereas the General Assembly of the State of Georgia is vitally concerned in a revision of the tax system of the State; and, whereas profound consideration is being given to the question of the adoption of a retail-sales tax as a substitute for and in lieu of the present ad valorem tax system; and whereas first hand information as to the desirability and practicability of a retail-sales tax is desired by the members of the General Assembly of the public; and whereas such a plan of taxation has now been in operation in Mississippi for some time under the administration of his Excellency the Honorable Sennett Conner, Governor, and said system has been put into operation under the direction of the Honorable A. H. Stone, Chairman of the Mississippi State Tax-Commission; and whereas the above-named distinguished administrators of a sister Southern State are in position to give the people of Georgia the information desired; therefore Be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that his Excellency Governor Sennett Conner and the Honorable A. H. Stone, both of the State of Mississippi, be and they are hereby

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invited and earnestly requested to address the General Assembly of Georgia in joint session at their earliest convenience, on the question of the retail-sales tax system. Preamble. Invitations to address General Assembly on retail sales-tax system. Be it further resolved that upon the passage of this resolution the President of the Senate and the Speaker of the House of Representatives each appoint one member of each body to transmit copies of this resolution and make arrangements for said addresses. Be it further resolved that his Excellency Governor Eugene Talmadge be requested to act with said committee and join in this invitation. Approved February 9, 1933. SURETIES BROOKS AND O'HALLORAN; REIMBURSEMENT. No. 35. A RESOLUTION. Whereas Z. A. Brooks and W. D. O'Halloran, of Muscogee County, Georgia, became sureties on the bond of Richard Jones, charged with an assault to commit robbery in the superior court of said State and county; and whereas the said Richard Jones failed to appear when his case was called at the February term, 1931, of said court, and his bond was forfeited and a rule nisi issued, and at the May term, 1931, of said court said case was again called, and a rule absolute was issued against the said Richard Jones as principal, and Z. A. Brooks and W. D. O'Halloran as securities, for the sum of two hundred and fifty dollars, besides the costs of court; and whereas afterwards, to wit, August 27, 1931, said securities paid the sum of two hundred and fifty dollars, the amount of said bond, and the costs of court, and whereas, prior to the February term, 1932, of said court the said Z. A. Brooks and W. D. O'Halloran at their

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own expense apprehended and delivered to the sheriff of Muscogee County, Georgia, the said Richard Jones, and at the February term, 1932, of said court, on the 16th day of April, 1932, the solicitor-general of said court, to wit, A. Jones Perryman moved to nolle prosequi said case, which motion was granted by his honor Honorable C. F. McLaughlin, Judge of said court. Now therefore be it resolved by the General Assembly of the State of Georgia, that all the requirements and purposes for which said bond was made have been complied with by the said Z. A. Brooks and W. D. O'Halloran, sureties aforesaid; that the commissioners of roads and revenues for Muscogee County pay out of the funds paid by the clerk of the superior court of said county, from the fines and forfeitures collected by him and paid to the clerk of the said commissioners, and said commissioners of roads and revenues are hereby authorized and directed, from the funds so paid by the clerk aforesaid, to pay to the said Z. A. Brooks and W. D. O'Halloran the sum of two hundred and fifty dollars by them paid by virtue of said bond; provided, however, that the said Z. A. Brooks and W. D. O'Halloran shall not be relieved from the costs of said forfeiture. Preamble. Sureties reimbursed. Approved March 24, 1933. SURETIES BURKE AND PARRISH RELIEVED. No. 32. A RESOLUTION. Whereas H. A. Burke and C. H. Parrish did, on the 27th day of October, 1930, become bail for the appearance of Jewell Johnson, in a case pending in the city court of Macon, Bibb County, Georgia, against said Jewell Johnson, charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said Jewell Johnson at the December, 1930, term of said

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city court of Macon; and whereas a rule absolute was entered, and an execution was issued on the forfeiture of said bond for the principal sum of $150.00 and costs; and whereas the said Jewell Johnson was afterwards recaptured and delivered over to the sheriff of Bibb County, Georgia, and incarcerated in the jail of said county, and said case was, on February 4th, 1933, nol prossed: Be it resolved by the House of Representatives, and the Senate concurring, that, inasmuch as the purpose for which said bond was made is fully accomplished, the said H. A. Burke and G. H. Parrish be relieved from all liability on said execution issued on said forfeiture; provided, however, that the said H. A. Burke and G. H. Parrish, the sureties on said bond, shall have first paid all costs in forfeiting said bond. Preamble. Sureties relieved. Approved March 24, 1933. SURETY COKER; REIMBURSEMENT. No. 23. A RESOLUTION. Whereas W. H. Coker did, on the 27th day of July, 1929, become bail for the appearance of one J. E. Norris, at the September term, 1929, of the city court of Floyd County, Georgia, to abide the final order, judgment, and sentence of the court in said case, wherein said principal has been tried, convicted, and sentenced in said court for the offense of misdemeanor; and whereas said J. E. Norris was required by said bond to appear in the city court of Floyd County at the September term, 1929, of said court, said bond being in the sum of two hundred dollars ($200.00), and when said case was called on the 9th day of September, 1929, said bond was forfeited by reason of non-appearance of said J. E. Norris; and whereas a rule absolute was entered, and

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an execution issued upon the rule absolute on the forfeiture of said bond for the principal sum of $200.00 and costs; and whereas the said J. E. Norris was afterwards recaptured by the said W. H. Coker; and whereas said J. E. Norris was delivered over to the sheriff of said county, and did serve his sentence in the chain-gang of said county: Now therefore be it resolved by the House of Representatives and the Senate concurring, that inasmuch as the purpose for which said bond was made is fully accomplished, that the county authorities of Floyd County be and they are hereby authorized to pay to the said W. H. Coker the sum of two hundred dollars ($200.00) of the funds arising from fines and forfeitures of the city court of Floyd County, to reimburse him for the sum so paid on account of said bond. Preamble. Surety reimbursed. Approved March 23, 1933. SURETY DECK; REIMBURSEMENT. No. 12. A RESOLUTION. Whereas Charles Deck, of Dalton, Whitfield County, Georgia, did execute a certain bond for the appearance of Lon Hogue to the superior court of Whitfield County at the April term, 1920, in a case pending against the said Lon Hogue; and whereas said Lon Hogue defaulted said bond, and said bond was forfeited by reason of the failure of said Lon Hogue to appear as provided in the terms of said bond, and a rule absolute was entered against the surety on said bond; and whereas the said surety has paid off said judgment based on said bond, together with the costs of same, which said bond was in the amount of $200.00 principal, and $11.10 costs, and whereas said bond was forfeited and said judgment was entered, and as the same was paid

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off the said surety caused Lon Hogue to be arrested and placed in custody of the sheriff of Whitfield County, and said case was disposed of as provided by law: Now therefore be it resolved by the General Assembly, the bond having served its purpose, the county authorities of Whitfield County are hereby authorized and empowered to pay to the surety named herein the penal sum of said bond, and costs, to be paid out of the fines and forfeitures of Whitfield superior court, to reimburse said surety on account of said bond. Preanble Surety reimbursed. Approved March 2, 1933. SURETY DUNSON RELIEVED. No. 14. A RESOLUTION. Whereas Claude Boykin, of Troup County, State of Georgia, was charged in a warrant with the offense of burglary; and whereas the said Claude Boykin was arrested, and Claude Boykin as principal, and J. E. Dunson Jr. as security, executed a bond for three hundred dollars ($300.00), returnable to the next term of the superior court of said county, and at that term the said Claude Boykin was indicted for the offense of burglary, and in the meantime the said Claude Boykin had absconded, and the said bond was forfeited, and an execution had been issued upon the said bond, and then the said J. E. Dunson Jr., as surety, apprehended the said Claude Boykin at considerable expense, finding the said Claude Boykin in New Orleans, La., and brought the said Claude Boykin to Troup County for trial; and whereas the said Claude Boykin, on or about the first day of June, 1932, was convicted of burglary and is now serving a term in a penitentiary; and whereas the ends of justice have been fully satisfied in this case, it would

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work a hardship and injustice against the said surety should the said execution thereon proceed to be levied; and whereas the said J. E. Dunson Jr. has departed this life, and the LaGrange National Bank and Mrs. J. E. Dunson Jr. are the qualified executors of the estate of said J. E. Dunson Jr., deceased: Now therefore be it resolved by the House of Representatives, the Senate concurring, that, inasmuch as the purpose of said bond and for which the same was given has been fully accomplished, the said estate of J. E. Dunson Jr., and the executors aforenamed, be relieved of all liability of said execution issued on said bond forfeiture, and that said judgment issued on the forfeiture of said bond and the execution be canceled of record, and that the clerk of the superior court of Troup County, Georgia, be and is hereby authorized and directed to mark said execution canceled and satisfied of record. Preamble. Surety relieved. Approved March 2, 1933. SURETIES GARNER AND JORDAN, REIMBURSEMENT. No. 19. A RESOLUTION. Whereas N. A. Garner and D. M. Jordan jointly became surety on a certain bond in the amount of $300.00, conditioned for the appearance of Jess Kimbraugh, alias Jesse Kimbraugh, alias Jess Kimbro, alias Jesse Kimbro, alias Jess Kimbo, alias Jesse Kimbo, at the December term, 1928, of the criminal court of Atlanta to answer an accusation pending in said court which charged said principal with violating the prohibition law; and whereas N. A. Garner and D. M. Jordan jointly became surety on a certain bond in the amount of $100.00, conditioned for the appearance of Jess

Page 1186

Kimbraugh, alias Jesse Kimbraugh, alias Jess Kimbro, alias Jesse Kimbro, alias Jess Kimbo, alias Jesse Kimbo, at the March term, 1929, of the criminal court of Atlanta to answer an accusation pending in said court, which charged said principal with violating the prohibition law; and whereas N. A. Garner and D. M. Jordan jointly became surety on a certain bond in the amount of $200.00, conditioned for the appearance of Callie (Calley) Sherman, alias Callie Higgins, at the May term, 1929, of the criminal court of Atlanta to answer an accusation pending in said court, which charged said principal with violating the prohibition law; and whereas the said Jess Kimbraugh failed to appear in compliance with the condition of said bonds, whereupon the same were forfeited and scire facias issued; and whereas the court authorized a settlement on June 10, 1929, by the sureties, upon payment of $240.00 and cost in the amount of $15.50 in one case and $80.00 and cost in the amount of $15.50 in the other case, and said sums were paid, October 24, 1929, by said sureties; and whereas said sureties thereupon located and apprehended the said Jess Kimbraugh and delivered him into the custody of the sheriff of Fulton County, and the said Jess Kimbraugh entered pleas of guilty to the charges contained in said accusations and was sentenced to serve twelve (12) months upon the public works of Fulton County on October 31, 1932, in each case to run consecutively, and the said Jess Kimbraugh complied with the terms of said sentences; and whereas the said Callie Sherman failed to appear in compliance with the condition of said bond, whereupon the same was forfeited and a scire facias issued; and whereas the court authorized a settlement on the 30th day of May, 1930, by the sureties upon payment of $160.00 and cost in the amount of $15.50, and said sums were paid on the 30th day of May, 1930, by said sureties; and whereas said sureties thereupon located and apprehended the said Callie Sherman and delivered her into the custody of the sheriff of Fulton County; and the said Callie Sherman entered a plea of guilty to the charge

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contained in said accusation, and was sentenced to serve six (6) months and pay a fine of fifty ($50.00) dollars, the sentence to be suspended upon payment of the fine in the discretion of the court, on August 26, 1931, and the said Callie Sherman complied with the terms of said sentence: Now therefore be it resolved by the General Assembly of the State of Georgia, that the county authorities of the County of Fulton pay, and they are hereby authorized and directed to pay, to the said N. A. Garner and D. M. Jordan the sums of $240.00, $80.00, and $160.00 paid by them, as aforesaid, from the funds arising from fines and forfeitures in the said court. Preamble. Reimbursement of sureities. Approved March 21, 1933. SURETY LUCILE McD. GREEN; EXECUTION SUSPENDED. No. 29. A RESOLUTION. Whereas Mrs. Lucile McD. Green did, on the 23rd day of March, 1931, become the surety on a supersedeas bond of Robert K. Smith, convicted on the 11th day of December, 1930, at the November term, 1930, of Fulton superior court, on a true bill known as an indictment No. 34288, in said court, for the offense with knowingly having in his possession a certain false, forged, and counterfiet check, the punishment being fixed at from two (2) years minimum to two (2) years maximum, which said supersedeas bond was in the penal sum of seven hundred fifty dollars ($750.00), and was by E. W. Lemon, deputy clerk of the Fulton superior court, approved on the 23rd day of March, 1931; and whereas the said Robert K. Smith, when he was released from custory by and upon the said Mrs. Lucile McD. Green becoming his surety upon said supersedeas bond, did leave

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the State of Georgia and returned to his former home, the same being in the State of California; and whereas the said Robert K. Smith prior to his violation of the penal laws of the State of Georgia, did violate the penal laws of the State of California, and was tried and convicted therefor, and after serving a part of the sentence in the State Prison at Folsom, Repressa, California, he was paroled; and whereas, after the said Robert K. Smith was tried and convicted in the Fulton superior court, and during his appeal to the Court of Appeals of Georgia, and after the said Mrs. Lucile McD. Green had become his surety on a supersedeas bond in said Fulton superior court, and when and after the said Robert K. Smith returned to the State of California, his parole from the State Prison of California was revoked; and whereas the said Robert K. Smith still has more than two (2) years to serve in the California Prison, and at present not within the State of Georgia, and cannot at this time be returned to the State of Georgia, by reason of his confinement in the State Prison of California, and whereas, on the 14th day of April, 1931, the Court of Appeals of Georgia affirmed the judgment and sentence in the Fulton superior court in the said criminal matter, and judgment of the Court of Appeals of Georgia in said case was, on the 28th day of April, 1931, made the judgment of Fulton superior court; and whereas said supersedeas bond was, on the 21st day of May, 1931, forfeited, and a scire facias issued, returnable to the July term, 1931, of Fulton superior court, and, the principal in said bond not then appearing, a final forfeiture was taken in the case, and final judgment was entered against Robert K. Smith as principal, and Mrs. Lucile McD. Green s security, on the 16th day of November, 1931, for the sum of seven hundred fifty dollars ($750.00) and costs, and fi. fa. issued thereon, and was entered in the execution docket of Fulton superior court; and whereas the said Mrs. Lucile McD. Green, a widow, and whose health is very poor, whose only holdings are in real estate from which, if said bond was realized, would

Page 1189

be sacrified without paying the same, and the said Mrs. Green having two (2) minor children to support under ten (10) years of age, and if the said Mrs. Green had to sacrifice her real estate to satisfy said bond and judgment she would be left wholly without a home; and whereas the said Robert K. Smith cannot at this time be returned to the State of Georgia on account of his being confined in the penitentiary of California; and whereas it would work a hardship and injustice against the said Mrs. Lucile McD. Green, security on said bond, to enforce said judgment and the execution thereon at this time, under the existing circumstances; and it appearing that the surety desires to return the principal to the State of Georgia after he has completed serving his term in the California prison: Therefore be it resolved by the House of Representatives, the Senate concurring, that the sheriff of Fulton County, Georgia, and the clerk of Fulton superior court are hereby authorized and directed to suspend the execution and levy of the aforesaid fi. fa. until March 1, 1935, and the said clerk is hereby directed to mark on said fi. fa. and general execution docket, Book No. 59, page 390, that levy and execution is suspended until March 1, 1935. Preamble. Execution suspended. Approved March 24, 1933. SURETY O'HALLORAN RELIEVED. No. 25. A RESOLUTION. Whereas W. D. O'Halloran, of Muscogee County, Georgia, became surety of G. F. Culpepper, charged with a misdemeanor in the city court of Columbus; and whereas said G. F. Culpepper failed to appear when his case was called at the July term, 1932, of said court, and his bond was forfeited and a rule nisi issued, and at the October term, 1932, of said court, said case was again called and a rule

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absolute was issued against the said G. F. Culpepper as principal, and W. D. O'Halloran as security, for the sum of two hundred and fifty dollars, besides the cost of court; and whereas afterwards, to wit, on the 29th day of October, 1932, during the same term of said court at which said rule was made absolute, the said W. D. O'Halloran at his own expense apprehended and delivered to the sheriff of Muscogee County, Georgia, the said G. F. Culpepper, and on the same day the said G. F. Culpepper entered a plea of guilty, and was immediately sentenced by his honor Hon. G. Y. Tigner, Judge of said court, to serv two months on the chain-gang of said county, to be discharged upon the payment of fifty dollars; and whereas the said G. F. Culpepper failed to pay said fifty dollars, but served the two months on the chain-gang, at the expiration of said sentence was discharged as provided by law: Now therefore be it resolved by the General Assembly of the State of Georgia, that the said W. D. O'Halloran, surety as aforesaid, be relieved from the payment of said bond of two hundred and fifty dollars, and that the clerk of the superior court of Muscogee County, Georgia, is hereby authorized and instructed to enter the execution on said rule absolute canceled and satisfied of record. Provided, however, the said bondsman shall not be relieved of the payment of costs on the bond forfeiture as aforesaid. Preamble. Surety relieved. Approved March 23, 1933. SURETY SAM GREEN RELIEVED. No. 27. A RESOLUTION. Whereas Sam Green did become surety for the appearance of Cecil Green at the June term, 1931, of the superior court of Gwinnett County, in a case pending against the said Cecil Green, charging him with the offense of manufacturing

Page 1191

of liquor, which said bond was for the sum of two hundred dollars ($200.00), and said bond was forfeited by reason of the non-appearance of the said Cecil Green, and the rule nisi having been taken at the September term, 1931, and the rule absolute at the December term, 1931, and the rule absolute at the December term, 1931; whereas an execution issued upon the forfeiture of said bond at the December term, 1931, of the superior court of Gwinnett County, Georgia, for the principal sum of two hundred dollars ($200.00), and costs; whereas on the 4th day of November, 1932, the said Cecil Green appeared in court and entered his plea of not guilty, and upon the trial of said cause a verdict of guilty was found by the jury, with the recommendation that he be punished as for a misdemeanor, and was fined in the sum of one hundred dollars ($100.00), which fine he paid: Be it therefore resolved by the House of Representatives, the Senate concurring, that the county authorities of Gwinnett County, Georgia, be and they are hereby authorized to relieve the said Sam Green as surety on the said bond, and the said Sam Green is hereby relieved from the said execution, and the clerk of the superior court of Gwinnett County, Georgia, be and he is hereby authorized and instructed to mark the execution issued upon this forfeiture and rule absolute canceled and satisfied of record, by authority of this resolution. Preamble Surety relieved. Approved March 23, 1933. SURETY WILLIAMS RELIEVED. No. 30. A RESOLUTION. Whereas G. W. Cothern was indicted by the grand jury of Ben Hill County at the April term, 1930, of the superior court of said county, charged with the offense of cheating and swindling; and whereas Oliver Williams of Coffee

Page 1192

County signed the bond of said G. W. Cothern, in the sum of one hundred dollars, for his appearance at the April term, 1930, of Ben Hill superior court, and whereas said defendant was in the county jail at Douglas, Georgia, charged with a Federal offense, during the April term as above stated, during which term a rule nisi was taken on said bond; and whereas said G. W. Cothern and his security, Oliver Williams, appeared for trial at the next term which convened regularly in July, 1930, and owing to a misunderstanding of an acting solicitor-general, a rule absolute was taken and a fi. fa. was issued and recorded in Ben Hill and Coffee Counties; and whereas on the 23rd day of June, 1932, Oliver Williams, bondsman, delivered to the sheriff of Ben Hill County said G. W. Cothern, the sheriff receiving and incarcerating him in the county jail of Ben Hill County for trial upon said charge: Be it resolved by the Senate, the House of Representatives concurring, that, inasmuch as the purposes for which said bond was made has been fully accomplished, the said Oliver Williams be released from liability on said execution issued on said forfeiture, and the clerks of Ben Hill and Coffee Counties be authorized and instructed to enter the execution on said rule absolute canceled and satisfied of record. Preamble. Surety relieved. Approved March 24, 1933. TEXT-BOOK COMMISSION INVESTIGATION. No. 6. A RESOLUTION. Whereas the Text-Book Commission of the State of Georgia, who under the existing Laws of the State is now charged with the duty of letting contracts for the purchase, publication, and distribution of text-books for the common schools of Georgia, has recently let contracts for the purchase

Page 1193

and publication of said text-books for a period of five years from the first day of January 1933; and whereas all the proceedings of said commission leading up to the letting of said contracts, and the actual letting of the same, has apparently been attended with unnecessary and undue secrecy, there being an apparent reluctance upon the part of said commission to furnish the press and public with full and complete information relative to the letting of said contracts; and whereas certain newspapers in the State have published statements to the effect that the members of said commission in the letting of said contracts were not in accord and agreement, but that the deliberations of said commission were characterized by strife and dissension among its members; and whereas it is openly charged by certain newspapers in the State that the letting of said contracts in some instances were not made to the lowest bidders and were not made in accordance with the laws of the State relating thereto, it being openly charged that said contracts were let under terms and conditions that will impose an unnecessary burden upon the people of Georgia in a sum exceeding one million dollars; and whereas it is also openly charged that the members of said commission in the letting of said contracts were so manifestly unfair and unreasonable that the Governor of Georgia, who is a member of said commission, forced a record vote on each and every contract that was let by said Text-Book Commission; and whereas the newspaper articles referred to, and the apparent secrecy surrounding the actions of the commission in the letting of said contracts, has led to the circulation of rumors throughout the State to the effect that the commission in the letting of said contracts were actuated by favoritism, fraud, and improper motives; and whereas it is apparent that the commission in the letting of said contracts should studiously avoid any suspicion of secrecy and should give the widest publicity to all its actions and deliberations, such action being necessary to avoid its motives being impugned and its usefulness being destroyed; and whereas it

Page 1194

is essential and necessary that the actions of said commission be throughly investigated, whether or not the said charges are true, this action be necessitated in order to give the people of Georgia full information as to the actions of the commission and to restore their confidence in the commission. Therefore be it resolved by the General Assembly of Georgia that a committee consisting of three members of the Senate, to be appointed by the President of the Senate, and five members of the House, to be appointed by the Speaker of the House, be appointed to make a thorough and complete investigation of all the actions of said commission relating to the letting of said contracts; and that they make a written report of their findings to the present session of the General Assembly. Preamble. Committee to investigate acts of Text-Book Commission. Be it further resolved by the authority aforesaid, that said committee is fully authorized to subpoena and examine witnesses, compel the production of the books and records of said commission, and to do all other things necessary in the speedy prosecution of said investigation. Approved February 15, 1933. TEXT-BOOK CONTRACT ANNULMENT. No. 7. A RESOLUTION. Whereas the State Board of Education of Georgia in September, 1932, held an adoption of text-books for the elementary schools of this State; and whereas this adoption provides for 86% of the text-books in the elementary grades to be new, or not now being used; and whereas this wholesale change of books is and will be a severe hardship upon the taxpayers and patrons of the schools of this State, because of the large number of new books that will necessarily

Page 1195

have to be purchased, and the great number of books now in the hands of pupils which must be discarded, thus causing a double charge against the patrons; and whereas such wholesale change of text-books is contrary to a wise and safe public policy, and more particularly at this time of economic distress it is emphatically opposed to the best interests of the people of Georgia: Now therefore be it resolved by the Senate, the House of Representatives concurring: Preamble. First, that the State Board of Education be respectfully called upon to annul its action whereby this wholesale change of text-books was made, and to recall all contracts with publishers pertaining to such change, so far as the same may be done under existing laws and under the terms and conditions of the contracts that may have been signed by the State Board of Education or the Text-Book Commission; and the State Board of Education is called upon to meet at an early date to give consideration to the matters referred to in this resolution; and that said Board of Education is requested to ask and request the holders of such contracts to return the same to said board for further consideration. State Board of Education called upon to recall text-book contracts for further consideration, etc. Second, that the State Board of Education be requested to hold another adoption of text-books under the terms of the present text-book law, but at a date between March 1st and July 1st, 1933. Third, that at such adoption the State Board of Education shall act within the following general limitations, to wit: (a) To the end that the changes of text-books may be reduced to the minimum and the least possible hardship be worked upon the patrons of the Georgia schools, no text-book or series of text-books now on the official list and in use in this State shall be changed where such text-book or series of text-books are reasonable satisfaction; provided further that the publishers of such book or books submit

Page 1196

a material reduction in price, in line with the reduced cost of production. Limitations. (b) Under no circumstances shall the text-books on more than 30 per cent. of the subjects and/or books be changed, unless it be evident to the State Board of Education that a material saving can be effected by the change of a larger percentage of books, due consideration being given to the added cost of change as well as to the bid price. Fouth, that if it is ascertained that said contracts cannot be legally recalled by the State Board of Education, and the text-book companies affected decline to surrender their contract for cancellation, then the said State Board of Education be hereby requested to permit the use of the text-books now in use in the schools of this State as long as the supply on hand shall last, and that it permit the recently adopted text-books to be put into the schools gradually and only as new books are necessary. Use of text-books now used. Approved February 15, 1933. UPSON COUNTY UNRECORDED INSTRUMENTS. No. 8. A RESOLUTION. Whereas a considerable number of wills and other instruments, administration proceedings and returns and other papers required by laws to be filed and recorded in the office of the ordinary of Upson County, Georgia, have not been recorded as required by law, although the fees for recording thereof have been paid by the interested parties; and whereas all of these unrecorded papers were filed and collected for before the present ordinary of said county, J. M. Middlebrooks, was elected to said office; and whereas the failure to record these papers and proceedings has resulted and will continue to result in impending and slowing up the

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proceedings of the courts of Upson County in all cases in which said proceedings are directly or collaterally involved, and will greatly increase the cost of holding said courts: Now therefore be it resolved by the House of Representatives of Georgia, the Senate concurring, that the Board of Commissioners of Roads and Revenues of said Upson County are hereby authorized and directed to employ the present ordinary, J. M. Middlebrooks, to have said unrecorded instruments and proceedings recorded in due form, and to pay him out of the county funds reasonable compensation therefor, not to exceed the sum of five hundred ($500.00) dollars. Preamble. Direction to have unrecorded wills, etc., recorded. Approved February 22, 1933.

Page 1199

TREASURER'S REPORT

Page 1200

SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1932. To balance on Hand, January 1, 1932 $2,107,447.83 RECEIPTS * * Indicates Special Funds. Bank Examination Fees $ 32,785.01 * Bank Liquidation Fees 28,689.50 Carbonic Acid Gas Tax 26,042.08 * Cigar and Cigarette Stamp Tax 1,319,910.20 Corporations Franchise Tax 408,287.20 Dividends from Stock 2,456.50 Feed Inspection Fees 48,129.66 Fertilizer Inspection Fees 118,417.38 Fire Inspection Assessments 10,165.71 * Fish Peddlers Tax 648.74 * Fishing License Fees (Fresh Water) 237.50 * Fishing License Fees (Salt Water) 1,747.50 * Fuel Oil Tax 12,064,894.57 Gross Receipts Sales Tax 277,483.52 * Hunting License Fees 49,521.96 Income Tax 1,456,784.62 * Industrial Relations Assessments 78,644.75 Inheritance Tax 158,925.57 Insurance Agents Tax 78,080.00 Insurance Fees 72,169.00 Insurance Premium Tax 843,823.97 Interest from State Depositories 63,286.71 * Kerosene Oil Tax 182,574.90 * Land Title Registration Fees 24.25 Machinery Equipment Tax 550.00 Malt Syrup Tax 381.94 Miscellaneous Fees 19,506.89 * Motor Carrier's Fees 61,208.50 Motor Carrier's Mileage Tax 105,028.85 * Motor Vehicle License Fees 3,840,348.96 * National Forest Reserve Fund 1,398.40 * Naval Stores Inspection Fees 3,972.02 Occupation Tax, Sundry 416,338.16 * Oyster and Shrimp Stamp Tax 2,972.79 Poll Tax 295,464.26 Professional Tax 51,781.00 * Professions Examining Fees 51,121.01 Property Tax, General 4,639,177.84 Property Tax, Public Service Corporations 1,021,646.74 * Public Service Corporations Assessments 70,363.64 Refunds 49,979.17 Rentals, Sundry 26,149.54 * Rent from W. A. R. R. 540,000.00 Sales, Sundry 1,080,368.12 * Security Dealer's Fees 12,044.10 Sewing Machine Companies Tax 930.00 Soft Drinks Syrup Tax 8,527.89 Temporary Loans (Common Schools) 2,700,000.00 Total Receipts $ 32,322,990.62 Aggregate including Balance $ 34,430,438.45

Page 1201

DISBURSEMENTS Academy for the Blind $34,695.25 Board of Control, Public Welfare 24,522.02 * * Indicates Special Funds. Board of Game and Fish Fund 61,009.29 Board of Horticulture and Entomology Fund 65,547.67 Board of Regents, University System, Maintenance 3,000.00 Bowdon State Normal and Industrial College 23,003.20 Clerk's Costs, Supreme Court 485.00 Clerk's Costs, Court of Appeals 600.00 Coastal Plains Experiment Station, Tifton 48,559.22 Common School Loan 2,500,000.00 Comptroller-General, Maintenance 129,364.97 Confederate Cemetery, Marietta 792.25 Contingent Fund, Governor's 8,152.97 Contingent Fund, Court of Appeals 4,688.12 Contingent Fund, Supreme Court 1,991.44 Court of Appeals, Books and Supplies 621.59 Court of Appeals, Georgia, Salaries 66,284.59 Department of Agriculture: (a) Maintenance 226,776.82 (b) Market Bulletin 24,948.85 (c) Veterinarian Division 52,709.80 Department of Audits 57,507.40 * Department of Banking Fund, Maintenance 33,008.58 * Department of Banking, Liquidating Budget Fund 29,126.47 Department of Education, Maintenance 141,974.00 Department of Forestry and Geological Development: (a) Forestry Division 40,863.09 (b) Geological Division 12,900.00 Department of Industrial Relations: (a) Commerce and Labor Division 9,780.00 * (b) Workman's Compensation Division 73,417.66 Department of Law 24,534.67 Department of Public Health 150,880.00 Eighth District A. M. School, Madison 15,954.44 Election Expense 1,624.76 Executive Department, Maintenance 22,552.76 * Forest Reserve Fund, National 1,398.40 Fourth District A. M. School, Carrollton 17,087.66 * Fuel Oil Tax to Counties 2,054,032.05 * Fuel Oil Tax to Highways 8,034,798.90 Georgia Agricultural Experiment Station, Griffin 15,930.02 Georgia Industrial College, Barnesville 20,781.34 Georgia Normal and Agricultural College, Albany 40,004.80 Georgia State College for Men, Tifton 51,002.70 Georgia State Industrial College, Savannah 49,003.52 Highway Dept. Fund, Motor Vehicle Fees 3,716,297.40 Income Tax 5% Reserve Fund (Tax Refunds) 5,036.26 Indexing House and Senate Journals $200.00 Indian Springs Fund 5,863.55 Insurance on Public Buildings 111,938.82 Interest on Temporary Loans 142,152.79 * Land Title Registration Fund 150.00 Legislative Committees, Visiting 120.00 Library Commission Fund 9,600.00 Library Fund, Maintenance 10,512.68 Middle Georgia College, Cochran 40,457.38 Military Funds: (a) Maintenance 20,985.94 (b) Organization 19,200.00 (c) Riot Duty 150.00 * Naval Stores Inspection Fund 3,972.02 Ninth District A. M. School, Clarkesville 16,485.69 North Georgia Agricultural College, Dahlonega 41,465.10 Overpayment of Tax Refunded 8,121.11 * Pension Fund, $1,300,000.00 Appropriation 154,420.57 * Pension Fund, Cigar and Cigarette Stamp Tax 1,450,080.00 * Pension Department, Maintenance 10,024.11 Printing Fund, General 6,000.00 Prison Fund, Maintenance, Commission 32,695.26 Prison Fund, Maintenance, Farm 99,115.10 Public Buildings and Grounds Fund 46,288.00 Public Debt: (a) Interest on 200,729.45 (b) Land Script Fund 6,314.14 (c) Sinking Fund 103,000.00 * Public Service Commission Fund: (a) Maintenance 63,647.34 (b) Motor Vehicle Fund 39,338.42 Publishing Constitutional Amendments 10,867.00 Publishing Georgia Reports 13,305.62 * Refund W. A. Rental Warrants 540,000.00 Reward Fund 443.02 School Fund, Common 4,412,159.72 * School Fund, Equalization 2,316,720.27 School of Agriculture and Mechanical Arts, Forsyth 11,982.48 School for the Deaf, Hospital Building 8,233.00 School for the Deaf, Maintenance 70,791.39 School of Technology, Atlanta 255,619.18 Secretary of State: (a) Archives and History Division 6,605.00 * (b) Examining Board Division 44,781.32 (c) Maintenance 21,878.84 * (d) Securities Division 12,927.25 Seventh District A. M. School, Powder Springs 20,172.10 Soldiers Home, Atlanta 26,455.58 Solicitors-General Fund 7,375.00 South Georgia, Junior State College, Douglas 41,465.10 South Georgia Teachers College, Statesboro 66,497.02 State Agricultural and Normal College, Americus 33,990.44 State College of Agriculture: (a) Maintenance $194,084.14 (b) Smith-Lever Fund 135,020.00 State College for Women, Milledgeville 186,522.72 State Medical College, Augusta 85,013.14 State Revenue Commission: (a) Cigar and Cigarette Stamp Tax Division 90,300.00 (b) Gross Receipts Sales Tax Division 18,252.46 (c) Income Tax Division 65,446.61 (d) Motor Vehicle Division 98,580.61 State Sanatorium, Maintenance 1,124,301.97 State Teachers College, Athens 124,922.20 State University, Maintenance 228,142.36 State Woman's College, Valdosta 72,581.72 Supervisor of Purchases 10,779.52 Superior Court, Salary and Expenses, Judges and Solicitors 198,296.02 Supplies, Repairs and Replacements, General Assembly 20.25 Supreme Court of Georgia, Salaries 66,287.09 Tenth District A. M. School, Granite Hill 12,181.34 Training School for Boys, Milledgeville 42,964.00 Training School for Girls, Atlanta 39,928.00 Training School for Mental Defectives 69,067.64 Tresury Department: (a) Maintenance 3,111.79 (b) Salaries 25,640.00 Tuberculosis Sanatorium, Buildings 10,484.55 Tuberculosis Sanatorium, Maintenance 220,142.00 Veterans Service Bureau: (a) Roster Division 3,946.67 (b) Service Division 15,027.24 Vocational Education Fund 122,702.21 Vocational Trades School, Monroe 20,781.34 Vocational Rehabilitation Fund 24,732.33 Total Disbursements $31,771,826.65 Balance on Hand December 31, 1932 2,658,611.80 $34,430,438.45

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SUPREME COURT OF GEORGIA HON. RICHARD B. RUSSELL Chief Justice HON. MARCUS W. BECK Presiding Justice HON. SAMUEL C. ATKINSON Associate Justice HON. HIRAM WARNER HILL Associate Justice HON. STIRLING PRICE GILBERT Associate Justice HON. R.C. BELL Associate Justice GEORGE W. STEVENS Reporter JOHN M. GRAHAM Assistant Reporter Z. D. HARRISON Clerk KATHERINE C. BLECKLEY Deputy Clerk MARCUS H. FIELD Sheriff COURT OF APPEALS OF GEORGIA HON. NASH R. BROYLES Chief Judge HON. W. F. JENKINS Presiding Judge HON. ALEXANDER W. STEPHENS Judge HON. I. H. SUTTON Judge HON. HUGH J. MacINTYRE Judge HON. JOHN B. GUERRY Judge GEORGE W. STEVENS Reporter JOHN M. GRAHAM Assistant Reporter LOGAN BLECKLEY clerk KATHERINE C. BLECKLEY Deputy Clerk P. W. DERRICK Sheriff

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SUPERIOR COURT CALENDAR FOR 1933-1934 ALAPAHA CIRCUIT. HON. W. R. SMITH, Judge, Nashville. H. C. MORGAN, Solicitor-General, Homerville. AtkinsonThird Mondays in February and July, and fourth Monday in October. BerrienThird and fourth Mondays in March and September, and second Mondays in June and December. ClinchFirst Mondays in March and October. CookFirst and second Mondays in February, May, August, and November. LanierFourth Monday in February, and second Monday in October. ALBANY CIRCUIT. HON. B. C. GARDNER, Judge, Camilla. ROBERT B. SHORT, Solicitor-General, Newton. 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 Monday in March, and fourth Monday in October. 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. J. HAROLD HAWKINS, Judge, Marietta. H. G. VANDIVIERE, Solicitor-General, Canton. CherokeeFourth Monday in February, and first Mondays in August and December. CobbSecond Monday in March, third Monday in July, and second Monday in November. FanninSecond Mondays in April, August, and December. ForsythFourth Monday in March and third Monday in August. GilmerThird Monday in May, and second Monday in October. MiltonFirst Monday in March, and third Monday in August. PickensFirst Monday in April, and fourth Monday in September. BRUNSWICK CIRCUIT. HON. J. H. THOMAS, Judge, Jesup. 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. WayneFourth Mondays in January, April, July, and October. CHATTAHOOCHEE CIRCUIT. HON. C. F. McLAUGHLIN, Judge, Columbus. A. J. PERRYMAN, 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, May, August, and November. TalbotFirst and second Mondays in March and September. TaylorFirst and second Mondays in April and October.

Page 1207

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, and second Mondays in May and November. 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. A. J. McDONALD, Judge, Fitzgerald. T. HOYT DAVIS, Solicitor-General, Vienna. 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. WilcoxFourth Mondays in March and November and the Monday following each of them; and first Monday in July. COWETA CIRCUIT. HON. LEE B. WYATT, Judge, LaGrange. W. Y. ATKINSON, Solicitor-General, Newnan. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in May and November. DUBLIN CIRCUIT HON. J. L. KENT, 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.

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EASTERN CIRCUIT. HON. PETER W. MELDRIM, Judge, Savannah. SAMUEL A. CANN, 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. W. H. CONNOR, Solicitor-General, Griffin. FayetteFirst and second Mondays in March and September. PikeThird and fourth Mondays in February and November, fourth Monday in July, and first Monday in August. SpaldingFirst and second Mondays in February and October, and third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August, and first and second Mondays in November. MACON CIRCUIT. HONS. MALCOLM D. JONES, Macon, LOUIS L. BROWN, Fort Valley, 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 January, May, and September. PeachFirst Mondays in April and October. MIDDLE CIRCUIT. HON. R. N. HARDEMAN, Judge, Louisville. M. L. GROSS, Solicitor-General, Sandersville. 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 May and November. WashingtonFirst Mondays in March and September.

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NORTHEASTERN CIRCUIT. HON. B. P. GAILLARD Jr., Judge, Gainesville. ROBERT McMILLAN, Solicitor-General, Clarkesville. DawsonThird Monday in March, and first Monday in August. HabershamFirst Mondays in March and June, second Monday in August, and fourth Monday in November. HallThird Monday in January, first Monday in May, third Monday in July, and first Monday in November. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August, 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. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. BERRY T. MOSELEY, Judge, Danielsville. 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. C. S. BALDWIN Jr., Solicitor-General, Madison. 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.

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OCONEE CIRCUIT. HON. ESCHOL GRAHAM, Judge, McRae. M. H. BOYER, Solicitor-General, Hawkinsville. BleckleySecond and third Mondays in January and July. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond and third Mondays in March and September, and second Mondays in June and December. TelfairFourth Mondays in February and June, and third and fourth Mondays in October. TreutlenThird Mondays in February and August. WheelerFourth Mondays in March and September, and the Monday following each. OGEECHEE CIRCUIT. HON. WILLIAM WOODRUM, Judge, Millen. WILLIAM G. NEVILLE, Solicitor-General, Statesboro. 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. CHARLES W. WORRILL, Judge, Cuthbert. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Mondays in March and September. EarlyFirst Mondays in April and October. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleThird Mondays in April and October. TerrellThird Mondays in May and November. PIEDMONT CIRCUIT. HON. W. W. STARK, Judge, Commerce. CLIFFORD PRATT, Solicitor-General, Winder. 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.

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ROME CIRCUIT. HON. JAMES MADDOX, Judge, Rome. JAMES F. KELLY, Solicitor-General, Rome. ChattoogaFirst Monday in Febuary, fourth Monday in May, and second Monday in September. FloydSecond Mondays in January, April, July, and October. WalkerThird Mondays in February and August, and first Mondays in May and November. SOUTHERN CIRCUIT. HON. WILLIAM E. THOMAS, Judge, Valdosta. G. C. SPURLIN, Solicitor-General, Valdosta. BrooksFirst Mondays in May and November. ColquittFirst Mondays 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. WILLIAM M. HARPER, Judge, Americus. HOLLIS FORT, Solicitor-General, Americus. 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.

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TALLAPOOSA CIRCUIT. HON. JAMES R. HUTCHESON, Judge, Douglasville. S. W. RAGSDALE, Solicitor-General, Dallas. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August. TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. W. C. FOREHAND, 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. J. CECIL DAVIS, 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. M. D. DICKERSON, Judge, Douglas. A. B. SPENCE, Solicitor-General, Waycross. BaconThird 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.

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WESTERN CIRCUIT. HON. BLANTON FORTSON, Judge, Athens. HENRY H. WEST, Solicitor-General, Athens. ClarkeFirst Mondays in January, April, July, and October. OconeeFourth Mondays in Jauary and July. WaltonThird Mondays in February, May, August, and November.

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INDEX A ABANDONMENT Probation law not applied to 267 AGRICULTURE, DEPARTMENT OF See Appropriations. ALBANY City court; trial by judge without jury; salaries 287 ALLOCATED REVENUES See Appropriations. ACADEMY FOR BLIND See Appropriations. ACCOUNTING OF PUBLIC MONEYS Act providing for 78 Authority to cite for 78 ACTS, TABLES OF See Resolutions. Appropriations 13 Cities and towns (local Acts) 827 Code amendment 31 Constitutional amendment 29 Counties and county matters 387 Courts, city, county and municipal 287 Courts, superior 64 Educationschools 52 Local and special laws 287 Miscellaneous general laws 77 Municipal corporations 827 Solicitors-General 801 Superior courts 64 AERONAUTICAL REGULATIONS 99 AGRICULTURAL COMMODITY Defined 129 AGRICULTURE, DEPARTMENT OF Appropriation for 14 AIRCRAFT See Airports. Collision of, liability for 101 Contracts governing 101 Crimes in flight 101 Damage by 101 Jurisdiction 101 Law governing 99

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AIRPORTS Act to be known as Uniform Airports Act 105 Authority to construct, lease, fix fees, regulate, etc. 104 Bond issue for 103 Cities, counties, etc., authorized to establish 102 Condemnation of property for 103 , 105 Construction of Act 105 Easements for, authority to acquire 105 Lighting 105 Policing 105 Public purposes, land of airports declared occupied for 103 Radio equipment for 105 Regulations, fees, etc., for, authority as to 104 Taxation to raise funds for 104 ALAMO, TOWN OF Mayor and councilmen 828 ALAPAHA CIRCUIT See Superior Court Calendar, p. 1205 ALBANY CIRCUIT See Superior Court Calendar, p. 1205 ALBANY, CITY OF Abolished offices 837 Act as to merger with county, conditions on which effective 847 City court, additional powers of 839 Clerical agent of 834 Commissioners of merged city and county 833 et seq. Consolidation of city and county government 830 Corporate name of merged city and county 832 Districts 832 Election to ratify Act as to merger 847 Salaries 834 Sale or lease of public utilities, election as to 847 Taxing powers 835 Territory, change of 840 ALMA, CITY OF Territory excluded from 848 AMENDMENT OF CONSTITUTION See Constitution, Amendment Proposed. APPLING COUNTY Commissioners; election from districts 389 Quail and turkey hunting 390

Page 1217

APPROPRIATIONS Act providing for 13 Agriculture, department of 14 Allocated revenues, appropriations in lieu of 26 7 Annulled appropriations in case of deficiency 25 6 Archives and History department 22 Attorney-General department 19 Audits, department of 14 Automobile registration 21 Banking department 14 Blind, academy for 25 Board of Control 24 Buildings and grounds 17 Commerce and Labor division 18 Comptroller-General 15 Confederate cemetery at Marietta 17 Confederate soldiers and widows 24 Confederate Soldiers' Home 25 Counties for aid on roads 22 3 Court of Appeals operation 23 Court of Appeals reports 19 Deaf, school for 25 Deductions 25 6 Education, department of 16 Eleemosynary institutions 14 Emergency fund 18 Entomology, department of 16 Forestry 16 General Assembly 23 , 27 Governor 17 Health department 20 Highway department 18 Income-tax division 21 Industrial Relations department 18 Insane 24 Insurance 18 Interest 22 Judges 23 Keeper of buildings, etc. 17 Labor (Commerce and) division 18 Law department 19 Law reports, printing 19 Legislative department 23 , 28 Library, State 19 Library Commission 19

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Military department 19 Milledgeville State Hospital 24 Motor-vehicle registration division 21 Naval stores inspector 20 Oil inspection bureau 15 Paper pulp industry development 17 Printing 17 , 19 Prison Commission and farms 20 Public health department 20 Public-Service Commission 21 Public-welfare division 24 Publication of notices 17 Publishing and distributing Acts, Journals, Codes 17 Purchases, supervisor's office 17 Reductions of, if revenue is insufficient 25 Regents of University System 25 Revenue Commission 21 Rewards 17 Road-work by counties 22 3 School-Code Commission 28 Schools (blind, deaf, mental defectives, training) 25 Secretary of State 21 2 Superior Court, judges, solicitors-general 23 Supreme Court operation 23 Supreme Court reports 19 Tax division 21 Treasurer (State) 22 Tuberculosis Sanatorium 24 University System, regents of 25 Unpaid appropriations, repeal of 26 Veterinarian 14 Veterans' service office 24 ARCHIVES AND HISTORY See Appropriations. ATKINSON COUNTY Salary of commissioner and advisers 390 ATLANTA See Fulton County. Amendments to charter 849 860 Budget commission 951 City limits extended 857

Page 1219

Mayor's term; right to succeed self 855 Officers, eligibility 856 7 Pensions for policemen in 213 , 223 Primary elections in 226 , 227 School fund increased to 30% of income 854 ATLANTA CIRCUIT See Superior Court Calendar, p. 1205. ATLANTA MUNICIPAL COURT Amendments as to 290 Amount involved in case in; meaning 196 Announcement of judgment in; notice 292 Appeal to Appellate Division 293 Books to be furnished to 1166 Brief of evidence not required when 293 Certiorari, when not lie 295 Change of cause of action in 298 Errors disregarded in, when 298 Judgment in, notice as to time of 292 New trials 292 3 Pleadings and practice in 297 Review by Court of Appeals 294 Rules, power to make 298 Waiver of right to move for new trial 293 ATLANTIC CIRCUIT See Superior Court Calendar, p. 1205 ATTORNEY-GENERAL See Appropriations. ATTORNEYS AT LAW Admission to practice, what required for 224 Examination required 224 Nonresidents of State, what required of 224 AUDITS, DEPARTMENT OF Appropriation for 14 AUGUSTA CIRCUIT See Superior Court Calendar, p. 1206 AUGUSTA, CITY OF Attorney ex-officio for board of health, city attorney to be 860 Board of health 862 Election of officers; repeal of code section as to 38 Health department, amendment as to 861 Pension for policemen 866 Pension fund for health department employees 862 Retirement of employees on half pay 868 Retirement pension Act repealed 870

Page 1220

AUGUSTA MUNICIPAL COURT Amendments of Act of 1931 as to 299 307 Bills of exceptions; service 301 Certiorari 300 1 Costs 301 , 303 Elected officers confirmed 300 Justice's court jurisdiction 304 Officers of justice's courts, disqualification of 304 Transfer of cases from justice's courts 305 Trial without jury 300 AUTOMOBILES Breaking and enteringpunishment 111 Expense of travel in, by State employee; limit 110 Governor's car 106 Mileage for State officers, etc., traveling by 107 Registration, appropriation for 21 State fund from sale of, how used 110 State funds not to be used for purchase of 106 State-owned cars, sale of 106 Supervisor of purchases to enforce Act as to State employees' use of 108 Tags, extension of time for buying 1157 Tags, rebate to buyers of 1158 B BACON COUNTY Superior-court terms 64 BAINBRIDGE CITY COURT Judge's salary 308 Sheriff, disbursing officer 308 Sheriff's costs, payment of 308 Solicitor's salary 308 BAINBRIDGE, CITY OF City limits, new territory 873 School trustees' election 871 BANKING DEPARTMENT Appropriation for 14 BARROW COUNTY Depository in lieu of treasurer 392 Financial statements of officers 146 Referendum 399 Superior-court terms 65 Tax-commissioner 395

Page 1221

BASTARDY Probation law not applied to 267 BAXLEY, CITY OF Mayor's term of office, 2 years; election to ratify 873 Territory not included in 874 BEN HILL COUNTY Commissioners, office created 401 BERRIEN COUNTY Financial statements 403 Salaries 404 Superior-court terms 66 BIBB COUNTY Bailiff of solicitor, salary 237 Commissioners, amendment as to board of 405 Consolidation of city and county governments; referendum 1010 Convict wardens, etc.; appointment, removal, pay 123 Court stenographer's salary 261 Executive officer, power to employ 407 Fiscal year in 148 Juvenile court officers 190 Officers, salaries, power as to 406 7 Primary election in 232 Probation officers in 233 Road commissioners, repeal of Acts as to 408 Roads, power as to 406 Salaries of special bailiffs; Acts repealed 259 Salary of county treasurer 257 Tax-assessor in lieu of board 270 Tax-collector's bond; amount 47 Tax levy 148 Tax-returns 270 BICENTENNIAL COMMISSION Address to General Assembly, invitation for 1161 Memorial tablet 1159 BLACKSHEAR CITY COURT Salaries 309 312 BLACKSHEAR, CITY OF Election hours 875 BLAKELY CITY COURT Judge's salary 312

Page 1222

BLECKLEY COUNTY Sheriff's bond 410 BLIND, ACADEMY FOR See Appropriations. BLUE RIDGE CIRCUIT See Superior Court Calendar, p. 1206 . Books for judge of 1166 BOARD OF CHIROPODY EXAMINERS See Chiropody. BOARD OF CONTROL See Appropriations. BOARD OF EXAMINERS IN OPTOMETRY See Optometry. BOARD OF HEALTH See Health Department. BOARD OF REGENTS See University System. BOB WHITE QUAIL Season for hunting 157 BRANTLEY COUNTY Clerk of commissioners 411 Depository 419 Law reports for clerk 1167 Sheriff's bond, amount 413 Tax-commissioner's bond 413 Warrants 422 BROOKS COUNTY Motor-fuel fund, use of 199 Road duty in 44 5 Tax-commissioner; referendum as to 424 BROOKS, Z. A. Reimbursed as surety 1180 BRUNSWICK CIRCUIT See Superior Court Calendar, p. 1206 . BRUNSWICK, CITY OF Depository of funds; bond 876 Voter's payment of poll tax 877 BUFORD Election hours in 34

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BUILDING CONSTRUCTION SAFEGUARDS Act as to, applicable to county of 200,000 or more people 111 Inspection and certificate 112 Notice of unsafe condition 113 Penalty 113 BUILDINGS AND GROUNDS, PUBLIC Appropriation for 17 BULLOCH COUNTY Costs of misdemeanor trials 126 BURKE COUNTY Salaries of county officers 247 BURKE, H. A. Relieved as surety 1181 C CAIRO CITY COURT Convict hire, repeal of law as to 313 Judge's salary 313 CALHOUN, CITY OF Candidate's notice, etc. 880 Registration of voters 878 CAMILLA CITY COURT Costs, distribution of 316 Demand for jury 316 Election and terms of judge and solicitor 314 Salaries of judge and solicitor 315 CAMILLA, CITY OF Election of officers 883 Mayor's salary 882 Terms of office 883 CANDLER COUNTY Board of commissioners abolished 340 Board of commissioners created 340 CANTON, TOWN OF Penalty for non-payment of street tax 884 CARROLL COUNTY Tax-collector's bond 47

Page 1224

CARROLLTON, CITY OF Water and light commission; mayor to be ex-officio member 886 CEDARTOWN, CITY OF Payments on purchase-price of light plant, how applied, referendum 888 CERTIORARI New trial on, where inability to answer appears 114 CHARLTON COUNTY COURT Abolition of, referendum as to 317 CHARTERS See local Acts. Revival of 124 CHATHAM COUNTY Court stenographer's salary 260 Depository 438 Juvenile court salaries; contracts subject to approval of commissioners 188 Land sale 436 Salaries of county officers 245 Salaries of deputy sheriffs, etc. 257 Salaries of jail employees 258 Salaries of special bailiffs; repeal of Act 259 Tax-collector's bond 47 Treasurer's office abolished 438 CHATTAHOOCHEE CIRCUIT See Superior Court Calendar, p. 1206. CHATTAHOOCHEE COUNTY Deer hunting prohibited in, for 10 years 156 CHATTOOGA COUNTY Board of commissioners abolished; new board 439 , 441 Depository 446 Road districts 440 Treasurer's office abolished 446 CHEROKEE CIRCUIT See Superior Court Calendar, p. 1207 CHIROPODY Board of Chiropody Examiners established 115 Colleges teaching 116 License to practice 116 Penalty for unlawful practice 119 Practice regulated 115

Page 1225

CITIES See names of cities, etc. Acts as to, tabulated 827 CITY COURTS Acts as to, tabulated 287 Salaries of judges in certain counties 46 CLARKE COUNTY Depository 447 Referendum 454 Treasurer, abolition of office of 448 CLAY COUNTY Sheriff's bond reduced 455 CLINCH COUNTY Attorney for county 463 Bank as depository 464 Board of commissioners, abolished; new board 455 , 456 Clerk of board 461 Districts 456 Physician for county 463 Road duty in 45 COBB COUNTY Consolidation of offices 470 Convict wardens, salary of 243 Depository 476 Tax-collector's bond, amount 47 Tax-commissioner, referendum as to 470 Treasurer, abolition of office 476 CODE AMENDMENTS Acts tabulated 31 Certiorari, new trial on, where inability to answer appears (C. C. 5202) 114 Elections, hours for, in certain towns (C. C. 80) 34 Garnishment of wages (C. C. 5265) 35 Grain weights in packages (C. C. 1868) 36 Kidnapping, punishment (P. C. 111) 37 Municipal officers' elections in certain cities (C. C. 913) 38 Municipal tax assessors in certain cities (C. C. 862) 39 Perjury, punishment for (P. C. 260) 40 Road duty in certain counties (C. C. 695) 41 6 Salaries of city-court judges in certain counties (Park's Code, 4831(1)) 46 Tax-collector's bond in certain counties (C. C. 1207) 47

Page 1226

Tax-collectors ex-officio sheriffs in certain counties (C. C. 1925) 49 Tax lien; payment, release (C C. 1140) 51 CODE OF GEORGIA OF 1933 Adopted 31 Authority as to changes 32 Authority to contract for completion, etc. 33 Commission members 32 , 33 Copyright 33 Distribution 33 Legislation of 1933 included 32 Prices to State and public 33 CODES Publishing and distributing, appropriation for 17 COFFEE COUNTY Tax-commissioner's salary 482 COKER, W. H. Reimbursed as surety 1182 COLLEGE PARK, CITY OF Amendments to charter 892 Commutation tax 900 Registration of voters 893 Road work 900 COLQUITT, CITY OF Election of marshal 901 Mayor's salary 901 Repeal of Act 901 COLQUITT COUNTY Abolition of tax offices 483 Primary elections; specification of candidates opposed 225 Tax-collector's bond, amount 47 Tax-commissioner; office created 484 Treasurer in lieu of bank as depository 489 COLUMBUS, CITY OF Cemetery 903 Employees' insurance 905 Registration of voters 906

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COMMERCE, CITY OF School board, elections 911 COMPTROLLER-GENERAL Appropriation for department 15 Authority to cite collecting officer for accounting 85 Correction of errors in tax-digest 91 Delinquent tax-collector, report as to, suspension or removal, etc. 912 CONFEDERATE CEMETERY AT MARIETTA Appropriation for 17 CONFEDERATE SOLDIERS See Appropriations. CONFEDERATE SOLDIERS' HOME Admission, care, treatment; former laws re-enacted 120 Time for maintenance of, extended 121 CONSTITUTION, AMENDMENT PROPOSED Loans for Spalding county 29 CONSTITUTION OF UNITED STATES Amendment as to President's term, time of meeting of Congress, etc., ratified 1161 CONTINUANCE OF CASE Board of health member's attendance on board, ground for 11 CONVICTS See local Acts. Prohibition of use of, in counties of 9,465 to 9,665 people 122 Resumption of use of 122 Wardens in counties of 75,000 to 100,000 people 123 COOK COUNTY Superior-court terms 68 Tax-commissioner 490 CORDELE CIRCUIT See Superior Court Calendar, p. 1207 COUNTIES AND COUNTY MATTERS See names of counties. Acts as to, tabulated 387 COUNTY CRIMINAL COURT Amendments as to, in certain counties 319 Judge's fees 321 New trials 320 Writ of error from 320 COURT OF APPEALS See Appropriations.

Page 1228

COWETA CIRCUIT See Superior Court Calendar, p. 1207 COWETA COUNTY Code and law reports for judge 1168 Tax-commissioner 494 CRAWFORD COUNTY Sheriff's bond 498 CRAWFORDVILLE Marshal and night-watchman, election of 91112 CRIMINAL LAW See local Acts. Abandonment, no probation in case of 267 Aeronautical regulations, violation of 99 Aircraft, violation of law as to 101 Automobile breaking and entering 111 Bastardy, no probation in case of 267 Building-construction safeguards, violation of law as to 111 Chiropody, unlawful practice of 115 , 119 Embalming law, violation of 136 , 145 Game law violation 156 Jurisdiction of crimes in aircraft flight 101 Kidnapping, punishment for 37 Motor-vehicle driven past school-bus without stopping where children get off or on 201 Officers not making itemized statement of fees to Comptroller-General 97 Officer's violation of automobile and mileage law 110 Optometry, unlawful practice of 202 Perjury 40 Primary-election law violation 23031 Probation by suspension of sentence 266 Selling without prescribed brand 283 Slot-machine, unlawful operation of 267 Stocks, unlawful sale of 2656 Suspension of sentence, probation by 266 Undertaker paying commission to insurer on account of employment 186 CRISP COUNTY Fee system abolished 499 , 501 Salaries in lieu of fees 499 CORPORATIONS Charters, revival of 124 Municipal 827

Page 1229

CROPS Definitions of crops, growing crops 128 Plants, trees, shrubs included in 128 DADE COUNTY Board of commissioners abolished 502 Road laws not operative in 501 Law-books for ordinary and clerk 1169 DARIEN CITY COURT Costs in 323 Judge, how appointed 322 Juries 325 Solicitor's compensation 323 DEAF, SCHOOL FOR See Appropriations. DECATUR CITY COURT Amendments as to 327 Assistant solicitor, appointment, salary, etc. 327 , 328 Solicitor pro tem. 328 DECATUR, CITY OF Additional territory 913 DECK, CHARLES Reimbursed as surety 1183 DEEPSTEP, TOWN OF Boundaries changed 916 DEER Season for hunting, etc., in 7 counties 156 DeKALB COUNTY Road duty in 434 School fund, supplement of 56 Tax-collector's bond, amount 47 DODGE COUNTY Salary in lieu of fees for clerk 241 Tax-commissioner; office created 506 DOOLY COUNTY Funds from highway certificates; referendum 504 DOUGHERTY COUNTY Consolidation of county and city governments; referendum 847 Tax-commissioner; referendum as to creating office 509

Page 1230

DOUGLAS CITY COURT Judge's salary 328 DUBLIN CIRCUIT See Superior Court Calendar, p. 1207. DUBLIN, CITY OF Tax-assessors 918 DUNSON, J. E., Jr. Relieved as surety 1184 E EARLY COUNTY Bank as depository 526 Board of commissioners abolished; new board created 514 , 515 Clerk of board; pay 518 Commissioners' districts 516 Commissioners named 522 Depository 525 Sheriff's bond reduced 523 Superintendent of roads, etc. 518 Treasurer's office abolished 526 Treasurer's salary and bond 524 Warrants 527 EAST POINT, CITY OF Board of assessors 921 Recorder's salary 922 Tax-returns and assessments 919 Voter not disqualified by not paying taxes 923 EASTERN CIRCUIT See Superior Court Calendar, p. 1208 EATONTON, CITY OF Bond issue 924 Borrowing authorized 924 ECHOLS COUNTY Commissioners; clerk, attorney, pay, meetings 529 Depository, checks on 531 EDUCATION Acts tabulated 52 Appropriation for department 16 ELBERTON, CITY OF Commission government; referendum 925 Light, power, sewerage, water; extension of, beyond city limits 940

Page 1231

ELECTIONS See local ActsPrimary Elections. Ballot secret, certain counties excepted from law as to 131 County officers declared ineligible, election to fill vacancy 130 Hours for, in certain towns 34 Time of, in certain cities; repeal of law as to 38 ELEEMOSYNARY INSTITUTIONS See Appropriations. EMANUEL COUNTY Bank as depository 532 Depository 532 EMBALMING Amendments to law as to 132 Apprentice registration 137 Board of; qualifications 135 Defined 136 License, display of 143 License, refusal or revocation 137 Licensee from other State 143 , 145 License, renewal of 144 Penalties for violation of Act 136 , 1378 , 145 EMERGENCY FUND Appropriation for 18 ENTOMOLOGY Appropriation for department 16 EXECUTIVE DEPARTMENT See Appropriations. EXPENSES OF GOVERNMENT See Appropriations. F FAIRBURN, CITY OF Sale of assets of 942 Street closing 942 FINANCIAL STATEMENTS County officers in certain counties, monthly statements by 146 FISCAL YEAR Designated for counties of 75,000 to 100,000 people 148 University-system year begins July 1 63 FISH Baskets in certain counties 149 Fund for protection of 153

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Licenses for selling 152 Mountain counties, seasons for fishing in 150 Nets in county of 8,153 to 8,160 154 Seining in certain counties 149 Time for fishing 150 FITZGERALD, CITY OF Amendments to charter 943 Borrowing 948 Eligibility for office 944 Hospital tax 949 Publication of notices, etc. 950 Taxes; time for paying 947 Voter's qualifications 944 Water, light, bond commission 945 6 FLINT CIRCUIT See Superior Court Calendar, p. 1208. FLOYD COUNTY Tax-collector's bond 47 FOOT PRACTITIONERS See Chiropody. FORESTRY AND GEOLOGY Appropriation for department 16 FORSYTH COUNTY Superior-court terms 70 FRANKLIN COUNTY Sheriff's bond 534 FRANKLIN D. ROOSEVELT HIGHWAY Established 155 FREIGHT CHARGES Limitation of action for overcharge 191 FRUIT INSPECTION, ETC. See Peaches. FULTON COUNTY Code for J. P. 1164 Commissioners; election to fill vacancy 535 Ordinary to act during vacancy in board 535 Salaries of special bailiffs; Act repealed 259 Tax-collector's bond 47 Taxes; payment pro rata 279 Text-book commission Act amended as to distribution of books in 59

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G GAME Deer hunting in 7 counties prohibited for 10 years 156 Quail, season for hunting bob white quali 157 Turkeys, season for hunting 156 GARNER, N. A. Reimbursed as surety 1185 GARNISHMENT OF WAGES Judgment necessary before 35 GASOLINE TAX See Taxes. GENERAL ASSEMBLY See Appropriations. Invitation to address 1161 , 1179 Time of reconvening 1163 GEOLOGY See Forestry. GEORGE WASHINGTON HIGHWAY 1164 GLYNN COUNTY Elections in 131 Offices in court-house to be closed on election day 132 Tax-commissioner; referendum as to 536 GORDON COUNTY Commissioner and clerk; salaries 541 Tax-commissioner's salary 543 GOVERNOR Appropriation for 17 Board of Health, Governor member of 9 GOVERNOR MARK SENNETT CONNER Address by, to General Assembly, thanks for, etc. 1173 , 1179 GRAIN WEIGHTS Sacks to be marked with, when 36 GREEN, LUCILE McD. Execution against, as surety, suspended 1187 GREEN, SAM Relieved as surety 1190 GREENE COUNTY Authority to pay Greene Allison school fund to Board of Education 544 Law books for 1170 Sheriff's bond 545

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GREENVILLE CITY COURT Abolished 330 GRIFFIN CIRCUIT See Superior Court Calendar, p. 1208. GUYTON, TOWN OF Act creating new charter 952 86 H HABERSHAM COUNTY Codes for justices of the peace 1165 Highway certificates, disposition of fund from; referendum 545 School buildings 547 , 549 Sinking fund 547 HALL CITY COURT Referendum as to amendment 332 Salaries of judge and solicitor 332 HALL COUNTY Cancellation of unsold road bonds 551 Georgia Reports, etc., for 1171 Tax-collector's bond 47 HANCOCK COUNTY Bank as depository 552 Treasurer's office abolished when 552 HARALSON COUNTY Superior-court terms 71 HART COUNTY Sheriff's bond; amount 556 HAZELHURST, CITY OF Authority to borrow for water system 986 Referendum 989 HEALTH DEPARTMENT See Appropriations; and see local Acts. Amendment of Act of 1931 as to Department 7 Board of health, new, created 9 Chairman and vice-chairman of board 10 Clerks and assistants 12 Committee inspections, reports 12 Compensation of board members 12 Director of department; election, term, salary, etc. 10 Duties of members of board 11 Governor member of board 9

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Inspections, reports 12 Jurisdiction of board, institutions excluded from 11 Nominations to board 9 Physicians, majority of board to be 9 Powers of board 11 Secretary of board, election, duties 10 Terms of office of members of board 9 Vacancy because of non-attendance 11 Vital statistics, registrar's office abolished 12 HEARD COUNTY Attorney for county 561 Commissioner, creation of office; referendum 556 Sheriff's bond reduced 569 HIGHWAY DEPARTMENT Appropriation for 18 Certificates; discount 158 , 1712 Certificates; issuance, etc. 161 Control of roads by 174 County debts 161 County funds not to be used for highways 174 Expenses 174 HIGHWAY ROUTE 31 Paving of 1175 HIGHWAYS See Highway Department. Franklin D. Roosevelt Highway established 155 George Washington highway 1164 Mileage designated 175 , 176 HISTORY See Archives and History. HOMERVILLE Amendments to charter 989 Assessments for taxation limit 60% of valuation 992 Election to fill vacancy 990 Eligibility for office 992 Fine limited to $50; appeal 992 Impounding charges 990 HUNTING See Game. I INAUGURATION OF PRESIDENT Expenses of military bodies attending 1177

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INCOME-TAX DIVISION See Appropriations. INDUSTRIAL RELATIONS DEPARTMENT Appropriations for 18 INSANE Appropriation for State Hospital 24 Commitment to State Hospital; physician, jurors, expenses 178 INSURANCE Appropriation for, of public property 18 Compensation insurers; bond of 182 Compensation insurers; plea barred 184 Creditor's rights in proceeds of policy 181 Nonresident solicitors of 180 Undertaker's commission to insurer, unlawful 186 INTEREST See Appropriations. IRWIN COUNTY Attorney for county 575 Commissioner's office abolished; board created 570 , 571 IRWIN COUNTY Law-books for justices 1165 IRWINTON CITY COURT Abolished 333 J JACKSON, CITY OF Amendment to charter 993 Licenses 999 Registration of voters 994 Schools; trustees 998 Treasurer 998 JACKSON COUNTY Bond of chairman of commissioners; amount 584 Bond of treasurer; amount 585 Financial statement by officers 146 Tax-collector as sheriff 277 JASPER COUNTY Depository in lieu of treasurer, referendum 592 Tax-commissioner, referendum as to 586 JENKINS COUNTY Georgia Reports, etc., for 1171 Sheriff's bond reduced 600

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JESUP CITY COURT Abolition of court, referendum as to 335 JUDGE Disqualification; none in undefended case if no objection made 187 JUROR Not disqualified to try undefended cases if no objection made 187 JUVENILE COURT Acts as to, amended 188 , 190 Contracts by judge subject to approval of commission 189 Salaries 189 , 190 K KEEPER OF BUILDINGS AND GROUNDS Appropriation for 17 KIDNAPPING Punishment for, increased 37 L LABOR See Appropriations. LaGRANGE, CITY OF Mayor and councilmen, oath of 1001 Salaries 1001 2 Zoning 1000 LAMAR COUNTY Attorney for 608 Commissioner's office abolished; referendum as to creation of board 601 Nominations of candidates in primary election 600 Physician for 608 LAURENS COUNTY Tax-collector's bond 47 LAW DEPARTMENT See Appropriations. LAWRENCEVILLE Notice of candidacy 1004 Oath of voter 1004 Registration of voters 1003

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LAWYERS See Attorneys at Law. LEESBURG Corporate name; powers 1005 6 Interest and costs on fi. fas. 1007 Tax sales 1006 LEXINGTON CITY COURT Election to abolish 337 Mandamus to compel election 340 LIBERTY COUNTY Fish nets, prohibition as to 154 LICENSES See Fish. LIMITATION OF ACTION Freight overcharge 192 LINWOOD, TOWN OF Jail of town 1007 LITHIA SPRINGS Repeal of charter of town of 1050 LITHONIA, CITY OF School-building tax 1008 LOUISVILLE Bond of clerk and treasurer, amount 1009 LYONS CITY COURT Amendments as to 341 Judge's salary 342 Jury 344 Salaries 342 3 Vacancy in office 345 M MACON CIRCUIT See Superior Court Calendar, p. 1208. MACON CITY COURT Salaries 345 MACON, CITY OF Act to consolidate city and county governments; referendum 1010 Amendments to charter 1025 Board of tax appeals 1027 City manager 1029

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Election of officers 38 Expenditures, unlawful 1026 Mayor's salary, duties, etc. 1026 , 1029 Registration of voters 1029 Relatives, employment of 1027 Tax assessments 1027 9 Voters' qualifications 1031 2 MACON MUNICIPAL COURT Salaries 346 MANCHESTER, CITY OF Chairman of commission, powers of 1033 Vice-chairman of commission 1033 MAPS AND PLATS OF SURVEYS Act regulaing 193 Approval of 194 5 Grand jury's recommendation necessary to make act effective 196 Recording fee 196 MARIETTA CONFEDERATE CEMETERY Appropriation for 17 MARION COUNTY Hunting deer in, prohibited for 7 years 156 McINTOCH COUNTY Bond of tax-commissioner 612 Parks, authority to acqyire land for, etc. 204 MEDICAL EXAMINING BOARD Organization and powers of 197 Pay of members 198 Rules, seal 198 MENTAL DEFECTIVES, SCHOOL FOR Appropriation for 25 MERIWETHER COUNTY Commissioner's pay; clerk 613 Superior-court terms 72 Tax-commissioner 614 Treasurer's salary 618 METTER CITY COURT Fees of clerk and sheriff 348

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MIDDLE CIRCUIT See Superior Court Calendar, p. 1208. MILITARY DEPARTMENT See Appropriations. MILLEDGEVILLE STATE HOSPITAL See Appropriations. MILLER COUNTY Sheriff's bond reduced 619 MITCHELL COUNTY Tax-commissioner's compensatin 620 MONTGOMERY COUNTY Sheriff's bond reduced (two acts) 621 , 622 MORGAN COUNTY Fishing baskets 624 Sheriff's bond reduced 624 MOTOR-CARRIERS OF MAIL Passenger limit 198 MOTOR-FUEL TAX Road bonds to be retired by, in certain counties 199 , 200 MOTOR-VEHICLE REGISTRATION See Appropriatins. MOUNTAIN COUNTIES Fishing in 150 MOUNTAIN PARK, CITY OF Ad valorem tax 1034 Registration of voters 1035 MUNICIPAL CORPORATIONS See names of cities, etc. Acts as to, tabulated 827 MUNICIPAL COURTS See Atlanta Municipal Court; Augusta Municipal Court; Macon Municipl Court; Savannah Municipl Court. MURRAY COUNTY Attorney for 631 Commissioner's office abolished; board created 625 , 626 Tax-commissioner 635 MUSCOGEE COUNTY Bnd of depository 640 Deer hunting prohibited in, for 10 years 156 Tax-collector's bond 47

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NAVAL STORES INSPECTOR See Appropriations. N NEWNAN, CITY OF Insurance of employees 1036 Sale of public utilities 1039 Taxes and tax payments 1037 Tax-returns, time for 1037 NORTHEASTERN CIRCUIT See Superior Court Calendar, p. 1209. NORTH HIGH SHOALS, TOWN OF Act incorporating 1042 NORTHERN CIRCUIT See Superior Court Calendar, p. 1209. NOTARY PUBLIC Fees for commissioning go to Treasury 19 O OCMULGEE CIRCUIT See Superior Court Calendar, p. 1209. OCONEE CIRCUIT See Superior Court Calendar, p. 1210. OCONEE COUNTY Commissioners, pay of 642 OGEECHEE CIRCUIT See Superior Court Calendar, p. 1210. O'HALLORAN, W. D. Relief to, as surety 1180 , 1189 OPTOMETRY injunction against unauthorized practice of 203 Registrationand fee of Practitioner of 202 Revocation of certificate 203 P PAPER PULP INDUSTRY Appropriation for 17 PARKS See Local Acts. County authority as to, in county of 5760 to 5765 population 204 PARRISH, C. H. Relieved as surety 1181 PATAULA CIRCUIT See Superior Court Calendar, p. 1210.

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PAULDING COUNTY Road duty or tax not required in 41 PAVING See Highways, and see Local Acts. PEACH COUNTY Superior-court terms 73 PEACHES Grading, marketing, inspection, peaches eliminated from Act of 1927 as to 206 PERJURY Punishment for; minimum 2 years 40 PHARMACY Qualifications of pharmacists 211 PIEDMONT CIRCUIT See Superior Court Calendar, p. 1210 . PIERCE COUNTY Depositor's bond 646 Deposits 646 Quail shooting in 643 School superintendent, electors of 643 Tax-commissioner's bond 644 5 PILOTS OF AIRCRAFT 99 PLATS See Maps and Plats of Surveys. PODIATRY See Chiropody. POLICEMEN Civil-service regulations for, in county of 200,000 or more people 212 Pensions for, in county of 150,000 or more people 213 , 223 PRACTICE OF LAW, ADMISSION TO See Attorneys at Law. PRIMARY ELECTIONS See Local Acts. Acts as to 225 , 226 , 227 , 232 PRINTING See Appropriations. PRISON COMMISSION AND FARMS See Appropriations. PROBATION OFFICERS Appointment, pay, etc., in county of 75,000 to 100,000 people 233 PUBLIC BUILDINGS AND GROUNDS Appropriation for 17

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PUBLIC HEALTH See Appropriations; Health. PUBLIC SERVICE COMMISSION See Appropriations. PUBLIC WELFARE DIVISION See Appropriations. PURCHASES FOR STATE INSTITUTIONS Preference to Georgia products, etc. 1178 Q QUAIL See Game. R RAILROAD Lease or sale of, authority for; rights acquired 235 RANDOLPH COUNTY Depository 647 Treasurer's office abolished 647 REGENTS OF UNIVERSITY SYSTEM See Appropriations; University System. REGISTRATION OF VOTERS See Local Acts. Assistance in, in county of 4340 to 4350 people 236 RESOLUTIONS TABULATED 1157 REVENUE COMMISSION See Appropriations. REWARDS Appropriation for 17 RICHMOND COUNTY Attorney for board of education 650 City-court judge's salary 46 Convict wardens, etc., appointment, removal, pay 123 Fiscal year in 148 Jurisdiction of J. P.'s 652 Salaries of special bailiffs; repeal of Act 259 Tax-collector's bond 47 Tax levy 148 Text-book law applied to 652 RICHMOND COUNTY CITY COURT Salary of judge 350 ROAD DUTY AND TAX 41 5

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ROADS See Appropriations; Highways. ROCKDALE COUNTY Fish-baskets; seining 654 Law reports for 1172 Sheriff's bond reduced 654 ROME Additional territory 1049 Bonds, deposit of funds to pay 1047 Borrowing, authority as to 1048 9 Deposit of funds 1047 ROME CIRCUIT See Superior Court Calendar, p. 1211 . ROOSEVELT (FRANKLIN D.) HIGHWAY Established 155 S SALES-TAX SYSTEM Invitation to address General Assembly on 1179 SALT SPRINGS, TOWN OF See Lithia Springs. SANDERSVILLE CITY COURT Judge's salary 351 SAVANNAH CITY COURT Amendments as to 353 Costs, deposit 356 Salaries of officers 354 6 Stenographer in lieu of bailiff 356 SAVANNAH, CITY OF Acts amending charter 1051 , 1063 , 1067 Bacon Park 1052 3 Board of public education 1067 Board of zoning appeals 1054 Election of officers, etc. 1051 Franklin Square Park, discontinuance of 1066 Golf courses, lease of 1052 Market for farmers 1066 Motor-vehicles, permit for driving 1055 Motor-vehicles, inspection of 1055 Pension board, repeal of Act creating 1062 Pensions 1055 1062 Qualifications for office, authority to provide for 1066 Recreation commission 1053

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Redemption of property sold for assessment 1063 Sale of land 1065 Tax-assessors, appeal from 38 Two salaries, prohibition of 1056 Water rates in cemeteries 1054 Zoning appeals 1054 SAVANNAH MUNICIPAL COURT Amendments as to 357 Salaries of judges 359 Vacancy in office of Chief Judge 360 SCHLEY COUNTY Commissioners and clerk, pay of 655 Deer hunting prohibited in, for 10 years 156 Sheriff's bond reduced 656 SCHOOL-CODE COMMISSION Appropriation for 28 SCHOOLS See local Acts. Acts tabulated 52 County superintendent's appointment and residence 52 County superintendent's election 54 District trustees; number increased 55 Funds, supplement of, in certain counties 56 Tenth District SchoolConveyance of title to county 58 Text-book Commission Act amended 59 SECRETARY OF STATE See Appropriations; Securities Commission. SECURITIES COMMISSION Amendments of Acts as to 263 Dealer defined 264 Secretary of State substituted for Commission 264 Selling without license, a felony 266 Stock subscriptions where no expense incurred in sale 265 SEINING Season for, in certain counties 149 SEMINOLE COUNTY Commissioners, election of 656 SENTENCE, SUSPENSION OF Abandonment or bastardy not within Act as to 267 Probation effected by 266

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SEMINOLE COUNTY Road duty in 42 3 SLOT-MACHINES Fraudulent operation of, penalized 267 SOLICITORS-GENERAL Acts as to salary, tabulated 801 Appropriation for Alapaha circuit; salary fixed 801 Blue Ridge circuit; salary decrease 805 Brunswick circuit; salary, bond 808 Eastern circuit; salary; assistant; bailiff 809 Macon circuit; salary reduction 812 , 813 Oconee circuit; salary 815 Tifton circuit; salary 819 SPALDING COUNTY Depository Act amended 658 Depository's compensation 659 60 SOUTHERN CIRCUIT See Superior Court Calendar, p. 1211. SOUTHWESTERN CIRCUIT See Superior Court Calendar, p. 1211. SPALDING COUNTY Constitutional amendment as to loans for 29 SPARTA CITY COURT Abolished 360 STATE TREASURER See Treasurer. STEWART COUNTY Deer hunting prohibited in, for 10 years 156 Tax-commissioner; office created 660 STONE MOUNTAIN CIRCUIT See Superior Court Calendar, p. 1211. STONE MOUNTAIN, CITY OF Election hours in 1069 SUMTER COUNTY Commissioners; districts, elections 665 Salary in lieu of fees for clerk 238 SUPERIOR COURTS See Appropriations. Acts as to, tabulated 64 Calendar of 1205

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Changes in times of holding 64 et seq. Judges and solicitors-general 1205 Terms of 64 et seq., 1205 SUPERVISOR OF PURCHASES Appropriation for office of 17 SUPREME COURT See Appropriations. SURETIES ON BONDS Resolutions relieving 1180 et seq. SURVEYS See Maps and Plats of Surveys. SUTTON, DR. WILLIS A. Invitation to, to address General Assembly 1160 1 SWAINSBORO CITY COURT Salaries, fees 363 SYLVANIA CITY COURT Amendments as to 364 Conditionally effective Act as to 366 Salaries of judge, solicitor 365 SYLVESTER CITY COURT Amendments as to 367 Appeal to reviewing court 377 Auditor, judge as 375 Clerk's fees 370 1 Fees in criminal cases 371 Judge's duties 373 Judge's practice of law limited 369 Judge's pay 368 9 , 375 6 Jury trials 374 5 Sheriff's fees 371 Writ of error 377 T TALBOT COUNTY Deer hunting prohibited in, for 10 years 156 TALIAFERRO COUNTY Sheriff's bond reduced 671 TALLAPOOSA CIRCUIT See Superior Court Calendar, p. 1212 .

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TATTNALL COUNTY Tax-collector, ex-officio sheriff 49 TAX-ASSESSOR See local Acts. Act substituting for board, in county of 75,000 to 100,000 people 269 Appeal from, in city of 85,000 to 125,000 people 39 TAX-COLLECTORS See local Acts. Accounting by 78 Bonds, amount of, in certain cities 47 Definition of 80 Ex-officio sheriffs in certain counties 49 , 273 9 TAXES See local Acts. Apportionment of, on separate parcels 280 Gasoline tax, use of fund from 199 , 200 Lien, payment and release 50 Motor-fuel tax, use of fund from 199 , 200 Payment pro rata on different parcels 279 TAYLOR COUNTY Bank as depository 676 Commissioner districts; elections 672 Depository 676 Tax-commissioner; office created 673 Treasurer's office abolished 676 TELFAIR COUNTY Road duty in 41 2 TENTH DISTRICT AGRICULTURAL, ETC., SCHOOL Title conveyed to county 57 TEXT-BOOK COMMISSION Act as to, amended 59 Investigation of acts of 1192 TEXT-BOOK CONTRACTS Board of Education called on to recall, for further consideration 1195 Limitations in adoption of books 1195 Use of text-books now used 1196 THOMAS COUNTY Hunting of cat squirrels 682 Purchasing committee 679 Salaries of county officers 251 Tax-collector's bond 47

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THOMASTON Act creating new charter 1070 1108 Arrests 1088 , 1108 Assessments 1094 9 Board of education 1100 Bond issues 1107 Corporate limits 1074 Drainage 1094 , 1096 Elections 1075 Licenses 1093 Mayor's duties, powers 1081 , 1088 , 1104 Police powers 1083 Powers 1104 , 1108 Public utilities 1099 R. E. Lee Institute 1101 Recorder 1084 Salaries 1083 Schools 1100 3 Street improvements 1096 Taxes 1089 Zoning 1103 THOMASVILLE Election as to sale of water and light system 1112 13 Water and light commission created 1111 Water and light fund, investment of 1111 12 THOMSON CITY COURT Abolished 378 TIFT COUNTY Bond of depository 684 Clerk of board 685 Depository out of county 686 Payment of orders 685 Tax-commissioner's bond 683 TIFTON CIRCUIT See Superior Court Calendar, p. 1212 . TIFTON, CITY OF Act creating new charter 1114 1149 TOOMBS CIRCUIT See Superior Court Calendar, p. 1212 . TOOMBS COUNTY Advisory board to commissioner 697 Commissioners; board abolished; office of commissioner created 686 , 687

Page 1250

TOWNS COUNTY Board of education, appointment of, by judge 53 Registration of voters, assistance in 236 School superintendent, election, term, residence 53 TRAINING SCHOOLS Appropriations for 25 TREASURER, STATE See Appropriations. Report of 1200 1203 Salary of 24 TROUP COUNTY Tax-collector's bond 47 TUBERCULOSIS SANATORIUM See Appropriations. TURKEY HUNTING Season for 156 7 TURNER COUNTY Tax-commissioner's bond 698 TURPENTINE Agricultural products include gum 282 TWIGGS COUNTY Commissioners, creation of board; referendum 699 U UNDERTAKERS See Criminal Law; Embalming. UNIFORM AERONAUTICAL CODE 99 , 102 UNION COUNTY Audit of finances 711 Depository 715 Financial statements 712 Gasoline tax funds, use of 200 Records and duties of board of education, etc. 712 Sheriff's bond reduced 714 Treasurer's office abolished 715 UNIVERSITY SYSTEM See Appropriations. Allocation of funds 61 Budgets 61 Changes authorized 62 Fiscal year begins July 1 63 Powers of regents 62 Renaming institutions 62

Page 1251

UPSON COUNTY Unrecorded wills, etc., direction as to recording 1196 V VETERANS' SERVICE OFFICE See Appropriations. VETERINARIAN Appropriation 14 VITAL STATISTICS See Health Department. W WALKER COUNTY Attorney 726 Commissioner, creation of office; referendum 721 Commissioners; elections as to repeal of Acts as to board 719 Tax-commissioner; referendum as to creation of office 735 WALTON COUNTY Sheriff's bond reduced 738 WARE COUNTY Tax-collector as sheriff 275 WASHINGTON CITY COURT Election as to abolition of 380 WASHINGTON COUNTY Attorney for county; solicitor as 748 Commissioners; bond, pay, term 739 County council established 742 Tax-commissioner; office created 749 WAYCROSS CIRCUIT See Superior Court Calendar, p. 1212. WAYNE COUNTY School-district elections, voters in 54 Superior-court terms 74 WEBSTER COUNTY Attorney for 753 Commissioner; expenses; clerk's salary 752 Deer hunting in, prohibited for 10 years 156 WEIGHTS Sack to have number of pounds on, when 16 WESTERN CIRCUIT See Superior Court Calendar, p. 1212 .

Page 1252

WHEELER COUNTY Sheriff's bond reduced 754 5 Treasurer's bond reduced 756 7 WHIGHAM CITY COURT Abolished 382 WHITE COUNTY Commissioners; board abolished, new board created 758 9 Superior-court terms 76 Treasurer's bond 765 WILCOX COUNTY Commissioners; board abolished, new board created 766 , 768 WILD TURKEYS Season for hunting 156 WILKINSON COUNTY Commissioners; board abolished, new board created 776 , 777 WILKINSON COUNTY COURT Act establishing 382 Bond forfeiture in 384 Certiorari 385 Fees of judge, sheriff, bailiff 384 Fees of solicitor 385 Jurisdiction 383 Laws applicable to 383 Ordinary to be ex-officio judge 385 Solicitor 385 Trial without jury 385 WILLACOOCHEE, TOWN OF Chain-gang for 1150 Marshal's powers, bond 1151 WILLIAMS, OLIVER Relieved as surety 1191 WORKMEN'S COMPENSATION See Industrial Relations Department. WORTH COUNTY Commissioners; amendments to Act as to 780 92 Tax-commissioner; office created 792

Page 1253

WRIGHTSVILLE Mayor, councilmen; election, terms 1152 Official organ 1154 Taxes; limit of rate 1153 Tax sales 1154 Y YEAR See Fiscal Year. Z ZONING See local Acts.